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02-04-2019 - Regular r ' City of Edgewater 104N Riverside Drive Edgewaler,R 32132 EDGEWATER Meeting Minutes City Council Mike Tire.,Mayor Chrbdne Powe;District f Distrid2 VACANT Megan O'Xeejq Dirtier 3 Gary T.Conray,District 4 Monday,Fshruary 4,3019 6:00 PM Council Chambers 1. CALL TO ORDER,ROLL CALL,PLEDGE OF ALLEGIANCE,INVOCATION Present: 3- Mayor Mike Thomas,Councilwomen Christine Power,and Councilman Gary Conroy Absent: I. Councilwoman Megan OReefe Also Present: 3. Brenda Dewees,City Anomey Aman Wolfe,and City Clerk/Parelegal Robin Monawk CMC 2. APPROVAL OF MINUTES a. AR-2019-3986 Minutes of the December 3,2018 Special Council Meeting A motion was made by Councilman Conroy, second by Councilwoman Power, to approve Minutes of the December 3, 2018Special Council Meeting. The MOTION was APPROVED by the following vote: Yes: 3- Mayor Thomas,Councilwoman Paweraal Councilman Conroy b. AR-2019-3983 Minutes of the December 4,2018 City Council Workshop A motion was made by Councilman Conroy, second by Councilwoman Power, to approve Minutes of the December 4, 2018 City Council Workshop. The MOTION was APPROVED by the following vote: Yes: 3. Mayor Thomas_Councilwoman Power and Councilman Conmy a AR-2019-3985 Minutes of the December 12,2018 Council Meeting A motion was made by Councilman Conroy, second by Councilwoman Power, to approve Minutes of the December 12, 2018Council Meeting. The MOTION was APPROVED by the following vote: Yes: 3- Mayor Thomas,Commilw mPowerand Councilman Conroy d. AR-2019-3984 Minutes of the January 14,2019 City Council Workshop A motion was made by Councilman Conroy, second by Councilwoman Power, to approve Minutes of the January 14, 2019CIty, Council Workshop. The MOTION was APPROVED l3pafEdeew prep 1 Primr✓nn 4'Lti3019 City Council Meeting Minutes February 4, 2019 by the following vote: Yes: 3- Mayor T6umse,Coundlwomm Poweraud Councilman Conroy 3. PRESENTATIONS!PROCLAMATIONS/PLAQUESICERTIFICATES/DONATIONS Presentation by Abby Johnson, Intergovernmental Coordinator of St Johns River Water Management District with a checkfor$1,417,680.00 for the Reclaimed Water Project a. AR-2019-3991 Proclamation for Officer Kevin Nugent, Officer Samuel Epitropoulos, Sgt. Stephen Binz, Sgt Myles Lawler, and Deputy Timothy Maxwell (VCSO) for their courageous actions on January 9,2019 This proclamation was read into the record. 3.a. Proclamations Presented Outside Chambers-None at this time 4. CITIZEN COMMENTS Libby Lavatte, 181011ibiscus Drive: Discussed a reclaimed water break and spoke about ars Earth Day event she would like to host. Hailey Versa, 114 Orange Ave: Discussed how her sons bicycle was stolen and thanked the police officers who helped return it. 5. APPROVAL OR CHANGESIMODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS Council disclosed that they met with Attorney Glenn Starch and Mike Lopez Mayor Thomas reported: Attending the utilities workshop, the rental program workshop, the state of the county address, the Volusia league of cities dinner and the car show at Hawks Park. Discussed investigating 3 residents complaints, met with Senator Tom Wright regarding septic tanks and requested a monthly report of the amount ofwater being put into the lagoon. Councilwoman Power reported: Attending the state of the county address, the Team Volusta meeting and the car show at Hawks Park Councilman Conroy reported: Attending the Volusia League of Cities dinner, the car show at Hawks Park, a meeting for the Habitat for Humanity and a reading at Indian River Elementary. Discussed a request for a monthly financial report. 7. CONSENT AGENDA A motion was made by Councilwoman Power, second by Councilman Conroy, to approve Consent Agenda Item No.7b and 7c.The MOTION was APPROVED by the following vote: Yes: 3. Mayor Thomas,Councilwoman Power and Councilman Conroy CtypfEfrewara reset Printtdou VM2619 City Council Meeting Minutes February 4,2019 a. AR-2018-3974 Award of conuact(s)for RFP 19-ES-001 -Green Waste Disposal Councilman Conroy pulled Consent Item No.7a for discussion. After dicussion, a motion was made by Councilman Conroy, second by Councilwoman Power, to approve Consent Agenda Item No. 7a. The MOTION was APPROVED by the following vote: Yes: 3- Mayor Thoma;Councilwoman Powerand Councilmen Conroy b. AR-2019-3980 Boys and Girls Club Sub recipient Agreement Edgewater-amended and restated C. AR-2019-3982 Sub-Lease Agreement between SEV YMCA and Salty Church & PUBLIC HEARINGS,ORDINANCES AND RESOLUTIONS a. 2019-0-04 2nd Reading - Ordinance No. 2019-0-04: Michael Lopez requesting an amendment to the Fugue Land Use Map to include 160tr acres of land located west of 1-95 and north of West Indian River Boulevard as Commercial with Conservation Overlay. City Attorney Wolfe read Ordinance No. 2019-0-04 into the record. Interim City Manager Dewees made a staffpresentation. Mayor Thomas opened and closed the public hearing. Trish Berard, Court Reporter in attendance from Folusia Court Reporting Council acknowledged (Power, Conroy & Thomas) meeting with Glenn Storch & Mike Lopez about the projects A motion was made by Councilman Conroy, second by Councilwoman Power, to approve Ordinance No.2019-0-04.The MOTION was APPROVED by the following vote: Yes: 3. Mayor Themes,Councilwoman Power and Councilman Conroy Is. 2019-0-05a 2nd Reading-Ordinance No.2019-0-05-Florida-Friendly Fertilizer Use Control CityAaorney Wolfe read Ordinance No. 2019-0-05 into the record. Interim City Manager Dewees made a staffpresentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Conroy, to approve Ordinance No.2019-0-05.The MOTION was APPROVED by the following vote: Yee: 3. Mayor Thomas,Councilwoman Power and Councilman Conroy ehiroJldre oar Peg3 Printsou NIUlOIV City Council Meeting Minutes February 4,2019 C. 2019-0-06 1st Reading - Ordinance No. 2019-0-06: The City of Edgewater requesting amendments to the Comprehensive Plan based on the required Evaluation and Appraisal review process. City Attorney Wolfe read Ordinance No. 1019-0-06 into the record. Interim City Manager Dewees made a staffpresentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilman Conroy, second by Councilwoman Power, to approve Ordinance No.2019-0-06.The MOTION was APPROVED by the following vote: Yes: 3- Mayor Thomas,Councilwoman Pourer and Councilman Conmy 9. BOARD APPOINTMENTS-None at this time 10. OTHER BUSINESS a. AR-2019-3987 Selection of Interim City Manager AI Irby 92 Croteau A motion was made by Councilman Conroy, second by Councilwoman Power, to approve negotiations with Glenn Irby for Interim City Manager. The MOTION was APPROVED by the following vote: Yes: 3. Mayor Thoma,Councilwoman Power and Councilman Conroy A motion was made by Councilwoman Power, second by Councilman Conroy, to approve applicant Jamie Croteau as Applicant No. 2m the selection of a Interim City Manager position if needed.The MOTION was APPROVED by the following vote: Yes: 3. Mayor Thomas,Councilwoman Power and Cmmcilman Comoy 11. OFFICER REPORTS a. City Clerk Thanked everyone that attended the Palucia League of Cites dinner and discussed the Library Board and how to proceed. b. City Attorney Gave an apdate on open litigation cases that he is handling: the first one regarding the Eminent Domain case on State Road 441. He stated that 3 out of the 4 neighboring property owners donated their properties to the city. The Ah property owner Mr. Snowden did not agree to donate his 5 acre CayofEdi—sw rw, MUM xNtda019 City Couneil Meeting Minutes February 9,2919 Property. The city then had the property appraised and made an offer based on that appraisal. Mr. Snowden declined the offer so the city had no choice but to initiate a Eminate Domain case and proceeded to an Order of Taking hearing. The judge found that the taking was for a public purpose and entered the Order of Taking. At that point the city paid the deposit for the property at $85,900. Additional title work came in indicating that Mr. Snowden and his company did not own the entire S acre property in fact they only owned IAcre of the the property. We contacted the owner of the other 4 acres and that owner decided to donate the 4 acres to the city. At this point the only issue left to resolve is the amount of compensation to be paid to Mr. Snowden and his company for the 1 acre of property that the city took and what compensation should be paid to the owner of the mineral rights of the 5 acres of property. We have a settlement conference scheduled for February 19th to discuss the resolution of the entire case. If any agreement is able to be reached in the meeting it will be presented in front of council for a final discission The second one is regarding a Code Enforcement case involving Mr. Ingles at 158 Azalea Road. He war cited by code enforcement because he was mooring a boat to his vacant property which violates a section on the cities Land Development Code because there was no primary use for the property as there was no house there. So what Mr. Ingles did was go to county court for an injunction trying to prohibit the city from enforcing its code. I moved to dismiss the Complaint because that is not the proper procedure and they weren't entitled to an injunction. If a person is unhappy with a code enforcement decision their remedy is to appeal that to the circuit court. Mr. Ingles did not do that instead they went into county court and sought an injunction. For a number of reasons that was improper. The judge granted a Motion to Dismiss but gave them leave to amend the complaint to try and plead a claim for injunction. They amended the complaint and I moved to dismiss the Amended Complaint on the same grounds. That has not yel been set for a hearing. c. City Manager Discussed and received a consensus from Council on the approval of the 112 cent sales tax projects. Discussed a request from Officer Raver to extend his workman compensation hours. Conroy overturned the recommendation by staff and stated to let Raver stay employed with the city and use his accrued time until the pension board makes a determination. Discussed her upcoming vacation and placing Samantha Burgeron as the Acting City Manager in her absence. 12. CITIZEN COMMENTS Libby Lavatte 1820 Hibiscus Drive.'discussed an Earth Day event that she is trying to plan. Gigi Bennington, 121 Virginia Street:discussed running reclaimed water on the East side of USI. David Kneiszler, 2319 Unity Tree Drive:discussed agreeing with the proposed 1/2 cent sales tax. Jennifer Parker, 2019 Umbrella Tree Drive: thanked the City Council for standing up for our police CdyefladIR fsr Pars A—N14H19 City Council Meeting Minutes February/,3019 officers and is proud of all the positive change in the last few months. 13. ADJOURN There being no further business to discuss, Mayor Thomas adjourned the meeting at 8:06 p.m. Minutes submitted by: Kelsey Arcieri,Assistant to the City Clerk ATTEST: Robin"^1„ itusick City Clerk/Paralegal M e Thomas, ayor CbrofE4. ew, fidvdm N/daetf k City of Edgewater Edgewater,FLive F104 N. L Drive gewa32132 EDGEWATEp Action Summary City Council Mike Thomas,Mayor Christine Power,Disfrict 1 VACANT,District 2 Megan O'Keefe,District 3 Gary T.Conroy,District 4 Monday,February 4,2019 6:00 PM Council Chambers 1. CALL TO ORDER,ROLL CALL,PLEDGE OF ALLEGIANCE,INVOCATION Present: 3- Mayor Mike Thomas,Councilwoman Christine Power,and Councilman Gary Conroy Absent: 1 - Councilwoman Megan O'Keefe Also Presem: 3- City Manager Brenda Dewees,City Attorney Aaron Wolle,and City Clerk/Paralegal Robin Matusick 2. APPROVAL OF MINUTES a. Minutes of the December 3, 2018 Special Council Meeting A motion was made by Councilman Conroy,second by Councilwoman Power,to approve Minutes of the December 3,2018 Special Council Meeting.The MOTION was APPROVED by the following vote: Yes: 3- Mayor Thomas, Councihvoman Power and Councilman Conroy b. Minutes of the December 4, 2018 City Council Workshop A motion was made by Councilman Conroy,second by Councilwoman Power,to approve Minutes of the December 4,2018 City Council Workshop.The MOTION was APPROVED by the following vote: Yes: 3- Mayor Thomas,Councilwoman Power and Councilman Conroy C. Minutes of the December 12, 2018 Council Meeting A motion was made by Councilman Conroy,second by Councilwoman Power,to approve Minutes of the December 12,2018 Council Meeting.The MOTION was APPROVED by the following vote: Yes: 3- Mayor Thomas, Councilwoman Power and Councilman Conroy tl. Minutes of the January 14, 2019 City Council Workshop A motion was made by Councilman Conroy,second by Councilwoman Power,to approve Minutes of the January 14,2019 City Council Workshop.The MOTION was APPROVED by the following vote: Yes: 3- Mayor Thomas, Councilwoman Power and Councilman Conroy earaEdywaM P.9.r Partedon V5 019 City Council Action Summary February 4,2019 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS Presentation byAbby,lohnson, Intergovernmental Coordinator of St Johns River Water Management District with a check for$1,417,680.00 for the Reclaimed Water Project a. Proclamation for Officer Kevin Nugent,Officer Samuel Epitropoulos, Sgt. Stephen Binz, Sgt. Myles Lawler, and Deputy Timothy Maxwell (VCSO) for their courageous actions on January 9,2019 3.e. Proclamations Presented Outside Chambers-None at this time 4. CITIZEN COMMENTS 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS Council disclosed that they met with Attorney Glenn Sfomh and Mike Lopez 7. CONSENT AGENDA A motion was made by Councilwoman Power,second by Councilman Conroy,to approve Consent Agenda Item No.71,and 7c.The MOTION was APPROVED by the following vote: Yes: 3- Mayor Thomas,Councilwoman Power and Councilman Conroy a. Award of contract(s) for RFP 19-ES-001 -Green Waste Disposal Councilman Conroy pulled Consent Item No.7a for discussion. After dicussion,a motion was made by Councilman Conroy,second by Councilwoman Power,to approve Consent Agenda hem No.7a.The MOTION was APPROVED by the following vote: Yes: 3- Mayor Thomas, Councilwoman Power and Councilman Conroy b. Boys and Gilts Club Sub recipient Agreement Edgewater-amended and restated C. Sub-Lease Agreement between SEV YMCA and Salty Church & PUBLIC HEARINGS,ORDINANCES AND RESOLUTIONS Cny MEJaswaur Paae2 Printeden VSoWls City Council Action Summary February 4,2019 a. 1st Reading-Ordinance No. 2019-0-04: Michael Lopez requesting an amendment to the Future Land Use Map to include 160±acres of land located west of 1-95 and north of West Indian River Boulevard as Commercial with Conservation Overlay. Trish Berard, Court Reporter in attendance"in Volusta Court Reporting Council acknowledged(Power, Conroy&Thomas)meeting with Glenn Storch&Mike Lopez about the pr*cts A motion was made by Councilman Conroy,second by Councilwoman Power,to approve Ordinance No.2019-0-04.The MOTION was APPROVED by the following vote: Yes: 3- Mayor Thomas, Councilwoman Power and Councilman Conroy b. 2nd Reading -Ordinance No. 2019-0-05- Florida - Friendly Fertilizer Use Control A motion was made by Councilwoman Power,second by Councilman Conroy,to approve Ordinance No.20190-05.The MOTION was APPROVED by the following vole: Yes: 3- Mayor Thomas,Councilwoman Power and Councilman Conroy C. 1st Reading -Ordinance No. 2019-0-06: The City of Edgewater requesting amendments to the Comprehensive Plan based on the required Evaluation and Appraisal review process. A motion was made by Councilman Conroy,second by Councilwoman Power,to approve Ordinance No.2019-0-05.The MOTION was APPROVED by the following vote: Yes: 3- Mayor Thomas, Councilwoman Power and Councilman Conroy 9. BOARD APPOINTMENTS-None at this time 10. OTHER BUSINESS a. Selection of Interim City Manager #1 Irby #2 Cmfeau A motion was made by Councilman Conroy,second by Councilwoman Power,to approve negotiations with Glenn Irby for Interim City Manager.The MOTION was APPROVED by the following vote: Yes: 3- Mayor Thomas,Councilwoman Power and Councilman Conroy ' A motion was made by Councilwoman Power,second by Councilman Conroy,N approve applicant Jamie Croteau as Applicant No.2 in the selection of a Interim City Manager position if needed.The MOTION was APPROVED by the following vote: Chi Psae2 PfirW on V&2019 City Council Action Summary February 4,2019 Yes: 3- Mayor Thomas,Councilwoman Power and Councilman Conroy 11. OFFICER REPORTS a. City Clerk b. City Attorney Note discussed 2 open cases eminent domairisnowden Ingles code case(living on boar) c. City Manager Council consensus on approval of/ist of i/2 rent sales tax projects Conroy overturn the recommendation by staff&leave Raver for another 9 weeks at base salary no addpays 12. CfIUEN COMMENTS 13. ADJOURN Councilman Conroy made Motion to Adjourn at 8:06 pm CHyefEdgeweer Page RinreOonY 19 1,gy1�1❑ MOL DEPO(3376) V VOLUSIA n4SBEP0(-1171 Vp >, Fax 386/25&1171 C A \ REPORTING w.. COMPANY 432 Soud,Beach Street Daytona Beach,FL 32114 Trish Berard,RPR. F-R w voluaiarepolingcom Court Repancr tberard@VRCRepmemoom Cit Of Ed ewater 104 N.Riverside Drive Y Edgewater,FL 32132 EDGEiNATER Meeting Agenda City Council Mike Thomas,Mayor Christine Power,District 1 VACANT,District 2 Megan O'Keefe,District 3 Gary L Conroy,District 4 Monday,February 4,2019 6:00 PM Council Chambers We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER,ROLL CALL,PLEDGE OF ALLEGIANCE,INVOCATION 4 CSAw 2. APPROVAL OF MINUTES a. Minutes of the December 3,2018 Special Council Meeting Attachments: 12-03-2018 minutes b. Minutes of the December 4,2018 City Council Workshop Attachments, 12-0418 C. Minutes of the December 12,2018 Council Meeting Affachmenrs. 1212-12-18-1 d. Minutes ofthe January 14,2019 City Council Workshop Attachments: 01-14-19 6.� 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS I''f14�1 r�t,� a. Proclamation for Officer Kevin Nugent,Officer Samuel Epitrapoulos,Sgt.Stephen Binz,Sgt. yles Lawler,and Deputy Timothy Maxwell(VCSO)for their courageous actions on January 9,2019 Attachments: 4 Police Officers&1 VSCO-02-2019 3.a. Proclamations Presented Outside Chambers-None at this time 4. CITIZEN COMMENTS This is the time for Ne public to come forward with anycomments they may have. Citizen comments relating to any agenda mattermay be made arms time the matter is before Council. Please state your name and address, and please limit your comments to three(3)minutes or less. calr.fEdge.~ Pa..f Printed on 1/rN 9 r City Council Meeting Agenda February 4,2019 5. APPROVAL OR CHANGESIMODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a memberof the Council,in which case the Mayor will remove that item from the consent agenda and such item will be considered separately a. Award of contmct(s)for RFP 19-ES-001 -Green Waste Disposal P`-�L'—d w, a Attachments: RFP 19-ES-001 -Green Waster Disposal- master grading sheet rX;te�J 6:Yl '4G NSB Recycling,LLC contract Samsula Waste Inc.contract b. Boys and Girls Club Sub recipient Agreement Edgewater-amended and restated L4 : 1 C)1 TC 4,`� Attachments: Boys Gids Club Subrecipient Agreement Edgewater 01 1519 `C, C. Sub-Lease Agreement between SEV YMCA and Salty Church Attachments: Facility Use Acreement-Salty ChurchSEV S. PUBLIC HEARINGS,ORDINANCES AND RESOLUTIONS a. 1 st Reading-Ordinance No.2019-0-04:Michael Lopez requesting an amendment to the Future Land Use Map to include 160±acres of land located west of 1-95 and north of West Indian River C ZX-LZ,} Boulevard as Commercial with Conservation Overlay. .� Attachments: 2019-0-04 Aerial Mao Locadon Mao Future Land Use Mao b. 2nd Reading-Ordinance No.2019-0-05-Florida-Friendly Fertilizer Use Control Attachments: 2019-0-05 chyorEaem'+rw Eeee2 PrInM sn laa201e r City Council Meeting Agenda February 4,2019 C. 1st Reading-Ordinance No.2019-0-06:The City of Edgewater requesting amendments to the Comprehensive Plan based on the required Evaluation and Appraisal review process. Attachments: 2019-0-M Introduction and$urnmary Table of Contents Choi 1 -Future Land Use SCD Choi 2-Transportation GOPS Choi 3-Housim GOPs Chpt 4 Utilities-Groundwaterawfer(subelementl GOPs Choi 4 Utilities-Potable Water(subelement)GOPs Choi 4 Utilities-Sanassry Sewer(subelementl GOPs Choi4 Utilities-Solid Waste(subelement)GOPs Choi 4 Utilities-Stonnwater(subelement)GOPs Chot 5-Coastal Management GOPs Chot 6-Conservation GOPs Choi 7-Recreation GOPs Choi 8-Intemoyemmental Coordination GOPs Chpt 9-Capital Improvements Choi 10 Public School Facilities GOPs 9. BOARD APPOINTMENTS-None at this time 10. OTHER BUSINESS a. Selection of Interim City Manager Attachments: Croteau.Jamie-Resume&Letter-01-07-19 1 J Irby Resume McNees,Mbrael Resume 11. OFFICER REPORTS a. City Clerk b. City Attorney c. City Manager 12. CITIZEN COMMENTS CM ar Ede ser Pogo3 PitMaaon 1/3tl10re r City Council Meeting Agenda February 4,3019 13. ADJOURN Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act,persons needing assistance to participate in any ofthese proceedings should contact City Clerk/Paralegal Robin L.Matusick, 104 K Riverside Drive, Edgewater,Florida, telephone number 386-424-2400x 1102, 5 days prior to the meeting date. If you are hearing or voice impaired contact the relay operator at 1-800-955-8771. W(m� V; cm,o/EdgewaMi Page< PriN.d—V]80019 COUNCIL MEETING Mayor Thomas Councilwoman Power Councilman O'Keefe Councilman Conroy Also Present - Interim City Manager Brenda Dewees City Attorney Aaron Wolfe City Clerk/Paralegal Robin Matusick Monday, February 4, 2019 Council Meeting (6:00 pm) - Roll Call Voting Roster CITY CLERK REPORT—February 4, 2019 ITEM#11.a. 1) Discuss the Library board and decide to abolish or not-3 out of 5 members resigned with no other applications to appoint new members. For the last few years, they met to plan the annual luncheon 2) had a nice Volusia League of Cities Dinner that the City sponsored I F56 GIS 0-%v (Clerk/Council/Clerk Reports/01-07-2019) 0 N �I s. VV � L.t• y.� h ^� Tlt cz W � sPOO FEM O bA ci r � C .O O V Z3 C) C O ,� b� Q U oCd °O U 00 00 C� N N N N ct O Q Q Q ti ? 4-� 4-� O O O O O Ln cn Ln cn (1) aU v 0 44 N - - - U � N o z � � v c � ci 4-0 U o � 03 o 03 ,� U M w 0 G� O a� v � � O L � � o � Z l'riAk 4 3 Cis Iwo U � 40 y sem, W 40, .c:j cdcdcd crj r.+ MKI r w Lu Cl) l a o F- Q �..� z O d Q LLi ~ Q Z ~ 00 W Z v U. Q � O a O w . � W � w cr O W U E LL. v a p � 3 o , . f V Z J O c a� 1 ^`•. 1� W A W � C m o 3� 3 jL ui a ;c ` iAwl -47, C O r..0 V pow FENNOO b�A V � O � O 0 N � PENA � C,3 o � ciaicU '~ CII O O O O V UUUU © / � & � ) 3 \ � � / k & % W « � b � q � © q m % o 42 / - � � ] � as ) m / u v § g § 73 o hal � 0 w hal ..i C� • mom PC 7 2 & # � ( 2 } § k k C) U 2 0 2 / Ecd � o } 6 N § as | � 7 + 1 q � Er -0 . / � k o Cd ƒ / Cd � ' w a . e , r v I v ,` J / \V ;` X95 --'"� � �_ t F � ` I ill tt a } t S c �r m Pw 'i rr �of 3 �S fill � f 'III tin„JI1E w O i o p� o � o v w � � a ,P � � w o 00 v -d O � rn N a� a� v ct 0 0 3 ;:5 c ct ct I '~ Cz � p v ui �3 ~ � m 00 i .� � � � � .� •� �..� o �, � `� � � � o c� � 0 v� i . � 0 a� bA cd cd � U 0 PEA C Cd C-5 N M 0 � Ammo O >, 1 , a� 03 o cl U � � � 6 2 � ■ e C�3 R 64P) \ \ 2 cd 14=4 Ld � / m � § § / ■ � � l• CD r N � O � O I,EEDGEWATERONni MEMORANDUM Date: February 1,2019 To: Mayor and City Council CC: Julie Christine,Human Resources Director,Joseph Mahoney, Interim Police Chief Officer Joshua Raver From: Brenda L.Dewees,Interim City Manager Subject: Police Officer Joshua Raver Request for Extension of Allotted Workers Comp Hours Police Officer Joshua Raver was hired by the City of Edgewater on April 16,2008. Officer Raver has been out of work on Worker's Compensation and Family Medical Leave since September 5, 2018. Officer Raver's FMLA expired on November 14,2018.The PBA Collective Bargaining Agreement,Article 11, Paragraph C, states in part that the injured employee will remain on worker's compensation status, not to exceed six hundred(600)hours(nine hundred(900)hours for those on the Platoon System). Officer Raver is classified as a platoon employee and his 900 hours of worker's compensation will be exhausted tomorrow, February 2, 2019.This same paragraph states that the employee may petition the DCR(City Manager)for an extension of additional time. Officer Raver has requested this extension on January 28, 2019 as he has applied for long term disability and submitted his pension disability application but,has yet to receive a determination on either one of these. According to Officer Raver's physician,he cannot return to law enforcement work and he can no longer respond to crime scenes or work as a law enforcement officer.Julie Christine,Human Resources Director, Joe Mahoney, Interim Police Chief and I had a meeting with Officer Raver on January 11, 2019,explaining his options.At this meeting,Officer Raver was provided a list of open positions within the City for which he could apply.There was further discussion concerning the process of Officer Raver transitioning into a new career as either a Water Treatment Plant Operator or a Wastewater Treatment Plant Operator. Officer Raver was concerned about the rate of pay reduction but said he would review the job postings in more depth after the meeting. On January 23,2019, Interim Chief Mahoney called Officer Raver to ask if he had made any decisions on what he was going to do and Officer Raver said he was still calculating whether the Water or Wastewater Plant Operator's positions would meet his needs. On January 25,2019, Julie Christine, Human Resources Director called Officer Raver to ask if he needed any assistance with his long term disability paperwork. In addition, she asked if he had made a decision to petition the DCR for an extension or if he was interested in any of the open positions that were provided to him. On January 28, 2019, I received an email from Officer Raver requesting an extension. Officer Raver has been receiving his full compensation up to this date including add pays of $367.50 per month for his cell phone allowance,clothing allowance, detective officer pay,education incentive and state funding incentive. In addition,the City has continued to pay his single health insurance coverage in the amount of$836.52 per month and$12.32 per month for dental insurance. Office of the City Manager P.O. Box 100—Edgewater,FL 32132 386-424-2400 ext. 1201 FAX 386-424-2421 Officer Raver has approximately 442 hours of accruals that would be paid out to him in a lump sum payment if he were separated from employment as of February 2, 2019(date exhausting the 900 Workers Comp Hours).If separated from employment,he will then be eligible to request the 185 Share Plan Balance he is entitled. In addition,as stated earlier in this memo,he has applied for Long Term Disability and Pension Disability.As of today, February 1,2019,Mutual of Omaha(Long Term Disability Carrier) is still waiting on medical records from Officer Raver's physician to provide a status update for eligibility. The Police Pension Board Attorney was contacted on January 29,2019,and is in the process of gathering medical records also. Unfortunately, until this information is received, an informal hearing cannot be scheduled to consider the application by the Board. As the Interim City Manager, I have reviewed the documents and information regarding the PBA Agreement,the 185 Shared Plan and specific information related to this case. Officer Raver has not applied for any other open positions in the City to date.As Officer Raver is not ever able to return to the Police Officer position,it is my recommendation that the City separate services so his position can be filled. Should the City Council agree to extend Officer Raver's request, his remaining accruals will provide biweekly payroll through April 11,2019.Please be informed the Police Department will continue to be without this police officer and unable to fill this position until his employment ceases. In addition, a determination will need to be addressed as to whether he is entitled to his add pays and health insurance benefits. If you have any questions or need additional information,please let me know. Office of the City Manager P.O.Box 100—Edgewater,FL 32132 386-424-2400 ext. 1201 FAX 386-424-2421 Robin Matusick From: Megan O'Keefe Sent: Sunday, February 03,2019 4.,09 PM To: Brenda Dewees Cc: Robin Matusick;Joe Mahoney Subject: Fwd:Police Officer Request Attachments: Letter to Council 2019-02-Ol.pdf;ATT00001.htm Brenda, I am also requesting this discussion be delayed to give this officer some time to collect whatever he needs. Megan O'Keefe City of Edgewater District 3 Begin forwarded message: From: Josh Raver<jraver(it CITYOFEDGEWATER.ORG> Date: February 3,2019 at 2:02:04 PM EST To: City Council <CitvCouncil(o)CITYOFEDGEWATER.ORG> Subject: Fwd: Police Officer Request Good Aftemoon Mayor and Council My name is Josh Raver and I have been employed with the City of Edgewater since April 2008 as a law enforcement officer. I am send this email to ask for the meeting/topic Ms. Dewees is will be presenting about me be delayed. The reason I am asking for the delay is because I was advised last minute of her planning on presenting this to you and her recommendation of my separation due to medical reasons. This is referring to the email we received on Friday, February 1st at 6:06pm. I am asking for the delay to allow me time to speak with my union representative and my workmans compensation attorney. The late notice would not allow me to complete this over the weekend or the few hours before the meeting. Please let me know if this will be delayed or if it will allowed to be presented. Thank you very much in advance, Josh Raver Get Outlook for Android From: iraverAcRvofedoewater.ora Sent: Friday, February 1, 6:09 PM Subject: Fwd: Police Officer Request To: iraver83CrDamail.com t Get Outlook for Android From: Brenda Dewees Sent: Friday, February 1, 6:06 PM Subject: Police Officer Request To: City Council Cc: Josh Raver, Julie Christine, Joe Mahoney Mayor and City Council, Please see attached memo regarding Officer Joshua Raver's request for an extension of allotted Workers Comp Hours. I will be bringing this up under my report on Monday at the regular City Council Meeting for discussion. Please let me know if you have any questions. Regards, Brenda L. Dewees Interim City Manager City of Edgewater PO Box 100 Edgewater, FL 32132 386-424-2400 ext. 1201 DOWNLOAD ()UR NIOBitE APP 2 . . OUR WEgMTF Get Outlook for Android 3 Robin Matusick From: Brenda Dewees Sent: Monday, February 04,2019 8:34 AM To: Megan O'Keefe Cc: Robin Matusick;Joe Mahoney, Mayor,Christine Power; Gary Conroy Subject: RE: Police Officer Request Councilwoman O'Keefe, As outlined in my letter to Council,Officer Ravers Workers Comp hours exhausted on February 2.Interim Chief Mahoney,Julie Christine and I met with Officer Raver on January 11 outlining his options. He did not notify me until January 28 of his intent to request an extension for additional time.After reviewing the information related to his case, as also outlined in the letter,I do not see that this would be in the best interest of the City to allow this extension.The police department has been without this employee since September 5 and are in need of seeking his replacement. Due to his time running out on February 2, 1 need to know if City Council wants to override my decision and provide the extension along with the terms of the extension,since his physician has stated he cannot return to law enforcement work and he can no longer respond to crime scenes. As this is a time sensitive matter, I will be requesting Council's decision tonight. Regards, Brenda L.Dewees Interim City Manager City of Edgewater PO Box loo Edgewater,FL 32132 386-424-2400 ext. 1201 From: Megan O'Keefe Sent: Sunday, February 03, 2019 4:09 PM To: Brenda Dewees Cc: Robin Matusick; Joe Mahoney Subject: Fwd: Police macer Request Brenda, I am also requesting this discussion be delayed to give this officer some time to collect whatever he needs. Megan O'Keefe City of Edgewater District 3 Begin forwarded message: From: Josh Raver<iraver@CITYOFEDGEWATER.ORG> Date: February 3, 2019 at 2:02:04 PM EST 1 To: City Council<CitvCouncilACITYOFEDGEWATER.ORG> Subject: Fwd: Police Officer Request Good Afternoon Mayor and Council My name is Josh Raver and I have been employed with the City of Edgewater since April 2008 as a law enforcement officer. I am send this email to ask for the meeting/topic Ms. Dewees is will be presenting about me be delayed. The reason I am asking for the delay is because I was advised last minute of her planning on presenting this to you and her recommendation of my separation due to medical reasons. This is referring to the email we received on Friday, February 1 at at 6:06pm. I am asking for the delay to allow me time to speak with my union representative and my workmans compensation attorney. The late notice would not allow me to complete this over the weekend or the few hours before the meeting. Please let me know if this will be delayed or if it will allowed to be presented. Thank you very much in advance, Josh Raver Get Outlook for Android From: iraver(Mcitvofedaewater.ora Sent: Friday, February 1, 6:09 PM Subject: Fwd: Police Officer Request To: iraver83lcoomail.com Get Outlook for Android From: Brenda Dewees Sent: Friday, February 1, 6:06 PM Subject: Police Officer Request To: City Council Cc: Josh Raver, Julie Christine, Joe Mahoney Mayor and City Council, Please see attached memo regarding Officer Joshua Ravers request for an extension of allotted Workers Comp Hours. I will be bringing this up under my report on Monday at the regular City Council Meeting for discussion. Please let me know if you have any questions. Regards, Brenda L. Dewees Interim City Manager City of Edgewater PO Box 100 Edgewater, FL 32132 386424-2400 ext. 1201 2 SIG p FOR E-NEWSLETTER GO TO OU;WEUSM Get Outlook for Android 3 Robin Matusick From: Josh Raver Sent: Sunday, February 03, 2019 2:02 PM To: City Council Subject: Fwd: Police Officer Request Attachments: Letter to Council 2019-02-Ol.pdf Good Afternoon Mayor and Council My name is Josh Raver and I have been employed with the City of Edgewater since April 2008 as a law enforcement officer. I am send this email to ask for the meeting/topic Ms. Dewees is will be presenting about me be delayed. The reason I am asking for the delay is because I was advised last minute of her planning on presenting this to you and her recommendation of my separation due to medical reasons. This is referring to the email we received on Friday, February 1st at 6:06pm. I am asking for the delay to allow me time to speak with my union representative and my workmans compensation attorney. The late notice would not allow me to complete this over the weekend or the few hours before the meeting. Please let me know if this will be delayed or if it will allowed to be presented. Thank you very much in advance, Josh Raver Get Outlook for Android From: iraverCrDcdvofedaewater.orc Sent: Friday, February 1, 6:09 PM Subject: Fwd: Police Officer Request To: iraver83Agmail.com Get Outlook for Android From: Brenda Dewees Sent: Friday, February 1, 6:06 PM Subject: Police Officer Request To: City Council Cc: Josh Raver, Julie Christine, Joe Mahoney Mayor and City Council, Please see attached memo regarding Officer Joshua Raver's request for an extension of allotted Workers Comp Hours. I will be bringing this up under my report on Monday at the regular City Council Meeting for discussion. Please let me know if you have any questions. I Regards, Brenda L. Dewees Interim City Manager Cdy of Edgewater PO Box 100 Edgewater, FL 32132 386424-2400 ext. 1201 DOWNLOAD SIGN UP FOR E-NEWSLEnER GO ► a'.n( 2 Get Outlook for Android 3