Edgewater City Council votes 3-2 to keep moratoriums, defying state's SB 180 mandate
Mayor Diezel DePew and Councilmembers Eric Rainbird and Charlotte Gillis voted to keep the moratorium; Councilmembers Mike Thomas and Debbie Dolbow opposed.
The decision comes after weeks of deliberation. The board split the same way during the ordinance's first reading. At that time, councilmembers approved a motion for a special meeting to continue the discussion.
City Council members who supported keeping the city's moratoriums echoed the vast majority of Edgewater residents' opposition to the new state law. Rainbird and Gillis made emphatic and emotional statements about protecting residents, even if it means challenges could be on the way for the city.
Several Edgewater residents and some from surrounding cities spoke in near unison against the new state law and urged council members to keep the moratoriums.
Previous coverage: Edgewater residents, city council blast SB 180 requiring end to development moratorium
Thomas and Dolbow argued that they are bound to uphold state and federal law, as they swore to upon taking office. They also voiced concerns about how SB 180 will affect Edgewater residents but suggested the city explore other ways of handling the law instead of ignoring it altogether.
The City Council in January adopted two moratorium measures — one stopping issuance of building permits in the Florida Shores Drainage Basin if the project would add an impervious surface, and another placing a temporary moratorium on annexations, rezoning, amendments to approved Planned Unit Developments (a type of zoning agreement), Comprehensive Plan amendments, site plans and preliminary and final plats.
SB 180, dubbed simply "Emergencies," passed both chambers with just one "no" vote. The law claims to protect homeowners who — following natural disasters such as hurricanes — want to rebuild but may face difficulties posed by local government restrictions.
Gov. Ron DeSantis signed SB 180 into law in June, prompting Edgewater and other cities to start the process of repealing existing ordinances, thus putting the state's mandate at odds with the vast majority of residents and city officials who want the flood-stricken city to be better equipped against the yearly threat of heavy storms.
City attorney suggested abiding by SB 180's mandate
City Attorney Aaron Wolfe provided an overview of SB 180 and what it means for Edgewater.
Beyond the law's prohibitions, Wolfe pointed out the new law 'provides for private enforcement action,' meaning 'any city resident or business owner in the city can file suit to enforce SB 180.'
'One compelling reason to repeal the moratoria ordinances is the potential for lawsuits being filed against the city,' Wolfe told the board. 'The city would have to pay all the attorney's fees and costs in those lawsuits. There could be dozens or hundreds of lawsuits filed against the city. It could actually become a cottage industry of attorneys suing Edgewater over SB 180. The cost of that could be very, very substantial to the city.'
Part of the new law prohibits municipalities from 'proposing or adopting any moratorium on construction, reconstruction, or redevelopment of any property,' either damaged by Hurricane Debby, Hurricane Helene and Hurricane Milton, or 'more restrictive or burdensome regulations or procedures pertaining to land development,' according to the state.
These provisions apply until Oct. 1, 2027, and are applied retroactively to Aug. 1, 2024.
In addition, Wolfe said rejecting the state's mandate could open the door for the governor to explore the option of removing councilmembers from office.
'An ethics complaint could be filed against city council members for failing to follow state law,' he said. 'There is also the potential that the government could suspend or remove any city councilmember who violates state law – that could be considered misfeasance or malfeasance.'
Wolfe concluded by recommending that the board repeal the city's moratoriums.
Residents denounce SB 180, urge City Council to 'protect' the city's interest
Mandi Bullard, a Florida Shores resident, has seen her neighborhood flood several times over the past few years, and while her house has been spared due to it being on a hill, her neighbors have faced the worst.
She called SB 180 an 'overreach' by the state and urged the City Council to explore all legal options to fight the new state law and keep the moratoriums in place.
'Your seats are ineffective and powerless if you do not fight it,' Bullard argued. 'If your biggest worry is being removed, you're effectively being removed by doing nothing.'
She also encouraged the board, as did several other residents, to join in an ongoing effort from South Florida attorney Jamie Cole, of Weiss Serota Helfman Cole + Bierman law firm, who is organizing a coalition of municipalities affected by SB 180 to fight the new law in court.
'We want people that fight for us,' Bullard said. 'We fight for you, so please join the coalition and keep our moratorium.'
Gina Holt said she didn't vote 'for one of those guys in Tallahassee.'
'I haven't voted for any of them in a very long time, because they don't know what they're doing,' Holt said. 'I don't think they care about Volusia County. These are lawyers, and they did a lousy, lousy job writing this bill.'
She said the new law 'needs to be amended,' and the city needs to 'stand up, join the coalition, and put the pressure back where it belongs.'
A local effort is also underway to try to amend the bill, as the Volusia County Council earlier this month voted unanimously to recommend changes to SB 180 through lobbyists.
In short, the county's recommended changes would make the state law apply only to hurricane-damaged properties instead of the entire county.
Volusia County Council Chairman Jeff Brower attended the Edgewater City Council Aug. 18 meeting and also urged the board to keep its moratoriums.
Edgewater City Council voices intent to join legal challenge against SB 180
During his remarks, Mayor DePew pointed out the large support for the moratorium, both from the board and residents.
'It's not in my nature just to stand down and not fight,' he said. 'I think we need to fight, we need to work with our state legislators.'
He asked for consensus supporting the county's amendment initiative and for the city to join the coalition of municipalities challenging SB 180. While other members gave consensus, there was no official vote toward these measures.
Wolfe also recommended the city join the coalition.
Councilman Rainbird said he has not heard from any resident asking him to repeal the moratoriums.
'And hearing these people tell me that they are behind us, I still stand by what I said before: If I get removed, I'll walk through this town with my head held high,' Rainbird said.
Gesturing toward the audience, he added: 'I work for you. I'll never forget I work for you.'
Councilwoman Gillis said it was 'inspiring' to see residents speak during the meeting.
'I know the rest of the state is watching us and they want to see what we do,' she said. 'And I don't think we can buckle.'
Councilman Thomas, while acknowledging SB 180 could negatively impact the city, said he felt 'there is no choice in this matter.'
'When I put my hand on that Bible, and I swore to uphold city law, county law, state law and federal law, then I'm bound to that,' Thomas said. 'There is no way around it.'
Thomas said the city should join the coalition and 'do the fight right.'
'I think (SB 180) can be beat,' he said.
News-Journal reporter Sheldon Gardner contributed to this report.
This article originally appeared on The Daytona Beach News-Journal: Edgewater defies state law SB 180 to repeal building moratoriums
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