01-09-2023 - Regular104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
City Council
6:00 PM Council ChambersMonday, January 9, 2023
Immediately following the CRA Meeting
1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION
Mayor Depew called the meeting to order at 6:10 pm.
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, and City Clerk Bonnie ZlotnikAlso Present:3 -
2. APPROVAL OF MINUTES
None at this time.
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
a.Presentation to Holiday Light Decorating Contest Winners
b.Presentation to Christmas Parade Winners
4. CITIZEN COMMENTS
Glen Powers, 2628 Yule Tree Drive, spoke about the Wreaths Across America Ceremony and about
community involvement with local government.
Jennifer Fox, 115 E. Turgot Avenue, requested a meeting with Mayor Depew and City Manager Irby
regarding a business adjacent to her home.
Kelly Mcgee, Executive Director of Riverside Conservancy, spoke about their organization and it's
relationship with Edgewater.
Chuck Martin, 205 Cherrywood Lane, spoke about Mayor Depew and his response to the recent
flooding; he praised Parks and Recreation on their work and shared his opinion on the Public Works
Department.
Linda Cuthbert, 1810 Red Rock Road, spoke briefly about the traffic signal in front of the New
Smyrna Beach High School but was asked to refrain as it is an agenda item.
James Collier, 3033 Silver Palm Drive, spoke about an Ordinance regarding hurricane shutters, Air
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January 9, 2023City Council Meeting Minutes
B&B's, and paving in Florida Shores.
Donna McDavid, 1201 Bond Street, spoke of letters she had written to the City going
unacknowledged and her dissatisfaction of service to her residential area via the City.
Mayor Depew asked City Manager Irby if there was an update regarding Bond Street; Mr. Irby stated
that they were going to be looking at that entire area over the next 30-60 days; he noted that one of
the complaints was the scum on top of the retention ponds and that they had figured out a way to
recirculate the water which should help some.
Allen Rathbun, 131 Highland Avenue, spoke about issues his neighborhood was having with water
mains.
Heidi Jacobs, 120 Orange Avenue, expressed her excitement for the upcoming Earth Day festival;
issues with native plants and what is considered acceptable via the Code of Ordinances.
Mike Mahoney, 1908 Myrtlebrooke Drive, voiced a concern with the color of his water and asked if
the head of the Building Department would be willing to meet with Glenbrooke residents about
concerns regarding the homes being built there.
5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA
None at this time.
6. CITY COUNCIL REPORTS
Councilwoman Gillis reported that she had toured different neighborhoods and had discussed them
with Mr. Irby; she is planning on taking a tour of the wastewater and stormwater plant with
Environmental Services Director Randy Coslow; she had attended the Wreaths Across America
ceremony and thanked Glen Powers for all he had done; she had also attended the Pirates on the
Edge.
Councilwoman Bennington had nothing at this time but wished everyone would have a happy New
Year.
Councilwoman Dolbow had attended the Wreaths Across America ceremony, it had been great; she
questioned if they could look at different Ordinances from neighboring cities regarding signs and
murals for local business to see where Edgewater may be falling short. Mr. Irby assured her that it is
underway.
Councilwoman Bennington stated that she would like to have a meeting between the Planning Board
and Council to go over what a PUD is and what all it encompasses to better prepare the new Council
for the upcoming visioning session and for possible questions from Residents. Mr. Irby said they
would try to work it out.
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Councilman Powers reported that he had attended the Wreaths Across America ceremony.
Mayor Depew reported that he had enjoyed the Holiday breakfast put on for City Employees; he had
participated in the Edgewater Christmas parade and attended the Oak Hill Parade with
Councilwoman Gillis; he had attended three (3) Mayors calls to discuss Hurricanes Ian & Nicole; he
toured several developments in the Edgewater area; he had attended a convention in Windemere; he
toured the wastewater treatment facility and had attended the Volusia Manufacturing Coalition
award ceremony; along with Councilman Powers and Councilwoman Gillis, he had enjoyed the
League of Cities dinner; he had participated in the annual Southeast Chamber of Commerce event
alongside Councilwoman Gillis and City Manager Irby; he had attended the Mayors Roundtable with
City Manager Irby; he had gone to the Pearl Harbor Ceremony with Councilwoman Gillis. Mayor
Depew had the honor of being the MC for the Wreaths Across America ceremony; he had
participated in a local radio show with City Manager Irby and he had attended the Pirates on the
Edge event.
Mayor Depew reported that, as mentioned previously by Councilman Powers, he would also like to
take a closer look at the Land Development Code and he supports a visioning session for Council as
well. He stated that he had heard complaints from small business owners about issues with signage;
citing two businesses off of Park Avenue that were unable to utilize signage based on the current
Code.
7. CONSENT AGENDA
a.Wastewater Treatment Plant Anoxic Zone Mixer Replacement
b.Renewal of Continuing Services Agreement - Auditing and Related Services - James
Moore & Co.
c.Continuing Professional Services Agreement Amendment - Inclusion of FEMA
language
d.Environmental Laboratory Services
e.Corrected Renewal of Lien Search Services contract with Prop Logix, LLC
f.State of Florida Division of Emergency Management and the City of Edgewater grant
deadline extension.
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
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January 9, 2023City Council Meeting Minutes
a.2nd Reading - Ordinance No. 2023-O-01 - Elliot Meadows, requesting annexation
of .30± acres of land located on North Cory Drive
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 Bennington, to
approve Ordinance No. 2023-O-01. The MOTION was APPROVED by the following vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
b.2nd Reading - Ordinance No. 2023-O-02 - Elliot Meadows, requesting an
amendment to the Future Land Use Map to include .30± acres of land located on
North 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 Depew opened and closed the public hearing.
A motion was made by Councilwoman Bennington, second by Councilman Powers, to
approve Ordinance No. 2023-O-02. The MOTION was APPROVED by the following vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
c.2nd Reading - Ordinance No. 2023-O-03 - Elliot Meadows, requesting an
amendment to the Official Zoning Map to include .30± acres of land located on North
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 Depew opened and closed the public hearing.
A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve
Ordinance No. 2023-O-03. The MOTION was APPROVED by the following vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
d.2nd Reading - Ordinance No. 2023-O-04 - Carl Carder, requesting annexation of
.06± acres of land located on Pelican Drive
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January 9, 2023City Council Meeting Minutes
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. 2023-O-04. The MOTION was APPROVED by the following vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
e.2nd Reading - Ordinance No. 2023-O-05 - Carl Carder, requesting an amendment
to the Future Land Use Map to include.06± acres of land located on Pelican Drive as
Commercial.
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 Councilwoman Bennington, second by Councilwoman Dolbow, to
approve Ordinance No. 2023-O-05. The MOTION was APPROVED by the following vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
f.2nd Reading - Ordinance No. 2023-O-06 - Carl Carder, requesting an amendment
to the Official Zoning Map to include.06± acres of land located on Pelican Drive as
B-3 (Highway Commercial)
City Attorney Wolfe read the Ordinance into the record.
Darren Lear, Development Services Director, provided a staff report and recommendation.
Mayor Depew opened the public hearing.
Jennifer Fox, 115 E. Turgot Road, asked if this had gone before the Planning and Zoning Board; Mr.
Lear confirmed that it had.
Mayor Depew closed the public hearing.
A motion was made by Councilwoman Dolbow, second by Councilman Powers, to approve
Ordinance No. 2023-O-06. 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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January 9, 2023City Council Meeting Minutes
g.2nd Reading - Ordinance No. 2023-O-07 - Jeffrey Arndt, requesting annexation of
.34± acres of land located at 3509 Rock Oak Trail
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 Councilwoman Bennington, second by Councilwoman Dolbow, to
approve Ordinance No. 2023-O-07. The MOTION was APPROVED by the following vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
h.2nd Reading - Ordinance No. 2023-O-08 - Jeffrey Arndt, requesting an amendment
to the Comprehensive Plan Future Land Use Map to include property located at
3509 Rock Oak Trail 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 Depew opened and closed the public hearing.
A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve
Ordinance No. 2023-O-08. The MOTION was APPROVED by the following vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
i.2nd Reading - Ordinance No. 2023-O-09 - Jeffrey Arndt, requesting an amendment
to the Official Zoning Map to include .34± acres of land located at 3509 Rock Oak
Trail 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 Depew opened and closed the public hearing.
A motion was made by Councilwoman Dolbow, second by Councilwoman Bennington, to
approve Ordinance No. 2023-O-09. The MOTION was APPROVED by the following vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
j.2nd Reading - Ordinance 2023-O-10: Amending the Police Officer’s Pension Plan to
eliminate the line of duty health insurance benefit.
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January 9, 2023City Council Meeting Minutes
City Attorney Wolfe read the Ordinance into the record.
City Manager Irby provided a staff report and recommendation.
Mayor Depew opened and closed the public hearing.
A motion was made by Councilwoman Bennington, second by Councilman Powers, to
approve Ordinance No. 2023-O-10. The MOTION was APPROVED by the following vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
k.2nd Reading - Ordinance 2023-O-11; amending the Firefighter’s Pension Plan by
eliminating the line of duty health insurance benefit.
City Attorney Wolfe read the Ordinance into the record.
City Manager Irby 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. 2023-O-11. The MOTION was APPROVED by the following vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
l.2nd Reading - Ordinance No. 2023-O-12: Amending Chapter 8 (Comprehensive
Emergency Management Plan and Disaster Preparedness ), of the Code of
Ordinances by adding Section 8-19 (Emergency Housing)
City Attorney Wolfe read the Ordinance into the record.
City Manager Irby provided a staff report and recommendation.
Mayor Depew opened and closed the public hearing.
A motion was made by Councilwoman Dolbow, second by Councilwoman Gillis, to approve
Ordinance No. 2023-O-12. The MOTION was APPROVED by the following vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
m.Resolution 2023-R-01 Internal Loan to the Solid Waste Fund for Fiscal Year
2022-2023
City Attorney Wolfe read the Resolution into the record.
City Manager Irby provided a staff report and recommendation.
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January 9, 2023City Council Meeting Minutes
Mayor Depew opened the public hearing.
Councilman Powers wanted confirmation that the reimbursement from FEMA would satisfy the
loan; Mr. Irby said yes, it would.
Mayor Depew Closed the public hearing.
A motion was made by Councilwoman Bennington, second by Councilman Powers, to
approve Resolution No. 2023-R-01. The MOTION was APPROVED by the following vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
n.Resolution No. 2023-R-02 - Establishment of a Development Escrow account
City Attorney Wolfe read the Resolution into the record.
City Manager Irby provided a staff report and recommendation.
Mayor Depew opened and closed the public hearing.
A motion was made by Councilwoman Dolbow, second by Councilman Powers, to approve
Resolution No. 2023-R-02. The MOTION was APPROVED by the following vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
o.Resolution 2023-R-03 Approval of Florida Short Term Asset Reserve (FLSTAR)
and authorizing participation in FLSTAR
City Attorney Wolfe read the resolution into the record.
City Manager Irby provided a staff report and recommendation.
Mayor Depew opened and closed the public hearing.
A motion was made by Councilman Powers, second by Councilwoman Bennington, to
approve Resolution No. 2023-R-03. The MOTION was APPROVED by the following vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
9. BOARD APPOINTMENTS
a.Economic Development Advisory Board Appointment - Councilwoman Gillis'
appointment due to the resignation of Chip Selman.
Councilwoman Gillis stated that she had gone over Ms. Bauer's application and believes she is more
than qualified for the job; Councilwoman Gillis encouraged more residents to apply for the Boards.
Councilwoman Bennington expressed her support of Councilwoman Gillis' recommendation.
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January 9, 2023City Council Meeting Minutes
A motion was made by Councilwoman Bennington, second by Councilwoman Dolbow, to
appoint Khelsea Bauer to the Economic Development Board. The MOTION was
APPROVED by the following vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
10. OTHER BUSINESS
a.NSBHS Traffic Signal Cost Contribution Request
City Manager Irby provided a staff report and recommendation.
Mayor Depew opened the public hearing.
Linda Cuthbert, 1810 Red Rock Road, spoke in support of the contribution.
Danielle Young, (inaudible), partly inaudible but spoke in support of the contribution.
Linda Cuthbert, 1810 Red Rock Road, gave further details on the traffic signal.
Chuck Martin, 205 Cherrywood Lane, spoke in support of the traffic signal contribution.
Councilwoman Dolbow inquired over the mechanics of the traffic signal and whose responsibility it
was to maintain the traffic signal; Mr. Irby informed her that is the County's responsibility.
Councilwoman Bennington felt as though it was a small price to pay for the safety of the children
attending the school; Councilman Powers agreed and stated that it was a fair equation, percentage
versus dollar amount. Mayor Depew agreed and believed the request was not unreasonable.
Councilwoman Gillis thanked Ms. Cuthbert for all the work she had done and was happy that things
are hopefully moving forward.
Mayor Depew closed the public hearing.
Mayor Depew requested that, with Council approval, there be a proclamation for Linda Cuthbert
day for the next agenda.
A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve
paying NSB 38.79% of their proportionate share of the cost of the traffic signal to be
installed in front of the High School. The MOTION was APPROVED by the following vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
b.Appointment of Vice-Mayor
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January 9, 2023City Council Meeting Minutes
Councilwoman Dolbow asked what the job of Vice Mayor entails; Mr. Irby explained that whomever
is in the position will fill in for the Mayor when he's absent.
Mayor Depew felt as though Councilwoman Gillis has been very involved with the community and
suggested that she be appointed as Vice Mayor.
Councilman Powers credited Councilwoman Gillis and Mayor Depew for their dedication to
attending City Events in the time that they have been elected; he supports the direction of Mayor
Depew.
A motion was made by Councilman Powers, to appoint Councilwoman Gillis as Vice-Mayor.
The MOTION DIED due to lack of second.
Mayor Depew states that he has no issue with Councilwoman Bennington becoming Vice Mayor as
long as she is able to attend in his absence; she assured him that she could as she's retired.
Councilwoman Bennington shared that she has no objection to Councilwoman Gillis becoming Vice
Mayor, she just feels as though Councilwoman Gillis might need more time on Council before
assuming the responsibility. She is however, supportive of whatever Council decides.
A motion was made by Councilwoman Dolbow, second by Councilwoman Gillis, to appoint
Councilwoman Bennington as Vice-Mayor. The MOTION was APPROVED by the following
vote:
Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow
and Councilman Powers
5 -
11. OFFICER REPORTS
a.City Clerk
City Clerk Zlotnik reported that there were other Boards that Council sits on; the Elected Officials
Roundtable should be the Mayor and the City Manager will start participating in the Team Volusia
Executive Board. The Boards remaining are the River to Sea TPO, they meet monthly on the 4th
Tuesday at 8am; the YMCA Community Board meets monthly on the 4th Tuesday at noon; and the
School Concurrency Advisory Oversight Committee that meets yearly in the evening.
Councilman Powers requested to remain on the YMCA Community Board with Mayor Depew
expressing his interest in it as well; Councilman Powers agreed to step down on the grounds that he
is still allowed to volunteer at the events. Councilwoman Bennington inquired over her role as Vice
Mayor if Mayor Depew were unable to attend; she was informed that she would be his stand in for
the Elected Officials Roundtable or anything of the such.
Councilman Powers and Councilwoman Gillis agreed to sit on the School Concurrency Advisory
Oversight Committee and the River to Sea TPO respectively. For the TPO however, there needed to
be an alternate; Councilwoman Dolbow volunteered.
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January 9, 2023City Council Meeting Minutes
Ms. Zlotnik informed Council that she would be sending out a calendar invite for the upcoming
Volusia League of Cities dinner and for the Council members attending the Institute for Elected
Municipal Officials, she would have a packet for them with all the information needed.
Councilman Powers advised that the Council members attending the IEMO really soak it in as its a
great experience.
b.City Attorney
City Attorney Wolfe provided an update on the Ingles litigation.
c.City Manager
City Manager Irby had nothing at this time.
12. CITIZEN COMMENTS
Linda Cuthbert, 1810 Red Rock Road, inaudible due to microphone issue.
14. ADJOURN
There being no further business to discuss, Mayor Depew adjourned the meeting at 7:46pm.
Minutes respectfully submitted by:
Monique Toupin, Assistant to the City Clerk.
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