09-18-1989 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
SEPTEMBER 18, 1989
MINUTES
CALL TO ORDER
Mayor Mitchum called the meeting to order at 7:00 p.m. in the Community
Center.
ROLL CALL
Mayor David Mitchum
Councilman Dan Hatfield
Councilwoman Gigi Bennington
Councilman Russell Gold
Councilman Thomas Fish
City Attorney Josel Alvarez
City Manager Elly Johnson
Acting City Clerk Susan Wadsworth
Chief Lawrence Schumaker
Present
Present
Excused
Present
Present
Present
Present
Present
Present
INVOCATION, PLEDGE OF ALLEGIANCE
Reverend Ken Zimmerman, Edgewater Methodist Church, delivered the invocation.
There was a pledge of allegiance to the Flag.
APPROVAL OF MINUTES
Workshop/Hearing of August 23, 1989 - Councilman Hatfield moved they accept
the minutes of August 23rd. Councilman Fish seconded the motion. Motion
CARRIED 4-0.
Workshop of August 28, 1989 - Councilman Gold moved for acceptance of the
minutes. Councilman Hatfield seconded the motion. Motion CARRIED 4-0.
Regular Meeting of August 30, 1989 - Councilman Fish moved they accept the
minutes as being true and correct. Councilman Gold seconded the motion.
Motion CARRIED 4-0.
Special Meeting of September 6, 1989 - Councilman Hatfield moved they accept
the minutes of September 6. Councilman Gold seconded the motion. Motion
CARRIED 4-0.
CITIZEN COMMENTS
Bruce Hardy, 1206 Palmetto Street, New Smyrna Beach, spoke on behalf of Dan
Whalen, who was requesting a live band or disc jockey for an annual Whalen
family picnic and barbecue at 333 West Marion Avenue. He distributed copies
of the request and the pertinent section of the Code to Council. Mayor
Mitchum noted this was received after the agenda closed. He asked the hours.
Mr. Hardy replied 4 p.m. to 10 p.m., or 11 p.m. at the latest. Councilman
Hatfield asked where it will be held. Acting City Clerk Wadsworth replied 333
West Marion Avenue. Councilman Hatfield asked if that's residential. Mr.
Hardy replied it's an industrial area with a big woods behind it. Councilman
Fish asked if it's just a family event. Mr. Hardy replied it's for the Whalen
family and they want a band this year. Councilman Fish asked if it's a fund
raiser. Mr. Hardy replied no. Mayor Mitchum asked if Chief Schumaker felt
there would be a problem. Councilman Fish asked how many will attend. Mr.
Hardy replied 75 to 100. Mayor Mitchum stated he has no problems with it if
he's subject to City ordinances and noise is considered. Councilman Hatfield
moved to allow Dan Whalen to have his party-barbecue at 333 West Marion Avenue
until 11, and to hold Dan Whalen directly responsible for the conduct of the
crowd since it's his party. Chief Schumaker said he has no problem with its
going to 11 p.m. but perhaps the music could stop at 10 p.m. since there's a
live band. Mr. Hardy agreed that would be no problem. Councilman Gold
seconded the motion. Councilman Fish pointed out there was a $13 occupational
license fee that would have to be complied with also. Councilman Hatfield
agreed. Motion CARRIED 4-0.
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CITIZEN COMMENTS (Continued)
Mrs. McGregor, Partner of Edgewater Rent-All, asked Council to rescind Ordin-
ance 89-0-11 because the ordinance as it now stands will force her to close
her business. She said she was threatened with a fine or lien on her property
and it takes 55% away. She pointed out she's been in business 15 years and
has never caused a traffic accident due to display or storage of the
equipment. She added they'll be forced to defend their legal rights.
Ron Carw;le, 2524 Tiffany Drive, Coastal Tire, also expressed objection to
Ordinance 89-0-11 regarding outdoor storage and display. He stated it takes
away his constitutional rights to own and use a piece of property. He said
it's been a tire store over 25 years and he received the beautification award
by the Chamber of Commerce and doesn't feel hels a public nuisance. He added
he can comply with the ordinance but doesn't feel he should be forced to, and
some people cannot comply and it will put them out of business and will cause
a hardship. He said he feels it causes him personal hardship and asked they
reconsider the ordinance and make changes.
Galen McCla;n, 3119 Queen Palm Drive, spoke on the background investigation
that hadn't been conducted on the new City Manager. He reviewed comments made
by the Interim City Manager at Miami Shores, Gail McDonald, to a reporter for
the Miami Herald regarding the dire financial straits of the Miami Shores
Country Club. He said held talked with Miss McDonald that day and she'd told
him Council decided to keep paying the debts of the Country Club and the major
problem was an operating shortage with expenses grossly exceeding revenue.
He said she also told him that had never happened before, the Country Club
had been under Council's supervision since the 19301s, and the Country Club
Manager's services had been terminated. Mayor Mitchum advised his time was
up, but since he hadn't announced it previously, held extend one minute. Mr.
McClain stated the budget is coming up Wednesday night and he asked Council
to examine the contract with Mr. Johnson.
John McGregor, Edgewater Rent-All, 112 N. Ridgewood Avenue, stated that since
he petitioned Council on July 12th he spoke with several City officials and
called the City Attorney and talked to his secretary twice but hasn't been
able to get with him. He said due to lack of response, he formed an associ-
ation of businessmen to contest this who have hired counsel to represent them.
He added held phoned all the Council and they'll have to take it up the other
way now.
CONSENT AGENDA
Recreat;on D;rector' s request to des;gnate C;tv representat;ve to aCQu;re
perm;ts re: Veterans Park f;sh;ng p;er: Recreat;on D;rector's request that
Mavor he author;zed to s;gn Mod;f;ed Agreement w;th Dept. of Natural Resources
for Veterans Park: Beaut;f;cat;on Comm;ttee's request to sponsor a C;tv-w;de
slogan contest to k;ck off C;tv beaut;f;cat;on program: F;nance Department's
request to move $84.000 from street l;ght account to general fund operat;ng
account: F;nance D;rector's request to transfer balance from spec;al L;brarv
account to general fund: Request for Counc;l concurrence w;th appo;ntment of
Mark Karet as Plann;ng/Zoning Director: and Request that new western water
treatment plant be named ;n honor of Alan R. Thomas - Mayor Mitchum asked if
they want to address anything on the consent agenda. There were no comments.
Mayor Mitchum requested a mot i on to close the consent agenda. Counc ilman
Hatfield so moved. Councilman Fish seconded the motion. Motion CARRIED 4-
O. Councilman Hatfield moved they accept the consent agenda. Councilman Gold
seconded the motion. Motion CARRIED 4-0.
NEW BUSINESS
Merit Board's recommendat;on to amend Sect;on 13-22 personnel polic;es and
procedures - Mr. Johnson stated they received a recommendation from the Merit
Board to change four items in the Code regarding their duties and he doesn't
have a problem and recommends the changes be made. Councilman Gold moved they
accept the recommendation of the Merit Board. Councilman Fish seconded the
motion. Mr. Johnson pointed out the City Attorney would have to prepare the
changes. Mayor Mitchum stated the motion would include that. Motion CARRIED
4-0.
2 Council Regular Meeting Minutes
September 18, 1989
NEW BUSINESS (Continued)
Buildin Trades Re ulator & A eals Board.s reconmendation to delete re uire-
ment of 1 000 suret bond for contractors - Mr. Johnson stated there's a
recommendation from the Building Trades Regulatory and Appeals Board and
they'd surveyed other mun i c i pa 1 it i es and no other mun i c i pa 1 ity, or the County,
requires this and it's recommended it be deleted from the Code. Councilman
Hatfield moved to accept the recommendation of the Building Trades Regulatory
and Appeals Board to delete the requirement of the $1,000 surety bond.
Councilman Gold seconded the motion. Councilman Fish asked the rationale to
do away with it. Mr. Johnson replied there1s no reason to keep it and it
hasn1t been a problem. Councilman Hatfield stated they can require case by
case surety bonds and don1t have to require it in every situation. Motion
CARRIED 3-1. Councilman Fish voted NO.
land Develo ment & Re ulator A enc recommendation to amend Sect. 700.01 re:
offset arkin A and buffers in B-2 B-3 and.B-4 districts from 5. to 10. _
Mr. Johnson stated the recommendation from LDRA was considered due to an over-
sight when the ordinance was originally done and he recommends it be accepted.
Councilman Hatfield moved to amend Section 700.01. Councilman Fish seconded
the motion. Motion CARRIED 4-0.
land Develo ment & Re ulator A.enc. reconmendation to amend Ord. 89-0-11 re:
outdoor displav/outdoor storaae definitions - Mr. Johnson stated they received
a recommendation from LDRA to change the wording in the definitions and he
recommends approval. Councilman Fish moved they accept the LDRA recommend-
ation to clarify the wording in 89-0-11. Councilman Hatfield seconded the
motion. Councilman Gold asked the problem with enforcing the original ordin-
ance as written. Mr. Johnson explained it's to clarify overhangs and it would
allow over-roofs or overhangs. Mr. Pat DiLeva, Code Enforcement Officer,
agreed that was correct. Councilman Hatfield stated the intent was to improve
store fronts to make a more unified and aesthetic appearance. He added that
with Mr. McGregor's business, some items cannot be moved inside, and he feels
it takes away his right to run his business as he has for 15 years. There was
discussion about further review of the ordinance and putting a hold on the
enforcement until it is clarified, with the new City Planner's input.
Councilman Fish withdrew his motion and Councilman Hatfield withdrew his
second. Councilman Hatfield then moved to TABLE this until it is resolved by
the City Planner. Councilman Gold seconded the motion. Motion CARRIED 4-0.
Vincent Mattiello. s request to hold White Lion Tae Kwon Do Championship
tournament at Bob Carter Memoria 1 Gvmnatorium September 30. 1989 _ Mr. Johnson
stated this is a request for a Championship Tournament and he's asking
Council's approval. He said the recommended fee is $31.00 which is a miscell-
aneous fee in that category. Councilman Fish moved they approve the request.
Councilman Hatfield seconded the motion. Motion CARRIED 4-0.
ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS
First Readina:
Ord. 89-0-27 Amendina Sec. 9-5 Flood control & drainaae. creatina a new
Article IV. Stormwater manaqement utilitv. with presentation bv Ron Ferland.
Over. Riddle. Mills & Precourt. Inc. - City Attorney Alvarez read the
Ordinance. ORD. 89-0-27 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AMENDING CHAPTER 9.5, "FLOOD CONTROL AND DRAINAGE" BY
CREATING A NEW ARTICLE "IV", "STORMWATER MANAGEMENT UTILITY", ESTABLISHING A
STORMWA TER MANAGEMENT UTI LI TY ; PROV ID I NG DEF I N I TI ONS; PROV ID I NG FIND I NGS ,
DETERMINATION AND INTENT; PROVIDING A SCHEDULE OF STORMWATER MANAGEMENT
UTILITY FEES; PROVIDING FOR AN APPEAL OF SURFACE CALCULATION; ESTABLISHING A
STORMWATER MANAGEMENT FUND; PROVIDING FOR STORMWATER DRAINAGE UTILITY FEE
COLLECTION; PROVIDING PENALTIES; CONTAINING A REPEALER PROVISION, A SEVERA-
BILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Ron Ferland, Project
Manager, Dyer, Riddle, Mills & Precourt, Inc., introduced Mr. Rob Ori, Manager
of rates and finance, who reviewed the stormwater management utility. Mr.Ori
stated that Deland, Port Orange, and other munic-ipalities have established
a stormwater utility. He pointed out it must be a self-supporting fund and
rates must be pledged to be used only for that. He explained the rates will
be set by Equivalent Drainage Units (EDU's). He also explained the breakdown
of the rates with a base fee and a contribution fee. He stated the estimated
EDU would be 2,027 square feet of impervious area. He pointed out the City
will be responsible to build and maintain the facilities. He stated they
researched how to bill and decided utility billing would be the most
3 Council Regular Meeting Minutes
September 18, 1989
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ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS (Continued)
Ord. 89-0-27 Amending Sec. 9-5 Flood control & drainage. creating a new
Article IV. Stormwater management utilitv. with presentation by Ron Ferland.
Over. Riddle. Mills & Precourt. Inc. (Continued)
economical. He suggested the rate of $3.00 per EDU per month as being
sufficient to accommodate the needs, which would generate $325,000 annually
with $90,000 for capital improvements each y~ar. He pointed out this rate
compares to other ut i 1 it i es he surveyed. He noted that commerc i a 1 non-
res i dents wi 11 be on a case by case bas is, and there shou 1 d be an appea 1
process if there's a problem with the EDU.
Councilman Hatfield asked about credits for those citizens that already have
stormwater. Mr. Ori replied not many have a retention pond in their back
yards and he didn't look at it. Mr. Ferland noted this is essentially the
retention basins and the ordinance now has pre and post requirements for flow
on the site. Councilman Hatfield explained he retains water for Persimmon
Place and asked if he gets a credit for this.
Councilman Gold expressed concern with the timing due to an additional cost
to the residents when they have an increase in refuse collection and are
adding other programs because some may not be able to budget it. He said he
preferred they put the ordinance on hold to have public hearings and input.
Mayor Mitchum pointed out this is just first reading. Councilman Fish pointed
out the CIP with paving, etc., will not start until they receive the benefit
and this would go into effect sooner than the assessments and it won't impact
everyone all at once. Councilman Hatfield agreed he hates to increase any-
one's burden but they have to address the needs of people and Wildwood and
other areas have problems. He then moved to accept Ordinance 89-0-27.
Councilman Fish seconded the motion. Motion CARRIED 4-0.
Ord. 89-0-28 Repealing Ordinances 85-0-5. 85-0-22. and 86-0-1 re: Management
pay and benefit plan due to conflict with Citv Manager form of government -
Mr. Johnson stated he'd talked with the City Attorney and some of the Council
members about some of the stipulations of 85-0-2 and they feel there's a con-
flict and are asking to rescind it. City Attorney Alvarez read the Ordinance.
Ord. 89-0-28 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER,
FLORIDA, REPEALING ORDINANCE NO. 85-0-5, AS AMENDED BY ORDINANCE NO. 85-0-22
AND ORDINANCE NO. 86-0-1 IN ITS ENTIRETY; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish
moved they adopt 89-0-28. Councilman Gold seconded the motion. Motion
CARRIED 4-0.
Ord. 89-0-29 Repealing Ordinance 89-0-18 re: Council concurrence with appoint-
ment of Department Heads - Mr. Johnson stated this was a request of a Council
member, who voted on the prevailing side, to put the item back on the agenda.
He added the Charter Review Committee recommended it be taken out and he also
is recommending it be removed. City Attorney Alvarez read the Ordinance.
ORD. 89-0-29 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER,
FLORIDA, REPEALING ORDINANCE NO. 89-0-18 IN ITS ENTIRETY; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Councilman Fish moved they accept 89-0-29. Councilman Hatfield seconded the
motion. Councilman Gold asked if it infringes on the Manager's powers and
duties, as he wants to know the backgrounds of the applicants, and if the
Charter is amended and there's a conflict, at that time they should consider
repealing the ordinance. Councilman Hatfield said he voted for 89-0-18 but,
after talking with the City Manager and people in other cities, it doesn't
work and they'll still get the information on who he's planning to hire before
he hires the person and they can talk with him about it before the hiring.
Motion CARRIED 3-1. Councilman Gold voted NO.
Res. 89-R-66 Citizen Code Enforcement Board appointment to fill vacancv due
to ineligibility of James Norris to serve - Mr. Johnson stated Council
appointed James Norris and he's informed them he doesn't meet the residency
requirement. Councilman Hatfield stated he felt James Norris was the best
choice and he'd like to leave it vacant until December as it won't cause them
that much grief and the Board rarely has an absence. Councilman Hatfield
moved to TABLE this until December. Councilman Gold seconded the motion.
Motion CARRIED 4-0.
4 Council Regular Meeting Minutes
September 18, 1989
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ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued)
First Reading: (Continued)
Res. 89-R-67 Authorizing appropriate City official to execute agreement with
Florida Department of Transportation for highway maintenance - .Mr. Johnson
stated that during budget discussions Council reviewed the City's taking over
the median maintenance and grass cutting for U.S. 1 and 442 from. City limits
to City limits. He said the contract from DOT is for $30,804.80 a year and
his recommendation is to adopt the resolution and sign the agreement with DOT.
City Attorney Alvarez read the Resolution. RES. 89-R-67 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE
OFFICIALS OF THE CITY OF EDGEWATER TO EXECUTE A "MEMORANDUM OF AGREEMENT -
HIGHWAY MAINTENANCE" WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION,
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE
DATE. Councilman Fish sated he wanted to see this for some time and he moved
they accept 89-R-67. Councilman Hatfield seconded the motion. Councilman
Gold said he understood it was for cleaning the right of way and planting of
shrubs but under Section 15 it has repairs of shoulders and culverts and the
City is having a hard time doing it all. Mr. Johnson explained he reviewed
this with the Public Works Superintendent and they felt this was a better way
of handl ing it and it's so much a road mile. He added it I S a one-year
contract and if the City limits move, it will be added to and adjusted. He
noted they just sprayed the curbs and feel it's worth the effort for the year
to see if it will improve their appearance. Motion CARRIED 4-0.
Res. 89-R-68 Appointment of Susan J. Wadsworth as City Clerk - Mr. Johnson
stated at the direction of Mayor and Council in August, he negotiated with
Susan Wadsworth the benefits and salary and he recommended the package and
resolution be adopted. City Attorney Alvarez read this Resolution. RES.
89-R-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA,
CONFIRMING AND RATIFYING THE APPOINTMENT OF SUSAN J. WADSWORTH AS CITY CLERK
OF THE CITY OF EDGEWATER, FLORIDA, AS PER CITY CLERK BENEFIT PACKAGE ATTACHED
HERETO; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN
EFFECTIVE DATE. Councilman Gold moved for approval of 89-R-68. Councilman
Fish seconded the motion. Motion CARRIED 4-0.
Second Reading: (Public Hearing)
Mayor Mitchum suggested they go to a public hearing from the regular meeting.
Councilman Fish so moved. Councilman Hatfield seconded the motion. Motion
CARRIED 4-0.
Ord. 89-0-23 Amendment to budget for computer and software purchase in amount
of $66.000 - City Attorney Alvarez read this Ordinance. ORD. 89-0-23 - AN
ORDINANCE AMENDING ORDINANCE NO. 88-0-21 AND 89-0-9, THE FINAL BUDGET ORDIN-
ANCE AND AN AMENDMENT TO THE FINAL BUDGET ORDINANCE OF THE CITY OF EDGEWATER,
VOLUSIA COUNTY, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1988, AND
ENDING SEPTEMBER 30, 1989, BY AMENDING CERTAIN REVENUE AND EXPENDITURE ITEMS
OF THE GENERAL FUND; SHOWING A MORE DETAILED BREAKDOWN OF THE CHANGES BY
"EXHIBIT A", CONTAINING A REPEALER PROVISION, PROVIDING FOR PUBLICATION OF
THIS ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Mitchum asked for
input from the audience on Ordinance 89-0-23. Ben Vasquez, from the audience,
asked if there are two public hearings. Mayor Mitchum replied this is the
final hearing. Mayor Mitchum asked for a motion to go from the public hearing
back to the regular meeting. Councilman Fish so moved. Councilman Hatfield
seconded the motion. Motion CARRIED 4-0.
Councilman Hatfield moved they adopt 89-0-23. Councilman Fish seconded the
motion. Motion CARRIED 4-0.
UNFINISHED BUSINESS
None brought up at this meeting.
COUNCIL/OFFICERS REPORTS
City Attorney - City Attorney Alvarez had no report at this time, but did have
a report later. (See page 6 of these minutes)
City Council - Councilman Gold stated there has been a conflict with the
County and he asked if they can collect the impact fee and make sure it's
paid before issuing a building permit. Mayor Mitchum explained the County
imposed the fee and the City joined with other cities in a lawsuit to keep it
from being done in Edgewater and appealed it twice. City Attorney Alvarez
stated the litigation has no relevancy with what Councilman Gold referred to
and the County ordinance takes precedence whether we do something or not and
5 Council Regular Meeting Minutes
September 18, 1989
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COUNCIL/OFFICERS REPORTS (Continued)
C;ty Counc;l (Continued)
the impact fees are being collected. He further explained the County prepared
an agreement and asked some of the cities to enter into it wherein the cities
collect the money for the County. He said his position originally was whether
the County would hold the City harmless and defend litigation in a lawsuit.
He pointed out the County is collecting it anyway because the ordinance
provides for it and it would be up to the City to voluntarily enter into an
agreement that means nothing financially to Edgewater because monies collected
in Edgewater cannot be spent in Edgewater since we only have one County road
and the money is going elsewhere. He added that if the County makes the area
smaller where the money is to be spent, the money collected will benefit that
area. He said for the City to be protected they need a concession from the
County that they1d hold us harmless from litigation. Councilman Gold said
held heard they might attempt to sue again. City Attorney Alvarez replied he
doesn't see a basis for litigation, and he reviewed the origination of the
ordinance. Councilman Gold asked if they can force us since they have the
County Rule. City Attorney Alvarez replied the way the ordinance is written,
they have nothing to do with collection of it. Councilman Fish asked about
a provision for our administrative costs. Councilman Gold asked if it1s a
certain percent. Mayor Mitchum said it's no benefit to the City of Edgewater
as is evident by the Road Plan.
C;ty Manaaer - Mr. Johnson stated they have a memo regarding the Library
Parking and there's a dispute about the size of the Library as to whether it1s
10,000, 11,000, or 13,000 feet. He added that if it's 10,000, the parking is
adequate according to the Code. He stated that when an Engineer is on board,
they'll look at it and bring a recommendation back to Council.
Mr. Johnson stated he reviewed the bike path file and is reviewing the
proposa 1 for the easements and wi 11 br i ng it back when he can make a
recommendation. He noted the project on Park Avenue was bumped to next year.
C;ty Attorney - City Attorney Alvarez stated DOTls position on the agreement
is not unreasonable for maintenance of the medians, and they insist the City
of Edgewater indemnify and hold them harmless, which is standard throughout
the State.
Joe Martin, 2305 S. Ridgewood Avenue, commented on the County Council I s
Workshop he attended where collection of fees was discussed. He expressed
disappointment that nobody represented Edgewater at that Workshop. He said
the fees should be divided among the municipalities and they should be able
to use that money whether they have a County road or not. He added the
Councilman representing this part of the County and Big John were belligerent
toward Edgewater and spoke in a derogatory manner about Edgewater. He said
he feels they could look at some type of cooperative position with the County
on this issue. He agreed the money should be spent here and not allover zone
2 and Edgewater should take the first step to smooth the waters and they could
hold up the issuance of building permits until the fee is collected.
Mr. Johnson stated he and Ron Ferland had met with the County that afternoon
at the request of the County Counci 1 at their meeting on August 28th to
discuss the interlocal agreement on the 180 Reserve Area. He said held
expected to meet with Larry Arrington but he was sick and they met with Dick
Kelton. He added the first thing Mr. Kelton said was there are two funda-
mental problems, one was they cannot discharge into the Indian River, and he
won't discuss the 180 Area until they resolve the problem. He briefly
reviewed the rest of their conversation with Mr. Kelton and noted in over 20
years of City government held never been treated that way. He pointed out
that the problem with the discharge into the River is why they're going to an
advanced treatment. He said he got ordinances ready and sent them to the
County to review and hasn't heard from them. Mayor Mitchum asked how many
communities have effluent in the River. Mr. Ferland replied the cities of
Titusville, Port Orange, Daytona Beach, New Smyrna Beach, and Ormond Beach
have effluent discharge in the Indian-Halifax River, and the level of treat-
ment addressed by the Indian River Management Program, DER, and EPA have as
their goals the reductin of nutrient level and they'll bring it to a 150%
lower rate of flow. He added the only scientific body that's looking at it
is DER in concert with the City and USGS part of the 201 wastewater
6 Council Regular Meeting Minutes
September 18, 1989
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COUNCIL/OFFICERS REPORTS (Continued)
activities. He stated the dignity of the office deserves more consideration
than was given today at the meeting with the County, and the City has not been
invited to participate in the planning processes.
QUESTIONS FROM PRESS
Jennifer Halperin, News Journal, asked if they handled the consent agenda.
Mayor Mitchum replied yes.
ADJOURN
Councilman Fish so moved to adjourn. Councilman Hatfield seconded the motion.
Meeting was adjourned at 8:30 p.m.
Minutes submitted by:
Lura Sue Koser
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CITY CLER
7 Council Regular Meeting Minutes
September 18, 1989