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. Please remain changes to the agenda. None of this time. Item three approval of the minutes. None of 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 and so on. 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 whereas more than 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 physicist 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 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 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 I 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 nonmembers all are welcome. This event is for we're wanting to hear directly from our business community what's working, what's not, and where we can all lean in together. We have several great events coming up, including this date 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 Ott Slack, 3031 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 it, 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. From the bottom it's just drying out, it's going to come back down and when they dig it out, they're exposing roots on trees that will eventually fall down. Somebody's got to address this community community. So, the community community. So, the community. So, the community. So, the community. So, the community. So, the community. So, the community. So, the city. Chuck Martin, two of five cherry woodland 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 Touted millions and millions 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 POs because I called corporate. But we'll give them the benefit of the doubt, even though we paid $2,100 for 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 re-prooved phase two. The road itself is not on the agenda. And that's why I'm speaking now. Well, it's in 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, because 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 banked 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 that he invited the whole PNC board to come out and look at the flooding out there that is 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 that's with gates. These gates eventually get unlocked and it becomes traffic into other communities. So I think this emergency acts access, you know, it's going to be no employed 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 just really appreciate it. Okay. Item seven, or item six, Council report. Councilwoman Gillis. I had 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, 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, buildings 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 on the list? 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 noted 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 know that there's a lot of things coming up them the land development code and comprehensive plan They're gonna 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 tripled. And we need to do something because every time they build a house, you've got two more cars, they're taking toll on the roads. 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 need more fire protection and more police protection. Dot, dot, dot. So I think we need to put that as a workshop or consensus to put it 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 on 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 tournament 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. If 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. I will go to the course right now, it's dry season. And everybody's using our reclaimed water to put on the lawn. That's fine. But when it comes to you and you lie, what happens? Nobody waters the 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? Okay, well 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 Dolbo made a agreement that when that sea got filled we would come back and address it again and I don't see it on the airs day. Or was that settled? September was supposed to be? That was settled for a year. I saw. Okay. We did settle that. September 6th. The feather flag was definitely, my concern was the banner. 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 Road. Thank you. But that was what we agreed upon. My issue is government works those flow. We need to do this stuff now I agree we need to get it on the agenda. We need to vote for we need to give our staff some backbone and Where we can accomplish these items? That's it further record I want to piggyback off on one of these things real quick if we're talking about 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 feel like you're gonna support that I'm just gonna throw that one out there I know I support that if we're gonna have the workshop we might as well throw a few things that are all kind of Intertwine on to it So we need one we need one on impact fees One on the land development code. And one on reclaimed water. What 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 mean, the workshop for the stormwater or for the reclaimed water. But would we be discussing it that way? The fees the $640 hookup fine. Feel like you could throw that into one of the other ones. Yeah, yeah, we could do that. We should be back to the other side. We could put that on the land available. Or maybe even get staff to give us some numbers of what it might look like as a cost of the city. How many people are not hooked up to the reclaimed water and what it might cost. I mean, that's something for us to know before we talk about it. That's a different idea if it's supportable. Yes. Thank you, Mr. Mayor. Welcome. Councilman Dalbert. 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 SB 1558 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 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 I 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 Edgewater has 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 had to double check but it's all about it. I have October 1st, 2525 that would only be from 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 money would go just towards the CRA district or could we use it anywhere in the city? No, it would 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 to the city wide motor to them since we put it into play. Have how is it looking for the city. With regards to. Well, the I guess I want to get at is. If we were to pull that. We would 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 while we have to have to. Yeah, yeah, we can 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. Well, I didn't see you that. I didn't see you that. You and Rick Willett and all kinds 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 putting 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 for a later time? Yes. You answered that. You can't or 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 term Bohemics Wamp, that area is in the term Bohemics Wamp, so staff designated that. Same risk level. Correct. Because although they are raised, they are immediately abutting the swamp. 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 interested in 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 a video of it. So I would not recommend that at all. 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, Ryan. 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 on a go to proper channels, but county chairman Jeff Brower gave me his personal phone on the, say, 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, 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 Right, yes, with the performance bond, maintenance bond. And is it even possible? I would like to press every developer that comes here, not to be an developer, but what can you guys help us with? Can you guys help us work on some of this drainage? I'd love Bearing Park to come and help us address this because I think it's in Bearing Park's 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 Bearing Park? 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 C of O 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. And Mr. Martin, I hope that satisfactory to some of your thoughts too. Thank you. Okay, is that your report? Keep on. Okay, what just a couple of questions as well. 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 a lot. Quite frankly, without no benefits, it's just free hourly wage. We're in the process of narrowing that down to about 10 to 15. So I can personally look through them as well. 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. Johansson 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 lobby 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 you back from them? Yeah. I'm sorry. No, 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, 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 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 might like to see in it. Can we discuss or you guys up to date on that? I think it was Councilmember Rainbird. 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 can 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 suggest that I've under my report. Do you want me 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 at 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 you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank item seven consent agenda. All matters listened under 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 in such items will be considered separately. Is there a motion to approve the consent agenda? Make a motion to approve the consent agenda. Thank you, Mayor. Seconded by Councilman Rainbird, roll call. Councilman Thomas. May. Yes. Yes. Councilwoman Dalbo. Yes. Councilman Rainbird. Mayor De Mayor DePueh. Yes. Councilwoman Gillis. Yes. Item 8 public hearing ordinances and resolutions item 8A. Second reading ordinance summer 25-0-06. Request to amend the floor to shores drain as basin building permit moratorium staff report Should I read it into the record? Sure Okay, the board in summer 2025, that6, in order to the city of Edgewater, adopting a temporary moratorium on certain voting permits for the Florida Shoes Range Basin limiting any voting 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, providing procedures for vested rights review for this manner addressed herein, find for conflicting ordinances severed go to 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 impairment. So whether it's a single family home. But are we talking about anything else 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 of a round whether similarly 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 filter 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 have brewed the sheds without this lab, to be built up on stills or whatever. Am I incorrect on that? Yeah, we don't have anything in the land development code where I could prescribe that you would have to do that. you know that would obviously obviously. We would be allowing. People would be allowed to build in floor to shores. Everything. On a 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 allowed that, that would make it, that would make this statement. So if we not denied all of 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 of the water basin and it's 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 box on first yet. 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 problem. 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 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 they're not being freed equally. They lead us to another lawsuit, a shed. And a pool is not much, there could be not that much difference in this per footage and I think that the pool should be allowing the sheds or dryways or everything else. I think pool should be off the table and let them build if they need to or want to. Well there 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 end to it tonight or is that going to have to go back to the committee? Yeah, you could. Yeah, you could. Yes. So the motion would be to approve it with the deletion of the sentence no cool shopping I wasn't briefed on this issue before we got up here so If we could maybe We've tabled it once So we're talking about updating this and updating that so maybe we I know we 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're trying to pull that every time I say, well, this is the next meeting. It should come up at this is the next meeting. It should come up at and this has gone through like three meetings. I don't disagree with you, but just for the record, we're only as good as the information we're given. Now, you say they're not allowed to put in a hot water heater in? They could not, if you want to follow up on if you want to explain that when I don't really 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, I have to uniform tank and the can't very cool. I mean anything, I mean I have to uniformly apply this language. The issue is the fill. I'm neighbor, it'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 propane tanks that are on slabs, so I guess it depends on maybe when they were put in. Well, I could be too. If they updated the law, I mean, I did that in 87. Yeah, maybe. So what direction? Council, I could discuss and go on. I'd like to move forward and, and he has the second reading, and I'll remove the sentence. I'll be permitted. and Yes, the second 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 they'll just mean that everyone who wants to go to house Is going 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 yard 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 than 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 that at least. I'll put it out there just so everyone knows. 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. Right now this is affecting more of our residents that 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 to make consequences or it's affecting our regular residents who are just trying to pull a fence burn. Yeah, so I think, so the original, if we take a step back, on the original one, the original building permit moratorium, the premise here was we were not gonna add any impervious because we did not have concrete data to say this or that, that's acceptable, 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 the 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. 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? Top my head between 15 and 30? 15 to 30. Yeah. You've denied because of more torn it 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 You know, it's it's a serious and that and they're 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 in floor to shores with this condition that you just can't use, they'll be doing this remaining period of time till January 6th. I think really shortly. I think we need to just go on. They don't bother me either way, really. What was, 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 tension pump. 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, there's little volume, but there is more volume than there was in the pre-development with a pool. We'll say that. 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 was something we were looking, what was the conversation I had with you privately that I am thinking if it was part of this one or something, 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 could 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, 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. Stormwater 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 going to take a closer look at individual permits as far as stormwater goes. It's really what that language in section two and it details. Somebody roommates the numbers. What we got 7,000 times the Florida and we've been turned down 30% of that. What percentage of that? What percentage of that? I don't have the data as far as what we could run it on the it's 30 by 77 62. 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 an 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. Well, 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 a pool 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 and the pool there's potential for them popping out of the ground. Yeah, I'm talking about drain the whole pool. I'm talking about just two. Maybe just a lot. Halfway. Just to hold some water No, I had a septic tank pop out so I know exactly what he's talking about Is there a motion to prove I make a motion to prove the second reading ordinance number two zero two five dash Oh, dash zero six the leading sentence no pool shall be permitted. We already did, ma'am. We did. Yeah. Yes. I, 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 dias. You'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 record. I heard you, but they didn't hear you. Citizens comments at this time. No problem. It is better. 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 pool, 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 know, 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 you know, 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. So 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. and it doesn't rain, you look like a real ass. Okay? Even if it does start raining hard you start pumping water out. It's gonna flood anyway. Our problem is when I'm taking care of the flooding. I got on Brawletree, 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. And we'll be talking flooding, flooding, 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. 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. Rainbowford, for not pleading the fifth. I thank you for that. As far as the swimming pools, I have a swimming pool 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 a 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 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 for their pool, they can use to smooth out their pad and stuff like that with. And I just, I can't see anything negative for that really because if you don't have a pool in your backyard and here comes a rain, 18 inches of rain is not gonna soak into that water. It's gonna 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 gonna 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. I'd appreciate it. or ESAP 2630 Traveler's 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. I'm 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. Delete a 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. CDBG.G and the neighborhood rehabilitation please read into the record resolution 2025 dash R-09 resolution of the city council of the city of edge water Florida authorizing the chief elected official or city manager in the mayor's absence make application to Florida commerce for an F-Y 2023 2024 small cities community development block grant CDB the neighborhood we bottle the station category. I mean, $50,000 in city funds to be utilized as leverage funds for awarding CDG funding, providing an effective date and for other purposes. Thank you, staff report. The City of Edgewater desires a submitted application to Florida Congress 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, $550,000 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 and 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 a quick question. So is it a $50,000 match or would you see the foot $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. Yes, and 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 first-door water moving forward as well. Great. No further comments? Is there a motion to approve? Make a motion to approve. Fusero 25-R-09. Second rain birds. Is your microphone working? I don't know, is it? I can hardly hear you. I don't know. You're kind of doing that. Second rain bird. There you go. Okay. I'm not hearing it. I don't know. You're kind of being a... Second rain bird. There you go. Kiss me to stay in front of the... Okay. I don't know is it I can hardly hear you Second rain bird Okay roll call please councilman Thomas yes councilwoman daubo yes councilman rainbird Yes, they are to pew yes councilwoman Gillis yes I am nine board appointments I'm nine eight economic development board council 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 approaching me to say that they've also put applications in. And, uh, they received their, is, or is there a cut-off? So, the ones I received, I received Joshua's and then I've reached out to the other applicants. Um, one of them, I asked if she would consider serving on the, uh, on this board. be on board. I'm going to be on board. I'm going to be on board. I'm going to be on board. I'm going to be on board. I'm going to be on board. I'm going to be on board. I'm going to be on board. I'm going to be on board. I'm going to be on board. I'm going to be on board. I'm going to be on board. for those considerations, 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? It makes sense. It just seems that we have more people in the city. It actually... They were submitted. Does that make sense? Yeah. It makes sense. It just seems that we have more people in the city that actually want to do something. Because it's hard to find people in the 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 in 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 correct one of them to the position that they had said they wanted for consent. 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... 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 resignations on the economic development board. And then when this come for the other two vacancies in the next month. There's two other two resignations on the economic development board and then 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 proposed 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 they can see. second. Roll call. Councilman Thomas. Yes. Councilwoman Dalbo. Yes. Councilman Raimberg. Yes. Mayor Deput. Yes. Councilwoman Gillis. Yes. Item 10. Other business. Item 10A. FB 2400. Request your final plan approval for Ed's Water. Preserve phase 2. Generally located west of Volko Road. Staff report Thank you Ryan Solskis Development Services Director. This is the final flat, FP 2400 request for final pilot approval for edgewater preserve phase two, generally located west of Volco Road. This development has meant all the requirements of the land development code, the comprehensive plan, and the residential plan, unit development agreement. The contract that City Surveyor 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's letter 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 Preserve Phase 2. Thank you, sir. And Mayor, I believe the applicant's attorney is here and has a presentation. Yup, got to open the public hearing first, and then we'll allow the applicant to come forward. Good evening, Ashley'll just go to the Board. Good evening. I'll just go to the Board. My house is going to flood more. Is the applicant present? Yes. The attorney, Billy Dove is present. And he has a presentation. We'll get into the citizens comments. Oh, I thought you said before. 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 well. So as you know, the final-plat application was originally submitted to the city back in April 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-and-sealed boundary survey, mylar tracing in the final-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 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 these cancelary 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 issue here and as you know the developers filed a petition for Ritus Sershi or RE 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 pletht 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 pletht 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 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 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 flat 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 umbrella 35th They just went and they did the lime rockets going up the hill. Is that gonna be permanent? 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 of that. Yeah, please stop my time. Ryan's whole system element services director at the end on the cold effect that a bus 36th Street has 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 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 plan said no we don't want that we went back, we got rid of it at the preliminary plan where it just became an emergency access. So it was, we've gone 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 sotted. 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 Jeffery Thurman 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 and 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 that what we're talking about if you go back to the east, there's a road that's going up. There's a retention pond there. It got a water in it now and it hadn't rained really in a long time. But all that muck needs to be dug out and that can now 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 and 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 justice that they need to get that get that water dug and 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 comments. It's appreciated. Cindy Black, I'm Relo tree drive. I was at the meeting when Edgewood was in the office. I was at the meeting when Edgewood was in the office. I was at the meeting when Edgewood was in the office. I was at the meeting when Edgewood was in the office. I was at the meeting when Edgewood was in the office. I was at the meeting when Edgewood was in the office. what I'm talking about. I'm disappointed that it's not done. Thank you, sir, for your comments. It's appreciated. Cindy 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, 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 prescited 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 you know, 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 normal, the whole normal amount of rain. These hurricanes aren't normal, so it's not designed for normal rainfall. So keep that also in mind. It was just own words. Thank you. Thank you, ma'am, for your comments. Are there any further citizens comments at this time? 3422 with Andrive, Ashabwe. So going back to the ponds that 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 wet land is now being filled in significantly higher than the southwest end of the shores. So your pond isn't gonna 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 somebody else. How do you get to meet him? You do, but I don't want to go to. Me too. I'm red, Mr. Wolf's response. I've read the North's response. And if you'll notice on this map, all this in brown, that's all well and it's going to, and when I made the motion to deny the second phase, I asked for a ditch or canal to run between Florida shores in this new subdivision because the subdivision is five foot higher than Florida shores. In which way is water going to go? It's to go down hill. 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 going to take it to the Supreme Court. So, my feelings on it. I'll go ahead, I've got a comment. Can you first 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 the moratorium amendment? That was me. Okay. We stated and I quote that your stormwater system failed during an rainstorm event that we had 19 quarter shores. You never responded why it failed and why it wasn't done 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 we went 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 than was 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? 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 their their meeting of very high standard has designed. And I think that 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. Well 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 plan being a fact. So 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 Valkoock 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 office against a law. I've had other attorneys come in here and just like you and say, one off is against the law. The man has sat in the 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 be 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 dumped 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 live right, 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 has been an issue back there. Right? The developers are gone. They're in West Palm and they're yacht drinking their 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 somehow 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 plat submitted by the property owner in form to the specific requirements set out of the province. The state of the province is the only province in the province that has been in the province of the province. The province is the only province that has been in the province of the province of the province of the province of the province of the province of the province of the province of the province of the province of the province of the province of the set out in clearly stated regulations, which the city has done. So compliance with these regulations should be capable of objective determination and an 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 his 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 plat, the statutes and the permits, then based on that, the final plat 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 stormwater 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. 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 bringing this up and I don't want you to feel attacked by this But up this is these are my thoughts as well. You're going through with this conversation and you're pretty You're pretty much kind of walking through a process that where you are trying to prevent the city from being sued That is your that's where you're going from like we have to do this so we don't get sued Why are we not going after them and suing them for our neighborhoods? 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 like the water is 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 sotted, 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 complete. In that 25 minute storm there was water coming. 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 podium. Say your name and address and have three minutes to go. I feel like we've done this already. 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, you know, honestly. The water does. I can, my neighbor at the end of my street has a pump in his backyard, 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 have right or written statement as evidence? No, all the evidence has to be presented tonight at this meeting. OK. 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 that 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 It's really, I it done and everybody ahead here's seen it. Have you ever been to Parking Grudge? You see the middle grades you drive over? All these guys gotta 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 storm water system. they'll put grates 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 that 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 had to cost them 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 at the bottom you can you guys can see it you know it's you know have you personally you know water come off that probably yeah absolutely looking for evidence yeah I've seen it a witness that I've seen the videos any time it rains it comes down there yeah I was house around the corner that only has a little 8 inch pipe under it's 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 seen 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. And 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. Anybody 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 seawalls 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 We saw was a video, you didn't first answer. Okay, thank you sir. See you. 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, that's perfect yeah, I just wanted for the record I've seen it with my own two eyes three times. I have stood me 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 view. 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 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. from the Rainbird, you were on the planning and zoning board and the final plat was unanimously passed. You seconded the motion. Any incidents that happened, what the council was describing is there was our hurricane and the ponds were not complete. That was not a 25 minutes of rain. 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 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. Were any further council comments? So how does this work? Well, I want to, I've got two head on this too. You best go. After this phase. And that's it. There's no turning back. There's the engineer. Sure, go ahead. 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's all 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 edge water 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 want to correct something that Mr. Dove just said is that there is video evidence of the pond berm blowing out and water flowing into floor to source. He's not discounting that so I did want to 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, and as Mr. Doug mentioned before, has been fully stabilized. The pipes have been fully installed. The 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, 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 shores draining south all signs including the the cities 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 vis down here as Volcaroga is down just south of this development to where water flows north and west that's how the Florida shores and capital improvement plan on St. John's water management district 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 dry ways being modified. So this is a very complicated problem and I think everyone is 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,'re the record I wanted to state that because it's a very complex problem. Your staff, which lacks an engineer, is aware of it and has been in discussion with us since the first time I've failure. So we're 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 want to 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 and then it was just single family development. Since that time, on this west side of Volko, and that includes the future phase that was gonna 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 Volko, let's call it, there was 436 houses planned. Currently to date there are only, currently to date there are only 225 planned. That's almost half. So yes, this development has changed change 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 we'll be going after and actually being able to physically build after all the stormwater regulations, flood bank comp and storage, wetland mitigation and infrastructure requirements that are required of developers. So I did wanna 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 answering 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 study vision which is five foot higher? So I assume you're referring to the burn failure that rushed out and pushed a lot of water out in the hurricane in the two-week saturated event. The the swale along 36 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 city inspector, anything at the end of clothes, that city engineer would say this needs to be refurbished to act 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 and we've worked with staff as our engineer has said and your staff has said Make sure that this will function as designed as is. Thank you sir Mr. Wolf 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 a preliminary plot 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's in you stated about the East West roads that were supposed to be used for swales. Many years ago, lots of residents here are using them for drive 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 of swales and they would have been holding more of stormwater when we have lots of rains. And, under Ryan, 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've got to work with them they've got it's got to change because there's driveways are taking up our stormwater for our residents so that's that's a topic for another day but you're correct with this east Roots. 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. We're going to be redoing our land development codes. We're going to be doing more 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 plant come before us, we'll be able to say our new comp and there's not going to be five foot of fill. There's going to be bigger buffers. There going to be more natural vegetation. These are all of, you know, things that I also have on my list for that discussion, for that workshop. But as of today, we're not discussing their preliminary flat for their phase two. We are just checking that box. They've completed everything that the city has asked as a 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 the 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 decided 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 the need to minimize flood damage and will be reasonably safe from flooding. And we also cited to section 21-42.045, 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 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 stated reasons for denial at the first time, this 5-key before the end. 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. It in my head, talked about the developers right. What about our residents? 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 you're talking 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 I've seen it. I've stood in it and watched it come out and go towards these people houses and And it's not a matter 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, I apologize for whatever I call you today, but it's what are, he has brought 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 developers of pellet rights to bring it forward. What about our people's rights? I just, I, 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. There's no public participation in this song. Yeah. That's I'm just speaking for the heart. That's all I got. So this was wetlands, right? This was wetlands. Are you saying that Brown running north and South? 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 Diakin Hope it stops and we gotta make a stand something where they're just gonna keep coming to keep coming to keep coming because edge order is a bunch of dummies and they're gonna let us do what we want because we got builders right I mean, I'm getting, I mean, this goes for the project as a whole. I'm getting complete. because edgewater is a bunch of dummies and they're going to let us do what we want because we got builders raised. 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. issues. I think we've from enough residents. We've all seen it ourselves. There is a water issue here The basin failed whether it was deer in a 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 short set area typically is never 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. I could keep naming residents and I just and I'm the amount of people that we've met with. 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. Item 10 be request for approval of phase. Marriages procedurally then there should be a motion to deny the final plata approval. which is not in in limbo or can I second it just to get it to a vote? Second yes Roll call That way we don't have that double negative. Well, if 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 DePue? No. Councilwoman Gillis? No. Is there a motion to deny the final plot? I make a motion to deny the final plot. Seconded. Roll call. Councilman Thomas? Yes. Councilwoman Dalbo. No. Councilman Rainbird. Yes. Mayor DePue. 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 Boulevard and accordance with 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. I recodified the delvellement agreement. Within that agreement, it says that the city would build the storm water and the road, way network within the Park Town 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 Park Town 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 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 dollars for the store water prawns 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 massie 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 Guadalajana 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 the backyard. I thought we addressed that long time ago so we need to re-address that. And if you are 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, I 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 great 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 for I worked at Martin and I worked at Ranger And they just got to keep it wet down if they it wet, like they're supposed to and run sprinklers constantly like Rinker used to, that would cut down on the dust problem. And I am a NASA and SpaceX contractor and crane operator for them. And absolutely, there's gonna be a huge problem if they're trying to build rocket parts in there and this dust is 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 the only thing 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 him and I wanna thank Mr. Thomas for standing up and stating that and bringing that to the attention of the council. Thank you. Thank you. Cindy Blackum, Brelot tree. This pond. I mean, we need some voluptions and floor to 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 their permits at all. Anyway. Thank you. Thank you. No. No, Ryan is- Council comments. 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 municipality and the developer. And when this was done, the city to develop park town. 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 Parktown 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 costs reimbursement agreement construction of stormwater ponds and Bartown Boulevard and accordance with the bartender industry Industrial Center development agreement Second roll call Councilman Thomas yes, Councilman Dalbo. Yes, Councilman Rainbird. Yes. Mayor Depieu. 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 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. will meet with each councilmember 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 to the 23rd. So those are the two options that we have right now on the other thing. Most important I guess actually, 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 sixth or the ninth of May will work for council or the 20th through the 23rd would work for council. I can, whichever y'all decide, I can then start moving forward with narrowing down the specifics. Please, a six-year-old, a ninth, I'll be gone for the rest of the month. Okay, you're available for the beginning. The six-to-the-nice, I'll be available. The second span, I'll be in Utah in 2018. So, the six-and-life works for me as well. Does that work for everyone? Okay. I will on the 6th to the 9th. 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 Hawkes Park. 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. Dupu. Very proud of you with the. The lobbying that you've done for us going to 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 edgewater 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. It's over and above and beyond. I think you've done a great job as a mayor's best you can. We've been through've been through hell the last couple of 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, 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, and a water backup system for a drinking water and a end of a hurricane, that's mandated by home and 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 YMC, I don't know the details. I know it's never flooded and it's always been a safe place. You know, 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 some help digging out these ditches man especially down here in a Volko 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 Balka road. Man, let's get down there and dig some ditches. And we got a good month ahead of us. We can make it happen. You know, but it has to come from the city manager and it has to come from Jeff Thurman. You know, and that's just, it's and it has to come from Jeff Thurman. You know 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'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 shelter. I'm thinly sure if you can see it. Cindy Black I'm Brawletree. 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 hyping 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. So it's something to think about and get with staff to see 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 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. You may have 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. Herking preparedness seminar that's going to happen right here between 10 and 12 in council chambers. Great. And I have been asked about the drug outfall like not 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 Citizens comments at this time? I so I'll be gate 3422 with Lynn 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 sometimes. 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. 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 County, 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 or any information that anybody is curious about. Just let me know. I think that's all. Thank you. What a bad 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 to 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. And because I was, what we brought up, we should talk about a time for the time or date for the work show for this gentleman. 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 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 of them. People's complaints and it's very overwhelming. So what I would like to do is go out. Could you give them to the city court first please? Sure, I want to see you pass it on. But I'll basically apply it for those. You can scan and it has a slight presentation and more informative information. in the version of the products. How they were, where they've been implemented. So most of my work, I estimate I worked with the cities. I do have a slideshow prepared today for you guys. You 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 works out dates. Do you have any, I don't have the Council chamber calendar available if you have some dates and times that I can look at. I can do that. Maybe Thursday may 8th or that week. Well that I'm work because we're going 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 late is for the first week of June. We will set a council meeting June the second. I'm going to be on vacation from late 31st for a week. Would May 5th be too soon because we have a council meeting that day if we did a workshop early on the day. Specifically for this particular workshop. Ryan, would you have the time for the to have something prepared for the fill level? Yeah, he doesn't see it. I know some of the things you've already kind of had some ideas bouncing around. I don't. When is this work, Sean? 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. just 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, 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 for 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. Is anybody good with that? Yes. Okay. We are, Jordan. Okay. Far back. you you you you you you you