03-19-1990 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
MARCH 19, 1990
MINUTES
CALL TO ORDER
Mayor Mitchum called the meeting to order at 7:03 p.m. in the Community Center.
ROLL CALL
Mayor David Mitchum
Councilman Dan Hatfield
Councilmember Gigi Bennington
Councilman Russell Gold
Councilman Thomas Fish
City Attorney Jose' Alvarez
City Manager Elly Johnson
City Clerk Susan Wadsworth
Chief Lawrence Schumaker
Present
Present
Present
Excused
Present
Present
Present
Present
Present
INVOCATION. PLEDGE OF ALLEGIANCE
Reverend Dr. Tee, Edgewater Union Church, delivered the invocation. There was
a pledge of allegiance to the Flag.
APPROVAL OF MINUTES
Special Meeting of Februarv 28. 1990 - Councilman Fish moved they accept the
minutes of February 28th. Councilmember Bennington seconded the motion. Motion
CARRIED 4-0.
Regular Meeting of March 5. 1990 - Councilman Hatfield moved they accept the
minutes of March 5th. Councilman Fish seconded the motion. Motion CARRIED
3-1. Councilmember Bennington voted No as she was excused from that meeting.
CITIZEN COMMENTS
Mayor Mitchum advised there will be a three minute time limit unless Council
wishes otherwise.
John Siburn stated the Sea Treasure is a plus for Edgewater and they keep it neat
and all they want to do is put an addition for people to eat there. He said
there's a hydrant directly across from Evergreen and they're not going to
increase the cooking facilities. He pointed out there are 24 apartments in a
2-story building up the street with a fire hydrant on the other side of the
street and where there's continuous human habitation is more of a problem. He
added the Police Department does a good job and responds quickly and they can
stop traffic at each end of the street and reroute it. He said it will take
about 6 lengths of hose.
Norm Billups, 1860 Pine Tree, Florida Shores, reviewed his past experience in
the sewage treatment industry and his contact with a doctor who was a professor
and consultant sanitary engineer at John Hopkins University. He suggested
someone contact John Hopkins to get information and perhaps employees to come
here. He said they need someone capable and educated to ride herd on the CIP.
Councilman Fish asked if he's referring to an engineer to manage construction
because they're in the process of looking for a full time City Engineer. Mr.
Billups replied yes. and that should be done by telephone or writing a letter.
Henrv Dardinski, 2704 Sabal Palm, stated the family at Sea Treasure came from
Brazil. they're hard working, it's a very clean business, and their food is
excellent. He said the City can overlook this because it won't create any hazard
for their customers. Mr. Dardinski stated the February 5th agenda had a request
from the Public Works Director to go out for bids to resurface Riverside and
Flagler and at the last meeting the consulting engineers stated the sewer gravity
pipes on Rivers i de were co 11 aps i ng. Mr. Johnson exp 1 a i ned the 1 i nes were
repaired now and when it was originally put in, it wasn't compacted properly.
He said Flagler and a couple of others were with problems. Mr. Dardinski stated
the manholes were elevated for a long time. Mr. Johnson again stated they've
been repaired where they'd collapsed and now they're ready to be resurfaced.
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CITIZEN COMMENTS (Continued)
George Ewing, 2923 Royal Palm, stated he finds inconsistencies with figures that
were quoted here and those in the newspapers, and Stan Livengood of Raymond James
quoted figures of 7.3 million for bonds and loans for the CIP with $7.3 million
State loan at 4.25%, $6.68 million at 4.25%, and $12.2 million financed on water
and sewer revenue at 7.25%. He reviewed the monthly figures for low pressure
and gravity. He said the newspaper's figures will confuse taxpayers when the
referendum comes up and they need correct figures so the citizens can make a just
decision on gravity or low pressure. Mayor Mitchum called time and Council
members greed to let him continue. Mr. Ewing said the total cost according to
Raymond James was $26 million and they agreed to $15 million G.O. bonds. He said
he hopes they're going to use the 7-1/2% for low pressure and 4.25 for gravity
and they should be taking the total amount for all the bonds and loans and
averaging them out to have the same interest payment on low pressure and gravity.
He asked if they'll get correct figures before the referendum because it will
have a great bearing on it. Councilman Fish replied as soon as they get them,
they'll give them to the citizens. Mr. Johnson clarified the State Revolving
Funds can only be used for sewer and can't be used for water or anything else
and the first part is to be used to build a sewer plant and the second fiscal
year is to be used for the collection system. He added if they change from low
pressure to gravity, they'll probably make the City pay the difference between
the two costs at the higher rate. He stated the total costs from Raymond James
are the latest figures and will be final until the bids go out, but he cannot
control what the press reports. There was brief discussion regarding the news-
paper's responsibilities regarding correct figures. Mayor Mitchum again called
time and Council members agreed to let him continue. Mr. Ewing stated they
charge $17.93 on a $13 million loan and $31.90 on $17.9 million and they say it's
because of the interest rates. Mr. Johnson explained the difference between the
$17 doesn't pay all the loan back and part of the $17 is to put the line in front
of the house and retrofit, and gravity is $30 and it isn't the full cost related
to sewer and they're not being assessed for the sewer plant.
Cliff Clark, 1818 Evergreen, stated there was no agenda for last Wednesday
night's meeting and it was called for Florida Shores to decide if they want a
low pressure or gravity system and they were there until 10:30 and when most had
left, Council voted on G.O. bonds. He said that was improper. He said there
was $500,000 subsidy for water and sewer in 1987 and it was transferred to the
general fund and they increased sewer rates about $2 a month. He stated that
assessments should be for those that have use of it. He asked how many sewers
were there in 1987. He said utility tax of $7 to $9 a month could be used to
pay $84 a year to get it paid for with G.O. bonds. He asked they reconsider it
and get it out to the people. He said he's paid water and sewer and refuse for
a vacant unit for 5 years.
Doris Hill, Lincoln Road, stated months ago Council decided they'd have a ballot
vote and after getting results of the vote, now they're talking about referendum.
She asked about the legality of it. She stated taxpayers don't necessary vote
and voters don't necessary pay taxes, so why should voters who don't pay taxes
have a vote in this. She said the right system should be up to the 5 Council
as they're the people they voted for and she expects them to do what they think
is right. She stated the referendum isn't right and will cost a lot of money.
CONSENT AGENDA
Public Works Director's request to have refuse transfer station repaired at cost
~2.925 by D&M Welding: Public Works Director's request to purchase mower for
$3.432 under Federal contract for Special Road Maintenance Department: Parks &
Recreation Director's request re: umpires to officiate for 1990 ball season:
Parks & Recreation Director's request to gO out for bids for roofs on Community
Center. transfer funds to cover costs. and left over funds to apply toward Turgot
Ave. workshop: and Planning & Zoning Director's recommendation to amend Section
706 of Zoning Code to increase maximum allowable height for fences in front and
side vards of corner lots from 32" to 48"- Councilmember Bennington asked to pull
item D. re: the Community Center roofs. Councilman Fish agreed. Mayor Mitchum
requested a motion to close the consent agenda. Councilman Hatfield so moved.
Councilman Fish seconded the motion. Motion CARRIED 4-0.
Councilman Hatfield moved they accept the consent agenda.
Bennington seconded the motion. Motion CARRIED 4-0.
Councilmember
2 Council Regular Meeting Minutes
March 19, 1990
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CONSENT AGENDA (Continued)
Parks & Recreation Director's request to gO out for bids for roofs on Community
Center. transfer funds to cover costs. and left over funds to apply toward Turgot
Ave. workshop - Councilmember Bennington asked if the School Board has accepted
our agreement. Mr. Johnson replied yes, and the paper work should be here
tomorrow, with the only thing left to do is preparation of the easement for
Turgot. Councilmember Bennington said she'd seen the proposed plans for the park
but questions if they're ready to start on this site. Mr. Johnson explained they
just want to appropriate the money and when the time comes, they'll come back
to Council, but the roofs are needed. Councilmember Bennington stated she feels
this is premature and they should just address the roofs. Councilman Fish asked
where the money will be transferred from. Mr. Johnson replied it will be a
bookkeeping entry and matter of record to redo the roofs instead of the lights.
Councilmember Bennington asked if it's from impact fees. Mr. Johnson replied
it's regular operating money and there was $12,000 in the budget. Councilmember
Bennington asked if they could use impact money for improvements on this site,
including the slab. Mr. Johnson explained some of the work on Rotary came out
of regular money and about 99% comes from impact fees normally. Councilmember
Bennington moved they approve the transfer of funds to go out for bids for the
two roofs for the Community Center. Mr. Johnson explained money won't be spent
until it comes back to Council for approval and it has to go out for bids and
Council can just appropriate money and the rest will stay in the account until
later on. He added the work place is a very important part of Jack Corder's
operation. Councilman Hatfield said he doesn't see a problem with the
recommendations. Mayor Mitchum said he doesn't see a problem either since it
has to come back to Council. Councilman Fish stated with this money already
budgeted and because it's not coming from impact fees, he'll second the motion.
Councilmember Bennington stated they'll have to come back for more money when
they're ready to do it and they can do it all at once. Motion CARRIED 3-1.
Councilman Hatfield voted NO.
NEW BUSINESS
Presentation of 1989 Financial Report by Arthur Young & Company. the City's
auditing firm - Ms. Linda Lindsey, of the City's auditing firm, distributed
graphs to aid Council as she reviewed the report. She briefly reviewed the
graphs which showed per capita expenditures for the general fund. She pointed
out the 1985 per capita expenditures was $218 and in 1989 it was $284. She
stated the largest growth was in public safety which is consistent with other
governments in Florida. She pointed out figures from 1985 were only franchises
and in 1989 they restructured rates of the water and sewer fund and produce
sufficient water and sewer funds to go toward needs of the general fund. She
said the only other source of income would have been ad valorem tax increase.
She noted water and sewer was able to decrease operating expenses from 1988 to
1989. She stated the refuse fund is in sound condition and a lot of cities have
trouble with that fund. She stated the fund balance was at 17% of the general
fund budget and that's in the range of prudent and reasonable for management of
a city's finances. She stated they're in very good shape.
Councilmember Bennington asked for an explanation on the repurchase agreements
under management comments. Ms. Lindsey explained in the area of investments,
they look at two aspects of risk to the City, one is market risk for those that
could decline in market value, and one is credit risk. She said they don't have
exposure to market risk because they're overnight repurchase agreements and
credit risk has to do with the other party to the repurchase agreement and its
financial soundness and the manner in which the investment is held. She said
there are three ways, first, is to take physical possession of the investment
securities behind the repurchase agreement and you have them in possession and
not your name and you could take them somewhere else and cash them in, a less
secure method but within the realm of reasonable risk, is having the securities
not in your possession but in your name with your third party custodian. You
work with a second bank to keep possession of your securities and hold them on
your behalf. The third is the securities not being in the City's name but in
the bank's name for the ease of trading but not being in the City's custody or
the bank's custody. She explained the reason for the recommendation is to advise
there are stronger methods to be taken to minimize risk and they advised Council
to look at those and talk with the bank and perhaps move them from the third
category to the second or the first. Councilman Fish stated he received this
late Friday and hadn't had a chance to really digest it.
3 Council Regular Meeting Minutes
March 19, 1990
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NEW BUSINESS (Continued)
Jack Dewar, President of The Master1s Prison Ministry, Inc., re: prison problem-
Mr. Dewar stated Edgewater was the first municipality to support their program
in 1988 and since then they've received IRS approval as a tax exempt organization
and now have a building. He pointed out that 85% of the people incarcerated
return to jail in less than 3 years. He asked Council to support a 1 or 2 table
dinner for March 31st at the Daytona Beach Hilton with Jack, Murph the Surf, as
the speaker. He asked Council and their spouses and department heads to attend.
He said they1re hoping their legislators, Jack Ascherl and T. K. Wetherell, and
others, will buy a building for them that will be adequate. He asked Council
to write to them to encourage them to take care of the problem. Mayor Mitchum
explained this organization is involved in a rehabil itation program and they work
directly with the prison system and it would be appropriate. Councilman Hatfield
asked the request. Mayor Mitchum replied it1s a dinner table for $200. Mr.
Dewar explained their program is alternative sentencing with 1st or 2nd offenders
and they hope it will turn people around. Councilman Fish stated a benefit
dinner is an exce 11 ent way to he 1 p support these peop 1 e and he'd 1 i ke to
participate. Councilman Hatfield stated held like to go and it's a viable
a 1 ternat i ve to keep i ng peop 1 e out of ja i 1. Counc ilmember Benn i ngton stated she's
had recent personal experience with the criminal justice system and anything
they do is worth the money and she'd agree with 1 to 2 tables. Councilman
Hatfield moved they reserve the appropriate numbers after polling Department
Heads and Council to see who would like to go to this meeting and order
accordingly. Councilmember Bennington seconded the motion. Motion CARRIED 4-0.
ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS
First Reading:
Ord. 90-0-9 Repealing App. B, Subdivisions, Art. IX, B(ll) re: public sites and
open spaces and creating Sec. 12-5.14. park and open space impact fees - Mayor
Mitchum read this Ordinance. ORD. 90-0-9 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF EDGEWATER, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF
EDGEWATER, BY REPEALING APPENDIX B, SUBDIVISIONS, ARTICLE IX, DESIGN STANDARDS,
B(ll) AND BY AMENDING CHAPTER 12.5, PARKS AND RECREATION BY CREATING ARTICLE III,
SECTION 12.5-14 "PARK AND OPEN SPACE IMPACT FEES" BY PROVIDING FOR PARK AND OPEN
SPACE IMPACT FEES; PROVIDING FOR DEFINITIONS; PROVIDING FOR A FEE SCHEDULE;
PROVIDING FOR OPTIONAL SPECIAL STUDIES; PROVIDING FOR PAYMENT PROCEDURES;
PROVIDING FOR CREDIT PROCEDURES; ESTABLISHING A PARK AND OPEN SPACE TRUST FUND;
PROVIDING FOR REFUNDS; ESTABLISHING FEES AS LIEN ON PROPERTY; PROVIDING FOR
LIBERAL CONSTRUCTION; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bennington moved to adopt
90-0-9. Councilman Fish seconded for discussion, and asked how long it1s been
since they increased the impact fees as it might be a good idea to increase them
as it will help growth to pay for itself. Councilmember Bennington stated it1s
a more equitable way to do it and it's based on bedrooms. Motion CARRIED 4-0.
Ord. 90-0-10 Late night business (replacing Ord. 90-0-1 re: convenience store
robbery prevention) - Mayor Mitchum read this Ordinance. ORD. 90-0-10 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER
12, "OFFENSES AND MISCELLANEOUS PROVISIONS" OF THE CODE OF ORDINANCES OF THE CITY
OF EDGEWATER, FLORIDA, BY CREATING ARTICLE I II, SECTION 12.6 ENTITLED "LATE NIGHT
BUSINESSES" BY ESTABLISHING SECURITY MEASURES INCLUDING TRAINING, AND LIGHTING
REQUIREMENTS; ESTABLISHING A RIGHT OF ENTRY FOR INSPECTIONS; ESTABLISHING
PENALTIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE. Councilman Hatfield moved they accept Ordinance 90-0-
10. Counci lmember Bennington seconded the motion. Counci 1 member Bennington
asked how they'd implement item 8 regarding installation of a security camera
of a type and number approved by the city manager or his designee and inspection
to be sure it's maintained. Mr. Johnson replied most inspections will be done
by City staff and it could be the Code Enforcement Officer and these are
standards throughout the system. Councilmember Bennington asked if these were
agreed to at the meetings. Mr. Johnson replied he and the City Attorney met with
the late night business representatives and the Police Chief and they decided
this is the best approach and the first step and if they have problems, they
can come back later. He said there are visual standards, amount of cash in the
store, and a drop safe and when the ordinance is passed, people will be put on
notice and inspections will be made. Councilmember Bennington stated this is
100% better than the first one. She asked about item 9, for the course in
robbery prevention to be approved the Police Department or a program certified
by the City Manager. Mr. Johnson replied each company has a program that's the
same and they'll work with them as they train each person.
4 Council Regular Meeting Minutes
March 19, 1990
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ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS
First Reading:
Ord. 90-0-10 Late night business (replacing Ord. 90-0-1 re: convenience store
robbery prevention) Councilmember Bennington said items 1 and 2 seem
contradictory with signs to be posted with unobstructed view and locating sales
areas so clerks and customers are clearly visible from the street. She noted
it's not their intention to require any existing business or store to reconstruct
or retrofit its building unless remodeling occurs. Mr. Johnson asked if a
business is not in compliance, can you make them remodel or change the business
they have to bring it up to Code. City Attorney Alvarez stated that provision
was placed there by representatives of the stores. Councilmember Bennington
expressed concern with enforcement. City Attorney Alvarez said they can provide
an amortized provision of time for him to come into compliance. Councilmember
Bennington referred to a nearby store that has visibility blocked. She asked
if they'll notify every business of this and give them 6 months to comply but
what about a case where a business is not a night business but decides to go into
the night business. Mr. Johnson replied publicity will be out and when people
come in to renew their 1 icenses, they'll be aware of it. There was brief
discussion regarding the types of businesses under the definition of IIlate night
businessesll and the possibility of others changing to late night. Mr. Johnson
noted that all the convenience stores have been put on notice. Councilmember
Bennington said they need to make businesses aware of this because she doesn1t
want it to be like the outdoor display ordinance. She added they need to keep
the businesses informed about changes that might affect them. She asked if they
can make an amortization provision. City Attorney Alvarez replied the figures
will have to be computed so the value of fine would be amortized otherwise it
would be a deprivation without due process.
Councilman Fish stated he felt the other ordinance should be enacted and it had
more teeth. Mr. Johnson explained they met with the people and made a
recommendation and did not intend to dilute it and he and the Chief felt this
was stronger. He added if they have the 2-clerk ordinance, they still need this
ordinance and the standards are increased in this over the other. Councilman
Hatfield stated the County's in the process of doing the same thing and he's
read it's very similar to what welre doing and if there are any more stringent
requirements, then with our Home Rule Charter weill have to make the changes.
Motion CARRIED 3-1. Councilman Fish voted NO.
Ord. 90-0-11 Amending Sec. 11-7 IICertificate of Competencyll by increasing
competency card fees by $2.00 as of September 1. 1990 - Mayor Mitchum read this
Ordinance. ORD. 90-0-11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AMENDING SECTION 11-7 IICERTIFICATE OF COMPETENCY; REQUIRED
FOR CERTAIN OCCUPATIONS, FEESII OF THE CODE OF ORDINANCES OF THE CITY OF EDGE-
WATER, FLORIDA, BY PROVIDING FOR AN INCREASE OF TWO ($2.00) DOLLARS FOR ALL
COMPETENCY CARD FEES EFFECTIVE SEPTEMBER I, 1990; CONTAINING A REPEALER PRO-
VISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman
Hatfield moved they accept Ordinance 90-0-11. Councilmember Bennington seconded
the motion. Motion CARRIED 4-0.
Councilman Hatfield requested a recess. Mayor Mitchum recessed the meeting at
8:19 p.m. He called the meeting back to order at 8:27 p.m.
Mayor Mitchum suggested they move Unfinished Business regarding Sea Treasure up
to this point on the agenda. No Council member expressed an objection.
UNFINISHED BUSINESS
Report on Sea Treasure Seafood Addition. 109 Evergreen (Tabled March 5. 1990) -
Mr. Johnson stated Council directed staff to try to resolve the problem at Sea
Treasure and they're recommending the cost to Mr. Olijnyk would be $1,200. He
added his attorney has written they'd agree to that and the City will put the
811 line in and tie it in and probably bore under U.S. 1. He noted it will expand
the fire service to the area and they hope to have a recommendation in the next
month on how to handle it. Councilman Fish so moved to take it from the table.
Councilman Hatfield seconded the motion. Motion CARRIED 4-0.
Mayor Mitchum asked Attorney Mark Hall if he's in agreement. Mr. Hall replied
yes, they've come to substantial accord and his recommendation on when the money
is to be paid is when the building permit is pulled as a condition to pulling
it and he thinks the City staff supports this. Councilman Fish asked if that's
acceptable. Mr. Johnson replied yes.
5 Council Regular Meeting Minutes
March 19, 1990
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UNFINISHED BUSINESS (Continued)
Report on Sea Treasure Seafood Addition. 109 Evergreen (Tabled March 5. 1990)
(Continued) - Councilmember Bennington asked if that includes fire sprinklers.
Mr. Johnson replied no, it doesn't require sprinklers with hydrants. Councilman
Fish stated we're putting int he line for that area and helll pay for the expense
to his building. Mayor Mitchum agreed. Councilman Fish moved to accept their
recommendation. Councilman Hatfield seconded the motion and thanked Mr. Hall
and the City staff for their diligence on this. Motion CARRIED 4-0.
ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued)
First Reading:
Ord. 90-0-12 Amending Chapter 9. Art. II. IIPurchase and Sale Procedurell. Sec.
9-22. 9-24. 9-26. and 9-27 by increasing $3.000 limit to $5.000 and Sec. 9-28
by increasing $2.000 limit to $3.000 - Mayor Mitchum read this Ordinance. ORD.
90-0-12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA,
AMENDING CHAPTER 9, ARTICLE II, IIPURCHASE AND SALE PROCEDURE II SECTIONS 9-22, 9-
24, 9-26, AND 9-27 BY INCREASING THE THREE THOUSAND DOLLAR LIMIT TO FIVE THOUSAND
DOLLARS, AND SECTION 9-28, BY INCREASING THE LIMIT FROM TWO THOUSAND DOLLARS TO
THREE THOUSAND DOLLARS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish stated he sees no problems
with the limits they have and thinks Council should play some part of the role
in expenditures of funds and $5,000 is a lot of money and he moved they reject
ordinance 90-0-12. Councilmember Bennington agreed with Councilman Fish that
Council needs to be able to know what the money's being spent on and she hasn't
seen any problem with limits as they are and she seconded the motion. Motion
CARRIED 3-1. Councilman Hatfield voted NO.
Res. 90-R-13 Appointing one member to Beautification Committee to replace Paul
Giatteno - Councilman Fish nominated John Gross. Councilmember Bennington
nominated John Antienowicz, noting she'd talked with him and held applied for
other boards but held be very interested in this Committee and is a landscaper.
Councilman Hatfield stated he'd talked with the Beautification Committee and
asked them to call some of the people who had applied and the Chairman has
recommended Felicia Ver Way so he's nominating her. Mayor Mitchum concurred with
Councilmember Bennington. Roll call on John Antienowicz DID NOT CARRY 2-2.
Councilman Fish and Councilman Hatfield voted NO. Roll call on John Gross DID
NOT CARRY 1-3. Councilman Fish, Mayor Mitchum, and Councilmember Bennington
voted NO. Roll call on Felicia Ver Way CARRIED 3-1. Councilman Fish voted NO.
Mayor Mitchum read the Resolution. RES. 90-R-13 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE
BEAUTIFICATION COMMITTEE OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM
OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He
inserted the name of Felicia Ver Way for a term to end June 5, 1990. Council-
member Bennington moved they accept 90-R-13. Councilman Hatfield seconded the
motion. Motion CARRIED 4-0.
Res. 90-R-17 Appointing four members to Building Trades Regulatory and Appeals
Board due to expiration of terms of current members - Councilmember Bennington
nominated Robert Howard, Les Ogram, Doug Cole, and Lester Yarnell, noting three
are on the Board now and Mr. Howard is an architect. Councilman Fish stated he
didn't have an opportunity to contact all these people over the week-ends and
has no nominations. He asked if they should maintain a screening committee
because they're getting bogged down on these. Councilman Hatfield stated he
liked all four that Councilmember Bennington nominated. Mayor Mitchum nominated
Gary Butt. Councilmember Bennington stated they have two openings on April 20th
also and she'd like to see Gary Butt on it. Roll call on Gary Butt DID NOT CARRY
1-3. Councilman Fish, Councilman Hatfield, and Councilmember Bennington voted
NO. Councilman Fish stated hels voting NO because he had no opportunity to talk
with them. Roll call on Doug Cole CARRIED 3-1. Councilman Fish voted NO. Roll
call on Robert Howard CARRIED 3-1. Councilman Fish voted NO. Roll call on Les
Ogram CARRIED 3-1. Councilman Fish voted NO. Roll call of Lester Yarnell
CARRIED 3-1. Councilman Fish voted NO.
Mayor Mitchum read the Resolution. RES. 90-R-17 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING FOUR MEMBERS TO THE
BUILDING TRADES REGULATORY AND APPEALS BOARD OF THE CITY OF EDGEWATER, FLORIDA;
6 Council Regular Meeting Minutes
March 19, 1990
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ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued)
First Reading:
Res. 90-R-17 Appointing four members to Building Trades Regulatory and Appeals
Board due to expiration of terms of current members (Continued)- PROVIDING FOR
TERMS OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING
ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He
read the names of Doug Cole, Robert Howard, Les Ogram, and Lester Yarnell for
three year terms to end February 16, 1993. Councilman Hatfield moved they accept
Resolution 90-R-17. Councilmember Bennington seconded the motion. Motion
CARRIED 4-0.
Res. 90-R-18 Appointing one member to Land Development & Regulatory Agency due
to John Wells I declining of appointment - Counci lman Hatfield nominated Ron
Hildenbrand. Councilman Fish and Councilmember Bennington agreed and there were
no other nominations. Councilman Hatfield moved they accept Resolution 90-R-18
with Ron Hildenbrand1s name inserted in it. Councilman Fish seconded the motion.
Mayor Mitchum read the Resolution. RES. 90-R-18 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE LAND
DEVELOPMENT AND REGULATORY AGENCY OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING
FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES;
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE
DATE. He inserted the name of Ron Hildenbrand for a three year term to end March
7, 1993. Motion CARRIED 4-0.
Res. 90-R-19 Appointing one member to Merit Board due to resignation of Marvin
Owens - Councilman Hatfield stated they only have one resume and they might wait
for additional resumes. Councilman Hatfield moved to TABLE it and advertise.
Councilman Fish seconded the motion. Motion CARRIED 4-0.
Res. 90-R-20 Increasing number of Police force by adding one Police officer and
two auxiliary - Mayor Mitchum read the Resolution. RES. 90-R-20 - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO SECTION 39
OF THE CHARTER OF THE CITY OF EDGEWATER, FLORIDA, INCREASING THE NUMBER OF POLICE
OFFICERS IN THE POLICE DEPARTMENT OF THE CITY OF EDGEWATER BY ADDING ONE POLICE
OFFICER AND TWO AUXILIARY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE. Counci lman Fish moved they accept 90-R-20.
Councilmember Bennington seconded the motion. Motion CARRIED 4-0.
Res. 90-R-21 Reducing Beautification Committee membership from 7 to 5 - Mayor
Mitchum read the Resolution. RES. 90-R-21 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EDGEWATER, FLORIDA, AMENDING RESOLUTION NO. 89-R-45, BY PROVIDING
FOR A FIVE (5) MEMBER CITY OF EDGEWATER BEAUTIFICATION AD HOC COMMITTEE;
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE
DATE. Councilman Hatfield moved they accept Resolution 90-R-21. Councilmember
Bennington seconded the motion. Motion CARRIED 3-1. Councilman Fish voted NO.
Res. 90-R-22 Granting FPL a 20 ft wide easement to supply electric service to
Whistle Stop Park complex - Mayor Mitchum read the Resolution. RES. 90-R-22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, GRANTING A
10 FEET WIDE BY 120 FEET LONG EASEMENT FOR ELECTRIC SERVICE AT WHISTLE STOP PARK
TO FLORIDA POWER AND LIGHT CO.; PROVIDING FOR ADVERTISEMENT BY TITLE; CONTAINING
A REPEALER PROVISION AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved
they accept 90-R-22. Councilmember Bennington seconded the motion. Motion
CARRIED 4-0.
Res. 90-R-23 Calling for special referendum in Florida Shores area to select
between low pressure wastewater collection system or gravity wastewater
collection system - Mayor Mitchum read the Resolution. RES. 90-R-23 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CALLING FOR
A REFERENDUM ELECTION IN THE FLORIDA SHORES AREA TO SELECT BETWEEN A LOW PRESSURE
WASTEWATER COLLECTION SYSTEM OR A CONVENTIONAL GRAVITY WASTEWATER COLLECTION
SYSTEM; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN
EFFECTIVE DATE. City Clerk Wadsworth read the March 19, 1990, letter from
Katherine Odham, Supervisor of Elections, to Susan Wadsworth, City Clerk: "Due
to the Countywide Special Tax Election to be held on May 1, 1990 and the
preparation involved, it is impossible to have the City of Edgewater voter
records available showing the eligible voters in Florida Shores affected by the
sewer question, as requested. Therefore, in accordance with Section 100.151,
Florida Statutes, the earliest date available to hold the election would be June
26, 1990 as it is a major project to determine who shall be eligible to vote and
7 Council Regular Meeting Minutes
March 19, 1990
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ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued)
Res. 90-R-23 Calling for special referendum in Florida Shores area to select
between low res sure wastewater collection s stem or ravit wastewater
collection system Continued) who shall not be eligible to vote in the
election.1I Mayor Mitchum suggested that as a Council they confront Mrs. Odham
and tell her our time table with the SRF loan and the money to be saved over the
years. Councilman Fish agreed with Mayor Mitchum that it's doesn't seem
reasonable and there has to be a way to have the referendum before the end of
June as that's a ridiculously long time frame. Mayor Mitchum asked Mr. Stan
Livengood to explain the time restriction.
Mr. Stan Livenoood, Raymond James & Associates, stated many important tasks have
be done after the referendum and he's not prepared to say itls impossible if it's
the end of June. Mayor Mitchum asked the latest date to hold it and everything
can connect. Mr. Livengood stated there's a meeting scheduled this Thursday with
DER and experts in the consulting engineer's office and they expect to have a
full chronology and come up with a path leading to the point when the City will
execute the agreement. He added one major activity is the assessment, the second
is this referendum, and the third is the engineering plans and specifications.
He noted they'll be in a position after Thursday to give an answer. Councilman
Hatfield asked if they call a special meeting for next Monday, could they hold
off the resolution until then. Mr. Livengood replied they could be back next
Monday with results of the meeting and a date of IIno later thanll. Councilman
Hatfield asked if they as the City staff could impress the urgency upon Mrs.
Odham. Mayor Mitchum suggested Councilmember Bennington could head a delegation
to talk with Mrs. Odham and advise her where we stand and perhaps with the City
Manager and whoever else. Councilmember Bennington agreed to meet with Mrs.
Odham but noted she wasn't sure how successful she'd be. Mr. Livengood suggested
if it's a matter of resources perhaps the City could propose to provide
assistance through the City Engineer or the Clerk's office. Mrs. Wadsworth
explained Mrs. Odham has the voters registered by the people's names and district
and doesn't have the resources to pull it up by address and she'd have to pull
up names of 4 of the 5 precincts and each registered voter would have to be
pulled to see which ones would not be able to vote because they have sewer.
Councilmember Bennington suggested our City staff could do it with our list.
City Attorney Alvarez stated held spoken with Mrs. Odham on Friday and she was
agreeable to an election date of May 8th provided the City would provide her with
necessary support in terms of manpower and research so this task can be
accomplished to find who the voters would be. He added he wasn't in the position
to offer her that support without Council's approval, and the letter explains
it's a major project to determine who will or will not be eligible to vote and
she lacks the resources, meaning the human resources. He suggested they can hire
temporary help and some of the City personnel and have citizen volunteers from
the different organizations who are interested in this project and perhaps a
better date could be agreed upon. Mayor Mitchum stated Council could send a
message to Mrs. Odham that weill cooperate in any way and time is of the essence
because of the State Revolving Funds and we can offer to provide information in
any way we can. Councilmember Bennington suggested they ask Mrs. Odham what we
need to do in the nature of manpower. Councilman Hatfield stated they need as
much information as possible from Mrs. Odham or get her here Monday night if
she'd come.
Councilman Hatfield moved to TABLE until Monday night for a special meeting
Resolutions 90-R-23 and 24. Councilman Fish seconded the motion. Motion CARRIED
4-0.
Mayor Mitchum suggested a motion to direct the City Clerk to do whatever is
necessary for Katherine Odham and Councilmember Bennington to act as head of the
committee. Councilman Hatfield moved they do that and find out just what we need
to do and aid them. Councilman Fish asked them to bring it back on Monday and
then seconded the motion. Councilman Hatfield clarified his motion to be
Councilmember Bennington and Mrs. Wadsworth act as a committee to go to Mrs.
Odham and find out any necessary work the City needs to do to move this thing
along. Councilmember Bennington suggested authorization to commit funds up to
$3,000 if necessary to get this moving. Councilman Hatfield suggested they look
at this Monday night. City Attorney Alvarez explained if they meet with Mrs.
Odham tomorrow and there's a lack of funds committed, that may delay the work
they could be doing during this week. Councilman Hatfield included that as part
of the motion. Councilman Fish seconded the motion.
8 Council Regular Meeting Minutes
March 19, 1990
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ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued)
Res. 90-R-23 Calling for special referendum in Florida Shores area to select
between low pressure wastewater collection system or gravity wastewater
collection system (Continued) City Attorney Alvarez asked Mr. Dan Livermore, bond
counsel, if the funds utilities for these personnel can be capitalized in the
exiting bond monies from the BAN. Mr. Livermore replied he's not sure about
using money from the notes. City Attorney Alvarez asked the source for funds.
Mr. Johnson replied from unappropriated funds, if Council desires.
Mr. Livermore suggested if they could convince the Supervisor to do it May 8th,
this could save having a meeting and could adopt the resolutions now with the
date for the 8th and if it doesnlt work out, you can repeal these resolutions
and have another resolution and call for a new date. He added you wouldn't
advertise until you know the date. City Attorney Alvarez pointed out Section
100.151 provides that counties or municipalities shall not call a special
election until notice is given to the Supervisor of Elections and his consent
obtained as to the date, and as of right now there's no consent but it could be
if the agreement is reached. He suggested the motion make it contingent on the
Supervisor of Elections agreeing to change the date. Mr. Livermore stated the
effective dates of the resolutions would be the dates you get it approved from
the Supervisor of Elections. Motion CARRIED 4-0.
Mayor Mitchum asked if they want to take the reso 1 ut ions off the tab 1 e.
Councilman Fish said held like to have it taken care of tonight. Councilman
Hatfield moved to remove it from the table. Councilman Fish seconded the motion.
Motion CARRIED 4-0.
Res. 90-R-23 Calling for special referendum in Florida Shores area to select
between low pressure wastewater collection system or gravity wastewater
collection system - Mayor Mitchum again read the Resolution - RES. 90-R-23 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CALLING FOR
A REFERENDUM ELECTION IN THE FLORIDA SHORES AREA TO SELECT BETWEEN A LOW PRESSURE
WASTEWATER COLLECTION SYSTEM OR A CONVENTIONAL GRAVITY WASTEWATER COLLECTION
SYSTEM; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN
EFFECTIVE DATE. He added the date of May 8th for the referendum. Councilman
Fish moved they adopt 90-R-23. Mayor Mitchum passed the gavel to Acting Mayor
Fish and seconded the motion. Councilman Hatfield stated helll vote no because
the entire City will be impacted on whatever system they vote on and he has to
give consideration to his own zone and feels the entire City should vote because
user fees and maintenance cost will impact everyone. Councilmember Bennington
said she'll go along with it not because she thinks it's the right way but the
people want the choice and she represents some of the people in Florida Shores.
She agreed that the system will impact the whole city and the only reason she'll
go along with it is the people who will bear the largest burden are those in
Florida Shores and they should have the choice. Motion CARRIED 3-1. Councilman
Hatfield voted No. Acting Mayor Fish returned the gavel to Mayor Mitchum.
Res. 90-R-24 Calling for City-wide referendum to authorize issuance of general
obligation bonds - Mayor Mitchum read this Resolution. RES. 90-R-24 - A RESO-
LUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE
ISSUANCE OF GENERAL OBLIGATION BONDS TO THE CITY OF EDGEWATER, FLORIDA, TO
FINANCE PART OF THE COST OF ITS UTILITY CAPITAL IMPROVEMENTS PROGRAM, CONSISTING
OF WATER SYSTEM IMPROVEMENTS AND WASTEWATER TREATMENT FACILITIES BENEFITTING
UTILITY SYSTEM CUSTOMERS CITY-WIDE; PROVIDING FOR AND CALLING FOR A BOND REFER-
ENDUM OF THE QUALIFIED ELECTORS RESIDING IN THE CITY TO BE HELD ON MAY 8, 1990,
ON THE QUESTION OF THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR SUCH PURPOSE;
PROVIDING FOR PROPER NOTICE OF SUCH REFERENDUM; REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved
they accept 90-R-24. Mayor Mitchum passed the gavel to Acting Mayor Fish and
seconded the motion. Councilman Hatfield stated they're going with certain
portions with ad valorem tax and he sees no correlation of home property values
versus the price of building a sewer system. He added they maintain the system
with fees, and he referred to how a higher valued home would pay more than lower
valued and they both have the same system impact. Councilmember Bennington said
she made the motion for this resolution at the last meeting but she's talked with
a lot of people since then and gave it a lot of thought and believes they've been
given sound financial means to go with the sewer system and doesn't feel it's
right to exclude part of Edgewater from being able to vote on the type of system
and ask them to vote on obligating some of their tax dollars for upgrading the
system. Councilman Fish stated whether Florida Shores goes with gravity or low
9 Council Regular Meeting Minutes
March 19, 1990
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ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued)
Res. 90-R-24 Calling for City-wide referendum to authorize issuance of general
obligation bonds (Continued) pressure is immaterial, there will be an impact on
the wastewater treatment plant, G.O. bonds are for City-wide improvements and
not just the sewer system and will benefit all residents. He added property
values may increase a little but it will bring people into the area and perhaps
industries will locate here because they won't locate where it's not infra-
structured. Councilmember Bennington stated she'd bought on a paved street with
City water and sewer and paid more for it and people coming into the City have
that option. She said she doesn't have a problem with paying her fair share to
upgrade the system because of demands made by the State but doesn1t want her
tax dollars committed for everyone else1s use also. She said if the whole City
doesn't vote on low pressure or gravity, they'll be affected by it and the cost
will be substantial for the whole City on the upgrading. Mayor Mitchum pointed
out this isn1t whether they'll do it but to give the people the choice by voting.
Motion DID NOT CARRY 2-2. Councilman Hatfield and Councilmember Bennington voted
NO. Acting Mayor Fish returned the gavel to Mayor Mitchum.
Mayor Mitchum requested a motion to go from regular meeting to public hearing.
Councilman Fish so moved. Councilman Hatfield seconded. Motion CARRIED 4-0.
Ord. 90-0-7 Amending Code re: tree protection to comply with Volusia Count v
requirements - Mayor Mitchum read the Ordinance. ORD. 90-0-7 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE IV, IITREE
PRESERVATION AND PROTECTION II BY PROVIDING FOR DEFINITIONS; BY PROVIDING FOR
REVIEW AND APPROVAL OF DEVELOPMENT SITES BY THE LAND DEVELOPMENT AND REGULATORY
AGENCY; BY PROVIDING FOR REMOVAL OF TREES; BY PROVIDING FOR EXEMPTIONS; BY
PROVIDING PROCEDURES FOR THE APPLICATION OF TREE REMOVAL PERMIT; BY PROVIDING
FOR SPECIMEN TREE PROTECTION REQUIREMENTS; BY PROVIDING FOR AREA TREE PROTECTION
REQUIREMENTS; BY PROVIDING FOR RELOCATION OF TREES; BY PROVIDING FOR NATURAL
VEGETATION RETENTION AREAS; BY PROVIDING FOR PRESERVATION AND INSTALLATION DURING
CONSTRUCTION OR SITE PREPARATION; BY PROVIDING FOR TREE SURVIVAL; BY PROVIDING
FOR THE ISSUANCE OF A STOP WORK ORDER; BY PROVIDING FOR PENALTIES; CONTAINING
A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Mitchum requested audience comments. There were none.
Ord. 90-0-8 Amending Code re: code enforcement citation authority - Mayor Mitchum
read the Ordinance. ORD. 90-0-8 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, PROVIDING A SUPPLEMENTAL METHOD OF ENFORCING CERTAIN CODES
AND ORDINANCES; PROVIDING AUTHORITY AND PURPOSE; PROVIDING FOR DEFINITIONS;
PROVIDING AUTHORITY TO CODE ENFORCEMENT OFFICERS TO ISSUE CITATIONS FOR CIVIL
INFRACTIONS IN VIOLATION OF A CODE OR ORDINANCE; PROVIDING FOR VIOLATIONS;
PROCEDURES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE. He asked for audience comments.
Ben Vasquez, 1907 S. Atlantic Avenue, New Smyrna Beach, presently at 2807 Needle
Palm, asked for a definition of authority with code enforcement citations. City
Attorney Alvarez replied that pursuant to the amendments in the last legislative
session municipalities were given the power to adopt this type of ordinance that
will give the code enforcement officer the authority to issue fines for non-
criminal infractions and the citations would go to the County Court. Mr. Vasquez
asked if they have authority to do that. City Attorney Alvarez explained it
would go to the Code Enforcement Board and they'd place a fine on the property
and it attaches to the records and is not a citation.
Cliff Clark, 1818 Evergreen, asked if the Code Enforcement Officer has authority
to do citations. Mayor Mitchum explained he has the authority but they go to
the Code Enforcement Board but he has authority to write citations that go to
the County Court. Mr. Clark stated he was told the Code Enforcement Officer
can only drive by and he interprets the Code that he can inspect it. He asked
the Beautification Committee to look at the property on Evergreen.
Mayor Mitchum suggested a motion to go from public hearing back to the regular
meeting. Councilmember Bennington so moved. Councilman Hatfield seconded.
Ord. 90-0-7 - Councilman Fish moved they adopt 90-0-7. Councilman Hatfield
seconded the motion. Motion CARRIED 4-0.
Ord. 90-0-8 - Councilman Fish moved they adopt 90-0-8. Councilman Hatfield
seconded the motion. Motion CARRIED 4-0.
10 Council Regular Meeting Minutes
March 19, 1990
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UNFINISHED BUSINESS
Report on Sea Treasure Seafood Addition, 109 Everqreen - This item was handled
earlier in the meeting. See pages 5 and 6 of these minutes.
COUNCIL/OFFICERS REPORTS
City Attorney - City Attorney Alvarez had no report at this time.
City Manaqer - City Manager Elly Johnson had no report at this time.
City Council - Councilmember Bennington asked about the bike path meeting. Mr.
Johnson replied he'll schedule a meeting as soon as he gets the information on
the elevations and size of pipe and they're doing the surveys now. He asked if
they want another contractor for surveys because they have to consider drainage.
Councilmember Bennington said she wants to keep on top of this.
Councilmember Bennington asked if an information system has been set up for the
recycling program to coordinate it with homeowners. Mr. Johnson replied they'll
put out an information sheet that will be passed out when they get a delivery
date on the containers.
Counci lmember Bennington stated Counci 1 was criticized about the way they handled
the City Manager's evaluation and she'd like to see a new form. Councilman fish
agreed they need a better rating system. Councilmember Bennington moved to
instruct the City Clerk to contact the other cities, and Mr. Powers had brought
some evaluations forms from Cocoa and maybe they could look at it, and it doesn't
have to be done immediately. Councilman Fish seconded. Motion CARRIED 4-0.
Councilmember Bennington stated she'd received complaints about after dark solic-
itations. She moved to instruct the City Attorney to amend Section 22-6 of the
Code and 3-25 which deals with handbills to say "All solicitors shall be regis-
tered with the City Clerk and receive a permit stating such. Also there shall
be no door to door solicitation activity after dark. Anyone found in violation
shall be cited immediately and the City Clerk shall notify the Police Department
at time of that permitting. Councilman Hatfield seconded. Motion CARRIED 4-0.
Councilmember Bennington asked if a representative went to a meeting between the
County and the cities regarding the 1 cent sales tax as the newspaper indicated
that by omission we favored it. She asked if Council will take a stand on this.
Mayor Mitchum indicated he would not. Mr. Johnson stated the comment was made
that the Council had not made a statement on it and the County had asked Mr.
Fazzone to participate in it, and we didn't endorse or support it.
QUESTIONS FROM PRESS
None
CITIZEN COMMENTS
Dom Fazzone, 302 Paradise Lane, stated he's on the task force for MPO for the
City and they wanted the committee to approve the proposal for the 1% sales tax
and the committee refused, claiming they didn't have the authority.
Dick Hitchcock, 3313 Woodland Drive, stated this Council has split the City right
down the middle with this sewer issue and it will take years to bring it back
together. He stated up until a couple of years ago Florida Shores was supporting
the existing sewer system without any benefits and it's time they got some back.
He said he hold them in neglect of their job because they're dragging their feet.
Henry Dardinski, 2704 Sabal Palm, stated on behalf of concerned taxpayers they'll
gladly provide volunteers at no charge for the voting list that Mrs. Odham needs.
Ben Vasquez, 1907 S. Atlantic Ave., New Smyrna Beach, stated they're putting the
Elections Supervisor on the spot and she can't sanction this referendum because
dividing the City is illegal. He said they can't introduce a referendum by
resolution, and if a resolution is used, you must conform to the method as if
it were an ordinance. He said all the City must vote and take part and Council
has broken their trust with the people.
11 Council Regular Meeting Minutes
March 19, 1990
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CITIZEN COMMENTS (Continued)
Georae Ew;na, 2923 Royal Palm, asked if Res. 90-R-23 for referendum was approved
just for Florida Shores. Mayor Mitchum said yes. Mr. Ewing asked the status
of Res. 90-R-24 on the $15 million bond. Mayor Mitchum said it was defeated
and is a dead issue. Mr. Ewing asked how they'd fund the CIP. Mayor Mitchum
said the G.O. bond won't be used and they'll address it later. Councilman Fish
stated they'll probably go back to the original finance plan with special assess-
ments and revenue bonds. Mr. Ewing asked if figures will change. Mayor Mitchum
said just the way of getting the money. Mr. Ewing asked if they'll be advised
before the referendum. Mayor Mitchum replied yes.
ADJOURN
Mayor Mitchum suggested a motion to adjourn. Councilman Fish so moved.
Councilman Hatfield seconded the motion. Meeting was adjourned at 9:47 p.m.
Minutes submitted by:
Lura Sue Koser
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ATTESJi
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CITY CLERK
Approved this 2nd day of
(ril 7 . 19~.
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. AYOR (VICE)
12 Council Regular Meeting Minutes
March 19, 1990