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10-01-1990 - Regular .', ... ~ CJ u ...~ ., ~ .. ,. CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 1, 1990 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 Councilmember Gigi Bennington Councilman Russell Gold Councilman Thomas Fish City Attorney Josel Alvarez City Manager Elly Johnson City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE Reverend Frank Campagnone, retired Roman Catholic Priest, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Special Meetina of September 5, 1990, 7:00 p.m. - Councilman Hatfield moved they accept the minutes of September 5, 1990. Councilmember Bennington seconded the motion. Motion CARRIED 3-2. Councilman Fish and Councilman Gold voted No. Councilman Gold stated he voted no due to being excused from that meeting. Special Meetina of September 5, 1990, 8:25 p.m. - Councilmember Bennington moved they accept them. Councilman Hatfield seconded the motion. Motion CARRIED 3- 1. Councilman Fish voted NO, stating it was because he was excused. Councilman Gold did not vote, stating it was because he was excused from that meeting. Workshop & Special Meetina of September 14,1990 - Councilman Gold moved for approval. Councilman Fish seconded the motion. Motion CARRIED 5-0. Reaular Meetina of September 17, 1990 - Councilman Fish moved they accept the minutes of September 17. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Mayor Mitchum advised of the three minute limit unless Council wishes otherwise. Frank Roe, 2732 Juniper Drive, stated signs that say IIno more bull II are an insult to Council and is in very poor taste. He said although he's had disagreements with Council he didn't want to engage in a campaign like this, he wants a nice campaign and doesn't stoop to dirty politics. He said spending $4,000 to put out a sign with a defecating bull is carrying things to the lowest level. He stated regarding the budget, he's already said what he thought was a good idea. Georae Ewina, 2923 Royal Palm, stated he doesn't have a hope that the millage rate will come down based on what he heard at the last meeting, but the millage rate should come after the budget and they should set the budget and then the mi 11 age rate. Mr. Ewing asked for a yes or no answer on if the Charter can be changed by resolution or ordinance. City Attorney Alvarez replied yes and no, and it depends on what portions of the Charter they're referring to. Mr. Ewing asked if they can change something like Council salaries from $400 to $600 or $400 to $200. City Attorney Alvarez replied yes. Mr. Ewing asked why they put it in the Charter then. City Attorney Alvarez replied many things in the Charter were subsequent to the adoption of the home rule powers and it gives the City the authority to change those items by ordinance, and the law states except for a certain group of enumerated items, the rest of the items in the Charter are considered an ordinance and can be so amended. Mr. Ewing said the Charter is approved by referendum of the people and a Council can change that Charter. City Attorney Alvarez explained if items were in the Charter before home rule powers were passed, yes, and if the Charter is re-adopted, then the answer is no. Mr. Ewing stated he doesn't see why they bother having a referendum and Charter. . . . o u i' fITIZEN COMMENTS (Continued) Georae Ewina (Continued) Mr. Ewing stated he requested from City Hall on Friday a total number of motor vehicles by department and City Hall couldn't furnish it by 5 p.m. today and it's inconceivable that it's not available. He said it tells him Council doesn't even know how many vehicles the City has if the City personnel can't tell him. He asked if this is efficient management. He said Council votes on things and he doesn't think they do their homework and they don't know what they're voting on. Frank Morris, 1814 Evergreen Drive, stated he'd asked Council to look at the aprons in front of his house and the City Manager said they put the culverts in for the property south of him, and there are only two properties. He said they wasted about $2,300, and a Council person looked at it and said how bad it looks. He said they add on to the yard and to City Hall and the Police Department and waste money and taxpayers need to know how much money's wasted in this City. Mr. Morris stated regarding the sign ordinance, Council should table everything until they get a Council that can really think because he doesn't think this Council can think. Tom Sheridan, 1911 Willow Oak, referred to four items that were discussed years ago: leadership, they kept saying they had to have leadership; professionalism, and professionalism was lacking; financial accountability was not there; and communication. He said Council abandoned leadership and accepted followship, and are following advice and lead of hired professionals. He stated hiring of professional and consulting employees has not done anything for them and they're further behind on the CIP than they were a few years ago, plus the fact hundreds of thousands of dollars have gone down the drain with no accountability. He said there seems to be no one in the City government that's responsible for accounta- bility for the money spent and they don't communicate to the public how money's spent. He said he attends meetings as he's heard it said they should, and walks out and his mind's befuddled and he doesn't know what's going on. He said he hears about tightening the purse strings but there's a hole in the bottom of the purse and money pours out as fast as it's put in. He stated there's a poor quality of communication between citizens and they haven't been able to communi- cate with this Council and they've invoked the gag rule and there were written questions, and if answers were forthcoming, the public wasn't made aware of it. He said over the past two years is a sad commentary on the City of Edgewater and their followship has created a distrust of local government that will take years to overcome. He quoted from the Eagle Eye newsletter regarding a politician convincing voters to listen to what he says and ignore what he does. CONSENT AGENDA Halifax Ford Mercury's reauest for promotional sale adjacent to Florida Shores Plaza Oct. 7. 8. and 9. 1990 - Mayor Mitchum asked if anyone wanted to remove the item from consent. There were no comments. He requested a motion to close and approve the consent agenda. Counci lman Fish so moved. Counci lmember Bennington seconded the motion. Motion CARRIED 5-0. NEW BUSINESS Sidewalk on Old County Road from Park Avenue to Ocean Avenue - Mr. Johnson stated at the last meeting Mrs. Gillespie presented a request for Council to consider a sidewalk along Old County Road and he requested Gates Castle to look at it and give them an updated cost for Council to make a decision. He said Mr. Castle and Mr. Overstreet estimate a cost of $19,000. Councilman Hatfield asked why the engineer has a 5 foot sidewalk when Mrs. Gillespie had 4 foot. Mr. Gates Castle, City Engineer, replied minimum standards that he feels should be estab- lished are 5 foot for sidewalks, and it's DOT and County standards, and basically throughout the State, and the City doesn't have a procedure. Councilman Hatfield asked if he feels it would be best on the East side. Mr. Castle replied yes. Councilman Hatfield said it seems.he's trying to protect his children at the last minute in office but there are other children that have to use that and the County's going to put a bike path down Park Avenue and this will tie into the school. He added he'd like to see it done as soon as possible and it's just as imperative for public safety and there's a lot of truck traffic down that road. He said the sidewalk won't make it perfect but it.s better than what they have now. He added Coronado Paint is great to work with and they try to keep their big trucks as inactive as they can during those hours. Councilman Hatfield then moved they go ahead and instruct the engineer to proceed. Councilman Gold seconded the motion. Motion CARRIED 5-0. 2 Council Regular Meeting Minutes October 1, 1990 o Q i" NEW BUSINESS (Continued) Joe D. Martin's request to install barbed wire to chain link fencing in B-2 zoninq to increase security of materials and equipment - Mr. Johnson stated Mr. Martin submitted a request and according to the Code, Council has to take action if someone requests barbed wire on top of the other. Councilman Gold moved to grant him permission. Councilmember Bennington seconded for discussion. She asked what their liability is if they allow this. Mayor Mitchum noted they've done it with others, with Mr. Woods property on Hibiscus. Councilman Hatfield asked what's to be stored there. Mr. Martin replied it's a light manufacturing and there are materials and equipment. Mayor Mitchum asked what they're manu- facturing. Mr. Martin replied metal fabrication. Mayor Mitchum asked about chemical storage. Mr. Martin said there's an overhead roof open on three sides and would be the raw metal and perhaps acetylene tanks. Motion CARRIED 5-0. Results of City Manager's annual evaluation - Mayor Mitchum stated he wasn't aware of the way this would be handled and he suggested the City Clerk do the evaluations and bring it back at the next meeting. Councilmember Bennington noted that was what they were supposed to do at this meeting. Mayor Mitchum stated he wasn't aware of that and he was not at that meeting. Councilmember Bennington moved they TABLE this until Susan Wadsworth can do the tabulations. Mayor Mitchum said that would be at the next meeting. Councilmember Bennington suggested a special meeting. Mayor Mitchum said he didn't feel it's needed. Councilman Fish stated he felt it could wait until the next meeting. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS First Readinq: Res. 90-R-47 Appointing one member to Industrial Development Board due to Galen McClain's declininq of continued service - Mayor Mitchum requested nominations. Councilman Hatfield nominated Ralph Williams. Councilmember Bennington nominated Bill Gleason. Councilman Gold, Councilman Fish, and Mayor Mitchum concurred with Mr. Gleason. Mayor Mitchum read the Resolution, inserting the name of Mr. Gleason for an unexpired three year term to end April 8, 1992. RES. 90-R-47 _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSI- BILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold moved for approval of Resolution 90-R-47. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. Res. 90-R-55 Creating temporary ad hoc sign cODlDittee to perform tasks designated by Land Development and Regulatory Agency - Mayor Mitchum read the resolution. RES. 90-R-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CREATING A TEMPORARY AD HOC SIGN COMMITTEE TO PERFORM CERTAIN TASKS AS DESIGNATED BY THE LAND DEVELOPMENT REGULATORY AGENCY; PROVIDING FOR MEMBERSHIP, APPOINTMENT, DUTIES, RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they adopt 90-R-55. Councilmember Bennington seconded the motion. Councilman Hatfield asked the next step, will they go out for ads and people will apply. Council- member Bennington stated the LDRA could appoint them according to section 6. She requested the membership include someone from Code Enforcement since they have to enforce the Codes as they could bring a lot of light to it. Councilman Fish agreed that's a good point and since they have to enforce it they should have some input. Councilman Fish amended his motion to include one member from Code Enforcement on that committee. Counc il member Benn i ngton seconded the amendment. Motion CARRIED 5-0. Second Readinq:(Public Hearinq) Mayor Mitchum stated the three items will be read and discussed individually and then theylll go back into regular meeting to act on those. Resolution No. 90-R-51 re: millage rate of 4.600 - Mayor Mitchum read the Resolution. RES. 90-R-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTING A CERTIFIED MILLAGE RATE OF 4.6000 MILLS PER $1,000.00 ASSESSED VALUATION FOR THE CITY OF EDGEWATER, FLORIDA, FOR THE FISCAL YEAR 1990-1991, WH I CH REPRESENTS A ONE AND TWENTY-TWO HUNDREDTHS PERCENT INCREASE FROM THE ROLLED BACK RATE OF 4.5446; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He requested audience comments. 3 Council Regular Meeting Minutes October 1, 1990 u u '-. 'ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS (Continued) Second Readina: (Public Hearina) (Continued) Resolution 90-R-51 re: millaae rate of 4.600 (Continued) Frank Roe, 2732 Juniper Drive, referred to a statement he'd made a year ago about a recession which is on them now. He said South Daytona reduced their millage rate 17% from the present year and Edgewater is one of the highest tax bases in Volusia County. He asked Council to reduce the budget so they can enjoy lower taxes because they're too tax hearty. He said they.ve spent every cent collected in previous years and will be hard pressed to save the City in this recession. He referred to the 1929 depression and that they're seeing a depression that will be twice as bad. He asked Council to cut costs and use some of his suggestions or take their own and cut the budget down to size. Georae Ewina, Royal Palm, said he doesn't have much hope they can reduce the millage and he doesn't see how they can separate the millage and the budget. He referred to the millage figures held read in the newspaper differing from what Mr. Roe said. He said South Daytona has about the same number of people as Edgewater and the area is a little smaller. He said he doesn't feel they made a dent in the budget this year. He reviewed figures in the various funds for last year and this year. He questioned the difference in the transfer out of general fund for 1989 and this year and having a reserve one year and the next year they don't. He said last year he criticized the figure for Parks and Recreation and this year it's an increase of $112,000. He said debt service and transfer out last year was $140,000 and this year it's $420,000. He said he was criticized for something he'd said at an earlier meeting and he wants to clarify they should have salary freeze for the high paid individuals and now the lower paid people. He said some employees are making less than $6.00 an hour and poverty level for a family of four is a little over $11,000. He said it's a disgrace to pay such low salaries when salaries for some supervisors are too high for what they do. He stated the Manager got a 7% increase. He asked if Council gets $15,000 of life insurance. Mayor Mitchum replied yes. Mr. Ewing asked why the lower paid people at poverty level only get $10,000, as that's out of line. He requested Council comments because he's waited all year long for their comments. Councilmember Bennington stated she doesn't have the same papers Mr. Ewing has and cannot comment. Mr. Ewing said he thinks the millage rate can come down and they have a lot of widows and widowers and they can't afford this tax. Mayor Mitchum stated they worked very hard on the budget and did lower the mi 11 age rate. Ord. 90-0-35 re: FY 1990-91 budaet - Mayor Mitchum read the ordinance. ORD. 90- 0-35 - AN ORDINANCE SETTING A FINAL BUDGET AND APPROPRIATING REVENUES TO BE COLLECTED FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1990, AND ENDING SEPTEMBER 30, 1991, SETTING FORTH REVENUES AND EXPENDITURES OF THE GENERAL FUND AND VARIOUS ITEMS THEREOF; THE WATER AND WASTEWATER FUND; THE REFUSE COLLECTION FUND; THE STORMWATER MANAGEMENT FUND; AND THE INTERNAL SERVICE/SELF-INSURANCE FUND; SHOWING A MORE DETAILED BREAKDOWN BY "EXHIBIT" A; REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH; CONTAINING A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICATION OF THIS ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE. He asked for audience comments. Frank Roe stated when they elected this Manager, they were assured they'd save money and he thinks they should do that. He said they claim to save money but it's a falsehood because the positions were never in the budget. He suggested they reduce each Department Head's budget by at least 5% because they always ask for more money than they need and nobody's reduced anything. He asked Council to reduce it because they don't want people to lose their homes and they can barely pay the mortgage and couldn't foresee more taxes and more water bills and now they're heading for a recession. Doris Hill, Lincoln Road, reminded everyone they've had a new paid Fire Department that's costing more and they all wanted it. She said Edgewater's growing and about 75% of the people voted for a city manager form of government and one of the first things he tried to do was shorten the work hours of the Police Department from 12 to 8 hours. She noted that was one of the biggest lobbies in the City and nobody spoke against the Police and the City Manager was voted down and maybe they could have saved money. She said she doesn't like the idea of a Policeman having a gun on his hip after 8 hours of doing his job and also there's a lot of cost for overtime. She stated a lot of progress was made in the last two years and if some of the criticism were more constructive, it would be very helpful. 4 Council Regular Meeting Minutes October 1, 1990 () Q ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) Second Readinq: (Public Hearina) (Continued) Ord. 90-0-35 re: FY 1990-91 budaet (Continued) David McCallister, 2010 South Ridgewood, spoke on behalf of the Fire Department to explain some misinformation. He stated he's been a professional firefighter/ paramedic for 3-1/2 years. He compared the $601,000 budget to others in the County, noting Deland might have a lower budget but they received assistance from Stetson a couple of years ago with a truck purchase. He pointed out like any health service, such as workers comp and health insurance, itls going through the roof and itls not cost effective to save a life. He explained the Fire Chief put on regular career firefighters who wait by a phone and when they have an emergency they guarantee they'll receive care by a trained professional, plus they're also trained as firefighters. He stated if they want to decrease this budget, that would be putting a price on life. He said they started the volunteers in the 50ls and itls still functioning properly, but their downfall was in 1974 the U.S. said there will be a emergency medical service provided to every commun ity and they chose to undertake th i sand it I S a group ca 11 ed Edgewater Emergency Fire and Rescue. He pointed out firemen are paramedics and EMTls also. He said the average response time for the career man is 4 minutes which is respectable for rescue and extremely respectable for fire responding. He said the 40 volunteers aren't asking a cent when they respond and they're getting trained in operation of Rescue tools for free. He said the budget would be about $2 million if they paid the volunteers. He stated they need to enhance their rescue service which is part of the fire service and the communityls being provided services from 7 to 6 p.m. and the budget has 4 more EMT's cross trained as firefighters and that will enhance the good service they have to provide 24 hour around the clock service to be guaranteed trained assistance. He asked people to be more informed before they criticize. He read statistics from the American Heart Association regarding response times and percentages of lives saved. He said political or public pressure should not influence them to cut the 4 people from the budget, and cutting out the four will put a price on life and they need to guarantee 24 hour service. Ord. 90-0-36 Creatina Art. IX of Chapter 19. environmental standards for potable water well field protection to comply with Volusia County requirements _ Mayor Mitchum read the Ordinance. ORD. 90-0-36 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 19, UTILITIES AND SERVICES, BY CREATING ARTICLE IX, ENVIRONMENTAL STANDARDS FOR POTABLE WATER WELL FIELD PROTECTION: BY PROVIDING FOR DEFINITIONS; BY PROVIDING FOR LEGISLATIVE INTENT AND PURPOSE; BY PROVIDING FOR SCOPE; BY PROVIDING FOR DESIGNATION OF ENFORCEMENT OFFICIAL AND HIS POWERS AND DUTIES; BY PROVIDING FOR ESTABLISHMENT OF WELL FIELD PROTECTION ZONES; BY PROVIDING FOR VARIANCES; BY PROVIDING FOR HAZARDOUS SUBSTANCES REGULATED; BY PROVIDING FOR WELL FIELD PROTECTION ZONE PERMITS; BY PROVIDING FOR CONTAINMENT STANDARDS; BY PROVIDING FOR HAZARDOUS SUBSTANCE INSPECTION PROGRAM TO COMPLY WITH FEDERAL LAW; BY PROVIDING FOR VIOLATIONS AND PENALTIES; BY PROVIDING FOR STOP WORK ORDERS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He asked for audience comments and there were none. Mayor Mitchum requested a motion to go from public hearing back to regular meeting. Councilman Hatfield so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. Resolution 90-R-51 re: millaae rate of 4.600 - Councilman Hatfield moved they adopt Resolution 90-R-51. Councilman Fish seconded the motion. Motion CARRIED 5-0. Ord. 90-0-35 re: FY 1990-91 budaet - Councilmember Bennington stated at first reading they were told they could have discussion for possible cuts here. She explained the reason Parks and Recreation is so high is they generate revenue of $246,705, so actual balance would be $488,000 from other funding which is about equal to what it was a couple of years ago. She stated she has a serious problem with $336,666 from appropriated fund balance which in essence is the saving accounts and she thinks that's too high. She pointed out they already committed $230,000 for the bike path on Roberts Road and tonight committed another $19,000 for the other bike path, plus they have street light fees that may have to be reimbursed. She said she doesn't want to deplete their savings to the tune of $336,000 to balance this budget, and was going to go through the . budget, but why don't they just do a 5% across the board and let the City Manager and staff cut it. 5 Council Regular Meeting Minutes October 1, 1990 (.J (.) ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) Second Readina: (Public Hearina) (Continued) Ord. 90-0-35 re: FY 1990-91 budaet (Continued) Mr. Johnson clarified the reserve figure of $300,000 is money appropriated the last few years and they estimate it's the carryover from current year's budget and they won't go into reserves now on hand, it's projects not done and people not hired. He explained the difference between the $300,000 and $500,000 should take care of the $230,000 which was approved from last year's appropriated balance. He pointed out appropriated balance has been used for several years in this City and a lot of times a city will keep close tabs on revenues and expend itures and try to save and not spend money if it's not necessary. He stated the only department in this City that was close or over was other governmental that handles insurance and programs. He said they anticipate a figure of over $500,000 which is what he'd told Council at the workshop. He stated they don't plan on touching any of the prior year reserves and most of the times it was budgeted, it wasn't spent. Councilmember Bennington stated other than in 1989 and 1990 the fund balance hasn't been used to balance the budget and if they needed something that wasn't appropriated, that was when they used it. Mr. Johnson suggested they check to 1984 they'll find several years it was used as a budgeting figure and most cities use it to pay extra taxes. Councilmember Bennington stated she feels they can cut the budget 5% to save money. Councilman Hatfield stated some people assume it1s a have to spend situation but it1s a guide line for the coming year and if revenues don1t meet expenditures, they have a Finance Director that will red flag it. He noted not everything's bought at the first of the year, it's spread out over the 12 months according to its priority. He stated Mr. Munoz has done a fine job on the budget and they'll have increased expenses with a population of over 15,000 from 13,313, they have more people to serve, they're seeing a recession, and it will be a problem with building. He pointed out everything that comes before Council that was budgeted they voted on and if the new Council doesn't feel they have to spend it, that's their prerogative. Councilmember Bennington moved they direct the City Manager and Finance Director to go through the budget and cut it another 5%. Councilman Gold seconded the motion. Motion CARRIED 3-2. Mayor Mitchum and Councilman Hatfield voted NO. Councilman Hatfield asked if this is a motion on the 5% across the board budget. Councilmember Bennington replied it's $243,890 to be dropped, and it's the entire budget by 5% and the City Manager can adjust whatever departments need to be adjusted and it's not limited to every department. Councilman Hatfield asked if they have to have another vote because they'll amend the ordinance and do they have to have another final one. City Attorney Alvarez replied this is it. Georae Ewina called a point of order. He asked if they're reducing the budget 5% when they already voted on a 4.6 millage rate. He said they should change the millage rate and should have had the budget first and then voted on the millage rate because the budget will affect it. Councilman Hatfield explained they're reducing the budget approximately $243,000 and in the fund balance they took money to make a 4.6 millage rate and they're trying to reduce it so they don't take it out of fund balance to be $243,000 instead of $331,000, but the millage rate will stay the same and the only change is what they're taking out of fund balance. Mr. Ewing asked if it's all departments. Mayor Mitchum explained Councilmember Bennington thought the $331,000 was inflated to come out of the fund balance and the motion was to correct it to deflate the $331,000 and it wouldn't have any affect on the millage rate. Councilmember Bennington agreed that was her intent. Councilmember Bennington moved they adopt Ordinance 90-0-35 with the condition they reduce the line item appropriated fund balance in revenues by 5% and make the adjustments in the expenditures as the City Manager and Finance Director see appropriate. Councilman Gold seconded the motion. Motion CARRIED 4-1. Councilman Hatfield voted NO. Ord. 90-0-36 Creatina Art. IX of Chapter 19. environmental standards for potable water well field protection to comply with Volusia County reauirements _ Councilman Fish moved they adopt 90-0-36. Councilman Gold seconded the motion. Motion CARRIED 5-0. 6 Council Regular Meeting Minutes October 1, 1990 , '. . u Q ~NfINISHED BUSINESS There was no Unfinished Business brought up at this meeting. COUNCIL/OffICERS REPORTS City Attorney - City Attorney Alvarez had no report at this time. City Manaqer - Mr. Johnson stated the Chamber of Commerce requested he announce a candidates forum in the Community Center October 10th at 7 p.m. and they asked that questions be submitted to the Chamber of Commerce Edgewater office, or call the New Smyrna Beach office, as they'll only take questions written out in advance, and they'd appreciate people attending. City Council - No Council member had a report at this time. QUESTIONS fROM PRESS There were no questions from the press at this meeting. CITIZEN COMMENTS Mayor Mitchum advised there's a 3 minute rule unless Council wishes otherwise. Harry Jones, 3035 Tamarind, stated he attended the meetings and the workshops on the budget and it1s odd it would get to this point before someone starts talking about some reductions, and he won't ask why. Perry Barrett, 602 Indian River Boulevard, stated there was a situation on Roberts Road about a week ago with the Building Official and Planning Director accused him regarding a building permit and he did have one for what he was doing. He distributed copies of his letter to Council and the press. Mary Duckworth, 109 Riverview, stated she and her husband operate Volusia Tire and when they moved into and occupied the premises and even though she's a tenant she was told by the City that if she didn't put a fire hydrant in she'd not be given an occupational license. She said she and her husband had to sign a statement that they'd get the hydrant or the City wouldn't give them the license. Mayor Mitchum explained they suspended this enforcement and his opinion was it would take into consideration everything, they can't force them to do it when they suspended the other. Councilmember Bennington said she understood it applies to everyone that had that problem and she so moved. Councilman Fish seconded the motion. Mayor Mitchum said the motion was anything prior to that ruling when they suspended enforcement, and asked if they have to stop at a certain date. Councilmember Bennington said within the last six months. Mr. Johnson said he understood this matter was discussed with the City Attorney. Mrs. Duckworth said she had to sign the letter and she'd like it to be dropped. Mayor Mitchum said for anyone that had to sign the letter it would be declared void. Councilmember Bennington agreed it would be part of her motion and Councilman Fish agreed as the second. Motion CARRIED 5-0. frank Roe stated whether he gets elected or not, these signs of IIno more bullll and the defecating bull are in bad taste by a developer who wants to control the next Council. He said it's a dangerous situation when a developer supports five candidates and spends $4,000 or more to carry out his purpose. He said it's their Constitutional right, they're entitled to their opinions, but it's a dangerous situation for him or anyone to pick out 5 candidates for the purpose of controlling Council. Frank Morris, 1814 Evergreen Drive, stated the political race and campaign is a normal function and there's lots of slander in higher offices. He said senior citizens will be hit with different taxes and increases and the City not lowering the millage is uneasy for the elderly. He referred to when he worked with the elderly in Boston. He said Council spends money like blooming idiots, and they should see his house, the City Manager was too busy to come down and he got a 7% increase. 7 Council Regular Meeting Minutes October 1, 1990 - ...'1 . - . ~ l) '. 1 . . ~ , . . "'CITIZEN COMMENTS (Cont i nued) Phil Alderson, 1926 Umbrella Tree, said he received a call to endorse a candidate for Mayor and one of his concerns is sewer. He referred to how the town in Massachusetts he came from decided their project would be done by the people who had the skill within the town and he suggested to Mr. Jones it might be a way to save a lot of money and it's like the way things were done before. He said the Bible has a saying regarding going back to the old ways, that most are good. Al Keaton, Kumquat Drive, read from a newspaper article about a sewer being started after 7 years at a total cost of $1.8 million for 139 people so we're not in too bad a shape for our project. C. E. Clark, 1818 Evergreen Drive, stated regarding the City wasting money on the ditch, this is part of the City's stormwater drain to alleviate water, and part of it was because of Mr. Morris's putting in a dam and his rock parking lot. He suggested Counci 1 send Mr. Morri s a bi 11 for some of the work he's so dissatisfied with. He said he had his mailbox moved and they put in a nice embankment. He said he's been getting away with it and recommended Council send a bill since he was responsible in the first place. ADJOURN Mayor Mitchum suggested a motion to adjourn. Councilman Fish so moved. Council- member Bennington seconded the motion. Meeting was adjourned at 8:30 p.m. Minutes submitted by: Lura Sue Koser EXCUSED MAYOR ATTEST: -L-f: /LP----- CITY CLERK I Approv~Q., th i s I S- day of O~ , 199~. ~d~4'M ~ 8 Council Regular Meeting Minutes October 1, 1990