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06-01-2020 - Regular City of Edgewater 104N.Riverside Drive Edgewater,FL 32132 EDGEWATE1. IZ Meeting Minutes City Council Monday,June 1,2020 6:00 PM CouncilChambers 1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Present: 5- Mayor Mike Thomas,Councilwoman Christine Power,Councilwoman Kimberly Yaney, Councilwoman Megan O'Keefe,and Vice Mayor Gary Conroy Also Present: 3 - City Attorney Aaron Wolfe,City Clerk/Paralegal Robin Matusick CMC,and City Manager Glenn Irby 2. APPROVAL OF MINUTES-None at this time 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a• Presentation by Kristine Cunningham, Chair of the Port Orange Environmental Advisory Committee Kristine Cunningham, Chair of the Port Orange Environmental Advisory Committee gave a presentation and after discussion with Council, it was determined to bring back a resolution to create a board with 5 members for the City of Edgewater. 4. CITIZEN COMMENTS Eric Rainbird, 118 San Remo Drive, Edgewater - supports the creation of an environmental committee. Stated he served on the Charter Review Committee and that by unanimous vote the committee wanted protection for the waterway, last meeting it was voted down by a 4-1 vote wants to make sure to protect our waters. Also spoke about sitting on the Planning & Zoning Board and discussed approval of the marina. Mayor Thomas responded that we have no jurisdiction past the shoreline, there are 10 other agencies that have jurisdiction and protect the waterways. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA-None at this time 6. CITY COUNCIL REPORTS Councilwoman Power - come back to me Councilwoman Yaney - wanted to share an idea, thought about land here in the City of Edgewater and would like to have a community garden, good for the environment, community and residents. Councilwoman O'Keefe - likes Councilwoman Yaney's idea for a community garden. Wanted to add that on Friday for full disclosure, she spoke by conference call with Attorney Joshua Wells regarding Elegant Manor Estates. City of Edg—ater Page 1 Printed on 611712020 City Council Meeting Minutes June 1 2020 Vice Mayor Conroy - wanted to know who would be getting the bountiful harvest from the community garden, Councilwoman Yaney responded, members of the community and those that work in it,food bank. Mayor Thomas - wants to thank Kelli McGee of Riverside Conservancy for making a living reef off of Veterans Park, just fantastic. Upsetting call about terminating the city manager, wants to let everyone know about a coup out there trying to undermine this government, tired of it. Tracey Barlow was one of the finest city managers in this county if not the best, we have to march forward. 7. CONSENT AGENDA Councilwoman Yaney requested to pull Item 7c from the Consent Agenda for further discussion. A motion was made by Vice Mayor Conroy, second by Councilwoman Yaney, to approve the Consent Agenda for Items 7a, 7b and 7d. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor Conroy a. Parking Agreement 2020 - Edgewater-New Smyrna Cemetery (StoneMor) b. Superion, LLC Agreement Renewal C. Granicus Agreement Renewal d. Authorization to Dispose of Surplus Asset and Non-Asset Items Item 7c-Councilwoman Yaney felt that our system is antiquated and feels we should be going out for bid on this type of programming. She also felt that it would be beneficial if something is coming up like this, she would like to have items given to them at least a month in advance for review. iCompass looked far more superior than what we have now. Councilwoman Power made note that this could be not specifically Granicus that is lagging, it could actually be the cameras and our system that we currently have being out of date. A motion was made by Councilwoman Yaney, second by Vice Mayor Conroy,to approve putting the Granicus agreement renewal out for bid and Councilwoman Yaney would like iCompass to be one of them that we look at. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor Conroy 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS City of Edgewater Page 2 Printed on 611712020 City Council Meeting Minutes June 1, 2020 a• Second Reading- Ordinance No. 2020-0-04- Proposed Charter Ballot Language City Attorney Wolfe read Ordinance 2020-0-04 into the record. City Manager Irby made staff presentation. Mayor Thomas opened and closed the public hearing. Councilwoman Yaney thanked the Committee for the work they did, she wanted to go on record for saying that she recommended every recommendation that you made however, I was outvoted. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Ordinance No. 2020-0-04. The MOTION was APPROVED by the following vote: Yes: 4- Mayor Thomas,Councilwoman Power,Councilwoman O'Keefe and Vice Mayor Conroy No: 1 - Councilwoman Yaney b. 2nd Reading - Ordinance No. 2020-0-06; The City of Edgewater requesting an amendment to the Comprehensive Plan Capital improvements Element (CIE) and the Capital Improvement Program (CIP) City Attorney Wolfe read Ordinance 2020-0-06 into the record. City Manager Irby made staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Ordinance No. 2020-0-06. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor Conroy C. Second Reading Ordinance 2020-0-16 Chapter 12 Offense Section 12-2 Trespassing City Attorney Wo fe read Ordinance 2020-0-16 into the record. City Manager Irby made staff presentation. Mayor Thomas opened and closed the public hearing. Mayor made comments about having some 'punks" at Whistle Stop Park that evidently don't have any parental supervision and they try to take over the park, we are not going to let that happen. That is a beautiful park, most of the people go to enjoy it and we are going to run out the undesirables. A motion was made by Vice Mayor Conroy, second by Councilwoman Power, to approve City of Edgewater Page 3 Printed on 611712020 City Council Meeting Minutes June 1, 2020 Ordinance No. 2020-0-16. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor Conroy d. Resolution 2020-R-02 Affirmative Action and Equal Employment Opportunity City Attorney Wolfe read Resolution 2020-R-02 into the record. City Manager Irby made staff presentation. Mayor Thomas opened and closed the public hearing. Vice Mayor Conroy asked when you say minority owned businesses, do they get extra points when they try to get a project? City Manager responded no, you have to make it known to the company that will doing the work that they have to abide by these rules - no extra points, however the people that bid on these particular jobs already know these rules. If a contractor or sub is looked over, it would be hard to get another grant. A motion was made by Councilwoman Power, second by Councilwoman Yaney, to approve Resolution No. 2020-R-02. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor Conroy e. Resolution 2020-11-03 Prohibition on the Excessive Use of Force City Attorney Wolfe read Resolution 2020-R-03 into the record. City Manager Irby made staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Vice Mayor Conroy, second by Councilwoman Power, to approve Resolution No. 2020-R-03. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor Conroy f. Resolution 2020-R-04 Displacement and Relocation Policy City Attorney Wolfe read Resolution 2020-R-04 into the record. City Manager Irby made staff presentation. Mayor Thomas opened and closed the public hearing. Councilwoman Power stated that once this is enacted, it will be forever. A motion was made by Councilwoman Yaney, second by Vice Mayor Conroy, to approve City of Edgewater Page 4 Printed on 611712010 City Council Meeting Minutes June 1, 2020 Resolution No. 2020-R-04.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor Conroy g. Resolution 2020-R-05 CDBG Citizen Participation Plan City Attorney Wolfe read Resolution 2020-R-05 into the record. City Manager Irby made staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Yaney, to approve Resolution No. 2020-R-05. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor Conroy h. Resolution 2020-R-06 CDBG Procurement Policy City Attorney Wolfe read Resolution 2020-R-06 into the record. City Manager Irby made staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Vice Mayor Conroy, to approve Resolution No. 2020-R-06. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor Conroy i. Resolution 2020-R-07 CDBG Complaint and Grievance Procedure City Attorney Wolfe read Resolution 2020-R-07 into the record. City Manager Irby made staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Vice Mayor Conroy, second by Councilwoman Power, to approve Resolution No. 2020-R-07. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor Conroy j. Resolution No. 2020-R-16 Approval and Execution of the Florida Department of Transportation State Highway Lighting, Maintenance and Compensation Agreement City Attorney Wolfe read Resolution 2020-R-16 into the record. City of Edgewater Page 5 Printed on 611712020 City Council Meeting Minutes June 1, 2020 City Manager Irby made staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Vice Mayor Conroy, second by Councilwoman Power, to approve Resolution No. 2020-R-16.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor Conroy 9. BOARD APPOINTMENTS -None at this time 10. OTHER BUSINESS a• ZA-2002 - Vincent Alison requesting an amendment to the Elegant Manor Estates PUD (Planned Unit Development) Agreement and authorization for the Mayor to execute the Agreement. City Manager introduced Darren Lear, Director of Development Services for the staff report. This property is known as Elegant Manor Estates PUD Agreement located west of Silver Palm Drive south of Air Park Road, approximately 27.69 acres; Future Land Use is Low Density Residential with Conservation Overlay; zoning is the RPUD Agreement. Property was annexed into City in 2003, PUD Agreement was approved in April 2007, however the property was never developed and still remains vacant. Director Lear provided an explanation on the differences contained in the RPUD Agreement and the amendment. Councilwoman Power, Vice Mayor Conroy, Mayor Thomas stated that she met with Attorney Joshua Wells to discuss this project, Councilwoman O'Keefe stated she had a conference call with them; Councilwoman Yaney did not meet. Councilwoman Yaney wanted Director Lear to list what was different in this PUD versus what would be straight zoning of our current code - Director Lear stated maximum building coverage and impervious coverage are different. Councilwoman Yaney wanted to know what the differences are, Director Lear stated 30 and 60 percent he believes. He further stated that we do not address model homes in the Land Development Code, these are some of them since he didn't have a specific listing. Councilwoman Yaney wants a listing in the future. Councilwoman Power stated that we have a PUD for a lot of these developments because the Land Development Code is either not updated for some of it, Director Lear provided that your Land Development Code has a lot that is based on Florida Shores and a lot of it came from about 25 - 30 years ago, everyone copied what Volusia County adopted, there are obviously changes through that; you are permitted PUD Agreements in the Code, it gives you flexibility as it is a contract between the developer and the City that you negotiate where both sides win. Councilwoman Yaney also wants to see what we are getting in the agreements. Director Lear stated that we are getting more trees per lot, bigger sidewalks with some of the others, buffers, etc. City of Edgewater Page 6 Printed on 611712020 City Council Meeting Minutes June 1, 2020 Mayor Thomas stated that he likes that it is 80 foot lots and the 4 way stop. Vice Mayor Conroy stated that there is 54 homes in the project with III homes to the north, everybody will go the back way with a traffic problem, the traffic study will be really important. A motion was made by Vice Mayor Conroy, second by Councilwoman Power, to approve ZA-2002. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor Conroy b• FP-2002 - Anand Jobalia, requesting Final Plat approval for Phases 1 and 2 of the Glenbrooke Subdivision. Mayor Thomas read the item into the record. Darren Lear, Development Services Director gave the staff report. This property is at the southeast corner of SR 442 and Air Park Road, approximately 60 acres for Final Plat. There are 200 single family residential lots (Phase I is 92 and Phase 2 is 108) that are 50' wide lots. Future Land Use Designation is Low Density Residential and it is RPUD. Property was annexed into the City in September 2018. Planning and Zoning Board approved on May 13, 2020. Mayor Thomas asked if he was talking about the old horse farm, Darren confirmed. Mayor Thomas stated that what he has seen looks good. A motion was made by Vice Mayor Conroy, second by Councilwoman Power, to approve FP-2002 Final Plat. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor Conroy C. FP-2001 - Old Mission Key, LLC, requesting final plat approval for Oak Leaf Preserve, Phase 1. Mayor Thomas read the item into the record. Darren Lear, Development Services Director gave the staff report. Property is east of Old Mission Road and north of Massey Road, south and east of Mission Oaks Mobile Home Park. This is Final Plat approval for the first phase of this project, 375 lots total but the first phase is for 77 lots, Future Land Use Designation is Low Density Residential with Conservation Overlay and Conservation and has a PUD zoning agreement as well. The PUD Agreement was approved by City Council in June 2018, Planning and Zoning Board approved May 2020. Mayor Thomas asked about number of lots and amount of green space. Parker Mynchengberg, 1729 Ridgewood Avenue, Developer Representative - most of the property is out of the 100 year flood plain, the portion being developed within the flood plain we have received a City of Edgewater Page 7 Printed on 611712020 City Council Meeting Minutes June 1, 2020 conditional LOMAR F from FEMA and are in process for Phase 1 of doing an as built that shows where we have elevated those lots and then will convert that into a LOMAR (a letter of map amendment) so there will be no lots within the flood plain. Vice Mayor Conroy had question for Darren - wanted to know if there had been any issues with the developer doing anything without permits, etc. Darren stated that there was a complaint from a citizen and St. Johns checked it and found no issues. All permits are being followed. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve FP-2001. The MOTION was APPROVED by the following vote: Yes: 3- Councilwoman Power,Councilwoman Yaney and Councilwoman O'Keefe No: 2- Mayor Thomas and Vice Mayor Conroy d. Mark A. Watts requesting a motion for reconsideration of the Oakwood Cove Second Amended and Restated PUD (Planned Unit Development) Agreement (ZA-2001). Mayor Thomas read the item into the record. Darren Lear, Director of Development Services gave staff report. Director Lear stated that they are requesting a motion for reconsideration which means that it would come back to you for consideration at the next hearing. During the May meeting, it was voted to deny the request to amend the PUD Agreement and subsequently the applicant met with City Staff and several Council members. Mayor Thomas, Councilwoman Power, Councilwoman Yaney and Vice Mayor Conroy stated for record that they met with Attorney Mark Watts on this matter. Councilwoman O'Keefe met via a conference call. City Attorney Wolfe stated that the motion would need to be by a councilperson that was on the winning side. Councilwoman Yaney stated that she thought once something was declined it was not typically brought back. City Attorney Wolfe stated that the meeting policy provides for this, it states that if a motion has either been adopted or defeated during a meeting only a member who voted on the winning side can have the vote reconsidered, such member on the winning side may make a motion for reconsideration. Councilwoman Yaney asked the differences between the PUD and straight zoning and differences between this PUD and previous one. Director Lear explained that it was going to be trailers at one point, mobile home park and it has been changed to be built homes. Main issue was the impervious coverage and we negotiated some other items for the benefit of the City like sidewalks, trees. Attorney Mark Watts with Cobb and Cole of DeLand, explained to Councilwoman Yaney that if you give a favorable consideration now, when this comes in July is when we would go through those City of Edgewater Page 8 Printed on 611712020 City Council Meeting Minutes June 1 2020 items, what we are doing is modernizing the PUD since when it was initially approved, 60% of the property is going into conservation with the wetlands being preserved. He stated that he thinks this improves the existing PUD. Mayor Thomas discussed the conservation area. A motion was made by Councilwoman Yaney, second by Councilwoman Power, to approve reconsideration of the Oakwood Cove development at our July 6, 2020 meeting. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor Conroy e. SD-2001 - Stefan Hoyer requesting preliminary plat approval for the Oakwood Cove subdivision. Mayor Thomas read item into the record. Darren Lear, Director of Development Services gave a staff report. Oakwood Cove Subdivision Preliminary Plat for approximately 110 acres with 110 single family residential lots, Future Land Use is Medium Density Residential with Conservation Overlay and Conservation and this does have the PUD Agreement associated with it. Planning and Zoning Board approved the Preliminary Plat during their May 13th meeting. Mayor Thomas stated that in future, he would like to see how much green space will be left. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve SD-2001. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Vice Mayor Conroy 11. OFFICER REPORTS a. City Clerk Just wanted to remind you that you have a Budget Workshop scheduled for Tuesday, July 9, 2020 at 4:00 pm. Councilwoman Power stated that she would be out of town for this workshop. b. City Attorney Litigation update - last meeting I had mentioned that an appeal had been filed on a pig that a homeowner had which was in violation of the city ordinances, it went in front of the Special Magistrate and the homeowner requested a reasonable accommodation of the Fair Housing Act, ADA and Rehabilitation Act. Special Magistrate ruled against the homeowner in favor of the city which they then filed an appeal to the Circuit Court. On May 18th I filed a response brief to that appeal and the next day, the Circuit Court denied the petition so the City won the appeal. The appellant does have the right to go to next higher court which would be the Fifth District Court of Appeals but I would be surprised if they go to those lengths but they have until June 18th. Edgewater Fire Association litigation - discovery is continuing and on June 16th Tracey Barlow and City of Edgewater Page 9 Printed on 611712020 City Council Meeting Minutes June 1 2020 Ken Hooper will be deposed by the plaintiffs attorney as they were the Fire Chief and City Manager at the time these contracts were entered into so they are key witnesses. Marina litigation - filed a Motion for Summary Judgment to try to win the case before trial and have set the hearing for August 28th, meanwhile discovery continues and Ken Hooper is being deposed on June 24th. Schaefer slip and fall on sidewalk - as mentioned earlier the sidewalk was owned, controlled and maintained by DOT and not the City so 1 have moved to dismiss the complaint and that hearing is on June 10th. I also had to move to continue the trial since we were added so late, the trial was set for September which would not give us enough time to prepare so I have also moved to continue the trial which is also set for a June loth hearing. c. City Manager Staff needs direction from Council on utility bills, late fees, penalties and that. It has been a while since we have charged those, they are basically forgiven but we are running a tab on unpaid accounts and we need to get that started again. We have statistics tonight, Bridgette will be glad to share those but we need direction on what you would like us to do. Bridgette Vaissiere, Finance Director informed Council that at this time we have waived $118,143.78 late fees waived to date (fees forgiven), consensus was to waive through one more billing cycle so we are estimating approximately $142,990 in total. A lot of the other cities are moving forward with charging late fees and starting shut offs again, some are offering a payment plan. It is Staffs recommendation that we move forward again in July with shut offs and charging the late fees. The lost revenue is not covered by anything, the Cares Act specifically stated not for lost revenue. Councilman Conroy asked about shut offs - upward of 659 shutoffs and we are asking that those contact us for information on assistance. Councilwoman Yaney asked about percentages and if the loss is covered by our insurance. The next shut off would be July 7th which would be for the bills that just went out on May 28th. Councilwoman Power wanted to mention the Commercial Space Industry Opportunity Overlay that is coming up with the County Council tomorrow, I am planning on going in support of it. We have partnered since 2016 with the Chamber of Commerce to recruit space companies. Mayor Thomas brought up the opening of city offices, after discussion by City Manager it was determined to wait until after the last phase in July prior to reopening. Mayor Thomas also mentioned the 2 garbage pickups per week, City Manager stated this was going to be discussed during the Workshop on Tuesday. Mayor Thomas asked Vice Mayor Conroy to give update on Mayors conference call on the COVID- 19 situation - every Thursday at 11:00 am the Mayors have a zoom meeting, there are a lot of good ideas/information that are shared, it has been very helpful and we are all doing it together. Holly Hill sent communication to the Governor in support of opening bars. City of Edgewater Page 10 Printed on 611712020 City Council Meeting Minutes June 1, 2020 12. CITIZEN COMMENTS No comments were submitted by Citizens, however Councilwoman Yaney brought up something she was interested that she found on FaceBook "Keep It Local Campaign", I am, I go, I support local for businesses. After discussion, City Manager stated he would be checking on it tomorrow. 13. ADJOURN Adjourned at 8:33 pm Minutes submitted by: Robin L. Matusick, CMC City Clerk/Paralegal ATTEST.- Lh OV r vsl Robin Matusick, CMC ° . mas City Clerk/Paralegal City of Edgewater Page 11 Printed on 611712020