City Council

104 N. Riverside Drive Edgewater, FL 32132 City of Edgewater Meeting Minutes City Council Mike Thomas, Mayor Christine Power, District 1 Gigi Bennington, District 2 Megan O'Keefe, District 3 Jonah Powers, District 4 6:00 PM Council ChambersMonday, November 1, 2021 1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Mayor Mike Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilwoman Megan O'Keefe, and Councilman Jonah Powers Present: 5 - City Manager Glenn Irby, City Attorney Aaron Wolfe, and City Clerk Bonnie ZlotnikAlso Present: 3 - 2. APPROVAL OF MINUTES None at this time. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. Ken Parker, on behalf of FCCMA, presentation of Certificates to City Manager Irby and City Council in recognition of operating as a Council-Manager form of government for 30 years. 4. CITIZEN COMMENTS Elizabeth Labiak, 2005 S. Riverside Drive, the owner of Riverview Landings, informed Council that along with her residents, she had been experiencing harassment day and night from a vagrant who travels via boat. They have tried to get Police involved in the past in an attempt to solve the issue but it is ongoing. She cited an event that had happened earlier that day involving her son and the man where her son was verbally threatened. Mayor Thomas clarified that the property in question was next to the marina, asking if it were possible to contact Mr. Kowalski in regards to a trespassing warrant; Mr. Irby confirmed that they could. Jay Jackson, 2013 S. Riverside Drive, expressed his concern over the same man. The transient lives in an abandoned boat and constantly harasses boaters and residents with obscene language and violent acts. They have worked with the Sheriff's department and the Police Department but the problem has yet to be resolved. Mr. Jackson acknowledged witnessing the event between Ms. Labiak's son and the transient, confirming that it was indeed threatening. Mayor Thomas reiterated his suggestion to contact Mr. Kowalski, Mr. Irby stated that they would. Councilwoman O'Keefe asked who had jurisdiction in the water. Joe Mahoney, Chief of Police, answered that he would like to get with the residents to discuss the issue before they left. He Page 1City of Edgewater Printed on 4/8/2022

November 1, 2021City Council Meeting Minutes confirmed that they have had issues with transients on the water and were being proactive in trying to solve them; it gets complicated due to jurisdictional issues but they were working with FWC to obtain a mutual aid agreement so it would be possible to enforce the entire waterway. Ashton Sigler, 725 W. Canal Street, thanked all who had attended the Smart Growth Summit put on by the New Smyrna Beach Board of Realtors, stating that it was a success. She also gave Council a copy of a newspaper put together with their National Association. Councilwoman Power stated that it was a very informative event. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA None at this time. 6. CITY COUNCIL REPORTS Councilwoman Power reported that she had gone to the Smart Growth Summit, describing it as well attended. It was mostly realtors and event planners but she saw Mr. Storch there as well. Low impact development and growth were topics of discussion, including eye opening figures over the cost of rent. She expressed the need for quality, affordable housing. Councilwoman Power additionally relayed that she had TPO coming up and an event on the 9th at the college for Veterans Day. Councilwoman Bennington had nothing at this time. Councilwoman O'Keefe reported that residents had reached out recently over the issue of chickens in Edgewater; Councilwoman Bennington suggested discussing that at the next meeting. Councilman Powers reported that along with the Smart Growth Summit at the beginning of the month, he had Team Volusia at the end of the week. Mayor Thomas stated that he was on the committee of a Smart Growth Summit for 4 years, an experience he learned a lot from. Mayor Thomas shared a recent phone call he had received from a resident involving concerns over drainage and a visit he had made to the residents home. Mayor Thomas asked Brenda Dewees, Environment Services Director, if a problem with the lift station at Coral Trace had been resolved but the reply was inaudible. 7. CONSENT AGENDA a. Event License Parking Agreement - Friendship Baptist Church b. Utility Rate Study Services Agreement - Raftelis Financial Consultants, Inc. - Addendum #3 c. Request to waive City Ordinance - Chapter 12.5, Sec. 12.5-1 (a) (1), Activities prohibited in parks; enforcement, for a one-time event. Page 2City of Edgewater Printed on 4/8/2022

November 1, 2021City Council Meeting Minutes d. Recommendation that Council approve the award and authorization for the City Manager to execute the contract for the Reclaimed Water Main Extension to Meadow Lake and Woodbridge Subdivisions project to ThadCon Inc. in the amount of $474,196 (ITB 21-ES-13) e. Recommendation that Council approve the award and authorize the City Manager to enter into agreements with the top three ranked firms for Emergency Debris Hauling and Disposal (RFP 21-ES-16) on an as needed basis, pending declaration of a Major Event (local disaster) impacting the City. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to approve the Consent Agenda. The MOTION was APPROVED by the following vote: Yes: Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2nd Reading - Ordinance No. 2021-O-33 - Paige DeGrammont, requesting annexation of .24± acres of land located at 3501 Rock Oak Trail City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to approve Ordinance No. 2021-O-33. The MOTION was APPROVED by the following vote: Yes: Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - b. 2nd Reading - Ordinance No. 2021-O-34 - Paige DeGrammont, requesting an amendment to the Comprehensive Plan Future Land Use Map to include property located at 3501 Rock Oak Trail as Low Density Residential City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to approve Ordinance No. 2021-O-34. The MOTION was APPROVED by the following vote: Yes: Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - Page 3City of Edgewater Printed on 4/8/2022

November 1, 2021City Council Meeting Minutes c. 2nd Reading - Ordinance No. 2021-O-35 - Paige DeGrammont, requesting an amendment to the Official Zoning Map to include .24± acres of land located at 3501 Rock Oak Trail as R-3 (Single Family Residential) City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to approve Ordinance No. 2021-O-35. The MOTION was APPROVED by the following vote: Yes: Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - d. 2nd Reading - Ordinance No. 2021-O-42 - Charles Lynch Jr. requesting annexation of .32± acres of land located at 155 N. Cory Drive City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Services Director, provided a staff report and recommendation. Mayor Thomas opened the public hearing. Councilwoman Powers commented that she was aware there were no sewer lines to the properties but it is something she would like to see in the future; however she knows that some of the residents of the neighborhood would probably never annex because they would rather have septic instead of sewer. Mayor Thomas asked Brenda Dewees, Environmental Services Director, if it were possible to run sewer lines in Corey Estates. Ms. Dewees answered that it was indeed possible but it would entail putting in a lift station, getting a gravity sewer, digging up the roads or doing a low pressure system Mayor Thomas asked how many people have annexed and how many people had chosen not to. Staff and Council estimated that there were six or seven currently annexed but that the majority were not. Mayor Thomas asked Ms. Dewees about the amount of septic tanks still in the City; Ms. Dewees responded that in city limits there are about 200-300 hundred left but the utility service area that extends out to Boston Whaler has around 2,000-3,000. Councilwoman Bennington was surprised to hear that there were still so many septic tanks in the City after the Capital Improvement Project, Ms. Dewees said that there were pockets throughout the City. Mayor Thomas mentioned that he thought he was told there was 185 septic tanks left. Mayor Thomas closed the public hearing. Page 4City of Edgewater Printed on 4/8/2022

November 1, 2021City Council Meeting Minutes A motion was made by Councilwoman O'Keefe, second by Councilman Powers, to approve Ordinance No. 2021-O-42. The MOTION was APPROVED by the following vote: Yes: Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - e. 2nd Reading - Ordinance No. 2021-O-43 - Charles Lynch Jr., requesting an amendment to the Future Land Use Map to include .32± acres of land located at 155 N. Cory Drive as Low Density Residential. City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Services Director, provided a staff report and recommendation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilwoman Bennington, to approve Ordinance No. 2021-O-43. The MOTION was APPROVED by the following vote: Yes: Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - f. 2nd Reading - Ordinance No. 2021-O-44 - Charles Lynch Jr, requesting an amendment to the Official Zoning Map to include .32± acres of land located at 155 N. Cory Drive as R-3 (Single Family Residential). City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Services Director, provided a staff report and recommendation. Mayor Thomas opened and closed the public hearing. Councilwoman Powers mentioned that there were 10 properties currently annexed. A motion was made by Councilwoman O'Keefe, second by Councilman Powers, to approve Ordinance No. 2021-O-44. The MOTION was APPROVED by the following vote: Yes: Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - g. Resolution 2021-R-32 Supporting the Implementation of a Southeast Volusia Regional Economic Development Strategy with New Smyrna Beach and Oak Hill City Attorney Wolfe read the Resolution into the record. City Manager Irby provided a staff report and recommendation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Powers, to approve Resolution No. 2021-R-32. The MOTION was APPROVED by the following vote: Page 5City of Edgewater Printed on 4/8/2022

November 1, 2021City Council Meeting Minutes Yes: Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - 9. BOARD APPOINTMENTS a. Planning & Zoning Board - Councilwoman Bennington’s appointment due to the expired term of Albert Amalfitano, who is seeking reappointment. City Attorney Wolfe advised that one of the applicants, Donald Bennington, could not be selected as his relationship to one of the Council members would be a Code of Ethics violation; citing Statute 112.3135. Councilwoman O'Keefe asked if Mr. Amalfitano still lived in Edgewater; Councilwoman Power said that she hadn't seen his application. City Clerk Brown informed them that Mr. Amalfitano was already on the board, confirming with Mr. Lear that it had been verbally expressed that he would like to be reappointed. A motion was made by Councilwoman Bennington, second by Councilwoman O'Keefe, to approve reappoint Albert Amalfitano. The MOTION was APPROVED by the following vote: Yes: Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - 10. OTHER BUSINESS a. Request from East Coast Independence Baseball Club for a discounted rate to use the Baseball Fields at Hawks Park Baseball Complex Mr. Irby provided a staff report. Councilwoman Power said she was happy with it and appreciated that they weren't asking for the fee to be completely waived, Mayor Thomas agreed as this meant the parks would be used. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to approve the request from East Coast Independence Baseball Club for a discounted rate to use the Baseball Fields at Hawks Park Baseball Complex. The MOTION was APPROVED by the following vote: Yes: Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - b. RRFB Signs for 30th Street Crosswalks Mr. Irby provided a staff report. Councilwoman O'Keefe stated that she thought it was in the best interest of children to find the Page 6City of Edgewater Printed on 4/8/2022

November 1, 2021City Council Meeting Minutes money to install the signs for the 30th street crosswalks. Mr. Irby stated that the only other issue is with the supply chain; the City would try to get the signs to the streets as soon as possible but it was hard to tell when exactly that would be. Councilwoman Power agreed with Councilwoman O'Keefe, during her deliveries she had noticed people and kids crossing in the evening; Councilwoman O'Keefe agreed, it was only a matter of time before someone got hit. 11. OFFICER REPORTS a. City Clerk Ms. Brown passed out the proposed Council meeting schedule for 2022, requesting Council let her know if there were any issues. She reported that the tentatively scheduled special meeting for November 14th had been canceled. Mayor Thomas asked if there was a meeting the following week on November 8th; Ms. Brown answered that it was a workshop regarding the salary and compensation study that was indeed on the 8th of November. Ms. Brown reminded Council to provide her with the name of whom they would like to nominate to the redistricting committee. Councilwoman Power asked if their nominee had to reside in their district, Ms. Brown said it would be preferred. Ms. Brown reported that Glen Storch would like to have a meeting on December 13th at 6 p.m. for discussion regarding the new City Hall and requested Councils availability. b. City Attorney City Attorney Wolfe reported that the City had won the Fire Association Litigation and he had filed a motion to tax cost that was set for a hearing on December 14th. In relation to the new case filed by Mr. Ingles against the City alleging malicious prosecution in connection with a Code Enforcement case, Mr. Wolfe filed a motion to dismiss and it was now set for a hearing on December 29th. c. City Manager Mr. Irby brought up the Visioning Session that the City had engaged with UCF to do. He informed Council that the director of UCF's institute of Government is no longer in that position and that no one has been hired to take her place. The former director did state that she would be willing to step in and help when her replacement was hired but there was no telling when that would be. The City has to decide whether or not they would like to wait on UCF or go with other, possibly more expensive, avenues. Councilwoman Bennington asked if the Volusia League of Cities offered a program. Councilman Powers clarified that there were other institutes that would do it just as comprehensively; just at more of a cost. Mr. Irby expressed doubt that any of them would do it as Page 7City of Edgewater Printed on 4/8/2022

November 1, 2021City Council Meeting Minutes cheap as UCF. When prompted by Councilwoman Bennington over his suggestion; Mr. Irby stated that he personally would like to wait on UCF because they do offer a good program. Councilwoman Power asked what would be involved in trying to find out what other companies charge or what else is out there, that way they would know for sure what they are working with. Mr. Irby said he could make some phone calls to find out just incase he was mistaken. Councilwoman Power asked who had gone through a visioning process in the previous 10 years; Mr. Irby confirmed that he had been through one with a private company that had cost well over $100,000. Councilwoman O'Keefe asked where that had been, Mr. Irby stated Apopka; Councilwoman Power pointed out that Apopka is a bigger city. Mr. Irby said he could reach out to the private company and his contacts to get some possible leads on other avenues to use. Councilwoman Power mentioned that they had found through the TPO and the director search that there are people who have dealt with SGR and they can give feedback. Councilwoman Bennington added that with election season coming up, it would be beneficial to get it quickly. Mr. Irby reported that they had gone on a field trip to view portable classrooms to possibly turn into the City Clerks village. Jason O'Keefe and another employee from Environmental Services had gone as well and believe that both portables can be converted for around $20,000. The drawback is that neither of them have restrooms but he was assured by Mr. O'Keefe that it was a fixable problem. Both portables do have air conditioning and are free of charge if the Council agrees to accept them when the time comes. Currently they are waiting for confirmation in writing from the school for the donation. Further discussion ensued over the different ways to design the portables, the time frame, and the possibility of getting additional ones for the recreation department, the ball field and maybe even the animal shelter. Councilwoman O'Keefe asked what would be done with the portables once the City was finished with them; Mr. Irby said that they could either put them in dumpsters, repurpose them for other City sites, or possibly sell them. Mayor Thomas asked for a rundown of the trunk or treat; asking how many people and vendors attended. Mr. Irby said that there were a couple thousand people that attended, the vendors were all happy and that it went well. There was a reported civilian injury that they are looking into. 12. CITIZEN COMMENTS None at this time. 14. ADJOURN There being no further business to discuss, Mayor Thomas adjourned the meeting at 6:58 pm Minutes submitted by: Monique Toupin, Assistant to the City Clerk Page 8City of Edgewater Printed on 4/8/2022