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05-19-2025104 N. Riverside Drive Edgewater, FL 32132City of Edgewater Meeting Minutes City Council 6:00 PM Council ChambersMonday, May 19, 2025 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Depew called the meeting to order at 6 pm. Mayor Diezel DePew, Councilwoman Charlotte Gillis, Councilman Mike Thomas, Councilwoman Debbie Dolbow, and Councilman Eric Rainbird Present:5 - City Attorney Aaron Wolfe, Interim City Manager Jeffrey Thurman, City Clerk Bonnie Zlotnik, and Assistant to the City Clerk Monique Toupin Also Present:4 - 2. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA Mayor Depew stated that items 8b & 8c were to be tabled to the June 2, 2025 City Council meeting. 3. APPROVAL OF MINUTES None at this time. 4. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a.Proclamation – National Public Works Week Mayor Depew presented the proclamation to various members of the City of Edgewater Public Works Department. b.Proclamation for Drinking Water Week, May 4-10,2025 Mayor Depew presented the proclamation to Interim Public Works Director Sean Maroney. c.Earth Day Proclamation Mayor Depew presented the proclamation to Parks and Recreation Director Jason O'Keefe. d.Southeast Volusia Chamber Advocacy and Economic Development Committee to provide a brief video recap of the Inter -City Tour on April 10, 2025 and address any questions Stephanie Ford, President and CEO of the Southeast Volusia Chamber of Commerce gave a brief presentation and invited Council to their Economic Summit planned in October. 5. CITIZEN COMMENTS Jennifer Fox, 207 Frances Drive, expressed concerns over the status of the City Council and Planning and Zoning meeting minutes. Page 1City of Edgewater Printed on 6/24/2025 May 19, 2025City Council Meeting Minutes Chuck Martin, 205 Cherrywood Lane, commended the Public Works department for their efforts; discussed the City's efforts towards preparing for hurricane season and City Council's attitude towards the developments. Cindy Harris, S Glencoe Road, discussed the nearby developments and announced her plan to run for County Council. Doug Frederick, Sea Anchor Circle, spoke about the Live Local Act and his research on it. 6. CITY COUNCIL REPORTS Mayor Depew attended a Florida League of Mayors meeting and had spoken with the CRA Director from Sanford about opportunities. Mayor Depew felt that residents were concerned with the performance of City Attorney Wolfe and had lost their trust in his abilities. He had read Mr. Wolfe's contract and would like to put out an RFQ for the position to have him reapply. Mayor Depew passed the gavel to open up the discussion. Mayor Depew spoke of the City Attorney's evaluation; Councilwoman Dolbow said she felt City Attorney Wolfe kept City Council informed and protected the City as per his contract. Councilwoman Gillis said she had also received complaints and felt that Mr. Wolfe was not pro-active enough. Discussion ensued regarding the purpose of putting it out for bid; the content of the current contract and the possibilities of restructuring it and the public's perception of the City Attorney's role. Councilwoman Dolbow had concerns about certain residents urging Councilmembers to go after employees jobs; she felt if there was a problem with an employee, it should be addressed privately. Mayor Depew pointed out that the Council only has jurisdiction over the City Manager; the City Clerk and the City Attorney. Councilwoman Dolbow acknowledged that but stated that employees are being attacked by residents and there are no repercussions. Councilman Thomas expressed concern over the timing of the discussion and bringing in someone new who doesn't have the time or experience that Mr. Wolfe has as the City Attorney. He felt Mr. Wolfe does an excellent job and had kept the City from being sued up until recently. He had ultimately not participated in the evaluation process as he felt he was not qualified to do so. Councilman Rainbird spoke of the number of interim positions currently in place; encouraged any residents who had issues to come forward and discuss it; and acknowledged that the employees were under a lot of pressure and could find opportunities elsewhere. Councilman Thomas reiterated that he felt it was a bad time. Page 2City of Edgewater Printed on 6/24/2025 May 19, 2025City Council Meeting Minutes City Attorney Wolfe informed Council that his contract expires in January of 2026. Mayor Depew felt that City Attorney Wolfe does represent the City well but the public trust is not there. Discussion ensued regarding when to discuss the contract; the terms of the former City Manager's contract; and how the termination of a City Manager should be handled. Councilman Thomas suggested that they wait until the City Attorney's contract is up; Mayor Depew said he felt they should wait until they hire a permanent City Manager. Mayor Depew asked for an explanation of the minutes; City Attorney Wolfe advised that per the Sunshine Law chapter 286, minutes are required to be promptly recorded and kept of public meetings. Councilman Rainbird detailed his personal experiences with minutes and expressed displeasure over the state of them. City Clerk Zlotnik explained that it was a lack of staff and time. For Planning and Zoning; the minutes done were not up to professional standards. Councilman Thomas believed there needs to be a Deputy City Clerk; Ms. Zlotnik said they were in need of both a Deputy City Clerk and an additional administrative assistant. Councilwoman Gillis felt they should give consensus to allow the Deputy City Clerk position but Mayor Depew felt it should be discussed at budget time. Councilman Thomas had received several phone calls, including one from Councilwoman Gillis about the drainage situation on Sea Gull Court. Sean Maroney, Interim Public Works Director, provided an explanation and plan to resolve the issue. Councilman Thomas detailed a conversation with Robbie Lee from the Miami Corporation regarding the canal on Silver Palm Drive and asked about the plans regarding it; Mr. Maroney gave a detailed explanation. Further discussion ensued regarding the maintenance/cost of clearing of the land donated by the County and possibly receiving some kind of assistance to do so. Councilman Thomas shared plans of a ride along with Tommy Smith, Public Works Superintendent, and of his upcoming vacation. Mayor Depew brought up an issue with an easement located at Fisherman's Cove and asked staff to reach out to them. Councilwoman Dolbow discussed two (2) senate bills she had concerns with the school pick up situation at Indian River Elementary on 30th Street. Police Chief Joe Mahoney addressed her concerns. Page 3City of Edgewater Printed on 6/24/2025 May 19, 2025City Council Meeting Minutes Councilman Rainbird discussed his conversation with County Chair Jeff Brower; expressed gratitude for the Police Departments high water rescue vehicle; urged residents to be prepared for the worst when a hurricane comes; had toured and was impressed by the Edgewater portion of Deering Park; and attended the Edgefest Festival. Councilwoman Gillis commended Parks and Recreation for their building capabilities; attended the Habitat Earth Day celebration; two (2) Florida League of Cities regional events; the Edgefest Earthday event; the second annual FDOT District 5 Safety Summit; the City's Hurricane Preparedness Seminar; the State of the State at the Brannon Center; the Volusia County Quarterly breakfast; the Florida Metropolitan Planning Organizations weekend institute. She met with various residents; delivered a proclamation celebrating John Stearns in New Smyrna Beach; she thanked numerous staff members from Public Works, Parks and Recreation, Development Services; and Code Enforcement for their efforts to resolve various issues. She participated in a ride along with the Police Department and spoke with Interim City Manager Thurman about the agenda and City Clerk Zlotnik regarding various issues. Councilwoman Gillis discussed the possibility of buying pumps instead of renting them; Mayor Depew said he was all for it but wanted to check if a grant was possibly available. Sean Maroney, Interim Public Works Director, advised that Florida Department of Emergency Management will provide the pumps for free. He felt it wasn't necessary to purchase them and have them on standby all year from a maintenance standpoint when they may only be used for two (2) months out of the year. If the City does have to rent pumps; it is reimbursed through FEMA if it's a declared event. He felt it was not fiscally responsible to purchase them and would rather use that grant money for other necessities. Mayor Depew discussed a previous event where pumps were not delivered as they were supposed to be. Councilwoman Gillis mentioned Mango Tree Lake becoming a passive park for the community; Jason O'Keefe, Parks and Recreation Director acknowledged that it had been previously discussed but was not sure of all the details. Mayor Depew knew there were concerns about the depth of the lake; Mr. Maroney said that the banks were also too steep to have docks. Council gave consensus to have further discussions on the matter. Councilwoman Gillis felt that the amount of overtime that the Police Department uses a year would more than pay for four (4) additional officers to alleviate the amount of overtime needed and wanted to make sure that was reflected in the upcoming budget discussions. A motion was made by Mayor DePew, second by Councilman Rainbird, to open that up for discussion. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilman Thomas, Councilwoman Dolbow and Councilman Rainbird 5 - Page 4City of Edgewater Printed on 6/24/2025 May 19, 2025City Council Meeting Minutes A motion was made by Councilwoman Gillis, second by Councilman Rainbird, to have the discussion once we have a new City Manager. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis and Councilman Rainbird3 - No:Councilman Thomas and Councilwoman Dolbow2 - 7. CONSENT AGENDA A motion was made by Councilwoman Dolbow, second by Councilman Rainbird, to approve the Consent Agenda. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilman Thomas, Councilwoman Dolbow and Councilman Rainbird 5 - a.Final Renewal of RFP 21-ES-03 - Wastewater Control of Fats, Oils and Greases and Oils b.Accept a $20,000 donation towards the purchase of a 2025 Polaris side-by-side ATV for Edgewater Fire Rescue c.Aqua Park Swimming pools fill assistance d.Request for the approval of the Memorandum of Understanding between the City of Edgewater and the Southeast Volusia YMCA. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a.1st Reading - Ordinance No. 2024-O-55: Request for rezoning for 0.683 + acres (PID’s 8538-01-00-0220 and 8538-01-00-0221) located on the northeast end of Jones Fish Camp Road from Volusia County Resource Corridor (RC) and Volusia County Resource Corridor Water (R-6W) to City of Edgewater Mixed Use Planned Unit Development (MUPUD), Edgewater River Oaks. City Attorney Wolfe read the Ordinance into the record. Ryan Solstice, Development Services Director, provided a staff report and recommendation. Mr. Solstice explained why they could not put any language in regarding the mangroves if the Ordinance does not move forward to the second reading. Mayor Depew opened the public hearing. Mark Watts of Cobb Cole, 231 N Woodland Boulevard, representative for the applicant, acknowledged the multiple moving parts of the project and said they were asking Council to let everything be scheduled and heard on one agenda. He clarified that approving this wouldn't approve any final action; it would allow them to come back June 2nd with the annexation, the land use Page 5City of Edgewater Printed on 6/24/2025 May 19, 2025City Council Meeting Minutes amendment, the PUD rezoning Ordinance and then the actual amendment to the PUD document to incorporate language Council had requested at prior meetings with regard to mangrove and shoreline protection. Mayor Depew stated he was glad the applicant was working with the Riverside Conservancy and discussed the applicant entering into a contract to allow the conservancy to maintain the national shoreline. Mr. Watts acknowledged that language had been put into the agreement for the next meeting to coordinate through the Riverside Conservancy for the design of the shoreline. They had also discussed working together on grant opportunities; allowing some space in the ship store for the Conservancy to promote themselves and have parts of the proceeds from the sales of materials go towards the supporting of the Conservancy. Councilwoman Dolbow appreciated that the project was moving forward in a positive manner and thanked them for partnering with Kelly McGee of the Riverside Conservancy. Councilman Rainbird felt it didn't make sense to have the parcel be under someone else's control. Mayor Depew inquired with City Attorney Wolfe and Mr. Solstice that the City has the ability to dictate how the shoreline is moving forward and that it could be put into the contract that the applicant had to work with the Riverside Conservancy. Mr. Solstice advised that the current language stated that they are going to work and coordinate with Riverside Conservancy but they could request it be put into a contract in the PUD itself. The developer may not agree. Mayor Depew said he would only support it if that was done. Mr. Watts said they would reach out to the Riverside Conservancy to confirm that they were okay with a contract being put in place. Councilman Rainbird confirmed with Mr. Watts that the main intention was to add a vision barrier; add more mangroves and native species while removing some invasive plants. That is what they want to coordinate with the Riverside Conservancy to design. Councilwoman Gillis asked if there was any other reason they wanted this annexed in; Mr. Watts said no, they just didn't want to have to split permitting between the City and the County. This streamlines the process. Mr. Solstice advised that there were only three (3) things in the PUD amendment; increased dry stack storage parking, increase in dry stack storage and then what staff has added regarding the wetland plantings and mangroves. Mayor Depew asked why the height increase of the dry stack storage; Mr. Watts clarified that they are not increasing the capacity or the amount of boats that can be stored, it's so they can design the building to withstand the 180 mile an hour wind loads as that requires additional structural Page 6City of Edgewater Printed on 6/24/2025 May 19, 2025City Council Meeting Minutes mechanics and so they can have individual fire suppression equipment above each of the slips. Councilwoman Gillis requested a sign falsely advertising the project be taken down; Mr. Watts agreed. Mr. Solstice assured Council that this motion does not give the developer the right to do anything, it simply moves the item onto a second reading to add all contingencies; it remains under control of the County until after the second reading. Councilman Rainbird and Councilwoman Dolbow agreed that residents would trust their own City rather than trust the County. Mayor Depew closed the public hearing. A motion was made by Councilwoman Dolbow, second by Councilman Rainbird, to approve the first reading of Ordinance No. 2024-O-55. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Dolbow and Councilman Rainbird3 - No:Councilwoman Gillis and Councilman Thomas2 - b.2nd Reading - Ordinance 2024-O-47: Request for annexation of Parcel ID’s 853801000220 and 853801000221 from Volusia County into the City of Edgewater generally located at the end of Jones Fish Camp Road. This request was tabled c.2nd Reading - Ordinance 2024-O-48: Request for small scale comprehensive plan amendment to the Future Land Use Map for Parcel ID's 853801000220 and 853801000221 from Volusia County Urban Medium Intensity and Water to City of Edgewater Mixed Use with Conservation Overlay. This request was tabled d.Resolution No. 2025-R-10 Purchasing Policy 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. Councilwoman Dolbow asked if this would help streamline the purchasing process; Ms. Vaissiere said that for larger items they will still have to go through the formal solicitation process and explained how this would allow staff to be more efficient. Page 7City of Edgewater Printed on 6/24/2025 May 19, 2025City Council Meeting Minutes Mayor Depew closed the public hearing. A motion was made by Councilwoman Dolbow, second by Councilwoman Gillis, to approve Resolution No. 2025-R-10. The MOTION was APPROVED by the following vote: Yes:Councilwoman Gillis, Councilman Thomas, Councilwoman Dolbow and Councilman Rainbird 4 - No:Mayor DePew1 - e.Resolution No. 2025-R-08: Approving the Local Agency Program (LAP) between the City of Edgewater and the Florida Department of Transportation (FDOT) for the Emergency Traffic Signal at Fire Station 55, FPN # 453472-1-58-01 City Attorney Wolfe read the Resolution into the record. There was no staff report. Mayor Depew opened the public hearing. Mayor Depew thanked all staff that had been a part of the process. Mayor Depew noted that it was unrelated to the agenda item but asked if any progress had been made on the substation located on 442. Fire Chief Lariscy confirmed that Council did approve the funds to remodel the house located on 442 into a substation or EMS structure; they just need to begin the eviction process as it is currently inhabited. Mayor Depew stressed the importance of a substation and asked for consensus to move forward; City Manager Thurman said they will move forward with the eviction process. A motion was made by Councilwoman Dolbow, second by Councilman Rainbird, to approve Resolution No. 2025-R-08. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilman Thomas, Councilwoman Dolbow and Councilman Rainbird 5 - f.Resolution No. 2025-R-12: Creating a Small Business Advisory Committee and Associated By-Laws. City Attorney Wolfe read the Resolution into the record. City Clerk Zlotnik provided a staff report. Mayor Depew opened the public hearing. Councilwoman Gillis was happy to see this moving forward. Page 8City of Edgewater Printed on 6/24/2025 May 19, 2025City Council Meeting Minutes Mayor Depew explained why this board was important to small businesses in the City. Mayor Depew closed the public hearing. A motion was made by Councilwoman Gillis, second by Councilman Rainbird, to approve Resolution No. 2025-R-12; Creating a Small Business Advisory Committee and it's associated By-Laws.. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilman Thomas, Councilwoman Dolbow and Councilman Rainbird 5 - g.Resolution No. 2025-R-13; Provide direction regarding legal issue of whether building code fees may be used to purchase flood gauge equipment. City Attorney Wolfe read the Resolution into the record. Ryan Solstice, Development Services Director, provided a staff report and recommendation. Mayor Depew opened the public hearing. Councilwoman Dolbow asked about the cost of the gauges; Mr. Solstice advised that he is currently working with a sub-consultant from Kimberly Horn who is going to provide a preliminary estimate. They are currently looking at rain fall meters; flood gauges for depth and velocity (which way the water is flowing and how fast). Mr. Solstice explained that the City has excess building reserves and will be getting a computer model with the stormwater master plan; this will help provide data for that so it does not become obsolete. Mr. Solstice felt the equipment should be at the Mango-Lime lake; the canals off of Queen Palm; the main 18th street canal and the canals that mostly run north and south through Florida Shores. Councilman Rainbird received confirmation from City Attorney Wolfe that the Attorney General now requires staff to get permission from City Council to ask them a question. A motion was made by Councilwoman Dolbow, second by Councilman Rainbird, to approve Resolution No. 2025-R-13. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilman Thomas, Councilwoman Dolbow and Councilman Rainbird 5 - 9. BOARD APPOINTMENTS None at this time. 10. OTHER BUSINESS None at this time. Page 9City of Edgewater Printed on 6/24/2025 May 19, 2025City Council Meeting Minutes 11. OFFICER REPORTS a.City Clerk City Clerk Zlotnik discussed details regarding the Charter Review Committee and the upcoming City Manager candidate interviews. b.City Attorney City Attorney Wolfe provided updates on the Ronnie Wood; Paul and Deborah Kemp; Jeremy Godfrey; and the Lennar Homes litigations. c.City Manager Interim City Manager Thurman discussed Staff receiving an update to the Stormwater Master Plan on June 2nd; National Police week; the City of Edgewater's appreciation for the Edgewater Fire Rescue Association as it disbands after 77 years of support and service, Fire Chief Lariscy expounded that the Association has turned all their property over to the City and had given a $20,000 donation for an all terrain vehicle. Mr. Thurman asked for verbal approval to provide $12,750 from the fire impact fee to cover the cost of upgrades to the ATV to better meet the needs of Fire Rescue. The official request will be included in the budget amendment that will be coming to Council on June 2nd. Fire Chief Lariscy explained why the upgrades were necessary. Council gave their approval. Mr. Thurman briefly reviewed Senate Bills 1080; 1730; 180 and 74. Councilman Thomas received the dates for the upcoming City Manager interviews from Ms. Zlotnik. Councilman Thomas inquired over a workshop for Deering Park but no plans had been made at this time. Further discussion ensued regarding the passing of the Senate Bills and the possible impacts on local municipal governments. Councilman Rainbird asked and received consensus for the Interim City Manager to write letters opposing the bills on their behalf in an attempt to prevent their passing. 12. CITIZEN COMMENTS Chuck Martin, 205 Cherrywood Lane, asked questions regarding an annexation on the agenda and the height restrictions involved, City Attorney Wolfe explained that the property was previously approved for a 14-story condominium. Mayor Depew further clarified that this project was approved Page 10City of Edgewater Printed on 6/24/2025 May 19, 2025City Council Meeting Minutes before the height restrictions currently in place in the Charter. Mr. Solstice clarified that in the City Charter; it says no building will be higher than 35ft east of US 1 if it is residential. The subject development on Jones Fish Camp is commercial in nature per the zoning code; therefore they are allowed to build to a taller height. Mandi Bullard, 1417 Needle Palm Drive, addressed City Attorney Wolfe regarding the residents concerns and asked for more transparency regarding the developments and the flooding. She also addressed Councilwoman Dolbow about comments made regarding the opinion of residents. Donna McDavid, 1201 Bond Street, thanked Council and Staff for their assistance on behalf of Aqua Park. 13. ADJOURN There being no further business to discuss, Mayor Depew adjourned the meeting at 8:18pm. Minutes Respectfully Submitted By: Monique Toupin, Assistant to the City Clerk. Page 11City of Edgewater Printed on 6/24/2025