03-02-2020 - Regular r
City of Edgewater 104 N.Riverside Drive
Edgewater,FL 32132
EDGEWATER Meeting Minutes
City Council
Monday,March 2,2020 6:00 PM CouncilChambers
1. CALL TO ORDER and ROLL CALL,PLEDGE OF ALLEGIANCE, INVOCATION
It was determined by Council that the Mayor would be excused for this meeting.
Present: 4- Councilwoman Christine Power,Councilwoman Kimberly Yaney,Councilwoman Megan
O'Keefe,and Vice Mayor Gary Conroy
Excused: 1 - Mayor Mike Thomas
Also Present: 3 - City Attorney Aaron Wolfe,City Manager Glenn Irby,and Assistant to the City Clerk
Haley Walker
2. APPROVAL OF MINUTES-None at this time
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
a. County Councilwoman Deb Denys was in attendance and discussed the Park Avenue extension and
Ribbon Cutting
4. CITIZEN COMMENTS
Paula Wood at 212 (undecipherable) and Gwendolyn Tobler, 2703 Vista Palm Drive - representing
the OakLynn Cemetery Association, been working on it since 2000 and only cleared maybe a quarter
of it but have found 145 burials with 9 veterans and babies. Trying to get community support to get
the word out about the cemetery. Holding a meeting on March 25th at 10:00 am at the Babe James
Center in New Smyrna Beach.
Cheryl Jenkins, 1431 Willow Oak - resident for about 5 years, local realtor and trying to take a more
active role in our community so will be attending more meetings and to thank you for the positive
things you have been doing. Would like to ask that Council take interest in code as we have derelict
properties that should be taken care of.
Mike Visconti, 316 Pine Breeze Drive - retention pond behind his house that is full of algae can
someone take a look at it and have it taken care of.
Frank Bars, 3132 Queen Palm Drive - just did a city retention pond at 3132 Queen Palm Drive, put a
"V" in it so water will run however engineers should change the way it is done since not draining
properly should be reassessed.
Libby Lavette, 1820 Hibiscus Drive - thank city for receiving a trash traps donated by Steve Beeman
that was placed at the 18th Street Canal at Fern Palm. I am concerned about location of beemats
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City Council Meeting Minutes March 2, 2020
but Randy Coslow informed her there are no plans for beemats/trash traps as no money for
maintenance. Wants Mr. Conroy to instruct Mr. Irby to place an Environmental Advisory Board on
next month's Agenda.
Sue Bartlett, 3410 Vista Palm Drive - here as the Director of Mosquito Control for the County, you
have an agenda item on consent agenda for authorization for low level flights and discussed more on
Mosquito Control.
5. APPROVAL OR CHANGESIMODIFICATIONS TO THE AGENDA-None at this time
6. CITY COUNCIL REPORTS
Councilwoman Power reported reading "Robot was on the Island" at Edgewater Public for the 5th
Grade; Team Volusia is putting in a letter Executive Office of the President Council on
Environmental Quality about modernization of NEPA Implementing Regulations trying to update the
regulations, can take over a decade to do an environmental study wanting comments by March 10th.
TPO annual call for projects, looking at sidewalks on Silver Palm to connect to 442.
Councilwoman Yaney - attended Ethics Training which is required annually, attended the Park
Avenue Ribbon Cutting.
Councilwoman O'Keefe - on February 8th 1 volunteered at the Princess Ball with Councilwoman
Power, a lot of fun; February 11th we attended the State of the County Address at the Ocean Center;
on February 24th we attended the Ethics Training and our City hosted the event; February 25th I
attended the tour with Glenn Storch; February 26th the Ribbon Cutting on Park Avenue. Also want
to put on record that I did speak to a constituent in the community and gave the City Manager
information that he was interested in the City possibly having rental spaces at the boat ramp for hot
dog stand.
Vice-Mayor Conroy - met with Glenn Storch and Project Manager for Miami Corporation on the
Deering Park Project; wife and I traveled to Tallahassee last week for the session, sitting in on the
Appropriations Committee, great opportunity; Ethics Training; State of the County and we are doing
a State of the City at the New Smyrna Yacht Club on March 26th.
7. CONSENT AGENDA
A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve
the Consent Agenda. The MOTION was APPROVED by the following vote:
Yes: 4- Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor
Conroy
a. The Riverside Conservancy Restoration for a Healthy Lagoon Hold Harmless
Agreement
b. Approval of Addendum #2 - Chemicals - Water - Wastewater Treatment Plants
(ITB #l8-ES-006) - Liquid Carbon Dioxide
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City Council Meeting Minutes March 2, 2020
C. Volusia County Public Works Mosquito Control Letter of Authority for low level
flights
d. Award and authorize the City Manager to execute a contract with The Kenton
Group, Inc. to construction the Tatum Boulevard to Elizabeth Street water main (ITB
20-ES-002).
e. US-1 Water Main: Indian River Boulevard to South Riverside Drive (CRA)
E Approval of the Victim of Crime Act(VOCA)Application and Agreement
8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
a. 2nd Reading - Ordinance No. 2019-0-31: Howard Hewitt requesting annexation of
6.0± acres of land located east of South Ridgewood Avenue and south of Packwood
Road.
City Attorney Wolfe read Ordinance No. 2019-0-31 into the record.
City Manager Irby made staff presentation.
Vice-Mayor Conroy opened and closed the public hearing.
A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve
Ordinance No. 2019-0-31. The MOTION was APPROVED by the following vote:
Yes: 4- Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor
Conroy
b. 2nd Reading - Ordinance No. 2019-0-32: Howard Hewitt requesting an amendment
to the Comprehensive Plan Future Land Use Map to include 6.0± acres of land
located east of South Ridgewood Avenue and south of Packwood Road as
Commercial.
City Attorney Wolfe read Ordinance No. 2019-0-32 into the record.
City Manager Irby made staff presentation.
Applicant's Project Engineer Daniel Johns, 3869 South Nova Road was there if questions; there were
none.
Vice-Mayor Conroy opened and closed the public hearing.
A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve
Ordinance No. 2019-0-32. The MOTION was APPROVED by the following vote:
Yes: 4- Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor
Conroy
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City Council Meeting Minutes March 2, 2020
C. 2nd Reading - Ordinance No. 2019-0-33 - Howard Hewitt requesting an
amendment to the Official Zoning Map to include 6.0± acres of land located east of
South Ridgewood Avenue and south of Packwood Road as B-3 (Highway
Commercial).
City Attorney Wolfe read Ordinance No. 2019-0-33 into the record.
City Manager Irby made staff presentation.
Applicant's Project Engineer Daniel Johns, 3869 South Nova Road was there if questions; there were
none.
Vice-Mayor Conroy opened and closed the public hearing.
A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve
Ordinance No. 2019-0-33. The MOTION was APPROVED by the following vote:
Yes: 4- Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor
Conroy
d. 2nd Reading - Ordinance No. 2020-0-03 amending and restating Chapter 10
(Health, Sanitation, Property Maintenance and Code Enforcement), Article III
(Cleanliness and sanitation of premises. In this entirety; of the code of ordinances,
City of Edgewater, FL; providing for conflicting provisions, severability and
applicability; providing the codification an effective date and for adoption.
City Attorney Wolfe read Ordinance No. 2020-0-03 into the record.
City Manager Irby made staff presentation.
Vice-Mayor Conroy opened the public hearing with the following comments -
Libby Lavette, 1820 Hibiscus Drive - for this, seems like the paper with the orange bags might be the
one who violates this this would prevent papers from delivering if you ask them to do so.
Councilwoman Yaney stated that as she drove around, she found a lot of derelict properties who are
violating a number of codes don't know why we are not addressing those, I did not see many of this
issue not sure why we need to add this when we need to address those offenses we have. City Manager
Irby stated our Code Enforcement is reactive not proactive, it would be up to Council to change that.
Councilwoman Yaney also asked if complaints are public record, City Manager Irby stated that they
are however we do also accept anonymous complaints.
Vice-Mayor Conroy closed the public hearing.
A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve
Ordinance No. 2020-0-03. The MOTION was APPROVED by the following vote:
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City Council Meeting Minutes March 2, 2020
Yes: 3- Councilwoman Power,Councilwoman O'Keefe and Vice Mayor Conroy
No: I - Councilwoman Yaney
e. First Reading- Ordinance No. 2020-0-04 - Proposed Charter Ballot Language
City Attorney Wolfe read Ordinance No. 2020-0-04 into the record.
City Manager Irby made staff presentation and John McKinney would speak on behalf of the Charter
Review Committee.
Gigi Bennington, 121 Virginia Street - Chairman of Charter Review Committee, we went through the
Charter with a fine tooth comb, we thought we were going to present but not at a first reading; all
our votes were unanimous.
John McKinney, 626 Coral Trace Boulevard - we did go through the entire Charter and work with
the City Attorney for this.
Wanted the following 2 things in the preamble of the Charter:
1. Indian River and Mosquito Lagoon Estuary-making sure the importance of it to the citizens
2. Opposition of any bridge being put in from 442 across to the barrier islands
Specific sections of the Charter-
1. wanted to modify how city council raises were done instead of biannual change to annual;
2. wanted you guys to have training when you are elected to council;
3. change the debt issuance as it had a S year rolling target so changed that and the percentage;
4. policy that an employee cannot run for office;
S. when you hire & terminate an appointed official it needs to be a majority of all 5 on council;
6. clarified for members of council, can only miss 3 meetings over a rolling 12 month period;
7. city manager relatives and employment
There were things that need to change in the personnel policy - nepotism, code of ethics and address
that there is a personnel board when there is not.
Recommend that this goes to November 2020 election.
Vice-Mayor Conroy opened and closed the public hearing.
Libby Lavette, 1820 Hibiscus Drive - 1 want to thank the Charter Review Committee on their job and
happy about language to protect the Mosquito Lagoon and preventing a bridge being built.
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City Council Meeting Minutes March 2, 2020
Councilwoman Power - the language for the Indian River Lagoon and the bridge do not belong in the
Charter it is something that could go in the Comp Plan or the Code or as an ordinance, just not in
the Charter. Bridge is not something we would be doing - ordinance or resolution, sounds great but
does not belong in the Charter. These are feel good things, we do not have jurisdiction for that. The
rest I am happy with.
Councilwoman Yaney - asked Mr. McKinney to explain, McKinney suggested Ken Hooper speak.
Ken Hooper, 1818 S. Riverside Drive - agrees that some things belong in Charter and others do not;
you have it in the Comp Plan, you have the ability and have waived those in the Comp Plan, by
putting it in the Charter, you cannot waive it. A lot of debate on all of these, there were other issues
we also brought up like advertising now you do it a lot different than before.
Councilwoman O'Keefe - I agree with Mr. Hooper, I think this is premature and will speak with you but
appreciate you doing this.
Vice-Mayor Conroy - total membership, we do membership with 4 people, we can do business as long as
we have a quorum. Councilwoman Power explained that they were stating it requires 3 votes to hire or
fire city manager, city clerk or city attorney. City Attorney thinks it reads fine, by a majority vote of
its total membership fire (total membership is S so you need 3). Gigi Bennington stated it takes 3 to hire
and fire.
A motion to postpone first reading of Ordinance No. 2020-0-04 (Proposed Ballot Language)
to a date and time certain on May 4, 2020 was made by Councilwoman Yaney, second by
Councilwoman O'Keefe. The MOTION was APPROVED by the following vote:
Yes: 4- Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor
Conroy
9. BOARD APPOINTMENTS-None at this time
10. OTHER BUSINESS
a. Acceptance of Grant award for Hazard Mitigation Grant Program (HMGP)
4337-78-R YMCA Wind Retrofit Project
City Manager gave a staff report.
Citizen Comments -None
Councilwoman Power, these are the good ones. City Manager added an addendum stating that the
matching funds are not in the budget but we fill find the money at mid year and amend the budget
accordingly.
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City Council Meeting Minutes March 2, 2020
Councilwoman Yaney - YMCA is used as an evacuation center and it's great that we can do this.
A motion was made by Councilwoman Power, second by Councilwoman Yaney, to approve
the FDEM Proposed Contract for the Hazard Mitigation Grant Program. The MOTION was
APPROVED by the following vote:
Yes: 4- Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor
Conroy
11. OFFICER REPORTS
a. City Clerk
Assistant to the City Clerk Haley Walker reported-Nothing at this time
b. City Attorney
Update on the Marina Litigation - On February 14th we had a confidential meeting to discuss
settlement with all parties and all attorneys. No proposed resolution was arrived at during that
meeting but conversations continue along those lines. As far as upcoming dates, I filed a Motion to
Compel Discovery that is set for hearing on April 24th; set the plaintiffs for depositions on May 7th.
The Developers attorney has recently filed their own Motion to Compel Discovery that's pending and
I sent out some additional discovery in the form of requests for admissions in the case. Discussions
are continuing to try to resolve the case.
Vice-Mayor Conroy wanted to know if the depositions were to be videotaped and City Attorney responded
yes, normally on the plaintiffs and these are not meant to intimidate in any way.
Councilwoman Yaney wanted to know when you discuss settlement, when does that come back to
council, City Attorney stated that it is always brought back to council for a vote on approval of any
settlement; anytime a tentative settlement is arrived at, it would be brought in front of council for a
vote. Councilwoman Yaney also asked about status of permit and work being done; not aware of
any open permits on this site and understand that a stop work order was issued today.
Councilwoman Yaney stated it appears developer has shown disregard for our process and
procedure.
c. City Manager
Started a few weeks ago with the fiscal budget, it should be lighter but more difficult with
salaries/pay as we are having a difficult time recruiting employees (CDL) - we need to have a salary
survey for all departments. HR Director Christine stated that the last one was when the Pension
Coordinator Sheila was here. Councilwoman Yaney asked a different look to the budget. Vice-
Mayor Conroy asked about the dumping incident at the Marina discussed fines/warning. Fire Chief
Lariscy responded that it was posted with a stop work order; can be a $75.00 citation and a
$50 per day fine. Fire Chief Lariscy gave further details as to how process works.
12. CITIZEN COMMENTS
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City Council Meeting Minutes March 2, 2020
Libby Lavette, 1820 Hibiscus Drive - resident called her because of what was going on at the Marina
Site at Boston and Riverside Drive. Halifax Marine Construction was doing business there without a
permit, they need to be held accountable. Need more employees for code enforcement during budget,
homeless camps are back.
13. ADJOURN
Councilwoman O'Keefe Moved to adjourn
Minutes submitted by:
Robin L. Matusick, CMC
City Clerk
ATTEST.' )ice-
;ayor r"
Robin Matusick, CMC
City Clerk/Paralegal
City of Edgewater Page 8 Printed on 3/20/2020
City of Edgewater 104 N. Riverside Drive
Edgewater, FL 32132
6DGEtitA7ER Action Summary
City Council
Monday,March 2, 2020 6:00 PM Council Chambers
1. CALL TO ORDER and ROLL CALL,PLEDGE OF ALLEGIANCE,INVOCATION
Present: 4- Councilwoman Christine Power,Councilwoman Kimberly Yaney,Councilwoman
Megan O'Keefe,and Vice Mayor Gary Conroy
Excused: 1 - Mayor Mike Thomas
Also Present: 3- City Attorney Aaron Wolfe,City Manager Glenn Irby,and Assistant to the City Clerk
Haley Walker
2. APPROVAL OF MINUTES-None at this time
3. PRESENTATIONS/PROCLAMATIONS(PLAQUES/CERTIFICATES/DONATIONS
a. County Councilwoman Deb Denys was in attendance and discussed the Park Avenue extension and
Ribbon Cutting
4. CITIZEN COMMENTS
5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA
6. CITY COUNCIL REPORTS
7. CONSENT AGENDA
A motion was made by Councilwoman Power, second by Councilwoman
O'Keefe,to approve the Consent Agenda.The MOTION was APPROVED by the
following vote:
Yes: 4- Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vios
Mayor Conroy
a. The Riverside Conservancy Restoration for a Healthy Lagoon Hold
Harmless Agreement
It. Approval of Addendum #2 - Chemicals-Water-Wastewater Treatment
Plants (ITB #16-ES-006) - Liquid Carbon Dioxide
C. Volusia County Public Works Mosquito Control Letter of Authority for low
level flights
Clry or Edgewater papa 1 Pawed on.L1wo"
City Council Action Summary March 2, 2020
it. Award and authorize the City Manager to execute a contract with The
Kenton Group, Inc. to construction the Tatum Boulevard to Elizabeth Street
water main (ITB 20-ES-002).
e. US-1 Water Main: Indian River Boulevard to South Riverside Drive (CRA)
f. Approval of the Victim of Crime Act (VOCA) Application and Agreement
8. PUBLIC HEARINGS,ORDINANCES AND RESOLUTIONS
a. 2nd Reading - Ordinance No. 2019-0-31: Howard Hewitt requesting
annexation of 6.03 acres of land located east of South Ridgewood Avenue
and south of Packwood Road.
A motion was made by Counciwoman Power, second by Councilwoman
O'Keefe,to approve Ordinance No. 2019-0-31. The MOTION was APPROVED by
the following vote:
Yes: 4- Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice
Mayor Conroy
b. 2nd Reading - Ordinance No. 2019-0-32: Howard Hewitt requesting an
amendment to the Comprehensive Plan Future Land Use Map to include
6.0t acres of land located east of South Ridgewood Avenue and south of
Packwood Road as Commercial.
A motion was made by Councilwoman Power, second by Councilwoman
O'Keefe,to approve Ordinance No.2019-0-32.The MOTION was APPROVED by
the following vote:
Yea: 4- Councilwoman Power,Councilman Yaney,Councilwoman O'Keefe and Vice
Mayor Conroy
C. 2nd Reading - Ordinance No. 2019-0-33 - Howard Hewitt requesting an
amendment to the Official Zoning Map to include 6.0t acres of land located
east of South Ridgewood Avenue and south of Packwood Road as B-3
(Highway Commercial).
A motion was made by Councilwoman Power, second by Councilwoman
O'Keefe, to approve Ordinance No. 2019-0-33. The MOTION was APPROVED by
the following vote:
Yes: 4- Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice
Mayor Conroy
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City Council Action Summary March 2,2020
d. 2nd Reading - Ordinance No. 2020-0-03 amending and restating Chapter
10 (Health, Sanitation, Property Maintenance and Code Enforcement),
Article III (Cleanliness and sanitation of premises. In this entirety; of the
code of ordinances, City of Edgewater, FL; providing for conflicting
provisions, severability and applicability; providing the codification an
effective date and for adoption.
A motion was made by Councilwoman O'Keefe, second by Councilwoman
Power,to approve Ordinance No. 2020.0-03.The MOTION was APPROVED by the
following vote:
Yes: 3- Councilwoman Power,Councilwoman O'Keefe and Vice Mayor Conroy
No: I - Councilwoman Yaney
e. First Reading - Ordinance No. 2020-0-04 - Proposed Charter Ballot
Language
A motion to postpone first reading of Ordinance No. 2020-0-04(Proposed Ballot
Language)to a data and time certain on May 4,2020 was made by
Councilwoman Yaney, second by Councilwoman O'Keefe. The MOTION was
APPROVED by the following vote:
Yes: 4- Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice
Mayor Conroy
9. BOARD APPOINTMENTS-None at this time
10. OTHER BUSINESS
a. Acceptance of Grant award for Hazard Mitigation Grant Program (HMGP)
4337-78-R YMCA Wind Retrofit Project
A motion was made by Councilwoman Power,second by Councilwoman Yaney,
to approve the FDEM Proposed Contract for the Hazard Mitigation Grant Program.
The MOTION was APPROVED by the following vote:
Yes: 4- Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice
Mayor Conroy
11. OFFICER REPORTS
a. City Clerk
Assistant m the City Clerk Haley Walkerreported-Nothing at this time
CayofEdgemner Pege3 Printed on 3n841e2e
City Council Action Summary March 2, 2020
b. City Attomey
Update on the Manna Litigation-On Febmary f4th we had a confidential meeting to
discuss settlement with all parties and all attorneys. No proposed resolution was
arrived at during thatmeefing but conversations continue along those lures. As lar
as upcoming dates,I filed a Motion to Compel Discovery thetis set for hearing on
April 24th;set the plainfiffs fordeposit ins on May 7th. The Developers attorney has
recently filed thelrown Motion to Compel Discovery that's pending and I sent out
some additional discovery in the form of requests loradmissions in the case.
Discussions are confining to try to resolve the case.
Vice-Mayor Conroy wanted to know if the depositions were to be video taped and City
Attorney responded yes,normally on the plaintiffs and these are not meant to
intimidate in any way.
Councilwoman Yaney wanted to know when you discuss settlement, when does that
come back to council,City Attorney stated that it is always brought back to council
fora vote on approval of any settlement,anytime a tentative settlement is arrived at,
it would be brought in hoot of council fora vote. Councilwoman Yaney also asked
about status ofpemmit and work being done;not aware ofany open permits on this
site and understand that a stop work orderwas issued today. Counclwoman Yaney
stated it appears developerhas shown disregard forourprocess andprocedum.
c. City Manager
Started a few weeks ago with the fiscal budget,it should be lighterbut mom difficult
with salaries/pay as we are having a dificult tlme mcrtting employees(CDL)-we
need to have a salary survey for all departments.HR DirectorChnsfine stated that
the last one was when the Pension Coordinator Sheila was here. Councilwoman
Yaney asked a different look to the budget. Vice-Mayor Conroy asked about the
dumping incident at the Manna discussed firmeslwaming. Fire Chief Lanscy
responded thatff was posted with a stop work order, can be a$75.00 citation and a
$50 perday fine. Fire ChiefLanscy gave furtherdetails as to howpmcess works.
12. CITIZEN COMMENTS
13. ADJOURN
Councilwoman O'Keefe Moved to adjourn
CIIY&EdgamerW Page Pnnf don31IM020
Cityof Edgewater 104 N.Ri emide Drive
9 Edgewater,FL 32132
�pGE4VATER Meeting Agenda
City Council
Monday,March 2,2020 6:00 PM Council Chambers
1. CALL TO ORDER and ROLL CALL,PLEDGE OF ALLEGIANCE,INVOCATION
2. APPROVAL OF MINUTES-None at this time
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
a. Deb Denys W Park Ave Extentsion Presentation
4. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have.
Citizen comments relating to any agenda matter maybe made at the time the matter is
before Council. Please state yourname and address, andplease limit your comments to
three(3)minutes orless.
5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA
6. CITY COUNCIL REPORTS
7. CONSENT AGENDA
All matters listed under Me 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 member of the Council,in which case the
Mayor will remove that item from the consent agenda and such item will be considered
separately.
a. The Riverside Conservancy Restoration for a Healthy Lagoon Hold Harmless
Agreement
Attachments: Veterans Park Letter of Intent
Veterans Park Indemnification Letter
b. Approval of Addendum#2-Chemicals-Water-Wastewater Treatment Plants (ITB
#18-ES-006)- Liauid Carbon Dioxide
Aaechmena: Chemicals-Addendum#24TB410-ES-006Matheson-Sioned by Vendor 2020-02
ChyofaOeswerer Pays r PdmW on L28/1020
City Council Meeting Agenda March 2,2020
C. Vol usia County Public Works Mosquito Control Letter of Authority for low level Flights
Attachments: doc02210120200218111518
d. Award and authorize the City Manager to execute a contract with The Kenton Group. Inc.
to construction the Tatum Boulevard to Elizabeth Street water main(ITB 20-ES-002).
Attachments: ITB 20-ES-W2-Tatum Boulevard to Elizabeth Street water main-bid doormen
FOR Recommendation
Kenton Contract sinned
ITB 20-ES-002-Tatum Boulevard to Elizabeth Street water main-Bid Tab reva
e. US-1 Water Main: Indian River Boulevard to South Riverside Drive (CRA)
Attachments: Mead-Hunt Proposal 01/302020
VC Potable Water Pemutfina Fees.pdt
I. Approval of the Victim of Crime Act(VOCA)Application and Agreement
Attachments: VOCA Grant Application 20-21
8. PUBLIC HEARINGS,ORDINANCES AND RESOLUTIONS
a. 2nd Readina-Ordinance No. 2019-0-31: Howard Hewitt requesting annexation of 6.0i
acres of land located east of South Ridgewood Avenue and south of Packwood Road.
Attachments: 2019-0,31
Location Mao
Aerial May
b. 2nd Reading-Ordinance No. 2019-0-32: Howard Hewitt reauestina an amendment to
the Comprehensive Plan Future Land Use Map to include 6.Ot acres of land located
east of South Ridgewood Avenue and south of Packwood Road as Commercial.
Attachments: 2019-0-32
Aerial May
Location May
Future Land Use Mao
C. 2nd Reading-Ordinance No. 2019-0-33- Howard Hewitt requesting an amendment to
the Official Zoning Map to include 6.0t acres of land located east of South Ridgewood
Avenue and south of Packwood Road as B-3(Hiahwav Commercial).
Attachments: 2019-0-33
Location May
Aerial Mao
Zonina Mao
C/ty ofEd,ww ftr Pegs 2 PdnW on 2/2&1020
City Council Meeting Agenda March 2,2020
d. 2nd Reading -Ordinance No.2020-0-03 amending and restating Chapter 10(Health.
Sanitation. Property Maintenance and Code Enforcement),Article III (Cleanliness and
sanitation of premises. In this entirety: of the code of ordinances. City of Edgewater. FL:
providing for conflicting provisions, sevembility and applicability: providing the
codification an effective date and for adoption.
Attachments: 202 -0 -Chapter 10 Littering-Newspapers 2nd readin
e. First Reading-Ordinance No. 2020-0-04-Proposed Charter Ballot Language
Attachments: 2020-0-04-Charter Ordinance-revised 02-11-2020
Charter Review Recommendations-Memo to Council
9. BOARD APPOINTMENTS-None at this tine
10. OTHER BUSINESS
a. Acceptance of Grant award for Hazard Mitigation Grant Program(HMGP)4337-78-R
YMCA Wind Retrofit Project
Attachments: 4337-78-R Contract(6-28-19)Florida Division of Emeraencv Management(FDE
DMGYMCA Assessment
YMCA Doors and Wndows Cost Estimate
11. OFFICER REPORTS
a. City Clerk
b. City Attorney
c. City Manager
12. CITIZEN COMMENTS
13. ADJOURN
Chy aEd,*w hes 3 v mnh on MRAW20
City Council Meeting Agenda March 2,2020
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
of these proceedings should contact City Clerk/Paralegal Robin L.Matusick CMC, 104 N.Riverside
Drive, Edgewater, Florida, telephone number 386-424-2400 s 1102, 5 days prior to the meeting date.
If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771.
Car.tE*.r P.a.4 PrmM on t118/l0ID
COUNCIL MEETING
Councilwoman Power
Councilwoman Yaney
Councilwoman O'Keefe
Vice-Mayor Conroy
Mayor Thomas (ABSENT)
Also Present - City Manager Glenn Irby
City Attorney Aaron Wolfe
Assistant to the City Clerk Haley Walker
Monday, March 2, 2020
CITY OFEDGEWA TER,Regular CITY COUNCIL MEETING
MONDAY,March 1, 1020
AGENDA
We respectfully request that all electronic devices are set for no audible notification.
1U/,CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE,INVOCATION
do you want to determine if the Mayor should be listed a �xcused r absent?
Y. APPROVAL OF MINUTES-None at this time CJ 1 Q(a'(Cpd
V. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
w P)CmL +eve. �ct�cns�cn -'fle,a 4cnys
YC CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have. Citizen comments
relating to any agenda matter may be made at the time the matter is before Council. Please state your
name and address, and please limit your comments to three (3) minutes or less.
`sY APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA
6. CITY COUNCIL REPORTS
a."Jz'�-Lf -L� roc modtrn; LO uno✓ c,'�> scv
Councilwoman Power -YCWt5A- nCk`a - �,La,� n
Councilwoman Yancy - �iY1Q.l.Q ' 1 i(,S (),tY��R(� 6,t'tj('A Q W WAY Y AV`V—b
Councilwoman O'Keefe- M-hy 1L31VD\V1t( Q'f%lxxSA MI,itwoka
Councilman Conroy- vi-�+10. _
Mayor [ 5 Ob .N
7. CONSENT AGENDA- Y�"L
G�� ytS qlxv5'T
a. The Riverside Conservancy Restoration for a Healthy Lagoon Hold Harmless Agreement {. "I
IQ
b. Approval of Addendum#2-Chemicals-Water-Wastewater Treatment Plants(ITB#18-ES-006) )2
- Liquid Carbon Dioxide
C. Volusia County Public Works Mosquito Control Letter of Authority for low level flights
d. Award and authorize the City Manager to execute a contract with the Kenton Group,Inc. for
construction of the Tatum Boulevard to Elizabeth Street Water Main(ITB 20-ES-002)
t
e. US-1 Water main-Indian River Boulevard to South Riverside Drive(CRA)
f. Approval of the Victim of Crime Act(VOCA)application and agreement
MOTION
SECOND
ROLL CALL
8. PUBLIC HEARINGS,ORDINANCES AND RESOLUTIONS
a. 2"° Reading - Ordinance No. 2019-0-31 - Howard Hewitt requesting annexation of 6.0±acres of
land located east of South Ridgewood Avenue and south of Packwood Road
READ INTO THE RECORD
STAFF REPORT
APPLICANT PRESENTATION (f any)
OPEN PUBLIC HEARING
-*CITIZEN
*CITIZEN COMMENTS
COUNCIL COMMENTS
,CLOSE PUBLIC HEARING
MOTION
SECOND
ROLL CALL— all, ,At5
b. 2n' Reading - Ordinance No. 2019-0-32 - Howard Hewitt requesting an amendment to the
Comprehensive Plan Future Land Use Map to include 6.0+acres of land located east of South Ridgewood
Avenue and south of Packwood Road as Commercial
READ INTO THE RECORD
STAFF REPORT —y�`j (�() jai-KC�aI \,(t,�dCYYlq,�y�
APPLICANT PRESENTATION (if any)
OPEN PUBLIC HEARING
116ITIZEN COMMENTS
\C UNCIL COMMENTS
LOSE PUBLIC HEARING
WOTION pOWZ.'t
SECOND O Ytj.�-(,
ROLL CALL
m0�i-ate Cp�,�n cGl wo�,,n P�,�
�eC.t�nd C
2
C. 2nd Reading-Ordinance No.2010-0-33 -Howard Hewitt requesting an amendment to the Official
Zoning Map to include 6.0± acres of land located east of South Ridgewood Avenue and south of
Packw99od Road as B-3 (Highway Commercial)
2AD INTO THE RECORD
STAFF REPORT —yCS , '2jrd "AA.L, Znot C�QA�1p PLICANT PRESENTATION(if any)
7
IPPEN PUBLIC HEARING
WIZEN COMMENTS
CIL COMMENTS
@LOSE PUBLIC HEARING
MOTION
SECOND 6WK
ROLLCALL A.l\
d. 2nd Reading-Ordinance No.2020-0-03 -amending and restating Chapter 10(Health,Sanitation,
Property Maintenance and Code Enforcement), Article III (Cleanliness and sanitation of premises)
WAD INTO THE RECORD �OCY2� VAC
STAFF REPORT - -AQe, , (aLQ�\Y1 iKN
APPLICANT PRESENTATION(f any) W f\N
OPEN PUBLIC HEARING
`�&IZEN COMMENTS 'S_\12P�k 0�- }►1,Y S
COUNCIL COMMENTS _ yCtt' 4@W CKAwLf Q1-
7cLOSE PUBLIC HEARING
MOTION— C tkki-t_,
SECOND — V0, i
ROLL CALL Y_,M_o o
i 1
GmCOy 6dtlkf. ,�,,.r
e. 1 st Reading- Ordinance No. 2020-0-04- Proposed Charter Ballot Language
"V&AD INTO THE RECORD
STAFF REPORT
jWPLICANT PRESENTATION(if any)
9VEN PUBLIC HEARING
WIMIZEN COMMENTS
COUNCIL COMMENTS
CLOSE PUBLIC HEARING
MOTION—yQY_1,A oQA 'C -W a-i�— t-0 0.IlUCC,S� �Mm
SECOND k`' (axd'k Y,
ROLL CALL t-o (Y�Lr ,
BOARD APPOINTMENTS-NONE AT THIS TIME
3
10. OTHER BUSINESS-
a. Acceptance of Grant award for Hazard Mitigation Grant Program(HMGP)4337-78-RYMCA
P ear av op
CITIZEN COMMENTS avy\M bNCdvy\tat
EMOTION
O I N ' Q�p W\\\ S�,"Vt-
Nv- y v4 ��JCCep 'C7J
ROLL CALL
11. OFFICER REPORTS��S
tv� _
a. City Clerk 'W�� r� RoN
b. City Attorney —
c. City Manager
12. CITIZEN COMMENTS
13. ADJOURN
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City o
EDGEWATER
TO: Mayor and City Council
FROM: Gigi Bennington, Chairperson of the Charter Review Committee
DATE: March 2, 2020
SUBJECT: Charter Review Committee Recommendations
Since October 2, 2019 the Charter Review Committee has been working diligently
to review the City Charter and have come up with eleven (11) proposed charter
revisions for consideration by the City Council and to place on the ballot at an
upcoming general election.
The eleven (11) proposed Charter revisions are summarized below;
1. Section 1.01(f) — Added language regarding the Indian River/Mosquito
Lagoon estuary
2. Section1.01(g)—Added language regarding not supporting a bridge spanning
the Indian river
3. Section 3.05 — Modified the language regarding the Consumer Price Index
(CPI) adjustment from biannual to annually. Additionally added language
regarding frequency on when changes to how compensation may be
adjusted to every five years.
4. Section 3.07 — Added language that requires city council members to
complete municipal government training programs and stipulates time
frame to complete, subject to funds being available.
5. Section 3.08(d) — Modified limitations on borrowing from 0.75 percent to
1.00 percent of net taxable value, struck the moving five year period an
added language in accordance with applicable state statutes.
6. Section 3.08(e) — Added language which prohibits a city employee from
holding an elected office of the City of Edgewater while employed by the City
Charter Review Comwttee
P.O.Box 100•MWwaz ,M 32132-0100
www.dtyofedgewaterorg
of Edgewater.
7. Section 3.09(b)(1) — Modified language regarding members of council may
only be absentfrom three(3) regular council meetings in a twelve (12) month
period.
8. Section 4.01—Added language that the city manager shall by a majority vote
of its total membership terminate a city manager.
9. Section 4.02(13) —Added no relative of the city manager shall be employed
n bythe city unless previously hired prior to the city manager being appointed.
10.Section 4.05 -Added language that the city attorney shall by a majority vote
of its total membership terminate a city attorney.
JO 11.Section 4.06 - Added language that the city clerk shall by a majority vote of
its total membership terminate a city clerk.
In addition to the proposed Charter revisions, the Charter Review Committee
recommend that the City Council direct staff to review and update all Personal
Policies and Procedures to update all sections related to the following items such
that it covers City Council, Boards and employees of the City of Edgewater;
1. Nepotism — Hiring of relatives using the definition as provided by the State
of Florida.
2. Code of ethics — Required courses for Council and select staff on an annual
basis.
3. Personnel Board — Obsolete structure that needs to be stricken from the
policy.
Finally, it is our recommendation that the City Council finds it is in the best interest
to submit these proposed amendments to the Charter of the City of Edgewater to
the electors of the City at the general electors to be held on November 3, 2020.
If there are any other items that you would like for the Committee to address,
please let us know. Otherwise, we appreciate your confidence during this process.
e'�c c, ON w%'�
O A. O'vTw' f e Cv'C c] " qek Cx�0.tkcx
Am�dmAx�tiS 9vom�c�
cha Renew com=tt
P.O.So.100.Rdgea ,M 3 2 132-010 0
—.dtyofedg—t-org
Oaklynn Cemetery Association Inc.
A 501 C(13)Nonprofit Organization supporting Osklynn Cemetery
Iowa Drive/Airpark Road in Edgewater,Florida
LIGwen Tobier, President Linda Thomas,Secretary
A
Greetings
We are Oaklynn Cemetery Association, Inc.,a non-profit volunteer group. Historic Oaklynn Cemetery
is an abandoned African American Cemetery that has suffered serious neglect and damage.
Descendants of families buried there,along with volunteers,initially formed the association in 2013
and since then have struggled to restore and preserve Historic Oaklynn.
• Oaklynn is the resting place of more than 145 souls including at least nine veterans and many
infants.
• Since the cemetery was abandoned,graves have been severely vandalized and destroyed.
• The grounds are completely overgrown — in reality a jungle.
• The current effort to restore the cemetery is made up of totally volunteer manual labor due to
access restrictions set by the owner.
• There are many historically significant markers.
• Oaklynn was recorded as an historical cemetery in the Florida Master Site File in 2000
We are looking for community support to gain unrestricted access and to achieve our goal of restoring
the cemetery and preserving it forever as a landmark for our community and the state of Florida.
We Invite you to attend an informational meeting to be held at:
Babe lames Center(201 N. Myrtle St.,New Smyrna)
March 25,2020 at 10:00AM
For further Information contact
Paula Wood at mrsdw Tcast.net or 386-402-7286
• � s�:hr
A EXECUTIVE OFFICE OF THE PRESIDENT
o a COUNCIL ON ENVIRONMENTAL QUALITY
Y
ii WASHINGTON,D.C.20503
1
.itd . SA1+
Fact Sheet: CEQ's Proposal to Modernize its NEPA Implementing Regulations
On January 9,2020,the Council on Environmental Quality(CEQ)announced a notice of
proposed rulentaking(NPRM)titled"Update to the Regulations Implementing the Procedural
Provisions of the National Environmental Policy Act."
For the first time in over 40 years,CEQ is proposing to modernize its National
Environmental Policy Act(NEPA)regulations.The outdated regulations have slowed and
impeded the development of needed infrastructure in communities across the nation.
Environmental impact statements(EISs)for Federal highway projects have averaged over 7
years to complete and many reviews have taken a decade or more.
CEQ's proposed role would modernize and clarify the CEQ regulations to facilitate more
efficient, effective, and timely NEPA reviews by simplifying and clarifying regulatory
requirements, incorporating key elements of the One Federal Decision policy, codifying certain
case law and CEQ guidance,updating the regulations to reflect current technologies and agency
practices,eliminating obsolete provisions,and improving the format and readability of the
regulations. The proposed role seeks to reduce unnecessary paperwork and delays,and to
promote better decision-making consistent with NEPA's statutory requirements.
Background:
The National Environmental Policy Act(NEPA), signed into law in 1970, is a procedural
statute that requires Federal agencies to assess the environmental impacts of proposed major
Federal actions. The Council on Environmental Quality(CEQ)issued regulations for Federal
agencies to implement NEPA in 1978. CEQ has not comprehensively updated these regulations
in over 40 years,and has made only one limited substantive amendment in 1986.
In 2017,President Tromp issued Executive Order 13807 establishing a One Federal
Decision policy, including a two-year goal for completing environmental reviews for major
infrastructure projects, and directing CEQ to consider revisions to modernize its regulations. In
2018,CEQ issued an Advance Notice of Proposed Rulemaking(ANPRM)requesting comment
on potential updates to its regulations.CEQ received over 12,500 comments,which informed
CEQ's proposed rule.
CEQ has found that the average length of an EIS is over 600 pages,and that the average
time for Federal agencies to conduct these NEPA reviews is four and a half years. However,
reviews for some projects have taken much longer. NEPA analyses are frequently challenged in
the courts,and while Federal agencies ultimately prevail in many cases, litigation can
unnecessarily delay and increase costs for important projects such as needed transportation,
water,and other infrastructure that benefit States, Tribes,and local communities. The increased
costs and complexity of NEPA reviews and litigation make it very challenging for large and
small businesses to plan,finance,and build projects in the United States.
1
Reauest for Public Comment:
• CEQ requests public comment on the NPRM. Comments should be submitted on or
before March 10,2020.
• You may submit comments via any of the following methods:
o Go to httos://www.regulations.gov/and follow the online instructions for
submitting comments to Docket ID No. CEQ-2019-0003.
o By Fax:202-456-6546
o By mail:
Council on Environmental Quality
730 Jackson Place NW
Washington,DC 20503
Attn: Docket No. CEQ-2019-0003
Public Eneaeement:
• CEQ will host two public hearings in Denver, CO and Washington,DC.
o Additional details concerning the hearings and other public engagement maybe
found HERE.
Additional Information:
• NEPA applies to a broad range of Federal actions, including Federally funded
construction projects,plans to manage and develop Federal lands, and Federal
authorizations of non-Federal activities such as licenses and permits. NEPA
encompasses a variety of activities, including projects involving the construction of
roads,bridges,highways,and airports,conventional and renewable energy production
and distribution,electricity transmission,water infrastructure,and broadband
deployment, as well as management activities on public lands. Such management
activities include leases and authorizations for energy production, mining,grazing,and
other activities;management of national parks and forests; and environmental restoration
projects.
• Under the CEQ regulations,there are three levels of environmental review:
environmental impact statements(EISs),environmental assessments(EAs),and
categorical exclusions(CEs). Annually agencies prepare approximately 170 EISs and
10,000 EAs,and apply categorical exclusions to approximately 100,000 actions.
3
Florida Senate - 2020 SB 220
By Senator Cruz
18-00114-20 2020220
1 A bill to be entitled
2 An act relating to abandoned cemeteries; creating the
3 Task Force on Abandoned African-American Cemeteries;
9 specifying the purpose of the task force; requiring
5 the Department of State to provide administrative and
6 staff support; specifying the composition of the task
7 force; providing meeting requirements; prescribing
8 duties of the task force; requiring the task force to
9 submit a report to the Governor and Legislature by a
10 specified date; providing for expiration of the task
11 force; requiring the department to partner with the
12 University of South Florida to undertake an
13 investigation of the former Zion Cemetery site;
19 requiring certain historical resources, records,
15 archives, artifacts, research, medical records, and
16 human remains to remain in the custody of the
17 University of South Florida; providing exceptions;
18 requiring the department to contract with the
19 university for the identification and location of
20 eligible next of kin of certain persons; requiring the
21 department to notify the next of kin of certain
22 payment or reimbursement provisions; requiring the
23 department to reimburse the next of kin of persons
29 whose bodies are buried and exhumed at the former Zion
25 Cemetery or to pay directly to a provider for the
26 costs associated with funeral services, reinterment,
27 and grave marker expenses; providing a process for
28 reimbursement or payment by the department; providing
29 that a charitable donation made toward funeral,
Page 1 of 7
CODING: Words strieken are deletions; words underlined are additions .
Florida Senate - 2020 SS 220
18-00114-20 2020220_
30 reinterment, and grave marker expenses is not eligible
31 for reimbursement; requiring the department to submit
32 a report to the Governor, Cabinet, and Legislature by
33 a specified date; authorizing the department to adopt
34 rules; providing appropriations; providing an
35 effective date.
36
37 WHEREAS, until the conclusion of the Civil War, millions of
38 African Americans in the United States, including Florida, were
39 enslaved, and
40 WHEREAS, following the end of slavery, African Americans
41 continued to be subject to various discriminatory practices,
42 including restrictions on burying the dead which resulted in
43 segregated cemeteries and burial grounds, and
44 WHEREAS, unlike predominantly white cemeteries and burial
45 grounds, African-American cemeteries and burial grounds were not
46 subject to regulations and recordkeeping necessary to protect
47 the dignity of the deceased, and
48 WHEREAS, as a result, many abandoned African-American
49 cemeteries and burial grounds have been inadvertently discovered
50 following years of disrepair and neglect when land is being
51 redeveloped or has been sold, and
52 WHEREAS, to this day, abandoned African-American cemeteries
53 throughout this state continue to be uncovered, as evidenced by
54 a June 2019 report in the Tampa Bay Times regarding the former
55 Zion Cemetery site in the Tampa Heights neighborhood of the City
56 of Tampa, and
57 WHEREAS, the State of Florida recognizes its obligation to
58 identify and properly record abandoned African-American
Page 2 of 7
CODING: Words semen are deletions; words underlined are additions.
• Florida Senate - 2020 SB 220
18-00114-20 2020220_
59 cemeteries and burial grounds in order to preserve history,
60 better inform development decisions, and ensure dignity and
61 respect for the deceased, NOW, THEREFORE,
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1 . (1) The Task Force on Abandoned African-American
66 Cemeteries, a task force as defined in s. 20 .03 (8) , Florida
67 Statutes, is created adjunct to the Department of State for the
68 express purpose of studying the extent to which unmarked or
69 abandoned African-American cemeteries and burial grounds exist
70 throughout the state and developing and recommending strategies
71 for identifying and recording cemeteries and burial grounds
72 while also preserving local history and ensuring dignity and
73 respect for the deceased. Except as otherwise provided in this
74 section, the task force shall operate in a manner consistent
75 with s. 20 .052, Florida Statutes. The department shall provide
76 administrative and staff support relating to the functions of
77 the task force.
78 (2) The task force is composed of the following members:
79 (a) The Secretary of State, or his or her designee, who
80 shall serve as chair.
81 (b) A representative of the Bureau of Archaeological
82 Research of the Division of Historical Resources, appointed by
83 the Secretary of State.
84 (c) One person nominated by the President of the Florida
85 State Conference of the National Association for the Advancement
86 of Colored People and appointed by the Secretary of State.
87 (d) One representative of the Florida Council of Churches,
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88 nominated by the executive director of the council and appointed
89 by the Secretary of State.
90 (e) One representative of the Florida African American
91 Heritage Preservation Network, nominated by the executive
92 director of the network and appointed by the Secretary of State.
93 (f) One representative of the Florida Public Archaeology
94 Network, appointed by the Secretary of State .
95 (g) One representative of the cemetery industry, appointed
96 by the Secretary of State.
97 (3) The task force shall hold its first meeting by August
98 1, . 2020 . The task force may meet as many times as it deems
99 necessary to complete the duties prescribed in this section.
100 (4) The task force shall:
101 (a) Review the findings and recommendations made by the
102 Task Force on Abandoned and Neglected Cemeteries created
103 pursuant to chapter 98-268, Laws of Florida, and any legislative
104 or administrative action that was taken in response to the task
105 force' s findings and recommendations.
106 (b) Examine the adequacy of current practices regarding the
107 preservation of unmarked and abandoned African-American
108 cemeteries and burial grounds and identify any challenges unique
109 to African-American cemeteries and burial grounds.
110 (c) Identify locations of unmarked and abandoned African-
111 American cemeteries and burial grounds throughout the state and
112 propose strategies, including any proposed legislation, for the
113 preservation and evaluation of such sites .
114 (d) Make recommendations regarding the creation, placement,
115 and maintenance of a memorial at the site of the former Zion
116 Cemetery in Tampa and the location of a site for the reinterment
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117 of any unidentified or unclaimed remains that are retrieved from
118 the former Zion Cemetery site.
119 (5) By March 1, 2021, the task force shall submit a report
120 detailing its findings and recommendations to the Governor, the
121 President of the Senate, the Speaker of the House of
122 Representatives, the Minority Leader of the Senate, and the
123 Minority Leader of the House of Representatives.
124 (6) This section expires July 1, 2021 .
125 Section 2 . (1) (a) Upon receiving consent of the property
126 owners at the former Zion Cemetery site in Tampa, the Department
127 of State shall partner with the University of South Florida to
128 initiate an investigation to determine how many graves remain at
129 the site.
130 (b) Any historical resource, record, archive, artifact,
131 public research, or medical record that is recovered through the
132 course of the investigation by the University of South Florida
133 shall remain in the custody of the university for archiving and
134 preservation until the Department of State requests custody of
135 such resource, record, archive, artifact, public research, or
136 medical record.
137 (c) Any human remains exhumed from the former Zion Cemetery
138 site shall remain in the custody of the university for
139 identification purposes until the remains are returned to the
140 next of kin or reburied pursuant to this act.
141 (2) (a) The Department of State shall contract with the
142 University of South Florida for the identification and location
143 of eligible next of kin of any recovered human remains and the
144 update of information on associated artifacts and materials .
145 (b) No later than January 1, 2021, the University of South
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146 Florida shall provide the Department of State with contact
147 information for the next of kin for each set of human remains
148 which has been returned to a next of kin.
149 (c) For any identification of next of kin occurring on or
150 after January 1, 2021, the University of South Florida must
151 provide location information of the next of kin to the
152 Department of State at least 5 days before returning the human
153 remains to the next of kin.
154 (d) Beginning January 1, 2021, the Department of State must
155 notify the next of kin responsible for a set of human remains
156 about the payment or reimbursement provisions specified in
157 subsection (3) . Such notification must be made within 15
158 business days after the department' s receipt of the location
159 information of the next of kin.
160 (3) The Department of State shall reimburse the next of kin
161 or pay directly to the provider up to $7, 500 for funeral,
162 reinterment, and grave marker expenses for each person whose
163 body was buried at and exhumed, or otherwise recovered, from the
164 former Zion Cemetery site.
165 (a) In order to receive reimbursement, the next of kin must
166 submit to the Department of State receipts for, or documentation
167 of expenses . Reimbursement must be made pursuant to s . 215.422,
168 Florida Statutes.
169 (b) If expenses are to be paid directly to the provider,
170 the funeral home or other similar entity must submit an invoice
171 to the Department of State for the cost of the person' s funeral,
172 reinterment, and grave marker expenses. Payment must be made
173 pursuant to s. 215.422, Florida Statutes.
174 (c) A charitable donation made toward funeral; reinterment,
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175 and grave marker expenses is not eligible for reimbursement.
176 (4) By February 1 2022 the Department of State shall
177 submit a report to the Governor and Cabinet, the President of
178 the Senate and the Speaker of the House of Representatives
179 regarding any payments and reimbursements made pursuant to this
180 section.
181 (5) The Department of State may adopt rules necessary to
182 administer this section.
183 Section 3. For the 2020-2021 fiscal year, the sum of
184 $500 000 in nonrecurring funds is appropriated from the General
185 Revenue Fund to the Department of State for the purpose of
186 implementing this act. of such sum, $50, 000 shall be allocated
187 for the creation placement, and maintenance of a memorial at
188 the site of the former Zion Cemetery in Tampa, and $450, 000
189 shall be allocated to the Bureau of Archaeological Research of
190 the Division of Historical Resources for costs associated with
191 the disinterment and reinterment of any remains retrieved at the
192 former Zion Cemetery site. Any funds remaining unexpended or
193 unencumbered from this appropriation as of July 1, 2021, revert
194 and shall be reappropriated for the same purpose in the 2021-
195 2022 fiscal year.
196 Section 4 . This act shall take effect July 1, 2020.
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Oalclynn Cemetery Aeecciation Inc.
Gwn Tobler
President
LLI Linda Tboroes
Secretary
A SOI C(l3)Nonprofit Organization supporting oakiynn Cemetery
lows DrirelAirpark Road in Edgewater.Florida
We, the undersigned, support the Oaklynn Cemetery Association,
Inc. in their efforts to restore and preserve the Oaklynn Cemetery in
Edgewater, Florida, and support the passage of Florida Senate Bill
220 which will create a commission to help in the efforts to restore
and preserve Black Cemeteries in the State of Florida.
NAME CITY