you No worry about it. We've been chaining room only outside. We had speakers and all out there. At some point I've only seen it this morning. Traces. Yeah. Yeah. I wonder if you're okay. Okay, do so. No hand roll it. All right, call the order. I call the order this July 1st, 2024 City Council meeting. Roe call. Mayor DePueh. President. Councilwoman Gillis. Here. Councilwoman Bennington. Here. Councilwoman Dalbo. Here. Councilman Powers. Here. City Manager Erby. City Attorney Wolf. Here. City Clerk Glatnik present. Please stand for the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God, indivisible, with liberty and justice for all. Please remain I'm going to sign it. Item 2, approval changes or modifications to the agenda. Item 2A, continue items 8H, IJ and K. And I would also like to move. Wait a minute. All right. Here's that again. Which one's over there? IJ, K, and A. I'd like to move item H H I J K have been moved to a separate agenda at this time. Do we need a motion? We want a motion. Yes. And that date is October 7th. To be for a date for October 7th and I would also like a motion to go ahead and do items 8M and HM after the consent agenda. Don't think we need a motion for that but we do need a motion for the continuous. Is there a motion to approve? Mr. Mayor, I make a motion to move items H-I-J-K until October 7, 2024. Second. Roll call. Mayor DePio. Yes. Councilwoman Gellis. Yes. Councilwoman Bennington. Yes. Councilwoman Dalbo. Yes. Councilwoman Bennington. Yes. Councilwoman Dalbo. Yes. Councilman Powers. Yes. Item three approval of the minutes. None at this time. Item four presentation, proclamation, plaques, certificates, and donations. Item four a. Citizens last business recommendation program. 2023 fourth quarter award presented by Councilman Powers. Is Linda McGinnis here tonight? Hey Linda, will you come up here for a moment? Linda McGinnis was nominated by Pastor Stacey of the Edgewater United Methodist Church. Where Linda is the food pantry director. Linda volunteers numerous hours each week working at the pantry on Mondays, Thursdays Thursdays Fridays and Saturdays Miss McGinnis has a group of volunteers who hand out over 100 bags of food each week to our community in need Miss McGinnis also runs the pumpkin patch with her husband Jim They're at the patch every day through the month of October Linda designs the layout and paints all the signage used. Her tireless efforts have been a blessing to so many people. Thank you, Linda that you do. Item B, Citizens' Siles Business Recognization Program, 2024, First Quarter Award, presented tonight by Councilwoman Gillis. also woman gill us. Can I have Haley Vesa and Jamie Porter walk up this way please? I see you guys out there. Haley Vesa and Jamie Porter with your homegirls local living and realty group were nominated by Lacey Stone. They go above and beyond for their edgewater community with events, engagements, assistance. They are always finding ways to benefit their fellow citizens, not only humans, but the animals as well. Miss Stone stated she's not sure that how animals that need help will always find Haley, but they do. During the hurricanes, they orchestrated a large donation place with all sorts of goods for the community to come take what they needed in a time of tragedy and they are true role models. Thank you, Jamie and Haley for everything you've done for the community. Thank you for all that you do. We really appreciate it, especially when this community needs something in a time of need. Item 4C has been continued to a separate agenda, but we always encourage everyone to volunteer at our wonderful Edgewater Animal Shelter that just had an expansion on mango tree drive. Item five, citizens comments. This is the time for the public to come forward with any comment they may have. Citizens comments relating to any agenda matter may be made at the time the matter is before the council. Please state your name, address, and please let me your comments in three minutes or less. No, don't start it right now. Okay, go ahead, Chuck Martin. Edgewater, Chuck, 205 Chuck 205 trade with Lane edgewater Now I'm trying to catch my breath man. It's hard to find a place park out there I hope and pray That the council and the city manager will not approve any type of apartments going in edgewater landings. Would you like if it's related to any agenda item please make it when it is related to the council. What's agenda is this? This is citizens comments at this time. Okay. Well we'll just leave it like this. My comment is if something down in that neighborhood happens without a traffic light and an overpass and all this other stuff, it's going to be an absolute blood bath down there trying to get across that highway. That's the main thing I'm saying and all these people here are good for. I'm here to support them. If it's related to anything in that matter could you please make it at the time as before the council. Yeah well okay and that's coming up right? Yes sir it will be right after the consent agenda. Sounds good so how's everybody doing today? That was awesome. That's right. Everybody doing good? Yeah. You see these people behind me? These are the heavyweights right here. And I'll tell you right now, you messed with edgewater landings. Mm-mm-mm. And I'll tell you right now you mess with edgewater landings It's a done deal and It was hot out today Please read address the council Oh, yeah, I'm gonna use it all Address it to the council. It was real hot and yeah, I'm it to the council. It was real hot. And yeah, I'm talking to the council. It was real hot today. But it's going to get even hotter. So right now, I'm making a motion that we put a moratorium on all new building and edgewater just like Ducam Runa did. Can I get a second? Now they got their crap together You know and they said hey, we put any put a hold on this you know We're flooding these people out here. We're doing all this clear cut and we're mowing stuff down We're doing all this building and it's flooding everybody out and you know Politicians line their pockets and jet out of town. We're not going to have it here. Thank you for your comment. Thank you. Please no applause at this top. Good evening, City Council, Daniel Lewis, 100 Lewis Street, Edgewater. Five months now, I've been waiting to be put on the agenda for a matter that a city employee caused. I'm absolutely disgusted and horrified that the city hasn't been more transparent. You all know what I'm talking about. It's ridiculous. A city employee slandered our school, creative pathways preparatory academy, and I'm fed up. I'm fed up to the point where I'm ready to go to the news media. That's where I'm at. It's absolutely disgusting the way the city has handled this. Five months by the time maybe next month might get put on the agenda. I hand delivered a letter to the mayor because I'm absolutely disgusted with the behavior of a lot of city employees. It's absolutely horrifying that a city employee can slander our school and attack our school, the staff, and the children that go there that can't speak for themselves. It's absolutely horrifying that city employees think they can do whatever they want, and that they're above the law. It's absolutely terrible. So I hope that the city council hears me, and hope that I get put on the agenda next month, and I hope that the city council investigates thoroughly with all the facts and does what they need to do. I'm really fed up with it and there's no reason for a citizen of this community or a business to be treated in this manner and have to wait six months to be put on the agenda is a little ridiculous in my opinion and I hope the rest of the community agrees. Thank you. Thank you for your comment. Please no audience participation. I'll just say it's creative. Pathways Preparatory Academy. South end of Edgewater at 42.33. South US Highway. Thank you for your comments. Thank you. Are there any further citizens comments at this time? Okay. There. Hi, my name is Anthony Keonvar. I live at 2606 Elmbrook Way, Edgewater. I'm here today because on or about June 5th of last month, our mayor, Mr. Deput, along with Donald Burnett, the mayor of Port Orange, decided to have an evening at a business serving alcoholic beverages in Port Orange. And during their visit, Mr. Deput attempted to use a Georgia ID with a 2000. Please address the council and related to city business. Okay, well, I think that this is a city business, sir. Now, you may be thinking our mayor is 19 years old. You may be thinking that he is not. This is a right to the council. This is related to city business. This is related to city of business. Please, please, please, please, please, please, please, please, please, please, please, please, please, please, please, please, please, please, please, please, please, please, please, please, please, please, please, please, please, please, please, please, please, please, any city matter that you may have. Yeah, this is the city matter. If it is related to city business. This is city business. Do you not do, do you think related to anything? The citizens of Elton, why would you not deserve it? Do you know that you tried to drink on a race? Please, please, this is related to city business. Yeah, do you not? Do you not? That this is the floor of the council, please make it. Officer, please relate to city matter and business. Officer? Anything that is related to city matter, please bring it before the council. I'd like you to tell me why this is not city matter. Sir, please relate this to city business. Okay, can you just say, this is about a personal matter that may be addressed later. Thank you for your comment. There's anything related to city business, please relate it now. This is not a personal matter because you are an elected official. Thank you for your I'm sorry. Are there any further citizens comments at this time? Okay, council report. Councilman Powers. For the second time this evening. I could say that just one report. I'm very glad that Boeing is coming to the Daytona Beach airport. It'll create jobs for Volusia County and Governor DeSantis was there as well so I think that that's a wonderful thing for Volusia County and thank you to Congressman Mills who came to at Mango Tree Drive for a habitat home dedication very glad that he cares about affordable housing. Councilwoman Gillis. I'm gonna cut mine short due to the amount of people here. I attended a Chamber Mixer, our utility rate study workshop, the same habitat ground breaking that Cory Mills came to, the fourth annual regional economic summit, the city of New Nguyen Sumerna's inaugural Juneteenth Gala, the visioning workshop. I attended the Etchwater Landing Community Meeting. I also attended Edgewater's first big local food truck event and was happy with the turnout and was thankful that some of the trucks that came out actually helped try and solstice rewrite some of the ordinances that'll come up later. I attended TPO. I wrote along with the police department and also witnessed the fire department doing their swim tests. And then I also attended Habitat Ded dedication where I was the keynote speaker and I'm proud to say that Habitat so far is built 63 homes in Edgewater since our local organizations started and I will leave it at that. Thank you. Councilwoman Bennington. Well I was also at the Visioning Workshop and we had the ribbon cutting for the new animal shelter addition that we've been working on for about a year now. Beautiful. A lot of room. And I broke my foot in the process. So that's all I've done this month. Councilwoman Dalva. I have last report, but due to the larger agenda we have tonight, I'm going to say Item seven the consent agenda all matters under the listed under the Consent agenda are considered to be routine by the City Council and will be acted upon by one motion there'll be no separate discussion of these items unless discussion is desired by member of the council in which case the mayor will remove that item from the consent agenda and such item will be considered and discussed separately is there a motion to approve the consent agenda I'll make a motion to approve the consent of the second roll call Mayor DePio yes councilwoman Gillis yes yes come to woman Bennington yes, councilwoman d'Abo yes, councilman powers yes, item eight public hearing ordinances and resolutions. We're going to go to item eight M first reading ordinance 2024 dash O dash 27 request for a large scale comprehensive plan to my mid to men chapter one feature land use element of the city edge waters comprehensive plan to add a new future land use category called urban connectivity. please read into the record. Point is number 2024 to show that's 27 in order to the city of edge water and the comprehensive plan future land use element providing for publication or in public hearings transmitting this adopted comprehensive plan amendment to any other unit of local government or governmental agency that is requested to copy the plan amendment providing for conflicting provisions severability and a capability and providing for an effective date. Thank you, staff report. Thank you, Mayor Dupute. The large scale comprehensive plan amendment before you amends the future land use element for the purpose of adding a new future land use category in the urban connectivity. Future land use category, the allowable density of the urban connectivity proposed future land use is 24 dwelling units per gross acre. The purpose of the proposal is to serve as an opportunity to create infill development that reduces the dependence on vehicles while reducing vehicles' mild travel while promoting connection to goods and services such as grocery stores and schools in order to qualify for the consideration for the urban conductivity future land use, staff would have determined that the applicant meets the following criteria. The development must be located within 3000 feet of a grocery store. The development must be located within 3000 feet of one of the following, public park, East Coast Regional Rail Trail, public or private, elementary, middle or high school. The development must be located on our teriel or collector roadway and that the development would provide a minimum of 30% open space. Natural landscape buffers would be required within the development and then a minimum one-water retention or detention pond shall be placed to provide additional buffering from residential development. In addition, all future land use map amendments to the urban connectivity future land use would have to be accompanied by an RPUD rezoning and within that RPUD architectural rendings of the façades, a three-dimensional rendering of the proposed development would be have to be included. Staff has gone through the future land use element and has found that the proposed urban connectivity does meet the intent of the future land use. So we have to go into any of those points or accounts. Thank you. Open to public hearing, applicant comments and presentation. Citizens comments. I'm going to be talking about the public. The public. The public. The public. The public. The public. The public. The public. The public. The public. The public. The public. The public. The public. The public. The public. The public. The public. The public. I'm here and I not used to this kind of procedure, but we're here for NMORE, but part of it is the connectivity, and it's kind of combined together, and we have presentations that will follow kind of, that kind of go and address that, yet it encompasses other things. So I guess for me and I probably for some of the other residents that are here in general the connection of it and speaking to it and knowing us going forward will speak to it also in because it's kind of a combined all. Okay, thank you for your comment. Hi, I'm Mark Matner, a 401-scooner avenue. I see one major flaw in this urban connectivity category in that it has to be on a major arterial road. It has to be within 3,000 feet of a grocery store, 3,000 feet of this or that or whatever. But for the sake of young people that have no automobiles. I think that all these things that it needs to be within 3,000 feet have need to be on the same side of the major arterial highway. Thank you. Thank you for your comment. Jim Kramer, 508 topside circle. I feel this project is trying to change edge water from suburban slash rural town that we enjoyed for many years. The not 294 apartments aren't compatible with our neighborhood. The three-story buildings that are 35 feet tall. That is for the next agenda items, sir. Barbie? That is for the next agenda item, sir. Thank you very much. Thanks. Sorry. What agenda is there? It is 8MN for the next reading, ma'am. Please note questions at this time unless it is related to the agenda item. Ma'am, please note comment at this time from the audience unless it is related to this agenda item. Thank you for time. from the audience unless it is related to this agenda item. Thank you for time. My name's Ed Puglisi. I live at 415, Schooner Avenue in Edgewater. Could someone please help us to understand this agenda item? Seems to be going very rapidly. Mr. Sons, would you like to explain it one more time? The average layperson doesn't seem to really understand it. Appreciate your presentation, but you went through it way fast for us to really take it in. Thank you. So Ryan Solstice, Development Services Director for the City of Edgewater. So what is before tonight isn't correlated to the proceeding items. So what is on tonight, what we are discussing right now is amending the future land use map. What you see on tonight, what we are discussing right now is amending the future land use map. What you see on this screen in front of you are the properties that would qualify for urban connectivity in the city of Edgewater. Now some of those properties are already built on, but it's just a broad stroke through the category, through the overlays. So what is being discussed on this item specifically is that we are amending the future land use to allow for a higher density this 24 dwelling units break or under these conditions. It doesn't mean that it would automatically you would have to be considered in some of those criteria has been illustrated in my staff report. As far as some of the concerns from the gentleman about traffic within the comprehensive plan, high density residential areas is policy 1.5.5 within the comprehensive plan is that high density residential development shall be designated for areas adjacent to more intensive land uses such as commercial and light industrial. Where feasible visual buffering shall be utilized to reduce any negative effects of the residents of such development. In addition, policy 1.6.4, this is from the Comprehensive Plan Chapter 1 of the future land use element. Land uses with high traffic counts. Land uses that may generate high traffic counts shall be encouraged to locate adjacent to arterial roads and mass transit systems. So those are just some of them. I will go through each of them. But tonight what is being discussed on this item does pertain to the other items before the council but what is being considered right now is just the amendment to the future land use. Mr. Mayor if you're comfortable with it can I ask a few questions? I'm just going to ask a few questions to I think maybe help clear up a little bit of where we're going so you have item in which we're on right now which is the urban connectivity item. We will then move to item N, which is relating to the apartment complex, and item O is also relating to the apartment complex. Item N, M, as in Mary, and then N and O are correlated, but they're not directly connected if that makes sense. We, M has to move forward in order for N and O to move forward if that makes sense. We, we, M has to move forward in order for in and out to move forward if that makes sense. Okay. What I want to just, what I want to clarify real quick though is that we understand as a council too, um, is that these sites, if say this item moves forward or we adjust it because we haven't had our conversation yet, we haven't heard from you all yet, will these sites automatically have that designation or they'd still have to come in? Correct. So they wouldn't automatically have the designation. They'd still have to come in and apply. It's not an automatic done deal. Correct. Yeah. So you would have to apply for this and these are the criteria for staff to at least consider that application. If you don't even meet that, those basic criteria that's listed in this proposed future land use amendment, it wouldn't even be able to. So just everyone understands these various properties in the light blue, these are just possible eligible properties. That doesn't mean that they are gonna, they can do that. They still have to come to us and apply for it. It just starts the conversation. That's all that's doing. So anyway, you can then have your comments and have your questions. Hopefully that just kind of helps us understand that this item is separate from those issues, but they are connected in some way. And the reason they're connected is to verify item M would effectively allow that future land use designation up to 24 units per acre. And item N is requesting up to 22 units per acre, 21 point. Right, so N is the rezoning from b3 highway commercial to residential planned unit development that codifies the Cap on the unit count in addition to the standards of the development M as a marry is essentially the Comprehensive plan change to from high from commercial to urban connectivity that would then facilitate the PUD. Because right now our current PUD standards only allow for 12 units. The highest density in the city of Edgewater currently is 12 units a week. Okay. Okay. So we might want to reopen or maybe I don't know we keep having questions. Yeah, I don't know. So we'll still continue to have citizens comments at this time. Thank you for clarifying Councilman Bauer. Did that help? So we're going to open the public hearing. Citizens comments. I wanted to talk a lot of stuff in here. So that. My name is Tom Holdum. open the public here. We're talking about it. Citizens' comments. I want to talk a lot about this. Okay. Okay. I'm here, so that. My name's Tom Holden. I live at 1798 Highway Lane. I'm looking at the bigger picture here. I know that most of these people here are an item concerned about how it's going to affect them directly with this new huge complex coming in. But my concern is more in the future that if this door gets opened, we have properties down the road such as Terramar Village, some of the larger mobile home parks where affordable living for people are those are going to be right pickings for developers with money going. This is a big, huge parcel. Look at that. We could put an apartment complex there. And it's getting harder and harder for the residents of this area and anywhere to find affordable housing. And it's a good possibility it will lose a lot of that with this type of development. In addition, I don't know how Terramar Village being, it's a little different. And in that the owners of those properties, they own the mobile homes to the best of my knowledge, but they don't own the land. So if that project was taken over by somebody, they would be in a terrible position because what do you do with a mobile home? You're going to have to put it on wheels, drag it out of state, out of town, who knows where these people can be extremely displaced. And I think that this type of project is opening door to some really concerning things. Thank you sir for your call. Good evening. John Zedell 718 navigators. The question that looms in my mind is what is prompting City Council to pursue connectivity as a concept? Can someone help me understand where we're going with this? I see the possibility of approval of connectivity as the first domino which will continue to drop other dominoes as we hear and see in the following issues which rely on connectivity to occur. So could somebody help me understand the thinking behind consideration for changing a master plan with connectivity as part of it? Please, anybody. Please, we're jowed to a council member after this meeting. No, I think it's important that we hear that. Let me can I ask, yes you can. We need to hear that. I'm just gonna ask a question. So just so everyone understands, we don't, we don't request for these items. We don't bring these. This is something that staff and the experts put together and bring to us. If staff has a motivation for why they think this is important, maybe that's a way that we can get from them. All we do is give them our blessing as representatives. We don't ask for these things to have. Don't you have an obligation to find out why they're bringing it to you? What is the rationale behind it? We're in that process right now. Yes. And I feel just in the very beginning as we're just learning about it, I feel that part of why they may be doing it is to less than traffic keep more cars off the road. Maybe. Well, I don't know. Please no audience participation. Keep keep keep things closer together so you can not you walk to the grocery store you could ride your bicycle to the grocery store. I think that's where it I think that's where it lies maybe Ryan you can help me out with that but that's how I understand it's a big Mr. Alciss or Mr. Manager would you like to answer? So Ryan's Holstice Development Services Director so part of it has to do with Ryan's Holstice Development Services Director. So part of it has to do with L, which was before this item, which probably would have provided a little more context. So essentially the idea behind Urban Connectivity is correct is to provide connection to goods and services to reduce vehicle smiles, traveled, to allow for apartments in the city of Edgewater because the city of Edgewater has very few apartments. We have very little rental product that is affordable. Most people have to rent a single family home in the city of Edgewater or a duplex unit. There's just less than 50 residential apartment units in the city of Edgewater. And part of this was to design it in best planning practices by putting it close to goods and services, putting it close to schools, public parks, so that there is an opportunity not saying that people will always choose that but that there is a higher chance that people will choose alternative methods to getting around in the vehicle. And that's just a best planning practice recognized by the American Planning Association in urban infill development along a major commercial corridor. And that's where this is originally stemmed from. Thank you. Thank you. I have another question. Has this concept been used in other states and proven valuable to the residents? In other municipalities, urban connectivity and the idea of having goods and services in close proximity to where people live is being done both in Florida and throughout municipalities and another state. It's a best practice. Why people, you know, enjoy living close to grocery stores and restaurants is that it has that convenience. Thank you for your comment. I'll just follow up, Italy. All this item. The question you ask is an important one. I'll just follow up and leave all this item. The question you ask is an important one. Is it a tried and true philosophy? Is it a tried and true practice? Does history tell us that it works? Or is it simply what I consider not smart growth because I see the city of Edgewater as it is not by a mistake but by design. Okay. The nature of our community is basically rural. We are urbanizing it with connectivity. We are probably going to be adding dimensions that we currently don't see. So I think your question is well taken. I think it may be premature to change a master plan without knowing enough about it. And I'm just concerned about it being a domino effect. Thank you, sir. Thank you, sir. OK. Please no audience participation. Agnes, Whitter, 223 Flagler Avenue. The connectivity that you're looking for is just it just pertains to multiple family buildings. It's not going to be encompassing business. And you're just you're looking to focus it all along US one for 42 That's what I'm understanding Mr. Solsis So as you all know staff did not ride the comprehensive plan so when I'm doing these when I'm proposing these things I at the comprehensive plan. And what I was quoting earlier was that policy in the comprehensive plan, where we hire residential development, more traffic is, according to the comprehensive plan, the policy is to direct that towards arterial and collector roadway. So in this case, yes, following that policy that was established in the comprehensive plan would direct this towards, yes, following that policy that was established in the comprehensive plan would direct this towards US one for 42 on those arterial roadways. Please, please refer to the microphone. Just applying to multifamily or to other business as well. So the future land use here does not have a Florida area ratio, so it does not encompass commercial. What it encompasses is that it's a residential, so it is controlled by density. So in this case, it is, you could apply to have urban connectivity. The intent is to get more multifamily through the density. However, there's nothing in the future land use of using urban connectivity that would require you to do multifamily. So that makes sense because it's units per acre. Now granted, if you're utilizing higher units you are going to need a different type of product because single-family home only gets you so many units per acre. Thank you for your comment. I'm not done. So the idea is to provide connectivity for citizens to be able to get to the things that they need groceries, medical care, so on and so forth. But you have areas almost all of edge water, okay, has no connectivity or the existing homes that are here. You can take Florida shores, for instance. If you live in the middle of Florida shores, you've got to get in your car to drive to US one to get a gallon of milk. Okay, you should concentrate on giving connectivity to those people. Give them something in their community that they can bicycle to and walk to. Don't concentrate on US one or our main arteries as the primary things because you got a whole city full of people that are not connected except for the few that live very close to where the grocery stores are and the doctors are so on and so forth. So maybe before you even consider this plan you should try to encompass everybody in edge water and you may come out with a different idea than what you've got now. Thank you. Thank you, ma'am, for your comment. Please no audience response. Hi, Lisa Flynn, 329 Schooner Avenue. I would like to thank you for clarifying what this is about that helped a lot of people. I fled from Homestead, Florida because of this exact situation. They started with one complex. The end and you can't say no. Once they started, they just kept building. It is nothing but apartment complexes across US one, which has increased crime, density, traffic, you name it. It's done. I moved here because it's beautiful. There's nature. It's suburban. I don't want to see this project go through. I understand the connectivity and getting people, but keep it rural. There's other things you can add. There's commercial properties you can add. There's things that will not cause the chaos because once you open, like they said, a domino effect. It's just going to continue. So I just would like you to consider that. Thank you for your comment. Please no pause. Claire Tiber, 616 Charter Lane. I am apologize. I don't understand all this urban connectivity. And maybe you can answer this. We're going from 12 units per acre to now what you're proposing. 24, we're doubling. Okay. And then does this connectivity have anything to do with rent? have anything to do with rent? Cost of what these apartments, you know what I'm getting at? So, you're making it all connected, but are you making it more cost effective? So, in the state of Florida, I can't control rent. So as far as this is to allow the density to facilitate the construction of multifamily because multifamily development at a very low density is just not cost feasible. It's just not possible to build $8,100 million complex when you can only get so many units who are going to then provide Z rents because then the rents would have to be astronomical high to level up the cost. Thank you. Please no pause. My name is George Marshall. I live in Edgewood, Ireland. I've never heard of this connectivity before, and it sounds like some kind of fancy pants plan that people pay ridiculous money for. These services and things that we need are already right there on the highway. So we have to change the whole nature of the town so that I suppose even more services can be along the roadway. We already have enough traffic in our town. And if this apartment complex goes through that you're talking about, we in Edgewater landing are going to have to make an appointment just to get out of our main entrance. But I don't see any benefit to this at all, a whole lot of effort to somehow change what we already have. You already have businesses along the highway. And I think the town is much better off if its growth is more natural than this stop. I just hate to see up in a tire HUD highway out of kinds of apartments and that sort of thing. Thank you, sir, for your comment. Mr. Sultzis, sorry, before your comment, can you please explain this one more time. And if anyone has any further questions or comments or concerns please see councilmember after the meeting but please give your comment and opinion at the time that this is citizens comments. Yeah so again before you is a future land use map amendment to the future land use to the future land use element of the comprehensive plan we are changing the future land use element of the comprehensive plan. We are changing the future land use element to add the urban connectivity future land use, which controls density and intensity. So in this case, we are changing, we are adding this urban connectivity, which will allow for a residential density of 24 units an acre based on the criteria in the staff report within 3,000 feet of a school public park within 3,000 feet of a grocery store. That is to be considered for an applicant to then apply for urban connectivity. It doesn't mean the parcels in light blue on the map would automatically get changed to that This is would then each individual time if so and met the criteria they could then apply to council To change to do this whether a small scale or large scale comprehensive plan amendment to this land use category I'm gonna have a quick question as you say that if this were to go through And this and it gets changed from commercial to the conductivity and the next developer that comes in and wants to do it down the road five years and council that time says no. Even though they checked all the boxes and council says no what repercussions will the city have because the developer did everything that was asked by the city. So it'd be based on even if you wanted to change the urban connectivity. You'd have to find something in the nature of the change. Perhaps it doesn't meet all the criteria or if it does meet all the criteria, it's just not situated in a manner that the city thinks would even though it technically meets the buffer yards it doesn't make there's something impeding it. So we would have to prove something that doesn't fit within that standard. Correct. Then I'll let Mr. Wolf in kind of detail on that. Yeah. When we're talking about changes to the complaint, we would be talking about quasi-legislative decision as opposed to quasi-judicial. So there would be some deference given to the council's judgment. It would be your deference given to the council's judgment. It would be your decision, you know, would need to be passed the fairly debatable test. Meaning if reasonable minds could differ, then your decision on changing the comp plan would be upheld by the courts. So is it. Okay. I'm saying that again. So I understand it better. Yeah. I'm going to say that again. So I understand it better. Yeah. Is it less? Is it less negotiable or more negotiable than a typical p.u.d. It would be more. It's more negotiable. We have more authority. Okay. Your decision related on the fairly debatable standard need only be rationally related to a legitimate public purpose So if the council had concerns about how safety and welfare of the public then you could deny the request to change the So we could claim you know, we don't we wouldn't like the traffic increase So we would be concerned about the proposed safety because of crime and and then that's reasonable enough. Yes a change in the compliment yes safety because of crime and then that's reasonable enough. Yes. Good to know. A change in the conflict. Yes. Thank you. Thank you. So this is calm. Good evening. My name is Andy Gillis. I live at 625 Starboard Avenue in Edgewater Landing. I'm going to be mindful of the time on this connectivity issue. I agree with Mr. Zeno and Lisa about the domino, if this is approved, then what would the City Council, of course we just heard, are there, seems like there's checks and balances, but this opens the door. This opens the door for this higher density doubles it from my understanding 12 to 14. Is that what we want the character for? I'm sorry 12 to 24. Is that what we really want for edge water for the greater edge water area? We want to double our population when we build something just for that sake. Yeah, I mean, it's nice to build something for someone that's close to shopping. We get that, but this is an overgrowth issue. An overgrowth issue. An overgrowth issue. Jeff Brower in Beluja County, he is against overgrowth. We are not against overgrowth. What will we suffer down the road with these outer-place high-density, massive concentration of structures? Property devaluation, more loss of life from a congested highway, increased crime, more of the same up and down route one, more noise, left privacy and security, less quality of life for neighbors and long time residents. This connectivity is out of character for edge water. We had moved, we were in Fort Mars for 17 years, it exploded. Will this explode like that? I don't know, but it would explode in my opinion and it would change Thank you for your comment. Please no audience response. My name is Susan. I'm resident of Florida Shores. Please say your last name for the record. And your address as well. My name is Susan. I live on needle palm drive here in Edgewater, Florida, shores. I've been listening carefully to this and one thing that hasn't been addressed is that if we have this approved and we have this many more people moving in, it's going to impact everything. It's going to impact schools, police, fire, highway department, you know, with more traffic lights in that. Who pays those impact fees? That's something that the current residents are going to get higher taxation. It's the developer going to be putting impact fees in on this, has thought and put into that aspect of it, not to mention the traffic and everything that everyone has mentioned is a concern too, but I haven't heard anything about the impact on all the services of the city. Thank you. Thank you for your comment. Thank you. Thank you for your comment. Thank you for your comment. Theresa David, 1015 Regents Street. The City Council of 2008 and 2012 rubber stamped quite a few developments that we have experienced in the past three years. Those developments that came in and destroyed our natural tree canopy and just leveled the property and restructured it and put it in cookie cutter homes were approved in 2008 and 2012. You are mostly, most of you who are sitting on this council right now ran for office because you were appalled it was happening in the city of Edgwater and do not approve this because I know that you want to control the growth and you may have some positive you know implications but you want to control the growth. Ten years from now what city council is going to be sitting here who's going to rubber stamp more developments for 24 units per acre and it's going to destroy our city in the future. Please do not allow this to go through. Thank you. Thank you, ma'am, for your comments. With respect, I ask a question first. I just say your name and address for the right name is Douglas Frederick 504 C anchor Circle. I'm requesting a simple and my allow to speak twice at this presentation and the second one I don't want to violate any rules. No sir you are not unfortunately one comment or yet you mean a separate agenda. My question is for Mr. Solters. Sir we're not doing questions at this time please only your opinion and comment. But I'm not allowed to speak twice. If it's on different issues. If it's on different issues. If it's on a different issue, yes. My issue is connectivity and urban development statement. I'm not going to address any other issue. Yes, sir. I can still speak at the second time. Yes, sir. Yes, sir. Okay. Please be advised that I've read and heard you propose development being labels as urban development and or urban connectivity. I've also been verbally told by Mr. Soldiers of the City of Edgewater about tax relief provided to propose proposed developer slash owner of this project without being advised as a foundation that being laws rules and or guidelines that developer owner being advised of the foundation. I'm sorry, proposed about must adhere to to legally received tax relief and or government and indoor guidelines that develop her own or being advised to the foundation. I'm sorry, proposed about must adhere to legally received tax relief and our government related funding research. I've done the data provided multiple documents with laws and regulations from state and federal government related to urban development. I respectfully request that laws regulations or guidelines presented for tax relief and our government related funding, funding be devolved at this meeting. So that residents of Edgewater landing can be properly reasonably informed that guidelines, rules, laws, and or regulations that the proposed development owner must adhere to to to receive tax relief and or government related funding. I maintain that this request is reasonable and legal related to full disclosure, the clarity and understanding related to owner development receiving, and legally following guidelines laws, regulations not publicly stated today. Thank you, sir, for your comment. I'm asking for whom to answer the question. No sir we're asking questions. Sorry. Sorry. Thank you for your comment. Edgewater Chuck 205 Cherry Wood Lane. Chuck Martin, M-A-R-T-I-N. It's a damn shame I've got to come down here after working 12 hours in a hot sun to talk about this but I'm going to back up these people in edge waterlandings and the rest of people in the city There's no public talk. You know, so I can come down here and make y'all's paycheck and pay my water bill. Oh god No, we don't need no more. We've had enough. I've lived here since 1969 since I was four years old I'm not gonna put up with it. They're not gonna put up with it But I promise you one thing you want to end your political career go against edgewater landings Please relate to the agenda I See what happened a multi-billion dollar crane company wanted to come in here and build a big Barts thing next to them and you know what they come down here and The guy backed out and he's gone They didn't have that So with what's going on here? We already can't move around edge water You know we got the worst flooding problem around The mortgage bill the mortgage bill the more we flood the more we flood You know we especially down there near edge water landings good God you build, the more we flood, the more we flood, you know, especially down there near Ed's Water Land, it's good, God, you build out front, it's gonna flood them out. You know, you wanna build a $6 million walkway over so people can cross safely? I don't think so. Put apartments over there, it'll be a blood bath where the kids trying to get across, they're road to go to buy a piece of candy at the dollar store. And if you vote, yes, it's going to be not good. So in my opinion, y'all have had a pretty easy sense. You've been elected pretty much all of you, except for the mayor. He's been fighting uphill battle. Please relate it. But so at this point, I want to let you all know that you're all noticed. And I don't want to hear this. Oh, we're going to get sued. We're going to get sued. We got the best damn attorney right here that money can buy. Okay. Aaron the wolf. Yeah. Go up against him in the city. If it gets the council behind him and the city manager, they can go to another town as far as I'm concerned. Please relate it to this. That's why we live here in the city of Edgewater. Yeah, the density. No, it's a big no-no. And we're not going to put up for it. And like I said, if you want to be a blade of grass the John Deere lawnmowers are back here thank you thank you for your comment We have overholtzer 713 Charter Lane, edge water landing. Changes is inevitable, but there's a difference between smart change and dumb change. And we're looking at all this connectivity. We're looking at an increase in population density. Well, living knows the armpit with somebody as far as I'm concerned, doesn't increase the quality of life or the desirability of living in an area. You can only put so much lipstick on a pig and it's still a pig. And if you look at the history of apartment buildings, you know, aren't the rentals and that sort of thing, not just in Florida but elsewhere, after the glitz is gone, and the department's apartment start to deteriorate, the government tends to move in and look for places for section 8 housing. And with the current administration nationally, they're looking for places to put illegals and what better place, high density areas, where they can kind of get lost in the shuffle. So I am dead set against approval of this measure. Nobody's been able to explain to me how it's going to improve quality of life and edgewater landing. Thank you. Thank you for your call. I'm going to have a little bit of short. Hi, my name is Jessica Finton. I live at 2429 Royal Palm Drive in Florida, Shores. I'm a little nervous. I don't know. I've never done anything like this. I did not plan this at all. However, just thinking about this, we have a lot to learn about our history. I grew up going to New Sumerna Beach. This is where we vacationed all the time. We used to go fishing through on the Indian River throughout Oak Hill and Edgewater. I have watched this grow throughout my entire life. Now we have officially moved here and we moved here because we wanted some elbow room. We didn't want to be on top of each other. I'm sure that if little me looked at Florida shores today, she would be horrified at how big that is. But imagine if we had urban connectivity back then. Imagine the amount of houses that they would have potentially approved in that huge area. We already have issues with water pressure drops, with traffic. Imagine what that could do to all of it. Imagine if a hurricane starts coming here and we've got all of those blue areas filled with double the population. Imagine if Florida shores had doubled the population. And all of those people trying to leave the area in a safe manner, we would be absolutely devastated. So I think we have to learn from our past and put a stop now. So that way we don't have a floor of shores doubled in the future. Thank you. Thank you for your comments. Seeing no further, We'll start to the right and go to the left. Okay, that was chosen for us. So just from the gate, I'm not comfortable. I'm not comfortable with the level of density. Please no citizens participation at this time. I really we appreciate you being here. It takes a lot to be here. Not we never see this and so to have the dialogue to have the conversation is important. So thank you for being bought in. At this point, this is a conversation that we're going to have to have publicly. We're only allowed to speak publicly and we need to be able to do that efficiently. So the density makes me nervous and I just want to clear up that staff. It only does. So when was the current plan or current comp plan adopted. A long time ago. Sorry. It's Berzeron or Mr. Sond. Yeah, Sam, do you know? I don't know off the top Ryan Solstice. I don't know off the top of the head. Bonnie, do you know 2000? Okay. Yeah. My point with that.? 2000. Okay. Yeah. My point with that, thank you, Ryan. My point with that is when a comp plan is developed, it's developed with a current council at the time, with certain measures that 20, 30, 40, 50 years from now, that's the direction they want to go. What staff, what their job is to do is look at that comp plan and simply make sure that we're following the complaint that it's consistent, that we're doing what the complaint is demanded for us. Is the complaint only voted on by us or is there a charter process to that? That's just something you do. Okay. Now that's not to say whoever inherits that complaint, we inherited that complaint, right? That's not to say that we necessarily agree with it or agree with the direction that it's going. So how we get to this point is staff just doing their job, they're doing what they're hired to do by making that more consistent. However, we have the final say, we have the final buy-in, you have the final buy-in. So I just want to clear that up. No one's really to blame here. It's just part of the process. Okay. Just to be really clear to, again, just for us in our, in our sake in our conversation, obviously these sites, if urban connectivity moves forward, regardless of if it's at 24 units per acre, if it's at 18 units per acre, if it doesn't pass at all, but if it does pass, these sites are not automatically given that status. They have to still apply, and they still have to meet very specific standards. However, the domino effect and the direction that we want to see moving forward is important to consider. There are certain standards within this and only relating to the design criteria, certain landscape criteria, is that I do appreciate that we don't currently see. But the density does make me uncomfortable. The density makes me uncomfortable. So I need to kind of know where everyone else is with it. Just to address a few things, just over one note too. We'll get more into this when we deal with the following items. But impact fees are always developer paid always The school board has to give approval before it comes to us There's usually always a traffic engineering study done if it's big enough and it warrants that so those things are always before us before they bring that to us Just to kind of clear that up Anyway, that's all I have right now. Thank you for your comment. Well, I appreciate everyone coming out tonight. A lot of good points and a lot of things to consider. Along with school fire emergency exiting, which is great. I never even considered that. In the case of a hurricane, we have to exit quickly. That is another issue upon itself. I agree with councilman Powell about the density. And I'd briefly discussed it with staff. And maybe you guys could go over a little bit for why can't it be a two-store, why can't it be eight or seven building instead of why is it 24 units per acre? Could it be less? And so reach urban connectivity? Yes, thank you. So just based on staff's experience, my personal experience as a land planner prior to being the development services director, the sweet spot for a lot of multi-family developments is typically between 240 to 300 in that range of units and that's where it becomes cost-feasible for most developers to actually build a product. Now those costs are obviously determined based upon all sorts of criteria. The land cost itself, hard, the material cost, whether or not you got to extend PIPES and that sort of stuff. But typically, when you're looking to do a multi-family product, you need to get over 200 units on a site to really make it functionally, to make it just pencil out for the most part. And so when staff considered between 18, New Sumerna has 18 units per acre, and that was in my staff report, staff felt that 24 both can allow for, you know, it allows for a little bit of wiggle room. It's not super high density. You know, you can get three and four story type of products. You can also get two story products. It's when you go too few, when you don't allow enough density, then you really do restrict kind of the height of things. Just based on cost alone, also what is even achievable on site, right? All right, thank you. And the speed, that's a very thing you're in. The speed limit is a critical concern to me as going 55 miles an hour Understand that as we're landing loss a great friend and that's I'm very sorry for your loss with that not so long ago And I understand if I'm if I'm corrected FDOT is in charge of Changing the the speed limit And will that be done with a traffic study if this is approved? It would help. It would help. Now, another question. Can the city make the first move and bring it to FDOT4 discussion? Start a conversation. I think it's so important regardless of whether this goes through or not. It's too fast there. And I think we need to really look at the speed limit. And I'd like to see if the city can have that conversation. We can. Have we not already had those conversations though? That's specifically, though. I'm pretty sure I've written down that route a little bit. Yeah. Again, if we have, just refresh it. Maybe possibly not discounted. Yeah. I do know for the developer they have some things, or safety is a big problem, or a big concern for everyone with the Edgewater landing. And I do know they're going to have licensed plate readers at the interest and cameras all throughout the property, along with the A-foot concrete barrier. So that's two good things that I know that when the staff the developer met with Edgewater landing folks here, there's a lot of great questions asked and answered. And I think there was some give and take. And I'm hoping that some of the residents left to be on a little better about the proposed property. And it's Mr. Newcroak here. Oh, Mr. Newcroak here. Please, Newcroak. Please, Newcroak. Mr. Newcroak, I would see if you would come up and explain in more detail, I have a storm system works. Stormwater system works as pertains to what happens if we get hit with another end and how the underground retention works together with the storm ponds. We're the next agenda. That's something next. Yes. That's something next. Oh. Well, then we're talking about the next. I believe you're referring to the next agenda. Okay. I'm sorry I guess next agenda but this that's something that I think you All right, and that's what I have right now, but I guess I do have one more thing And this property as it stands it's commercial and there's a live local act that is in place That's also for next time. So we'll discuss that later also. It's a big concern to me. That's why I have for you Well, thank you for your comment I Understand that new Samarna has 18 units per acre density. I'm just curious. Does anyone Misses also have you happen to look into what the average municipality in the state of Florida has? I know that we vary each municipality, but I'm just curious if there is an average amongst municipalities. Mr. Mayor, I don't have that number for you. It obviously varies based on how urban, you know, you can go, it really varies throughout the state, right? In every municipality through the future land use controls those densities. And so, you know, the more urbanized you get, obviously, to build a skyscraper you have to go 200 units per acre. You have to get that density, right, on a little piece of land to build that. So, but I could obviously do that analysis, but I don't have that for you tonight. Sounds like this is something that we could possibly workshop in the future if it does not go through tonight for some reason. Councilwoman Bennington. Well, the connectivity, Edgewater is growing left and right, whether we want to or not want it to or not. I mean, we've got developments going up left and right constantly. The Ryan, how many there must be five or six projects, building projects that are going to be single family homes? Please no audience participation. So part of my staff report in L was regarding kind of detailed out just how many units the city of edgewater has. And right now we do have, we have little over 11,000 units entitled in the city of edgewater now. 8600 of those are out west but the other remaining of those are spread throughout the city and so right now yeah we have a number of residential subdivisions under construction within the city of Ed water. But with this connectivity we don't have to let them have 24 units correct it's my understanding what you're saying. We can limit them to whatever we want to. They can have up to 24, is that correct? Correct. It allows a maximum of 24 units per acre. In the proceeding items on this agenda, so the RPUD there limited them to, I believe, 21.68 units per acre. So yes it is because it requires the RPUD the RPUD is kind of that mechanism that allows you to give some control and that's why it was a condition to accompany any application to urban connectivity as to control the site design standards. This connectivity up to 24 units per acre does not mean it has to be done that way. That is just allowing that up to that if something comes up. And we're already, we don't have the places for our children to live. They can't afford to buy the houses that are going up. We're getting a lot of snowbirds coming down and their plunk and cash down for their homes. And the homes are going exponentially. They need a place to live. We have to consider that. It's, we're not gonna be here forever. And we need to plan for the future. And what this connectivity is for future development. It's trying to make the best out of what we have now for the future. You know, cut down on traffic, walking closer to the stores. I'm sure there'll be schools put in here to help with that. You shouldn't be taking all this personal. I mean, I know most of you are from edgewater landings and the next thing is going to be important to you. But this is periodically the the comp plan is updated to keep up with the growth of Florida. Florida is growing exponentially. I mean, come on. It's when I moved to edgewater in 76, there were 3,000 people here. Now there's 26,000, and it's gonna keep growing. So we need to make sure that we have housing. So we don't have these people living on the streets. My daughter had to live in a tent for a while because she couldn't find her place with what she's making. There was a forward on apartment and apartment if she could find an apartment. So we're forgetting that we're forgetting about the next generation. We're thinking about us right now and how it's going to affect us. We need, well we need to think about, I understand, but what I'm hearing is how is it going to affect us? How is it going to affect us now? We need to look into the future and see how it's going to affect the future and what it's going to do to this. This city is going to grow whether we want it to grow or not. Florida is busting at the seams. We're getting, I 16 million people a year coming to Florida. And that's a small amount considering what's really coming. That's what I know, the last count that I watched. So as a council, I think we're responsible to look into the future more than every, my neighbor. They live there. They, you know, they move from Orlando. They love the area. But it's our job to protect the future and the present too. So we have to look to the future and do what we think is in the best interest of present and future. And that's what this is going to do. Open it up for a future. That's how I see it. I don't think this is written down. This is a comprehensive plan. It's just an outlay of how we want it to grow, but it doesn't have to grow that way. And it can be changed at any time. So I think we need something like this. You, most of you disagree, but you know, I've lived here most of my life and what has happened to Florida shores that you could drive in Florida shores for miles and never see anyone. Now, you can't drive a block, you can't drive a house without houses all around you. And that's just growth, that's people. You can't stop the people from coming, you have to have a place to put them. Oh, kills growing. Please, no public response. Please, no public response. Okay, okay, okay, okay, they're busting at the seams. Newsomers busting at the seams. We all need to think about the future of our children and their children too when we're looking at this. And worrying about whether somebody's going to get hit by a car. I know it's a terrific thing to think about. I hate to think about it too. But that is a small picture. We're looking at the council right now. We're looking at the big picture for the future. And just because we're allowing 24 units per acre, doesn't mean we have to do it. It's just like, please no public comment. I'm not saying anything other than we need to look to the future. This comprehensive plan needs to be updated. This is the latest update. This is how they're doing it across the country. Just because we're doing it across the country doesn't mean we have to do it, but we have to be aware of it and try to fit our community into the growth pattern that is happening all over Florida. And that's all I have to say about it. Councilwoman Gillis. I agree we have got to plan for the future of my fear before the fear. Sorry. I agree that we have to plan for the future but honestly my fear for the future is what some of the residents has said is opening floodgates. I am when I look at this blue map, the powder blew up and down US one. I just see the council 10 years from now trying to beat off apartment complexes with a stick trying to keep them away. And I'm already, I mean, we've got 11,000 homes that are already coming. So we are building more for more people to move here. And I'm just, my concern is by doing this, we are just going to have even more trying to build up in these areas. And I've gone over this map and so many of these places, I mean, as somebody else had said, we've got some of like the lower income trailer parts that are all encompassed in there. And what happens if somebody comes in and buys that up and all of them have to move and then they're left with nowhere? I just, I've got a lot of concerns with how much, how much blue is on this. I can't see if they see it from here, but how much blue is on this map that it opens up. And it's, and it's and a week. I'm concerned with what could come and like there's so many of these so many houses are getting built now. There are people are upset with and as Teresa had spoken up at the mic, it's a lot of this was in 2008 and 2012 and I don't want to be looking back 10 years from now and have somebody say Oh, it was this council that you know allowed all this on you as well. I'm just really I'm not comfortable with doubling that density and in giving them that option in such a large expansive place It's just I don't think it's right. Please note public participation. Close to public hearing is there a motion to approve? I don't know if I would like to add one more thing if I can. Sure councilman powers. So okay again these spots were just the spots that were identified that potentially could have the designation. Council still has the negotiating power. the negotiating power. But, um, in WM, sorry, I know you were going to touch on this, the local thing. But this, because this is connected to the next item effectively, this item is, needs to be discussed. It needs to be discussed before we discuss the next item. There was just, and I'm just playing Devils Advocate and I'm just thinking out loud, there is legislation that was passed by the state that strips away local governments authority. It was a live local act. And basically with the state set as a developer comes in and provides certain mixed use. So residential with some commercial and 40% of the project does have to be affordable housing. They can come in, do what they want, not meet city standards. Highest density? They can go up to the highest density. They can go up to the highest height. There's no landscaping requirements. It's bare minimum. And so my concern is, you know, what is the product that we get if we don't at least step into the conversation? I think that's what I'm wrestling with right now is at the end of the day, all of these sites could be eligible for live local without us actually enacting some sort of standard. The state of Florida in that legislation, the intention was to assist with more affordable housing, but in the process they stripped away our due process. They stripped away our authority. Anyway, I don't know. I don't know if we wanna reduce density. Well, that would be Mike, we consider you're saying that as far as the live local, they could go for the highest density, but then that would even make me more uneasy about raising our current density. Yeah, how does that work then, Ryan, if we keep it the way it is and someone tries to come in under the local? Ryan, Soul, Sister, Velman, Services Director, so it would have been helpful to have L, maybe I can touch on L just really quickly. So L was a, is a text amendment change before the council. And this is to an interest perfect economic viability neighborhood cohesiveness and quality of life in the tax base in the city of edgewater. So live local as you noted, it allows a developer to utilize multi-family in a commercially-zoned property industrial or mixed use at least 40% of the residential units and proposed multi-family development for a period of 30 years or affordable. That's defined by 120% AMI. 120% AMI in Volusia County is $82,000, 800. So the associated rents with that is 1740, or one bedroom, 1864, 442 bedroom, and 2238. The average median income in the city of Ed Water is $56,000. So, and if you utilize live local, and so the city, one of the caveats there is, yes, you get to use the highest density. So in this case, if urban connectivity was approved, they would be allowed to 24 units an acre. What staff did in item L before you tonight is they codified a lot of what we required in the PD for this developer into the text so that anyone coming in on live local would have to adhere to certain standards. So right now on a live local project between manufactured home park you have a 15, 20 or a 35 foot landscape buffer. That's how the code is currently written and that's how staff would have to review a live local application for a landscape buffer. And I think the biggest thing about this is that it gives a 75% tax break under live local. And so the city would only, the city would have to review it based on our current code, which L is amending that to help protect cohesiveness of our community, but until that is adopted, someone could then do what is based on the code, which is in the case of edge water landings of 15 to 20 or 35-foot buffer with different number of plantings. But they would then also not pay, they'd only pay 25% taxes. So, you know, there's a lot of things that the state has usurped through the Live Local Act that L is an attempt to help protect the city of Edgewater. So, and I appreciate that. If the density stays at 12 units per acre, no, I'm saying if it stays where it currently is. Oh, yeah. Even under live local, do they still only have to meet that standard? Like they only can go up to 12 units per acre. So they can only choose the highest density within the city, which currently is 12. As it stands now, they could do for the subject property on tonight's agenda would be 164 units. And 40% of those would have to meet that 120% AMI threshold. So they could still come in under-live local. In under-live local, this is not a us thing. This is a state thing. They would only have to pay 25% of those taxes to us for 30 years. We would only see 25% of the tax. Correct. And also I do want to bring up that the median wage in Edgewater is 56,000, but they took it from Volusia County, which is 82,000. And it would be in another, you could charge rent, which is 20% higher than that, because it's 120% AMI. So if they came under okay, so if they came in under live local they could take the county median income. Correct because it's based on the Florida Finance Housing Corporation. So it's out the county average median incomes. So it's already it's already not a good thing for edge water and then the fact that it'll still be will not not be affordable for edgewater, because it's still, it's going the income on the sprinter. And we're way lower than New Smonna, but we're going to have to take the New Smonna as the average. And then on top of that, the project will not have to pay, go and pay 25% taxes, which is a big deal. The residents will have to absorb all the food, fire big deal, the residents will have to absorb all the fire. Everything the residents will absorb that for 30 years. And what I want to be very clear with, the way that the project currently stands, it is not under live local currently. It is not under live local currently. Correct. But if we don't move forward with this conversation, if we don't move forward with... If we don't at least pass L tonight, then a multi-family developer would be able to utilize the current code. The current code really doesn't have, so L, for example, sets in the Menody package, based on the number of units you have to supply certain types of amenities for that development. You have to do more standards in order to utilize live local. And that is what is delegated that the state allowed the cities to do is to assign a zoning category for multifamily. So in this case, we put multifamily under R5. It allows all the other uses, but. I think my concern, I think the point that I'm trying to make, and just for us to understand is that the same piece of property that will later be discussed at the next item, could still come in under state legislation, still have a decent density, with throwing whatever commercial use next to it, whether it be warehouses or whatever else It to me it's kind of it's more of a matter of what product rather than if I think that's what's concerning So anyway, okay, thank you Ryan See no further council comments. We cannot we have to pass or not pass M before we can L be discussed and approved regardless of M. Yeah, that's just design criteria. Yeah. 8L is a text amendment changes to the land development code, establishing that standards under live local, codifying and it's kind of simplifying where a developer would look. And it's synthesized it to one zoning district where you would take those standards, how to apply it. Because right now the city allows multi-family and multiple zoning districts. So you could kind of piece me where you want to take your standards from. And this says no, the standards are here for multi-family. This is what you have to add here too. So we can still go back and deal with L. Yeah, L is completely dependent. Okay. Yes. That was that was the year. Seeing no further council comments close to public hearing is there a motion to approve? I'm going to go ahead and ask for the approval. Seeing no motion to approve the motion fails. Please no public participate. Thank you. Item 8N. First reading. Ordnance 2024-0-28. Request for large-scale comprehensive plan amendment for 13.56 acres to amend the future land used from commercial to urban connectivity for properties generally located east of US 1. In particular, the Bianca Roadgwater, amended the comprehensive plan is amended by men in the official future land use map from city of Edgwater commercial to city of Edgwater urban connectivity for 13.56 acres of certain property, generally located east of US 1 in North of Roberts Road, parcel ID numbers 841201006084120100708412010007171 Edgwater Florida, providing for public hearings, funding consistency, providing for public hearings, funding consistency, providing for conflicting provisions, severability and applicability, and providing an effective date. Thank you, staff report. Right, since the council decided not to go through the process of emending to comprehensive plan to create the urban and activity land use, future land use, then ordinance 2024-O-28 could not be approved because this is asking for a change to urban connectivity, which is not going to be part of the city plan. Thank you for your report. Please note public participation. At this point in time, we will take a brief recess for five minutes. Okay. Item 80 has been continued and we are going to start on 8A public hearing ordinances and resolutions. Item 8A, second reading, ordinance 2024-0-14, request for annexation from unacorporated Volusia County into the city of Edgewater for properly generally located at 1575 Massey Road. Please read into the record. Morning, summer of 2024-0-14 in Ornans, annexing 21 plus or minus acres of certain real property. Look here debt 1575 Massey Road Partial ID number 73440800122 Please accounting to the city of Edgewater, Florida. In addition to the jurisdiction obligations, benefits and surleaches of municipality, many of the description of the federal court's limits, providing for filing with the court for the circuit court, for the city of County, the Lucia County property appracer, and the Department of State, providing for conflicting provisions, separately providing for an effective day recording and adoption. Thank you, staff report. Yes. Citizens comments. Council comments. I believe this is going to be a blueberry farm. Correct. This is just a simple annexation. Yes, absolutely. For property that is already located, pretty much in the city of edge water. Close to public hearing is there a motion to approve? Mr. Mayor, make a motion to approve ordinance 2024-0-14. Second. Roll call. Mayor DePue. Yes. Councilwoman Gillis. Yes. Councilwoman Bennington. Yes. Councilwoman Robo. Yes. Councilman Powers. Yes. Item 8B. Second reading. Ornus, number 2024-0- the state of the state of the state. The state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of the state of The plan is amended by men in the official future land use map from Felicia County Urban Low Intensity and low impact urban to city agriculture with conservation overlay for 21 plus a minus Acres is certain real property. Look at that 1575 mass Uropa, so ID number 734408200122, edgewater floor to plan for public hearings, finance and consistency, provide for a completely in provision, severability and a facility and provide an effective need. Thank you staff report. Yes, or this is also the second reading and there is no additional information staff available to answer any questions. Open a public hearing. Citizens comments. He is a licensed trained auctioneer. Council comments. Yeah again this is just this is the same piece of property. It's going from agriculture to agriculture. Nothing has changed. I just make you that point. I wanted to look for a point to say this just in case it wasn't heard because we moved very quickly just so the audience knows that O was currently pulled or continued. Hold. Hold. Hold. Hold. Hold. Hold. Hold. So, oh, it's pulled. So, because the other motion failed. So, that PUD with the apartments that most of you are here for. I mean, I love that there's participation. I love that you guys are here, but I don't want you guys to be sitting and waiting for that item to come up because I know it kind of moves. He said it really fast that, oh, has been pulled. Right. It items 8N and O relied on 8M being passed with that failed, so items 8N and O have been pulled from the agenda. Thank you. Please. It failed, so the motion will not be brought up again on this agenda All right, so are we ready? We just where are we? We are yeah AP Looking for a most take a recess for two minutes for two minutes. A transitional agriculture A3 to the city of Edgwater Agriculture AG for the property located at 1575 Massive Road please read into the record. On December 24, I showed at 16 in the order to screen in the change in the planning classification for the county A3 and A31A resource corridor and R3A transitional agriculture to city AG agriculture for 21 plus of minus acres of certain property located at 1575 Massive Road. Parts of the city's budget is $1,000,000, three and a three one a resource corridor and R3A transitional agriculture to city AG agriculture for 21 plus amount of Secret of Internal Property look here at 1575 Massey Road Parts of ID number 734408200122 at water for many the officials Any map of the city that's water for completely provisioned severability and a property provide for an effective date recording and adoption staff report Yes, or this is a second reading there is no additional information but staff stands ready to answer any questions open the public hearing so this is comments Council comments Okay, is there a motion to approve close to public hearing I'll make a motion to approve ordinance 2024 20 24 20 Oh wait 16. I'm sorry. I had it closed off. I'm trying to go faster than tonight. We really roll call Mayor Depu yes, councilwoman Gillis. Yes, councilwoman Bennington. Yes, councilwoman Davo. Yes, councilman Powers. Yes, I didn't make the second reading This number 2024 dash or dash 20 request for annexation from on a corporate of Volusia County into the city of Edgewater for property located at 35th Street in Indian Palm Drive, please read into the record. On this number 2024-0-20, in order to annex and 3.7 plus of monosacres, there's a real property located at India Palm Drive in 35th Street, Parts of ID, Number 841-100-000-0011, who's accounting to the City of Edgewater 40, the jurisdiction of obligations, benefits and privileges of the municipality. If any of the description of the City of Edgewater corporate limits, providing for filing with the corporate district and corporate legal accounting, we're accounting property and property and department and state, providing for conflicting provisions, several building and property, run for an effective date recording in our doubts. Staff report. Yes, so this is a second reading. There's no additional information but staff is available to answer any questions. Open the public hearing, applicant comments or presentation. Citizens comments at this time. Okay, council comments. It's a local gentleman who owns this parcel who lives near the parcel and wants it into the city for the future. Seeing no further council comments, plus public hearing is there a motion to approve? Mr. Mayor Mika motion to approve ordinance number 2024-0-20. Second. Roll call. Was the second councilwoman Bennington? Yes it was. Mayor Mayor Depue. Yes. Councilwoman Gillis. Yes. Councilwoman Bennington. Yes. Councilwoman Dalbo. Yes. Councilman Powers.ton. Yes. Councilwoman Dalbo. Yes. Councilman Powers. Yes. Item 8E. Second reading. Organs number 2024-0-21. Request for a small scale comprehensive plan amendment from Volusia County Urban Low Intensity ULI to the City of Edgewater Medium Density residential for the property located 35th in an E-Pond Drive. Please read into the record. Organs, somewhere in 2024--A show-dash 21. In order to the city of Aguora, many of the comprehensive plan is amended by many the future land use map from Volusia County Urban Low Intensity to city medium density residential for 4.05 plus of Monticello's is the normal property. Generally located at E-POM drive in 35th Street, partial ID numbers 1-1-0-0-0-0-0-0-0-1-1-8402-01082590, as well as a floor to provide for public hearings, finding its consistency, providing for a completely provision, several building and a clickability, and providing an effective date. Staff report. Yes, sir. This is a second reading. There's no additional information, but staff is available to answer in question. Of the public hearing, since his comments, of the public hearing since his comments. Council comments. Those are public hearing is their motion to approve. Make a motion to approve ordinance number 024-0-21. Second. Roll call. Can you get it out? Mayor DePue. Yes. Councilwoman Gillis. Yes. Councilwoman Bennington. Yes. Councilwoman Dabo. Yes. Councilman Powers. Yes. Item 8F. Yes, yes, yes, yes, yes, yes, I'm a second reading on this number twenty twenty four dash or dash twenty two Request for rezoning from Volusia County are three to the city of Edgewater residential plan you Development our PUD for the property located 35th Street and Indian pond ride. Please read into the record On a summer of 2024 dash 22 and on, running a change in zoning classification from county R3 urban single family to city R3 PUD, residential planning and development for 4.05 plus amount of sacred certain property. Generally located at India Palm Drive in 35th Street, partial ID numbers 841-1-0-0-0-0-0-0-0-1-1-1-840-2-0-0-1-0-8-259-0 2590, Edward, Florida. Any of the officials that only map the city of Edward are providing for completely improved vision, severability and applicability, providing for an effective day recorded in adoption. Open of public hearings, Stafford for. Yes, or this is a second reading. There's no additional information. Staff's available to answer any questions. Citizens comments. Council comments. What's the public hearing? Is there a motion to approve? I'll make a a lot of things. What's the public hearing is our motion to. I'll make a motion to adopt ordinance. 2024. 022. Second. Roll call. Mayor DePue. Yes. Councilwoman Gillis. Yes. Councilwoman Bennington. Yes. Councilwoman Dalbo. Yes. Councilman Powers. Yes. Okay. Item 8G. Second reading. on powers. Yes. Okay. Item 8, G, second reading, order is number 22, 4-0-23, designing certain properties as Brownfield's area to be known as the Edgewater redevelopment area. Area ERA for the purpose of environmental redemption rehabilitation and economic development. Please read into the record. On December of 2024, I showed as 23 and on the City of Edgewater. Florida designated the properties set out on exhibit A in the city of Vegewater Florida as a brown field area to be known as the Edgewater redevelopment area, ERA, for the purpose of environmental remediation, rehabilitation and economic development. Recting the city clerk to transmit a certified copy of this ordinance to the Florida Department of Environmental Protection, providing for complete the provisions, several voting and a fully provided an effective date and adoption. Staff report. Yes sir, this is second reading. There's no additional information, staffs, real, ready, enable and willing to answer any all questions. Thank you. Open a public hearing. Citizens comments. Agnes Whitter, 223 Flagler Avenue. I'm just wondering who funds the Brownfield's remediation? Mr. Manager, do you have an answer? I'll call this here also as an applicant's attorney, you probably should have addressed y'all before this. Does any of the does Edgelotter's citizens tax money also contribute to it or is this? Let's hear from the applicant who's right behind you first. And then thank you. That question will be answered. And you will also be able to allow that time as well back to you. will also be able to allow that time as well back to you. Good evening, Mayor, Commissioner Council Member, it's Michael Schnaps, Tyler with Cobb, Cole, one Daytona Boulevard, we recently moved. Daytona Beach, Florida, 3214. I wanna thank staff for helping bring this item before you this evening and this here on second reading. Okay, little tall, so I, you know, a little more. Sorry, slunched over. My practice focuses on environmental cleanups. I love this work, I'm very passionate about it. I get to travel all over the state of Florida, working with local governments because the brownfield redevelopment process truly starts at the local government process. That's getting a brownfield area sends a message to the state that environmental cleanup is something that the city prioritizes for a specific property. It doesn't change the land use, it doesn't change the zoning, it doesn't approve any specific development plan that all has to either be before you in a separate application or because there's existing land use and zoning that can move forward with your site plan process and all that. So all this does today is send a message to the state that you would like to expand your existing Brownfield area, which is in the turquoise on the map that's up on the screens, to include the green area, which our client has investigated and determined that there are some environmental issues that merit a cleanup. Entering the Brownfield program requires the developer to follow the state standards, just like any party that caused the cleanup itself. So our client, if it enters the Brownfield program, would have to sign a voluntary agreement with the state that says they've got to determine where the contamination starts and stops, come up with a plan to remediate it, follow the most strictest standards that the state applies. There's no, at a jail free card for an environmental cleanup under the Brownfields program, you are agreeing to voluntarily be the responsible party for the cleanup. The developer has to pay for that cleanup themselves. There's no local money unless the city wants to grant it to a developer, which is not the case here. There's no federal funds available for the developer, the developer under that brown food agreement is contractually obligated to fund and complete the cleanup on its own, hiring its old consultants, professionals, labs, remediation contractors, and the like. In exchange for doing that, the state does provide a sales tax, I'm sorry, a corporate income tax refund equal to a percentage of cleanup costs. So if you have let's say a $100,000 cleanup, you can apply for a $50,000 corporate income tax credit so that when the business goes to pay its corporate taxes, it'll have this certificate that it could use to offset their taxes. But that doesn't come from the local government. It's set by statute that comes as a state incentive. Most parties that redevelop brownfield sites don't pay Florida corporate income taxes. For example, the city of Daytona Beach has developed brownfields and rural, Bethuncookman University. Advent Health did the healthcare facility at Dunloughton in 95 on an old dump site. So they sell the tax credits to parties that do pay income tax banks and insurance companies and things like that. But again, no local funds, it doesn't affect your property tax values. In fact, the research shows that designating a round-field area does help increase property tax values because that means that the research shows that designating a brownfield area does help increase property tax values because that means that someone is going to clean up the site and take that stigma of a contamination issue out there. And like I said earlier, we have done an investigation of the site. We know that some dumping has occurred out there by, you know, previous parties are client has not caused or contributed to the issue they're a prospective purchaser they would come in continue the investigations continue the work out there and work with the DEP to reach a cleanup that is protective of human health and the environment. I'm happy to answer any questions you have as you can tell I'm very passionate about this I care a lot about this work we respectfully request your support on second reading this evening. Thank you. Thank you. Citizens comments? I approve of declaring this property a brownfield. The contamination needs to be addressed before the property is developed. The residents of Regent and Bond Street know that a tree survey has already been done and since the June City Council meeting a survey team was working on the property. The city planning department was approached several months ago with a development plan. Our planning department turned that plan down because of their concerns over the increase in traffic that would result. Because of this activity, we felt the need to make our concerns known at this time. The residents of Regent and Bond Street are very concerned about the stormwater runoff that comes from the coal property and floods Regent and Bond Street. In 2004 with Hurricane Charlie Francis and Jean we had street and yard flooding. After the street and yard flooding of both Matthew in 2016 and Irma in 2017 I had representatives from environmental services in my backyard to show them the pond that stayed for weeks in my yard that extended from the coal property. Ian flooded 22 of the 52 Plex units on Regent and Bonstrey. We want to make sure that the developer is aware of the flooding caused to our neighborhood from the coal property and that this situation is addressed and alleviated. The area bordering our neighborhood and the coal property is a mature tree canopy, a natural wildlife corridor, and a natural buffer between our subdivision and the future potential subdivision. We would like to see it retained. We are requesting a 50 foot natural buffer to extend the length of Registry. There is also a healthy Gover Tortoise population residing on the property, and I have several neighbors to attest to the go for tortoise activity. A 50-foot natural buffer would be a good provision for this threatened and protected species. I know that there are limitations to the development of this property due to the filled-in shell pit. The developer should not jam in as many units as possible to compensate for the land that they know in advance could not be built upon. Not only will a high-unit count subdivision cause an increase in traffic down neighboring residential streets of Florida shores and Flagler Avenue, it will also result in an influx of students into Edgewater Elementary. Does the school have the capacity to accommodate more students? I have a petition signed here by the residents, the homeowners of Regent Street, and I would like to submit it with our concerns. I also have a petition signed by the residents of Florida shores and Flagler Ave with their concerns, and I have some pictures of the local wildlife. There's in our backyard that we happen to appreciate. We will continue to voice our concerns in the future. Thank you very much for serving our city. Thank you, please submit it to the city clerk. Please no audience participation. Seeing no further, in this instance comments, council comments. What's the public hearing? their motion to approve? How many can motion to approve ordinance 20? 24, 028. I mean 23. So getting ready. Roll call. Mayor DePio. Yes. Councilwoman Gillis. Yes. Councilwoman Bennington. Yes. Councilwoman Davo. Yes. Yes, once a woman double. Yes, yes, yes, items H I J and K have been continued items M N and O are as well L as well, sorry, no eight. We need to your eight L. Okay Item 8 L first reading ordinance 2024 dash O dash34 request to make text amendments changes to chapter 21 of the land development code article 2 definitions article 3 permitted conditional accessory and prohibited uses article 4 resource protection standards and article 5 site design criteria please read into the record. On December of 2024, I showed S34 in order to the City of Edge Water, Florida, and many in Article 2 definitions, Article 3 permitted conditional accessory in prohibited uses, Article 4, Resource Protection Standards, and Article 5, Site Design, criteria of Chapter 21 Land Development Code, to establish standards and procedures for development of affordable housing projects and commercial industrial and mixed-use zoning districts, pursuing to Chapter 2023, 17 laws of Florida, the Local Act, providing for completely provisioned severability and accountability, run for an effective date adoption and the kind of application. Okay, please staff report. Thank you, Mr. Mayor. So we've discussed this prior on different items. So this is to, in the interest of protecting economic viability, neighborhood cohesiveness, and quality of life in the tax base. So as illustrated before, the local act allows by right a developer to apply for a site, plan for multi-family utilizing the highest density in any commercially zone property, industrial zone property, or mix use zone property. They are also allowed to pull the highest height within a mile and they get that 75% out of Lurham tax reduction. So what staff has done in this proposed change is increase the open space in Article 4. So from 51 to 150 units, you'd have to provide 35% open space. Over 151 units, you'd have to provide 40% open space. We have also made edits to the minimum step back requirements within R5 for multi-family developments. So local roadways are 25 feet, collector roadways 25 feet. Arterial roadways are 50 feet, side stepbacks of 65 feet, and so forth. We've also included an amenity package. So it lists out minor and major amenities, so depending on how many units, so it goes from 10 to 20, 21 to 50, so on and so forth. As you go up in unit accounts, you have to provide a variety of different amenities that staff have outlined in here. In addition, staff has reworked the landscape buffer yards to provide more landscape buffers for multi-family against other developments. In addition, staff has edited the buffer yard Yard Matrix Table V3 and Article 5 to address some of the concerns of receiving variances or commercial properties. So some of these do reduce the buffer yard width of that class C landscape buffer, which in the current Article 5 is either a 30, 40 or 50 foot landscape buffer. In most cases, this becomes a 20 or 25 foot landscape buffer, but with more planting requirements. So right now the code just requires one tree for every 1500 linear feet. But in this case, you would have to place six canopy trees for 100 linear feet. So it just makes the buffer much more dense, but it's in an effort to curb the number of variances that staff are getting because of the nature of a lot of our highway commercial properties and our B2 neighborhood business commercial properties where they're requesting these side dirge and rear yard variances and getting the proof by the planning and zoning board. And I'll answer any questions council may have. Thank you. Open to public hearing, citizens commons. Council commons. So just a question real quick. Underlive local, did the state strip away any impact fee requirements, or are they still required to pay those? Yeah, they're still required. So they just get the, if they do come in under that, they're just granted the tax credit. And that's, that's the major impact you ask. Okay. Well, that in, that in, without this ordinance, L, they would be kind of allowed to do cherry pick the code based on where multifamily exists in the code currently. So I just want to make that really clear on the record that we cannot prevent somebody engaging in a project under the Live Local Act that is completely out of our control. But what we can do is soften the impact and design at least kind of try to soften the blow and that's what this is doing. This is holding the more accountable. So thank you, Ryan. I just want to say thank you for poor thinking. This is going to help edgewater. Hopefully we this doesn't come to that but at least giving them some boundaries. Thank you. Yes, I agree. I think we all agree. And just to be clear for anybody that's like Washington doesn't understand this doesn't affect any density or anything we discussed earlier. This is all doing some housekeeping as far as buffers. Yeah, this is really setting standards for multi-family developments by right and then multi-family developments under live local and establishing a landscape buffer buffer yards that are what people are choosing now but enhancing them so that as far as the width so people are choosing the smaller width buffer yards but enhancing them with actual required plantings because a lot of times they don't have because of the tree requirement. They don't have as many trees as this one has. And actually just making them put a wall in or a fence instead of just constantly trying to get around that through variances. Yeah. I think also it'll have a better appearance as well. Did the extra. With the act of reason and shrubs. Thank you. So it'll have a better appearance as well. With the extra. Correct. Reason and trust. Thank you. Okay, close the public hearing. Is there a motion to approve? Make a motion to approve. Point of number two zero two four dash. Oh, dash 34. Second roll call. Mayor DePio. Yes. Councilwoman Gillis. Yes. Councilwoman Battington. Yes. Councilwoman Gillis. Yes. Councilwoman Betty. Yes. Councilwoman Dalbo. Yes. Councilman Powers. Item 8p for oh, yes, sorry. Thank you. Item 8p first reading ordinance number 24-0-38. Request to amend chapter 10 of the City of Edgewater's code ordinances to regulate food trucks. Please read into the record. On a summer of 2024-0-38-38 in ones of the City of Edgewater, Florida, many Chapter 10 health sanitation, property maintenance and code enforcement of the code of ordinances, providing for conflicting provisions, severability and a preventive form effective data adoption and codification. Staff report. Thank you, Mr. Mayor. So we brought the food truck ordinance to council a few months back in response to some stage statute requirements that had changed. So the after that past there was some public outcry about regarding those regulations. So staff met with several food truck owners in the community and have come up with several changes that we feel both protect the community but also allow them to operate in a less restricted manner but still to adhere and abide by kind of the principles and the essence of what we were trying to go for around on the first round. So in this case we amended it from 7am because I know that was a sticking point to 6am for commercial and then industrial. We did in the industrial zoning district, you can start at 5am. We are allowed so it clarified kind of the Florida power and light. It's not a city utility so you can get a poll dropped on that was a bit of an issue. And then just kind of cleaned up some of the language where and where you can't park, how you can park, what type of flags you can have on the food truck, what type of advertisement you can have an ease allow. Just to allow some of that flexibility in what the food truck owners, how they operate, just being cognizant of that. Thank you, sir. Citizens comments? Council comments. I just wanna appreciate this is really proactive. This is, you know, we kind of set this emotion. We saw what didn't work, staff addressed it. It was incredibly proactive with that. While listening to the, you to the concerns of the owners. So I really, really appreciate our process working through this. So thank you. I echo. I'm going to say the same thing. I spoke to the different food trucks that met with you and they were all pleased with the outcome of the meeting and they were happy to move forward with it. And those are ones that like live and work in edge water and they're bringing business back to the area which I appreciate. Is there close to public hearing? Is there a motion to approve? Mayor, make a motion to approve ordinance 2024-0-38. Second. Roll call. Mayor DePueh. Yes. Councilwoman Gillis. Yes. Councilwoman Benning. Yes. Councilwoman Gillis. Yes. Councilwoman Benning. Yes. Councilwoman Dabo. Yes. Councilman Powers. Yes. Item 8Q. First reading. Ornus, 2024-0-35. A men's section 4.05. Benefits upon. Reappointment after retirement. I've article 4. Retirement benefits of the police officer's pension plan. Please ring to the record. On a summer of 2024, I showed at 35 in order to the City Council of Edgwater Florida, meaning the City of Edgwater Florida Police Officer's pension plan, providing for amendment to section 4.05, benefits upon reemployment after retirement, to provide for a continued receded pension benefits after retirement upon reemployment, providing for conflicting provisions, severability and applicability and providing for an effective date. Staff report. Yes, sir. The police pension board would like to change their plan. So it would provide continuous receipt of benefits. What's worth a member of retired should remember become re-employed or just continue to work for the city plan benefits would also continue. An actual area impact statement shows there would be no funding impact on behalf of the city for this benefit change. In fact, there is a monetary savings to the city. Currently, the city pays out 46.5% of pay under the current defined benefit plan to 12% under the defined contribution plan to come into sale. So the recommended action before you sign is a motion to approve ordinance number 2024-0-35. Other than the public hearing, citizens comments, council comments. Does the public hearing, is there a motion to approve? I'll make a motion to adopt ordinance. 2024-035. Second. Roll call. Mayor DePueh. Yes. Councilwoman Gillis. Yes. Councilwoman Bennington. Yes. Councilwoman Dalbo. Yes. Councilman Powers. Yes. I name eight R. Resolution, 2024-R-10, fire assessment. Please read into the record. Resolution number 2024-R-10, resolution of the City of Edgewater Florida, relating to re-imposition of a fire services assessment for provision of fire protection services, facilities and programs. Providing authority, purpose and definitions, providing legislative findings describing the method of assessing the fire services assessment costs against properties within the city of Edgewater. Determining the fire assessment costs and initial fire services assessments, directing the preparation of an assessment, role authorizing the public hearing, directing the provision of notice there are four run for severability, confidence and an effective being. Staff report. Good evening, Mayor and Council, Bridget Vess here, Finance Director with the City of Edgewater. The fire assessment fee brought before you this evening. City Council approved the first year in fiscal year 23 for the fire assessments that would be imposed against real property for the purpose of paying for fire protection services. Staff is recommending the continuation of fire services assessment for fiscal year 25. The initial fire assessment resolution sets the tone for the assessment provides for purpose and definition for various terms associated with program. Once adopted, notification of the property to the property owners of edgewater would be sent out first class mail via the trim or truth and millage notice. The fire assessment fee will be imposed until discontinued or changed. The fire service assessment rates of $50 per residence commercial at 0.03 per square foot. Capped at 97,000 square feet. Industrial warehouse at 0.01 per square foot. An institutional at 0.05 per square foot. The estimated growth revenue for fiscal year 24, 25 is $704,041. The estimated exempt by down is $704,000. The estimated exempt by-down is $32,000.37. Collection cost of $49,665. With the estimated net revenue at $622,339. So staff's just recommending holding the rates the same as they were in prior year Motion to approve resolution 2024 R-10 Thank you. So this is comments Council comments This is the third that we'll be entering into the third fiscal year I believe with the fee Yes, sir And just a little bit of context, the reason we initially are counseled the time and the reason we entered into this, we sort of swapped tax assessment funding with fire assessment fee. So our tax revenue is based on property value. If we experience another recession or some sort of economic downfall in our property values tank, that reduces available revenue. It, you know, is for us to be able to provide fire and provide service. So what we did is we put the fee in place, which is a solid fee. It's not based on property value, but we did reduce the tax rate to make up for that the time. So just putting that out there. I've gone on several ride alongs. We have a great fire department. Anything to keep up with them. I think it's worth doing Okay, no further comments close the public hearing is there a motion to approve? Make a motion to approve resolution 2024-r-10 roll call Mayor DePueh. Yes, Councilwoman Gillis. Yes, Councilwoman Bennington. Yes, Councilwoman Davo. Yes, Councilwoman Dabbo. Yes, Councilman Powers. Yes, I'm eight S resolution 2024 R-13 CDBG for Seagerman policy update. Please read into the record. Resolution number 2024-R-13 resolution of the city council of the city Vaguardo Florida emitting the city's policy relating to city's purchases for use in administrative, administrative community development block grants, CDBG providing definitions for defining an action plan and providing for an effective deed. Staff reform. Yes, and for here, the policy was first adopted by Council on June 1, 2020, as required by the community development program, subsequently updated on September 12, 2022. This amendment again makes changes to, as required by Florida Commerce, which is the grant granting agency over the CDB program. You qualify for grants by this agency, these changes are required to be adopted. So the recommended action for you tonight is a motion to approve resolution in 2024, or the R-13. Thank you. Open to public hearing, citizens comments, council comments. Glenn, I just a question. So these updated standards are required by the governing agency. I'll throw it. Thank you. House keeping. What's the public hearing? is there a motion to approve? A motion to approve resolution 2024-R-13 second thinking of I miss Gillis roll call Mayor to you. Yes, Councilwoman Bennington. Yes, Councilwoman Davbo. Yes, Councilman Powers. Yes, item 18 resolution 2024 R dash 14 adoption the community development block grant CDBG Question policies and procedures. Please read into the record Resolution number 2024 dash R dash 14 resolution of the city council of the city of Edgewater Florida adopted policies and procedures related to compliance with the uniform relocation assistance and real property acquisition policies Act of 1974 or the uniform act for use in administering community development block grants and other federally funded projects regarding the uniform act providing definitions to define an action plan and provide an effective gain. Thank you staff report. Yes sir. The hard avenue drainage project was a community development block grant CDBG. A part of this grant involved the purchase of real estate, therefore the city is required to implement acquisition policies and procedures as set put forth by each HUD and the federal uniform relocation assistance and real property acquisition policies at. So therefore the recommended action before tonight is motion to approve the resolution 2024-R-14. Thank you. Open a public hearing. Citizens comments. Council comments. What's the public hearing? Is there a motion to approve? A motion to approve resolution 2024-R-14. Seconded by Ms. Bennington, roll call. Mayor DePue, Councilwoman Gillis. Yes. Seconded by Ms. Bennington, roll call. Mayor Depue. Yes. Councilwoman Gillis. Yes. Councilwoman Bennington. Yes. Councilwoman Dalbo. Yes. Councilman Powers. Yes. Item 8U. Resolution 2024-R-15. Adoption of the Community Development Grant Block. 3D-BG Labor Stangers Policy. And procedures. Please read into the record. Resolution number 2024-1015. Resolution on the City Council of the City Vegewater Florida adopting policies and procedures relating to compliance with the labor standards requirements including Davis Bacon Act, Contract Work Hours and Safety Act, and the anti-kickback of 1986. We're using the administering community development block grants and other federally funded projects subject to such labor standards. Rear requirements providing definitions to find an action plan and provide an effective date. Thank you. Staff report. Yes, to be compliant with CDBG grant requirements for the hard avenue drainage project, the city is required to adopt policies and procedures relating to labor standards used in the governance of Davis, Bacon and Labor Standards compliance. This resolution implements the CDBG to Labor Standards, Policy and Procedures as required to be compliant. To qualify for future grants from CDBG or through CDBG, this resolution must be adopted. So the recommended action before he's denied is a motion to approve resolution 2024, R-15. Thank you. Open a public hearing,-15. Thank you. Open a public hearing, citizens comments. Council comments. Close to public hearing, is there a motion to approve? I can motion to approve resolution 2024-R-15. Second. Roll call. Mayor DePue. Yes. Councilwoman Gillis. Yes. Councilwoman Bennington. Yes. Councilwoman Dabo. Yes, Councilwoman Bennington. Yes, Councilwoman Daubo. Yes, Councilman Powers. Yes. Item 8V resolution 2024 dash R dash 16 adoption of section 3, plan for community development block grants CDBG. Please read into the record. Resolution number 2, 24 dash R dash 16 resolution of the City Council of the City of Vaguata Florida adopting policies and procedures relating to section 3 for use in administering community The city council of the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida with the provision of HUD Act of 1968 known as Section 3. Section 3 is intended to ensure employment and other economic opportunities generated by certain HUD financial assistance. Shabbat to the greatest extent, be directed to low and very low income persons. This resolution implements the Section 3 plan for CDBG grants, which contains guidelines to ensure the city's contractors and subcontractors will comply with HUD's requirements. Again, to be eligible for continued grant opportunities under the CDBG program, this policy must be adopted by resolution and must be kept current, which changes that may likely occur in the future. So the recommended action before you tonight is a motion to approve resolution 2024-R-16. Thank you. Open a public hearing, citizens comments. Council comments. What's the public hearing? Is there a motion to approve. Two zero two four dash R dash 16. Second. Second. Second. I'm this Bennington roll call. Mayor DePueh. Yes. Councilwoman Gillis. Yes. Councilwoman Bennington. Yes. Councilwoman Davo. Yes. Councilman Powers. Yes. Item eight W. Resolution 2024 dash R dash 17 payment in the line of franchise. These revision. please read into the record. Resolution number 2024-RS 17 and resolution of the city council of the city of Vegewater Florida relating to payments and lieu of franchise fees high loft by the city of Vegewater Utilities System and cooperating with Saddles providing authority requiring the city of Vegewater Utilities System to pay the city of Vegewater General Fund as payments and lieu of franchise fees and amount equal to 5.9% of the revenues collected by the water and sewer system operating fund, refuse fund operating fund, storm water operating fund. Beginning October 1, 2024, we call on payments in lieu of franchise fees each month or at other periodic intervals until amendment, repeal or rescission of this resolution, specifying funds, repayments in lieu of franchise fees provided in just normal authorization to implement and carry out this resolution, repeal and resolution is a conflict here with an established interim effective date. Thank you, staff report. Again, before you, Mayor and Council, Bridget Vassier, Finance Director, City of Edgewater. Resolution 2024, R-17, as Mr. Wolf quickly said. In September of 2013, Council approved the payment in lieu of franchise fee via resolution 2013, Council approved the payment in lieu of franchise fee via resolution 2013 R-18. This update is merely removing the terminology recycling from this resolution. We have in place a franchise fee for our recycling contractor after this last renewal that went through so the verbiage was added directly to their contract contract. All this is doing is just cleaning up the verbi for this resolution. Staff recommends motion to approve resolution 2024 or dash 17. Thank you. Open a public hearing. So this is comments. The edge water fund is in it and enterprise. He is an address with Agnes Whitter 223, Flagler Avenue. The water money is an enterprise fund isn't it? That's correct. And so what you're doing is you're going to take a fee that you receive from the recycling company and you're going to pay it to the City of Edgewater's General Fund. Is that correct? Ms. Bridget, would you like to answer the question? So in response to what she is saying, the payment in lieu of franchise fee is charging what would normally be charged to any contractor out there, a franchise fee to our water sewer, storm water and solid waste funds. We also have recycling within our solid waste refuse and recycling fund, but because we have our recycling contract is contracted out. It's not provided by city employees. The last update for our recycling contract included a franchise fee. So instead of having a transfer included a franchise fee. So instead of having a transfer or recycling from that fund, we are collecting that franchise fee directly from the contractor. Okay, so just like that. Thank you. Please. So no, we outsource the recycling services. So please speak into the microphone. You're just gonna be removing the fee that you're getting from the contractor that normally went into the water enterprise fund and it's now going to be transferred into the general fund. So for clarification, we have always done the transfer from our enterprise funds into the general fund. Now the contract franchise fee will be paid directly to the general fund. Yes. Thank you for your comment. Any no further citizens comments? Close the public. Hearing council comments. I'm going to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to ask the committee to Councilwoman Gillis. Yes, Councilwoman Bennington. Yes, Councilwoman Davo. Yes, Councilman Powers. Yes, item 8x resolution 2024 dash R dash 18. See. See the VG financial management policy update please reading to the record. Resolution number 2024 dash R dash 18, a resolution of the City Council of the City of Vegewater Florida adopting and updating the city's policy relating to city financial management procedures for use in an administering community development the city council of the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida, the city of Florida, Florida, the city of Florida, Florida, the city of Florida, Florida, the city of Florida, Florida, the city of Florida, Florida, the city of Florida, Florida, the city of Florida, This is a requirement of CDBG grant agency Florida Commerce and must be adopted to be considered for future grants for funding opportunities. We recommended action before you deny this motion to approve resolution 2024-R-18. Thank you, open a public hearing, citizens comments. Council comments. Mr. Public Hearing, is there a motion to approve? as the public hearing is their motion to approve. How many motions went to prove 2024 are 18? Second. Roll call. Mayor Depu. Yes. Councilwoman Gillis. Yes. Councilwoman Bennington. Yes. Councilwoman Dabo. Yes. Councilman Powers. Yes. Item 9, Board of Appointments, Item 9A, Police Pension Board. DePie's appointment due to the expire term of Miles Lawyer, who is seeking reappointment. Staff report. Yes sir. Two members of the Police Pension Board are appointed by Council and are not required to be participants in the plan. Officer Lawyer was originally appointed to the Board in 2019 and is term since expired. He has expressed his desire to continue serving on the board. However, one application from James Brush, which has been submitted and is attached to consideration. So the recommended action tonight is a motion to fill the expired term of the police pension board member, Miles Lawyer, for a two-year time, either with him or with the application that's in packet. Mr. James is unfortunately not eligible due to not living in the city. No, we can have one doesn't have to live in the city. Okay. Not according to the board attorney that emailed me. We changed that. I'd like to have my desires to have Mr. Lawler back on to the to the board. You realize that it is the board full of police officers that are in the plan. Okay. But that's your choice, but I just wanted to point that out that this board is nothing more than five members of police officers. Okay. Well, it is my desire to have him reappoint. is nothing more than five members of police officers. Okay, well, it is my desire to have him reappoint. So do you? Okay. So I make a motion to point miles all there to the police position. Second. Okay. And then I miss miss Gillis Roll. Okay. Mayor Depue. Yes. Councilwoman Gillis wrong Mayor de Pueh yes, yes, yes, yes, yes, yes, yes, yes Item 9b police pension board councilwoman Gillis's appointment due to the expired turn of David Williams who is seeking reappointment Staff report two members of the police pension board are appointed by a council and are not required to be participants in the plan. Officer Williams was originally appointed to the board in 2021 and his term has since expired. He has expressive desire to continue serving on the board. One application from Dr. James Rush has been submitted and is attached for consideration. So the recommended action before he tonight is in motion to fill the expired term of the police pension board member David Williams for a two year term expired on June 22nd, 2026. Thank you. Council comments. Citizens comments. Is there a motion to approve? I make a motion. Well, I make it's my appointment So I make a motion to reappoint David Williams for his expired term who's seeking reappoint I think David's a pleasure and This that's where he needs to be Roll call There to you. Yes, comes woman Gillis. Yes, comes woman bending ten. Yes. Councilwoman Bennington. Yes. Councilwoman Dalbo. Yes. Councilman Powers. Yes. Item 9-C. Firefighters Pension Board Councilwoman Gillis Appointment due to the expired term of Ron Hayward who is seeking reappointment staff report. Two members of the firefighter pension board are appointed by the City Council and are not required to be participants in the plan. Mr. Hayward was originally appointed to the board in 2019 and his term has since expired. He does wish to consent to any servant. No applications have been received, showing interest in this for an appointment. So the recommended action before he denies the motion to approve, or reappoint, run Hayward to the firefighters pension board for a two-year term expiring on July 2nd, 2020. Citizens comments. Council comments. Great individual. Is there a motion to approve? I make a motion to appoint, re-appoint Ron Hayward who is seeking re-appointment for the firefighters pension board. Second. Second, by Mr. Powers Powers roll call. Mayor DePio. Yes. Councilwoman Gillis. Yes. Councilwoman Bennington. Yes. Councilwoman Davos. Yes. Councilman Powers. Yes. Item 10. Item 10. Other business. Item 10. A requesting determination of a contract award for audit services for the City of Edgewater, RFP24, slash FN, slash O5, Stafford for. Ma'am, ask the attorney something before you start. Because I was on the screening board that screened and did the auditing, is it all right for me to vote for? Yes. Okay, I just want to make sure. Stafford for you. Good evening again, Mayor and Council Bridgett, us here, Finance Director, City of Edgewater. Audit Services selection, recent Florida statutes have updated some of the requirements in the auditor selection process. City of Edgewater issued a request for proposal for auditing services for an initial term of five years and one optional five-year renewal. The new Florida statutes requires that the Evaluation Selection Committee consist of at least one member of mayor and council and no employees. Councilwoman Gigi, along with two finance directors within Volusia County, were on this committee. The committee had ranked the two semiddles that were received as follows. James Moore and company received points of 96.93, Purvis Gray and Company received 96. The new statutes indicate that the governing body shall select the highest ranked qualified firm or must document in its public records the reason for not selecting the highest ranked qualified firm Motion to request counsel to make a determination as to request presentations by the firms or to make an award based on the evaluation committee rankings Thank you citizens comments Council comments. So just to be very clear to you the state stat you sort of dictates or kind of encourages the highest rank that is correct or have them either both of them. Provide presentation presentation. Okay. Thank you. Yes. Is there a motion to approve? We have a motion to make the determination as to request. Oh, wait, hold on. Make a motion to award James Moore and company the audit services for City of Medjord. Roll call. Who is the second? Miss Beddington. Mayor DePueh. Yes. Councilwoman Gillis. Yes. Councilwoman Beddington. Yes. Councilwoman Dabo. Yes. Councilman Powers. Yes. item 11, Officer Report City Clerk. The only thing that I have is just to remind her to let me out. City attorney. Yes real quick. As you recall the city in the county of Valusia were sued by the hatchers for inverse condemnation related to the expansion of Valco Road and as you'll recall I moved to dismiss the original complaint that was granted. The plaintiff's then filed an amended complaint. I moved to dismiss the amended complaint, and that was granted. It then filed a second amended complaint. I moved to dismiss that again, which was granted. And then they've now filed a third amended complaint, but importantly, they have now dropped edge water as a party to the case. So now the case is only proceeding against Lucia County. So we're out of the case and that's over for us. And that's all I have. City manager. City's in his comments. Daniel. Daniel Lewis 100 Lewis Street. And again, I'm here on behalf of Creative Pathways Preparatory Academy in Susie County. I'm going to be silent from that. I want you all to understand. That's exactly what I've heard from the city regarding the slander of our school. I am furious. Five months. Five months. I brought this matter to the city and the city manager and others. I'm disgusted. Five others. I'm disgusting. Five months. I have better things to do with my time. And to sit here and beg to be put on an agenda so that we can be properly heard. I'm asking again to be put on the agenda so that our school can be heard. Nobody in this city should be treated in the manner in which we have. No one. It's unnecessary and it's uncalled for. And why I have to sit here and defend our school because of the city employee's actions is beyond me. I hope that all of you understand our frustration and the fact that we would like to build our school to a much greater level to serve the city and community. Unfortunately, we can't do that until this is resolved. We have some very tough decisions to make because the city's in action for five months. It's disgusting and it's ridiculous. And it's time the city council holds those people accountable. I hope I'm heard. Thank you. Thank you for your comment. I have a ditch in my backyard and it flooded during Ian. All six houses on my street did. I live on the east side of Flagler on a del Street. Our yards always flooded during heavy rains but it wasn't in our houses at least not mine and my neighbor that lives repeatedly since the 1980s. Now the ditch runs underneath Flagler and it runs out into the pond that used to be next to the pond that used to be next to the sewage treatment plant back in the 80s, but it's gone because the edge of water built on the pond. And now there is something like a canal that exists there. And so every time we get a huge amount of rain, our yards flood, and our houses flood. But like I said, my house I'm lucky. I live on the corner. So I've only flooded once. But my neighbors down at the end of the street have had two feet or a foot and a half a water in their house on numerous occasions. Houses in the middle of the three houses on each side flooded every once in a while. But nobody has ever even bothered to come and check and talk to us about all the flooding that we've experienced and I would appreciate it if somebody would come. And what do you do when you've eliminated the space that the water used to go to and now it has no place to go? What are your options? Where do you go? You know, when the ocean gets full and the river gets full and they flood over their banks and then it starts flooding our canals and our lines are pipes that carry our runoff down into the river but you can't do it because the river is too full. So all the properties start filling up can't do it because the river is too full. So all the properties start filling up. Where do you put that water? You've got to have retention pond someplace and edgewater doesn't have enough ponds to go around. So I think before you even consider a lot of building, you know, to figure out where you're going to put the water. Thank you. Thank you, ma'am, for your comment. Seeing no further citizens comments, we are adjourned.