City Council

104 N. Riverside Drive Edgewater, FL 32132 City of Edgewater Meeting Minutes City Council 6:00 PM Council ChambersMonday, March 6, 2023 1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Mayor Depew called the meeting to order at 6 pm. Mayor Diezel DePew, Councilwoman Gigi Bennington, Councilwoman Debbie Dolbow, and Councilman Jonah Powers Present: 4 - Councilwoman Charlotte GillisExcused: 1 - City Attorney Aaron Wolfe, City Manager Glenn Irby, City Clerk Bonnie Zlotnik, and Assistant to the City Clerk Monique Toupin Also Present: 4 - 2. APPROVAL OF MINUTES None at this time. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. Proclamation for the Fire Department's 75th anniversary. b. Presentation by James Moore Certified Public Accountants and Consultants on the Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 2022 4. CITIZEN COMMENTS Linda Thomas, 3117 (?), spoke about the historic Oaklynn Cemetery and the efforts made to restore it by a group of concerned residents. Pam Ison, 624 N Riverside Drive, New Smyrna Beach, representing the Southeast Volusia Chamber of Commerce as the upcoming President; informed Council that there would be a member of their board of Directors at all City Commission meetings in the neighboring towns. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA None at this time. 6. CITY COUNCIL REPORTS Councilwoman Dolbow had attended the crime watch meeting; toured the Riverside Conservancy, attended the TPO meeting and wondered if Council would approve of someone coming to talk at a future Council meeting about increasing roadway safety in Edgewater. Councilman Powers had nothing at this time. Page 1City of Edgewater Printed on 8/1/2023

March 6, 2023City Council Meeting Minutes Mayor Depew reported that he had spent the day with Fire Station 55; had attended the YMCA board meeting; had a meeting with Jessica from Volusia Manufacturing; had a meeting alongside the City Manager with Students Working against Tobacco; a breakfast with neighboring Mayors, Councilman Danny Robbins and City Manager Irby; a Chamber meeting; he had been a guest speaker at the Kiwanis Club and at the New Smyrna Beach Board of Realtors; he had enjoyed the Citizens Police Academy; he had attended a Volusia Economic meeting at the Daytona Beach Airport where he had spoken to Senator Tom Wright and members of Rick Scotts office; he had spoken at a youth political club in Deland; he had done a full shift with Officer Kevin Nugent; he had attended a County Council meeting with Councilwoman Gillis; he had attended a Volusia County Hurricane mitigation meeting; he had participated in a ride along with the Refuse Department; he had spent the afternoon with Tommy Smith of the Water Department driving around Edgewater; he had attended a Youth Council meeting and had filmed a small video about current Council events; he had enjoyed a lunch with Your Homegirls Group, who had provided hurricane relief to the community; he had attended the State of the County and had enjoyed a political meeting in Washington DC. Councilwoman Bennington reported that she had just recently gotten out of the hospital and was happy to be back. 7. CONSENT AGENDA A motion was made by Councilwoman Bennington, second by Councilman Powers, to approve the Consent Agenda. The MOTION was APPROVED by the following vote: Yes: Mayor DePew, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 4 - Excused: Councilwoman Gillis1 - a. Acceptance of FDEP Resilient Florida Grant for Vulnerability Assessment and Adaptation Action Plan b. Accepting Assistance to Firefighters Grant from the Department of Homeland Security. c. Acceptance of funding and Grant awards for Hurricane Ian from Federal Emergency Management Agency (FEMA) and Florida Department of Emergency Management (FDEM) d. Request award of and authorization for the City Manager to execute, a contract to Fred Fox Enterprises, Inc. in the amount of $499,900 for the CDBG-MIT Grant Administrative Services for the G2-G11 Canal Improvement Project - RFP 23-ES-04. e. Requesting award and authorization for the City Manager to execute the contract with Odyssey Manufacturing Co, for Sodium Hypochlorite for the City of Edgewater Water/Wastewater Treatment Facilities per terms and Conditions set forth in ITB Page 2City of Edgewater Printed on 8/1/2023

March 6, 2023City Council Meeting Minutes 23-ES-06. f. Requesting award and authorization for the City Manager to execute contracts with Carmeuse Lime, for High Calcium Bulk Quicklime and with Matheson Tri-Gas, Inc for Liquid Carbon Dioxide for the City of Edgewater Water Treatment Facilities per terms and Conditions set forth in ITB 23-ES-07. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2nd Reading - Ordinance No. 2023-O-13 - Land Development Code (LDC) text amendments to Article IV (Resource Protection Standards) City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Mayor Depew opened and closed the public hearing. A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve Ordinance No. 2023-O-13. The MOTION was APPROVED by the following vote: Yes: Mayor DePew, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 4 - Excused: Councilwoman Gillis1 - 9. BOARD APPOINTMENTS a. Volusia County Opioid Advisory Board Member Appointment Councilwoman Bennington clarified with Mr. Irby that this was a new Board. City Manager Irby provided a staff report and recommendation. Mayor Depew opened the public hearing. Councilwoman Bennington and Mayor Depew agreed that it was a wonderful idea. Mayor Depew closed the public hearing. A motion was made by Councilwoman Bennington, second by Councilwoman Dolbow, to appoint Chief Mahoney to the Opioid Board. The MOTION was APPROVED by the following vote: Yes: Mayor DePew, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 4 - Excused: Councilwoman Gillis1 - 10. OTHER BUSINESS Page 3City of Edgewater Printed on 8/1/2023

March 6, 2023City Council Meeting Minutes a. Agreement for Professional Services (Architectural and Engineering) from CPH, Inc. for the New City Clerk Office Space and Storage Building City Manager Irby provided a staff report and recommendation. Mayor Depew opened the public hearing. Councilwoman Bennington knew the City Clerk needed more space so she felt it was a good thing. Mayor Depew asked if it was a portable building; Mr. Irby said yes, it was a steel structure that could be taken down as easily as it was constructed. A motion was made by Councilwoman Bennington, second by Councilman Powers, to approve the amendment to the Professional Service for Bonnie's new office. The MOTION was APPROVED by the following vote: Yes: Mayor DePew, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 4 - Excused: Councilwoman Gillis1 - b. FP-2201 - Jessica Marcotte, requesting Final Plat approval for Edgewater Preserve Phase 1 Darren Lear, Development Services Director, provided a staff report and recommendation. Joey Posey, 420 S. Nova Road, Daytona Beach, Attorney for the developer, provided information on the project and welcomed any questions. Mikael Bang, 1465 Elizabeth Street, expressed concerns with possible future flooding as new developments come to the City. He asked if the adjacent homeowners were made aware that they could be facing flooding. Mr. Posey responded that it had been noticed; the project has gone through three (3) years of design, specifically stormwater. Cody Bogart, Newkirk Engineering, reiterated that they had gone through a three (3) year design and permitting process with the City, Volusia County and St. Johns River Water Management District. There are five (5) retention ponds plus the benefits of new development mean higher standards for stormwater than 50 years ago. They have met all the codes required from the City and surrounding agencies. Maggie Drayton, 1490 James Street, asked if they were going above and beyond in anticipation of future natural disaster issues; Mr. Bogart said they had learned how to predict potential rain events and how they were going to affect the global system. They are ensuring that they are mitigating for any amount of water their site could impound and then discharge. Mr. Posey reminded everyone that this project had been under extensive review. Page 4City of Edgewater Printed on 8/1/2023

March 6, 2023City Council Meeting Minutes Tom Kells, 1421 Elizabeth Street, was asked to refrain until the next agenda item. City Attorney Wolfe informed Council that per the Land Development Code; if the final plat meets all the requirements of the Land Development Regulations and complies with the approved preliminary plat, the City Council shall then review and approve the final plat and indicate approval by signature of the mayor on the Mylar copy of the plat to be recorded. City Staff has reviewed the final plat application and finds it consistent with the preliminary plat, the Comprehensive Plan, the Land Development Regulations and the RPUD. If they were to deny the final plat; the reasons for denial would have to be in writing and would have to be valid reasons. Mayor Depew said that there had been a rumor that pumps had still been flowing into the back of Florida Shores during the storms; he would like that to be laid to rest. Mike McQuarrie, 6 Pine Valley Circle, Ormond Beach, said that the water has always been contained onsite and at no time was it ever discharged into Florida Shores. Councilman Powers clarified that what was being voted on currently was not the development itself; it was if the final plat matches the preliminary plat. The development had already been previously approved by Council in 2019. A motion was made by Councilwoman Bennington, second by Councilwoman Dolbow, to accept the Final Plat for Edgewater Preserve Phase 1. The MOTION was APPROVED by the following vote: Yes: Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers3 - No: Mayor DePew1 - Excused: Councilwoman Gillis1 - c. FP-2205 - Old Mission Key, LLC, requesting final plat approval for Oak Leaf Preserve, Phase 3B. Darren Lear, Development Services Director, provided a staff report and recommendation. Glenn Storch, representation for the applicant, broke down the process and the legalities for the process of approving the final plat. They had just received a certificate of completion indicating that all things built were consistent with the standards of Edgewater; it also has to be consistent with Florida Statutes. He provided Council with the full statute that proves they have met all requirements. Parker Mynchenberg,1729 Ridgewood Avenue, gave a brief history of his career. Mr. Storch asked if he had reviewed the plans for compliance with all the state and federal requirements; Mr. Mynchenberg said that in his professional opinion, they did and that there was nothing missing from the plat. Page 5City of Edgewater Printed on 8/1/2023

March 6, 2023City Council Meeting Minutes Mr. Storch reiterated that the City Council's vote tonight is ministerial; all they have to do is show that it meets the criteria. Council does not have discretion to deny or disapprove this plat as the developer has met all requirements. He pointed out that the City has a checklist that the developers must comply with and if they do not check all the boxes on that checklist, they don't get to come before Council. The project has already begun construction; money has been spent; and property has been bought based on the contingency of approval from Council. He explained that the infrastructure cost alone exceeds $10 million and the failure to record the plat may result in the default of the $4 million construction loan; the $600,000 letter of credit; and the $25 million contract with the buyer as well. He understands that the neighbors have concerns but there is no basis for objecting this plat; Council cannot take what objections they have into consideration because it's not part of the law. Mr. Storch had Mr. Mynchenberg testify that the area along Elizabeth Street next to this project are in the 100 year flood zone and that the homes on Elizabeth Street were constructed before the requirements put in place now for stormwater; there are no inlets, drainage piping or retention ponds. He added that the road on Elizabeth Street is also not built to current standards and that there isn't much in terms of stormwater prevention. Mr. Storch reported that he had heard there were some concerns and had met with some of the residents after the last Planning & Zoning Board meeting to discuss. Despite doing so; a resident, Annaleigh Jaildagian, had sent a letter to the mayor regarding the destruction of wetlands, though the project had been designed around protecting wetlands and suggesting that the owner and City Council had participated in criminal acts by funding government officials, which isn't true. He informed Council that the current Oak Leaf build out would be valued at about $125 Million for ad valorem tax purposes; it would provide needed single family houses and would be built to provide stormwater protection. He said that in Ms. Jaildagians letter, it was mentioned that Oak Leaf had no flooding issues but their neighborhood has six (6) inches of water in their yards; that is because Oak Leaf was built properly from a stormwater standpoint while Elizabeth Street is in a 100 year flood plain. He said that the reason so many people flooded was because there was a 500-1,000 year storm; it had nothing to do with pumping water somewhere and they couldn't place blame without proof. Mr. Storch stated that even though the zoning is not an issue; it should be noted that there are a number of provisions in the PUD agreement that will create a better community. He then reiterated that this is simply a request for an approval of the plat; everything else is already built and approved. Staff's recommendation of approval is consistent with the comprehensive plan; zoning; all state permits and land development codes. All expert witnesses indicate that all requirements have been met and that there was a unanimous Planning & Zoning Board approval and recommendation as well. Annaleigh Jaildagian, 1756 Elizabeth Street, presented a poster board she had made to provide examples of how the Oak Leaf development would affect her neighborhood. She asked why there is no drainage proposed for almost half an acre of a burm going into their backyards and where the Page 6City of Edgewater Printed on 8/1/2023

March 6, 2023City Council Meeting Minutes runoff from said burm is supposed to go. Jeremy Oranje, 1718 Elizabeth Street, stated that he was a second generation building contractor and that he had known these issues were going to happen and tried to express his concerns previously. He referenced an issue he had with no drainage behind his back yard and that he knew sometimes engineers make mistakes. He asked that Council put a temporary moratorium on this item until the problem gets fixed. Mike Bang, 1456 Elizabeth Street, felt it was great that residents were able to come voice their opinions but he felt that it was unfair to compare the new development to the old development. Cindy Trezona, 1290 James Street, stated that her home looked nothing like the examples Mr. Storch provided and expressed concerns for the residents who will be affected. She asked Council about their responsibilities to the residents who were already established before the development. Michael Ferranda, 1512 Tatum Boulevard, felt everyone should put their resources together to find a solution to the problem. Steve Veite, 1778 Elizabeth Street, said the wall behind his house was 6-feet high and that his neighbors, who are long time residents, had never seen flooding like that before. The residents don't want the developers property to not be built, they just want to make sure theirs is made right as well. Councilwoman Bennington said she understood what the resident wanted but asked if they would be willing to pay for it; Mr. Veite said that the City shouldn't pay for it, it should be the developer. Robert Dilorio, 1756 Elizabeth Street, stated that no one was trying to stop the development and expressed concerns over the discharge from Oak Leaf onto Elizabeth Street and the fact that in the PUD, Section 9.4 it states that the 100 year flood elevation for the site is 6.3-feet with minimum finished floor elevation being 12 inches above the 100 year elevation. Revision one (1) shows projected homes in Oak Leaf being at eight (8) feet above sea level while revision 10 shows another at 12 feet above sea level. He wants to know why the 12 feet above sea level was ever approved as it is almost double the minimum requirement on the PUD. Melanie Oranje, 1718 Elizabeth Street, said that at the February 8th Planning & Zoning meeting, residents concerned about water runoff from Oak Leaf Preserve Development were told not to worry because this project was designed by professionals whose licenses are on the line. She felt that no one would intentionally cause an engineering failure but that they do occur which is why they have professional liability insurance and that phase 3 of Oak Leaf Preserve needs to be stalled. She cited an instance in New Smyrna Beach where a moratorium was placed on new development to analyze flood and stormwater regulations. She also asked why the St. Johns River Management District placed trash pumps legally behind Elizabeth Street to pump water into the overflowing canals when the development is 12 feet above flood zone with no flooding issues. Allan Smith (?), 1421 Elizabeth Street, explained that his wife was out in the water and had broken Page 7City of Edgewater Printed on 8/1/2023

March 6, 2023City Council Meeting Minutes her knee and that they had never seen flooding like they had; he knows Council has a job to do and hopes they do the right one by making people fix their mistakes. Marcia Harris, 1708 Elizabeth Street, expressed dismay over the development happening behind her street and how it has impacted her home and the residents nearby. She stated that she knew the last two hurricanes were torrential but the woods provided a natural sieve that is now gone. She asked that Council right these wrongs by requesting they give residents sound infrastructure for drainage and two (2) rows of offset trees to provide an ecological barrier. Tim Schaeffer, 1459 Elizabeth Street, stated he had been through several hurricanes and told Council his experience with the recent hurricanes. Chuck Martin, 205 Cherrywood Lane, said that he had lived on Elizabeth Street as a child and knows that it sits lower than James Street. He advised residents living there to go to a County Council meeting and inform them of the issues with stormwater to get some assistance. He believes the new Council will stand up for the citizens but this is something that has already been done. Greg Etts, 1371 Elizabeth Street, feels that the reason meetings are held and things are discussed is to catch problems before they are irreversible and he feels this is not irreversible yet. Paul De Vivero, 129 Flamingo Road, said that the plat is not in conformance with the preliminary plat because there is a tract around the entire North, East and South side of the property that was previously labeled as common area, utility easement & drainage easement; the new plat removes the word drainage. He points out that it is all private property so once they sign off on the plat, it will fall onto the homeowners association; the City needs to fix things before that happens. Maggie Drayton, 1490 James Street, offered her support to the residents and stated that she had gotten water that had drained over from Elizabeth Street so the problem does expand and affect other streets. She asked what the solutions the developer and attorney's were speaking of so that they could have that discussion. Mr. Storch said that the issue today is ultimately if they have met the criteria for the plat and the recording of the plat; they had not heard anything but anecdotal evidence that there was flooding caused by the hurricane. He reminded Council that part of the criteria is that they are not allowed to provide any additional stormwater off of the site. Mr. Mynchenberg stated that there had been a lot of allegations and issues related to his insurance; he explained that he is a professional engineer with four (4) professional engineers working for him. They have designed a lot of commercial products such as the AutoMall in Daytona, Buccees, and the Tanger Outlet Mall. He pointed out that in addition to his professional license being on the line, there are other professional engineers who are charged with reviewing his firms work. This includes the City Engineer, Volusia County and the St. Johns River Management District; these agencies are there to make sure that there is no flooding of the surrounding neighbors. The residents are correct that Page 8City of Edgewater Printed on 8/1/2023

March 6, 2023City Council Meeting Minutes there is a slope that does flow towards them but the rest of the lot that had previously flowed towards them had been redirected to the central retention pond. He gave a brief reasoning for what had exacerbated the flooding. In conclusion; they had to meet a number of criteria; the biggest one is to ensure they aren't flooding adjacent property owners. They had a 50% additional stormwater requirement that they had met; they also provided approximately 90% more lake volume than what is required. Mr. Mynchenberg stands behind the design. Mr. Storch presented to Council a Certificate of Completion issued from the City stating that the infrastructure is in compliance. He understands that people are concerned but referenced what Mr. Martin stated; there are issues that need to be brought up to the County as it is their responsibility to maintain the stormwater where these residents live and they have failed to do so. He explained that he has worked with people in the past to create a special taxing district that will help create these stormwater areas; he would like to find solutions but ultimately he is not an engineer. He wants everyone to work together and help solve the problems but the problems are not caused by the development; they did not cause any additional stormwater to flow onto the residents lots. Mayor Depew asked for Council comments. City Attorney Wolfe reiterated what it states in the Code about final plat approval. Councilman Powers asked who ultimately had the authority over stormwater; Mr. Irby said that it was St. Johns River Management District. Councilman Powers then explained that as a Council they made quasi-judicial decisions; they make decisions in place of a judge. If Council doesn't make this decision, a judge will make it for them. It's a legal proceeding. Councilwoman Dolbow stated by law, all conditions have been met. They have checked all the boxes; they aren't boxes the current Council created but they have to stand by them regardless. Going forward, they have the ability to look into things and make some changes but for right now, they have to abide by the law. If they were to take this to court, it would end up costing millions of dollars. Councilwoman Bennington said she understands where the residents are coming from but they cannot stop a project once it has gone past a certain point. She also reiterated that a lot of these problems are the responsibility of the County; the blame isn't all on Edgewater. She expressed disappointment for how disruptive and disrespectful the meeting had gotten. She stressed that if they denied this plat; the City would open themselves up to a lawsuit and the residents who live in the County won't have to help pay for it; the people who live in the City of Edgewater would. She asked for patience and understanding as they have to approve this plat. Mayor Depew shared difficult times that his family had faced during the hurricane and said that he made it a point to inspect all the new developments going into town. He had found a couple issues that had since been resolved. He mentioned Council having a meeting to discuss the Land Development Code to see what direction they want the City to move in and encouraged everyone to attend. He promised to personally come to Elizabeth Street and talk to the residents there about their Page 9City of Edgewater Printed on 8/1/2023

March 6, 2023City Council Meeting Minutes current issues. Councilwoman Bennington said that as soon as they could get it organized; they would have the meeting and everyone is welcome to join. City Clerk Zlotnik clarified that there is a workshop for the Land Development Code and it is separate from the visioning session. A motion was made by Councilwoman Bennington, second by Councilman Powers, to approve the Plat. The MOTION was APPROVED by the following vote: Yes: Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers3 - No: Mayor DePew1 - Excused: Councilwoman Gillis1 - d. ZA-2301 - Joseph Posey, requesting an amendment to the Riverside Villas Planned Unit Development (RPUD) Agreement and the accompanying preliminary plat. The applicant has requested this item be continued to the April, 2023 City Council Meeting. A motion was made by Councilwoman Bennington, second by Councilwoman Dolbow, to continue this to the April 2023 meeting. The MOTION was APPROVED by the following vote: Yes: Mayor DePew, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 4 - Excused: Councilwoman Gillis1 - 11. OFFICER REPORTS a. City Clerk City Clerk Zlotnik reported to Council that the April meeting is being moved from the 6th to the 10th; she asked and received consensus at the request of the Mayor to implement an exceptional citizen or business award program. Mayor Depew stated that the High School does a youth Council and had approached him to add a vision next year to the City of Edgewater; he had already spoken to Mr. Irby about it but wanted Councils support. Council agreed, expressing support. Ms. Zlotnik informed Council that the Clerks office currently has 175 open public records request; 167 of those are possibly from the same individual. These requests are for personnel files; policies; emails and call logs so they are extremely time consuming. They have completed 179 requests since January 1st but altogether for 2023; they have received 354 requests. In comparison, in 2022 the Clerks office had only received 449 requests for the whole year. Page 10City of Edgewater Printed on 8/1/2023

March 6, 2023City Council Meeting Minutes She asked Council to keep in mind that she does not have an employee whose sole job is to complete these requests. They are doing their best to complete the requests while maintaining their other duties. She reminded Council to let her know if they would like to attend the Volusia League of Cities dinner on Thursday, March 23rd. b. City Attorney City Attorney Wolfe provided an update on the foreclosure for 1859 Pine Tree Drive and the Ingles vs. The City of Edgewater case. Mr. Wolfe asked Council for their authority to file a new lawsuit regarding a bid made for the Hart Avenue Drainage Water Main Improvement project. Councilman Powers clarified that the insurance had nothing to do with it because it was not liability; Mr. Wolfe agreed that it didn't relate to the City's insurance company, they are making a claim against the bonding company that issued the bid bond. Mr. Wolfe does not believe it will be resolved without litigation. Councilman Powers asked if the project would have to be re-bid; Mr. Wolfe said the original contract had already been canceled and awarded to the next lowest bid. The issues with the original bid did cause the City damages; it delayed the public project and cost additional staff time. A motion was made by Councilman Powers, second by Councilwoman Bennington, to approve filing a lawsuit on the Bid Bond. The MOTION was APPROVED by the following vote: Yes: Mayor DePew, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 4 - Excused: Councilwoman Gillis1 - c. City Manager City Manager Irby provided an update on the 442 property; he said that there would need to be a special meeting so Council can accept the proposals for said property. Council agreed to tentatively schedule the meeting for the 9th. 12. CITIZEN COMMENTS Faye Hilton,1710 India Palm Drive, expressed concerns over the lack of maintenance over drainage in Edgewater. Mayor Depew explained that those things take time and money; it's being worked on. Annaleigh Jaildagian,1756 Elizabeth Street, thanked Council for their time and apologized for disruptions. She clarified that she didn't hold the City responsible, just the developer and asked for clarification over some legalities involving the development. Mayor Depew assured her he would come out to speak to her and neighbors. Page 11City of Edgewater Printed on 8/1/2023

March 6, 2023City Council Meeting Minutes Jeremy Oranje,1718 Elizabeth Street, apologized for disruptions during the meeting and expressed his concerns for his home and future flooding being impacted by the development. 14. ADJOURN There being no further business to discuss, Mayor Depew adjourned the meeting at 8:33 pm. Minutes respectfully submitted by: Monique Toupin, Assistant to the City Clerk. Page 12City of Edgewater Printed on 8/1/2023