I call the order of the city council meeting of March 17, 2025. Roll call. Mayor DePueh. Present. Councilwoman Gillis. Here. Councilman Thomas is excused. Councilwoman Dalbo. her city manager Thurman here city attorney wolf here city clerk's Latin President please stand for the pledge of allegiance please remain standing for a moment. Item two, approval or changes or modifications to the agenda. Seeing none at this time. Item three, approval of the minutes. Seeing none at this time. Item four, presentation, placomations, plac certificates or any donation. Seeing none at this time. Item five, citizens comments. This is the time for the public to come forward with any current concerns and comments they may have. Please make your comment if it is related to an agenda matter. The time that that matter is before the council. Please limit your comments to three minutes or less. Please state your name and address. Yes, I'm first. And I'm sure. Can you hear me? Okay. My name is Beverly Palmer. And I'm here to represent Edgewater Union Church. If you don't know, it happens to be the oldest church in Edgewater. It's built next to the cemetery on Route 1. And I'm here to invite the council and anyone who would love to come. We're having a birthday cookout on April 12th, the anniversary of our church starting 113 years ago. So that's all I've already put in for a proclamation, hoping that the bear can come, and anyone who would love to come. Anyone, so it's gonna be advertised more, but I'm here to hand you invitations. Well, thank you you so much if you can please hand us the invitations, but also please send the information to the city clerk to put it on our calendars as well, please Thank you just as invite the council or miss a log that can you please write that down? Yeah, I should just give me that invite If you just give me the invite I'll make sure you all get them. If you're just give me that invite I'll make sure that they get them. Thank you so much. Thank you for all you do. It really is a lovely church and a lovely organization. I'll be there, man. Thank you very much. You're welcome. I'm not sure how I can compete with that. Thank you. So my name is Dan 29290, elegant manner circle. Reference ordinance 2025-0-06. Specifically, that ordinance, you guys are sorry. If that is on the agenda, could you please write before the matter is before the council? I am. So sorry. Yeah, that's okay. No problem. We just request that you comment if the matter is coming before the council It's on the agenda so do it then here in the yes here in the public Hearing thank you edgewater chuck martin I'm going to go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go the county, and just being in the construction field and managing jobs and positions and stuff like that and being around here forever qualifies me. So I met the qualifications to apply, I applied it was accepted. And it's under review. And I feel like if it gets to where it needs to go that I would hope that I would have the votes on the council to move forward with this position. Then I would be working for you guys. I think that would be great. Didn't have one other comment. Because I've had a lot of people talking to me about it. and I thought I would ask maybe we could get some clarification from if the mayor would ask Mr. Wolf gives some clarification on the use of city vehicles on personal time. I think some of it's loud like Mr. Thur he drives a vehicle, but that's he's allowed to do that, so I'm sure he's able to do that. But far as city employees, using city vehicles for personal use, a personal time, I kind of wonder how that would work with our insurance and is that allowed? Maybe, or HR director can answer that. I just kind of want some clarification on that. Thank you, sir, for your comments. We'll make sure to get that answered for you. Well, is that something that maybe they can answer now? Or... Typically, this is your time to address the council and then the meeting typically you can talk to the directors and city mayor and council. After the meeting? Yes. Yes. Could maybe somebody send me an email with that. That can also. Okay I'd like to have an email and they've got my emails. Thank you. Thank you sir for your comments. I appreciate it. Jim Lovegren 182 Jones Fish Camp Road. First I want to start off I want to thank Ryan Solstice and the staff for holding the community workshops that they've been holding for the last two months. I've been very informative and I think very thoughtful and considerate for the community to learn something about zoning and so forth. It's been excellent. So, I thanks, Ryan. I want to bring up an issue here that many of the homeowners in Riverfront estates are now experiencing and that is shoddy construction. We're watching as houses and are just finishing up the last couple here but their porons concrete slabs and they are putting up brick walls three or four days after the slabs poured which is not given a concrete enough time to cure. Consequently, within months we're seeing cracks in our walls. I have at least eight in mine and at least three of them are step cracks, which are generally a sign of foundation shifting. I don't know whether they've compressed into dirt before they do anything either.. You know what's going on here but there is certainly shotty construction and I don't know how a building inspector could let this go by. We've seen no curing of the concrete with water over the next couple of days of pouring it. One of my neighbors told me that they ran into the person that was or one of the people that was pouring the concrete and that they're watering the concrete down so that it's easier to spread that we can see concrete and requires a longer curing time so we got a really serious situation here where our houses are not what they were supposed to be because of shotty construction. I don don't know. Really, it needs to be looked into. It's just not a good thing. It's not a good thing. Thank you, sir, for do you have anything else? Yes, yes. I also want to bring in to the issue, the Go for Tortoise situation on River Oaks on that property lot there. I ran into two months ago and Charlotte, you were over there with your husband, we counted 50 burrows, right? There was an environmental consultant there within a month after that and she counted 80 burrows. Now, she told me because I went and talked to her and she told me there that there was a previous inspection done here within the last two years and it counted seven. How do you miss that many go for tortoises? You don't unless there is a financial incentive obviously to miss those turtles because it costs a lot of money to remove them and relocate them. So, yeah, that into the riverfront estates lot, which I am told by a long time resident there, that that place had just as many tortoises in it. They relocated eight or nine of them. Thank you, sir, for your comments. It's truly appreciate you. Okay. A lot of great questions. Could you please fill a contact card out in the back would love to get your phone number. Yeah okay. Thank you. Okay I have six council reports councilwoman Dalba. I have nothing to Councilwoman Gillis. I have nothing at this time. I also have nothing at this time. Item 7 consent agenda is there a motion to approve the consent agenda? I would like to pull an item for discussion. Which item is that? It's a full item 7p. I would also like to also like to pull up 7A. And just so it could be explained, it's a great thing that we're doing. And I just want to get on the record so that the residents know what the city is knowing as far as the lining. Great. Is there a motion to approve the consent agenda? Min you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. DBG sewer lining sewer lining project engineering staff could you give us an update on that please Dan would you dress up please yeah this sewer lining is a CDBG grant that we're moving forward with. We have Jeffrey Winters here tonight to talk on that a little bit. We'll be doing approximately, I think it's 78 manholes and lining sewers from. booster station, or Park Avenue Booster Station south about four blocks towards the, towards one. They'll be coming in. This is a $50,000 match on a grant that is roughly, yes, $750,000. So it's a low-income area. It's an area that we see a lot of infiltration, influx and infiltration, or I and I. It's really going gonna help out the water plant as well as all of the citizens in that area. Great, thank you. Any comments? Is there a motion to approve item 7a of the consent agenda? Make a motion to approve 7a of the agenda of the CDBG store lining project and engineering. Second. Roca. Mayor DePue. This is a tremendous thing. I'm glad we're moving forward with this. Absolutely. Councilwoman Gillis. Yes. Councilwoman Dalbo. Yes. OK, item 7B, purchase of meters pipe fittings and other for the water and wastewater operations and management staff report. Dan, would you also trust this? This is just our standard items that we used throughout the year. It's a blanket purchase order with two of the contractors, things that you would see in our inventory throughout and used throughout the year. Great, council commons. I guess my concern is I brought up a couple times that there's been residents' concerns about the meters themselves. So I, and I've brought up having those look into the future and you said we would talk about that later. I guess my concern is just remlighting purchasing more of them if I'm concerned that there is an issue with some of them. These aren't strictly meters. It's also pipes, um, saddles, um, different connections for water and wastewater fuel operations and wastewater elections groups. I will say that I brought this up. I believe in the last council meeting. I have had some residents concerns come forward. Also as Miss Gillis and I'm sure Councilman Davos heard before about the meters. I'm not saying that every meter is bad or the brand that we're using is faulty. But I would like to just workshop. Are you telling me like we discussed at the last meeting to move forward with that as well? Just stating that for the record that there has been concerns brought forward about the meters, but this is involving others as well. I am gonna recommend a workshop to remain in any specific and any specific address and citizen customer, we will fully investigate it and come down to the, what is the cause, whether it be usage, whether it be a leap behind the meter. Those are the only two options because of the type meter that we're using. It's a pass through. It's not a mechanical. I don't want to get into the gory details, but it's a pass through, not a mechanical. So there's not a mechanical, something to wear out. But we will, if we get an address in a name, we'll investigate every single last concern. Awesome. Yeah, I guess just an estimation. How many meters is this moving to purchase for the year? This is just a blanket. So it could be fittings, it could be meters. Anything that they need to do their job in the field. I gotcha, thank you. Thank you. With the majority of this is for everything else and this is not green lighting a very large amount of meters. Correct. Correct. Okay. Is there a motion to approve item 7B of the consent agenda? Make a motion to approve that agenda item B, purchase of meters, pipes, fittings, and other aquatics for water and wastewater operations and maintenance. I'll second it, but I do want that addressed in a future time. I know business needs to go as far as everything else. Please call the roll. Mayor DePio. Yes. Councilwoman Gillis. Yes. Councilwoman Dalbo. Yes. Item 8 Public Hearing, Ordinances and Resolutions. Item 8, a public notice, in household income verification survey. Florida Small Cities Community Development Block Grant, CDBG-B-G program, staff report and presentation. We're very excited to maybe take advantage of another opportunity through the Florida Commerce for $750,000 grant from Florida Small Cities Community Development Block Grant CDBG program looking to do some additional sewer lining and for areas of low income or identified low income and really looking forward to potentially taking advantage of this opportunity. And we do have a presentation. Thank you. Maybe it's Jeffrey Winter with Cornerstone Community Partners. It's an honor to appear before you all this evening just to reiterate what we're here today is for the first public hearing for a perspective application to the FFY 2324 CDBG program. The first public hearing the purposes to make the public aware that the city is interested in applying to the program, to briefly explain the types of categories of funding in which the city could apply, and then to open the floor for public comments on perspective projects. To briefly cover the four categories for this CDBG program, the first category is commercial revitalization. Typical projects funded through the commercial revitalization category include facade, improvements in street scape improvements to a designated downtown district. Second category would be the economic development category. This makes funding available for communities to provide infrastructure improvements in support of a business to either create or retain jobs. Third category would be the neighborhood revitalization. That is the same category funding in which the sewer lining reproject is currently funded. It covers infrastructure improvements throughout the city with the fourth category being the housing rehabilitation category, wherein that category funding is made available to rehabilitate and in some cases demolish and reconstruct homes for low to moderate income persons throughout the community. That being said, I'd be happy to turn the floor back over to solicit public comment. Thank you sir. We appreciate that. Open of public hearing, citizens comments. Council comments? I think this is great. $750,000 is the grant. You know, it won't be any kind of a match. For this cycle alone, they've waived the $750,000 maximum. There is no cap on the funding. We've had city staff propose some projects that are being considered around the tune of around 1.5 million. In terms of matching, it's not mandatory. However, we do anticipate it will be a competitive cycle. So we would encourage the commitment of $50,000 in leverage to go towards this project. And we've identified that. I'm sorry. Dan, would you update us on where this potential projects are for this grant? We're looking at some two-inch galvanized line replacement on the northwest portion of the city there, our goal is to eliminate all of the two inch galvanized. That's a lot of our rust, a lot of our worst lines, worst areas. On top of that, we're also looking at eliminating some of the original air relief valves for the wastewater system. Basically, in ARV, you have to get rid of air. You have pockets of air which causes pressure, which causes your pumps and things not to flow as easy. So you have to bleed off the gases the air. And we have 13 ARVs that are original to the system that have the potential if anything were to happen to them It would take a lot of we'd have a lot of downtime and emergency repairs and so we're looking at identifying them and then any any ARVs. Also looking at some plant equipment possibly, just looking around to be, to make sure we use the CDBG funding as efficient as possible. Thank you, Dan. The one thing about this window, it has to be pretty much designed already. We would go further with a lot more galvanized replacement, but it's something you've got to have the engineering and estimates done and ready. So we can only do so much in that area this time. Thank you, Dan. Well, I want to thank staff for seeing this opportunity and bouncing on this so quickly. Any kind of grant opportunities and state appropriations that we can find is always a tremendous thing. I want to think our grant writer were at over $30 million of funding in grants alone. So she's doing a tremendous job, tremendous department of glad that the council has supported that department or that part of our city and getting a part-time clerk's share will help us with more funding. So this is a tremendous opportunity to bring maximum funding to the city for separate areas. And the kind of watershed, this will help tremendously. So appreciate staff and all you have done to balance on this opportunity. Any further comments? Is there a motion to approve? Make a motion to approve public notice and household income verification survey for the small cities. The development block. I said citizens. There was no. Second. Roll call. Mayor DePueh. Yes. Councilwoman Gillis. Yes. Councilwoman Dalbo. Yes. Okay. Item 8B. Second reading. Ornus, number 2025-0-05. Request for approval for amendments. Article 3, Article 6, and Article 20 of the land development. So please read into the record. Ornus, number 2025-05. Article 3, Article 6, and Article 20 of the land development terms. Please read into the record. On December of 2025, I show you that, so, five in order to the city of Vegewater, Florida, a many in Article 3 permitted conditional accessory. Article 6 and Article 20 of the land development center. Please read into the record. On December 2025, I showed as O5 in order to the city of Edgwater, Florida, many in Article 3 permitted conditional accessory and prohibited uses. Article 6 sign regulations, Article 20, Ridgewood Avenue, quarter design regulations of Chapter 21 land development code. The Vinefort conflicting provisions severability and a property providing for and effective data adoption and complication. Thank you, staff report. Thank you, Mr. Mayor. This is a second reading. There have been no text amendments changed done between the first and second just to recap This is changes to article three article six and article 20 of the land development code to allow for feather flags And the freestanding bannersign per business tax receipt in their respective zoning districts. We have to answer any questions. And let me just say since there's only three members present tonight, the city charter requires three votes to pass an ordinance or resolution. So your votes to pass the ordinances and resolutions on the agenda only will need to be unanimous tonight. Thank you. Okay, open the public hearing citizens comments. Council comments. I do have a couple questions. Do we have a restriction on how many flags and banners of the passes? Can be for example in a plaza. Say there's 20, 20 stores. No, so you're allowed one per business per each of the types of these type of temporary signs. They follow the same regulations. You have to bring it in when you're not in hours operation, but no. There's no young those hours of operation. There's not a spacing requirement or anything of that nature. Okay. That's kind of where I have the problem, especially with the banners. I went down U.S.1 and just for the bike week on the right-hand side, U.S.1 there was free banners kind of just weirdly stuck in a spot and didn't look very good. Just with the poles and thinking, oh gosh, I can't imagine having multiple in a plaza, you know, having the feather flags and then having these banners, and going down 55 or whatever it's be, that it might be 45, you know, how are the residents going to be able to read all these banners and all these specials and see the feather flag that might say, coffee or donuts or whatever. I don't know if it's even gonna be a a distraction. I'm so far the feather flags, I'm not so much for the banners. And I just want to point that out. I just think it's going to be a cluster. If either in half of the businesses in a strip mall decide to take advantage of the feather flag and the banner, I think it's going to lose its power. because we're not, you know, we're not going to be able to read everything as we're going on the road. So that's my concern with the banners. We've talked about this now three times. It's going to lose its power because we're not, you know, we're not going to read everything as we're going on the road. So that's Mike. That's Mike in concern with the banners. We've talked about this now three times. They gave updated the, gave a recommendation of the council, the council workshop. We've had our first reading. I think we've all talked about that as concerns living forward. I guess that my comment to that is, you know, they clearly were not in code. I think that not every business is going to, just because there's an ordinance out there, choose to follow that ordinance. I don't think that everyone can, is necessarily going to do it all at the same time. I just don't think everyone is going to do it at the same time. I think that they should still have the opportunity, maybe I'll counter with you, or if there's more than 15 units in one plaza that they have the option of one or the other, but I don't think that everybody is going to utilize this ordinance. And you may be right. I'm just, I want to put the what if, because once it's passed, it's going to need another code enforcement person just to enforce all the banners that are sideways. I don't know. I just don't know that having the banners and the flags is what we need. Maybe and or, like you said, if there's the even so, if we have 20 businesses and even if 12 this side they want to do the banners, I don't just don't know if people are going to, if it's going to get the bang for the buck because if people aren't going to be able to read, you know, everything that might be on a banner, a flag, it's fun, you know, it can say clothier waffles or, you know, whatever. And people are going to understand that and you could probably have, you know, 12 flags flying in. It wouldn't be as much as a trash, and I think as the big banners. And when I saw the banners, you were drawing blankly. I said, people looked at myself. I said, oh gosh. flag spline and it wouldn't be as much as a distortion I think as the big backers. And when I saw the vanners during Blakely, I said, I thought to myself, oh gosh, that's going to look terrible. If we have half of the people take advantage of it, they were just two by four stuck in the ground. Nothing, it didn't look nice. It wasn't a P.O.I. We didn't have the ordinance in that. We just did it. But what is, so what is going to stop someone once we pass this ordinance of the passes for booth? Well, I didn't have the ordinance enacted either. But what is, so what is going to stop someone once we pass this ordinance, if it passes for booth, from just doing that? There's an ordinance written. So that would have a code to be enforced, not just that you can't have it. So, I mean, there would be rules and regulations written in stone. Like the polls would be painted or a certain size. I mean, I don't know. It was thrown together quickly. And you're right, the ordinance wasn't pay-as-jet. They were doing it, which is fine. But I just looked at it. Thought it just didn't look good. It wasn't appealing. It wasn't my classey, but it just, it looked like it was just stuck out there. and hopefully people will read it and come in. I don't know. It wasn't just. Well, how about, how about, how about the recommend was it a homemade banner? No, the banner was not homemade. It was printed. It was like, you get from a distributor. Like, I need beer or wine or whatever I might have said. So, no, it wasn't like pan-kin-mibre. It was okay. think also what some of the people are putting out for bike week to last a week is not going to be the same thing other businesses are putting out your own. But I guess what I'm going at is the look, not with the banner said, because it could say anything is just how it looks. I guess my point was more so. I mean, bike week is more of a somebody was installing that temporarily and not as what they're using to advertise for the business on a regular basis. So maybe it was wrong that it was definitely. I guess how would we be able to or code enforcement have to say and once they start sticking them up there, it's going to be a busy job. Well, they have to follow the ordinance and I think our code enforcement officer officers do a good job at going around in the small businesses and making sure that every ordinance is enacted. I know five he went to this week And it's only well actually today. It was only Monday. Do you think there would be an issue with the banners taking them down every night? It's a lot of work. It's a flag you can pull out the ground and put it inside the bag. That's why it's not everyone's going to utilize it. So we did the pilot program before and it ran for a while. This one you could always schedule a workshop for a certain date, right? And that way, then it's on the books for a workshop and then if there's issues at that time, then you can have the workshop and discuss it again. And then- The way we're saying is, if it's past tonight and goes forward and then we start having issues and, you know, we're not happy with how the city looks going down the US one, not like a circus, we could say, okay, we need to workshop this and maybe tweak it and it's a possibility. Yeah, and it takes, what's two meetings, two council meetings a month, takes about two months to get an ordinance passed now. So before it was three to four. So, you know, it's a little bit quicker than it was the last time. Well, I'm willing, especially if we can go back if we're not happy with it. I just wanted to put out there that I'm, I was in comfort with flags and banners. I just thought one of the other would be great. But having both sides of the street lined up with things, it could be distracting and the business might not get what they are wanting to get out of it. Do you have a number and a be rigid about approximately how many small businesses or businesses in general we have in the city of Edgewater commercial front? I want to say 1200. 1200? Yeah. That's businesses total or just on a commercial That would be basis of total capture. In and around that number. Great. That's expanded since 2022. Sorry, that's one of the, and even last year, sorry. Okay. So, are there any further comments or questions? I have one more question. So, would council be willing to get going on the flags, get that passed, and then visit the banners? After like six months, see how the flags take off and see what it does. The businesses may be happy with the flags the way they are, and we can visit the banners another time. I just why don't we make the suggestion to table them because I think that there's a couple of questions. But I mean I think that it should be left up to the business owner to decide. If you want to, I just think maybe we could table it for further discussion. or one or the other. I just, um, and then if it's a plaza, I don't know how we could put a limit. Like you said, it's not going to be 20 units, 20 flags, 20 manners. But you have to keep in mind that the city is issuing the firm as. So if we want to limit anything, where we can workshop it as well. Would you be willing to move forward with it and then revisit it in so many months if we did the prior time? Just see how it looks. Yes, I would be good with that. I make a motion that we adopt. Hold on, I know. I got it. I'm going to make the suggestion that somebody makes a motion that we approve this ordinance with a workshop of a period of six months. Is there consensus for that? I make a motion to approve the second reading of ordinance number 2025-0-5 with the consensus that we will have a workshop in six months. Second. Ro call. Mayor DePue. Yes. Councilwoman Gillis. Yes. Councilwoman Davo. Yes. Item 8c, second reading, order number 2025-0-06, request to amend the floor to shores, drainage basin building permit, moratorium, please read into the record. Ornus, on the 2025-06, in order to the city of Edgewater, many in ordinance, 2024-063, to limit the temporary moratorium to building permits that increase the amount of fuel on parcels within the Forteshoi drainage basin for a period any no later than January 5, 2026 unless we send it or extend it by a subsequent ordinance, run procedures for vested rights. from a certain amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount of the amount This does have a text amendment change between the first and second city staff aired in the first semiddle with the exclusion of pools which was added back in. So no pool shall be permitted. Was added into section two of the moratorium, which is really the teeth of the moratorium in addition to no import of filter. Thank you, sir. Open a public hearing. Citizens comments. I know you want to change the more I know you want to change the more a toiam and just go to no fill being brought in from onto a property and using fill from the property. But even if you just use fill from the property, if you're taking from the back to raise the front and you raise it up higher, it's still going to be a runoff problem because you're adding more buildings, so you're covering more of edge water up, which is going to cause a little higher flooding level. And what you really should be doing is making a code now that takes into consideration what you're going to face in the future. And can you afford more fixing of a flooding problem when you're going through all of this now, you've got to spend all this money now. And there's no fun and there's no future in having to just look at more flooding fixtures in the future. Raise your houses, 36 inches up above the center of the road, put them on pillars or cement block foundations with openings for water flow to go through. You can also have permeable concrete for your patios, your porches, your outdoor porches, your dock areas, or your pool decks, sidewalks. Anything that doesn't carry a lot of weight. You can use your permeable cement, which will provide you a better water distribution. There's a lot of things that you can do, and not have to say, okay, we've got to stop building because we've got to look at this water problem and figure out what we're going to do with it. If you did something like this now to prevent more flooding for all your new buildings that you're going to be putting up your residential buildings, and you won't have to worry about the future. So it's something to consider. You know, if you put yourself into a place where you're going to look in the future to fixing more flooding problems, you're going to run out of money because we are going to run out of money. And that's a problem. We don't want to have to pay for any more remediation of flooding problems. Let's take the steps right now to do it the right way. Thank you. Thank you for your comments and suggestions. I appreciate it. Chuck Martin, 205, Cherrywood, Lane, and Twitter. This funny thing is, I'll bring back memories from while back. I think that a subderbision was going in off the airport road. And the only question I have was, are you going to hold your own water? And then one of the engineers or somebody got up and said something real faint. I said, yeah, we've met all of her or whatever. And then there's actually a video put out of water running out of that subdivision, going into people's houses and on the park road as I was asking that same question. But I guess my point is here, kind of like these big subdivisions, like Oakley Preserve, they didn't bring any fill in there. They just dug a big hole, built it way up high, high and then well you know what happened over there. So is this going to apply to just like single family homes or if they want to annex and build another subdivision can they dig a big lake and then that's kind of what I was wondering. Thank you for your questions this is just related to the four. Dr. Mason. So is that like single family homes in that area? Correct. Wouldn't be a subdivision. Correct another question for me asked after this. Yeah, and so then that is kind of a good idea because if they, if they dig a hole in the back and then that gives a place for water to go and then if they take that fill and they put it in and they put it in razor house up a little bit, at least they're holding some of their water. That's kind of the way I see it, but yeah, if they're, but stem malls are good too. I know Rob had mentioned that before, but if they dig retention in the back, I think that's what a lot of people are after if they can you know kind of hold some of their own water. Thank you sir for your call. Dan Knight 2290 elegant manner I apologize for my breaching protocol earlier. This relates to that section two comment no pools permitted those five little words that seem to have been added back in. I'm just kind of curious and something to contemplate. How is a 1500 square foot pool and patio different than a 1500 square foot detached garage, both are relatively impervious. Get under this current ordinance. I think that the detached garage could be approved. Whereas a pool cannot. and that's a little concerning for me, considering a pool itself can hold another six, eight inches of rain water potentially. And yet the detached garage could get approved. I believe as written, I think it does open the city up to litigation. I suggest speaking to the city's legal council, get their opinion as well as speaking as subject matter experts that you guys have hired and that who do work here. Just to make sure you get their opinion before you attempt to pass this as it's written. I think if you cannot differentiate between the pool and the garage itself as both being impervious, Then I think you run that possibility of this running a foul getting you guys in trouble the litigation and I don't think you could pass it as written based on that. Thank you. Thank you for your comments. Good evening. My name is Billy Dove. I'm an attorney with Gray Robinson. I'm here on behalf of the Edgewater Preserve Development. I just want to briefly address this proposed amended moratorium. While we believe it's appropriate to lift the burden on property owners that was created by the original moratorium's wholesale ban on any building permits. We also believe that any moratorium in this area, including the revised proposal, is an inappropriate way for the city to deflect responsibility for preventing flooding. It should also be noted that the original moratorium imposed a requirement on the city to repair, maintain, and improve ditches, canals, and stormwater systems while the moratorium was pending. The amended moratorium removes that requirement, eliminating the city's responsibility to undertake badly needed maintenance and repairs to their own systems in the Florida shores. To add to this, we're aware that a complaint has been made to the FDEP alleging that approximately 60 of the city's intake drains have been altered and currently do not operate as designed. Basically, the city's own systems are failing, and the moratorium has only scapegoated the edgewater preserve development. The pond on the north edge of the edgewater preserve has now been stabilized and is operational. When the unfortunate storms took place last September, this wasn't the case, as the ponds had only been partially constructed and not yet stabilized. The recitals in the moratorium reference flooding in the Florida shores in Hurricane Ian 2022, and that was long before any site work had taken place on Edwater Preserve Phase 2. The area recently experienced increased rainfall on March 10th, and there were no issues with the stormwater systems at Edgewater Preserve. In addition, Edgewater has submitted vested rights letters for each phase of their development on February 5th and has yet to receive any response from the city. I would ask the council or member of your staff, will the city require, if this moratorium is to be passed, will the city require that new vested rights applications be submitted or will the admit the existing applications be sufficient under this moratorium as well. Thank you sir for your comments. Okay, is there a do you understand you you have an idea of how you'll handle the vested rights application? Thank you sir sir, for your comments. All right. We'll follow up. Thank you. Good evening, Eric Rainbow, 118 San Remo Drive Edgewater. What that guy just said is exactly what we might need to change to. Make them build a retention p first, then we watch how they do, then you let them build. Seeing none of further citizens comments, council comments. I wanted to bring that pool subject up tonight. I wanted to discuss with council thoughts are excluding, excluding it so the pools can be built during the moratorium. The gentleman made a great point and I've sent Starless Media I've had a few residents reach out to me. He would try to pool the pool permits and we're not able to and they were confused as as a Y like a detached garage where it points from the out but a pool that takes up maybe less space in the garage we are allowing. So I wanted to have that discussion tonight to see if we could remove the pulls from the moratorium. As of right now, if they tried to pull it, it would be denied either way, because it's still banned from the original moratorium. So they would have applied any point time until the new one changes, they would still not have been able to do it. And that's a problem and it could be a legal problem as well. And I talked to Ryan about that. And as the moratorium stands today with the pools in it, it may not stand up. City Attorney? Yeah, there is a risk that it be challenged. For the, you know, anytime you make an exception like that, there's a possibility of perhaps an equal protection challenge that you're not treating people equally. The example was the Shad so there is that risk that there could be challenge or litigation. I would have been great to have that council before this meeting. Well then I make a motion that we suggest a motion that we table this until the next council. I will make a motion to table a second reading because I would also like to have a full council for this session if moving forward. I make a motion to table the second reading awardant and it's number 25-6. Second. Roll call. Mayor DePueh. Councilwoman Gillis. Yes. Councilwoman Dalbo. Yes. Item 8D, first reading, order search. Sorry, Mr. Mayor. Can I get some direction on what you want me to change? I think the suggestion now is just to table the discussion and to have a full council and consult with our attorney. Okay. I don't think that we need to make any immediate changes. I think it's just tabled for discussion. Okay. Thank you. Thank you. Mr. Salsis. Item 8D was I corrected that and I apologize. Item 8D. First reading, order to the number 2025-0-01. Amending the restraining the police officer's pension plan. Please read into the record. On December 20, 2025, Section 01, in order to the City Council of Edgewater Florida, we pay an ordinance 2016, Section 0113, and its entirety, and amending the city in adopting the City of Edgewater Florida Police Office's pension plan. Pardon for filing with the division of retirement, and the Board of Department of Management Services, providing for the division's front for severed voting, the body prime for effective date. Staff report. City Council. Department of Management Services provided for provisions for and for severed voting and a fully prime and form effective date. Staff report. City Council adopted ordinance 2016-034 on November 14, 2016, which amended and restated the Edgewater Police Officer's pension plan. subsequently ordinance 2017 021 22 20 033 20 22 18 23 20 23 010 20 23 023 and 20 24, 35 were adopted amending various sections of the police officer's pension plan. Ordnance 20, 25, 01 is incorporation of all pension amendments into a restated plan. We're requesting a motion to approve Ordnance. Thank you, sir. Open to public hearing citizens comments. Council comments. The great police department. Is there a motion to approve? Make a motion to approve the first reading of ordinance number 2025-0-1 and restating the police officer's pitch and plan. Second. Roca. Mayor DePue. Yes. Councilwoman Gillis. Yes. Councilwoman Dalbo. Yes. I'm A.D. 2025 R-5 approving the locally funded agreement, LFA, between the City of Edgewater and the Florida Department of Transportation, FDOT, for the emergency traffic signal at Fire Station 55, FPN number 453472-2-62-02. Please read into the record. Resolution number 2024-R-05, a resolution of the the City of Edgis Water Florida. Designed a local agreement with the Department of Transportation FDOT to provide a lump sum deposit in the amount of $22,337. Support the construction, engineering and inspection. The installation of the emergency traffic signal in front of the fire station 55. Recording resolutions and conflict here. Prov we're providing for severability and liberty and for establishing an effective date. Thank you, staff report. The FDOT has requested the City of Edge Water to execute the locally funded agreement for project number 453472-2-62-02 for the Florida Department of Transportation to provide a lump sum deposit for construction engineering and inspections at our CEI services for the installation of the Emergency Traffic Signal in front of Fire Station 55. We're asking for motion and approval for the City of Edgewater to execute a local funding agreement for the emergency traffic signal at Fire Station 50. Thank you. you open a public hearing, citizens comments? Chuck Martin to a five-cherry wood. As a crane operator that's worked every hurricane out of town, assistant, Florida Power and Light, and several other companies with power restoration over the last 20 years and traveling all over the state of Florida last 30 years. I think I can tell you that I can't think of any other cities or anybody our size that doesn't have a emergency light for our fire department to get out. And I've seen it several times and they've trying to get out there. And they got to wait. So this is great. I know you guys are gonna prove it anyways. I just wanted to say that it's great and it's much, much needed here. I just want to thank you mayor for, I know you've been working behind the scenes putting this forth and it's taken a long time to get here and I just want to thank everybody up there for making this happen. It's taken a long time. Everyone up here. All of you. Thank you. Thank you, sir, for your comments. Council comments. I just want to say that this has been long overdue. It's been talked about. I think ever since I was elected and I've been in and yes office before and it'll go year that and it'll be someone's preaching on their breaks as the ambulance is trying to get out so a great job between our both city managers, our grants department, chief lairacy for making this come to fruition, our family, the finest department. It takes a team and a team once together to get this established. As the citizen said, tonight there's been public support for this for years. We have a tremendous police and fire department and all the collaboration that come together for this project has been tremendous. Long overdue. Thank you to the grants department, chief literacy and city management. Is there a motion to approve? I think a motion to approve. Two zero, two five, dash or dash zero five, approving a literally funded agreement between the city of Edgelwater and the Florida Department of Transportation for the emergency traffic signal at the fire station 55 second roll call there to pew yes counts woman gillis yes Dalbo. Yes. 2025 item 8F resolution 2025 R-06 approving the local agency program LAP between the city of Edgewater and the Florida Department of Transportation FDOT for the emergency traffic signal fire station 55 FPN number four five three four seven one slash 58 slash 01 please read into the record. A solution number 2025-R I show six resolution the city council of the city of Edgewater Florida authorizing the city manager to enter and execute a local agency program agreement with the state of Florida Department of Transportation concerning the installation of an emergency traffic signal in front of fire station 55. You can go in resolution to your provide for severability and a liberty and establishing an effective date. Thank you Stafford for the F to T has requested the City of Edge Water to execute the local agency program agreement for project number 4534 7, 2, dash 1, dash 5, 8, dash 0, 1. For the design and installation of the emergency signals in front of Fire Station 55, the estimated cost of the project is 558,837 with this city agreeing to participate in the project costs up to the maximum amount of $265,940. The city has already contributed $127,135 towards the maximum city cost towards its project for the design work required by FOT. We are requesting a motion and approval of the Resolution 2025 RO6 to execute the local agency program agreement for Project 4 Emergency Traffic Signal at Fire I'm not sure if the public hearing is going to be able to hear the conversation. Thank you, sir. A public hearing citizens comments? Council comments. Is there a motion to approve? I make a motion to approve resolution number 225-R-06 approving the local agency program between the city of Edgewater and the Florida Department of Transportation for the emergency traffic signal at fire station 55. Second roll call. Mayor DePieu. Yes. Councilwoman Gillis. Yes. Councilwoman Dalbo. Yes. Item 10, other business item 10 a whistle stop park easement request from FPL FPL staff report. Florida Paralyte is proposing an easement path to bury a primary power line in place of pad, mounted transformer as a part of their secure underground program. They are proposing a 10 foot strip easement to be placed along the western property line of whistle-stop park, totaling 10 foot by 960 foot easement. Two padmoutain transformers will be placed within the strip for the replacement overhead power, overhead pole mounted transformers on the property. They are designed to be placed in the same vicinity as the existing poles. Since the city's meters are existing underground for these points, they will be reconnected to the new underground service during construction. for requesting approval of FPL's request for easement at whistle stop park. Thank you. Citizens comments? Council comments. Is there a motion to approve? Make a motion board thank you mr mayor the request before you is to approve the final plant for Smirna Creek Preserve, a 78-lot residential subdivision. Smirna Creek Preserve is located off the Old Mission Road. It's 21.49 plus or minus acres. The preliminary plan was approved on November 6, 2023 by the City Council and the applicant first submitted for final plan on June 21st of 2024. Subsequent reviews have taken place and the technical review committee has reviewed the following final plat and has found that the development needs the requirements of the preliminary plat, the land development code and the residential plan unit development agreement for the subject property. Again, the final plat is the second step in the process of substantive Iving land into separate parcels for future sale or lease. Once a preliminary plot has been approved, the final plot process can begin. And this is the subject site you can see on the screen. The total acreage is 21.49 acres, 15.6 or so are in open space and that is a three acre water retention pond. You have the conservation track in the south eastern portion where they preserved all the wetlands as well as landscape buffers and so forth. The original PUD did call 468 units after meeting our stormwater code. They were left with about 78 units on the subject property. Thank you. Applicant presentation of slash comments. Good evening everybody. My name is Matt Stolls with DRHorton 10192 down road. You know, I'm just really here to address any comments or any questions that anyone has. We've worked pretty hard to meet with everyone with the city to address any comments or concerns that anybody has. There's nothing really that I've heard or anyone has any reservations with that or where I would like to opportunity to respond. If anything does come up, just to provide additional information. You know, our site is fully constructed. Everything is stabilized, clean, we're about 99% done with the construction of the site work. Everything's been working well. There haven't been any issues on the construction side of things. You know, we understand, I think, as Ryan mentioned, everything's been approved on the construction side of things. You know, we understand, I think, as Ryan mentioned, everything's been approved on the construction plan side between staff and the board. And our final plot is approved by staff, and we're just looking to get that approved tonight. Here with my development team as well, if there's any specific questions serving engineering, land questions as well. So that's all I got. Thank you, sir. So this is comments. Council comments. I just want to say that I think I was one of the first and only members that stated that we cannot continue to build until we have a stormwater masterplane in hand before Hurricane Milton in a large rain event. When I was first elected, the original developer of this development was having an issue through permitting and it was when we were transitioning from Mr. Lear to Ryan and I met with him and I had quite a bit of concerns who went and drove the property. I'm going to sit in front of you and tell you that this is the only subdivision in all of the city of Edgewater that I have not received a single complaint about. I've walked the property behind there, the development behind there. All the neighbors seemed okay. This is one of the largest buffers I've ever seen. To be honest, please don't take offense this. I'm very surprised that this is a DR Horton project. I would recommend that this is how every subdivision, unfortunately, we're gonna continue to build regardless. We have 12,000 homes already approved in the city of Edmonton. I would encourage the D.R. Horton to continue to build like this on one is already approved in our community. This is not approval of the subdivision. This is not approval of the subdivision. It's already been approved. It's already moved forward. This is a final plat decision. I did my due diligence. I made the motion to table because I couldn't get a hold of the original developer I met with, which I got a due diligence. I made the motion to table because I couldn't get a hold of the original developer I met with, which I got a hold of and asked a couple questions. I drove the property three different times and while we're home part behind there, like I said, it was not affected at all. I think this is a subdivision that meets quality expectations. And you don't hear me say that often. I think the elevation is not a concern here. You don't necessarily see it being 10 feet above the other facility like several other subdivisions in the buffer as large. That's just my opinion. I also met with Mr. Stolls and as well as the engineer who answered all of my questions and off the property as well. And I'm more comfortable with this than other projects that have come first in the past. Mr. Attorney, sorry. Yes, just to quickly go over the law on final plato approval. The Florida Supreme Court is how that decision granted or denied a final plato application is governed by local regulations, which must be uniformly administered. The administrative procedure, and this is an administrative procedure for final plato approval is quasi-judicial in nature, and conducted to factually determine if the proposed site or final plet submitted by the property owner conforms to the specific requirements set out in the administrative regulations, governing the erection of improvements on the property. And property owners are entitled to notice of the conditions they must meet in order to improve their property in accordance with the existing zoning and other development regulations of the government. And these conditions must be set out in clearly stated regulations which they are for the city. So compliance with these regulations should be capable of objective determination in an administrative proceeding. And that is the purpose of this public hearing is to make that objective determination. While the burden is on the property owner to demonstrate compliance there's no legislative discretion involved in resolving the issue of compliance. So once the applicant meets the initial burden of showing that their application met all the cities we criteria for granting the application the burden then shifts to the city to demonstrate by competent substantial evidence presented at the hearing and made part of the record that the application did not meet such standards and was in fact adverse to the public interest. So to deny a flat application, the local government like the city must show by competent substantial evidence that the application does not meet the published criteria So if the application complies with the comprehensive plan the land development code the zoning and the RPU Deagreement the Florida statutes and they have all the permitting then the application should be granted I did just have one question um, and it's more of a simple question. I'm not sure actually if it's for your environmental services. That will be maintained by the City of Edgewater's responsibility, correct, as far as the any kind of stormwater criteria moving forward. Around that property, is it county maintained? Is it runoff to go into a county? I know water has no boundary. It ultimately goes to Edgewater Canal and out. But I'm just curious, is that in the county or is that in the city? And how exactly would that process maintenance looking moving forward because they maintain our own canals and ditches? So I'm just curious. So this site is a hydrology in this area is very particular and it's very strange. So on this west side of Old Mission, the water flows north. On the east side it flows south. So it's kind of, well, it flows south in the north again through the canal. So over here, the wetlands and the furthest southern portion that are in conservation will flow into the compensating storage pond. And there is a creek that they preserve the opening. That creek then runs under S-linger and that's the headwaters of the turmbal creek. That goes into the turmbal bay out into Indian river. They also then have the pond that is for their subdivision. So the compensating storage helps facilitate that flow of that wetland and still into that creek. And then as far as so, the county maintains the dead to long old mission. In this project, the city, part of the comp plan says they either have to dedicate the wetlands and areas in conservation to St. John's or the city. So that's in perpetuity in conservation. That's in the complaint policy. Now, as far as the HWA in this case will maintain the storm water system or this specific site, now, as far as the county maintains the ditch on old mission, and that is the county's responsibility part of that. Is that how? Yes. Did that answer? Yes. Thank you. Now what I'd like about this project is it has 21 acres plus over 15. It's going to be in conservation, which is big. Two thirds of it's going to stay conservation preservation And And the fact that it flows north, if it overflows for some reason that fun, it goes into wetlands and then to the Chernobyl Bay. And water isn't any goes north. So the trailer park that's below it, there's no worries there. I swig with a few of the residents there as well. I think it's a great project. And do I understand right that they're going to dedicate it back to the city? Yeah so the areas that are in conservation that south eastern I don't recall off the top my head how big it was. That'll be in dedicated to the city so that we perpetuity in conservation as well as the kind of the mouth of the creek which is in that northwest kind of line coming out of the northern property boundary that will also be preserved. Is there a motion to approve? Make a motion to approve FP2401 request or final platypruble or sworn to Creek preserve second roll call Mayor to Pueh yes Councilwoman Gillis yes Councilwoman Dalbo yes I'm 11 officer reports item 11 a city clerk With the special election coming up We have the city canvassing board of the Interim City Manager, the Mayor and questions. I don't think there's any any other questions. I don't think there's any any other questions. I don't think there's any any other questions. I don't think there's any any other questions. I don't think there's any other questions. I don't think there's any other questions. I don't think there's any there's any other questions. first the polling locations are open from seven to seven. It is citywide meaning you do not have to live in that district in order to vote for district four and anyone who is voting would go to their normal precinct as with any election. Um, whomever is elected on the first will be sworn in at the meeting on the seven. That's all I have. Thank you. Item 11 B, city attorney. Nothing at this time. Item 11c. City Manager. Nothing additional to the memorandum like email this morning or put in your mailboxes. There are a few things I'd like to highlight is participated in the of LNA testing for that special election in the land. Also, I'm being considered to serve on the National American Public Works Association subcommittee on Operation the Maintenance. It's not done deal, but congratulations. It's great honor. Also, staff has been working diligently with Spectrum Business to install the final components for relocating the development and review department to the new Riverside Drive location. We are anticipating that to take place no later than first week in April. I'd also like to have a ribbon cutting yet to be determined what it is. Those are things I'd like to highlight. I would like to ask Sean to give us some updates on stormwater activities. Sean Moroni, Interim Environmental Services Director, just to give you an update, like we've been trying to put out every week where the guys are working, or the crews are working. Currently, we got a big undertaking on the queen lake between 21st and 19th, cleaning up some trees that were dead or leaning over the lake, trying to clean that up. Got a crew in Parktown cleaning up. We had it. The minzy was over in the landings and their big canal and it broke down last week so it's currently still. I think we're going to have it back on the road this week so hopefully that gets back in there. Just run through doing some mowing and other things throughout the maintenance. I know everybody's interestedested in these boxes that we were reported to the state on so I did want to give you an update And I do want to get some clarification to let you guys know There's a lot of misinformation being spread out there Even by people associated with counsel. So I just want to make sure you're all in the same page These boxes are not flood control. They are water quality control. So they were cut from what I understand and what I've seen in my experience to allow water to move because of flooding issues. When we seal them up, they are not going to help with flood. It may make it worse, but it's not going to make it better. So just to let you know, currently in Florida shores, there's 92 boxes that have identified. I've looked at 53 of them so far and 20 do have some form of a cut, whether it's six inches or all the way down to the bottom of the box. So we will address that once I'm done doing all the inspections, but just want to make sure that everybody knows what we're dealing with here. So I know there's a lot. There's some videos and stuff that people are sharing that are false information. So we just want to make sure you're all aware of that. Thank you. Any further on your report? Sean, we were given 60 days to do that inventory. Yes, 60 days for the inspection. And then once I put together a plan, it could be sooner. I'll let the state know and we'll give them our plan for whatever time we think it'll take to patch, you know, at this point, you know, if it's half the boxes or whatever it ends up being. In your, we'll talk later. I've got another request related to that. Okay. That's all we had. And this Thursday and Saturday or just Saturday. Thursday and Saturday, next round of public participation in our process for Ryan's project. Okay, thank you. I'm 12. So this is comments. Chuck Martin, two or five, Chair Woodland. Just one more tonight. Now you you guys hoping I would get back up here tonight? Seeing some great progress. I haven't seen progress like this ever. I just want to give a shout out to Mr. Mourning, his team, because a lot of people don't know what's going on out there and now that he's publicly putting it out there where people can see it, it's making a difference. And these guys are doing a great job. I've been kind of looking at what they're doing. They're doing great with the amount of people that they have and hope we can up that in the future. But I wanted to get back to the county thing, because I know the county offered us some help. I know they had helped us with some cleaning out some culverts, but I haven't seen any grade halls or graders or anything. I know that I talked to Mr. Thurman when he first come on and he had mentioned, man, it'd be great to have a motor grader to run down the sides of a lot of these streets and just cut a swell and scoop that stuff up and that can happen pretty quick. And I know he's got some great ideas there but is there any updates on the county helping us you know because hurricane season is coming helping us dig some of these ditches and cut some swells. And if there is do they charge us for that or are they just gonna, a good faith to help us out, or is there any information on that? Thank you, sir, for your comments. Casey, no further assistance. Comments? We are adjourned. Yeah, that was adjourned.