City Council - Regular Meeting

Call to order? I call to order this city council meeting of 09/08/2025. Roll call.

Councilwoman Gillis? Here. Councilman Thomas is excused. Councilwoman Dabo?

Here.

Councilman Rainbird?

Here.

Mayor DePue?

Present.

Interim City Manager Mahoney?

Here.

City Attorney Wolfe?

Here.

Interim City Clerk Tupin present.

Please stand for the Pledge of Allegiance. Just want to say before we get the meeting started that Mike Thomas is a little bit under the weather. He's in good spirits so much that he was worried about calling in, but he's an excuse for this meeting, so keep him in your prayers at this time. But he's in good spirit and feeling a little bit better. Item two, approval or changes or modifications to the agenda.

Seeing none at this time. Item three, approval of the minutes. None at this time. Item four, Presentations, Proclamations, Black Certificates and or Donations. Stormwater presentation regarding the 29th And A Half Street Canal and basin boxes.

Good evening, counsel. Sean Maroney, interim deputy director of public works. The our interim city manager asked me to give a little presentation just to explain the the properties that we got from the county along with some of the explanation of the drainage boxes that were we had to patch because of the public request for the state permit that we do have. Just want to run through a few slides and give you guys a little bit of update on where we're at. And that's kind of a generic overview of everything.

We got stormwater and Florida Shores you know, running through property acquisition. 29 And A Half Street Canal is part of what the county gave us. And then I'm going to move on to catch basins and then project sustainability and futures. I hate to read all this to you, but the Florida Florida stormwater system is designed to to catch the neighborhood water within the streets and the swales. So that's one thing that a lot of people don't understand is that the street is actually part of the drainage system.

I know with today's technology and everything, that seems a little wrong. But that's the way it was in the nineties, the way they set that up. And that's the way they chose to do it back then so the assessment wouldn't be so big versus going to underground piping and everything. That's what everybody apparently voted for. So just to kinda give a basic overview of that.

And then for the areas that were donated from the county, the area West of Willow Oak Drive is the area that's affected by that, and so it's the Silver Palm Canal and the 29 And A Half Street Canal. Everything collects in a couple of canals over on that side and then moves west into the Silver Palm and either flows south or to the west. So this is a map here. The one the the aerial photo on the left kind of shows a better overview. The yellow line is the Silver Palm Canal that we've been maintaining for years.

And a lot of people have asked, the county donated us nine acres. That's the nine acres they gave us. They basically gave us what we were already maintaining. We were maintaining it on private property. And so now we actually own that property and we're able to to I mean, we were able to maintain it before, but now we actually own it outright. The other piece they gave us was that blue line, which is a 50 foot easement heading west. It runs about a mile out into the hammock, and that canal probably hasn't been maintained since it was dug, I'm guessing, fifty years ago. It looks like it was dug to basically build the road to get out into the hammock and then obviously to help with a little bit of drainage. But we've gone through the city crews have gone through and cleaned it up and opened it up. So now we've actually seen flow through that canal.

So it allows relief on that West Side Of Florida shore. So between the Silver Palm Canal and that one, we've got a lot more water that can move out of that area. This is a little overview of the 29 And A Half Street Canal construction. We call it 29 And A Half because, you know, all the roads run with the numbers, and this one squeezes between twenty nine and thirty. And we have an easement to get or a public right of way to get back in there.

And it just shoots straight west from that mid block section, and that's about it for that one. This one's for the the catch basins that we had to repair that were, you know, they were cut, I guess, I'm guessing in the early two thousands. A lot of the boxes, had 40 out of a 100 boxes that were actually cut. From what I could tell from an educated, you know, guess, because it was done before any of our current employees were there, they were cut to allow better drainage. They were installed for water quality, which at the time was the big thing, was everybody wanted water quality, which we still do.

But, also, it wasn't built to deal with flooding. So per our permit, we did have to repair them. We have had some issues with some of them, obviously, because now they're holding more water than they did. So we've done some retrofitting to the berms to kinda help move water better. We're we're still adding some of those pipes to do some other ones, but we hit, like, five or six of them right out of the gate because those are the ones we had rain about mid July, and those stacked up pretty water water pretty quick. So we hit those first. We ordered a bunch more pipe, we're doing a few more of those. From what I've heard from the residents, they seem to be working a lot better, so I've gotten a lot of good feedback that way. But this is just a diagram of how those systems work. They're supposed to stack up and then overflow into the structure.

Well, you've seen those structures out there. Any of them they're anywhere from a foot high to four feet high. So some of them really have to stack up before they start flowing into the canals. So what we've done is popped a pipe through that berm as a relief and just allow water to go out sooner than waiting for it to get to the top of those boxes. This is just a couple of pictures of one of the boxes that we repaired on the left and then the repair on the right.

That's just a typical one of the cuts that they did that allowed water to start draining before it got you know, that one was probably 12 to 15 inches tall, so it it didn't have to stack so high. You know? And, again, the the permit that we had was mainly focused on water quality, So, know, that wasn't the main focus was flooding, so we're trying to adjust to that. We're also hoping that with the stormwater master plan that they they look at this now because we have told them that we filled in the boxes and they were running their models based on the cut boxes. So now they've had to fix their models to adjust on that to see what we can do to basically remedy these flooding areas that we have.

Basically, saying that, you know, stormwater is not a one time effort. We're always doing things, looking for, you know, the next best thing to do out there. Obviously, our our big the big fish is the stormwater master plan. It's gonna be a lot of money, but, you know, that's gonna be the one that fixes everything. When we do these little fixes, you know, you do something to your one person's house, it doesn't help everybody.

What we gotta look at is the big picture, and you can fix all these little things all day long, but you've really gotta fix the whole thing as a as a a total unit. Otherwise, you're really just kind of shooting in the dark as far as fixing individual problems. So hopefully, we get some more information out of this study and able to provide us more information on what we can do going forward. And I'll take any questions if anybody from council has.

Well, I appreciate it, Sean. I think you and Jeff and the whole department are doing a great job. Last time we had eight inches in twenty four hour period, it was almost catastrophic. You guys are out there. I think it's been almost a little over two months ago now. We had that. It was the system that came through here. You guys are right on top of it, right out there, you and Jeff and the whole team.

We had everybody on deck for that one, yeah.

And you guys did a great job. All the water was gone within an hour, mainly Queen Palm

Yeah, that's a rough area.

So we really appreciate. I think you're stepping it up and think you have the resources moving forward. So not that you guys didn't do a great job before, doing an even better job now. So I appreciate all that you're doing. If someone listening and someone in the audience has something that they would like to put in a ticket in public works, what is the best way for them to do so?

The easiest way is just to go online to the city website and go to the top where it says contact. Then you can just click which department you want and put in a request. That way it gets it as a record, you know, versus just a phone call. You don't have a record of it. You can put your email in there, and it'll email you when, say, we fix the problem. It'll email you when we have a resolution.

Perfect. So typically what would go to you is normally like storm correct me if I'm wrong stormwater, any kind of potholes, anything like that?

Basically everything, utilities, stormwater, streets, all that comes to me. I get emails for all So of any trackies that goes in, I see it. You know, if it's somebody needs a garbage can, I don't really look into it? But when there's storm water issues or other things, you dig a little bit deeper.

Sure. Well, great. I appreciate it. Any further questions?

All

right. Thank you.

Thank you.

Thank you, sir.

All right. Item five, the city manager's report.

Good evening, Mayor and Council. I have a few things for you. The request for legal services proposals have been advertised. The deadline is September 12. So we spring that before you, at the September.

The city clerk interviews are next week and should have the top five list to you by once again the September 22 council meeting. Regarding the business park that's located adjacent to Majestic Oaks, we're working with the engineering firm and FDOT to see if we can make some modifications at the request of that community. Once again, I'll have an update for you and possibly a presentation at the September 22 City Council meeting. Other than that, I organized and participated with you all in team building, and I think that was pretty constructive for the group. I attended the Northeast Florida Crime Stoppers Annual Banquet, where we recognized Officer Ingram, who was the Edgewater Police Officer of the Year.

Just a few more things. I'll keep it brief. I've been working with staff to create a more robust citywide natural disaster response plan to ensure all departments work together proactively and efficiently. I directed staff to begin preparing to implement more detailed written policies through each department to ensure more accountability, operational streamlining and promote succession. If you've noticed, I authorized the dilapidated house, of in

a

the And September 19. And other we've than that, I have spoken with a copious amount of stakeholders and citizens regarding complaints, compliments and ideas.

Well, thank you. Great job. And I know that there's some here tonight to talk about Majestic Oaks, so you're in contact with FDOT and the engineering firm, and you'll have an update a thorough update for us at our next City Council meeting.

And Is that what I we hear their concerns and working on it.

Perfect. Thank you. So the major update will come in our next City Council meeting. Okay. Thank you so much. Job well done. Citizens' comments. This is the time for the public to come forward with any comments they may have. Citizens' comments related to an agenda matter may be made the matters before the council. Please state your name and address, and please limit your comments to three minutes or less.

Chuck Martin, 205 Chair Wood Lane Edgewater. First of all, I want to thank our new interim city manager, Joe Mahoney. I wanna thank Jeff Larracy. I had brief meetings with him on some flooding issues we've had concerning some residents and some canals, and it went very well. Thank you, mayor Diesel, for everything you're doing. We'd had some phone conversation and some meetings, I look forward to working with you more and more in the future. Thank you again for the million dollars you got us. That's greatly appreciated. I don't have enough time to thank you for everything, but thank you. Okay.

Voter intimidation by an elected official against a senior citizen is a federal crime, punishable by fines, imprisonment. Federal and state laws specifically prohibit and penalize threats, coercion, or intimidation that interferes with a person's right to vote or who to vote for. State charges. Most states have their own laws prohibiting voter intimidation, sometimes even stronger protections and penalties. In Florida, for example, voter intimidation is a third degree felony.

How to report a violation? If you witness a violation or experience intimidation from elected officials or anybody else, you can report it to several authorities, US Department of Justice, civil rights, 1802533931, FBI local office, (386) 252-0463, Florida Division of Elections in Tallahassee, 8502456500. Text messages and phone calls are admissible. Thank you. Thank you again, mayor.

Thank you, sir, for your comments. I appreciate it.

My name is Kim Long, 3312 Mango Tree Drive. I've come before the council tonight to ask you guys a few questions. What is your plan? Do you have a plan? If a group of masked ICE agents or even the military come into our town committing crimes, assaults on our citizens, on your neighbors, kidnapping people, showing up at schools or construction sites, and they engage in unlawful restraint, which is a crime, if you have people show up in unmarked cars in military gear that are unidentified, whether they're ICE or you guys are smirking.

You're seeing it all the time on the news. I mean, this is happening. And I know we're a little tiny town, and we're not Chicago. But the fact of the matter is they're taking people without judicial warrants. A judicial warrant is required. It has to be signed by a judge, and I wanna know what the policy of our city is gonna be. Have you discussed it? Have you thought about it? Will our police be instructed to stand by while masked men break the law? I mean, we've seen we're seeing it happen.

My question to to you, all of you tonight, is what is your plan if you have a plan? And do you think Edgewater is off the radar? Because I don't. I'd like to believe I live in a town that won't allow thugs to snatch people off our streets. Has our city council approved or entered into any agreement with ICE as of this date today?

Thank you. I'll just say I believe our police department is well qualified and I think that our chief would be prepared to handle that. City manager, would you agree?

Yes, very much so.

Thank you for your comments. I appreciate it.

Linda Mosier, 319 Leaning Oak Drive. And I am president of the Majestic Oaks Phase one and two Homeowners Association. You've heard a lot from me, but I've got to get this on the record. With any proposal to open a new drugstore or a fitness club or a bank, everyone has a pretty good idea of the clientele, business hours and peak traffic volume. But we don't know that, and we can't know that, about 1st Business Park or any of its future tenants.

It could be up to 20 small businesses drawing any number of customers and vehicles day and night into Majestic Oaks, or it could be one or two large warehouse operations, taking container deliveries and diverting semi trailers onto Oak Branch 20 Fourseven. We just can't know. And once construction is complete, one city staffer will have sole authority to approve new renters. Even so, our primary concern is not about the vacant lot being developed for commercial use. That parcel has been cleared for a decade.

The issue is forcing all 20 of the commercial Riverside addresses to use a brand new Oak Branch driveway that was never part of the original development agreement for Majestic Oaks. Today, we ask that the city honor that first agreement and enforce its own ordinances governing tree removals and truck routes. The city has just cause to say no to this access plan on those merits alone. In 2002, Oak Branch Drive did not exist. When it was approved for Phase one and two use, the Platt survey clearly detailed the full entrance area east to west from U.

S. 1. Today, that tract contains our namesake canopy of 20 historic oak trees. If need be, the HOA also retains the right to gate the subdivision for private access. Barring that, we insist that no trees be taken out and no semis be driven in.

We know that FDOT's refusal to approve a US 1 entrance for this project is the issue, and we're happy to stand with the city and with 1st Business Park in trying to reverse that decision. But that's the only real solution. We feel that City Council was rushed into approving this site plan without full disclosure of its damaging impacts to Majestic Oaks. Over the past weeks, you've heard a lot from me and my neighbors. Several of them are here tonight, but you have a packed agenda. So for what it's worth, we're all counting on you to do the right thing and send this back to the drawing board while you still can. So we've come full circle, back to basic schoolyard rules. We were here first. We have dibs. Thank you.

Thank you, ma'am, for your comments. Please note public participation at this time. And I'm looking forward to a full update for the City Manager of the next City Council meeting. Thank you. And I've received, and I'm sure all of Council have, several emails from everyone that lives in the area. Thank you.

Good evening. I'm Suzanne Schibert, Dream Green Volusia, 548 Sandy Oaks Boulevard and Ormond Beach. The Volusia County Charter Review listening sessions are happening now fairly quickly. For anyone that doesn't know, this is the Volusia County Charter government. It's your opportunity for the public to comment to express what they would like to see in the Volusia County Charter.

And this district is happening September 11 in New Smyrna Beach at the Regional Library at 1001 South Dixie Freeway, and it's at 05:30. And if you can't attend that location, you can go to any location in any district. I'm not going to read all of those right here, but just so you know, you can find it on the Volusia County website or your city manager might put it out possibly or talk about it publicly. You can put it on your own website if you would like. Thank you.

Thank you, ma'am, for your comments. Perhaps we could put that in our next letter.

Good evening. My name is Art Slack, three thousand thirty one Umbrella Tree Drive, Edgewater, Florida thirty two thousand one hundred forty one. Hear you know, Edgewater's and got a lot of older people. Okay? A lot of them do not email, text, and all that.

They phone call people. Now I just heard if people want to get a hold of environmental, they email them and a lot of people don't. They make phone old fashioned phone calls. You know, a lot of those emails in Texas, they go out in the cloud and you don't get them for days. I have a neighbor, a few houses down, emails environmental of the erosion that's going on on his canal five times.

And then he says, to hell with this. Got

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hold of Volusia. And then things happen. Everybody got a hold of Volusia with a phone call, not an email. And then now it's being addressed. We can't just say phone calls are no good because I know a lot of times I call and it takes days and days and days before you get a response. That's all I gotta say. We don't have to trust texting and email. It's just gonna get us in trouble more.

Thank you, sir, for your comments. They're appreciated.

Tom Sedita, 209 Oak Branch Drive in the Majestic Oaks neighborhood. I just wanted to add a few extra things. Linda did a wonderful job. But first, I had some concern about the our neighborhood association not being notified when the plan, initially went through. Hopefully, that that oversight doesn't happen again.

Hopefully, Linda's on speed dial from, moving forward. Second, I do have some concern about flooding if that if that lot is built up, as as, you know, rain happens. I know I stepped in a big puddle as I stepped out of the car just a moment ago. And I know some of those houses, especially at the lower end of our hill there, I'd be concerned about flood damage should there be another big storm. Thirdly, I do have concerns about property values in Majestic Oaks.

If we, you know, chop down half of the Majestic Oaks in the neighborhood, to put in a pathway for commercial traffic, you know, a row of stumps isn't nearly so majestic, is it? So, yeah, nothing I just wanted to double tap on some of those things, some of things Lyndon said. So, yeah, hopefully, the the September later September update has something, much more positive. So, yeah, that's it for me. Thank you.

Thank you, sir, for your comments. I appreciate it.

Good afternoon. My name is Charles Anthony. This is my wife, Denise Anthony. We live in Majestic Oaks. We, bought our house there back in 2019. My address is 201 Tree Branch Lane, Edgewater 32141. A couple of weeks back, I met Linda. She needed some help doing something out in the neighborhood. And she asked me, did I hear about what the council has voted on that's gonna concern our subdivision? I said no.

He said that they sent out postcards, and it explained that there was a special meeting taking place. Well, yes, I did get a postcard. Nowhere on it did it say majestic oats. It referred to the business of the meeting, the important meeting, as a case number. I had no idea what they were talking about, so I didn't think it pertained me, so I threw it away.

And I thought it was very I don't know. I'm not sure of word I wanna use without offending someone, so I better just keep keep my thoughts to myself. But I just thought it was highly irregular. Secondly, I learned that the state of Florida denied the builders access to US one going south. So my thought at that point was, well, if the state of Florida won't give it to them, why should we? Are we gonna get anything out of it? Are we gonna get paid money for it? We can put a swimming pool, tennis courts back in the back? No, probably not. And who owns that property anyway?

From the three way stop sign on Oak Branch to US 1, who owns that property? Do we own it or is it owned by the city? I didn't know. I wanted to find that out. This is going to affect a lot of our neighbors behind us in Florida shores because many of them use majestic oaks as their drive through to get to one, go either north or south. I don't particularly like it, but you know what? If I lived in the shores, I would be doing the same thing. It's just increased traffic and we have a lot of different types of people who live in our subdivision. We have, as someone mentioned earlier, we have seniors. We have some who use walkers.

I know of one lady that lives on Branch who is blind and she uses a stick, a walking stick, to get from point a to point b. I just feel that it'd be very, very dangerous for them as well as the children. When school's out, they're on their bicycles, they're on their their their scooters or whatever. They're playing. They're having fun.

I I just feel like some at some point, somebody's gonna get hit, and it's not gonna be funny. And as you all know, this is an election year. And, I don't know who's running and who's not, but it'd just be hard for me to think that if I'm running for for, council or wherever and, I vote for this, it's gonna be hard for me to get reelected with the number of people that's here tonight. And we all know people who know people who know people. So I think it's gonna be very, very difficult to get reelected. And

Well, thank you, sir, for your comments.

Okay. I'm sorry. I didn't mean to overstate. Thank you.

There'll be more time at the end of the meeting, but what it sounds like we should do with the direction of consensus of the City Council, I'd like for the City Manager and Planning Official to reach out to the developer and see if they will be open to a town hall meeting with individuals in the Majestic Oaks corridor and around the Majestic Oaks area. The developer would be open to that. Could you reach out to them? And then also, please note public participation at this time is disrupting the meeting while we're trying to get results for the individuals. I lost my train of thought.

Secondly, if we could please just reach out to the developers, see if we can have a town hall meeting. I'm looking forward to hopefully having answers at the next council meeting. And then just as a show of hands, who is here from Majestic Oaks? Who's against the project? You could please, again, please no public disruption. And, Madam City Clerk, if you could please note that into the record that the majority of Majestic Oaks individuals were concerned about the project and the majority of the crowd at the meeting were from Majestic Oaks. Thank you.

Mr. Mayor and Counsel, my name is Linda Smith. I'm a Director with the HOA Board for Majestic Oaks Phase I And II. I live on Oak Branch Drive. I will forgo my information as Linda has presented most of it and I'm sure that you all have been presented with most of it also. But I would like to take this opportunity to thank the interim city manager for continuing to pursue the issues with First Business Park in Majestic Oaks and also thank the interim city clerk for her assistance with obtaining records and the mayor and council for their patience and time trying to work solution. And we will see you on the twenty second.

Thank you. Thank you, ma'am, for your comments. They're truly appreciated.

Good evening, mayor and commissioners. Catherine Pantay representing Slow the Growth Volusia. I'm here today on behalf of my aunt, a resident of Edgewater, to urge you to continue standing strong for your community and join the coalition of cities pursuing litigation against the state of Florida over SB 180.

Thank you. Sorry to cut you off, but that is actually on the agenda. So if you can make that comment while the matter is before us, that would be tremendous.

Oh, Okay. I didn't know that you were allowed to comment then. Thank you.

Yes. Thank you.

Yes. Thank you for having us here from Majestic Oaks. My name is Don Bonfield. I'm at 323 Oaks Majestic Oaks. I've been on the board for twenty years, forever.

And I don't want to see the trees go either. But at the same time, really, it's the traffic. I mean, we have approximately 180 homes with both of those developments and approximately 120 cars twice a day going in and out of the entrance. And wherever they want to put that entrance into that business park, I mean, it doesn't take an 80 four year old dumbass like me to go ahead and look at it and say, that's an accident waiting to happen. These cars to pull in off of Ridgewood to come in and all of a sudden there are some cars pulling out to the other side.

It just doesn't make a lot of sense. It really doesn't. So I'd appreciate if you'd really look at that more often. Thank you very much.

Thank you, sir, for your comments. I appreciate them. Like I stated, please, no public participation unless it's a counsel or citizen comment,

Good evening. My name is Vaughn Tomlinson. I live at 1919 Mango Tree Drive.

I

have lived in that house for thirty two years. And for thirty two years, I've had a eight foot wide utility easement up against my property line. And the neighbor behind me has put had put up a fence. And I mowed from her fence to the rest of my backyard. And I've done I've done that for thirty two years.

Now I have a new neighbor, and the first thing they've done was to take down their fence, move it, and they actually squeezed their fence into my property line. Now I have tried to find out for the last three weeks about the utility easement in Florida shores. Are they still valid? I cannot get an answer from anybody to give me an answer. And I would really like to know why some people are putting fences in the easement on the other side of the easement and whatever.

I just anybody that can give me an answer whether whether the easement is valid or not, I thank you all.

Mr. Manager, if you could please, with this resident at 1919 Mango Tree Drive.

Yes, sir. I'll be in contact. Thank you.

Okay. Madam City Clerk, just one more citizen comment.

Good evening, counsel. My name is Peggy Raynor. I reside at 225 Tree Branch Lane in Majestic Oaks. I basically agree with all my neighbors with the concerns. However, I think I want to go one step further.

When you own a piece of property, it looks to me that what's being done is somebody is allowed to tell you what to do on your property in regards to cutting down trees and such. Some people might not think trees are a big deal, but making the decision to okay this, in my opinion, it's going to be a negative precedent for the future. You're opening many doors. That means I can go to your property and tell you what you should and shouldn't do on your property. Somebody really can get really ugly with this, so please, please consider what you're deciding.

Might not be just about the trees, but it's about you starting something that can just downfall. So please, I pray for all of y'all to make the right choice. Thank you.

Thank you. Madam City Clerk, just if there is no more public comment, making sure that you noted that the majority of this audience had concerns.

Yes, I made a

note. Perfect. Thank you. All right. Item seven, Council Reports. Councilwoman Gillis.

All right. Bear with me. So I attended and spoke at a Habitat home dedication here in Edgewater. I attended an advocacy meeting in our leadership session where I feel like I didn't get to know us all, how we work together a little bit better. I attended several board meetings. Attended Wild Thorn Dairy's grand opening, and they are a local business that just opened. They're looking to partner with schools for fundraisers. So if any PTAs or schools see this and want to reach out to them, you can find them on Facebook. Or get in contact with me, and I'll get you their contact info. I attended the kickoff for the Mayor's Fitness Challenge, and I wanted to thank the Taylors and Edgewater Fitness for all they've been doing.

I attended Wildflower Market Night that was also raising money for a local cancer warrior. And I met and spoke with many residents from Majestic Oaks. And trust me, I hear you. And I mean that with love. I wasn't comfortable with the project at the last meeting myself.

I attended the Crimestoppers banquet. We did not take the big one home, but I did want to congratulate Tristan England again for being a proud representation of the city. I received several calls of praise for different employees with some issues that they had handled around town. So I'm going to say thank you to Tommy Smith and Bobby Copeland, and then also again Rusty and Mullet for their work on recent projects. I want to thank Todd and his crew.

There were several times I saw them out and about around town, I apologize. And I also got several calls thanking the men from Parks and Rec. Doug, Dave, Kevin, Jeremy, and Chris Love. And then lastly, I was also going to give a shout out to Jeremy, who just cut all of his hair off yesterday and donated it to a local cancer charity. And that hits me in my feelings, and I'm appreciative of that. So we have a lot of great employees, and I'm thankful. And that's all I have.

Thank you. Councilwoman Dabo.

It's been a busy month, I appreciate all the emails and phone calls that I've had this past month and the majestic oaks and a lot of folks have reached out to me to that. I hear you, I'm trying to work through as well, to be continued. But I do want to just say I've had quite a few residents reach out to me and I felt that maybe it should be addressed online so everyone can hear. This is not an election year. The election is next November, November 26. So we're seeing signs, everyone's excited, but you haven't missed anything. There's no election coming up in November. It's next year. So I just kind of wanted to put that on the record. A lot of confusion with that. That's all I have. Thank you.

Thank you. Councilman Rainberg. Good evening, Edgewater. I just start with first first question. Question.

To can't be one question. Hundred pounds and the thing that she some of the things that she did was just amazing. These people kiss their family goodbye in the morning. They don't know if they're coming home. It was kind of a great event to see the police get some appreciation. And as far as you people here from Majestic Oaks, I used to live on Fern Palm right on 22. I used to go through your property before there was the stop sign there. And I get it. We all get it. We all live here with you.

Mayors, families flooded twice now. We all live here. We hear you. We're glad this is coming up before the fact. We have some subdivisions that are causing some problems. And now that it's done, it's a little too late. We're one of you, and we're going to do our best to make it right for everybody. On the notification platform, I know we send out a postcard within 500 feet. When I was talking to Ms. Mosier, I was thinking maybe for places up against because I lived in San Remo, and they built that gigantic place.

I had no idea that was going on. I was a new homeowner. Now I know why a lot of people sold. But I didn't know that this gigantic D. R. Horton place was going up. And I'm thinking, well, what if our HOA knew? I was wondering if we could adjust instead of a postcard going within 500 feet, I don't know what that 500 feet is, is it the center of the property? And then there's only two houses that get a card? But I was just wondering if we could adjust and sidestep a little bit that every HOA president, somehow we have all of their phone numbers, at least the HOA, send them an e mail, hey, we're going to be building up against you and here's the proposal.

Because people not knowing is just, in my opinion, wrong. And I do agree. People should have property. I believe in property rights. Being told you have to cut trees down or put trees up, it's my property. You want to pay part of my mortgage, you could tell me what to do with my trees. We should at least be told, and I'm glad to see everybody here letting us know. But we hear you guys. We live here with you and it'll work out.

Mr. Rainberg, we do go above and beyond what's required by law. But I hear you, and we can always look at that policy to see if we can enhance it.

I'm thinking it might help a little bit because Ms. Mosier, she'll get the word out in thirty seconds to like 200 people. We

can look at our procedure, sir.

I do hear that over and over again. So Mr. Manager, if you could look into that, that would be amazing. And perhaps we can craft it on this to be written in stone with how far the postcards go and other property owners to

be notified. We'll take a look at it.

Perfect. I enjoyed meeting with the North Lyman College Board of Directors. I had a great meeting with Lisa Martin, a commissioner for New Smyrna, to talk about how to collaborate together to better collaborate in the future and talk about how we could come together as a community as a whole. I enjoyed Cheeseburger in Paradise at the Brandon Center that the New Smyrna Beach Rotary held. There had to be at least 600 people there.

I have some sad news. Jack Hayman, he was a former mayor for the City Of Edgewater, I believe, a two term mayor. And he was also on the County Council at one point in time for, I believe, two terms as well. He passed away. He made a great, tremendous difference in our community. And with Council's support, I'd like to honor him and have his family honored as well as Jack Hayman Day in the City Of Edgewater with no particular date.

Right. Mr. Mayor, I did have one other thing to say. I apologize for pausing when you started your report. But I just wanted to say to the workers of this city, we've got a lot of work to do, we're getting there. We're chipping away at it. And I was amazed. I went and followed up on a rubber duck video yesterday, and I went out to a canal and took some pictures to see, once get And sense to we're that.

We fared better.

So I we're think we're to the guys on the wall, to the whole staff, we'll get there. But I think it was good that we weren't the recipients of the Blunted at this time.

Thank you, staff. That's what I was going to say. Thank you to our city workers as well. I'll echo you. I was out in New Smyrna Beach and we could hardly get home and my friend had some car damage because it was so bad. So I was worrying the whole entire time and texting with several residents, and we didn't have any water on our roadways last night. Every roadway was passable, at least in Florida Shores and the surrounding areas, the floods. So I believe that's because of our team that we have now. I'm looking forward to having it better in the future. As far as Majestic Oaks goes and the residents here tonight, thank you for coming and voicing your concerns.

We're glad you're here. I shared the same concerns with the project. I'm looking forward to hopefully holding a town hall meeting with these residents and the developer to get any questions they may have answered to see how we can collaborate with them for turning lane off of US1. And I'm looking forward to hopefully putting this to bed with some happy news at the next City Council meeting. So thank you guys so much for being here and being involved.

We're going to do something about the issue that shouldn't have occurred in the first place. Item eight, the Consent Agenda. All matters listed under the Consent Agenda are to be considered to be 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 City Council, in which case the mayor will remove that item from the consent agenda, and such items will be considered separately. Is there a motion to approve the consent agenda?

I make a motion to approve the consent agenda.

Roll call.

Councilwoman Gillis? Yes. Councilwoman Dalbo?

Yes.

Councilman Rainbird?

Yes.

Mayor DePue?

Yes. Item nine, public hearing ordinances and resolutions. Item 9A, second reading. Ordinance number twenty twenty five-zero-eleven, amending and restating the firefighters pension plan. Read into the record.

Ordinance number 2020 five-zero-eleven, in order for the City Council of Edgewater, Florida, repeal in ordinance numbers 20 fourteen-zero-twenty, 20 sixteen-zero-thirty three, twenty nineteen-zero-three, 20 nineteen-zero-twenty six, twenty twenty one-zero-thirty six, twenty twenty three-zero-eleven and twenty twenty four-zero-thirty seven in their entirety and amending, restating and adopting the City Of Edgewater, Florida Firefighters' Pension Plan, providing for filing with the Division of Retirement of the Florida Department of Management Services, providing for conflicting provisions, providing for severability and applicability, and providing for an effective date and for adoption.

Thank you. Staff report.

This is a plan restatement. It's the second reading and staff recommends approval.

Thank you. I'm gonna public hearing citizens comments. Council comments. Closing the public hearing. Is there a motion to approve?

I make a motion to approve the second reading of ordinance number twenty twenty five dash o dash 11, amending and restating the firefighters pension plan.

Roll call.

Councilwoman Gillis?

Yes.

Councilwoman Dalbo?

Yes.

Councilman Rainbird?

Yes.

Mayor DePue?

Yes.

Item 9b, first reading, orders number twenty twenty five-zero-seven, amending and modifying the schedule of impact fees related to Chapter 21, Lien Development Code, Article 17, development and Type Fees. Please read into the record.

Ordinance number twenty twenty five-seven, in ordinance of the City Of Edgewater, Florida, amending modifying the schedule of impact fees relating to Chapter 21 Land Development Code Article 17 Development Impact Fees of the City of Edgewater Code of Ordinances, providing for provisions, severability, applicability, providing for an effective date and for adoption.

Thank you. I open a public hearing, citizen's comments.

Staff report. New development increases demand on the city's public facilities and infrastructure, necessitating additional capacity and improvements to accommodate these needs. It is the policy of the city that new development should bear its fair share of the cost of providing public infrastructure, facility capacity and system improvements to meet the demand generated by such development. On 09/09/2024, council adopted Ordinance twenty twenty four-twenty 19, which was the most recent incorporation of annual modifications to various fees, costs, surcharges and administrative cost fees relating to the Code of Ordinances, Land Development Code and various administrative cost fees. City staff worked with consultants with GovRates, Incorporated to perform a study of existing water and sewer capital charges or connection fees to implement a stormwater impact fee.

The results were incorporated in Ordinance twenty twenty five-seven and staff recommends approval.

Great. Thank you.

Comments?

I just had one comment. Seeing that we're going to give plenty of notice for this, right, because I believe because of SB 180, Manatee County was sued or is being sued for raising their fees because they didn't give proper explanation or time limit to just like to make sure that we do everything above board because who knows what SB180 is going allow us to do at this point. But I know it mentions that fees are more burdensome. So hopefully and from what I read from Manatee County, they didn't give proper explanation why they were being raised. What you just said is good enough for me, but I just want to make sure that we're ahead of that.

And the original adoption of the ordinance in 2024 allows permits this basically. Correct, Mr. Wolf?

Yes. Right. First of all, water and sewer connection fees are exempt from the impact fee act. And also, the storm water fee is a new fee. So we're not raising a fee. We're adding.

Definitely needed. Proud it's here. Any further comments?

Thank you for that, Mr. Walsh.

Close to public hearing. Is there a motion to approve?

I make a motion to approve the first reading of ordinance number twenty twenty five-zero-seven, amending and modifying the schedule of impact fees relating to Chapter 21 Land Development Code article XVII development impact fees. Second.

Roll call.

Councilwoman Gillis?

Yes.

Councilwoman Dalbo? Yes. Councilman Rainbird?

Yes.

Mayor DePue?

Yes. Item 9c, Resolution twenty twenty five R-sixteen, Annual Fire Fee Assessment. Please read into the record.

Resolution number twenty twenty five R-sixteen, a resolution of the city of Edgewater, Florida relating to the provision of fire protection services, facilities and programs in the City Of Edgewater establishing legislative findings and reimposing fire services assessments against assessed property located within the city for the fiscal year beginning 10/01/2025, approving the rate of assessment, approving the assessment role, providing severability, providing for an effective date.

Thank you. I'll open a public hearing. Staff report.

Mayor and council of the City Council approved the first year of fire service assessments for FY three that would be imposed against real property for the purpose of paying for fire protection services. Staff has recommended continuation of fire services assessment for FY 'twenty six. Initial fire assessment resolution was approved at the 07/21/2025, council meeting. The fee was held flat. Staff recommends approval.

Thank you. Citizens' comments. Council comments. Closed to public hearing. Is there a motion to approve?

I make a motion to approve Resolution No. Twenty twenty five R-sixteen, annual fire assessment fee.

Item 9d, roll call.

Councilwoman Gillis? Yes. Councilwoman Dalbo? Yes. Councilman Rainbird?

Yes.

Mayor DePue?

Yes. Item 9D, Resolution twenty twenty five R17, tentative Edgewater operating millage rate for fiscal year 2025 to 2026. Please read into the record.

Resolution number twenty twenty five to chart S17, a resolution of the Council of Edgewater, Florida adopting tentative operating millage rates for the city for fiscal year twenty twenty five, twenty twenty six, providing for a conflicting provision severability, providing for an effective date.

Staff report.

Good evening, mayor and council. Bridget Bassier, finance director with the City Of Edgewater, Florida. This evening, council will set the tentative millage rates and the tentative fiscal year twenty twenty six budget as noticed in the proposed property tax notice that went out from the property appraiser's office. Office. In compliance with Florida Statute 200.065, setting the maximum millage, the taxing authority must publicly announce the tentative Edgewater INS 2,005, Edgewater INS twenty sixteen, the Edgewater operating levy, as well as the tentative fiscal year twenty twenty six budget.

Per Florida statute, including chapter 200.065, provides that the city council shall adopt the tentative operating millage rate prior to the tentative budget. City of Edgewater is the taxing authority. The staff recommended millage rate is 6.33 per thousand of taxable value. This millage rate is being held flat from prior year. This represents a 7% increase over the rollback rate of 5.9161.

Current year taxable value for operating purposes is $2,222,709,693 This increase covers the increased cost of operations and maintenance of the general fund as well as a 6% wage increase for employees and additional staffing needs. Additional positions included within the general fund, three police officers, a police sergeant, three firefighter, driver, engineer, EMT, full time public information officer, an accountant, a Parks and Rec team lead, and a deputy city clerk. This millage requires a two thirds vote or four of the present members of the governing body. Staff recommends approval. Motion to approve Resolution twenty twenty five R-seventeen for a tentative Edgewater operating millage at 6.33.

Thank you. So we held the millage rate flat. We did not increase it.

That is correct, sir.

You. Thank Citizens comments. Council comments. There's no increases this year. Very proud of that. Is there a motion to approve?

I make a motion to approve resolution number 2020Five-seventeen, tentative Edgewater operating millage rate of 6.33 for fiscal year twenty twenty five-twenty twenty six.

Roll call.

Councilwoman Gillis?

Yes.

Councilwoman Dalbo?

Yes.

Councilwoman Rainbird?

Yes.

Mayor DePue?

Yes. Item 9E, Resolution twenty twenty five R-eighteen, Tenant of Edgewater INS, 2,005 voter debt service millage rate for the animal shelter for fiscal year twenty twenty five to 2026. Please read me to the record.

Resolution twenty twenty five R-eighteen, a resolution of the City Council of Edgewater, Florida adopting tentative voted debt service millage rates for the city for fiscal year twenty twenty five-twenty twenty six, providing for conflicting provisions, severability and applicability, providing for an effective date.

Staff report.

Mayor and council, the INS 2005 City of Edgewater is the taxing authority. The current year taxable value for operating purposes is $2,222,709,693. This millage rate is to cover the voter approved general obligation for the animal shelter. Note, it is the final year of this debt service. 0.01 is the staff recommended millage rate, and this rate would cover the principal and interest for the required voter approved debt service for the fiscal year 2026. Motion to approve Resolution twenty twenty five R-eighteen for tentative Edgewater INS 2005 millage rate of 0.01.

Thank you. Citizens' comments? Is there a motion to approve?

I make a motion to approve resolution number 2025 R-eighteen, the tentative Edgewater INS 2,005 debt service millage rate of zero point zero zero

zero point zero one zero zero.

0.01 for the animal shelter for fiscal year twenty twenty five-twenty twenty six. Second.

Roll call.

Councilwoman Gillis?

Yes.

Councilwoman Dalbo?

Yes.

Councilman Rainbird?

Yes.

Mayor DePue?

Yes. 9F, Resolution twenty twenty five R-nineteen, Tenant of Edgewater INS 2016 Vote Debt Service Military for the GO for Parks for fiscal year twenty twenty five to twenty twenty six. Please read into the record.

Resolution twenty twenty five R-nineteen, a resolution of the City Council of Edgewater, Florida adopting tentative voted debt servicemilitary rates for the city for fiscal year twenty twenty five-twenty twenty six, provided for completing provisions, severability and applicability for an effective date. Staff report.

Mayor and counsel, this general obligation debt, the city of Edgewater is the taxing authority. Again, the current taxable value for operating purposes, 2,222,709,693. This millage rate is to cover the voter approved debt service for the Go For Parks obligation. 0.1129 is the staff recommended millage rate which covers the principal and interest for the required voter approved debt service for fiscal year 2026. It is the motion requested to approve resolution twenty twenty five R-nineteen for the tentative Edgewater INS 2016 millage rate of 0.1129.

Thank you. Citizens' comments. Council comments. Is there a motion to approve?

I make a motion to approve Resolution Number 2020Five-nineteen, tentative Edgewater INS 2016, debit service millage rate of 0.1129 for the Go Parks for fiscal year twenty twenty five-twenty twenty six.

Is there a second? Roll call.

Councilwoman Gillis? Yes. Councilwoman Dahlbo? Yes. Councilman Rainbird?

Yes.

Mayor DePue?

Yes. Item nine gs, resolution number twenty twenty five R-twenty, tentative budget for providing for appropriations for fiscal year 2025 to 2026. Please read into the record.

Resolution number twenty twenty five R-twenty, a resolution of the City Council of Edgewater, Florida adopting the tentative general fund, enterprise funds, and all other related funds, budgets, and the capital improvements program for the fiscal year twenty twenty five-twenty twenty six, providing for appropriations, providing severability, and for an effective date.

Staff report.

Good evening, mayor and council. The operating budget before you this evening is as provided during the various budget workshops. This budget includes operational costs for fiscal year 'twenty five-'twenty six, increased operating costs, and other items as previously described. City of Edgewater is the taxing authority. Fiscal year 'twenty-'twenty six budget includes the general fund, special revenue, debt service, capital, enterprise, and internal service funds.

For the city charter, we budgeted the fund level. The citywide fiscal year 2026 operating and capital budgets for all funds is $80,516,543 The motion requested this evening is motion to approve Resolution twenty twenty five R-twenty for tentative budget for fiscal year twenty five-twenty six of $80,516,543

Thank you. Citizens comments. Yes.

Tim London, 2631 Woodland Drive. Based on the budget that's being proposed, we've got a $7,000,000 increase over last year. Is all the added revenue coming from the millage? The other question I is, if history is any indication, this time next year, this budget will be around $200,000,000 Why is it the budgets are approved at adopted stage are around the 80,000,000 Last year, it was $73,000,000 And currently, it's $183,000,000 What's the big differences? Thank you.

You. Mr. Manager, if you would like to have Bridget answer those questions, feel Absolutely. Free

So if you'll notice the operating budget as originally adopted is much less than the amended budget. If you recall, during the November timeframe, all of the ongoing projects that we have already approved in past budget cycles are rolled forward along with all of the purchase orders. You will also know that there is a couple of major projects, 2G11 for $14,000,000 There's a lot of ongoing capital projects that have been approved, and we incorporate those into the budget during the roll forward budget amendment. So those are pretty huge substantial changes during the November meeting.

Thank you. Council comments. Is there a motion to approve?

I make a motion to approve Resolution Number twenty twenty five -twenty, tentative budget providing for appropriations for the fiscal year twenty twenty five-twenty twenty six in the amount of 80,516,543.

Is there a second? Roll call.

Councilwoman Gillis?

Yes.

Councilwoman Dalbo? Yes. Councilman Rainbird?

Yes.

Mayor DePue?

Yes. Item 9H, Resolution number 2025DashRDash71, authorize participation for SB180 lawsuit. Please read into the record.

Resolution number 2025R-seventy1, a resolution of the City Council of the City of Edgewater, Florida authorizing participation in a lawsuit seeking, among other things, to declare that Senate Bills 180 is imposition of prohibition on the exercise of home rule authority over land use and zoning regulations is unconstitutional and should be enjoined, retaining Weiss, Sarota, Helfman, Cole, and Bierman PL to prosecute the lawsuit and provide it for an effective date.

Thank you. Staff report.

As Mr. Wolf advised, this is allowing the city to participate in a lawsuit, seeking declaratory injunctive and other appropriate relief from the provisions of SB 180, and staff recommends approval.

Thank you. Citizens' comments.

Good evening. Patrick Fisher, 2100, I believe the original intent of SB 180 was to help Floridians rebuild storm damaged homes and businesses more quickly. But in practice, the law has gone far beyond that purpose. It strips city councils and boards of their ability to ability to responsibly manage growth, infrastructure, and public safety. Nowhere in s b one eighty did the legislator provide a way for local governments to adjust and protect the health, safety, and welfare of their citizens.

If the intent truly was to remove this essential home rule authority, then it was reckless and irresponsible. This kind of overreach undermines the foundation of local democracy. The reality is SB one eighty creates a chilling effect. It hinders your ability to update comprehensive plan, manage growth, and make sound infrastructure and land use decisions precisely when Edgewater needs those tools the most. That is why it is urgent for you to join the coalition of cities challenging this law.

The cost to participate is reasonable, but the cost of sitting out could be immeasurable. A court victory may only apply to cities that take part, leaving those that stayed on the sidelines to bear the full burden of SB one eighty's restrictions. Edgewater cannot be cannot afford to be left behind. I urge you to act for the citizens you represent, for the future of this city, and to join other communities in pushing back against this damaging law. Thank you.

Thank you, sir, for your comments. I appreciate it.

Good evening, council members. Brian White. I'm a New Smyrna Beach resident. Normally I prepare some fancy remarks for you. I didn't do that this evening.

I just wanted to have a conversation about this very important decision that you're about to make. I've been traveling all around the county and the state trying to encourage municipalities to join this effort against SB 180, and it's because it's just that important. I think to your point earlier about how Edgewater fared very well with the rainfall yesterday, it's because all of you made some decisions to benefit residents that live here, and you did that based upon your home rule authority to make those decisions. And you saw them bear fruit. You had less damage, less flooding than neighboring municipalities because you were out there getting the job done and you had the authority to make those decisions.

SB 180 had good intentions to start, but at the very eleventh hour, some language was slipped in the back door that had a very devastating and chilling impact on home rule in Florida. And that's really unfortunate because this isn't a partisan issue. It's not even necessarily a political issue. It's about your residents, like the ones here in this room, being able to come here, share their concerns with you, and to have a voice. We're seeing a chilling impact on citizen participation all throughout Florida.

We saw it this week at the county council when they voted to minimize public participation in issues just like this one. I think that the decision you're about to make to not tie your own hands to join a fight that has a high likelihood of success with a reputable law firm that has a very good reputation here in the state of Florida, I think is the right decision. I commend you for your courage. I think you showed a lot of courage in voting to uphold your moratorium in the face of intimidation and fear from politicians at the Tallahassee level. And that takes a lot of guts.

And I think that people here notice that. And they look to Edgewater now as an example of how to have strength and courage in the face of fear and intimidation from outside. So thank you for taking that mantle tonight, support you, and commend you for having the courage to act. Thank you very much.

Thank you, sir, for your comments. They're appreciated.

Good evening, mayor and commissioners. Catherine Pantay representing Slow the Growth Volusia. I'm here today on behalf of my aunt, a resident of Edgewater, to urge you to continue to stand strong for your community and join the coalition of cities planning to pursue litigation against the state of Florida over SB one eighty. This legislation is a direct assault on local home rule authority. It strips municipalities of the ability to make critical land use decisions that regard public safety, public health, and overall community welfare.

From its inception, I have questioned the constitutionality of this bill, and I strongly encourage this council to do the same. Florida's tradition of home rule is deeply rooted. It was enshrined in the 1968 Florida constitution and reinforced by the Home Rule Powers Act of 1973, which put an end to legal challenges against municipal and county powers. Article eight, section two b of the Florida constitution explicitly grants these authorities. Volusia County was a pioneer in this regard, becoming the first county in Florida to adopt home rule powers under the 1968 constitution.

That was a moment of bold leadership, leadership that deserves to be honored and upheld today. Unfortunately, the county's current strategy appears to be simply asking nicely for an amendment during the next legislative session. That approach is not only weak but delays critical progress in a rural boundary charter amendment in time for the 2026 ballot as well as important comprehensive plan and zoning measures to protect residents. Let's call SB one eighty what it is, a calculated attempt by the legislature, aided by our local delegation, to strip away local authority and eliminate home rule. It was crafted not to be amended but to serve the interests of powerful development groups that now dominate the legislative process.

The cost of joining litigation is reasonable when weighed against the cost of inaction. Many residents have already borne devastating losses from repeated flooding, far greater than the price of filing suit. I know this firsthand. After Hurricane Ian, I spent nearly $50,000 restoring my property. That burden should not fall again and again on residents when preventable protections are stripped away.

In June 2025, the Supreme Court issued a major ruling in Trump v Casa two four a alpha eight eight four halting universal or nationwide injunctions that extend beyond the parties in a case, requiring federal courts to limit relief to the named plaintiffs withstanding. What this means is that Florida courts may follow the ruling of the US Supreme Court. Simply, if Edgewater does not join a class action and an emergency injunction is issued to stop enforcement of SB 180 as it makes its way through the court system, Edgewater or any city or county that did not join a class action will not benefit, meaning s b one eighty will only apply to Edgewater and those who chose not to join. Those who sign on only to the Bluesa County amendments will not be covered either. Now that may not apply in Florida, but I have a feeling that Florida courts may follow the Supreme Court ruling.

Let me be clear. Your reelection is not decided by state legislators or local delegation members. It is decided by the people of Edgewater, and they are asking you to fight for them, and you have shown that you have. Let's, just continue to stand with them, and urge you to join the litigation, defend home rule, show your residents that you are willing to fight as hard for them as they have fought for you to rebuild their homes, lives, community. To date, there are a total of 14 cities and two counties Thank you, that have joined the Mr.

Truly appreciate it. Thank you. Council comments?

I'll just say I'm very excited that we're united in this decision to authorize position, participation in SB 180. And I think it's very important to support cherish our home rule. So I'm happy that we're here tonight discussing it.

I just want to put on the record, and attorney, correct me if I'm wrong, you advise us that this is the best way to continue?

Yes. Yes, I do. I think it has a good chance of success, and I think it's the route for the city to follow.

Perfect. And I believe in home rule 100%, and we still have the opportunity to work with our state legislators out against them. I think as we've heard from our residents, maybe they just need to make amendments. Maybe they'll go that route. But if we don't do anything, we'll never know. Some of our residents said that as well tonight.

I believe this is the stuff we can take forward. And just a small step forward is still movement, and that will create more momentum. I mean, there's other cities that are all starting to join forces and come out. And it's not just us. I think when we were talking about it at the beginning, there was fear that we were going to be the first. There's a lot of us. And I think we are more stronger together.

Addresses more things than just what can be built and what can't be done for us to help the next

And deeper than just building. I mean, goes to our

future. With We had a land next development code being worked on that right now, it's in pause, could be thrown away for all we know if we don't get this help that we need. So I think we're on the right path. Is

there a motion to approve?

I make a motion to approve resolution number 2025DashRDash71 to authorize participation in the SB 180 lawsuit. Second.

Roll call.

Councilwoman Gillis? Yes. Councilwoman Dalbo?

Yes.

Councilman Rainbird? Absolutely. Mayor DePue?

Yes. Item 10, board appointments, none at this time. Item 11, other business item 11a, ratification of Edgewater Professional Firefighter and National Association of Fire, IAFF, Local four thousand five hundred and seventy five, Lieutenant, Driver, Engineer and Fire Fighter, Collective Bargaining Agreement. Staff report.

Mayor and counsel, the city and the IAFF agreed to a one year collective bargaining agreement that was unanimously ratified by their membership. The agreement includes increase and a $2 per hour transport incentive. Our firefighters do a great job, and I recommend approval.

Thank you. Citizens comments. Council comments. We have a tremendous fire department. Is there a motion to approve?

I make a motion to approve ratification of the Edgewater Professional Firefighters International Association of Firefighters by AFF Local four thousand five hundred and seventy five Lieutenant, Driver, Engineer, and Fighter Collective Bargaining Agreement. Second.

Roll call.

Councilwoman Gillis?

Yes.

Councilwoman Dalbo? Yes. Councilman Rainbird?

Yes. Mayor DePue?

Yes. Item 12, officers reports. 12 a, city clerk.

I only have one thing. The upcoming Volusia League of Cities dinner, if anybody would like to go to that, just let me know and I will RSVP. I just wanted to put it out there one more time.

Got the email, yes.

Perfect. Thank you.

Item 12, attorney.

Yes, just a litigation update. In the Lennar litigation, which is an appeal of the denial of final plat, the court has set a hearing for September 22. At that time, the judge will hear argument from both sides relating to the briefs that have been filed. And then sometime after that, we'll enter a final order deciding the case. Switching gears, All Florida Plumbing and Electrical Supply Company has filed a petition under the Florida Land Use Environmental Dispute Resolution Act.

And that act is designed to provide an informal expedited procedure for private landowners to seek relief through an impartial mediation hearing relating to disputes with local governments. So once they invoke the act, we're required to participate in the process and share equally in the cost of the proceeding. And initiation of this of the Dispute Resolution Act tolls their time for going to court to challenge the city's decision to deny the request of conditional use permit and variances. It's a two step process. The first step is just a mediation.

Like any civil case, go to mediation. The parties will sit down with the mediator that we've selected to try to resolve the dispute. And we've agreed to October 10 for the mediation. And we both the parties have agreed that the special magistrate will be Darren Elkind and he serves as the Deland City Attorney. If the case does not settle at mediation, then it goes to a hearing.

The special magistrate will initiate gathering phase and then he conducts a hearing similar to an arbitration hearing to take testimony and evidence and ultimately makes a recommendation to the city whether the government's action was unreasonable or unfairly burden the real property. Property. It is just an advisory recommendation. If the special magistrate were to find that the city's action was not well, was somehow unreasonable or unfairly burden burden the the property, then it would come back to the city council to vote on whether to accept the recommendation or not. Again, it's not a binding type arbitration proceeding.

If the special magistrate finds that the city's action was not unreasonable and did not unfairly burden the property, and that would be the recommendation of the special magistrate, then that concludes the proceeding. So it's a two step process. We're going go to the mediation on October 10, and I'll keep you posted. And that's all I have.

Thank you. Item 13, Citizens Comments.

Chuck Martin, two zero five, Trey Windley, Edgewater. It's been a great meeting tonight. Again, I wanna thank our mayor and our staff, mister Mahoney, our engineer, counsel, Jeff Larracy. As everybody knows or most everybody knows, I'm a candidate for city council district one. I have not or will not ever accept any campaign contributions for the simple reason that I've seen what happens in the past when people do it, especially in a small town like Edgewater.

I can't be bought, will not be bought. And if I can't go out and buy a few signs out of my own pocket and hand out some cards to talk to people and share my forty three years of experience working with civil engineers, mechanical engineers, aerospace engineers, helping to stop the flooding, working with our staff, pulling tires out of ditches in the canals. I've been doing it for a long, long time. I just don't post it. Made a few videos on some canals that we have problems with.

I know that our interim city manager is gonna be working with other department heads in other cities to rectify this, especially if we have a storm coming and there's a state of emergency cleared. I know that we we have other options that we can do to get the water flowing a little bit better. I want to thank mister Mahoney for reaching out and getting the information that I needed. We're all heading in the right direction here. And whether I'm elected or not, I'll still be doing what I'm doing here, working with everybody.

And, you know, again there, mister mayor, you're doing a great job. You really are. I mean, every time I see you, you're out at a ditch or you're going here, you're going there. I I don't know how you find a time for it. I know that we looked at the canal over there behind your house. It's flowing really good now. I think you're the only one that's probably rode these ditches as much, if not more, than me. I know we have a long time, as well as Charlotte. You know, we rode these together. And I think we're all on the same page here.

Thank you, Charlotte, for the job that you've been doing. And Debbie and Rain Bird as well. And stay out of them canals, man. Thank you.

I fell. Thank you, sir, for your comments. We appreciate it.

Yes. Ken Romer, 518 Seagull Court, Edgewater, Florida. This is kind of a complicated problem. It's a postal thing, but I need the city's help. Our post office box is right at the curve on Seagull, and the road is slanted.

And on that particular part of the road, there's either something that's either covered up or there it doesn't exist. We're not really sure. I do wanna thank Sean and Jeff when they came out and did mine, but we still get a bunch of water that comes down. So it sits there in front of the mailbox, so I can't get to it because it's all full of water. Secondly, I wanna apologize to the city clerk when she opened up the payment because it doesn't have any foam on it. It's useless. And so I'm in the top. It gets wet. So their entire thing was Scotch taped because I had to try to unstick the return handle. So I apologize for them trying to do that.

The road is very narrow. A lot of cars come around that corner, and they're in the left side, right where the post office is where you get mail. They don't make the turn to the right. So I'm hoping maybe the city police could kinda, when they have a slow time, sit where Seagull and Falcon is to see how these cars come flying around in the corner. Because what I'm hoping to get the post office to is to move it to the other side where there's sidewalk and you can get there safely.

And maybe the city attorney can direct me. Can I spray foam on the thing to try to get some kind of protective cover? Because they won't change it. And it was put in by a homeowner association, which no longer exists. So they've created a situation that you can't solve it, which is weird. But I'd like to keep it protected so all of my mail isn't wet. And you guys don't have to cut it to open it up to get your payment. So any assistance would be greatly appreciated. And I don't know if it's legal to do. I don't want to do something, get the federal government after me just for trying to get some kind of protective cover on the post office box. Thank you all.

Well, thank you, sir, for your comments. Mr. Ranger, if you could reach out and try to help.

Time me. I'm not reading this time. I just wanted to make a couple of closing points just in terms of Majestic Oaks. Linda Mosier, 319 Leaning Oak Drive, Majestic Oaks. In terms of the notification, I just wanted to remind everyone that HOAs are registered as nonprofit corporations in the state of Florida.

And we have a business sign at our entrance, which is well within the 500 foot radius of that project. So I understand that there are minimum things that need to be done, but this is just one step further where HOAs are concerned. That's an important point that HOAs are an entity in and of themselves. They're not just about individual The city does have an HOA mailing distribution list that goes and has a newsletter that goes to HOAs. And I think that should be used.

I've already seen a couple of things. I'm watching very closely now. So I've come across a couple of indications that there are some illegal attempts to try questioning the ownership of this tract that we're concerned about. And the Majestic Oaks has its own development agreement from 2002, and it specifies the ownership and use of that common area. It appears under the county clerk's records under book number 4985, and page ten ninety nine starts it.

But on page three, it clearly designates roads, that there shall be an access road entrance permitted from U. S. Highway 1 and Glenwood Drive to service the subdivision with a minimum right of way. I won't read all the details. There is Item E as a conservation area and open space, Majestic Oaks Subdivision, and it has 1.38 acres.

It has retention pond specified of 3.3 acres. And then it also has a very lovely color map at the end of it that shows very clearly what is part of Majestic Oaks as part of that original development agreement. So that's what we are asking for you to honor and help us protect. And that's really all I can say about it right now. I'm all worn out. How about you guys? Thanks so much for hearing us out. Appreciate it.

Thank you, ma'am, for your comments. I appreciate it. Okay. We are adjourned.