07-03-2023 - Regular104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
City Council
6:00 PM Council ChambersMonday, July 3, 2023
1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE AND INVOCATION
Vice Mayor Bennington called the meeting to order at 6pm.
Councilwoman Charlotte Gillis, Councilwoman Gigi Bennington, Councilwoman Debbie
Dolbow, and Councilman Jonah Powers
Present:4 -
Mayor Diezel DePewExcused:1 -
City Attorney Aaron Wolfe, City Manager Glenn Irby, and City Clerk Bonnie ZlotnikAlso Present:3 -
2. APPROVAL OF MINUTES
a.Regular Meeting - January 9, 2023
A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve
Minutes of January 9, 2023. The MOTION was APPROVED by the following vote:
Yes:Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow and Councilman
Powers
4 -
Excused:Mayor DePew1 -
b.Regular Meeting - February 6, 2023
A motion was made by Councilman Powers, second by Councilwoman Gillis, to approve
Minutes of February 6, 2023. The MOTION was APPROVED by the following vote:
Yes:Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow and Councilman
Powers
4 -
Excused:Mayor DePew1 -
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
a.Edgewater Animal Shelter Report
b.Southeast Volusia Manufacturing & Technology Coalition Presentation
c.Proclamation - Designation as a Purple Heart City
4. CITIZEN COMMENTS
Charles Bradway, 31 Pelican Drive, commended the Edgewater Police Department.
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July 3, 2023City Council Meeting Minutes
Cary Lunsford, 33 Pelican Drive, discussed issues with the use of Menard May park.
Donna McDavid, 1201 Bond Street, asked about the status of the discussion on feather flags; Mr.
Irby said that it would be brought up at the next meeting once the full Council is present.
Susanne Sheiber, 548 Sandy Oaks Boulevard, Ormond Beach, spoke of her organization Dream
Green Volusia and asked for support from the Council to help renew the Land Conservation
Program; she clarified that she does serve on the Volusia Forever Committee but is not there to
represent them.
5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA
None at this time.
6. CITY COUNCIL REPORTS
Vice Mayor Bennington had nothing at this time.
Councilwoman Dolbow reported that she had a very busy month.
Councilman Powers stated that he wanted to thank the staff working on the upcoming Fourth of July
festivities.
Councilwoman Gillis reported that she had attended a Southeast Volusia Chamber of Commerce
master meeting; a Code Enforcement Special Magistrate Meeting; a ride along with Officers Rippeon
& Guthrie; a Volusia Chamber Alliance mixer at Embry Riddle; a dedication at the Edgewater
United Methodist Church food pantry; a day with Police Captain Chas Geiger; met with Parks &
Recreation Deputy Director Jason O'Keefe and residents; met with the residents of Shangri La; rode
with Environmental Services Director Randy Coslow to tour the G2 & G11 canal system; the 2023
Southeast Volusia Chamber of Commerce Regional Economic Development Summit; a Planning &
Zoning board meeting; two (2) ribbon cuttings; rode along with the Edgewater Fire Departments
B-shift; attended the Utility Rate Study workshop; attended the TPO meeting; rode with City
Manager Irby to look at several properties that had concerns; met with Finance Department Director
Bridgette Vaissiere and toured the Finance Department; spent the weekend with Officers Binz &
Ingram and the Fire Departments A-shift. She welcomed the new Officers & Firefighters and
announced that she would be attending the upcoming Fourth of July Celebration.
7. CONSENT AGENDA
A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve
the Consent Agenda with the exclusion of item 7f. The MOTION was APPROVED by the
following vote:
Yes:Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow and Councilman
Powers
4 -
Excused:Mayor DePew1 -
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July 3, 2023City Council Meeting Minutes
a.Rehabilitation of Lift Station 13
b.Ariel Road Water Meter and Vault
c.Manhole Lining and Repair
d.Request to award and to authorize the City Manager to execute a contract to Alfred
Benesch & Company for the Municipal Impact Fee Study (RFP 23-GS-09).
e.Professional Services Agreements for Environmental Consulting Services -
Addendum #1
f.Request City Council to Approve a Beer Garden (partnership with AMVETS) at the
Independence Day Celebration and Fireworks Event July 4, 2023
Councilwoman Gillis had noticed that they approve this annually and wondered if they could do
something to change that; Councilman Powers said he would be okay with it being at Staff's
discretion but there would still have to be an application process.
City Attorney Wolfe said that if Council agreed; it could be something approved at staff level.
Councilman Powers said he felt there would have to be criteria followed and met so they weren't
arbitrarily allowing alcohol.
City Attorney Wolfe stated that the Ordinance would have to be amended to determine the new
criteria for staff to follow.
A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve
Consent Agenda item 7f. The MOTION was APPROVED by the following vote:
Yes:Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow and Councilman
Powers
4 -
Excused:Mayor DePew1 -
g.Request Approval to Change Toro Ground Master 3500 Sports Field Mower to
Sports Field Maintenance Equipment in the Approved Current Fiscal Year 2022 -
2023 Capital Outlay Budget
h.Request Approval for a Budget Amendment for ¾ Ton Truck for Parks & Recreation
i.Requesting an Amendment to the Construction Contract resulting from ITB -PR-016
with CONSTRUCT CO, INC., to include FEMA language.
j.Renewal of FEMA Technical Assistance Consulting Contracts with the addition of
FEMA required language.( RFQ 19-ES-012 )
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July 3, 2023City Council Meeting Minutes
k.Renewal of Residential Recycling Services Contract with Southard Enterprises, Inc.
l.Approval of award and authorization for the City Manager to enter into an agreement
with GPS Civil Construction, Inc., for the Park Avenue Water Main Replacement
Project (ITB 23-ES-08).
m.Park Avenue Water Main Engineer Services During Construction
8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
a.2nd Reading - Ordinance No. 2023-O-16: Jack Lawson, requesting annexation of
2.12± acres of land located at 1890 Old Mission Rd.
City Attorney Wolfe read the Ordinance into the record.
There was no staff report as this was a second reading.
Vice Mayor Bennington opened and closed the public hearing.
A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve
Ordinance No. 2023-O-16. The MOTION was APPROVED by the following vote:
Yes:Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow and Councilman
Powers
4 -
Excused:Mayor DePew1 -
b.2nd Reading - Ordinance No. 2023-O-17: Jack Lawson, requesting an amendment
to the Comprehensive Plan Future Land Use Map to include 2.12± acres of land
located at 1890 Old Mission Road as Low Density Transition with Conservation
Overlay
City Attorney Wolfe read the Ordinance into the record.
There was no staff report as this was a second reading.
Vice Mayor Bennington opened and closed the public hearing.
A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve
Ordinance No. 2023-O-17. The MOTION was APPROVED by the following vote:
Yes:Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow and Councilman
Powers
4 -
Excused:Mayor DePew1 -
c.2nd Reading - Ordinance No. 2023-O-18: Jack Lawson, requesting an amendment
to the Official Zoning Map to include 2.12± acres of land located at 1890 Old
Mission Road as RT (Rural Transitional).
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July 3, 2023City Council Meeting Minutes
City Attorney Wolfe read the Ordinance into the record.
There was no staff report as this was a second reading.
Vice Mayor Bennington opened and closed the public hearing.
A motion was made by Councilman Powers, second by Councilwoman Gillis, to approve
Ordinance No. 2023-O-18. The MOTION was APPROVED by the following vote:
Yes:Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow and Councilman
Powers
4 -
Excused:Mayor DePew1 -
d.2nd Reading - Ordinance No. 2023-O-22: Amending Chapter 10 (Health,
Sanitation, Property Maintenance and Code Enforcement ), of the Code of
Ordinances.
City Attorney Wolfe read the Ordinance into the record.
There was no staff report as this was a second reading.
Vice Mayor Bennington opened and closed the public hearing.
A motion was made by Councilwoman Dolbow, second by Councilman Powers, to approve
Ordinance No. 2023-O-22. The MOTION was APPROVED by the following vote:
Yes:Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow and Councilman
Powers
4 -
Excused:Mayor DePew1 -
e.2nd Reading - Ordinance No. 2023-O-23: Amending the Police Officers Pension
Plan
City Attorney Wolfe read the Ordinance into the record.
City Manager Irby provided a staff report and recommendation.
Vice Mayor Bennington opened the public hearing.
Councilman Powers wanted confirmation that the language was changed to ensure that there is no
impact to the plan itself; Mr. Irby informed him that there would be an impact to the plan which is
the reason behind the change. City Attorney Wolfe interjected that there is no impact with the chief
opt out.
Councilwoman Gillis asked if there were any negative affects for the Police Department; Mr. Irby
said no, it just allows the Police Chief to opt out if he so chooses.
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July 3, 2023City Council Meeting Minutes
Vice Mayor Bennington closed the public hearing.
A motion was made by Councilwoman Dolbow, second by Councilman Powers, to approve
Ordinance No. 2023-O-23. The MOTION was APPROVED by the following vote:
Yes:Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow and Councilman
Powers
4 -
Excused:Mayor DePew1 -
f.2nd Reading - Ordinance No. 2023-O-24 - Amending Chapter 9 (Finance)
City Attorney Wolfe read the Ordinance into the record.
City Manager Irby provided a staff report and recommendation.
Vice Mayor Bennington opened the public hearing.
Councilman Powers confirmed with Mr. Irby that the change is to clear up the language that Council
has in terms of influence over the policy.
City Clerk Zlotnik stated that there was an additional change but Bridgette Vaissiere, Finance
Director informed Council that the error was under Other Business.
Vice Mayor Bennington closed the public hearing.
A motion was made by Councilman Powers, second by Councilwoman Gillis, to approve
Ordinance No. 2023-O-24. The MOTION was APPROVED by the following vote:
Yes:Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow and Councilman
Powers
4 -
Excused:Mayor DePew1 -
g.2nd Reading - Ordinance No. 2023-O-25: Amending Chapter 5 (Animal Services),
of the Code of Ordinances.
City Attorney Wolfe read the Ordinance into the record.
City Manager Irby provided a staff report and recommendation.
Vice Mayor Bennington opened the public hearing.
Councilwoman Dolbow asked about the process of a dog being removed for being tethered without
food or water; Fire Chief Lariscy stated that it depended on the situation but if there was probable
cause they could obtain a search warrant; this allows them to take action.
Councilman Powers felt that it was a necessary and well thought out Ordinance.
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Vice Mayor Bennington closed the public hearing.
A motion was made by Councilwoman Dolbow, second by Councilman Powers, to approve
Ordinance No. 2023-O-25. The MOTION was APPROVED by the following vote:
Yes:Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow and Councilman
Powers
4 -
Excused:Mayor DePew1 -
h.Resolution No. 223-R-13: Request for abandonment and vacation of 1.1 feet from
the side yard drainage easement of Lot 93, Oak Leaf Preserve, Phase 2.
City Attorney Wolfe read the Resolution into the record.
Ryan Solstice, Interim Development Services Director, provided a staff report and recommendation.
Vice Mayor Bennington opened the public hearing.
Councilwoman Dolbow asked if this had happened before; City Manager Irby said he had seen it
previously elsewhere. Councilman Powers pointed out that this process is reliant on a survey.
Councilwoman Gillis wanted confirmation that the neighboring property did not have an issue; Mr.
Solstice explained that they did initially write a letter of objection but retracted that and provided a
letter of support.
Vice Mayor Bennington closed the public hearing.
A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve
Resolution No. 2023-R-13. The MOTION was APPROVED by the following vote:
Yes:Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow and Councilman
Powers
4 -
Excused:Mayor DePew1 -
9. BOARD APPOINTMENTS
None at this time.
10. OTHER BUSINESS
a.Request for Final Plat approval for Riverfront Estates South.
Ryan Solstice, Interim Development Services Director, provided a staff report and recommendation.
Vice Mayor Bennington opened the public hearing.
Councilman Powers stated that this is a decision regulated by State statute; if the Final Plat is
consistent with the original development plan, Council is bound by law to approve.
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July 3, 2023City Council Meeting Minutes
Councilwoman Dolbow inquired over if there were townhomes; Mr. Solstice said it would consist of
townhomes and single family homes; there was a breakdown of the lots included in the attachments.
Vice Mayor Bennington closed the public hearing.
A motion was made by Councilwoman Dolbow, second by Councilman Powers, to approve
the Final Plat for Riverfront Estates South. The MOTION was APPROVED by the following
vote:
Yes:Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow and Councilman
Powers
4 -
Excused:Mayor DePew1 -
b.Approve Vision Plan Consulting Addendum from Kimley -Horn for Additional
Services
City Manager Irby provided a staff report and recommendation.
There was a brief discussion on dates regarding the Visioning session.
Councilman Powers wanted confirmation that the $12,500 was for the second community survey and
public workshop; Mr. Irby said yes.
Councilman Powers pointed out that there would be additional costs and that there was concern
amongst residents who were unable to participate in the first survey; he wanted to make sure they
were heard as well.
Councilwoman Dolbow and Councilman Powers mentioned providing the survey via the water bill;
whether residents get either a paper copy or an electronic version.
A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve to
approve the budget amendment and authorize the City Manager to execute the addendum as
presented. The MOTION was APPROVED by the following vote:
Yes:Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow and Councilman
Powers
4 -
Excused:Mayor DePew1 -
c.Designation of Elected Official authorized to vote at the Florida League of Cities
Annual Business Session.
City Manager Irby provided a staff report and recommendation.
Vice Mayor Bennington opened the public hearing.
Council gave support for Councilwoman Gillis to be the designated voter at the Florida League of
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July 3, 2023City Council Meeting Minutes
Cities Annual Conference Business Session.
Vice Mayor Bennington closed the public hearing.
A motion was made by Councilwoman Dolbow, second by Councilman Powers, to have
Charlotte be our elected official authorized to vote at the Florida League of Cities Annual
Conference Business Session . The MOTION was APPROVED by the following vote:
Yes:Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow and Councilman
Powers
4 -
Absent:Mayor DePew1 -
d.Update to Personnel Policy & Procedures
City Manager Irby provided a staff report and recommendation.
Bridgette Vaissiere, Finance Director, informed Council of a minor scriveners error in the revisions.
Vice Mayor Bennington opened the public hearing.
Councilman Powers confirmed with Mr. Irby that this was just a comprehensive version of the
Personnel Policy that dealt with specific issues.
Vice Mayor Bennington closed the public hearing.
A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve
the revised Personnel Policies and Procedures revisions July 2023, with the noted scriveners
error update. The MOTION was APPROVED by the following vote:
Yes:Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow and Councilman
Powers
4 -
Excused:Mayor DePew1 -
e.Approval to Submit Letter of Consortium Commitment for a United States
Department Of Commerce Economic Development Administration Regional
Technology and Innovation Hub Part A Designation, Part B Strategy Development
Award Between the Southeast Volusia Manufacturing & Technology Coalition, The
City Of New Smyrna Beach, The City Of Edgewater and The City Of Oak Hill
Samantha Bergeron, Parks and Recreation Director, provided a staff report and recommendation.
Vice Mayor Bennington opened the public hearing.
Councilman Powers confirmed that this was just a letter stating that they were agreeing to apply;
Mr. Irby said yes, there was no commitment currently.
Vice Mayor Bennington closed the public hearing.
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July 3, 2023City Council Meeting Minutes
A motion was made by Councilwoman Dolbow, second by Councilman Powers, to approve
the Letter of Consortium Commitment for a United States Department Of Commerce
Economic Development Administration Regional Technology and Innovation Hub Part A
Designation, Part B Strategy Development Award Between the Southeast Volusia
Manufacturing & Technology Coalition. The MOTION was APPROVED by the following
vote:
Yes:Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow and Councilman
Powers
4 -
Excused:Mayor DePew1 -
f.Refund of Forfeitures
City Manager Irby provided a staff report and recommendation.
Vice Mayor Bennington opened the public hearing.
Councilman Powers stated for the record; the internal employee policy indicates that you have to be
employed at the City for five (5) years and be age 55. Mr. Irby informed him that anyone 55 or older
could work at the City for a week and still be vested.
City Attorney Wolfe explained that the error occurred because 16 employees had under five (5) years
of service but were over the age of 55 so the funds should not have been forfeited.
Vice Mayor Bennington closed the public hearing.
A motion was made by Councilman Powers, second by Councilwoman Gillis, to approve the
Refund of Forfeitures in the amount of $259,487.66 to MissionSquare Retirement plus any
accrued gain at the time the money is replaced between January 2023 and when the money
of forfeitures is deposited. The MOTION was APPROVED by the following vote:
Yes:Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow and Councilman
Powers
4 -
Excused:Mayor DePew1 -
11. OFFICER REPORTS
a.City Clerk
City Clerk Zlotnik had nothing at this time.
b.City Attorney
City Attorney Wolfe provided a litigation update on the 1859 Pine Tree Drive foreclosure and the
Hatcher case.
c.City Manager
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July 3, 2023City Council Meeting Minutes
City Manager Irby reported that Jones Edmonds, the engineering firm who conducted the Hurricane
Ian exposure analysis for New Smyrna Beach, is willing to present their findings to Council and
review/comment on the stormwater standards in Edgewaters Land Development Code. He explained
that the presentation done for New Smyrna Beach had covered a majority of Edgewater as well.
The cost of the companies services is $7,500; it is highly recommended that Council waive the
purchasing policy and direct staff to contract directly with the company.
Councilman Powers confirmed with Mr. Irby that this study would specifically study Hurricane Ian
and also help look at Edgewaters Land Development Code.
A motion was made by Councilman Powers, second by Councilwoman Gillis, to approve
the Jones Edmond Study and the funding that goes along with that. The MOTION was
APPROVED by the following vote:
Yes:Councilwoman Gillis, Councilwoman Bennington, Councilwoman Dolbow and
Councilman Powers
4 -
Excused:Mayor DePew1 -
12. CITIZEN COMMENTS
Corrie Sapp, 2630 Travelers Palm, inquired over the Consent Agenda item relating to the Beer
Garden.
Deshon Davis, 1593 Delphi Way, asked about the next step regarding an easement approval.
13. ADJOURN
There being no further business to discuss, Vice Mayor Bennington adjourned the meeting at 7:28pm.
Minutes respectfully submitted by:
Monique Toupin, Assistant to the City Clerk.
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