City Council - Regular Meeting

20 '25 routine meeting at this time. Roll call.

Mayor DePue?

Present.

Councilwoman Gillis? Here. Councilman Thomas?

Here.

Councilwoman Dobo? Here. Councilman Rainbird?

Here.

City manager Mahoney?

Here.

City attorney Wolfe?

Here.

Interim city clerk Tupin present.

Please stand for the pledge of allegiance. I pledge allegiance to the flag of The United States Of America and to the republic for which it stands, one nation under God, indivisible, liberty and justice for all. Please remain standing for a moment of silence. Okay. Item two, approval changes or modification to the agenda.

Before we continue, is anybody item 11 gs, is anybody here to speak on that? It's related to reefs across America. I think that that's one easy topic. If you are, could you please stand? Okay. Seeing nobody, we will keep it where it is at the agenda item. I just didn't want it to go through and have somebody have to speak on that. It's almost the last thing.

Mister mayor, I have a modification.

Okay.

If we could move nine d before nine c as the comp plan needs to go be heard first.

So you're like nine c changed to

Move nine d before nine c.

K. Nine d change to c and then c will be to d. Okay. Perfect. Okay.

Item three, approval of the minutes. None at this time. Item four, presentation, proclamation, plaque certificates, and or donations. Item four a, mayor's special award, outstanding business of the year, Cub Coolidge in heating to Ben Kovich, dear friend of mine, truly cares about his community. Everywhere you look at a community event, Ben is there, and he never wants any kind of recognition. He's probably embarrassed to be here tonight. That's how little he cares about himself being publicly noticed. He's a tremendous individual. He does so much for the community. During our hurricane relief drives, he was there.

During our sandbag events, he was there. When a 90 year old lady was out didn't have heating or air, he was there to fix up pro bono. He does so much for the community, cares so much. His father also has done a lot, give back to the community. So it is my proud honor to award this Outstanding Citizen Award 2025 Mayor Proclamation to Ben Covet Covet, Cooling, and Heating for exemplifying the principles of giving themselves to others through their extraordinary contributions within the City Of Edgewater community. Congratulations, and please join me in congratulating him.

How many sandbags did you fill during the storm?

About four four thousand.

We're gonna have to bath shipped up.

And his daughter. His daughter was out there there pumping bags.

Item five, city manager report.

Good evening, mayor and council. I have a brief report this evening. I attended several community meetings, pickleball ribbon cutting, Bluche County elected roundtables meeting, the Florida Inland Navigation District meetings, Southeast Bluche Chamber annual meeting and awards, Bluche County economic development meeting, and internal most importantly, I began to meet with each of our employees in the city one on one. I met about 25 employees. I just think it's important that I get to know everyone who works for this great city.

And then we just received their stormwater presentation. So I'm going to be seeking a federal lobbyist potentially to help secure funds. So in the next meeting or two, I'll bring those candidates back to you to see if it's something that we want to do as a city. That concludes my report.

Great news. Thank you, mister manager. Are there any questions from the council or comments? Okay. Item six, citizen's comments. This is the time for public to come forward with any comments they may have. Citizens comments related to any 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.

Hello. Wendy Helms, 405 Wildwood Drive, Hedgewater. And I'm commenting on the Wildwood infrastructure and flooding. And I wanted to thank you all for acknowledging us, and you've got our letters from our individuals that can't be here tonight. And I came here with this great speech, and you kind of blew it for me because you're acknowledging our neighborhood, and I I'm thanking you. And, I'm looking forward to meeting with you and working with you. And that's about all I have to say because futuristically, we'll be working together. So I thank you.

Well, thank you, ma'am, for your comments, and let's be in touch soon. Thank you.

I'll follow that Edgewater truck 205 Cherrywood Lane. I've lived in a Wildwood subdivision for thirty two years. Our subdivision has not had any improvements in our infrastructure since I've lived there in thirty two years. Matter of fact, the storm drains haven't been cleaned out in thirty two years. Did a lot of cleaning after all the hurricanes, but, yeah, it wouldn't hurt to get the back truck center. But we got we got a lot of cleaning to do there. And last upgrade was,

I don't

know, thirty, thirty five years ago when a county come in and did something on Park Avenue, and it flooded us real bad and had to remove it, and then we flood drained in forty five minutes. But that's all I'm saying. We need some help here. I just want to get back to my stormwater master plan that I proposed, which was exactly what they proposed in the first phase. We we gotta get the canals cleaned out. You know? I know we can't remove the sandbar right away out there, but we can clean to the sandbar. All that rock and I'm gonna keep on and on and on and on till we get the rock dug out of there that the city's been dumping in. We gotta clean that crap out of there. I went and measured them.

The two box culverts are six foot by six foot. One is clogged up. It only has six foot by four foot. That's 24 square feet. The other one is six by three and a half. Excuse me. It's all clogged up. That's 21 square feet. That's 45 square feet. At US 1, it's eight by eight square feet. You're trying to put 64 square foot of water into a 45 square foot hole. It doesn't work. Diesel, you were out there with me. Every hurricane, we're out there 02:00 in the morning dragging stuff out of the road, and you've seen how high it was in that one side and not on the other. We we need to clean that stuff out of there.

We went in there and we mowed it, but we didn't clean out the rock. And we can clean it from Riverside Drive to the river. Hasn't been cleaned in decades. I made my videos. We're gonna get that cleaned out of there. And as far as the stormwater master plan, I I agree with Mike. You know? We got outside entities coming in and telling you and you and, I think, maybe you what to do, and that's not good. They don't live here. We live here. Okay? Y'all need to work for us. You listen to us. And that's what I heard after mister Rainbow was elected. He works for us.

He doesn't work for people from Ormond or Daytona. He works for us. Now like Mike said, you know, we're suing the state. You think they're gonna give us money? Not likely. I don't know. We'll see. Time will tell. But we've to get these ditches and canals cleaned up, and we need more pumps. Right there by Debbie's house, we can put a pump, put some steel plates in, get that water out of here. We need this. We don't have much time. Enough said. Thank you.

Thank you, sir, for your comments and suggestions.

Good evening. My name is Tanya Plow. I'm an attorney here in Edgewater. I was formerly on the board Habitat of for Humanity. And that's how I know some of you and your issues. Handled the lawsuit where Mr. Wolf was very, very helpful. I now live at 403 Wildwood Drive. For fourteen years, I've rented a home at 127 Ridgeport Lane. And PS, never had a flooding problem.

It could rain for days. We never had a problem. Why? Because we had drains on each side of the road with storm water drainage to wherever it is they drain it. So then I moved, and I bought a home on Wildwood Drive. And next thing I know, there's big gullies. There's all kinds of water. And I'm wondering, where are the drains? I didn't even look at that when I bought that property, because I bought it in a period of three weeks. So I'm just wondering why we don't have stock drains over there.

In fact, I wrote to you, Mayor, because one of your trucks ran over my grass and really tore it up because it's so wet. I agree. The grains are not or whatever those things are, culverts are not cleaned out. And in addition, apparently where my property is located, which is at the corner of Cherrywood and Wildwood, there's a huge drain. It's got so much weeds in it.

I'm amazed that anything drains there. Bottom line, I understand that a lot of things drain to that one particular drain. Concrete's broken, needs to be repaired. But when I called and spoke with somebody here and said, hey, when are you going to get all these weeds out of here? Because my lawn guy couldn't do anything about it.

It's too damn wet. And the person I spoke with, she said, I have no idea, which wasn't very helpful. So now I'm the homeowner here in Edgewater. And I'm just curious as to what you all plan to do to put in drains like you have over on the East Side Of Riverside yeah, Bridgewood, rather. So anybody can help me with that.

I'm happy to work with anybody to assist on why I'm spending money every month. And I have for fourteen years for stormwater drain. Now that I own property there, I'm curious. Why am I spending this money if no storm water is being drained? My next door neighbor, she's here with me because I can't drive right now. I fell and broke some parts. And she advises me her property were really flooded. My lot is pretty high.

So I'm wondering. Good good to see you. Thank you for coming here tonight. Sorry to hurry that you you fell.

The information you give me will be very helpful. Yes.

I believe that the city manager will be in contact. He already spoke to Ms. Wendy tonight. There are engineering plans that are being done. So we certainly will be in contact with the Wildwood neighborhood. If you could just state your address one more time not to speak to the manager, but perhaps he needs to write it down one more time. Okay. Thank you. What was your address one more time, miss?

Was your address. He wants you to state your address.

Your address, if you could just state it one more time.

403 Wildwood.

Okay. Great. Corner Of Cherrywood Wildwood. Thank you. We'll be in touch. Appreciate you. Good to see you.

Sorry.

Good

Good evening. I'm John Joaquin. I chair the Southeast Volusia Chamber Of Commerce's advocacy and economic development committee. And the address for that is at 115 Canal Street in New Smyrna Beach. And I wanted to highlight a few key reasons why selecting or permitting select sections of the Deering Park development is a strategic plan.

John, great to see you. I'm glad to sit on that board with you. But unfortunately, think that's on the agenda for a little bit later if

you Or if you comment further. I thought you said anything on the agenda?

Maybe made that the matter is before the council. Oh, Okay. Yeah. So when that comes forward Well, when I

now you're teased.

You'll Alright. Sounds good. Hey,

everybody.

Linda Mosier, 319 Leaning Oak Drive, president of the Majestic Oaks Phase one and two Homeowners Association. I know you're all tired of hearing from me, and I'm exhausted too. I've been before you a half dozen times this fall. And unless you have good news for me tonight, it now seems like a wasted effort. There have been dozens of emails, FOIA requests, phone calls, and private conversations, all expressing the growing concerns of Majestic Oaks homeowners.

In August, when the final vote to approve 1st Business Park was recorded, the majority of council members and the entirety of Majestic Oaks was unaware of the planned details to mow down half of the oak tree canopy and drive a single commercial entrance through the residential side street. Within twenty four hours of that vote, everyone was made aware. And counsel was asked to reconsider those minor details with some urgency. That was the time to act. Since then, yes, oak removals were reduced, but the single main entrance to 1st Business Park still intends to drive all commercial traffic through the residential side street of Oak Branch.

It's unsafe and unnecessary. The 2024 initial BPUD did include a front access from US1. Project engineers had designed separate ingress and egress in case of emergency. FDOT later drew out possible traffic patterns to manage access from US 1. But as it became more complicated and costly, it was decided to take the path of least resistance through Majestic Oaks.

We still don't agree, and we still ask only that the original master plan be followed. I'm here again to go on record with the strong objections to this plan by Majestic Oaks and its surrounding neighbors on all sides. I appreciate that city council has a difficult job in balancing the best overall results for the greater good against business and personal interests. I'm also aware that litigation now looms large at every turn. But I also don't think that you're powerless to act in the right.

Has every step of the city's approval process been followed properly? Maybe not with transparency, but every box has been checked. Is it legal to ignore the objections from property owners who will bear the long term risks here, apparently. It just doesn't make it right. And that's a shame. All of that aside, happy holidays. I do appreciate you. And I thank you

for all that you do.

Thank you for your comments and your concerns. They are appreciated and taken into account for.

My name's Karen Towns. I live at 11 Wildwood Drive. The back of my property about step against the canal and on the other side of the canal is the back end of Rotary Park. And the last hurricane we had, it came right up to the top. I've been there for forty five years in that house. And that's the first time in forty five years it came up right to the top. So something needs to be done about cleaning what everybody else is talking about. That's it. Thank you.

Thank you for your comments and concerns. They will be addressed. And I think that there will be a meeting that will occur. Okay, item seven, counsel reports. Councilman Thomas.

I'll pass at this time. This is a long meeting.

Councilwoman Galbo.

I also will pass at this

time. Councilman Rainberg.

Good evening, Edgewater. I'll try to be quick too. I I was fortunate enough to have a week's vacation with nothing to do and nowhere to go, so I got to do a little visitations around the city. First, Veterans Day, AMVET's supposed to put on a great event, as usual, saluting all those who served. Day after that, I toured our water plant.

And it's a pretty amazing process of getting water out of our aquifer to your faucet. The plant runs amazingly efficient. They're monitoring and sampling water every fifteen minutes. The water comes out from the ground to your tap through one building. And the whole process, I mean, Bob there has got quite a talent for the adjustments that need to be made to the water that comes out of our ground.

The next day after that, I toured our animal shelter with Roxanne. What they pull off in that little space that they have they have a couple add on buildings. I didn't realize there was 120 cats in there. And it was hard to go in there. One, like, picked me right away. It's hard to go in there. And I've had five cats, and I'm down to one. And I don't know if I can do it again. It was hard to walk out of there without taking an animal. But donations are pretty much a large part of how they run successfully, Not just cat food and dog food, but going in there again.

I said they have 120 cats. They go through 75 to 100 pounds of cat litter a day. And then you walk into their other side rooms, there's blankets, towels, a laundry facility. But they need help. Funds are limited for them for now.

And any help is greatly anybody can volunteer if you could take a look in all those cats in the eye as they're like, take me home. But laundry detergent and, hey, fabric softener or dryer sheets if you can because they deserve soft blankets, right? It was just great to see the care of all those people and they are put into our furry little friends. A rescue will love you forever. It's unconditional love.

Lock your spouse and your dog in the trunk. Come back two hours later. The one that's happy to see you, that's unconditional love. They'd be like, oh boy, oh boy, oh boy, you're back. The spouse, who knows?

Then we had a meeting with the Jones Edmond people that you just saw. And we went through the stormwater master plan and developed our questions ahead of time. Then I had a town hall at the library open to the public to just discuss the Deering Park development that's going being planned on the other side of 95, to be transparent, to hear concerns from the citizens, to try questions answered, to submit some questions to the staff for anything that we couldn't answer. And then we had just the other night, we had a pretty decent, efficiently run event over here at Hawks Park. Kids were running every kid was running around with a light up little lightsaber whip.

And Santa, Santa was a star. So that's all we got for this report.

Maybe you should have just got a dog the third time.

I guess so.

Yeah. Councilwoman Gillis.

Aren't you next? Because mine's going to be all right. So I'm probably going to take up the time that Mike yielded. All right. Bear with me.

So over the past month, I had the privilege of representing our community at a wide range of events, meetings, and outreach efforts. And I want to take a moment to share things that were happening across Edgewater and the greater Southeast Volusia region this past month well, since our November meeting. I attended our Volusia Flagler TPO meeting and executive committee meeting, and I've been working to gather donations for their annual toy drive, which supports DCF children in need. We recently celebrated the grand opening of our pickleball courts, and I want to thank Parks and Rec for their hard work as well as a major thank you to Sandy Camp and the grants department for securing funding that makes projects like this possible. I attended a Kiwanis Club meeting where the discussion was focused on promoting arts in the community.

I was honored to attend multiple Habitat for Humanity home dedications, including one right here in my district. And a mother of four now has a forever home, and her family was able to spend their very first Thanksgiving and Christmas together under this or will be spending Christmas together under that roof. And that's what community looks like. On Veterans Day, I met with several veterans and listened to their stories and began working with them on issues they're facing. I am going to eventually want to bring up again my continued desire for staff to have Veterans Day Off now, because I was told legally there was limitations that it couldn't just be veterans off.

So that's something that I had spoke to Joe about that we could talk about in the future, possibly just giving all of staff the day off. So that's something I want to talk about at a later date. I attended the Florida Inland Navigation District event, and I wanted to extend appreciation to Buddy Davenport for everything he's done to bring funding back to Edgewater, including support for our police boat improvements to local ramps. I watched a detailed presentation on Nearing Park, and I toured their property. One of the most inspiring events I attended was the Wilders Warriors blood drive.

Wilder had been battling T cell acute lymph oblastic leukemia. And after a year since his diagnosis, the community rallied behind him. They raised $5,000 for charity and collected 32 bags of blood. Before that event, we were told that 10 bags would have been considered a good day. And there was people who were had to leave because they didn't have time to wait over two hours to donate. The staff told us it was the largest community driven drive they'd ever seen. And that's what Edwater is all about. And if you would like to support Wilders Warriors in the future, you could email wilderswarriorsoutlook dot com. I attended the Friends of the Edgewater Library meeting, and they're already working on next year's scholarships. I attended our stormwater master plan briefing.

I met with several local small businesses where they discussed about how they could do more community involvement and support local families. That was Wilkes Pest Control, Blue Line Automotive, among others. I attended the Southeast Volusia Chamber annual meeting and their Crystal Apple Awards. They honored Kristi Silfkin from the high school. And then also, the mayor was able to give an award to Dustin's Barbecue for their contributions to the local community.

I attended Burnside Tech Literacy Night, and I had a joy of reading to children. Thank you to Ms. Tudine, who's also an Edgewater resident, for everything she's done for the kids. I attended the Volusia County Economic Development Quarterly Breakfast, where we received updates on countywide economic efforts at sorry, I got all this is just it's been a month. I attended the Margarita Society's fundraiser.

They collected 4,130 toys for children across Volusia County. I wanted to thank Sidney Reagan, who not only serves on their board, but she also runs Community for a Cause. Sidney and her family also put together many Thanksgiving baskets that I delivered to Edgewater residents in need, and she was also raising money for local flood victims and helping them access grants. I attended our special meeting about Lennar. I met with our city manager regarding several ongoing issues, and I also met with interim public works director Jeff Larracy at multiple resident homes.

And I cannot say enough good things about the work Mr. Laracy's been doing. There's things that there's things that I brought up in the last few years that I had conversations with Jeff about, and there's things moving forward, and that'll come at a later time. But I happy cried with good news that has been coming in recently. I attended the New Smyrna Beach Housing Authority's seventy fifth anniversary.

They highlighted the affordable housing they provide, including several units we have here in Edgewater. And thank you to Theresa Pope, another phenomenal Edgewater resident, for their commitment to the community. I attended the Light the Night with Eric Rainberg. I wanted to thank Andrea from the Parks and Rec staff for everything they did, putting everything together. I know Andrea's really stepped up as far as the events, and then Haley from the recreation board for serving hot cocoa all night.

Fire department was there. And they delivered Santa safely. And a big thank you to Santa Claus, who I believe is in the chamber this evening to keep track of who's naughty and nice. I want to close by thanking well, part of the things I want to close on is thanking all of the employees in general, the public works and parks and rec department. All the work they do every day often goes unseen, but it's not unnoticed.

I've received calls thanking people for storm water improvements, track picture, meter checks, and park maintenance. And then none of that would be possible without finance keeping us funded or IT keeping the systems running, all while police and fire keeping us safe. I've always said that I have hope for Edgewater, and I can honestly tell you I've seen more positive movement in these last six months than I have over the last several years. And I want to end on this note. I've had quite a few people call me and ask how they can do things to support me.

It's December. Hurricane season's over. And December and hurricane season being over are things to celebrate. But what I would like to ask for right now is kindness. So if you're looking for right ways to give back this season, Edgewater Police Department is collecting toys for their Holiday Heroes program. Ms. Pat's Food Pantry and Gifts of Love are always taking food donations. Edgewater Animal Shelter can always use more bleach and detergent, as Mr. Rainbird said cat litter and always food habitat for humanity is always accepting volunteers. And then strong4u.org, which is run by Rob Wilkie, continues to support local families.

His walk a day is going to be December 20 at Hawks Park, and they'll be giving out toys to kids that win them from the parade. And then Bona Fide Thrift Store is hosting their big toy giveaway on December 21, and they are still accepting donations. And I believe Santa will be there as well. So please spread love this Christmas season because the world needs more of that, and thank you.

I I gotta make a comment on miss Gilles, mister mayor. It's an old saying from one of my game warden buddies. She covers the ground like the dew. Good job, miss Gillis.

Thank you.

Alright. Well, we did several of those things together. I enjoyed going to Burnside Tech with miss Councilman Rainbird as well, reading to the kids. One of my favorite things was going to Indian River for a career day. And the very first question I asked about to the kids was, what year was the city of Edgewater incorporated? I said, I'll give you a gift card, not thinking that anybody knew. The second kid said, 1951. So, I had to give them a gift card after break, which ended today. I just want to start with two things, police donation. Like councilmember McGillis said, please donate to that.

Debbie, I think that you'll be really interested in this. I don't know if there's not much that the council could do. I just want to thank this publicly aware. There's a lady who is going around to every public restaurant just about in all of Volusia County, all of the state of Florida, and they're doing it all over the country. And they're suing for ADA compliance.

I urge everybody in this council chamber to look up Taco Shack's Facebook page. Please share that to make that aware. This lady should not be getting aware away with what she's getting away with. I've spoken to the Chamber of Commerce about potentially starting a committee to change the ADA regulation law, see what we could do about that. I just want to let the public know that this lady is going around.

What they're recommending is trespass her from your business, even if you haven't been affected by that, her name, all her information in the law firm that is stupid enough to sue for her. All their information is on there as well. You could do a bar complaint, but there's other ways other ways you could donate and how they're fighting this fight. But it's terrible what this individual is doing. I enjoyed going to the Blue Shield elected roundtable. I spoke about some flooding concerns and how we can bump that up to the next level. I think there's gonna be another committee formed. Looking forward to that. They spoke about Boatran there. I enjoyed supporting Habitat for Humanity at several events.

I met with our chairman, Jeff Brower, talked about several flooding concerns and how to help at several places. I'm very happy that we have our stormwater master plan back. I'm looking forward to that federal lobbyist. I think we'll make a great team there. I'm looking forward to going to DC several times like I already have.

I know you have a lot on your plate, but I was hoping that we could start something the beginning of the new year that had already been suggested during a team bonding exercise by Councilman Thomas. When we were team bonding, I think we agreed that we were going to start doing employee of the month for each department, potentially. And I think that we were going to also have the option for a council to openly go to each department as well and serve lunch. So I think that that was the suggestions we gave at that team bonding exercise. Maybe if we can start that at the beginning of the year. I know there's a lot on everybody's plates.

It has already been discussed by staff. We'll be implementing it. It's just there are a lot of things on the list to do.

I'm sure. Awesome. Appreciate it. That's all I have. I always enjoy being out in the community. I do want to thank Dustin's Barbecue. They donated a $20,000 food trailer to our city, our police department, so they could give food out there in times of need. I want to thank the Whitman family, great family. Everyone knows I keep their electric bill paid. Second thing I also want to say is I had a great time with Mr.

Mahoney and Mr. Geiger with several individuals on the state board of fine along with mister Davenport, who has been a tremendous asset in getting us several funding for our boat ramp facility halfway to Oak Hill right on the other side of Boston Way. We're designing engineering. We're moving forward. That project is gonna be a dredge area, so it's gonna be great for all of Southeast Volusia.

Almost all the coast of Florida can utilize it. We also spoke with Buddy Davenport about several other grand opportunities on the boat, and we thanked him for giving us this police boat. It's been a tremendous thing for the police department. So I want to give a huge kudos to Mr. Davenport that made us feel so welcome with all the fine board that came from all over the state of Florida.

So I want to thank Mr. Davenport for caring so much about the city of Edgewater. Item eight, consent agenda. All matters listed under the consent agenda are 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 the mayor will remove that item from the consent agenda, and such item will be considered separately. Is there a motion to approve the consent agenda? And I just want to speak on item 8D for the record AR 20 250505 request for the acceptance of a stormwater easement abutting the Wildwood subdivision. So we're working on the issue. We hear your concerns.

I move we accept the consent agenda.

Second.

Roll call.

Councilman Thomas? Yes. Councilwoman Dalbo?

Yes.

Councilman Rainbird?

Yes.

Mayor DePue? Yes. Councilwoman Gillis?

Yes. Item nine, public hearing ordinances and resolutions. Item nine a, first reading ordinance number twenty twenty five dash zero dash 14. Request for rezoning for Line Industrial 11 to mixed use plan unit development, m u p u d, for the property located at 2945 West Park Avenue. Please read into the record.

Ordinance number 2,025 dash o dash 14. An ordinance granted the change in zoning classification from city of Edgewater I one light industrial to city of Edgewater MUPUD mixed use plan unit development for 3.9 plus or minus acres of certain real property located at 2945 West Park Avenue. Parcel ID numbers, 734408000144 and 743100000128. Edgewater, Florida, amending the official zoning map of the city of Edgewater, providing for conflicting provisions, severability, and applicability provided for an effective date recording and adoption.

Thank you. Staff report.

Thank you, mister mayor. Brian Solstice, development services director. Before you tonight is a rezoning request of 3.88 acres of property located on the North Side of West Park Avenue. The purpose of the rezoning is to facilitate a mixed use project that aims to activate the St. Johns River To Sea Trail.

It's being proposed to be built across two phases. The first phase seeks to build a multipurpose exercise and coffee shop with enclosed pickleball courts. And the second phase has the option of adding additional commercial business space. There is a concept plan because this is a requested MPUD. City staff feel that based on the comprehensive plan workshops that we had back in February through June, that city staff are trying to actively encourage development along the trail system to activate it.

Although this area is primarily reserved for industrial development, the subject property is currently zoned for I1. Light industrial uses are not the nicest to be compatible next to a trail. Just for examples, I1 is kind of our nuisance zoning district. It also has a lot of employment opportunities manufacturing, warehousing, that sort of stuff. But it also is kind of our nuisance district, strip clubs, that sort of settings all go into the light industrial zoning district.

So staff feel that this rezoning will help feather that intensity of development. Obviously, Massey Road, it's mostly agricultural zoning, pretty rural. We just rezoned property to the north, brought it into the city, which will have a local farm next to that trail system. City staff are recommending approval of the rezoning, and we'll be happy answer any questions.

Thank you. Open to public hearing, citizens' comments.

And, mayor, just, I would want to point out this is a quasi judicial hearing. So if any of the council did have any ex parte communications with the applicant or anyone else regarding this matter, it should be disclosed at this time.

Thank you. I called a local owner in that area. There was, I think, a former property owner of it just to get her opinion, but not the developer itself. We talk quite regularly anyway. Okay. Moving forward, council comments.

No housing at all, right?

No. So a future phase does have short term rentals for people who actually do the full trail. But that's a phase It really is probably dependent on the success of phase one.

And to my understanding, is that like more of a bungalow style home or tiny home subdivision?

Tiny homes like really short term rental. It's really to activate again, activating the trail, taking examples from in Greenville, South Carolina and in The Ozarks in Arkansas. They are using these trails to really bring economic development, liveliness to a city. And the city has this amazing trail that runs all the way out down to Titusville. It runs out along the old railroad. It's also being extended through Deery Park north of 44. It's going to really encompass quite a bit. And so there's a lot of opportunity to do special planned areas along this trail to foster that environment.

I have a few questions and concerns. You know, that's it's great. I think that it could potentially be a great thing that, you know, industrial could could be built there tomorrow, and with less regulation, I think. I think that this could be a stable for the community. The location I have a concern with traffic. There's been several of the minor, seeing any fatalities there all throughout my lifetime as a whole, which industrial would be even more negatively affected there for traffic. But what does the traffic agreement look like? What kind of spaces are they looking like? Is there any overflow parking? There's a lot of excess green area in that area.

I'm just concerned with that. And then storm water standards, Massey Canal has been a huge concern that we've all heard about over and over again. Where does the water flow? Is it going to be held on-site? And what standard are they held to? But pickleball is a growing sport. I think that it's better than industrial. I think that our residents could utilize this space more than light industrial.

Sure. If I may answer some of those So traffic wise, did. One of the intents of this was to bring the buildings a little bit closer. And so what doing that typically does is that it slows people down. When the ride of way feels tighter, you tend to slow down. Not always. There are some drivers who just keep plowing through. But in general, most people, when it gets tighter, slow down. So part of that is helping calm that area. I believe Ms.

Forrester at the last hearing had indicated there is a corner cut. That was for the event if there is a future traffic light. We required from them that corner piece so that we could put basically those mast arms there. And so that was the purpose of that corner piece that we had acquired. The roadways are lined up with the existing recycling plant entrance.

And then there was a cut on Air Park Road, on that sliver of the north Side. The intent there was to get traffic away from the intersection, again, to help with traffic concerns. It will be a much lower traffic count than what it could have been on light industrial. As far as the storm water goes for the subject property, it is designed to our current code, the hundred year. Now that the storm water master plan is also projects in order to get a development order now have to get thrown into the model.

And so regardless if you are meeting the standard, if the model is showing there's a negative impact, you have to address it. And so that is really kind of the benefit now is that all the development is going get run for the model, and it's going to pinpoint where there's deficiencies.

Well, is great news, and I really hope the light does go there. There's been several close calls I've seen with my own two eyes, and it's just a negative intersection. But our trail system is something that should be utilized, already built out with the grand vision and plan to connect two counties. So I think that it's positive versus light industrial that could go there.

The other thing I'll say is that part of it, too, is that we're hoping that more people access it by trail. And so there's provisions in here that they have to provide x number of bicycles, parking spaces. And that's really to get people wanting to come here by trail, some form of multimodal transportation.

I've run out of quick question. It's an indoor pickle court coffee shop. And there's a 3,000 square foot I guess it's to the west of the building. Is that going be the exercise?

The exercise right now is envisioned to be in phase one. It's kind of like a yoga possibly studio or something of that nature. We left that opportunity to do either the short term cottage units depending on how well the trail system activation goes, or there's the opportunity to do a little bit more commercial there. City staff being in mind of the traffic, and we're trying to do this change to facilitate this. We wanted to make sure that the traffic does stay low. That's why there's a cap in there on the amount of commercial that could be built in the event that they decide to take that route in future years.

And I saw the way it was set up. So the building is towards the front of the road and the parking is behind it.

Correct.

I think it's great. Beside the bike trail, I can imagine people riding their bicycles from wherever. And instead of riding their car and parking, coming up from the bike trail, taking advantage of pickleball, which is very popular right now, getting a cup of coffee, hanging out, maybe do a little internet ing or whatever. But I think it'll be a great asset to the Edge City Of Edgewater in spite of or that of light industrial.

The other question I have is, Mayor Thomas said several times, this water can't go uphill. What's the elevation that they're planning to build? Would you happen to know that? It's Okay if you don't.

No, I don't have that right now. Typically, they'll go one foot above the rate of the road.

GREGORY The trail is about I mean, it's a high elevation. If I had to guess maybe eight feet above Air Park Road, I think Probably. So the water's going to go to Air Park and drain that way. So I think that that may be a positive on Massey Canal. It's going to filter before we get a thousand year storm, I think, before going right into the canal. So I think that that may be a positive as well, just for the record, because there is storm water concerns in that area. But I think that the trail's up higher than what this property will be, so it can stop a lot of that.

It also looked like it was a wet pond. And then along the wet pond behind the building is also a dry pond, so it has

Yeah. So typically, the dry pond's needed to help with that treatment, the dry to wet. And this one, too, because of the agriculture exemption, city staff made them do 100% native plantings beyond the shrubs on the front landscape buffer. So before, it was mostly pines that were planted there. And so now what we're getting is really a more natural environment. Yes, it is being constructed, and there is some built environment. But what is being planted back is not just slash funds. And so I think there's an advantage to that as well.

Yeah. I'm with you. I'm with you, Deb. Good point.

I mean, had a couple of comments. I'm going go back off to what was said at the stormwater master plan, increasing impervious area and the loss of surface storage. I just have concerns with pouring a bunch of concrete in that area right now. I know they've already cleared it, but I mean, you have all the residents from Wildwood coming in that are worried about issues they're having, and this is not too far from that. And then you've got the neighborhoods behind it that are having issues back with the Massie Canal over back on Edgewater Canal Road and all those stuff right there. I am just concerned with, I mean, the amount of concrete you're going be pouring for all those pickleball courts and parking and everything else. I just have a

lot of concerns for that. I'm with you there. But my only comment about that is that it I don't know. Somebody can correct me if I'm wrong here. I don't think that property ever hit the market. There was three or four people that came to me and approached me about it. You know, what is this going to be? What is this going to be? And they were terrified to death that industrial was going to go there. So I think that with this being something that the community can utilize, it could be sold tomorrow for industrial. I think that something could be built on there regardless. So, I share that concern. I've always shared that concern. I'm glad we have the stormwater master plan back, and I'm glad that every development will go through that model. That eases my mind a lot.

But, you know, if you don't I think that this is a positive that the communities can use. And it could be sold for industrial tomorrow, we could be dealing with a Majestic Oaks situation. I think that this could be a positive for the community. It could be utilized as something else, short term, with negative effects. At least this could be utilized for the community is the way I feel about it.

You feel go with the devil that you know.

Something is going to be built there, regardless. I mean, that is the largest industrial corridor in all of Volusia County Volusia County, not Edgewater. So we're the poster child there for industrial development. And I think right there, that corner with what's there and what can be utilized, I think this is a good option because you're going to have how many units with light industrial. The average resident is not going to be able to utilize this. I think that this is less concrete, and this could be a positive for the public, because something is going to be built there. And we're not talking about a major subdivision here. We're talking about, you know, a small phase, a small PUD.

Less than four acres.

Yeah, less than four acres. But something's going to be built there, and it could have a negative effect. At least we know what is there. We know that it's going to be something that the community could utilize. But to that degree, I share your concerns. I'm glad that this was put through the model. We may not have it. We're going to have it put through the model again if something does go there. But we may not have a good quality development there. I think that this is a positive for residents to utilize it.

I move to approve ordinance number twenty twenty five-zero-fourteen. Second.

Roll call.

Councilman Thomas?

Yes.

Councilwoman Dalbo? Yes. Councilman Rainberg?

Yes.

Mayor DePue? Yes. Councilwoman Gillis? No.

I don't nine b, first reading, orders number 2025Dash0Dash15 amend amending chapter 15, animal services of code of ordinances. Please read into the record.

Ordinance number two thousand twenty five dash o dash fifteen, an ordinance amending chapter five, animal services of the of ordinances, city of Edgewater, Florida provided for conflicting provision, severability, applicability provided for codification and effective date for adoption.

Thank you. Staff report.

Mayor and council, this is an ordinance amending chapter five animal services of the code of ordinances to eliminate the requirement for the city of Edgewater pet license due to alternative methods of animal identification and registration available through veterinarians and microchipping. This amendment also updates section five nineteen cruelty to animals prohibited to adopt state statute Section eight two eight point one two, related to cruelty to animals. Section five five, striking all language in regards to pet licensing. Section five nineteen, adding any language to adopt Florida state statute. Section eight two eight point one two, section five three one, removing all verbiage for license required and reserving the section 5.32, removing all verbiage for license tag.

Section will only contain information for breeder permit tag. Section five three three, removing all verbiage for license tag. Section will only contain information for rabies tag. Section five three four, removing all verbiage for license required and reserving the section. Technology has changed. Fees were for database of registered animals, but now we use chips when we need find strays consistent with other municipalities, and staff recommends approval.

Thank you. Open the public hearing, citizen's comments.

Chuck Mark, 205, Cherry Wood Lane. That last vote has to be revoted. You didn't give us citizens' comments.

Yes, sir. I did. Yes, sir. I did.

I

opened it to citizens' comments. No one got up, sir.

Yeah. He did.

With that note, is there any citizens' comments related to first reading ordinance twenty twenty five-fifteen? Okay. Council comments.

I want to I mean, I'm I know what's going on with the hold on. I know what's going on with the fees and whatnot. Could I have clarification on what they're changing the verbiage on as far as the animal cruelty? That was just kind of mentioned. When I asked about it at my agenda review, I was just told it had something to do with the fees as far as the tags and whatnot. So I just want a clarification on the other so people know what we're moving on.

Sure. It's just bringing the ordinance in alignment with Florida State's statute.

And what's the difference between that and what we currently have?

Mr. Wahersey or Mr. Geiger, can you Chaz Geiger, chief of police. Any misdemeanor is now considered a felony with that. And anything that was a third degree felony is a second degree felony. So it's just it's making it more strict.

Beautiful. I love it. Thank you.

Well, I mean, we have a great animal division. I think our officer, my mom said, if I don't have anything nice to say, don't say it at all, so I'm not. But I'm glad that we're changing these ordinances. I think it would be a positive. Boy, our animal our animal shelter is amazing. It's been complimented several times tonight. We're the only city in Volusia County that has one. And a lot of cities utilize us. Yes. Is there a motion to approve?

I make a motion

to approve the first reading, ordinance two zero two five dash o dash 15.

Second. Roll call.

Councilman Thomas? Yes. Councilwoman Dalbo? Yes. Councilman Rainbird?

Yes.

Mayor DePue? Yes. Councilwoman Gillis?

Yes. Under nine c, first reading ordinance number twenty twenty five dash zero dash 16. Request for approval of a rezoning for B 3 Highway Commercial to r four single family residential for partial ID numbers. 840244Slash00Slash0011 and 8402.

Yeah. May I switch nine d with nine

c? Alright.

Eight d. First reading order, December '17, request to amend the comprehensive plan future land use element for two parcels located on the East Side of Bridgewood Avenue North, a Pelican Drive for commercial to medium density residential. Partial ID is 84020Slash44Slash00Slash0011 and 8402Slash00Slash00Slash0200. Please read into the record.

Ordinance number 2025DashO dash 17. In order to the city of Edgewater amending the comprehensive plan as amended by amending the official future land use map from commercial to medium density residential for point five eight plus or minus acres of certain real property, generally located along three Pelican Drive. Parcel ID number is 840244000011 and 840200000200. Edgewater, Florida provided for public hearings, findings of consistency, provided for conflicting provisions of severability and applicability and providing an effective date.

Thank you. Staff report.

Thank you. The applicant had this property is currently has a commercial future land use designation. The applicant had gone through the site plan process and got a site plan approved. The applicant has decided to now change the property to medium density residential. City staff are in support of this land use change as the adjacent neighborhood to the east also has medium density residential.

This application has concurrent rezoning from B3 Highway commercial to R4, single family residential. The intended use is for a single family home on a 0.57 acre site. City staff are willing to answer any questions by the council.

Thank you. Open to public hearing, citizens' comments. Council comments. I'm not in favor of losing any kind of commercial amongst US1 or near that area. I think that the residential homes are what we have a large concern with. I think that we need to keep our commercial front as much as we possibly can. I'm not in favor of rezoning.

I was concerned with that as well. It has a business as the Newman's in front, and then it has AA Armstrong beside it and the strip mall to the south. So there's a lot of business in that area. So I was concerned as well about losing a commercial property for residential.

Who wouldn't want to live there? I wouldn't buy a house there. I'd have to see I'd go behind there, but like right across in the middle of all these businesses, upselling.

We just we have a lot of great businesses surrounding that. And I think that if we could keep the original quarter, like I think you're stating, I think that that's a positive. I don't support it. Just is there any kind of counsel comments or guidance or someone would like to make a motion? Or do we need to make a motion to fail?

Yes, either a motion to approve or deny.

Okay. I'm going to pass the gavel at this time. And I make a motion that we deny ordinance, I believe it's nine. Correct me if I'm wrong. I think it's 9D, First Reading Ordinance Number twenty twenty five-seventeen. Second. Seconded by either mister Thomas or miss Dahlbo. They were at the same time. Roll call.

Councilman Thomas?

Yes.

Councilwoman Dahlbo? Yes. Councilman Rainbird?

Yes.

Mayor DePue? Yes. Councilwoman Gillis? Yes.

So then, therefore, the one in front of this still has to be red or it has failed?

It's failed. Right. It's moved now. Great.

Thank you. Just wanted to make sure for the record. Okay. Now you could come up. Item 9E, first reading orders number 2025Dash0Dash18, an ordinance amending chapter 11, business tax receipt and business regulation. Of code of ordinances to reduce the business tax receipts fees to no cost. Please read into the record.

Ordinance number number 2025DashODash 18 in ordinance amending chapter 11 business tax receipts and business regulations of the code of ordinance to city of Edgewater, Florida, providing for conflicting provisions, severability, and applicability provided for codification and effective date and for adoption.

Thank you. Staff report.

Mayor, council, the proposed ordinance amendment eliminates all costs associated with obtaining a business tax receipt from the city of Edgewater, effectively reducing the fee to $0 This charge is intended to support a more business friendly environment, further than financial barriers from new and existing businesses while maintaining essential oversight, processes that protect public safety, fire codes, and building codes, and community standards zoning. Staff recommends approval.

Thank you. We're going open up the public hearing. Citizens comments.

Mr. Mayor, if I could add also, this would go into effect 10/01/2026.

So we're talking we're talking and discussing for next year, but you just go ahead and want guidance for the budget the following year?

Correct. Currently, we already we already had 70707077% of businesses renew.

Great.

This is going to affect on 10/01/2026.

I think that the balance that we collect sorry, mister Scott. But I think it's around $70,000 a year. Roughly. Thank you. Okay. Open back up for citizens' comments.

Mister Mayor, thank you very much. Councilman Gillis, I'd just like to say that several of your comments involved realtor members

I'm sorry. Can you please state your name and address?

Sorry. Scott Stager. 725 West Canal Street.

Thank you.

Also the incoming president of the Board of Realtors. And several of the comments that you made were realtor members. So very glad to see that many of our people are doing good things out there. I rise today in support of ordinance twenty twenty five-zero-eighteen. I think that you guys are on the right track towards bringing businesses back to the city of Edgewater. As an incoming president of the Board of Realtors, we are very much in favor. We sent a letter to that effect to the council as well. I just want to say thank you very much for considering this. And I think it's going to go a long way towards bringing businesses back into Edgewater. Thank you for your time.

Well, thank you, sir, for your comments and being here. We appreciate all you do for all of Southeast Volusia.

Just confused. Sorry. I need to ask a question or two. I'm a small business owner.

Could you state your name

and address?

I'm sorry. I'm DeMosier.

319 Leaning Oak Drive. So again, just a little confused. I'm a small business owner. I pay this I'm one of those renewers, and I I don't it's not it's not breaking me. So I'm I'm curious what the actual effect of that would be other than just blowing a $70,000 hole in your budget. That's just my opinion as a small business owner. I don't have a problem with that business tax receipt in order to do business in Edgewater. Glad to do it.

And thank you for your comment and suggestion. Okay. I'll go first. We're on the council comments. Okay. The county has done this. It has been very beneficial to small business owners. Yes, it may not break you. But, you know, you're still going have to get a receipt. But it's a nuisance. And it's such a low amount. You know, we have been deemed un business friendly. I'm sorry. We've been deemed un small business friendly, unfortunately. And we're trying to come out of that.

We've done a lot of things. Just everybody on this council is small business friendly. We've done a lot of actions, and I think that this is one of them. I also want to speak in support. The Southeast Volusia Chamber Of Commerce wrote a letter in support to this action, that we have the board's full support to eliminate this. It's a step in the right direction for small businesses is how I feel. I think that it's not going to make or break it. But other municipalities have done this. They've done very well at it. It's $70,000 Yes, it sounds like a lot of money, but it's not going to make or break us, as the resident already stated.

So I think that it's a step to be small business friendly. And a lot of small business owners in the community have come with support. And I won't go into action until next year for anybody listening, so you still have to get a business tax receipt this year, which should have already been renewed. Comments or questions?

I received other calls of support for the same measure. I'm sure you got the same one that you got from the chamber. And other small businesses had reached out and thanked us for considering it. So I think it's a positive move forward.

And we're still keeping the certificate of use, correct?

Yes. We're keeping the business tax receipt as well.

It's zero

It's just no fee. A common term that we don't we want someone calling the city saying, hey, do we need a BTR? And then we say no and they they don't get a certificate of use. And they open a business and invest capital in that project and then they're in the wrong zoning or they don't have the right life safety things for that business that's operating.

I think there's a lot that we can educate our small businesses on, post on our Facebook when we get closer to VTR in the meantime. Good point, though. Okay. Is there a motion to approve?

I make a motion to approve first reading ordinance number twenty twenty five-zero-eighteen, amending Chapter XI, business tax receipts and business regulations, regulations of the court of ordinance to reduce the business tax receipt fees to zero cost.

Is there a second? Second. Roll call.

Councilman Thomas?

Yes.

Councilwoman Dalbo? Yes. Councilman Rainbird?

Yes.

Mayor DeFue? Yes. Councilwoman Gillis? Yes.

Nine f resolution number 2025RDash35 request to not exempt properties from ad valorem taxation under Live Local Act. Please read into the record.

Resolution number 2025DashRDash35, a resolution of the city of Edgewater, Florida pursuant to section one ninety six point one nine seven eight three o, Florida statutes based upon the 2024 Center for Housing Studies annual report it likely not to to nonexempt certain properties from ad valorem taxation under the Live Local Act property tax exemption, filed for severability and and expiration and provided for an effective date.

Staff report.

Thank you, mister mayor. As the title reads, this is to nonexempt properties under the Live Local Act from the ad floor tax abatement. Staff is recommending approval.

GREGORY Thank you. We're going to open to citizens' comments.

Good evening. Ashton Musgrove with the New Smyrna Beach Board of Realtors, 725 Canal Street, New Smyrna Beach, 32168. I just wanted to bring some attention to this specific report. I know whenever you're looking at this to either opt in or not, you're looking at the surplus of units with the AMI zero to 120% AMI. The affordable housing crisis in Volusia County is real.

We're seeing it every day. So any type of relief that we can give to incentivize programs of affordable housing, the Association of Realtors does support. So I just wanted to give you all a little bit of background information when I dip a deep dive into the report. You can see that households earning below 80% AMI are teachers, restaurant workers, medical assistants, and service employees are still at a very significant deficit. And some of those range from a deficit of 10,000 units, or 12,000 units, or 13,000 units.

So even though we are seeing an increase in availability of units in that 120% AMI, it's still not fully covering what we would love to see in Volusia County and specifically in Edgewater to have that affordability and availability. So I just wanted to bring that to light. I understand the option to opt out is given to us by the state law and state statute, but we would really consider you all not opting out and allowing these tax incentives for people to have that affordable affordable housing. Housing. Thank you so much.

Thank you for your comments and suggestions. Council comments. Is there a motion to approve?

Make a motion to approve resolution number 2025DashRDash35. Second.

Roll call.

Councilman Thomas? Yes. Councilwoman Dalbo? Yes. Councilman Rainberg? Yes. Meredith Hue? Yes. Councilwoman Gillis? Yes.

The nine g resolution number twenty twenty five r dash 35 December amended budget for fiscal year 2025 to 2026. Please read into the record.

Resolution 2,025 dash r dash 38, a resolution of the city council of Edgewater, Florida adopting budget adjustments to the 02/2026 fiscal year budgets and providing an effective date.

Thank you. Staff report.

Good evening, mayor and council. Bridget Bassier, finance director for the city of Edgewater. Before you this evening is resolution twenty twenty five r dash 38, the December budget amendment for fiscal year 2526. This is amended as in detail for exhibit A that was attached, as well as all of the extra detail also included in the attachments this evening. The majority of this budget resolution is the open purchase orders and projects that had not been completed as of fiscal year ending '5.

So those budgets would be re encumbered for fiscal year 'twenty six. The budget amendment in total is in Exhibit A with the additional detail for a total of $96,536,406 In addition to

the

open purchase orders and projects, we are setting aside an additional $1,000,000 in ARPA funding for potential appropriations at the state level. The need for VAC truck was reevaluated by the management team. Would like to move forward with purchasing an additional VAC truck, which is included in this amendment before you. A police vehicle was damaged in an accident and needs to be replaced prior to receiving the insurance proceeds. The Menard May Park Pier replacement project was approved at the November meeting.

And this just appropriates fund balance in order to proceed with that project. We are hoping that that project will be covered by FEMA funding, but we'll be using reserves until such a time as we are definitively getting FEMA funds. Phase one of Parktown development project required a change order of 230,000 partially funded by impact fees and the remainder from ARPA funds. The fire station 57 mitigation project required an additional 9,500, of which we have HLMP grant funding. CAT at the fire station had applied for that original grant to the tune of $230,000 and was able to request an additional $9,500 So in the first, attachment, it was showing $9,500 of use of fund balance.

And at this point, we are looking to use grant funding to cover that cost. Motion to approve resolution twenty twenty five, R-thirty eight, herein referred to as December amended budget five-twenty six. Thank you. I'll be happy to answer any questions.

Thank you. I just want to say appreciate all your hard work. You're an amazing asset to the city. Appropriation is only going to be spent if we receive it correct and the back truck is highly needed. Thank you, Any other comments?

And in understandable English. Thank you.

Yes, sir. I'm getting better every

time I

speak accounting most days. Is

there a motion to approve?

GREGORY DELL: Oh, wait. I did have comments. Sorry. No, I just again, I wanted this is where I was talking about how I was so happy with when the last time I talked to Larracy, and he said that they were going to be moving for that back truck. And I literally cried. I mean, that is something that I brought up plenty of times that I was very passionate about, about buying one and not renting one. And he's like, oh, we reassessed this. We're going be moving forward with this. And there was happy tears. And I am just expressing appreciation again publicly.

I'm very thankful. I think that's something we've been needing. And that was I mean, like we've said before, that if the one is down, or the one that we have always gets sent to sewer end. So even now, I think the one that we were renting was getting sent when there was other sewer issues still going on. I think we just need a second one, and I'm just very happy.

And that is it. Thank you. Citizens comments. Is there a motion to approve?

Make a motion to approve resolution number 2025DashRDash38December amended budget for fiscal year twenty twenty five, twenty twenty six.

Second. Roll call.

Councilman Thomas?

Yes.

Councilwoman Dalbo? Yes. Councilman Rainberg?

Yes.

Mayor DePue? Yes. Councilwoman Gillis?

Yes. Item nine h, resolution number 2025 dash r Dash39, request to support the widening of Old Mission Road. Please read into the record.

Resolution number 2025DashRDash39, a resolution of the city of Edgewater, Florida designated the approval for the old mission improvements authorizing recording and repealing resolutions of conflict herewith providing for severability and applicability and establishing an effective date.

Thank you. Staff report.

Thank you. At the 10/01/2025 economic development board meeting, the board was discussing road improvements in relation to economic growth. During the discussion about the commercial space industrial opportunity overlay, a discussion occurred about the real need now to widen Old Mission Road. The Economic Development Board sent a unanimous recommendation to the city council to support the widening of Old Mission Road through the county. The city of New Smyrna Beach has also passed a similar resolution.

Thank you. Citizens comments. Okay, counsel comments. My biggest thing is the congested traffic area that's been developed along there How about storm water? How is this going to help? Storm water in that area. And I believe, just for the record, that the vote in New Smyrna Beach was unanimous to support this widening of our neighboring town. We kind of share the road. Does anybody have that answer?

Well, there's no design of the widening. But of course, that'd be taken into account, the storm water effects and reducing any ill effects from the widening. But it's a very infantile stage. It's just supporting it for future growth and interconnectivity between '44 and '42.

So this is basically just saying that we know that there's a traffic congestion potential already there, but do we support winding up? It's not in engineering phases yet.

Correct. No, this is just support.

Okay. We're not first.

Are you there for that?

It doesn't matter. I can open it to the council comments or citizens comments first. Which would you like?

Citizens comments.

Okay. Well, I'll open it to citizens comments. Okay. Now to Councilor Collins. Sorry.

Well, when I first moved here in 1972, it was a dirt road. And I remember I liked it, but because you could ride down the road and see the deer tracks and stuff. So we're we're we're making adjustments upward.

I can't believe that nobody's fallen in one of those retention ponds. Some of those are deep enough that when they're full with water, a whole car could fall down in there. Maybe that'll get covered up with There's the

several that have. Yeah. There's been several cars.

As long as they improve that curve north of what's the trailer park?

Eldorado?

Yeah. Maybe that'll get paved over, and there'll be no more drainage ditches. And they'll actually be under

Road Your To Of Esslinger?

And to ride a bicycle on that road is I would never do. It's so scary.

I can only imagine. Have

concerns with the fact that we don't see a plan. Like, would they be trying to take property from people? Like, are the when they say they want to widen it, how are they going to do it? I mean, some of those areas are short. So what are they going to try to do to move forward with that? Gives me pause.

I think the impetus behind this was I think the real motivation behind it was that the interchange is being built in New Smyrna Beach right now. And I think the board felt in both cities that Old Mission desperately needs improvements. The county has obtained on the north part the right of way. You can see as you're kind of driving by the newer subdivisions there, the new townhomes on your left and on the right Oakley Preserve. On that west hand side, they've acquired that right of way. You can see all that cleared area. And that's where the counties already owned or purchased right of way.

Some part of it, but not all of it, correct? They

don't From Park all North, they've done the acquisition. So I think that's part of the impetus of let's get some funding to get this moving.

Is that going to move the water? It's right now you bought up Oak Lake Preserve. Is that gonna improve the water flow? Hopefully, that I guess that's gonna be they don't have our model. You know what I mean? They don't have they can't plug it in and tell us what's gonna happen.

Yeah. Any any design that the does, they typically will send to city staff. And so part of that review will be, you know, city can extend that offer to say, hey. You wanna throw this in our model.

Because if that needs help, this would be a good time to do it. They might be able to really help that Oakleaf Preserve area. Put that on the put that on a Post it note for them. You know?

Another North route roadway. What you're gonna have Williamson on the East I mean, the West, and then Mission on the right on on the East.

I think there's already a lot of right of way which has been discussed, But I think this is about making it safer. But I'm with you that I have a concern that the plan is not present. But I think that this is just to start getting support for designing and engineering. And ultimately, I hate to say it, but I don't think we have a say in it.

Right.

I think that it's a county road anyway. Am I wrong, Mr. Manager and Mr. Solsys?

You're correct. You know, part of it is the million square foot of industrial that's going in Parktown as well.

So you just want our

Those trucks are going to want to

utilize It's the a very dangerous road. I know about three or four cars that have gone right into that ditch. This is talked about it tonight.

But if the county comes in and they do it and they, for lack of a better term, mess something up and it makes something worse, like the storm water or anything else, it isn't going to come back on us as well as Edgewater move forward to

support it. GREGORY Sorry to interrupt. I make a motion to support, you know, the expansion of Old Mission Road responsibly.

I would have had a second to finish my thoughts, I would have stated that, you know, I support the safety concern of this road. But ultimately, we don't have necessarily a funding say in this if the county council says, this is what we're going to do. This is what we're going to do. But as Mr. Mahoney stated, is there a way to not necessarily table this, give support, but say, we want to be present in the planning, and we want to be present of the changes going on? I know it's at a county level, but how can we be brought to the table if they want us to support a plan that doesn't exist?

Of course. And that's what the motion could say, that you support the expansion or the widening of Old Mission Road.

I think it was nice of them to ask for, you know, our support to see where we stand.

To tell you truth. Ultimately, like I said, it's not our road. Right. But I appreciate exactly what you're saying that they they asked. So how can we how mister Wolfe, how would you consider we make this much? Because I wanna be part of the you know, what we're supporting and what plan we're going to see.

Bring it

back Do I to support the the expansion? Yes. But I I support the a safety expansion more than anything.

I could rewrite the resolution, and we could have have it heard at the next meeting.

Okay. So let's make a motion to table?

Yes.

Okay. I'm gonna pass the gavel and make a motion that we table item nine h, resolution twenty twenty five, r 39, request to support the widening of Old Mission Road to the next council meeting. The yes, Mr. Solsys. Sorry.

All right. I apologize. Can I just get the intent one time? It's for public health and safety on the redraft of the motion on the resolution.

Stormwater I think so. And stormwater support, what do you guys think? Everyone comfortable with that? And Yeah. Is there a time date that we have to show

No. It's just general just this is what you know, we'd like to be a part of this

and Okay. Great.

Get started.

So staff level is comfortable with tabling. Sorry. Didn't mean to

No. No.

I'll make a mote I pass the gavel, and I'll make a motion that we table item nine h resolution number twenty twenty five DashRDash39 request to support the widening of Old Mission Road to the next council meeting, which is the date as follow of January at 6PM. Second. Seconded by Ms. Dabo. Roll call to table.

Councilman Yes. Councilwoman Dobo? Yes. Councilman Rainbird?

Yes.

Mayor DePue?

Yes.

Councilwoman Gillis?

Yes.

Good point. Absolutely good point to that. Item 10, board appointments. None at this time. Item 11A, other business. SD2401, request for a preliminary plat and construction plan approval for Deering Park Center active adult single family phase one a located South Of Indian River Boulevard within the Deering Park Center. Please read into the record staff report.

Thank you, mister mayor. Before you tonight is four preliminary plots and the associated construction plans, within Geary Park Center. Before you right now, S T 2401 is for phase one a of the active adult community, which is located South Of Indian River Boulevard. The area is a 157.431 acres, and the proposed use is 273 active adult homes. The application was first submitted on 07/23/2024.

Subsequent reviews have taken place by the technical review committee and has reviewed the preliminary plat construction plans against the comprehensive plan, the land development code, and the second amended and restated Derry Park Center mixed use plan unit development agreement recorded at book eight five three two, page four eight three two. The contracted city survey has also reviewed the preliminary plat as well as Zev Cohen and Associates, our third party engineer on this project. The second amended and restated during Park Center mixed use plan unit development agreement. If you recall in 2023, we did a minor PUD amendment to the PUD that allowed for the 55 community. Part of that was lot with restrictions.

So city staff had the developer provide a color coded map as well as an Excel table demonstrating compliance with the lot sizes, which can be found on page three of the staff report. The minimum lot sizes have been met. The applicant is providing, a 138 feet of lot depth on this specific product type. The MUPD also prescribes significant standards that have to be hit. I'm just gonna touch on a few.

One of them is that it has to meet a minimum 50 foot right of way. In this case, they're providing both a 50 foot and a 64 foot right of way within this section, which can be seen on page five of the staff report. The MP, the agreement for Deering Park Center has to adhere to the city of Edgewater's LDC, land development code. As you saw from the stormwater master plan, the development is exceeding the basic minimum requirements significantly. City staff also required compensating storage to be part of this development since parts of the property are encumbered by the one hundred year flood.

That compensating storage analysis was provided on page nine, ten, and 11, I believe 12 of the staff report demonstrating that compensating storage on a cup for cup basis is being provided. City staff also had the developer provide a typical lot tree placement to ensure that the number of trees, whether they be street trees or on the lot themselves, would be adhered and then what that would look like on the lot to make sure that right place and, for those trees, considering some trees like magnolias get really large and they're not always the best to place three feet from a driveway, which is typical in a lot of our standard lots. There's also the tree protection requirements. So the city staff had the applicant provide an arborist report, and the city staff have found that it meets the requirements of the city's land development code. And lastly, because this is a 55 plus community, the Deering Park Center was certified by the school district.

This one is exempt since it is not for younger adults. And with that, city staff is recommending approval for SD 24.01.

Yes. And mayor and council, items, agenda 11 a, b, c, and d relating to Deering Park are all quasi judicial hearings. So if any of the council have had ex parte communications with the applicant or anyone else regarding these agenda items, now would be a good time to state those.

Mr. Storage and I talk probably once every other month, twice a month sometimes. I brought several concerns to him. And one of my major concerns was I don't want to do anything until the water master plan is back. I don't even want this prop before counsel. He was able to get that done. I still think we need to digest the storm water master plan. It was a handful. But he agreed to do that. We communicated probably about a month ago.

And he did call me today. And we've had utility talks before it was on the last agenda and after. And I think we have a meeting December 10 to discuss utility agreements, because one of the major concerns that I've said always is, I don't think it makes sense to send our water from here to west back to here. I've said that publicly 100 times. So I think we're going to be discussing that. But I've talked to Glenn Storich probably twice a month. That's always been my communication. And I see Mr. Cox out in the community all the time. I can't put a count of how many times I've seen Mr. Cox at public events.

And then I had a town hall where I allowed the public to come in and ask questions. And I met with Bobby Lee, where he provided me four of their big maps on their site plan. And that's the only contact I've had recently.

So I've got the same presentation, I believe, we all got. And I did a tour of the property as well. George called me today. I mean, as you said, I run into everybody at all sorts of different events. And if we're talking both sides, I've had plenty of residents reach out to me for and against, it's a little bit of everything.

I had communication with Mr. Storz today. We talked about my health and we talked about his health and we talked about I'm gonna, I gotta do the surprise. He's getting a surprise of the night for presenting that they're going to build us a school out there. Sorry Mr. Shortz, but I know that was your surprise, I think is fantastic. It's going to be what, one through eight, you said, grade wise. Okay. I'll let you do the rest.

Presentation, proclamations, are there a presentation at this time? If

it's all right, we'd like to do one presentation for all four Platts, since the Platts are basically, they're not the same Platts, of course, but they all have the same recommendation of approval. They've all been approved, recommended for approval by the planning board. They have gone through the same rigorous amounts of study. I mean, literally almost two years of review to get us to this point just to get the Platts done. This is not a zoning. It's not a comp plan amendment. This is the Platts. So when I look at the Platts, we look at the law. And as you know, the key for the law is you, the city of Edgewater, creates the law. You've passed the laws, including the PUD.

Everything in that PUD is a law. The Land Development Code, all those are laws. The comp plan that you've passed, that's part of what must be met. And then you enforce those laws. So the way we do that is the fact that we make our submittals to you, the Platts, and say, did we follow the law?

Did we follow your ordinances and requirements at the zoning ordinances that you passed? And so that's the three things. You have to basically show whether or not we have met all three criteria, whether or not we have met the Edgewater Conference Of Plan that were consistent with that, whether we have met the zoning on this case. In this case, this is the Durham Park Center in PUD. And whether or not we have met and have been consistent with all of your land development code.

And so what happens there is you have evidence of that. And in this particular case, the staff has provided you with 77 pages of evidence that we have met every single requirement, every single ordinance, every single piece of the law in this particular case. That's why you have a staff recommendation, because he's gone through and reviewed the comp plan, zoning, and the land development code to make sure that these flats, in fact, meet those requirements. And so as a result of this, we've also done some things. We have thanks, So we knew we'll eventually get to the flat Because it meant again, remember, the whole concept of this project, Dearing Park, is to get you to the point where you're going to be having the tax revenues and the impact fees and all the benefits of Dearing Park.

And so we have invested quite a bit of money in getting to that point, in getting to the point where once we have these plats approved and once we could then sell the lots after the plots are approved, all the plots are approved, then you actually start getting your tax revenues and your impact fees that you're looking for. So in reliance upon following the law, everything we've done, we've already placed 4,000 acres in perpetual conservation easements with Edgewater. We've designed and constructed the extension of Indian River Boulevard. I don't know if you've seen that, but that's already been partially constructed. We're working on the second we're already working on the first segment of Williamson Boulevard that will connect Edgewater North to the rest of Volusia County.

We're working on the drainage improvements for the 442 Interchange. I think someone mentioned that before. The idea is you want to make sure that in the future, the area underneath the 442 Interchange does not flood. Well, we're helping to do that because we're working together with DOT to prevent that in the future. And we're providing and donating land to allow that to happen.

We've constructed approximately 400 acres of interconnected lakes and stormwater systems. As I've indicated, this is already under construction because the stormwater plans, the stormwater permits, have already been approved. They've been under construction for almost a year because those permits were already approved until we've met those criteria for stormwater. We've also designed and constructed of work sort of constructed the welcome center. We designed permitting to construct at the Edgewater Wetland Park, which is now one permit away from getting started.

That's all we're looking for, is one final permit that allows us start that. And we're designing and constructing the seven mile Sun Trail bicycle trail through the Florida Wildlife Corridor. All those things, like I say, are reliant upon making certain that everyone follows the law in this case. What's next? Me. You. So this is Ernie Cox, and he's going to be following up on some of the other things.

Well, good to be back, Mr. Mayor, council members, again, to be with you. Looking forward to this. So the the first thing we started with, and and this is review, is the 46,000 acres of conservation, which includes the 4,000 acres within the city of city of Edgewater. And that's one of the first and foremost low impact development techniques is to preserve as much land as you possibly can. This land will never be developed. It's got permanent easements. They're recorded. A number of those easements are also in favor of Florida Audubon in addition to the governmental entities, Saint John's River Water Management District. They're also being managed.

For those that have had an opportunity to to ride around the property with Robbie Lee, you can see how he manages the land. Big pieces of property take a lot of work. You can't leave it alone. It's gonna weeds are gonna grow and exotics are gonna come in. Importantly, on this slide, you see the bright green, which is the Florida wildlife corridor outside of our property.

And then the dark green are the areas that are already in conservation within that Florida wildlife corridor. These are the existing approvals. We're here today on Deering Park Center, but these are the approved PUDs. And each of these PUDs have very detailed requirements for everything from storm water to native plants to transportation to the type of homes and and how we're gonna do it. But together, it's called Deering Park.

We're starting in Edgewater. I'm very excited tonight to be with you in Deering Park Center. A little bit about funding and probably good timing. The Deering Park Stewardship District, which is a special unit of government that's been created, the $7,100,000 DEP grant. We're very, very thankful to DEP for making those funds available.

That project permit missing, we're waiting on is the final ERP. We anticipate starting construction on the wetland park in January. Very excited to get that done. We also received a 1,500,000 water quality grant from DEP for a Turnbull Hammock water quality project, which is going through its design right now, then it'll go through permitting. Benefit of the pilot is that we can prove the ability to remove phosphorus and nitrogen.

Through the pilot, we anticipate it being able to be expanded, which will improve water quality in the Indian River Lagoon and help the city meet its b map goals. Transportation, the legislature last year appropriated $1,400,000 for the widening of State Road 442 underneath the interchange. That also includes the storm water underneath the interchange. We just finished working through the details with DOT on that agreement, and anticipate being able to start construction 2026. I'll I'll show you a few more slides on the interchange.

This is just what's been received so far. A million dollars from FDOT for the expansion of the Sun Trail, that is for design. We do have a grant request pending to DOT for construction. Their response to us is once the design is done, we will consider construction. So we're excited about that. And so far, we've we've committed $3,000,000 to, the design and engineering of those those interchange improvements. I will say we we're continuing to request grant money, from the state under the various different programs that are available, Resilient Florida, Governor's and

we're

working the the

helping as we can with the implementation Florida, of the

state stormwater state master plan. The wetland park, a little bit more detail for those that that aren't familiar with it. It will take the existing reclaimed water that is being discharged into the Indian River Lagoon, take it west five miles, put it into a wetland park very similar to the Orlando Wetland Park, project that I, another project I did in Pasco County, the Forgee Ranch, and then also Sweetwater in Gainesville. So it'll not only be taking that reclaimed water out of the lagoon, improving water quality, but it'll also create a great park. The Sun Trail bicycle network we mentioned, currently 23 miles of that go through other parts of our property.

The seven mile segment has three pieces over on the right. First is underneath the interchange. The second is through the city of Edgewater. Interestingly enough, we've been able to design the trail segment to go through the wetland park. So it'll be a really nice bike ride with wetlands created on both sides.

There'll a lot of bird life out there, and we'll have places to stop and rest and and observe it. And then phase three of that project will be up through the city of New Smyrna Beach following the Williamson Boulevard right of way, which has already been dedicated to the county. I 95, we talked about that. The the first three projects under that, the first is widening, and you can see kind of in the middle let me see if I can push a button. In the middle, you can see the widening.

That's project number one, which is funded and underway. Project number two is the drainage within the DOT right of way, and that we're requesting commitment from the state for funding. And then the third is taking that storm water. Currently, there's no storm water ponds for that interchange. It was built before they were required.

And so working with the Department of Transportation, with the city's engineering staff, we've actually designed a stormwater pond that will take all that interchange water. So looking forward to getting that one under underway again, hoping 2026, have those improvements done by the 2027. Stormwater, obviously, we spent a lot of time in stormwater, so this is just the outline of the the connected lake system. 400 acres, there's an extra 20% of volume, and it meets the from water quality perspective, the outstanding Florida water criteria even though we're not discharging into an outstanding Florida water. It reduces the the runoff.

So currently, water's coming from our property underneath the culverts under 95. That'll be reduced by 24% after the project. So we're doing our part to bring it over. And as we discussed a little bit earlier, in addition to additional storage on the property and to reducing the discharges off of the property, we're also in extremely high events. We've got essentially pop offs over the top of weirs that will allow that water to go into Crane Swamp and ultimately make its way down into the St.

Johns River. Swamps are a really good place to put excess water, particularly at low elevation. The the the Mhmm. The release. This is the new.

This is the surprise, and we've been working on this for a while. We are going to be submitting an application to the Volusia County School District in January to create the Deering Park k through eight charter school. It will be a public charter school. It will will focus on science, technology, engineering, math, and the arts, And it'll be based on project based learning, very similar to a school you may have read about in Babcock Ranch. We've got the same team of professionals working with us to create the school.

And this is just a quick outline of what it's gonna look like. So the school will will be designed for up to 1,200 students. We'll start with k through two in year one, and we'll start with a sixth grade in year one. And we anticipate having the school constructed and ready for operation pending, of course, approval by the Volusia County School Board, but for the 2029. So it's not only for students that live in Durham Park, but it's also for students who live in the city of Edgewater.

So this is a picture of the master plan. It's gonna also have some athletic fields, and you'll be seeing more detail on this as we go forward. I do have a couple of quick renderings. We've hired DAG architects working with our with our landscape architects in MLH in terms of how the school looks. This will be on on a park to the left with both regular parking and golf cart parking in front.

We're hoping a lot of parents will have their kids walk to school if they live there. This is kind of the view walking from the park to the front of the school. On the other side of the school, it's a concave building the other way. This is where the the car drop off will be. So we've designed the site so that if someone is dropping off their child by car, they're on the East Side.

If they're walking or riding a bike, they're on the West Side. And if they come by golf cart, they'll park their golf cart at the park and walk their walk their child into school. And then we're also looking at gymnasium facility as part of that first phase of development. There are future potential buildings for the arts, and we're very excited about that as we get as we get started. But we think this is a a very important part of the community and very important part of Darien Park.

You guys are hearing it publicly for the for the first time, and there'll be a lot of details as we go forward, but but real excited about it. Couple of quick things, and then Sean's gonna come up and close out with the details on the plats. We are we are using low impact development and following the guidelines that have been set forth. So this is just an example of how we're doing roadside swales, we're taking the water in, how we're using native plants, and then using littoral shelves within man made ponds to not only hold that water but clean that water. And so I'm pretty excited to see this implemented on a on a massive scale and using a 100% native plants.

We're also using what is called the New York Pattern Books, so the native planting and the LID techniques go beyond just the common spaces, but actually into the homes. This is gonna take take some education. There's a lot of people that move to Florida from somewhere else. They're looking for green grass and three palm trees. We're gonna be using a lot of native plants and educating people.

The added benefit of using the native plants in the New York Pattern Book is you actually have some habitat in everybody's yard, and you're able to to have butterflies and caterpillars and dragonflies and native native approaches to mosquito control, and you don't need pesticides and herbicides and tons of irrigation water. So, again, just a component that we're excited to be showcasing. Canopy and trees, we're gonna be installing about 7,000 trees. Clearly, have harvested. We've we've cleared a bunch of planted pine trees. We pushed the development to the east side of the property. It's for those that have been out there, it's it's certainly making sausage.

It's not

very pretty right now, but we're gonna be planting a lot of trees and ground cover to make it so. We can turn it over to Sean for the fun part. Actually, school is the

fun part. Good evening, mayor council. Sean Steffen, Deering Park, 3450 Old Dawson Ranch Road, Edgewater, Florida. As Ernie and Glenn had indicated, we've been moving forward with a lot of work out there. What you see before you is our monument plan. This is actually under review currently by the building department. This will be placed at the current end of Indian River Boulevard right in front of the welcome center. This is just a three d rendering of the welcome center. This is currently under construction. This building is 7,500 square feet under air.

It'll serve multiple purposes. It'll be where our staff or our marketing team will reside. We'll have a conference room, several staff. This will also be the place we'll engage future homeowners to come and learn about Darien Park. In this, we also have a cafe and full restaurant, which will eventually be used as an amenity for residents. It's currently under construction. We've just moved into the rough mechanicals for this building. We anticipate this will be open in summer of next year.

So a little

bit more detail about the plats in front of you tonight. The first one is SD two thousand four hundred and one, Garion Park Center Active Adult Phase 1A. This is our active adult 55 community. This portion is 157 acres, two seventy three homes. This is surrounded by perpetual conservation easements. And this phase also includes just under an eight acre amenity site. That'll be a resort style amenity program for that portion of the community. And this meets all the requirements. The second phase is is SD 2402, Caring Park Center active adult phase one b. This is directly to the south and east of phase one a.

This would be an expansion of the active adult community on 78 acres. This includes very large lakes. The lakes that you see in that site plan is actually more than half of the total acreage. This will include 115 homes, large lake views. And this will also provide access to Lully Hammock for a secondary resident access. And this one meets all requirements as well. The third one for you tonight is SD 2403. This is Darien Park Center townhome phase one. This will include two story townhomes on 93 acres, 258 homes. This is located just south of the Welcome Center and just south of Indian River Boulevard.

This will have preserved views for every lot, including some detention ponds, late small lake views, and this also meets all requirements. The fourth one in front of you tonight is SD 2405. This is Deering Park Center, single family phase one. This is on a 107 acres, 250 homes, Multiple lot sizes. This is fifty, fifty five, and 60 foot lots. Also a very large central lake, just under 30 acres, I believe. And this will be served by an amenities just to the northern boundary of this property. And this one also meets all requirements. I'm going to turn it back over to Ernie for questions.

Yeah. I also just wanted to to these first four plats, when you add everything together, it's 868 homes. We anticipate that's about four to five years of of activity. We have pending with staff the commercial application, which will come at a later date, but excited to get moving forward on those with with commercial. But doing doing some conservative math, which we've we've worked out in terms of what is that tax taxable value look like over time.

So if we fast forward it five years, let's say, for instance, the active adult phase one is about a $123,000,000 in taxable value when people buy the homes and move in. The active adult phase phase one b is about $52,000,000, a 115 homes. The townhomes, 258 townhomes, that's a total of about $84,000,000 in taxable value. And then the single family phase one is about a $112,000,000. And, again, looking at the market and what's happening out there, the total is about $370,000,000 in taxable value, and then Yeah.

That'll then be taxed at the the city and county rates. Again, people the question had been asked, what what is this thing going to to do for taxable value? And and what I what I guess I'll close with and and just we're gonna ask you guys to approve all four of these plots, is that we we are trying and we will continue to be good partners with the city, whether it it relates to infrastructure improvements or transportation improvements, economic development efforts, working with Team Volusia and the CEO Business Alliance and Department of Commerce. And and we recognize that this is a big project. We know it's a big part of the city of Edgewater.

But on behalf of the family that, that we represent, who's owned most of this property for a hundred years, they're not going anywhere. It's a single family neighborhood. You talked about David Fackman, our vice president. So as soon as his house is ready, he's moving in. And and as I've mentioned to you, my wife and I are moving in as soon as soon as Sean can get, get roads and utilities, to the site. So we're happy to answer any and all questions tonight or at any time and, would ask you to approve, approve these four plats. Thank you.

Thank you. I'm going to open up to counsel comments, and then we'll go to citizens' comments. Who would like to go first?

I'm excited about the first phase of this project and all the different different tax values it's bringing to the city, the total tax value just for these four phases is approximately $370,000,000 That's big. Sorry. I'm excited about this first phase of the project. And we're going to roll the tax values from these four projects. It's about $370,000,000 which is going to be big for the city. The way the project's put together, I'm just happy with everything so far. And I look forward to seeing the progress as it moves forward.

Sorry. You can go first, or I do let me get what I've got to say out of the way, because I'm going kind of go shoot from the hip right off the bat. I have a lot of concerns. And this comes from I brought this up to you, Joe, before, I think from a staff level. I know that several of us on the dais have made comments that we weren't comfortable approving anything until the stormwater master plan came back.

And I feel like it was rushed to put that presentation before the Deering Park vote. And I don't feel like I have had enough time to go over and sit. Like, when I asked some questions about the stormwater master plan, I didn't get a physical copy of it until today. So I just have concerns of us having this vote after we just got all this information. And apologize, guys, because, I mean, I went through the presentation knowing the question I was going to bring up.

But it is I think everybody needed to hear the presentation and as well as everything following the stormwater master plan and give you guys that time. But I just have concerns that we're taking the vote tonight at all after all the information we were just given about the stormwater master plan. And I believe that it was kind of it just, optically, I think it looks like we were rushed to do this after the other. I just I don't I have reservations and per like, I would like to see. I mean, you guys could piggyback off this.

I would like to see it tabled until January because and I won't I'll finish. It's but because I think that we need time to digest everything that happened with the stormwater master plan. That is a lot of information that we got today. And I would like to see us to be able to meet with engineers and meet with other people to ask questions, have people who had watched that tonight who have questions and concerns come forward, and they'll be able to see the Deering Park presentation after it, too. I just I'm currently not comfortable with even voting on it at all right now with everything that we've been presented.

The Dorsetting Water Master Plan did say that it had a part with Deering Park, and it said that the discharge has come down after development, decreased the flow into the Little Creek Cow and the Turnbull Hammock. It's exceeding expectations. It will be better after it's built than it is nothing on it. So it's a positive going out of the gate that's going to be better for the community, better water quality, better drainage, better stormwater. So the part of the stormwater master plan they did talk about and I thank Arne for bringing that up. Everything that says, it's going to make it better.

GREGORY He did. I mean, I'm not saying that it's I mean, we're going to vote on it eventually. I just think that I would just like for us to have more time to go over everything. I mean, we were given a lot of information to vote on some very large items.

Well, I'll go ahead and speak on that matter. I've heard that from the community. I don't have an issue with that. Mr. Storch waited until after the stormwater master plan was presented to us, which I have a lot of respect for. But I'm going to go ahead and get my feelings out there about this project as a whole since we're already up for discussion. And there's a lot of people in the audience, I'm sure, that want to know our stances. Look, I learned Chaz, don't get upset at this. I've always been beyond my years, if you know me, maturity wise and just me as a whole. My father taught me how to drive out there when I was three years old.

I would love to see it kept the same. It's a beautiful area. That's not the reality. Daring Park has been talked about since the early '90s, late '80s, almost double my age that this was coming. I'm sure that you would like to keep it how it was when you first moved here, but that's not the reality. You know, I think that they're doing they're developing in a positive way. The land is already cleared, but we'd like to see that sit there empty and continue to flood? Or, you know, what the stormwater master plan stated, there's both of that. Now, I have a couple concerns about the dewatering process that I was gonna bring up. But unfortunately, I think that the wetland park is going to be great regardless.

That needs to occur. I'm very glad that they've been good stewards of that. I'm very glad that they're talking about potentially helping us with our public works facility. That's why our utility bill is so high. The impact fees that they're paying is a great amount. That will help fund the stormwater master plan or storm as master plan as a whole years to come. Am I in favor of massive development? I think everybody who personally knows me knows I'm not. But unfortunately and I don't mean to go back, I'm not trying to speak anything negative about our legal side of things but we saw what happened when we fought a Platt. And we saw that it was a waste of energy and a waste of resources, that if we had strong communication, would have been resolved.

I think that this is going to be developed no matter what, unfortunately. And you know what? Mr. Storch and everybody else I'm not threatened by this could do Live Local. And we'd see a whole separate project out there rather than them working with us. But where I'm at as a whole is this is not like New Smyrna Beach, where we're approving a PUD, where we have opportunities to negotiate and shoot it down. They're pretty much legally entitled to this. I'm not afraid to fight, but I don't think that there's a fight that anybody is going to fight for us together. So I think that that's where I'm at with it. I think that they're working with us, not against us, such as several developments have in town.

But Ms. Gillis, to your point, I have heard over and over again with this being on the agenda that they did just get the stormwater master plan back to digest. But those are my feelings that I'm willing to fight, but the fight is not there to be fought. I think that they're working with us, unlike a case that we've seen before. And this is a preliminary plat, not a PUD, just for anybody who has concerns out there. And I'm not saying I'm for massive developments, but there's a lot of conservation, and they're holding more water, unlike developments we've seen before.

No, I mean, I agree. They are working with us. I just this was concerns brought up to me by many residents. And I just I've got to work as a voice for people who brought these questions up. And it's just the fact that we like, this just came back, and then we make this big decision after it. I just think it doesn't look like we have the time to do our due diligence.

I've heard the saying.

That's where I've got concerns. I mean, it'll come up. It'll get voted on. I mean, I'm sure everything's going go through. I'm happy about the school. There's other things going on. I just I just, right now, logistically, I just, I don't feel comfortable because I don't think we have had the time to sit and be able to ask all the questions and have other people, like, experts from our community look at it and raise other questions about it before so we could have people comfortable with it moving forward?

Don't know. Well, developments they built, like Babcock, I mean, they've already shown what they're capable of doing, and they're bringing it to us. They've been very transparent through the whole process long before we've sat on council and long after we will be gone. And I definitely do not want to table this. Mr. Manager, what do you feel about that situation there?

In regards to tabling?

Tabling, yes.

Well, I prefer a vote since they did present the modeling from the stormwater master plan. And then legally, Aaron, what would be the repercussion from tabling, potential repercussion?

Well, I think we have the option to table it. But there would need to be good grounds to do that. And I would like to hear from the applicant as to tabling it.

If I may. Yeah. So the problem is, again, even the last time that we did table the plat so we could meet the to be here after the presentation, which by the way, the presentation was great. I mean, the presentation. So they looked at their report. They ran into their things. And in fact, what's going be better from a stormwater standard? I mean, almost half the stormwater is coming off the property before development than will be after development. That's incredible. So those are great.

So that's one thing. But one of the things we need to look at and I did a full presentation on this before the planning board, and I didn't think it was necessary here. But tabling is a problem under the statutes. You're not allowed to table a plat at this point. In fact, it even goes into the fact you're not allowed to ask for it to be tabled.

And so I'm going to take the position, mayor, that you never asked for it. We volunteered to do it because we did hear concerns. But no, I don't think tabling is permitted under the statutes. In this case, you have to basically again, if I go back to what the law is, the law is you have to basically take all the evidence you have. You have to vote for it, or you have to vote for it with conditions.

There's conditions that are appropriate within the actual land development code. You can do that and cite those conditions. Or you can vote nigh. You have to cite the actual land development code, PUD, or comp plan provisions that you did not meet in order to say you're denying this plan. Because otherwise, I mean, the law is basically, it's almost a ministerial act at this point.

Once we've got to the point where we have met every single criteria, every single law that was passed by the city of Edgewater, and we get to this point with a hearing, with a staff recommendation and a planning board recommendation, then what you're supposed to do is look at it and say, if you've met those criteria, then you're entitled to a plat because you've met the law. And so tabling it was not one of those options. Those are the only three options you have under the law that I'm aware of. And I'm just trying to be clear on that because it's important to us. We do not want to voluntarily table at this point.

I don't think we can. It will cost us a fortune if we do that. And we've already taken we've already tabled it once. Again, voluntarily tabled it once to allow for the presentation that we heard tonight, which I thought was just great. So I'm doing everything I can. I want to continue to work together with the city. I know my client wants to work with the city tremendously. But it's important for us at this point, we have to get what we're entitled to under the law. And we're entitled to those plots to make a proof at this point.

Mr. City Attorney, do you have a comment to that?

Right. The city land development code doesn't speak to tabling under the law, as far as the city council goes. Under the law, this decision must be based on the evidence presented at the hearing tonight. And once the applicant meets their initial burden of showing that their application meets all the statutory criteria for granting the preliminary plat. 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 requested by the applicant does not meet the city standards and was in fact adverse to the public interest.

So at this point, with the staff report and other evidence presented, they have met their initial burden of showing that their application meets all the statutory criteria for granting the preliminary plat. And so the burden has then shifted back to the city to demonstrate that they have not met the requirements.

So I thought you had said, yes, we were able to table. So now it has shifted because the presentation is already given.

Right. The Thane Development Code does not speak to tabling it. By

the way, the law regarding continuance is statutory. Continuance And it's one of new statutes that just came out. Okay.

I

think Mr. Rain Bird has been trying to say sorry not to cut you off.

Yeah. I appreciate what Deering Park is doing. I've been out there. They've been listening to some suggestions. I wish every developer that we've had come into this town was like you guys.

I had a town hall. I got 45 questions from residents. And I put them in bold, the ones that jumped out to me. And I haven't heard any answers from Deering Park or anybody as far as I would just like the people I work for out there, the residents of Edgewater, to have some of these answers, Like the one that keeps in the back of my head that my bold, special font question was like, what if another 2008 comes and construction stops because nothing's selling? But what is Edgewater on the hook for and what does it do to us?

I'm not asking for a tabling, but I submitted some questions to the city manager who gave them to the city attorney and gave them to Ryan and gave them to you guys. I'm just saying the people were curious. And some of them were positive. I mean, they see what's going on. And they saw the vote at the last meeting where you guys are helping us with our wastewater treatment plant. And under 95, that's great. We couldn't get there during Ian. It was underwater. Our own evacuation route was underwater. And we're just not used to this.

It's almost like too good to be true. We've always had developers out there, and they're gone, and we're left to hold the bag. And I was just wondering if you could supply just entertain us with some of these questions.

Mr. Rainberg, they did reply this afternoon with answers to the majority of those questions.

That's kind of along the lines of Councilwoman Gillis. We got these answers this morning. And, you know, it's

If I may respond just so we're here on a very specific matter, which is the four preliminary plats. And we're happy to answer any and all questions, and we provided answers. And I'll answer the specific ones you have here. But the questions that came up in the town hall meeting, for instance, what happens if there was a recession? Well, if there's a recession, we'll slow down.

The tax revenue won't be, generated as quickly, but that's on us, not on the city. City is not responsible for any of that. One of the questions was asked was whether there was any federal funding, and the answer is no. Is the city on the hook for any of our development expenses? No.

So we've answered all the questions that we're asking. We'll continue. But the questions that were asked did not relate to the specific items that are before you tonight, which are the four preliminary plats. And I know Glenn explained it a little bit, but the the laws that we have to follow, the the conference plan, the land development code, the PUD agreement, those are the law as relates to this application. And you all are sitting tonight in essentially as the judge, in your quasi judicial capacity, which is you're the judge.

We've presented the information that we meet the code. And we'll continue to answer all the questions that you have. But as but the questions didn't relate to the criteria that are set forth in the PUD and in the code related to the preliminary plats. I know and then we've got all 49 of the questions, and we've answered all the 49 of the questions. We provided that to the city manager and to Ryan today. Happy to go through them all if you'd like.

And let me read this one that you asked. Again, this is not pertaining to the Platts. This is simply because this is not you're not asking for us we're not asking for a rezoning or a PUD. This is a Platt law. One of the questions you had, if we experience not the 2008 and construction pauses, what are the risks to Edgewater? Unlike 2008, the city of Edgewater has proactively procured and completed a wastewater master plan that phases improvements in associated costs. These incremental increases in wastewater capacity ensure the taxpayers are not left to pay for the excess capacity in the event during part does not bill. But again, as you know, we have already committed probably close to $100,000,000

at this point

toward Deering Park. That's going to continue. And fortunately for us, I know that my clients like I say, they've been doing this for over twenty years. They have had land out here for one hundred years. They are going to continue. It is not going to be abandoned.

Well, that's where I have some confidence because if any organization has the money behind them to, for lack of a better word, be recession proof, I'm pretty sure your company does. I just want to make sure that we're not going to

Mr. Rainburn, I'm sorry to cut you off, but I want a yes or no answer to this discussion. Mr. City Attorney, you started the discussion by saying that we could. Mr. Storch presented facts and evidence. Is it legal right now for a council member to make a motion to table or to not to table this until the next council meeting, which is January 5, from our city attorney?

I would not recommend tabling it. The as I'm reading the land development code, it doesn't speak to tabling it. It says that the recommendation of the planning and zoning board shall be presented to the city council for review and consideration at a public hearing, and we're here tonight for that public hearing.

Moving forward, is there I make

a motion to approve SD2401 We haven't had citizens' comments yet. Oh, Sorry.

Sorry. GREGORY I'm just yes. I have commented a little bit.

GREGORY I'm sorry.

Let's get this out of the way right now and end this discussion. I do have concerns and would like to table it. But it seems it is unrecommended by the city attorney who first said yes. Now, there's been facts presented. Is there a motion at this time to table? And is there a second on the dais board? Okay. So let's end that discussion, and let's move forward to the Platt discussion and approval, where we'd like to have we've already started with council comments. Let's finish council comments, and let's go to citizen's comments. All right. Back to council discussion and comments.

Yes. I'd like to say that

I don't think your thing's on. It's Dan. Here, him. You're full pal.

I can yell. Anybody here?

Batteries are coming.

Thank you, sir. No problem. I'd just like to say I've been working on this project since about 2005. And many, many, many, many meetings and discussions, and they've always compromised with me. It's like and it's like I said, when they that he knows how I feel about 40 foot lots. He said 40 foot lots, and I went, no. No. No. No. No.

Where am I gonna get the where am I gonna put my reclaimed water? So that's when they came up with the plan to make the wetland park, which was not an easy thing to do. I I said, no. I don't want the 40 foot lots. You heard that, you know, they're not gonna all be 40 foot lots.

I asked them, I said, how deep are you gonna dig the water retention ponds? I said, anybody knows if you dig a pond in Florida something's going to grow there eventually. Algae or Elodea or hydro or whatever. I don't care what you do to it. I said dig them deep, keep the water flowing.

And they said, Okay, we're going to do that. They're going to put pumps in. I said, The natural way we're doing our lawns now is not working. I said the Florida vegetation, natural vegetation, know, it would be better. Okay.

So they're gonna put in natural vegetations. Everything that I've asked them to do, they've either done or compromised on it. They and they Glenn talked to me today and he says, we wanna work with you. You know? And and and people say, oh, you're for the project. You're for the project. Let me tell you something. I was a game warden for thirty years. That was my backyard. I'm a tree hugger.

Did I want them to cut down one tree? No, sir. No, sir. Because I love wildlife, and wildlife's gotta have vegetation to grow in. But somebody asked me the other day, a landowner has certain rights. Now they coulda come in there and they coulda built on the whole property with what what was it? One a quick one and a quarter acre ranchettes? And they they came. They said, no. We're only gonna build on 1,898 acres, and we're gonna leave 4,000 acres green.

I said, oh my goodness. You know, all that runoff where the it can run off, the trees, we can breathe the fresh air. You can't be we the city of Edgewater got a state award for for this project, and and I just can't believe that we're trying to work against them now. You know, they've done everything they've we've asked them to do or compromise their therefore. And I gotta ask I gotta add a little humor while I'm preaching.

Who's gonna buy all the bear proof garbage cans? But I'm not I wasn't Ford. It's like I was telling somebody the other day, if a doctor tells you he's going cut your arm off up to here or maybe we can save it if we cut it off here, what are you going to say? Cut it off here. You know, I don't want to ruin a good thing. I'm not Ford, never have been Ford, but they have rights and they're doing this thing right.

I have two things before we go into another discussion. Mister Attorney, can you read the statute for public comment?

The statute?

They presented that there was a statute that was nude to where we can't table it, just for the record, or to Mr. Storges.

And I've been looking for it. I think it's in Bill seven eighty four that just got passed in 2025. That's what I think it is.

So the law is not the statute is not permitted in the record. But are you going off of the law or Land Development Code?

Land Development Code. Okay.

The second thing I have, Mr. Storchin this has been a concern for every resident. I apologize for not speaking with the city manager and trying to see if this is an option. I understand that you will be dewatering. I think you already are. You're going to hold for water for the storm water master plan than what is there right now. It is wet when you drive past it, and several residents have seen that. The PED has already been approved. I think we have a great city attorney, but we lost our last battle. So I don't think that this is a battle to go through.

But I have one question. During the dewatering regulation, one of the biggest concerns that we had that I found with a resident here in town probably about two years ago and you had called me about it not to mix up separate developments, but dewatering in a separate development. So the dewatering process in the city of Edgewater has been on everybody's minds. I can't imagine how many pumps you have out there. I can only imagine.

We have that answer for you. But the bottom line is, I should tell you that all this is permitted.

Yes. Yes. I'm well aware. I'm well aware. I just was gonna finish the statement and say that, but but I have one one thing to ask potentially.

So we probably got out there probably now ten, twelve pumps. And How much how much detail do you want on the on the dewatering?

I have one one question and concern, and maybe you guys are already doing this. I'm unsure.

Yeah.

A lot of people in town have that concern. And I understand that it's done through St. John's Water Management. I understand that it's not really permitted through the city. I have a question. How do you guys count? I understand it may be impossible, but is there a way to do it? How many gallons per day is being pumped out there? And I understand that during a major large rain event, you may be concerned about your development. But can we have your commitment?

And can the residents you know, I understand it's done through St. John's Water Management, that there will be no dewatering during a major rain event. That I don't know how we would regulate that. And Mr. Attorney, if we even can, get their commitment on that legally. But how do you count how many gallons are going in and out a day? And the dewatering process, could we have your commitment that you wouldn't do it during a major storm event? I don't know if we could put that through a bond regulation. I'm not sure how that would work. I've never asked this before for a development.

But you guys have been good stewards so far. You guys have done everything that I requested to do so, not manage, because I'm obviously just one vote on the council. But is there any kind of gauge that we could do? Are you going to dewater during a major storm event? Those are my two questions.

Okay. So we've been dewatering. The one thing that we've done is that we've held none of the dewatering water has come off of our site. And so if you've been out there, you'll see we have the first thing we did before, we got the dewatering permits from St. John's following their regulations, and it's construction dewatering was we put perimeter ditches around so that none of the water was coming off-site.

And so recall that we have the development area that we're dewatering from to dig the ponds, but we also have the conservation lands, and we have the natural lands. And so as we've dewatered for construction so I think we we were out there the other day. We took the big central 20 acre lake, which is now dewatered to about 30 feet, and we're bringing the dirt out of that one for the rest of the project to build that. All of that dewatering water has been kept on-site or discharged into conservation lands that we we own. And then when we did have the big storm event, which we had in the fall, the very first thing our contractors did was made sure all of the perimeter ditches were all intact and all those berms, and we actually had them stop dewatering until we got through that day.

Now it's not required by the permit, but that's the approach that we've taken. And so rather than saying we won't dewater, we won't allow dewatering water to come off of our property and and affect others. We've just been able to do that. And so right now, we're we're about to finish that big 20 acre lake. And so one of the things we'll be doing is we'll be dewatering the next lake, filling up that 20 acre lake.

And our hope is that we can get all this storm water system that we're doing done during this dry season. So I hope that answers that answers your question. And we're so all all that water is staying west and on our property.

Is that plan written somewhere?

It's in it's in the Saint Johns River Water Management District dewatering permit. Yes.

Okay. So you will be upheld to that sooner now. I have one question for the city manager. We just approved two technicians, I believe, to look after any kind of watering situation. Is this something that that individual can monitor?

Yes. Stormwater inspectors?

Stormwater inspectors. So they will be monitoring this to make sure that the permit is being correct. Not that we don't trust you, but there's been other stewards in the past that have burnt those bridges.

Don't have any problem with that. And in fact, there was a request this fall during a rain event from a a a resident in New Smyrna Beach, and the Saint Johns River Water Management District also came out along with the city's engineers to make sure that we were in compliance with our permit.

Okay.

So and, again, we'll continue to do that.

And they found you work.

Right. Well, for the record, that is St. John's Water Management, not the city of Edgewater. So our permit technician will be monitoring that situation of Deering Park in house. Yes. We have two of them, correct?

I believe we have three

Three to four now. Wow, that's wonderful news. So they will be monitoring that and working with Deering Park to make sure all water stays on and per

the permit. Mr. Mayor, I want to you want to stick with it, of course. They're welcome out there any time. Thank you. The covenant spike.

Thank you. And you have the ability to you're going to be able to control your own water levels depending on the peak water season and the and the drier seasons. You're gonna be able to maintain your own levels. I think you can put it when you have to, you can put it over the hill to the west. Right?

Yeah. What we're doing is is there's different control structures throughout the whole. So there's ponds, and then there's pipes, and then there's control. And each of the controls has different elevations. And so with the controls at different elevation, if there's a little bit of water, it stays below the control.

If there's more water, it goes to that control. But before it goes into the control that goes off above the limits, there's another control that allows it to go into the swamp. And so, again, trying to trying to understand what's going on in the world around us. We're we're well aware of the of the issues that are happening in other parts of the city. And we one, we're not gonna make it worse. And two, what we've designed and the way we're constructing it, it'll be it'll be as built to confirm that. It's gonna make it better.

And that when you put the water that way, if I understand correctly, it'll go down towards Mins, come out by that big bridge that they're reconstructing down there. Right? That's another outfall down there.

That that's on the East Side Of 95, where where the water that we talked about going into Crane Swamp would be to the west and south. So we've got about 25 miles between this property and the Saint Johns River kinda going due south. So there's a whole system of different SWUs that that go through there. But the critical piece for the for the rest of the city of Edgewater is that we're reducing the discharge that goes off of our property under I 95 into Turnbull Hammock and then south to the Northern Indian River. Now that water will ultimately make its way to the new bridge at US 1, the one through Turnbull Hammock.

We're just not used to this because I think this is the time we've ever heard that a development is gonna not only not put off water, but put off like, retain water more than it's just, like, almost too good to be true. That's all.

Well, again, guys, I understand it. I mean, it as as you and I discussed, I've I've had the opportunity to work. I I was part of Sid Kitson's team on Babcock Ranch, and the approach with Babcock was to do development a different way. And at Babcock, we've been able do that. And now the intent here is to if Sid's listening, I'll I'll tell him to do this better than Babcock.

And one more question? Because this was kind of jumped out at me too. Taking the water like the mayor was talking about water going back and forth. The pipes that are going be needed, those were already there, right? Or is piping going to have to go through right of way in people's yards, or or is that that purple pipe that they ran a while back?

We will we will not be doing any work East Of East Of 95. We're not adding any additional culverts under 95. Those are all culverts that were put in when I 95 was built. And then inside the community, we're putting in small pipes, big pipes, medium sized pipes, purple pipe, sewer pipe, water pipe, a lot of pipe going into the ground in the community. But we're not adding any more culvert connections under I 95.

Right. Is that all going through right of way, or you're not gonna have to go through people's properties or anything?

No. So no. We won't be going through anybody's property. There'll be easements throughout the plats. The plats that are before you have easements for water, sewer, power

I got another one.

All that's inside inside right of ways and easements.

That was another question that jumped out to me, that's good to know that you're not gonna have to impact anybody. Yeah.

Okay. I'm sure that there'll be a few more council comments after we open it up for citizens' comments. Sure.

Good evening. I'm Jim Cameron, Jim Cameron Consulting. And I've been coming to y'all's meetings for a number of years down here, though. And I did that though back when I was with Chamber of Commerce in Daytona. And I did that in the light of at the time was working with Space Florida.