I call to order the city council meeting of April 21st, 2025. Roe calls. Mayor DePueh. Councilwoman Gillis. Councilman Thomas. Mayor. Councilwoman Davo. Mayor. Councilman Rainbird. Mayor. City Attorney Wolf. Mayor. that he clerks Latinac president. Please. I'm here. I'm here. I'm here. I'm here. I'm here. I'm here. I'm here. I'm here. I'm here. I'm here. I'm here. I'm here. I'm here. I'm here. I'm here. I'm here. I'm here. I'm here. I'm here. I'm here. I'm here. I've got it. It's invisible. We're going to give you an access to the law. Please remain standing for a moment of silence. I'm too approval or modifications changes to the agenda none of this time item. Item three, approval of the minutes. None at this time. Item four, presentation, proclamations, plaques, certificates, or donations. Proclamation, fair housing model. I apologize if you can give us just a moment. We need to print it out by apologize for not having. Sure. Okay. We'll take a brief recess for two minutes. I'm going to put it in the fridge. I'm going to put it in the fridge. I'm going to put it in the fridge. I'm going to put it in the fridge. I'm going to put it in the fridge. I'm going to put it in the fridge. I'm going to put it in the fridge. I'm going to put it in the fridge. I'm going to put it in the fridge. I'm going to put to the library. I'm going to go to the library. I'm going to go to the library. I'm going to go to the library. I'm going to go to the library. I'm going to go to the library. I'm going to go to the library. I'm going to go to the library. I'm going to go to the library. I'm going to go to the library. I'm going to go to the library. Ipad is not connected to the internet either, so if you're having issues it could be issues with the Wi-Fi. Oh, another laptop was connected. Yeah, it's not my iPad's not connected to the internet either. So if you're having issues, it could be issues with the Wi-Fi. Oh, I know the laptop was connected. Nothing's connected for me. Oh, my nose. You are? We'll take a brief recess or five minutes. Okay. Item 4, presentation of proclamation, plaque certificates and donations. Item 4A, proclamation of fair housing month. Whereas the Fair Housing Act enacted on April 11, 1968, inertia in the federal law with a goal of eliminating racial segregation and ending housing discrimination in the United States. And we're asked of Fair Housing Act Prohibits Discrimination and Housing Based on race-color religion, sex, female status, national origin and disability and comments, reciprocance of federal funding to affirmly further fair housing in the communities and whereas the City of Edgewater is committed to the mission and intent of Congress to provide fair and equal housing opportunities for all. MWARAs are social fabric, the economy, health, and environment are straightened in diverse inclusion communities and MWARAs for them 50 years after the passage of Fair Housing Act discrimination process and many communities remain segregated and whereas acts of the housing discrimination and barriers to equal housing opportunities are repugnant to a common sense of decency and fairness. Now therefore be it resolved that the city council of the city of Edgewater does hereby declare the month of April 2025 is fair housing month in the City of Edgewater and inclusive community committed to fair housing and promoting appropriate activities by private and public entities to provide and advocate for equal housing opportunities for all the residents and prospective residents of Edgewater. It witnessed therefore I here and do set my hand in the cause of this great sale in the city of edgel Where to be a fist this first day of April in the year of our Lord? 2025 Okay, great Happy fair housing Okay item five citizens comments. This is a time the public may come forward with any comments They may have citizens comments related to any agenda matter may be made at the time the matters before the council. Please state your name address and limit your comments to three minutes or less. Alan Rathman, 131 Highland Avenue. Just to give a little background, I've lived here my whole life. 54 years, was born at Newsmer, Bert Fish, then grew up going to Edgewater Elementary. As a kid, we rode our bikes to the school. We played outside in the woods. We was always around. Back in the day, we had fourth of July. You had everyone riding bikes in the parade and everything. Somewhere down the path, we've kind of got away from our kids' safety in the neighborhoods. I live in Highland Shores, and now there's an industrial part behind us. It was supposed to be light industrial. Somewhere when you look it up online, it says light industrial. Somewhere that has changed. It has now become heavy industrial. Massie asphalt plant has been contaminating our neighborhood for years. We would call in, nothing was done. We didn't realize, we thought it was a nuisance. It was just dust floating over and landing on your house and on your vehicles. Now, years later, people are developing lung conditions, kids are now with bad lung conditions, where actually I've been broke out for three years with the skin condition from the asphalt plant. All this is happening and nobody's doing anything about it. Now, you can look at all the evidence. Code enforcement currently has it. They're under violation and I believe they've recently received a citation. They're about to become in front of a magistrate in May. But if you look at all the pictures, it's undeniable all the stuff floating in and it's all noxious VOCs Volk what was it Volatile organic materials floating up from the asphalt plant We put videos in there of all this stuff. You can see go up in the air in the video You see their dozers running around, kicking up the dust and the next thing you know steam is going up in the air. That's kicking it higher in the atmosphere. I'm probably about 800 feet away from them and it's covered my house. There's asphalt on my truck. Actually little particles all undenied on the hood. Everyone go out you go out out at night with a flashlight or a spotlight. You can see the air is just contaminated. So thick with stuff floating around, you realize what is going into your lungs. We can enjoy our outside neighborhood. You've lost the loss in enjoyment of your property, because you can't even be outside without breathing it in and then facing the health issues. So I asked that the council, that's what we voted in for, we know you're apt to do a good job at trying to solve these problems and we're giving you a lot with the floods and everything else, but this is one more thing that needs to be fixed. Thank you. Thank you. So the attorney needs to look into it and do what they can. Thank you sir for, for your comments. City Manager, will you please look into that and provide an update for us? Mayor Dith Ionucci, Business Development Director at Southeast Lusha Chamber of Commerce, 115 Canal Street, New Summoner Beach. Good evening, Mayor, Council, and members of the community. Congratulations, Councilman Rainbird, on your recent appointment. We look forward to working with you. I'm here tonight on behalf of the Southeast, Flusha Chamber, which represents the cities of New Sumerna Beach, Edgewater, and Oak Hill, to reinforce our commitment as the voice of business in the region. Our mission is simple but powerful to promote a thriving economic climate and to work for the collective success of our business community, so business can focus on working in their businesses. We take advocacy seriously and we believe it's critical to keep the lines of communication open between our local government and the businesses that drive this community forward. We greatly value and appreciate the relationship we have with the City of Edgewater and look forward to continue partnership. That's why we want to extend an invitation to our upcoming business roundtable, happening Monday, April 29th at 5 p.m. at Collette Group in Edgewater. This is not just another meeting, it's an opportunity for business owners and stakeholders to speak candidly about the local business climate, share feedback, and collaborate on ideas that can help the Edgewater continue to grow and thrive. This event is for chamber members and non-members all are welcome. This event is for we we're wanting to hear directly from our business community what's working what's what's not, and where we can all lean in together. We have several great events coming up, including the State of the County on May 13th, made possible by your generous sponsorship. We hope to see all of you there. You can access our website at sevchamber.com. Thank you for your time, your service, and continued partnership in supporting the SUV chamber and businesses that are the backbone of Edgewater's economy. Thank you. And what time is that start? It's April 29th at 5 p.m. at Collette Group. Thank you. Thank you. My name is Autslack, 3031, umbrella tree drive, edge water, Florida shores. I'm here to find out with all the flooding that we have. We know there's a resolution to it. And if we have the engineers working on it to take care of it, rectify so don't we we don't see it again okay it's on the corner of Riverside and Indian River that pump there is not functioning properly to take care of the water that fills up. Another thing is I see where yes this work on the canals are going on and they're building up the walls on the side, where it from the bottom is just drying out, it's going to come back down and when they dig it out, they're exposing roots The police are not going to get the police. The police are not going to get the police. The police are not going to get the police. The police are not going to get the city. Chuck Martin, two of five cherrywood land edge water. I want to focus tonight on the upcoming hurricane season, which will be here in five weeks. The city has had around six or seven months to prepare for this since the last flood. We've flooded, I don't know, three, four times in the last couple of years. Looks like it's going to be the way of the future when we get significant rain especially in the shores. So I just want a couple questions answered. Number one, do we have a hurricane shelter in Edgewater for Edgewater residents? I'm not talking about someplace else, edge water number two. Homeland security mandates that we have a backup plan for our drinking water. I'd like to know if we have a backup plan, I brought that up months ago with Jeffrey Thurman. There has to be security on it too, per homeland security, but what happens if our drinking water goes down is What's the emergency plan? Certainly we have one And with Hurricane Cummins have we purchased any pumps? You know, I the mayor's Tounted millions and millions of dollars in grants and I would hope that we would own some pumps by now We wouldn't have to go rent pumps and another county and hope they run and then one has a alternator issue That they don't have a record of and there was no P.O.s because I called corporate But we'll give them the of the doubt, even though we paid $2,100 to that pump that didn't run. But we need our own pumps. We need our own pumps and we can do this. The last thing is I would like to know as Danny Robbins or Jeff Broward have been reached out to because they got up here and they offered his help months ago with our ditches and our canals. I wanna know if the city has reached out to them for help because other than sucking out some culverts, I haven't seen any ditches or nothing dug. We're in trouble, especially at the south end of the shores. Down here by Valco, we're in trouble. And Mr. Rainbird, congratulations. You ran on fighting the flood. And when I hear from everybody that's going to speak up tonight tonight I'd like to hear what you can do to help us with the flood and so thank you. Thank you sir for your comments great questions we'll get them address. Cindy Black umbrella tree drive. Edgewater reserved just built a road onto umbrella tree drive which is going to cost additional flooding into the shores especially the umbrella travelers canal I happen to live on that canal and it already overflows during heavy range. That is, I believe, on the agenda. It's on the agenda to prove face to the road itself, it's not on the agenda. And that's why I'm speaking now. Flood and flood water, if you'd like to, but if you'd like to please pause the time first, please. And if you would like to speak on that, please speak on that. Well, this is actually a separate subject. You can speak about stormwater in the road at this time, sure. Okay, anyway my concern is not only flooding the canal, my banks fall in when it floods, every time it floods. And even when they clean the canal because it's a fragile right there in the area. And I've lost many feet of my bank into the canal, which nothing can be done right now. Anyway, I understand that it's supposed to be emergency road, but Ryan stated that it was a public road at the BNC meeting. And citizens tried to speak up and Mr. Rainbird stated at that meeting that we don't need 35 people up here commenting about the flood. We know it floods. And even one of the people that live on vocal roads and he invited the whole PNC board to come out and look at the flooding out there that it's causing. And nobody showed up to his property to look at the flooding out there that is causing and nobody showed up to his property to look at the flooding. So we already knew before September that it was causing flooding out there. And I didn't even know that they said this is going to be emergency access and the gates are going to be locked. It's been on the news that other communities have done these emergency acts with gates. These gates eventually get unlocked and it becomes traffic into other communities. So I think this emergency acts access is going to be noan void and it's going to end up with traffic onto umbrella and the other streets and the shores. We need to do more and we need to find another solution or at least find a way to pump the water away from Florida shores in that area to another area instead of into Florida shores. Please do something and save us. Thank you. Thank you, ma'am, for your comments. I really appreciate it. Okay. Item seven, or item six, Council report. Councilwoman Gillis. I have to go first. All right. A couple things. So I attended a obviously committee meeting. I met with our auditors. I attended Edgewater Union Church's 113th, 4th, A and presented a proclamation. I spoke to high school students at a kudas unhooked event. I attended our EdgeFest Easter event. Thank you Amy Jason and all the guys. I wanted to bring up a Friends of the Edgewater Public Library. I'm also a member there and they do have a very large scholarship program and they don't always get too many applications and I'll think a lot of people know that that's out there. So if you've got any kids that are looking to apply for scholarships, I want to throw that out there. The animal shelter seeking donations for their silver paws program and miss Pat's food pantry at the Methodist Church is in need of ramen peanut butter and mac and cheese for their kids program over the summer. And then I also wanted to bring up something else for consensus for the possible workshop coming up. So this will be my last thing. I know we're going to be touching base on a lot of things with our comprehensive plan and early on development code. But I know that something that keeps being brought up is the fact that we don't have a maximum fill level set, and I would like to see if we could get the ball rolling on that sooner than later, because I know that is a major concern with a lot of residents. And because I mean, building things, you know, 5, 10 feet higher than your neighbors is I think a root of a lot of the problems and the fact that we don't have anything that is stopping that is terrifying. And so I would like to see if we could have consensus on working toward that. I know I had mentioned it to Ryan and Ryan said he already had some ideas, so I think that he might even have presentations ready sooner than later. But what are your guys' thoughts on this? I'm with it or that's part of my report, but I'm glad to see you were on this. I'm with it or workshop either one. That sounds great, absolutely. And also, I know we are continuing to amend it, but we've stated that we'll be voted for the moratorium that we'd have quarterly workshops. So we'd love to have an update on where exactly we are with the moratorium as well. I know we're still new with them. But we have a goal that we need to get to and measure within this time of the moratorium. So absolutely. I know that there's a lot of things coming up that on the land development code and comprehensive plan. They're going to need to be discussed, but I feel that a lot of us are on the same page for some key issues that we could get the ball rolling on sooner. So I don't know if we just wanted to, if we want to talk about having when we're going to do that quarterly workshop, if that's something we could discuss today to get that scheduled, but that's just something I would like to see, but that's all I have for my report. Councilman Thomas. Yes, I agree with her 100%. I'd like to have a workshop or consensus of this kind of put it on the agenda about the impact fees. I just saw where the city at the very raise their impact fees triple. And we need to do something because every time they build a house, you've got two more cars, they're taking toll on a road. They're using thousands of gallons of water. They're using our wastewater system. They're using our school system. They're it's an impact on this city. And we they're going to we need more fire protection and more police uh. So I think we need to put that as a workshop or consensus to put on the agenda where we can vote on that. Pretty soon. Also agree with her. I got it on my list. How much bill you can put on a new subdivision. I mean, that walk a road is five foot higher. We got our troops in the field, our staff out there working their fannies off every day on that equipment and we need to do something up here in Act laws, you know, before the more torment over because government works so slow. We need to go now. Another thing is what I'd like to do in the under the land development code is make a certain percentage of natural vegetation in your yard. Not have fluorotam yards. I mean, they look nice, but we need to soak up this water that's coming. So if we use natural vegetation, I'd like to be I'd like that to be addressed. So we could do that on the same workshop under the land development code. And another thing is the reclaimed water. This is how we keep our reclaimed water out of the good. Of course, right now it's dry season and everybody's using our reclaimed water to put on their lawns. That's fine. But when it comes to you and you lie, what happens? Nobody waters your lawn and it builds up. And what we do is we impute in that lagoon out there, which is harmful. So the problem is, is what is $640 for hookup? I think we ought to wave the hookup fee, and what is it, $15 for just a minimum fee at whatever it costs? $9. $9? I can do that, but I mean, we appreciate these people using that water on their lawns. And the biggest holdback that I back what I've seen is the hookup feet, 640 h over, if nobody wants to do this. Another thing, I didn't see it on the agenda night, but we go back to three meetings when we were talking about feathered flags, and I think me and Miss Dobbo made a agreement that when that sea got filled we would come back and address it again and I don't see it on here. Or was that settled? That was settled for a year. Okay. We did settle that. The feathered flag was definitely my concern was the batter. Okay. So we were going to discuss that in six months. But I think what we agreed to come back was the beach. Issue that was the at the subdivision on. Jones fish camp. Fish camp road. Thank you. But that was what we agreed upon. My issue is government works those flow. We need to do this stuff now. We need to get it on the agenda. We need to vote for it. We need to give our staff some backbone and where we can accomplish these items. So that's it. Further record. I want to piggyback off on one of these things real quick. If we're talking workshops I also want to talk about clear cutting because if we're talking about everything that's something we need to add with that so I do not feel like you're going to support that too. I'm just going to throw that one out there. You know I support that. If we're going to have the workshop we might as well throw a few things that are all kind of intertwined onto it. So we need one, we need one on impact fees, one on the land development code, and one on reclaimed water. Is that okay with everybody? Absolutely. You want three separate workshops? I don't see why we can't get it. What would be the workshop? I don't know. We need the workshop for the stormwater or for the rainwater. But would we just discuss it at that? We weigh the fees of $640 who could find. I feel like you could throw that into one of the other ones so they don't think that we can do that. Yeah, we could do that. We should be back in the water. We could put that under the land available. Or maybe even get staff to give us some numbers of what it might look like as a cost in the city. How many people were not hooked up to the reclaimed water and what it might cost? I mean, that would be something for us to know before we talk about it. That's a different idea if it's supportable. Yes. Yeah. Thank you, Mr. Mayor. Welcome. Councilman Dalba. OK. Well, I had a couple questions I wanted to bring up. and Ryan might be able to help me with them. We had the SB 515 15. Okay, well I had a couple questions I wanted to bring up and Ryan might be able to help me with them We had the S.B. 515 58 using building impact fees for infrastructure From what infrastructure could you go over that and did you hear if it passed or not? that. Ryan's Holstice Development Services Director. There is a bill making its way through the House and Senate right now. It's gone through committee. I think it's just waiting to get down to the floor. That would require the city to use all excess building permit revenue for Stormwater until stormwater is no longer deficient in the city. And did that also state somewhere that we would not be able to apply for any state grants until we use up that water? Correct. We would not be allowed to apply it for state funding until we had exhausted all of the building permit revenue. I just wanted to if it wasn't discussed I just want to make sure it's out there so everyone knew about that. And the other one was the state bill for 1242 about eliminating the CRA. Could you give us a little bit more information? Got that? Yeah, so the legislature is considering eliminating the CRA and making its sunset for cities. The kind of the big push on it is that you wouldn't be allowed to initiate any new projects under the CRA. So, City of Edwaters mostly done facade grants, some way-finding signs, but as far as any other projects, we haven't activated them. So if this does pass, the money would be locked to facade grants for the end of the life of the CRA until its sunset. You know is the life of it 12th or 2045 or is as or as earlier? No it's earlier than I'd have to double check but it's all about to be first 25 that would only be for their new projects. Correct. And if there was a sunset, would we be able to use the money that's left in there for a stormwater infrastructure? So we would need the allocated beforehand and staff is looking at doing that. Would that fees or that that money would it go just towards the CRA district or could we use it anywhere in the city? No it need need to be directed towards the CRA. So the CRA plan did, when we originally did the CRA plan, we said over the lifetime of the CRA, we would invest about 2 and a half million into stormwater projects within the CRA. So likely you'll see before in the mid-year budget, you'll see staff will be moving all the money around in the CRA to do a stormwater project in the CRA because of this concern that it looks favorable that the CRA will be essentially gutted by October. Okay, one more thing. I want to see with the city toiam the city wide motor toiam since we put it into play have How does it looking for the city? With regards to well the I guess I want to get at is If we were to pull that, would we be able to raise fees like building permit fees and things like that with all the building it's going to be going on on the south side or the west side? Yeah, the city can raise impact fees are a little bit different, but for the most part the city can generally raise fees when it wants. As long as there's a public caring and it follows the process, we can raise fees as long as they're justified, or even with, even if the building permit was pulled or any of the moratoriums were pulled, you could still, even during the moratorium, we could still update that stuff. So we wouldn't have to, per se, pull that moratorium, we could make those changes. Yeah, yeah, yeah, make those changes. All right, thank you. Thank you. Councilor Rainbow. Good evening, everybody. First of all, it was mentioned that gifts of love needed some food items, mainly cereal. So I went and got some cereal and I ran down there and it was kind of nice to see that Councilman Dolbo and an old friend of mine Rick Willett were there boxing up the items. I didn't see you. I didn't see you. You and Rick Willett and all kind of mine from the American Legion. That's what veterans do. That was great to see. The last three weeks I've been getting so many questions since the election and it's kind of hard to process a lot of them about the canals and we could see the canals are being addressed to put in a map out about the canals. I wouldn't want to have to responsibly get a lot of these gentlemen on the side over here have to put up with. Do I have the opportunity to answer some of the questions that were put on them? Or is that your later time? You answered that. You can, sure. You can ask questions that you've been asked. Well, I have one for Ryan that was sent to me on email. Elegant manner. Gentlemen, there was the client for, of course, a pool from it. And his main question was, why is that considered part of Florida shores? He's arguing that it's at the end of the shores, it's a new raised up development. It's part of the shores because it's, I mean, there's technically really kind of two drainage systems, but for all intensive purposes, it's part of the Florida shores. Florida shores was built in the Termbohamics Wamp, that area is in the Termbohamics Wamp, so staff designated that. Same risk level. Correct. Because although they are raised, they are immediately abutting this Wamp. So there is that risk as well. Because he wanted me to make a motion to allow them to put pools, but if that's not feasible, I mean, I would be consider doing something. I'd like to put this on record that I was during Hurricane Milton, they had a basin. Their pond was draining into the floor to shore, Street of Silver Palm. Right. So I had video of it. So I would not recommend that at all. And even during the rainstorm event a couple weeks ago before you were elected the council that area was flooded tremendously. I would not recommend allowing that. Thank you. If I can address some of the questions that Mr. Morton had, I've been thinking about a lot of these things for a long time. I'm gonna go through proper channels, but County Attorney Jeff Brower gave me his personal phone on the, said, whatever you think you might need. I don't know what we need, I know we need. But some of the things I would like to piggyback with everybody else's ideas are like enforcement first of all. Right now we have people asking about this access road going to be used for construction now. Is that allowed or wasn't that allowed? A lot of these things took place some of them two years ago when this was all put on paper. But I think it'd be a good idea if we had, I don't know, staff or committee of volunteers, but people that go and follow up on what they're doing and what they're getting away with. Because as the mayor mentioned, about six meetings back, I believe we had two years, Mr. Attorney, two years after they get their CFO, we can enforce them to come back. Or... Right, yes, with the performance bond, maintenance bond. And is it even possible? Like, I would like to press every developer that comes here, not to be anti-developer, but what can you guys help us with? Can you guys help us work on some of this drainage? I'd love gearing park to come and help us address this because I think it's in gearing parks interest for a healthy east side of 95 also. And if this is going to turn into a flooded out ghetto because everybody leaves, what good is it for gearing parks? So I'd like to be able to find a way to ask them, hey guys, any developer that comes in front of us, can you help us out with a little bit more maybe? Or if we see something that's in construction, like Volko Road and all of a sudden the water's coming. And we have them fix it now because if they get their CFO and we make them fix it, it's going to cost them a lot more money to come back after they're done than fix it while it's going on. So, you know, just as it's going, when I had my roof done, they came in stages and made sure they checked every part of my roof. We need to get better at doing that to stop the, I mean, I'd love to see this place laid out really nice, but we got a lot of things in our way. Mr. Martin I hope that satisfactory to some of your thoughts too. Okay is that your report? Okay. Why just a couple of questions as well. I'm sorry to put this all now but I was just wondering a couple council meetings ago. We voted and we gave consensus to hire a part-time clerk for our grants department. It's my pride and joy to hopefully receive some state funding and love any grant money we could possibly receive. So I was wondering if you could provide an update on the council of where that process is if you don't have a process or update now if you could please get that to us. I think that's really important as we continue to hopefully receive grant funding. We have received approximately 45 applications for the part time position surprisingly be a lot. Quite frankly, with the work. We have a lot of work to do with the work. We have a lot of work to do with the work. We have a lot of work to do with the work. We have a lot of work to do with the work. We have a lot of work to do with the work. We have a lot of work to do with the work. We have a lot of work to do with the work. We have a lot of work to do with the work. We're close to that. There are some organizational changes, staffing, responsibilities that even at mid-year, I might ask it to go, or at budget time, ask for it to be a full-time position. Right. Because right now, we've got a person in environmental services that does grants as well. I want to centralize that all to our grants. So our environmental folks are concentrated on their issues and have grants all within the grants arena. So that's kind of where we're at. I hope that helps. Great. Yes. Thank you. The other question I had was Councilmember J. Jo Hansen and I. We talked frequently, he calls and asks how edge order is going if he can help in any way. And he helped us a little bit and call has his well, but we had a meeting Back after the end of Milton about there was a Potential grant program that we could walk into that would bring day laborers here that the state would pay for I was just wondering I think we had consensus for you to reach out. Have you have back from them? We've had, I'm sorry. No problem. We've had some preliminary discussions with their coordinator of that program. It's just kneeling down that those details. We have dealt with that program in the past before I even was with the city and there was pay issues but it wasn't free. Still cost the city. It might have been an up front for so many years and then there's an agreement to carry on that employment but there was a so we're working out those details. Okay great. And then the other question I had was an Aaron this is nothing negative towards you but we gave consensus for an attorney evaluation and I believe that or at least I've received it in my email and I don't think it said draft I don't think that that was the official evaluation. Did you guys receive an email of that by chance? I think it was email for us to look over to see if we liked it or anything you'd like to see in it. Did you can we discuss or you guys up to date on that? I think it was Councilman Rainbow, I think you weren't on the council, but I think we received that email and we haven't done an evaluation yet. So was everybody satisfied with the questionnaires? Is there anything we'd like to change? I just thought it was the rough draft because usually when they give us the evaluations if we get it from each other in a folder to return so that was just showing us what they were going to give us and then we're waiting on that. Gotcha. Well, Council, if there is a consensus, I would like to move forward with that evaluation. I'm sorry, Council Member Rainbird, if you're not up to date on that. But if I was satisfied with the draft that was given, I think that we could move forward. If that's okay. Great. And then the other question I had was, I've been asked a lot of the community of this is The city manager search update this body. Do you have an update on that? Yes, I was going to spend it under my report. Do I mean to do it now or wait? You could do it under your report And then the other question I had sorry, but I get a lot of calls from the residents a lot of people in all of Lish County, but we're going in the budget cycle. And the state has created a program of called DOGE. I was just curious, are we reaching out to them to participate? Are we DOGE compliant? I just saw that a few counties and cities have volunteered to be a part of the program. I was just wondering if we're up to date of the bill of the line. I would got an email on it a few weeks ago. But if we were going to do the doge compliance system during the next budget cycle, I was just curious if we wanted to do doge altogether or how that would work. We're fully compliant. We responded back to the state DOGE department on the 18th of March that all the questions they asked for were in full compliance. I ran it through our finance group and we responded back to the governor's office. Great. Great. I will this. I would expect additional questions moving forward as they get their legs underneath of them and we will be fully transparent and ready to answer any questions they have. Great news. Thank you. Okay. Is that all? All right. So item seven consent agenda. All matters listening to the consent agenda are to be considered routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the council. In which case the mayor will remove that item from the consent agenda and such items will be considered separately. Is there a motion to approve the consent agenda? Make a motion to approve the consent agenda. Seconded by Councilman Rainbird, roll call. Councilman Thomas. Yes. Councilwoman Dalbo. Yes. Councilman Rainbird. Mayor. Mayor Depu. Yes. Councilwoman Gillis. Yes. Item 8 public hearing ordinances and resolutions item 8 a second reading ordinance summer 25-year-old at show six request show man the floor stores drainage basin building permit moratorium staff report Should I read it into the record? Sure Okay, Board name is Board of the summer, 2025, that showed that it was 6th. In order to the city of Edgewater, adopting a temporary moratorium on certain building permits for the Florida Shoes Range Basin, limiting any building permit that would increase the amount of fielder for a period any no later than January 5, 2026. Unless we send it or extend it by subsequent ordinance, provide a procedure for vested for the right review for this matter's address herein. Find for conflicting ordinances, provide a receivary building, and provide an effective date. Staff report. Thank you. This is a second reading. The no pools shall be permitted. Was added back to the language of the ordinance. Again, this is to amend the floor to shore of drainage basin building permit moratorium from impervious to no fill. City staff stand ready to answer any questions. Thank you. Open a public hearing citizens comments. Council comments. If I remember right, we were talking about financing and outside sheds that without the concrete slab built up on, is that correct? Anything else? Yes, so this would not allow pools and it would not allow anything that would require fill in floor to shores as far as a build in permit. So whether it's a single family home. But are we talking about anything else without fences and shreds or? No, besides the only the only one that was pulled out specifically would be pools? Okay, and so I do have a concern about that exception not allowing pools Further reflection on that. I do think that should be grounds for an equal protection challenge to the ordinance In an equal protection claim we've all survived whether situated persons are treated differently. And there's been some examples presented, for instance, a shed with a big shed with a concrete slab would be allowed if it didn't have a folder, whereas a pool would not. So it seems that the ordinance would be treating those two people, although they're similarly situated, the ordinance would be treating them differently. I Thought we we have proved the sheds without this lab to be built up on skills or whatever Am I correct on that? Yeah, we don't have anything in the land development code where I could prescribe that you would have to do that Um, you know that would obviously. We would be allowing. People would be allowed to build in floor to shores. Everything. On a ground concrete slab. Slab on grade, no fill. Slab on grade, they would be allowed to build anything that's permitted within the land development code. So if we allow that, that would make it, that would make a statement. So if we not denied all of it, the fencing, the slabs and the pools would that be okay? Well, then we're back to where we have currently, which is the no impervious, no new impervious in the area. I agree. The major concern that I had is there's individuals that want to build a fence. It's not really going to add too much to the water basin and as Mayor Thomas stated, it wanted it to be no concrete allowed but you were allowed to put a shed on center box. So there's no way to regulate center blocks on first shed. I mean we would have to yeah I mean we're getting into the nitty gritty of each particular thing and that really should be spelled out in the land development code not in this I mean we could do that in this ordinance but we'd have to get extremely complicated to line item out regulations for each structure. Even if you put it up on center blocks, you're still affecting the probability of the amount. Correct, because the center blocks are technically there. So that's why even in the current one with no impervious, even if you put center blocks down, there's still some amount of impervious being added. And it has to be equally applied and uniformed across the area. Because of the rooftop? Yeah, you're making an umbrella so the ground's still not getting wet. No, just by the nature of them being on the ground. So what's a safe way to do it? be to go to just no fill because that's kind of the logic behind it. Right. And take out that one sentence, no pool shall be permitted. I agree. I think that, you know, them not being freed equally could lead us to another lawsuit. A shed, you know, and a pool is not much, there could be that much difference in this per footage. And I think that the pool should be allowing the sheds or driveways or everything else. I think the pool should be off the table and let them build if they need to or want to. There's two ways to look at that too. I mean, if you know a storm's coming, you could drain your pool, which would hold a lot of water. Now, I'm not talking about draining it all the way. I'm talking about several feet, anyway. If we amend it to, are we able to, if Council sees fit, are we able to pass it without the pooled in to it tonight or is that going to have to go back to you? Yeah. You could. Yes. So the motion would be to approve it with the deletion of the sentence. No cool shopping. Correct. I wasn't briefed on this issue before we got up here. So if we could maybe we've tableed it once. So we're talking about updating this and updating that. So maybe we, I know we keep kicking the can down the line, but maybe we need to hold a special meeting on the moratorium, which we had consensus on already to hold a moratorium update. I just have concerns right now because it's not just affecting people with fences. I've got people who can't hook up their hot water heater. They can't get propane. It's affecting so many other things that I believe were unintended consequences. I mean, the main goal was to we don't want people building these houses so many feet above their neighbors and flooding out their neighbors and increasing their pervious until we knew what was going on with our stormwater master plan. But I think if we push it again, that just concerns me because there's, I've got people that I'm touching base with every week, residents all over town, mostly, I mean, obviously mostly in the shores as far as fencing and some permits. They had converted all their appliance into a container. They had a propane tank. They had converted all their appliance into a container. They had converted all their appliance into a container. They had converted all their appliance into a container. They had converted all their appliance into a container. They had converted all their appliance into a container. They had converted all their appliance into a container. They had converted all their appliance into a container. They had converted all their appliance into a container. They could not if you want to follow up on if you want to explain that when I don't really I think they had a propane They had converted all their Appliances to gas natural gas and they needed to put a slab down for a our gotcha and Again have to uniform tank and the can't bury the tank. I mean anything, I mean I have to uniformly apply this language. The issue is the fill. Anyway, it's, you know, it's neighbor that's 10 feet above you. I've got a hundred gallon gas tank on my hot tub and it's sitting on center ball. I have protein tanks that are on slabs, so I guess it depends on maybe when they were put in. Well, I could be too. It's a updated law. I mean, I did that in 87. Yeah, maybe more. So what direction? I want to go. The council I could discuss in Gillette. I'd like to move forward in. And he has a second reading. And remove the sentence no pull shall be permitted That way though we can just move on it'll just be no fill only no fill brought in correct Correct and it'll just mean that everyone who wants to go to house Is want to have a big sway on their backyard. They won't have a backyard per se they'll have a sway also They're walking out the back of their porch or their pergola or patio they'll have steps going down into their yards so I think we need to be aware of what the house will look like while the while the yeah it certainly will look different and what is existing in the neighborhood currently and the cost it'll be at least 50,000 more than building a regular house you know but's at least. Put out there just so everyone is. About how many are we talking about? Well, the thing is most of them have been the ones that were in before the moratorium. I mean, I've gotten calls from the mayor about them. They're already in. So it's almost kind of a moot point because no one's been the ones that are in that are perceived to be the problems are already in the process so they're going through. So- Right now this is affecting more of our residents that we didn't want. We didn't want people to come in with more of these huge developments around those areas and building up 10 feet higher but it's having done 10 consequences or it's affecting our regular residents who are just trying to pull a fence burn. Yeah, so I think so the the original if we take a step back on the original one the original building permit moratorium the premise here was we were not going to add any impervious because we did not have concrete data to say this or that that's acceptable that's that's not acceptable. And so we said, okay, we're gonna put a pause on Florida shores for a year to not exacerbate flooding. Because, you know, I couldn't say for certain, with certainty, I could not say to someone, you building a 1500 square foot detached garage and your Florida shores won't contribute to flooding in the neighborhood. I didn't have that confidence. And we still don't have that data. So we did this moratorium based on no new impervious to have that uniform slate across the board that this is what we're doing. Obviously the impact was not understood that this was what was going to occur. And so we want to have fences people want to use their properties. And I understand that. And so doing the change tonight to just no fill, will restrict anyone further during this six month period from doing fill in floor to chores. If we were to do just that without the pools, someone could still do a pool, a shed, a fence, a driveway. All these things that people have wanted to do, broke paying pads, it's just they would not be allowed to bring in any fill to accomplish any of those tasks. So they would have to find a different way if they needed to raise them. All right, I'm going to ask you a hypothetical question. If we approved it to let them build a pool, about how many are we talking about? How many pools are going to get built? How many of you denied so far? Hot my head between 15 and 30? 15 to 30. Yeah. You've denied because of the mort just pools I'm amazed because a pool is not cheap anymore. No pools are grand But that's also you know people if if they're wanting to invest in their property that much money Yeah, you know, it's it's a serious and that and they have sure you, if you had saved for a decade to save for a hundred grand pool, it would be a little disheartening to not know that decade's worth of savings cannot be used when you want to use it. So I think the question is before the council is do we want to allow people to use their properties and floor to shores with this condition that you just can't use them during this remaining period of time until January 6th. I think really shortly when I think we need to just go on it don't bother me the way really. I was removing Phil. Technically, yes, it is removing dirt. The same thing. I lowered my pool. And it helped me a lot. But the still the impervious. But you are removing. You're making you around the pension palm. Like you were discussing this, put rays in the houses up, and having a deck with, yeah, to a certain extent, I mean, it kind of acts like a, we'll call it a compensating storage farm because the water's always typically in it or a wet pond. But, yes, there's very little volume, but there is more volume than there was in the pre-development with a pool. We'll say that. And isn't there something in there that states that you're going to have somebody look at it to make sure it's not going to affect the neighboring property to a higher standard of OROs? That's something we're looking. What was the conversation I had with you privately that I am thinking if it was part of this one or something. It's we're gonna bring up for something else. It's part of this. Could you explain that a little bit better? Yeah, we were looking, what was the conversation I had with you privately that I am thinking if it was this one or so, we're gonna bring up for something else. It's part of this. Could you explain that a little bit better? Yeah, we were looking at matching historic grade as a possible code change. So in Florida shores, you could bring in fill to match your neighbors existing grade. So if you're neighbors at 12 and your neighbors, the other neighbors at 13, you can match the 12th. And then from there, then if you needed to get height, which is called free board, which is the difference between where the flood waters are and your house sits at, and kind of that base flood, you would have to do another type of, you know, either it's a stem wall or hylings if you wanted to get more free board. This kind of has that in here where storm water report, no adverse impacts upon adjacent properties. Storm water permit will be reviewed for that cut. When would that go in for the pools as well? Yeah, yeah. I mean, it really just codifies again that the city is gonna take a closer look at individual permits as far as store-mortar goes. It's really what that language in section two and it details. Somebody remates the numbers. What, we got 7,000 on the floor to show us what's, and've been turned down 30 what percentage of that what percentage of that I don't have the data as far as well we can run it on the 30 by 7762 but I don't have like I don't have fences that's pools I don't I would have to pull all that data I will say that for the most part we typically get about I'm going to say from the Florida shores area we probably get three to four thousand permits a year out of the total cities permits and we get we do about not on pools. No not on pools but just in total permits at the city for what people pull for drywall roof anything. HVAC. I'd probably say about probably 40% of it comes't had to tone my staff to tell that person know and get yelled at is that they've kind of realized that we're not permitting that stuff right now. So people kind of stop trying. Well, when they come in there, if we do approve this, I mean, we can't put it in writing, but you could tell them say, look, on our upcoming storm, you need to drain your pool a little bit. Yeah, I would need to defer the shawnt on that as far as. For future stuff, is that something we can look into? Look into what? I'm thinking out loud. Is just. Whether we can drain pools. Just as far as just something like those parts are hurricane preparedness. I know you're going to talk about is suggesting that people do that. That don't think about that. I think there is some issues with keeping a pool dry. So but I'm now full contractor. So I would need to look into that more. I'm just thinking of that. I think we digress. With the water table so high and not the weight of the water in the pool there's potential for them popping out of the ground. I'm talking about drain the whole pool. I'm talking about just two. Maybe just a half way way. Yeah. Just to hold some water. I had a stepby tank pop out, so I don't know exactly what he's talking about. Is there a motion to approve? I make a motion to approve the second reading ordinance number 2025-0-06. The leading sentence, no pool shall be permitted. We already did, ma'am. We did. Yeah. Yes. We did. Yes, we did. I'm sorry, ma'am, I called it. Nobody got up. I waited five seconds. After the fact I said it, nobody raised up to come to the die-ass.'re correct. And of course got it on record. Yes you did. Is there a motion to approve or is there consensus to open with this as comments back again? I would like to open this as comments back up because I heard a couple other people say that they didn't believe we opened it either so I hope I mean it's on the record. I heard you but they didn't hear you. Citizens comments at this time. No problem. It is better hearing back there. Cindy Black umbrella tree. When you put in these pools, my grandfather owned a pool company very large here in Florida, and he's passed away. These pools with the decks can be as large as a house. Mr. Thomas, you have a floor, and I know you have a large large deck also. And so you're talking about a lot of impervious surface. And even when you drain them during a hurricane surface, the ground is usually already saturated during that time of year. So you're draining them onto basically, you know, the ground saturated already. a lot of people don't drain them. My yard flooded and property actually fell into the canal and had to be rebuilt many, many years ago because my neighbor didn't drain it, pull in it flooded and cost it the yard to fall into the canal. So you're counting on people to drain, partially drain, you drain, so they'll hold more water. Well, they don't do it. Plus, wouldn't it flood silver? Because it will flood if we have 22 inches of rain, it will flood into neighboring properties. So it's just not a good idea. You're talking about house plus pool and deck is biggest of house. And then people go to complain that yell it flooded their neighbors flood because you've got left land for to absorb water. I don't know what you're doing here. Thank you. Thank you, ma'am, for your comments. It's appreciated. Sorry. I wasn't loud enough. Sorry about that. It's like 3031 on Brawler Tree Drive. I'm a neighbor of ours. I have a pool. The weatherman could say it's going to rain, a rain hard. You drain your pool ahead of time so it starts draining. It doesn't rain. You look like a real ass. Okay? Even if it does start raining hard you start pumping the water out. It's going to flood anyway. Our problem is when I take in care of the flooding. I got on Brawler Tree. They're working on it almost a month, a month, and it's halfway cleared out, a month. There's something wrong with the leadership of that department. They're not doing a job right. I'm at the air center of the canal. All those people down all the way to Indian River and all the way to the intercostal, who's doing their work now. We're way behind. June is coming. we'll be talking flooding, flooding and flooding again. And you've seen it a week and a half ago, we had a little bit of rain, a flooding that occurred over there. We're in trouble. And we only blame a certain group of people why we're knocking down. There is over $3 million in environmental storm water escrow. And we can't buy any equipment. We got people that want to buy it. We don't have people to operate it. You're in trouble. Thank you sir for your call. Chuck Martin, two of five, Sherrywood Lane Edgewater. Thank you Mr. Rainbird for not I'm not pleading the fifth. I thank you for that. As far as the swimming pools, I have a swimming pool, it was there a long, long time ago. And so what I did, because I have experience with construction and pools and public works and solid waste, is a week ahead of time, we knew exactly how much rain we're going to have last hurricane pretty much so I put my pull down 12 inches the water tables about four foot down it's only five and a half deep anyways but I pumped it down about 18 inches and well ahead of time and that water percolated it was gone out into a little swell I got out front and then when the storm came it was actually a perfect it kept my back yard from flooding and you know it came up to my pool deck and started coming towards the house and then it emptied into the pool and then you know if I had to pump more water out of my pool to keep from coming in the back of my house I'm able to do that. So as long as, you know, and I've seen some houses that are built down there and they're high enough, they don't even really need any fill down there in some areas. And I think it would be beneficial to the owner to have a pool if they can afford it. Why not? I mean, we're only on a surf for a short period of time. I'm sure they worked their ass off to be able to afford that. But when you dig the pool, you'll have a little bit of extra clean dirt left over. And you can put that on your pad because when you clear your pad, you're going to have roots and some sand and you want to kind of move that out of the way. And what they dig out, you know, for their pool, they can use to smooth out their pad and stuff like that with. And, um, you know, I just, I can't see anything negative for that really because if you, if you don't have a pool in your backyard. And here comes a rain, you know, 18 inches of rain is not going to soak into that water, it's going to come in the pool in your backyard. And here comes a rain, 18 inches of rain is not going to soak into that water. It's going to come in the back of your house or go in somebody else's house. But if you have that capacity, it's like having your little retention pond in the backyard. And if you don't pump it all the way down, you're going to be fine. I've been doing it for 32 years in the same spot. And it seems to work very good. But then again, thank you, Mr. Rainbow. And you can speak anytime you want. You don't have to ask permission. Thank you, sir, for your comments. It's appreciated. SAP 2630 Travelers Palm. It seems like every month since we put this moratorium in, we're here amending it. Did anybody think the whole thing through before they initiated it? I know there was people screaming, we got to do it, we got to do it, We got to do it. Well, good is it when it was changing it every month. We're spending more time changing it than we put in to initiating it. Something should be looked at closer before we initiated. Just my opinion. Thank you, sir, for your comments. Ma'am sorry. Ma'am sorry. Seeing no further comments? Back to Council discussion. Okay. Is there a motion to approve? Make a motion to approve the second reading, ordinance number 2025-0-06. Deli the sentence, no pull shall be permitted. Is there a second? Second. Roll call. Councilman Thomas? Yes. Councilwoman Dalbo? Yes. Councilman Rainbird. Yes. Mayor DePue. No. Councilwoman Gillis. Yes. Item 8B resolution. 2025 R-09. Request to make application to the Florida Commerce for an FFY 2023 to 2024. Small City Community Development Block Grant CDBGG and the neighborhood rehabilitation. Please read into the record resolution 2025-R-09 resolution of the city council of the city of Edwater Florida authorizing the chief elected official or city manager in the mayor's absence make application to Florida commerce for an FFY 2023-2024 small city's community development block grant CDBG in the neighborhood we bottle the station category. I mean, $50,000 in city funds to be utilized as leverage funds for awarding CDG funding for writing an effective date and for other purposes. Thank you, staff report. The City of Edgewater desires a submitted application to floor the covers for small cities community development block grant to benefit people of low and moderate income. The City of Edgewater desires to show evidence of its commitment to provide a specific amount of 50,000 of leverage funds to be used in carrying out this grant application. The City of Edgewater proposes to replace some of the two-inch galvanized pipe to help eliminate color issues and increase fire hider flow in the northeast area of our city. In repair, slash replace air release valves in the collection system for wastewater leading to our wastewater treatment plan. This will address inefficiencies in sewage conveyance and alleviate treatment costs due to high pressures being eliminated in the collection system. These improvements will ensure that the water and wastewater system continue to serve in a safe, hygienic and reliable manner. Overall the project of replacing two inch galvanized pipe in the Northeast area of the city and additional ARVs are air release valves in the collection system leading to the plant will improve the functionality and integrity of our water and wastewater systems in a foreseeable future. We're asking for approval of Resolution 2025 RO9. Thank you, we're gonna open the public hearing citizens comments. Council comments. I just have to put a question. So is it a $50,000 match or would you see the put $50,000? It's just a $50,000 actually. It's going to be considerably more that we're potentially going to be awarded. Okay. So we have to match anything. It just just it helps with our scoring for the application. Okay. Any time we can get grant funding is always great thank you for everyone who helped this especially the grants department. I know this is a project that they've been looking at doing for a while now I know that people in that department had told me almost two years ago that that was a project that they were working to work on with the pipes on that part of town. I'm happy to see it move forward. I know Sandy is great and we're always applying for grants and I just I'm happy to see what we could get for storm water moving forward as well. Great. No further comments? Is there a motion to prove? Make a motion to prove, zero to five, or dash zero nine. Second rain, first. Is your microphone working? I don't know, is it? I can hardly hear you. I don't know, bird. There you go. Okay, roll call please. Councilman Thomas. Yes. Councilwoman Dalbo. Yes. Councilman Rainbird. Yes. Mayor DePue. Yes. Councilwoman Gillis. Yes. Item 9, Board appointments. Item 9A. Economic Development Board Councilman Rainberg's appointment to fill the vacated seat of Felisa Council comments. Staff report. Thank you, Mr. Mayor. This is Kelsey Bauer served on the Economic Development Board. She took a new position with Evan Health in the land. Her replacement on Advent Health here in New Smyrna Beach is Joshua Champion. He applied the Economic Development Board on March 26th of 2025. The Economic Development Board at the April 2nd hearing sent to unanimous decision to support the appointment of Joshua Champion. The motion by staff is to appoint Joshua Champion to serve on the economic development board. He is also here if you'd like to ask any questions. Great, thank you. Citizens comments? Council comments. Mr. Mayor, I've had two other citizens approach me to say that they've also put applications in. And, uh, they received their, or is there a cut-off? So, the ones they received, I received Joshua's and then I've reached out to the other applicants. One of them I asked if she would consider serving on this board. So I actually have two vacancies for the economic development board. And I have one vacancy, of course, on the planning and zoning board. So I'm trying to foster to get people to be on the boards they want to be. And those will come before you for those considerations. But the other two applications that I have. He's the only application I see. I'm going to ask if for the other two applications that I have. He's the only application I see on the city website. So we received the two others. I just brought this one because I didn't have those at that time. They were submitted. Does that make sense? makes sense. It seems that we have more people in the city that actually want to do something. Because it's hard to find people in this city that actually want to do something. And then we're not going to let them do something. I get it. Well, they'll be coming before both the Planning and Zoning Board this month for a recommendation on those two applications and then to the Economic Development Board for the other ones. And then it'll be for Council decide which one to appoint to which board at that point. They were satisfied? Well, I haven't heard back from one of them. So I'm going to direct one of them to the position that they had said they wanted for consideration since the other person didn't respond. This person did respond. So they have a little bit more interest. So they get to choose, I guess, in that case. OK. We'll be the next one. So those applications were received after this agenda was published. Correct. So, there's only one vacancy right now. The other second vacancy is second. There's three vacancies, one person applied prior to this agenda being published, two others applied after the agenda being published, or when this had to get advertised, and then they will come for the other two vacancies in the next month. There's two other two resignations on the economic development board and then when this one was the only one had been turned in when this agenda was published so then after that was published the other two key means so there is another spot that's there. And then the spot for the agency. Correct. Is there a motion to approve? Excellent. Resume by the way. I just wanted to be fair to the other people that want that applied, but this applicant has an amazing resume. You're supposed to keep a resume to like two pages. He went to four and if that was my resume, I'd go to four to do some more. They said he is here because we have him just come up and introduce himself. Good evening everyone. All right as Brian said Joshua Champion, I serve as vice president and chief operating officer for Evan Hill News Murnabeach. So I love this community and live here in Volusia County myself as well. My family and I, my wife Rebecca and our son, Jayden and Alex. And I would definitely look forward to serving on the committee and being part of great work happening here in the city of Edgewater as we continue to be a partner with the city in New Smurnabeech as well. So happy to, again, answer any questions that you all may have. Thank you for doing this. Yeah absolutely. It's my pleasure. Thank you so much. Thank you. Thank you. Is there a motion to approve? Please keep in mind this is Councilman rain bird's appointment Right there wouldn't be I would like to make a motion to appoint Joshua Champion, the Economic Development Board and the vacancy. I Roll call Councilman Thomas yes, councilwoman Dalbo. Yes, Councilman Rainbow. Yes. Mayor Depute. Yes. Councilwoman Gillis. Yes. Item 10. Other business. Item 10A. FP 2400. Request your final plan approval for Edgewater. Preserve phase 2. Generally located west of Volko Road. Staff report Thank you Ryan Solskis Development Services Director. This is the final plan FP 2400 request for final plan approval for edgewater preserve phase two generally located west of Volko Road. This development has met all the requirements of the land development code the comprehensive plan plan, and the residential plan, unit development agreement. The contract that City Surveyer has reviewed and approved the final plot, as well as meet and hunt our third party contract engineers. This item has come back before the board because the developer has responded to City Council slider to them. and the Land development code does prescribe that once a final plethora is denied by City Council, the applicant, the council will write a letter to the applicant. The applicant will be allowed to respond to said letter and then will be allowed for another hearing. With that staff is recommending approval for the final plethora for Edgewater Pres. Oh, any color? And Mayor, I believe the applicant's attorney is here and has a presentation. Yep, got to open the public hearing first and then we'll allow the applicant to come forward. Good evening. I'll just I'll just I'll just I'll just I'll just I'll just I'll just I'll just I'll just I'll just I'll just I'll just I'll just I'll just I'll just I'll just I'll just I'll just I'll just I'll just Sorry about that, I thought you said before. No, as soon as the application is completed, sorry. Sorry about that. I thought you said before as well. Hey, good evening everyone. My name is Billy Dove. I'm an attorney with Gray Robinson, and I'm here on behalf of the Edgewater Preserved Developer. We have our project engineer with us as as well. So as you know, the final plat application was originally submitted to the city back in April of 2024. The materials that were submitted with that final plat application are incorporated into the record by reference. Those include the current deed, title opinion, final development plan, final plat, sign-in-sealed boundary survey, mylar tracing and plat, proof and payment of taxes and all the requisite HOA documents. As you can see from those original application materials, the final plat application is and always has been consistent with the city's land development code and comprehensive plan. Also recall that last year the city's planning and zoning board voted unanimously to advance the final plat application to this council. City staff has worked extensively with the developer on this plat throughout the preliminary stages and to the final final plat application stage. Your staff has indicated multiple times including tonight that the application is complete, compliant, and recommended for approval. Ultimately under the city's land development code, quote, if the final plat meets all the requirements of land development regulations and complies with the approved preliminary plat, the city council shall review and approve the final plat. Pursuit to your own code, Edgewater preserves approved vested rights letter and the complete and proper final plat application, the council's approval of the final plat is no longer discretionary and it must be approved. I want to address a couple of other points that have heard come up. I want to emphasize though that it's important to remember that the final plat approval is just the process of subdividing land into separate parcels for future sale. So in addressing these ancillary points that I know have come up here, that is, it's separate from the application itself. I just want to, for the benefit of the council, provide a little bit of information here. So review of stormwater systems and compliance has already occurred, and it's no longer it is here. And as you you know the developers filed a petition for Ritusertia RRE review with the circuit court to appeal the previous denial and this was an action that we had we hope to avoid but we're required to take to preserve the developers of pellet rights based on that 30-day timeline to file those petitions. We were able to work with your city attorney to agree to an extension of time for the city to respond until May 21st based on the reconsurration of this hearing. We are absolutely willing to dismiss that petition that the council approves the final plat provides the necessary signatures for recording. We've also reviewed the city's letter of February 20th as your development director stated, stating your reasons for the denial of final plet application. And we provided what I believe is a very detailed response to your letter highlighting that the developer previously worked with the city staff to develop detailed preliminary plet application containing a comprehensive stormwater management engineering report, including that the edge water ponds are designed to accommodate a 100-year storm event and reduce stormwater runoff under normal conditions to levels even below the pre-development conditions. The stormwater plans for the phase 2 development were also reviewed and vetted by the St. John's River Water Management District, and the water management district has approved two permits for the clearing and the clearing and grading and for the full build out of the property. Throughout this process the developer has even reduced the number of homes planned in the development by roughly 34% and it added additional stormwater capacity. And I know again I think very much unrelated to the platted issue you know it came up earlier with respect to the access drive that was being installed on the north edge near 36th Street. So I want to be clear this, that access drive is not for public traffic. That's emergency vehicle use only only and it is according to the approved plan which was already submitted to the city. Once completed that drive will be sorted and a gate will be added at the end providing access only to emergency vehicles. It's not for through traffic. The emergency access driveway was previously planned and approved by the city and those emergency accesses are required by city code. Just to be clear, the cul-de-sac at the south end of that access drive is designed to drain into the development storm water system and not onto that drive or adjacent areas. So we thank you to council for your time today and again request approval of the final plan application. Thank you. Thank you. Citizens comments? Chuck Martin, two of five chair with the Nedge Water. I want to ask him, but I don't waste too much time. Are you talking about the paved road that goes up at Umbrella or the grassy road down the way? The paved road at Umbrella that goes up, the paved now, is that emergency access only Yeah, I'm not talking about that one. I'm talking about the one and the umbrella 35th They just went and they did the lime rockets going up the hill is get you now? Can you stop my time please? I'm just asking a question please. I'll allow it unless Ryan has the answer to this question because I do believe that this is a question that the residents have asked me at the time. Please stop my time. Ryan's whole system development services director the end on the the coldest act that a bus 36th Street as an emergency access so they are improving it stabilizing it so it looks solid it looks like a sheet that it would just flow right now they're doing that to stabilize it prior to sorting it so that in the event that an emergency truck like the fire truck had to go on that slope it wouldn't just fall in if it was just dirt it would just sink in so it needs to be compacted first And then they'll saw it and then and then the gate will be installed later But it is if you recall I don't know nine months ago or so maybe a little longer than that maybe over a year ago city staff approached you Staff wanted that. Members of the public came out during the preliminary plait said no we don't want that we went back. We got rid of it at the preliminary plait where it just became an emergency access. So it was we've went through this once before regarding the road at the north. Thank you. Okay there's also another access point that's grassy that's down I guess to the east more. Now that's got a gate on it already and that's already saw it. You know the part I'm talking about. Okay. Yeah, that's what a lot of citizens were concerned about. I drove down there Friday evening. I met with some citizens and talked to them. That was remain concerned. But I did also while back I met with Jeff Riehrman and the mayor and suggested that they dig a ditch along there and take it around the corner to the west and a retention pond. The contractor actually, Jeff, can you look at me when I'm talking to you please? Or this way? We went down there and we met. Now I'm just, and they offered to help dig a ditch to get that water out of there and you stated that we could handle it and the city did to go down did a little bit of scratching and stuff and then put some lights in in there that's not going to get their water out of there back to the west and around the corner to what they need. Now the contractor offered to do it and you said that we would do it and we didn't do it. And there's people are going to flood it down there again if it's not done. That's what I'm talking about. And also when you go back to the, at that what we're talking about, if you go back to the east, there's a, where that road that's going up, there's a retention pond there. It's got water in it now And I hadn't rained really in a long time But all that muck needs to be dug out and that canal back to the north I just haven't seen the work done down there that needs to be done and help those people from Flooding again now the contractor was out there We both met with him and he offered to dig it out So I think they want to help here, but they have to have the permission to do it. I mean, that should be priority. You know, I've seen other places dug out that look a lot better. And I feel that those people down in that section haven't had the the justice that they need to get that get that water done get it flowing. And Mr. Thomas had mentioned about digging a getting a canal going that way. Also, I know that's a little harder, but that ditch needs to be dug out around the corner and that asphalt needs to be pulled up. That's what I'm talking about. I'm disappointed that it's not done. Thank you, sir, for your comments. It's appreciated. The knee black umbrella tree drive, I was at the meeting when Edgewater Preserves was approved, and it was approved as a golf course community. There was supposed to be a large golf course out there, and it seems like the golf course whole aspect of this area has disappeared, which would have been great for absorbing some of this groundwater that's coming into edge water. I'm sorry, Florida shores. The whole thing has been changed, you know, and now they're talking about suing us when they've changed what was preceded before the City Council at that time. So, keep that in mind when you're thinking about all this. I'm not saying don't approve this phase because that may have been the original plan for this phase because I believe there's eight phases to this whole thing. But this project has changed over time. But anyway, we're flooding in Florida shores, and that's what needs to stop. And what this gentleman just said that these ponds are designed for the normal amount of rain. These hurricanes aren't normal, so it's not designed for normal rainfall. So keep that also in mind. It would just own words. Thank you. Thank you, ma'am, for your comments. Are there any further citizens comments at this time? 3422 with undrive, Ashley Appuade. So going back to the pawn set, you guys are going to be adding in those deal with 100 year flood situations. What they don't take into consideration is the fact that all of that wetland is now being filled in significantly higher than the southwest end of the shores. So your pond isn't going to do anything when all of that water is rushing into the shores anyways and has nowhere to go. So if this has to be built on because it's already been clear cut. If it has to be built on then the lot sizes need to be double and triple so that there's still more land for the water to soak into. There should be ground soaking trees to suck up the water, lots and lots of vegetation. And something has to be done to stop the water. We're throwing in all these houses all over edge water, and we don't have the economy to sustain them. We're literally creating a housing crisis. That's it. Thank you, ma'am, for your comments. OK, council comments. I've got a good old, anybody else? Are you going to tell me a little bit? I don't want to go first. Me too. I've read Mr. Lewis's response. I'm ready to move. I'm ready to respond to the response and if you'll notice on this map all this in brown that's all well and it's it's going to and I when I made the motion to deny the second phase, I asked for a ditch or canal to run between Florida shores and this new subdivision because the subdivision is five foot higher than Florida shores. In which way is water going to go? It's's gonna go downhill. So we need to have a ditch or a canal, you know, and I would be wanting to go along with it if that is done. If not, I'm gonna take it to the Supreme Court. So, that's my feeling. I'll go ahead, I've got a comment. Could you approach the podium please? I have a question. Was it you or was it one of your representatives that were here approximately three council meetings that spoke during a moratorium amendment? That was me. Okay. Well you stated and I quote that your stormwater system failed during an rainstorm event that we had 19 and quarter shores. You never responded why it failed and why it wasn't them properly to begin with. Well I'd disagree that that's an exact quote. That's an exact quote that it failed. Okay, I will agree to disagree on the quote, but we did address the rainfall incidents that happened in September of 2024 in our response letter to the city. It's laid out fairly clearly. When a storm water pond is not yet completely stabilized and constructed, it cannot function as designed. But here we are now in April of 2025, those pawns, which are at the north end of Phase 2 plan development, they have been stabilized. They've been sorted. They've been set up and developed such to such the extent that they are now capable of operating as designed and as designed the developer went above and beyond the standards that the city set. They permitted these to a 100 year storm event which was a much higher bar necessary. That's going the extra mile to make sure that once fully completed, fully built, they will operate as designed to that high level of that high standard. Okay, thank you for your comments. You think the developer would be willing to dig as a canal or ditch in between there and floor to doors. Is there a negotiation? Of respectfully, Councilman, I think that the developer has submitted to this council a final plat that has, again, as I said, gone the extra mile to ensure that they're meeting a very high standard as designed. And I think that what what you have before you your staff has already agreed is a compliant and complete flat application which under the city's land development code must be approved. We have video evidence of water coming out of your subdivision going into Florida stores, flooding homes. We have visual evidence on tape. And you say that was an accident. I think you should have had planned being a fact. So when when you're talking about flooding somebody's home, that's their space man, that's where they live. If I can't go home, where can I go? You know, you have a bin there. I've been to these houses. I've seen the look on their faces, distraught. You know, we've got to do something. I'll be willing to negotiate if you can dig as... And you've got the equipment there, you know, if you can dig as a canal, and we're going to continue that canal to Valko hammma which we will drain south then I'll be willing to go along with it other than that I can't do it. Can I go? Please no public participation. Can I address them now? It's council comments. Because I might not have your quote exactly right, but I got up as a regular citizen after you and you said that the retention ponds didn't work. So my thought was, well, maybe you should put the retention ponds in and let them settle because I believe that one off is against the law. I've had other attorneys come in here just like you and say one off is against the law. The man has sat in his seat before me, resigned the seat because he said, and I quote, we've been lied to. I've been on the planning and zoning board here for about four years and I've listened to nothing but engineers, no offense, sir, but don't worry, we got it all figured out, it's going to okay. And I got to look at the people that just elected me in here and tell them I'm not going to let this happen again, but something's gone wrong. What's changed? I don't think it's as global warming because in 2006 we had Wilma sit over us for three days and just dump water. And we didn't have it like this. What's changed? We got all these houses and yes we want jobs. But I don't see any jobs. I just see houses, houses, houses. Our roads are collapsing because of the... Every house I think is two cars. So however many houses you're putting in, double the cars, triple the toilet flushing. We got a problem here and I'd love to see this happen. But can you guys assure us that you're not going to produce any runoff? I don't think you can. I've been listening to this for years. I... I've got a problem here. I'd love to see this happen. But can you guys assure us that you're not going to produce any runoff? I don't think you can. I've been listening to this for years. I live right up the road where one of the first developments in here moved right up against my back fence. Forget the flooding. They tore trees down. I, for five years later, I still got fences ripped up. Mr. Thurmond, it's been an issue back there, right? The developers are gone. They're in West Palm and they're yacht drinking, they're champagne and we're over here throwing our beds out in this street every two years. We're just asking like I said before you were sitting back there. We'd like some solutions, some help. I understand that we have to approve this part, but moving forward, I don't think we have to approve any farther than that you bought the land you cleared the land it looks like the damage is already done it's just that we would love some truth and some help I don't believe that this is not going to produce runoff by the history of the city right now it's it's it's hard our people are flooding every two. I don't know where you live, but hope you're nice and dry. Mayor, if I could just speak to the law on this issue briefly. First of all, this is a quasi-judicial hearing. So your decision must be based on the evidence presented at this hearing. And the Florida Supreme Court has held that a decision grantee or deny a final plat application is governed by local regulations, which must be uniformly administered. The administrative procedure for final plat approval is quasi-judicial in nature and conducted to factually determine if the proposed final platt submitted by the property owner, conforms to the specific requirements set out in the administrative regulations governing the erection of improvements on the property. Property owners are entitled to notice that 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 shall be set out in clearly stated regulations, which the city has done. So compliance with these regulations should be capable of objective determination and administrative proceeding. And so while the burden may be on the property owner to demonstrate compliance, no legislative discretion is involved in resolving the issue of compliance. So once the applicant meets the initial burden of showing that their application met the city 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 plat application, the city must show by competence substantial evidence that the application does not meet the published criteria. And then as Mr. Dove pointed out, the land development code speaks to the approval process. and it states that if the final plat meets all the requirements of the land development regulations and complies with the approved preliminary plat, the city council shall review and approve the final plat and indicate it's approval by signature of the mayor on the Mylar copy of the plat to be recorded. So really this is an administrative decision if the final and the purpose is to make an objective determination if this final plaque application meets all the cities published criteria. So if the final plaque is consistent with the comprehensive plan, the land development code, the zoning and the RPUD agreement, the preliminary plan, the statutes and the permits, then based on that, the final plan should be approved. Great. Thank you. Just for the record, what city do you live in? I live in Ormond Beach. Okay, gotcha. Thank you. All right. I just have to state that we have video evidence. I saw it firsthand that the storm water system failed, and there's still a lot of concerns around that surrounding area. I've got a couple of comments I want to make. And this is one just because if you want evidence brought up, Ashley, can I ask you a question because you're in the audience. Have you seen water still coming off that property as a neighbor? So at this hearing water is still coming off of that property. Okay so I think that's just throwing that one out there. I've got a couple thoughts here. Aaron with a lot of and I know this is something I've had residents that are thinking too so I'm this up, and I don't want you to feel attacked by this, but these are my thoughts as well. You're going through with this conversation, and you're pretty much kind of walking through a process where you are trying to prevent the city from being sued. That's where you're going from. We have to do this so we don't get sued. We're worried why are we not going after them ensuing them for our neighborhoods flooding. Why are we not going after them? Well, what have you looked into as far as going after some of the developers for some of the, the water's coming out the property. Somebody did not do something right somewhere. Right, in the, a pure that's been filed in the circuit court, they state that the reason the ponds failed during those two storm events was because they weren't finished. So they weren't properly stabilized, they weren't sodded, and so forth. So really it was a construction zone that failed. But now that it's finished, is there a position that it is not going to release water? Please know public participation at this time. But we have other witnesses saying that water is still coming off of it, and that's been said completed. In that 25 minute storm, there was water coming. Then I think then you would want those people to come to the podium and say their name and say what they've seen in order for there to be evidence in the record that that's happened. Is there consensus to reopen citizens comments? Yes. Okay please return to citizens comments please come to the podium. Say your name and address and have three minutes to go. I feel like we've done this already. Ashley, up gate 34, 22 Woodland Drive. Yes, I can confirm that the water does still run off into the neighborhood. It's almost virtually impossible for it not to. Again, you're filling in wetlands. It's five feet higher. I don't care if you have two ponds. It does nothing. Honestly, the water does. I can, my neighbor at the end of my street has a pump in his back yard, where he has to pump the water out from its shedding from that property to try and throw it back to the south and into the basin again. So it is an ongoing mitigation issue. And additionally, where all the cement little culverts, ditches, whatever have been put in at the umbrella entrance, that's just a water slide. I mean, what happens when you put water on concrete? It goes somewhere. Our canal system is not equipped or made to handle the watershed of an entire wetlands piece and that is now five feet higher and covered in concrete. A few ponds aren't going to do anything. It's literally just laws of physics and all that type of thing. So that's it. Thank you. Mr. Wolf, if they're not here tonight, could they ride a written statement as evidence? No. All the evidence has to be presented tonight at this meeting. Okay. Chuck Martin, 205 Chair, Lane Edgewater. I've been done there several times during the rainstorms. And after this last event, I mean, even a blind man can see that this wide lime rock ramp they got going up in there now that they're going to stabilize water comes right down it. There's no way it can't. That big water slide at sidewalk, the water poured out of there running the ditch went right in the retent, there is water there right now in that retention pond. They can resolve this. it's really I've seen it done and everybody ahead here seen it Have you ever been to Parking Grudge? You seen the middle grades to drive over all these guys got to do is on top of that hill put a Modify their drainage they'll dig a six foot deep trench right there. They'll concrete it They'll put a pipe into their stormwater system. They'll put grades over it so the water can't run past that and come right down the hill into these people's houses. Glimwood subdivision. They got a concrete wall going right on down there. You know, concrete wall, put their drainage system in so the water can't run down the hill but right now a blind man can walk up and down and know that that rain and and you know I'm not picking on these guys but it was a design flaw but that water is coming down that big slope anybody here can go look right now. Everybody's seen it. And that's what these residents are talking about. It's a big slope, it's wide open. Their berms are way behind that over there. If they simply put a drainage system in at the bottom of their berm that goes back into their ponds, then it's a problem solved. And they do like Mr. Thomas said, they dig a canal to get it down to the swamp. It wouldn't take that much. And to put a wall up, you add a cost of a little bit more money. But right now, there's no way that they can say the water doesn't come down that hill. There's nothing to stop the water coming down. There's not a berm at the bottom. You guys can see it. Have you personally, water come off that rock and the flarters or something? Absolutely. We're looking for evidence. Yeah, I've seen it. I witnessed it. I've seen the videos. Any time it rains, it comes down there. That black house around the corner only has a little eight inch pipe under its driveway. That's a bad spot. Yeah, I was. They got two foot concrete pipes coming out. I was down there with Mayor DePieu when it was raining. When they had that 8 inches and we watched it come down there. Charlotte was down there. We were riding around watching all this water. Man, my truck barely made it through it. Of course, yeah yeah I seen it. Everybody lives down there seeing it. Hey Amanda Bullard 1417 needle palm I have also seen it coming onto umbrella. This was just a few weeks ago right before the election. You cannot approve this until the efficacy of the pond is proven. Any stormwater mitigation they have claimed did not work before and we cannot approve it until we can see that it works now. Every step of the way, any big rain, it is shown that it is not effective and they're saying that you have to approve it but you don't have to approve it. And when they hold up there and then we can hold up our end, but we can't keep giving them slack because they'll just take it. But you actually saw what was going on. Yes, we physically saw it with our eyes, me, my husband and two kids. When was that? Maybe two days before the last election, when was that? And that and that was the day before two days. It was a couple days before that because my Eric sign was underwater. Thank you. Thank you. Thank you, everybody else seen it. Alan Rathman, 131 Highland Avenue. I also seen it on the videos when Charlotte went out there in the mayor and everybody's seen it after the failure from the ponds. And that's just whether it's construction or not, that's still neglect. If it fails and floods into a neighborhood, you're responsible regardless. There's no reason why you can't make a pond that holds water. We do sea walls all the time. You add the barriers between the land, then it can't flood out. So if you build it correctly, regardless of the stage, it will hold water, but you need to prove it first. But all you saw was a video. You didn't personally say it. Okay, thank you, sir. Seeing no further, citizens comments. At this time, if anybody else that has seen it with their own two eyes can please approach the podium and state your name and address if there are any others. Want to approach the podium? Yeah, yeah, yeah, yeah. I just wanted for the record I've seen it with my own two eyes three times. I have stood knee deep in water coming off of that property personally. Okay, yep, I was there one of those times. The four of us have seen it with our own two last. Okay. Applicant, comments? Thank you. Again, I want to reiterate, the final plat stage is the discussion of the subdivision of a larger piece of property. Construction on the property was already approved by the city during During the preliminary plat stage when these plans were going through approval and the working with your staff, it was all of these plans were reviewed and assessed at that time. There were several rounds of analysis and revisions to ensure that the design standards met the city's requirements. Council Rainbird you were on the planning and zoning board and The final plat was unanimously passed you seconded the motion any incidents that happened you were to see what the council is describing is there was our hurricane and The ponds were not complete. That was not okay Prior to completed ponds they cannot function as designed once the ponds were stabilized and completed They will function as designed and again. I want to remind the council that your staff has reiterated to you This application is complete. It's consistent with the land development code, and under those circumstances, it's no longer a discretionary decision. While you have some comments from members of the public, and I don't want to diminish anything here, there is no video in evidence. There is, you, the time to review and go over these things has passed. We're now at an on discretionary phase and this should be approved. Thank you. Are any further council comments? So how does this work? Well, I want to, I've got two head on it too. You best go. After this phase, then that's it. All right? There's no turning back engineer sure come on at the cost of being any more discounted as an engineer at this meeting currently I do feel for the development of all the residents that saw flooding during the storm We saw flooding the storm in my community in Delan as well Again not trying to diminish that I was out there You know driving around all parts of edgewater to see how this basin actually flows because you guys voted on a moratorium Based on basin lines that the DEP provides and St. John's provides. We operate off that information as well. I do wanna correct something that Mr. Dove just said is that there is video evidence of the pond burn blowing out and water flowing into floor to shore. He's not discounting that, so I did wanna correct that for the record. I too saw that water. I saw the video. And I also did see flowing after the hurricane in the two weeks of heavy rain. We had the heavy rain event in the two hour storm, seven inches or so, as well as a hurricane in a very short amount of time. So it was a heavy saturated area at that time. The pond bailed in both those instances These are the facts. And we're not disputing those facts. Again, those facts don't have to do with a plant application approval, but trying to lay out from an engineering perspective how the pond operated and failed to operate in those storm events. The pond Burm itself has since been redesigned and strengthened. as Mr. Doug mentioned before, has been fully stabilized. The pipes have been fully installed. Grading on the property has been fully done to where that water is now getting graded, getting stored in the pipes, and working its way to the pond in a timely manner. As far as the wetlands go, that the council pointed out in brown on this picture, as you can see, it was well evident that the area was heavily saturated prior to any development in the area. This was not due to floor to shore's draining south. All signs, including the city's permit on the St. John's Water Management just a website from 1996, and then the compliance permit in 2005, shows that water flowed to the north from this area and if you look at your moratorium map exhibit it vised down here as Volkowrogus down just south of this development to where water flows north and west that's how the four-tour's capital improvement plan on St. John's water management district website, excuse me, was designed and constructed with many derivations from the initial design. If you read through the reports and the complaints from citizens in that permit from 1996 and the compliance check in 2005, you will see that they were flooding concerns prior to the roadways being paved and prior to the east to west roads being dug out and dryways being modified. So this is a very complicated problem and I think everyone's pretty aware of that. To simply blame this development for the flooding in my engineering opinion is unfair at this moment due to the lack of evidence out there to show it besides large rain events and failure of the ponds. So we're the record I wanted to state that because there is very complex problem. Your staff, which lacks an engineer, is aware of it and has been in discussion with us since the first time of failure. So we are on pace to working with this phase as it continues and finishes construction at this moment. And with future phases of this development. and I did wanna add, there was one citizen that got up and talked about the history of the project, being with the engineering firm that has been, with this project, I have a little bit of background, and sorry for taking so much time, but I do feel it's important for context. There was 774 lots approved by the former council for the PUD. This rewrote the code that used to be the golf course, then it was just single family development. Since that time, the, excuse me, on this west side of Volko, and that includes the future phase that was going to be to the north of this that butts up to 36th Street. A little bit further north from this picture on that west side of vocal, let's call it. There was 436 houses planned. Currently to date, there are only. Currently date, there are only 225 planned. That's almost half. Yes, this development has changed since the beginning, but it has changed in the direction of smart development because like we say at PUDs, we ask for everything we show the maximum and then as the regulations change as we get more eyes on it as more engineers take a look at it as more planners take a look at it as all the districts take a look at it. It changes and evolves for what should be built and what can be built. To follow all the rules and regulations with this was just projects to date has been proven to do so as designed. And then just to add, we're in permitting process right now with staff for the preliminary plat of the other side of Volko. And that was originally sought for 338 lots and is now only planned for around 254 lots. So that's an overall decrease of almost 300 units since approved originally by City Council and now what will we go on after and actually being able to physically build after all the stormwater regulations, flood bank, compost storage, wetland mitigation and infrastructure requirements that are required of developers. So I did want to stay for the record that there is change that happens, there is force that happens and gets pressed on development to where engineers like us can coordinate with the cities and the planners and all the other permitting agencies to develop a product that follows rules and standards. Go ahead, sir. No, I'm done. Happy to answer any questions. You say you had prior knowledge of the water flowing north. Why didn't you have Plan B in an attack by digging some type of ditch or canal between floor shores and your sudden vision, which is five foot higher? So, I assume you're referring to the Pond, the berm failure that rushed out and pushed a lot of water out in the hurricane in a two week saturated event. The the swale along very sixth right there that we can see in the picture in umbrella tree, victory in Willow. That was to be restabilized and brought up to any standard as needed to on the plans at the city's discretion. So the city inspector, anything at the end of close that city engineer would say this needs to be refurbished to at or better than what it was previously. That's what we were required to do. Next question is to the attorney, would your client be willing to negotiate some type of ditch and now between the subdivisions for plan B? Councilman, we've submitted a fully compliant application at this point. It went through years of review analysis. We've gotten permits from the water management district at this point. We're thoroughly past that and we've worked with staff as our engineer has said and your staff has said to make sure that this will function as designed as is. Thank you sir. Mr. Wolfe, what if they're wrong and we have a problem after it's done? What's our recourse as a city? You could make them correct the defects in the storm water ponds. Did they repay everybody's furniture that got thrown out in the way? I have a couple comments. I think the magic for us at this point is the preliminary a very flat being approved going forward. That's where we have the power to fix things and make things, make changes if we need to going forward. And he, in you stated about the East West Roads that were supposed to be used for swales. Many years ago, lots of residents here have used, are using them for driveways. Some of them are C-met driveways. All those east wet swales, east west swales that are in our driveway should have been swales and left to swales, and they would have been holding more of stormwater when we have lots of rains. And in Orion, we talked about potentially fixing that problem, which I guess will be a discussion for a workshop I don't know. The residents who have these driveways, we got to work with them, it's got to change because there's driveways are taking up or stormwater for our residents. So that's a topic for another day but you're correct with this east-west routes. I just want to say that they met all the required requirements from the development code and from the comp plan. And I think at this point in time, we have no choice but to move forward and approve this and going forward with the next phase when it comes to the preliminary plat, we have a lot more information're going to be redoing our land development codes we're going to be doing our comp plans we're going to be making all these great changes and before the next phase comes or any other phase we see a preliminary plat come before us we'll be able to say our new comp and you know there's not to be five foot of fill there's going to be bigger buffers there'd be more natural vegetation are all of, you know, things that I also have on my list for that, for that discussion, for that workshop. But as of today, we're not discussing their preliminary flat for their phase two. We're, we are just checking that box. They've completed everything that the city has asked as land development code and a complaint states as of today. But as of today, there's people saying that they still have seen water come off of it. So they should be holding their own storm water. By law, right? Right, there's certain sections of the complaint and Landon Development Code that we cited back in the denial the first time is made before the council. And one is in chapter four the stormwater sub element of the city's comprehensive plan which is policy 1.2.2 and that provides that protection of upstream and downstream property owners. The city will require each new development to construct the stormwater management facilities required to provide adequate protection of upstream and downstream property owners. Also, in the first denial letter, we cited to Section 21-42.04H1A, and that provides that general requirements for other development, all development including man-made changes to improve drawings real estate for which specific provisions are not specified in this section or the Florida Building Code, shall be located and constructed to minimize flood damage. we cited to also section 21-42.04 titled flood resistant development and that states that minimum requirements subdivision proposals including proposals for manufactured home parks and subdivisions shall be reviewed to determine that such proposals are consistent with with the need to minimize flood damage and will be reasonably safe from flooding. And we also cited to section 21-42.04D5, which provides that limitations on placement of fill, subject to the limitations of this section, fill shall be designed to be stable under conditions of flooding, including rapid rise and rapid drawdown of flood waters, prolonged in inundation and protection against flood related erosion and scour. In addition to these requirements if intended to support buildings and structures, Phil shall comply with requirements of the Florida building code. So those were the the stated reasons for denial at the first time, this fact came before the hands of the Florida building code. So those were the stated reasons for denial at the first time this fact before the show. OK. Sorry. My heart is beating out of my chest tonight, just because I'm trying to not get emotional as I talk about this. But we've said, I heard you say twice, least once, stuck in my head, you talked about the developers, right? What about our residents' rights? We've got Ashley here. What about Ashley's rights? I can go through a list. I got Lorraine Casey, Amanda, Tammy A.J. Allison, Richie Robyn, Lorraine, Gloria, Zach, Sierra, Mike. These are all people that live in that neighborhood, and about it's dreaming Dreaming out into the storm water. It's dreaming out into the neighborhood and Florida Shore should not be your drainage. Florida Shore Should not be your storm water pond and That is not okay I just I this this I've seen it. I've stood in it and watched it come out and go towards these people houses and It's it's not it of if it's going to happen again, it's when and it's concerning. This is, nothing's been changed about this property since. There's been, I mean, Mr. Thomas has, or Mayor Thomas or Councilman Thomas Apologize to me, whatever I call you today, but it's what are, he has brought up. would anybody be willing to do this no absolutely nothing and it's not even apology and you guys admitted that it failed it was admitted on the record that it failed what about our people's rights you said the the developers, the pellet rights, to bring it forward. What about our people's rights? I said the developers appellate rights to bring it forward. What about our people's rights? Sorry. At the end of the day, I have to be a voice for my people and I know I'll get the commentary that I just, I listen to the angry few. It's not the angry few because it could be the development built next to your house tomorrow. And I think that we need to take a stand against projects that are causing problems. And this is clearly a problem. Please no public participation of this song. Yep. That's I'm just speaking for the heart. That's all I got. So this was wetlands, right? This was wetlands. Are you ever thinking of the brown running north and south? or fact that you would want to build on this land is audacity. Because you know we're gonna let you. We've been letting these people do this forever. The brown run and The fact that you would want to build on this land is audacity Because you know we're gonna let you we've been letting these people do this forever and we have to we have to pick a point Where we're gonna put our finger in the dyke and hope it stops and? We got to make a stand something Where they're just gonna keep coming to keep coming to keep coming because edgewater is a bunch of dummies And they're gonna let us do what we want because we got builders rights. I mean, I'm getting, I mean, this goes for the project as a whole. I'm getting complaints from residents that you're shaken and vibrating the homes from the working. I mean, everything with this access road, it's been affectionately called the water slide that's going to flood their neighborhood. I mean, this is, there's just so many issues. I think we've heard from enough residents. We've all seen it ourselves. There is a water issue here. The basin failed, whether it was deer in a storm or not. It did fail one point in time. It's lost the judgment of our residents. Our residents are scared. There's documentation that water is being pushed in the floor to the shore. It's that flooded before from what I hear before construction Which is documentation because they have multiple pictures of years gone by that they've owned the house And I could keep naming residents and I just and I'm The amount of people that we've met I don't mean the amount of people that I've met with who I tell to reach out to everybody is more than this And they've all seen it with their own eyes because I've had people call me and you know 11 o'clock at night. Hey, Charlotte come look at this. This is happening again. It's still going on Okay Is there a motion to approve? I make a motion to approve FP to 400 request for final plata approval for the edge water days to. Motion fails. I'm 10B request for approval of phase. Marriages procedurally then there should be a motion to deny the final plata approval. So it not in limbo. Or can I second it just to get it to a vote? Second yes. A second. Roll call. the motion to approve fails, then there should be a vote to deny the final product. Okay, is there a motion to deny the final point? We need to vote on the motion to approve. Okay, we've got a vote on that. Councilman Thomas? No. Councilwoman Dalbo? Yes. Councilman Rainbird? No. Mayor Depu? No. Councilwoman Gillis? No. Is there a motion to deny the final plot? I make a motion to deny the final plot. I'll second it. Roll call. Councilman Thomas. Yes. Councilwoman Dalbo. No. Councilman Rainbird. Yes. Mayor Jepieu. Yes. Councilwoman Gillis. Yes. Item 10B request for approval. Phase 1 infrastructure costs reimbursement agreement for the construction of storm water ponds in part-tvard and accordance with Park Town Industrial Center Development Agreement staff report. Thank you Ryan's Holsis Development Services. This is a request to approve the phase one infrastructure cost reimbursement agreement for the construction of the storm water ponds in Park Town Boulevardvard. In accordance with the park town industrial center development agreement, just to recap, the first agreement for park town industrial center was approved in 2003. The second one was reissued in 2016 and recodified the Delaware element agreement. Within that agreement, it says that the city would build the storm water and the road, way network within the Parktown Industrial Center. As such, there is one remaining large vacant track that has undergone site plan approval that the council did approve. So part of this agreement is to build Parktown Boulevard and the storm water ponds for the first 291,850 square feet of industrial buildings across building one and two of phase one The total cost for phase one is 1.464 million dollars At the March 3rd 2025 City Council meeting The City Council approved item 8a resolution 2025-R-03, the amended March amended budget for fiscal year 2425 in which the finance director provided that the 1.4 million would be for the first phase, 501,000 of that is eligible to be funded from the transportation impact fees. The remaining would come, the remaining $963,941 for the store motor ponds will be transferred from the ARPA Economic Impact Fund. With that staff is available to answer any questions or concerns. Thank you. Citizens commons. Alan Rathman, 131 Highland Avenue. since this is in Parktown. Back to the Massey asphalt plant. The contaminants going up is asphalt. If it's going in the stormwater stuff, we need to worry about that making it to the lagoon. So are any of these ponds connecting to the drainage going to the lagoon? That would be my question. We already know it's floating over our neighborhood entering our canals, the G1 or the G2 that goes in the Guadalajanau, which goes out to the Indian River. So we want to make sure anything being done in there does not contaminate the Indian River. It's not going to, you know, as long as it's retaining it there and you know about it, it can contaminate the groundwater also. This is American asking a question. Sure. Sir, I don't remember when, it might have been when I was mayor, I remember your complaint coming up and I thought we had dressed it. Now, has it, was it addressed back then or did it as it got worse or I'm talking about the asphalt getting on your house and your truck and all that stuff. I don't know that it's it's continually getting worse. I don't know if they picked up more work or they stopped caring about what they do there but we do know from the evidence if you guys look in the code enforcement all the pictures of all the neighbors receiving all the black asphalt. I believe in my backyard. I thought we addressed that long time ago so we need to re-address that. And if you're wanting to have space industry come into that park like it's been stated in the past, SpaceX isn't going to come in and build a clean zone to build astronauts up when you got the contaminates floating through the air like it is like acid rain. Yeah, it's not going to work. So you're attracting the wrong business if you don't solve the problem. We will look into that. Thank you. Thank you, Mr. Mayor. Chuck Martin, two of five cherry woodland edge water. In this area, with these retention ponds, just a quick question, Ryan, are they going to be holding any water like in the palms? Is there going to be water in the palms that we can use for irrigation maybe? Okay, yeah, so my question was and they do it other places and these retention ponds and Know this and if this is greater in parktown and yeah, the dust is a big problem over there If we were to take the retention ponds and use that water for irrigation and All they got to do with the asphalt plan is because I've worked at asphalt plans before I worked at Martin and I worked at Ranger And they just got to keep it wet down if they keep it wet like they're supposed to and run sprinklers constantly like rink are used to, that would cut down on the dust problem. And I am a NASA and SpaceX contractor and crane operator for them. And I'm absolutely, there's going to be a huge problem if they're trying to build rocket parts in there and this does just fine everywhere. I think that this man has a good, has a really good point there. It can be a real problem but they just, they just need to water it down. You know, I think is the simple solution there and stay on top of it. That's That's the that I mean that was mandated when we worked at landfills and a lot of these construction sites they're supposed to keep it wet down so the dust doesn't get near but the man has legitimate point. I feel for them and you know I want to thank Mr. Thomas for standing up and stating that and bringing that to the attention of the council. Thank you. Thank you. Cindy Black umbrella tree. This pond. I mean, we need some voluutions and Florida shores. Do we really need this pot down at the park town right now? Is it flooding in that area? And also as far as the asphalt plant, when I looked online from when it was originally established, it looks like they've expanded greatly since then. I know it was originally started for the three lane interstate 95, when that all they got there permits and all. Anyway. Thank you. Thank you. No, Brian is- Ryan, it's my understanding that this was something that we were already contractually obligated to do. Yeah, this is a contractual obligation. So with any real PUD, there are agreements between the Minus Pouting the developer. And when this was done, the city to develop Parktown because we were such large landowners and we wanted to develop this industrial site. We agreed that we would build in the roads and the storm water ponds for the said developments. The good news is most of park town has been built out so the only remaining infrastructure is for this 83 acres. However, they're building a million square feet of industrial and so it requires large ponds with the amount of impervious to make sure that they're capturing their storm water. Is there any other commas? Is there a motion to approve? Make a motion to approve. Phase infrastructure cost reimbursement agreement construction of stormwater ponds and Barton Boulevard and accordance with the park tent industry industrial center development agreement Second roll call Councilman Thomas yes, Councilwoman Dalbo. Yes, Councilman Rainbird. Yes, Mayor DePueh. Yes. Councilwoman Gillis. Yes. Item 11, Officer Reports. I'm 11 a city clerk. Regarding the city manager search, the city manager search committee had a meeting last Thursday to narrow the pull down from Well, they chose 16 semifinalists but five with through their application so there were 11 finalists, two of which did not complete the additional information and questionnaire that as to your provided to them. So that brought us down to nine. They chose five semifinalists to move forward in the process. That's going to be about a three-day process. There will be... CGA will be requesting the applicants on the dates that we choose, which we'll get to, to come into town. They will do tour of the city. They will meet with each council member individually. They'll meet with staff. We will do an open house for the search committee and the public to just kind of mingle and talk to each of the applicants. So we're trying to, I have two three day periods that we're trying to do to keep this moving forward. We have May 6th through the 9th, and then May 20th through the 23rd. So those are the two options that we have right now and the other thing, most important, I guess actually, and I guess actually is, after all of that other stuff that I just mentioned during this three day period, the last thing that we will do is a special meeting for Council to do the actual interviews of the candidates and then hopefully make a decision to start negotiating with one of those five candidates. If specific times I don't have yet we, Kevin, and I just discussed this today. So if the 6th or the 9th of May will work for Council or the 20th through the 23rd would work for Council, I can, whichever y'all decide, I start moving forward with trying with narrowing down the specifics Please a six or the ninth I'll be gone for the rest of the month You're available for the six to the ninth I'll be available The second the second stand So That work for everyone. Okay. I will on the six to the ninth. Of course as I get the more specifics nailed down, I will provide that information to you. Right. That is all I have for now. Item 11b, city attorney. Nothing at this time. I'm 11 C, city manager. Beyond the memo that I emailed earlier, or the hard copy that I placed in your mailboxes, I would like to bring attention to our Earth Day festival that's going to be happening on the 26th at Hawks Park. It's a Great event. Staff does a wonderful job every year. Great, great, great. Okay, item 12, citizen's comments. Okay, I'll finish it off. Chuck Martin to a five chair with Lane. I'll get to the point. Mr. Depupu. Very proud of you with the. The lobbying that you've done for us go into Tallahassee. A lot of times in our know you spent a lot of your own time and effort. Began for money for the city of Edgley water meeting with the right people to get us the grants we need. I really appreciate that. I mean, I think you should be paid as lobbyist as well. You don't get paid for that. That's over and above and beyond. I think you've done a great job as a mayor's best you can. If we, you know, through hell the last couple years here. And you're hanging tough. I commend you for that. Everybody up there, I think, is doing the best that they can. But, you know, I've got some serious questions here. And I'm not picking on Jeff Tharman, but he needs to answer these questions and just be honest. These are legitimate questions here and if he doesn't have the answer, I already know the answers. I asked about the pumps. Do we have pumps? No, we don't. I don't think we do. And a water backup system for a drinking water in a vent of a hurricane, that's mandated by Homeland Security. I read it. And so maybe that's something we should work on, or at least security around our water plants. And a hurricane shelter, I think we need our own hurricane shelter in Edgewater, maybe the YMCA. I don't know the details. I know it's never flooded. And it's always been a safe place. We need a hurricane shelter here in Edgewater. And, you know, Councilman Robinson and Broward, they offered their help and Mr. Rainbird, asking for help, tell them we need some help digging out these ditches man especially down here in a ball co road that area we just need some help digging them ditches out if you look at the pile of dirt across the street from public works that's for them digging out their ditches and accounting you know reach out to them we got four or five weeks let's get some help down there especially down our ball co road man let's get down there and dig some ditches And you know, we got a good month ahead of us. We can make it happen You know But has to come from the city manager and it has to come from Jeff Thurman You know and and that's just and it manager and it has to come from Jeff Thurman. You know and and that's just it's how it has to happen. I think he's done the best that he can given the circumstances. I mean he's not Superman but I think he can reach out to the county manager and let's get some help. Let's get some help down there digging those ditches and Then retention ponds that that's one thing that we can do Thank you. Thank you sir for your time. I'll go ahead and answer one of those questions. We do not have a hurricane Thank see it. Cindy Black umbrella tree. In 1994, we actually got our reclaimed system. And at that time it was $200 to hook up and $5 a month. Since then we've actually put in piping that we can send reclaimed water out to Deering Park. And I don't know if we're actually doing that yet. The staff over there would know. And as far as increasing impact, these new laws have actually been passed that were limited as to how much we can increase them and how often we can do it. It's something to think about and get with staff to see what those new laws are in effect. Thank you 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 ahead and go ahead and go ahead and go ahead and go ahead and go ahead and and protect us from the storm season. What's the status of the Duck Lake Outflow project? Has it gone out for bid? Has it been awarded? Has, when is the ground breaking scheduled? When's the project completion going to be scheduled? Has a pumping good working order been secured and will it be utilized to provide an outflow for duct lake during these storms? I'll wait for answers. Thank you, ma'am. Great question. I think that we should probably hold a workshop on exactly what we are doing. I think we already have consensus for that already. On the 10th, we've got a hurricane preparedness seminar that's going to happen right here between 10 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 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 Are there any further citizens comments at this time? I so I'll get 3422, Woodland Drive. As the gentleman that is with the Volcker project mentioned, the water does flow from south to north. The problem with that is as the water is shedding from their property flowing from south to north, it is flooding out the northern end of the shores and then literally back feeding to the south which is why we flood last. But the water does get very deep. Literally I could drop my boat in the water and run it at full throttle and not hit concrete, fun times. But that is the reality of the situation. Is there not something that we can do to make them have some skin in the game, a million dollar bond or something on the line so that when the problem occurs, when the situation continues to happen, that there is money set aside to fix the homes for these people or some kind of liability. Lanar in particular built a subdivision in Sarasota, Florida, on the very, somewhere in Sarasota, Florida, and also down towards Miami, both of those subdivisions have also experienced the same issue that guess what we're experiencing. Their neighboring residents are flooded out. So just food for that. They don't care. So just food for that. Thank you. Hi, I'm Melissa Horton. I'm going to use the business address. It's 2-1-1 at North Ridgewood Avenue. I'm here representing the Boys and Girls Club of Lucia Flagler counties, specifically this edgewater one right here. First of all, I want to say thank you for everything you're doing to, like you said, fight for the citizens rights here. This comment is not about the wetland that it's turning into, but I appreciate everything you're doing to help our community. This is about how we're still helping the kids, even the ones that have been misplaced throughout everything. We're still here. We're still in the community helping them. We have a huge event coming up May 16th. It's a Friday and we're looking for sponsorships. I've been tasked with going into the community and getting to know people of small businesses. I've been given a very short amount of time as you can see and so I have a packet here any information that anybody is curious about just let me know Thank you. What event is it? Oh, yes, thank you. So it's called celebrate the children It is a gala where they do performances. There's a silent auction The kids perform and then we're actually going gonna have like live performances from other people. Kind of like a black tie event. It's up at the Hilton in Daytona. So they make it super nice, make it special about the kids and it's a really great way to bring in money for those. Yes, great. Could you please give a flyer to the city court please and maybe get us on our calendar. Thank you for all you do. We appreciate it. Are there any further citizens comments at this time? Seeing none, we are. I know, because I was, as we thought up, we should talk about a time for the time or date for the work trip. For this time. How you doing today? My name is Matthew. I'm a representative of a PK-7. It's a flood mitigation company. This is part of my region. I recently moved down here, and I too have suffered from flooding. I had flooding in Edgewater when I lived on the street. I had flooding on Tomoko Farms Road, moved over there. so you can't get away from it. I do have products that could help solve and minimize the collateral damage that you guys are going through. I do have a lot of projects that have been completed in Northeast from New York all the way down to Virginia. All work that I have done in the past was with city and state entities. I work with the Army Corps of Engineer in regards to canals and waterways and tributaries and maintaining them, maintenanceing them and diverting the war in certain situations. I'd made it a couple of fliers for you guys because I was here last week and listen to some people's complaints and it's very overwhelming. So what I would like to do is... Could you give them to the city court first please? Sure, I'm going to see can pass it on. But I basically fly it at the floor so it's on a few hours. And it has a slight presentation and more informative information. How they work, where they've been implemented. So most of my work right now is in the city. I do have a slideshow prepared today for you guys to have time. I know time is short here and I also have a product outside that you can see and touch and know that this product will work when you see it. Great thank you. All right thank you for your time. The schedule workshop dates. Do you have any? I don't have the calendar available if you have some dates and times that I can look at I can do that Maybe Thursday may 8 That week Well that I'm we're cuz we're gonna to do the city manager search between the 6th and the 9th so I'm not sure what's going to be. What that week. Because we're going to have will have a special meeting plus the open house. I would say the first month of June and the latest for the first week of June. We will just say the council meeting, June the second. I'm going to be on vacation from 8.31 for a week. Would May 5th be too soon because we have a council meeting that day if we did a workshop early or any day. What specifically for this particular workshop? Ryan, would you have the time for the, to have something prepared for the fill level? And... Yeah, he doesn't say it's all he is. I know some of the things you've already kind of had some ideas bouncing around. I don't. When is this work show? Well, I think we're just looking at time. I'm really unsure if I'll be here that meeting on the fifth. Yeah, just a day. Yeah, one. Is this for LDC? Not impact fees. This is just for LDC code changes. I have a question. Once we get these landed element code changes rolling, how long before we can implement them? Depends on the scope of how much we're willing wanting to do. I mean, we were. So I, to answer the question, no, I don't really have the time, but I will make the time. We have workshop number four next week that my staff is preparing for. And then we're going to have a workshop to discuss kind of a rough draft of the comp plan prior to it going to planning and zoning, prior it to going to city council for readings. That way everyone was on the same page with what was being proposed prior to it coming before any elected bodies or appointed bodies. So the fifth would be cutting it very tight. A better date would be at the beginning of June, because that is when we will be kicking off. The land development code, I also will have my senior planner then. Until May 5th, I only have two people including myself in the department. So. How about we just see June 16th? We have accounts meeting that day. Four o'clock, five o'clock. Four. And this is for the ODC. And that was the 16th, correct? Yes. Thank you. Thank you. Everybody good with that? Yes. Okay. We are, Jordan. Okay. you you you you you you you