12-05-2022 - Regular104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
City Council
6:00 PM Council ChambersMonday, December 5, 2022
Immediately following the Special Meeting
1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION
Mayor Depew called the meeting to order at 6:10 p.m.
Mayor Diezel DePew, Councilwoman Charlotte Gillis, Councilwoman Gigi Bennington,
Councilwoman Debbie Dolbow, and Councilman Jonah Powers
Present:5 -
City Attorney Aaron Wolfe, City Manager Glenn Irby, City Clerk Bonnie Zlotnik, and
Assistant to the City Clerk Monique Toupin
Also Present:4 -
2. APPROVAL OF MINUTES
None at this time.
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
a.Proclamation - New Smyrna Beach Girls Volleyball Team
4. CITIZEN COMMENTS
Chuck Martin, 205 Cherrywood Lane, congratulated Mayor DePew, Councilwoman Gillis, and
Councilwoman Dolbow.
Linda Cuthbert, 1810 Red Rock Road, implored Council to contribute to a traffic signal in front of
New Smyrna Beach High School.
Tracy Schaefer, 2830 Sabal Palm Drive, spoke about a Code Enforcement Citation he received.
Calvin Baxter, 2003 Pine Tree Drive, spoke about an abandoned house and car on his street; City
Manager Irby explained that Code Enforcement has a process that at times can be lengthy.
5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA
None at this time.
6. CITY COUNCIL REPORTS
Mayor Depew thanked residents for the opportunity to represent them; he shared that he had
attended the Volusia Manufacturing Award Ceremony held in Daytona and had taken a tour of the
Riverside Conservancy; he looks forward to working with them in the future.
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Councilwoman Gillis thanked residents and stated that she appreciates everyone attending the
meeting as something she had wanted was more community involvement. She reported that she had
signed up for the Citizen's Academy and had attended the Pearl Harbor Remembrance Ceremony; it
had been a beautiful event and she thanked everyone who had a hand in organizing.
Councilwoman Bennington stated that she was honored to be sitting with the new Council and is
looking forward to the next two years.
Councilwoman Dolbow reported that she had been able to tour the Volusia Family Resource Center
and felt as though it was something Edgewater could benefit from, particularly juveniles. It is a full
scale juvenile assessment center that provides high quality youth services for families as well; it has
an open door policy and she encourages people to take the tour.
Councilman Powers congratulated the new Council; acknowledging that running a campaign can be
challenging. He had attended the Southeast Volusia Manufacturing and Technology Coalition fair
that had been hosted at the High School. Councilman Powers thanked Staff for the meeting that had
been held regarding the hurricane response; noting that a lot of work went into it and he appreciated
their work before, during and after the storm.
Councilman Powers addressed the new Council and stated that he felt there needed to be a
conversation on resiliency in the future, perhaps strengthening the Land Development Code and
taking a look at the stormwater requirements. He asked if there was a way to put a moratorium or a
pause on accepting new applications if necessary; Councilman Powers is aware that there are
legalities and would like them researched going forward. Does the City have the legal standing to
impose a stop work order on new developments to improve their stormwater before they continue to
build. Councilwoman Bennington suggested that they plan a visioning workshop where Council is
able to discuss what they want for the City.
7. CONSENT AGENDA
a.Renewal of Lien Search Services contract with Prop Logix, LLC
b.Requesting award and authorization for the City Manager to execute the
contract to Brenntag Mid-South, Inc., for Ammonium Sulfate for the Water
Treatment Facility per terms and Conditions set forth in ITB 23-ES-02.
c.Creation of new position of Combination Building Inspector for the Building
Department
d.Parking Agreement - Christmas Parade - Friendship Community Church
e.Parking Agreement - Christmas Parade - Strada Development
f.Utility Rate Study Services Agreement - Raftelis Financial Consultants, Inc. -
Addendum # 4
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December 5, 2022City Council Meeting Minutes
g.Emergency Debris Hauling - Inclusion of FEMA Regulations
h.Request to cancel RFP 23-ES-01 - CDBG-MIT Grant Administrative Services
for the G2-G11 Canal Improvement Project and instruct staff to reissue the
Request for Proposals with clarified language.
A motion was made by Councilwoman Bennington, second by Councilman Powers, to
approve the Consent Agenda. The MOTION was APPROVED by the following vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
a.2nd Reading - Ordinance No. 2022-O-28 - Land Development Code (LDC) text
amendments to Article IX (Application Procedures)
City Attorney Wolfe read the Ordinance into the record.
Darren Lear, Development Services Director, provided a staff report and recommendation.
Mayor Depew opened and closed the public hearing.
A motion was made by Councilman Powers, second by Councilwoman Dolbow, to
approve Ordinance No. 2022-O-28. The MOTION was APPROVED by the following
vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
b.Resolution No. 2022-R-36; December Amended Budget for Fiscal Year
2022-2023
City Attorney Wolfe read the Resolution into the record.
Bridgette Vaissiere, Finance Director, provided a staff report and recommendation.
Mayor Depew opened the public hearing.
Councilman Powers stated that there were opens PO's that were being brought forward to complete.
Ms. Vaissiere said yes; those were all identified in the prior years budget but because Florida Statute
budget lapses at the end of the fiscal year, those were still open or incomplete projects.
Mayor Depew closed the public hearing.
A motion was made by Councilwoman Bennington, second by Councilman Powers, to
approve Resolution No. 2022-R-36. The MOTION was APPROVED by the following
vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
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9. BOARD APPOINTMENTS
None at this time.
10. OTHER BUSINESS
a.Part-Time Records Clerk
City Manager Irby provided a staff report and recommendation.
Mayor Depew asked for Council Comments.
Councilwoman Bennington received clarification that the position was for the Police Department.
Councilwoman Dolbow asked if opening the position would be an additional cost; City Manager Irby
confirmed it would be as they are creating a new part time position.
Mayor Depew opened and closed the public hearing.
A motion was made by Councilman Powers, second by Councilwoman Dolbow, to
approve the budget amendment and create a part-time Records Clerk position. The
MOTION was APPROVED by the following vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
b.Vernon Priest, requesting approval to remove a 41-inch historic Live Oak Tree
from property located in the Elegant Manor Estates Subdivision.
Darren Lear, Development Services Director, provided a staff report and recommendation.
Councilman Powers asked if the applicant was present; Mr. Lear said he doesn't believe so.
Councilman Powers explained while he doesn't like it, the applicant is ultimately following the law
and is willing to mitigate by compensation that will go into the tree fund.
Councilwoman Bennington agreed with what Councilman Powers said; stating she doesn't see how
they could deny it.
Mayor Depew stated that it seemed to unfortunately be poor planning.
Heidi Embry (Jacobs), 120 Orange Avenue, asked about the types of trees to be replanted and the
reasoning behind the removal of the tree.
Jen Wessler, 2950 Ragis Road, expressed her displeasure over the approval of the removal.
Jennifer Fox, 115 E. Turgot Avenue, asked if the Developer could make it a common area to preserve
the tree. Councilman Powers asked if this was straight zoning; Mr. Irby informed him that this was a
PUD.
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Councilwoman Bennington asked if they were being asked to approve something that they hadn't seen
and that had been pre-planned before they approved the preliminary plat; Mr. Irby explained that a
plan was presented with so many lots on it. Councilman Powers asked if Council had no legal
ground to reopen the PUD as it was already approved; he asked City Attorney Wolfe if denying the
removal would open the City up for legal action. Mr. Wolfe said that he does think it would; the
applicant does have the right to the permit if they are willing to make the payment of $6597.
Councilman Powers said this was something they should look at altering in the Land Development
Code; he would like to strengthen the concerning portion and look at the legal grounds to increase
the cost of that mitigation.
Jim Fox, 115 E. Turgot Avenue, expressed displeasure over the mitigation cost.
Chuck Martin, 205 Cherrywood Lane, stated his opinion on the tree situation in Edgewater.
Councilwoman Gillis asked if it was a City Ordinance or a State law regarding the requirements for
removing trees; she felt as though anyone with enough money could just pay to have any tree
removed. City Attorney Wolfe answered that this was a City Ordinance and City Manager Irby
informed her that the applicant could mitigate by planting trees however on this particular lot, there
isn't enough room for the number of trees required.
Councilwoman Bennington said that if you look at it the way residents are, $6500 is a cheap bill to
pay for another buildable lot; Councilman Powers interjected that they had to look at strengthening
the process and the Code. Councilwoman Bennington agreed and stated that in this case, they almost
have to approve it or they are opening themselves up for a lawsuit.
Debbie Kerr Henry, 231 Hubbell Street, inquired over the reasoning behind the denial leading to a
lawsuit.
Councilman Power asked Darren Lear, Development Services Director, if there was a deadline for a
decision; City Attorney Wolfe answered that there wasn't.
Councilman Powers said that he's willing to take a gamble on denying the request.
A motion was made by Councilman Powers, second by Councilwoman Bennington, to
deny the issuance of a Tree Removal Permit for a 41-inch Live Oak tree located on Lot
#27 of the Elegant Manor Subdivision based on the required payment per section 21-311.
The MOTION was APPROVED by the following vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
c.Dennis Pinkman, requesting approval to remove a 41-inch historic Live Oak
Tree from property located at 2232 Juniper Drive.
Darren Lear, Development Services Director, provided a staff report and recommendation.
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Heidi Jacobs, 120 Orange Avenue, asked about the types of trees required for the mitigation and if
they would be required to be taken care of; she was assured that there is a two year guarantee.
Councilwoman Dolbow asked if they were building a house on the lot; Mr. Irby confirmed.
Councilwoman Gillis stated that according to the diagram, it doesn't seem like the historic tree has to
be removed. Councilman Powers said that they could build a single family residence without
removing the tree; the tree was where they wanted to park an RV.
Mayor Depew closed the public comments.
This item failed due to lack of Motion.
11. OFFICER REPORTS
a.City Clerk
City Clerk Zlotnik reminded Council that the Volusia League of Cities dinner is Thursday at 8 for
those who plan on attending; the Holiday breakfast is on Wednesday and the Christmas parade is
Saturday the 10th. She informed Council that she will attempt to get the new Council photos done
prior to the next Council meeting and she will hopefully have options for shirts for them as well.
b.City Attorney
City Attorney Wolfe updated Council on the only pending case against the City relating to Code
Enforcement action where the plaintiff claims his constitutional rights were violated.
c.City Manager
City Manager Irby informed Council that they would like to extend the Resolution that allows
residents to fix hurricane related damages to their property without pulling a permit for an
additional 60 days.
Councilwoman Dolbow expressed her favor for extending the deadline; Council agreed.
A motion was made by Councilwoman Dolbow, second by Councilwoman Gillis, to
extend 60-days for building permit fees for hurricane Ian damage. The MOTION was
APPROVED by the following vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman
Dolbow and Councilman Powers
5 -
12. CITIZEN COMMENTS
Jim Fox 115 E. Turgot, spoke about lawsuits and the commercial property adjacent to his.
Jen Wessler, 2950 Ragis Road, congratulated Council for denying the tree removal permits.
Chuck Martin, 205 Cherrywood Lane, spoke about lawsuits, the City Attorney and the subdivision
down from public works.
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Calvin Baxter, 2003 Pine Tree Drive, asked about the development process and if citizens have a say
or vote in the process.
Cindy Hannock, 3131 Victor Palm Drive; asked about the part time Records Clerk position.
Heidi Jacobs, 120 Orange Avenue, had a list of questions.
13. ADJOURN
There being no further business to discuss, Mayor Depew adjourned the meeting at 7:20 pm.
Minutes respectfully submitted by:
Monique Toupin, Assistant to the City Clerk.
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