People Over Politics

"It depends on whose Ox is gored". Well, my Ox has been gored dozens of times because

MY Ox is the City of DeBary and its citizens."

John Likakis

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7/23:

City Council Workshop - 7/21/10 - 6 PM

City Council Meeting - 7/21/10 - 7PM

Summary of Highlights and Lowlights

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Workshop:-

1. Discussion of International Maintenance Code. The City Manager and Mr. Stroupe presented the advantages of adopting this Code. It would compliment what the City has now and adds to the health and safety for the citizens of the City. Consensus:- Approve.

2. Discussion of Economic Development Incentives. Councilman Lenzen did not want taxpayer dollars to be used. The City Manager said there are ways to do this without writing a check. However, there were enough questions so
it was agreed to hold off on any decisions and set another date for discussion.

3. Discussion of adopting the millage rate for 2010/11. Three public hearings are required and the first one will be 9/5/10. Additional information is in the regular meeting that follows under Public Hearings.

City Council Issues:-

The liability of the City and/or individuals when required to work on private property for the Cities good - i.e. - Flooding. Additional discussion and coordination is required, including legal opinions. Action: bring up at a later date.

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Regular City Council Meeting.

*Committee Reports:-

Streetscape Advisory Committee:- Mr. Kolba filled in for Susan Preil.
He presented information on Bus Stops/Shelters and possible sponsorships to help defray costs. Planter sponsors were also contacted to see if they will continue putting in plants and what type could be used. They are also working on "Grant dollars" and will return to the Council as soon as they have more information.

Economic Development Advisory Committee:- Chairman Vihlen brought the Council up to date on the Brochure and said that a final draft may be ready for review by the Council within a week. He reported there are a few good leads for new business coming to the City. He also indicated the need for cooperation in any changes that can be made to help City businesses. Mayor Garcia voiced some concerns about why our citizens don't use our businesses. How can we turn that around? He also discussed the position of "Team Volusia" - an organization that promotes what Volusia has to offer. However, its primary area is the East side of the County. What can they do for DeBary? What is the benefit of membership? Mr. Vihlen said he is aware of this organization and would be happy to work with them. Asked for direction from the City Manager. Vice Mayor Erickson asked if it can be arranged for them to come to DeBary and present what they can do for DeBary. The EDAC will look into this possibility and report back.

*Presentations:-

Debary Golf Championship by Paul DeSilva:- There were many pro's and con's for sponsoring this project. Mayor Garcia outlined the pros and cons Councilwoman Handy-Peters agreed that it is a good cause, but we are in a difficult period of time. This sentiment was also voiced by the other Councilmen and as Councilmen Marks and Lenzen said, "We need to get our house in order" and "We need to do a lot more for the City at this time".

*Public Hearings:-

!. Ordinance #07-10:- Amending Section 2-187 of the Code regarding Responsible bidders. Motion by Vice Mayor Erickson. Passed 5-0.

2. Ordinance #08-10:- Amending Chapters 2 and 26 of the Code to provide for Emergency Management Procedures. Motion by Vice Mayor Erickson. Passed 5-0.

3. Resolution #10-18:- Adopting preliminary millage rate for fiscal year2010/2012. Roll back rate of 2.8707. This will generate an extra $428,000. and allow us to continue towards completion of specific, critical capital projects. Still keeps us at the lowest rate around. First Hearing will be 9/15/10 - 7 PM at City Hall. Motion by Vice Mayor Erickson. Passed 4-1. Councilmember Handy-Peters was the dissenting vote.

4. Resolution #10-19:- Adopting new rules Governing City Council Procedures for Quasi-Judicial Proceedings. Motion by Councilman Marks. Passed 5-0

*Growth Management and Development Review:-

1. Final Site Plan for AutoZone:- Rebecca Hammock, Planner, presented the revised Plan with Mr. Hamstra answering additional questions. Motion by Vice Mayor Erickson. Passed 5-0.

2. HUD Planning Grant:- Authorized the City Council to participate in a region wide Sustainable Planning Grant application to help fund transit and mobility planning. Motion Vice-Mayor Erickson. Passed 5-0.

*New Business:-

Items 1-3 were passed 5-0 - Change order and contracts for fiscal Year 2010/1011 for Fire Services and Law Enforcement and Municipal Services.

4. Discussion of Mayor's Roundtable Meetings by Vice Mayor Erickson.
5. Discussion of Office Space in City Hall by Vice Mayor Erickson.

I've put these together because they created some misunderstandings as to what was supposed to be discussed. I am not in anyone's court. The initial request for a discussion on these subjects was placed in each Council members’ packet at Vice Mayor's Erickson's request. It was innocent enough in attempting to clarify what could lead to public information that in turn could lead to legal consequences for the Mayor, the Council and/or the City. People meeting in groups often hear what they want to hear from a speaker and in time expect what they heard to be enacted. "But, you said you were going to....". In order to minimize these possibilities, the City Attorney was asked to list the categories that constitute meetings. They are Workshops, Special Council Meetings and Council Meetings. When a Roundtable elicits members of the Press - newspaper/TV - and members of the public interpret what they hear as facts about what will be done, a Roundtable, as nice and fulfilling as it is to the speaker and the audience, can lead to problems for the speaker and who the speaker represents. Subjects requiring attention between Council Meetings can be discussed at Special Meetings or Workshops. That has been the rule since the City's inception. It is not up to any Councilmember - regardless of his or her title - to accept or not accept that fact. Vice Mayor Erickson motioned to direct the City Manager to only publicly notice the three meetings: City Council Meetings, Special City Council Meetings and Workshop Meetings. Passed 4-1 with the Mayor dissenting.

As for special offices for Council members, our City is a City Manager strong system and as such there is no requirement for any Council Member to have an office. The need for special meetings by the public for a specific individual in a specific place is more a personal desire. The presence of Councilmember on a daily basis could create confusion as to the chain of command, who should they listen to and the possibility of micro managing.

None of this was directed at an individual. It mattered not who occupied the office. It mattered not who mixes with the public. The discussion was to protect and streamline the operation of the City. The "discussions" got off on the wrong foot because of an initial misunderstanding on what was to be discussed. It was not personal.

We have a City Manager who has already shown that he can create order out of a civic rat's nest and point the City in the right direction. In the section of the budget where the functional duties are outlined, a section lists his functions among others as "handles citizen inquiries, complaints, and requests...represents the City in its relations with the public, the press and other governmental entities...". There's more. Let's let him do his job. Everyone will benefit.

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I've watched DeBary grow the past 14 years with mixed emotions. Awe. Joy. Disgust. Confusion. Agony. Glee. Dismay. And all the adjectives that anyone concerned about this City would have felt. Letters, presentations at the podium - pro and con - and probably about 90% attendance at meetings. But now it's time to limit my activities to health, family, friends and the various joys of living.

This will be the last "Summary" but maybe not the last commentary. Keep going in the positive direction which has been started. Don't lose it with personal agendas.

Thanks for the memories.

John Likakis

DeBary POP

7/19:

City Council Meeting - 7/7/10

Summary of Highlights and Lowlights

Presentations:

The Mayor and City Manager discussed the Traffic and Engineering Division Study that was received Wednesday afternoon. There wasn't enough time to study the 10 pages of information and recommendations regarding what may be done to avoid another tragedy on West Highbanks Road. Many suggestions were made but until all the information is on hand, nothing can be done. However, the Council, the City Manager and the City Attorney agreed to place 2 driver feedback signs - the kind that we see on the big trailer that tells you how fast you're going - one at Gracie Rd and another at Sackett Rd. That's just the beginning. Every possible idea from every source will be discussed.

*Proclamation: A Proclamation was read by Mayor Garcia announcing that July 2010 will be Parks and Recreation Month in DeBary and the State of Florida. We have 9 parks in DeBary that fit the needs of our citizens in a variety of ways. Let's use them and enjoy them.

*New Business:- There were 10 items listed under this category. The 10th one was regarding the West Highbanks traffic problems which were discussed earlier. Most of the other items were routine requests that were passed quickly. However, there were 2 items that required more discussion. These items were from the Parks budget and required taking money from other funds to cover costs. Councilman Lenzen questioned the spending of numerous projects that were placed ahead of an essential, also approved by previous Council, parking lot at Rob Sullivan Park. Councilwoman Handy-Peters agreed with Councilman Lenzen. When it came to a vote, Councilman Marks commented that he would have voted "No" if it were not for the safety features. Passed 4.0. (See editorial comment below)

Editorial Comment:

The minute the City cleared what needed to be done after Fay, clearing cars parked all over the street during Rob Sullivan events should have been the first priority. Who approved these other projects? Flag Football is nice. More important than safe parking? Soccer field? Which Council approved it? It's not whether these and other projects are good or not. There is a procedure required. Not to be ignored. That's what the City Council is for. They are the overseers of the tax payer's dollars. Personal agendas almost got us into bankruptcy. Is this what we want? The consensus of the Council, an ever increasing citizenry and our new City Manager has the City going in the right direction. Think about this when you cast your vote.

It's interesting that the recommendation for transfer of money was called "...suggested bid extractions...". Extractions?! Maybe because it's going to be painful to the five other budget items that will be losing part of their budget. Where's the novo cane, Doc?

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It was good meeting with participation by every Council person. The Mayor complimented the City Manager on the preliminary list of Agenda information he presents to the Council. It helps make the meetings run smoother and faster. Suggested a review of industrial rental costs as compared to neighboring Cities, a discussion with other Cities about water costs in the future and his pleasure at the direction the City has taken. A busy man. The other Council members also spoke about their activities and they were beneficial to them and the City.

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Thanks,

John Likakis
DeBary POP

6/25:

City Council Meeting - 6/16/10

Summary of Highlights and Lowlights

6PM - Special presentation by Allen Williamson

Mr. Williamson went through the City's Emergency Plan including jurisdiction and coverage of both DeBary and Orange City Fire Services and Police Services. CERT members continue training and a nucleus of 30+ members will be most active during an emergency. Councilman Marks asked for an Organization Chart for each Councilman. He and Councilman Lenzen also asked for flood plain maps for each Councilman. Mr. Williamson suggested the Council review the Emergency Plan for any changes.

City Manager Parrott presented an outline of the Goals and Objectives for the City. The Council will review the items listed for each Department and staff and suggest any changes.

Mr. Parrott also presented a preliminary budget for 2010/2012. The two presentations are all-encompassing and very thorough. It's probably the first time the Council and Staff have been given the opportunity to review all the aspects that are required to make the City "tick".

*7PM- Regular Meeting

Council Seat 3:- Ms. Lita Handy-Peters was formally sworn in and took the seat vacated by Mr. Conoley.

*Public Hearings: Ordinance #05=10 Amending the LDC to include additional permitted uses.

Four additional uses were added to the Il Light Industrial Zoning Classification. Passed 4-0.

*New Business:- Discussion by Mayor Garcia regarding the West Highbanks accident. (2 fatalities)

Numerous suggestions were discussed regarding how to minimize - stop - these sorts of accidents. The City Manager has met with Traffic
Engineering to prepare a study on traffic volume, signage, lighting, speed limiting signs, etc. and asked for a report by the end of the month. Teachers and Parents were also reminded of the roll they play in reminding their children of the need for vigilance any time they need to cross ANY road.

The City Attorney will also prepare a list of options for review at the next Council Meeting.

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Good discussions and still almost set a new record for the shortest meeting of the year. Let's hope the rainy season doesn't create havoc with our lakes and streets. With the completion of some critical sections of the stormwater project, we may be spared. Let's keep our fingers crossed for every section of our City.

Thanks,

John Likakis
DeBary POP

6/4:

City Council Meeting - 6/2/10

Summary of Highlights and Lowlights

Presentations:-

   A Certificate of Appreciation was presented to Mayor Garcia and Councilman Marks for their cool dips in the dunk tank at the Carnival. The presentation was made by Debary Elementary School Principal Joe Rawlings. The Mayor also thanked the Ladies who helped in raising money and for the technical equipment they provided.

Public Hearings:-

   Resolution#10-17 - Request for Extension of Development Order for Riviera Bella. The Developer requested an extension of the 2B Replat Final Development Order from 3/30/2010 to 3/30/2011. Council approved the extension - 4-0.

   Ordinance #05-10 Amending the LDC to include additional permitted uses in the Light Industrial Zoning Classification. First Reading. Vice Mayor Erickson made a motion to accept. Passed 4-0

Old Business:-

   Selection of Council Member to fill Vacant Council Seat. Nomination of Lita Handy-Peters by Councilman Marks, seconded by Vice Mayor Erickson and unanimously accepted by the Council - 4-0.

New Business:-

   Traffic enforcement agreement for Riviera Bella Property Owners Association. The Liability Agreement was not available for the Council to review and the City Attorney requested that approval be contingent on receipt of the contract. It will not be valid until reviewed by the Council and signed by the Mayor. Vice Mayor Erickson made a motion to approve. Passed 4-0.

   City Manager Evaluation: It was agreed to postpone the review until the next meeting. It was also discussed to have evaluations in August starting this year and each year following.
A quick but fruitful meeting. Mayor Garcia asked about the status of Emergency Planning for the hurricane season. The City Manager said he is working on it. The Mayor wanted to remind all HOA's to contact the City for information on storm preparedness and to pass it on to their members.

The Mayor also said; "For the record, I am very proud of how this Council has accomplished so much this year.

And, on the record, I will hate to see Norm and Lenny leave at the end of the year."

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Editorial Comment:- I echo the Mayor's sentiment and wish that they would stay. They weathered a rocky year but persevered and brought to the Council and the citizens of DeBary what the City needed to survive...in spite of the naysayers. Why should they not enjoy what they have accomplished and stay to continue enhancing the operation of the City. And now, with the arrival of Mr. Parrott, there would be a nucleus in place that will not only bring proper management to the City but also a better place to live.

I ask all of you who voted for these two Council Members - the thousands who wanted change and got it - to let them know you still support them and want them back. If you agree, drop a line to POP, or a phone call or come to the next Council meeting and - by just showing up - show them you care about the future of YOUR City. This City can still be - and should be - an oasis in the midst of the concrete surrounding us. The place to live, work. and play. The reason you came here in the first place. It's the reason I did.

Thanks,

John Likakis
DeBary POP

5/23:

City Council Meeting 5/19/10

Summary of Highlights and Lowlights

A preliminary meeting was held at 6 PM to discuss goals and objectives for Fiscal Year 2010/2011. The City Manager continues to review, arrange and clarify the way the City budget should be prepared. The financial house is getting in order.
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Regular meeting began at 7 PM.

Committee Report:-

   EDAC:- Vice Chair Val Emerson presented an update on the Committee's activities. Arrangements have been made for the appropriate County Department to finalize the work prepared by Mr. Likakis on the City brochure and expedite its completion.

Presentations:-

   *American Legion Post 259 made a presentation to Deputy Greg Seymour for being named Deputy of the Year.

   *Florida Water & Pollution Control Operators Association was honored with a proclamation naming the Week of August 16 - 20, 2010 Florida Water Professionals Week for the work they do to protect our health and the environment.

Public Hearings:-

*Summerhaven Professional Centre Variance Application. Applicant is requesting relief as an "after the fact" variance in order to bring the office building into compliance with the City Code. The contractor did not verify the setbacks before beginning construction. The applicant’s request is consistent with the requirements and standards established in the Land Development Code. (Where were the inspectors in the early stages?)

Old Business:-

   *New Council Member to fill Vacant Conoley seat.
There was considerable discussion but it still came up 2-2. As Mayor Garcia said, so far, we have accomplished a lot in the last year. Councilman Marks agreed with Councilman Lenzen who said the Council agrees on 90% of all the big things the Council works on. Good discussions on everything. However, there is a group that would rather see us not agree on a lot of things. Mayor Garcia also wanted to remind everyone that all four people work hard for the City and there are no conspiracy or sunshine law violations.

   Council agreed to table this to the next meeting on June 2nd.

New Business:-

   *West Side Emergency Flood Management System.
There are three separate modifications to the project. Change Order #9 for three additional gate valves at Pump Station #1. Change Order #10, work platform for pump controls at Pump Station #1. Change Order #11 Non-conductive sleeves required by FPL over iron pipe at two locations along High Banks Road. Approved- 4-0.

   *Contracts for Public Works General Maintenance Services.
Contracts for Ovation & USA Services for public works services were discussed and motion made to approve. While the city contracts for public works services with Orange City, Ovation and USA Services may be employed during emergency situations to ensure 100% coverage for our city. Passed 4-0.

   *Street repair overlay project.
The City Manager reviewed the list of streets selected and developed repair specifications. Two options were prepared: first option, $779,471.88 second option, $540,349.60. The major difference would be the extent of the area of each street selected vs. individual sections. The City Council budgeted $600,000. for the current year overlay program. Option #2 was selected. Motion to approve; Passed 4-0

   *Internet Cafe. Two "Cafes" appeared with the intent to activate banks of computers as their offering. There were questions raised as to how the Occupation License was acquired and why the City was never notified. One is at Winn/Dixie Plaza and the other on Enterprise. The City Manager and City Attorney will be looking into the validity of these "Cafes" and report back to the Council.

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   There was interesting discussion during the Council Member Reports on a variety of subjects, some of which may become Agenda items for analysis and more detail. It's true...they do agree on a lot of things and work well together.

Thanks,

John Likakis
DeBary POP

4/23:

City Council Meeting 4/21/10

Summary of Highlights and Lowlights

*The regular Council meeting was preceded by a Workshop at 6PM. The City Manager had prepared a list of 13 subjects for discussion. These were items that if placed on the regular agenda would have added a lot of time to the meeting. Consider it "Housekeeping". A great idea which only took 50 minutes. He also prepared A Cash Flow Analysis showing the Cash Balance as of 3/31/10 with supporting pages for the Council to review at their leisure. All told...a breath of fresh air.

* Committee Report:- Economic Development Advisory Committee presented by Vice Chair Val Emerson.

   Status of the Brochure was discussed regarding taking advantage of the Volusia County department where they prepare County printed matter. This would give us access to their equipment and expertise in preparing the final copy of the brochure. City Manager will initiate contact for John Likakis to meet with the County Staff.

   Mrs. Emerson also discussed working with the County in forwarding information on potential businesses that could locate in DeBary. Also the involvement of the EDAC with the County EDAC. A very nice presentation of an update on EDAC activity.

*Public Participation:-

   Mr. McGrath spoke about the variety of signs in DeBary and the need for the Council to be careful in deciding how to handle this problem as they proceed to discuss solutions to the problem.

   Colleen Chamberlain reported on the status of the Census activity in DeBary and that it appears we are -once again - tops in percentage of signatures turned in. We beat last year and by the time all the follow-up signatures are counted, we should really be tops.

   Ms Chamberlain was presented with a Certificate of Appreciation by Mayor Garcia for her work in gathering signatures and working with Councilman Marks in meeting with local groups to emphasize the importance of returning the Census forms. She surprised Councilman Marks by presenting him with a plaque for helping her throughout the City.

*Public Hearings:-

   Ordinance #04-10, Clarifying provisions of the City Charter relating to Council vacancies. The City Attorney prepared the wording to amend and adopt the Ordinance. Vice Mayor Erickson made a Motion to adopt as read. Passed 4-0.

*Old Business:- Discussion of Process to fill vacant Council Seat.

   Mr. Coleman asked if the procedure might be a violation. The City Attorney explained that there is no violation as long as the City Council is acting in good faith to fill the seat. Vice Mayor Erickson read from the Charter regarding the procedure. Mayor Garcia answered Mr. McGrath's question and told him that the Council will discuss it tonight and make their choice at the next meeting.

*New Business:-

   1. Approval of an ECHO Grant for improvements at Rob Sullivan Community Park. Another ECHO Grant was awarded and both will now be put together for an amount of $347,100. Bidding and a schedule for the project will be started. Vice Mayor Erickson made a Motion for approval. Passed 4-0.

   2, 3, & 4. These were Change Orders related to the Flood Management System. The changes were the result of working in new areas that turned out to have buried items that were not on the original diagrams. Some of the Councilmen questioned the "Surprise" for all these orders but GAI and Mr. Hamstra explained what occurred after Fay and how FDOT requested that certain pipes needed to be moved. It was suggested that a meeting may be called to see if some of the costs can be shared. Councilman Lenzen said that we need to get FDOT involved in regarding possible problems and costs with Miller Lake if we have a heavier than average rain "event" this summer. Motion to approve all three Change Orders, Passed 4-0.

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A good meeting and the early workshop made for a successful evening that ended at an early hour...about 9PM. Maybe this is a start to a new way of keeping Council Meetings to "one cushion" events.

Thanks,

John Likakis

DeBaryPOP

4/9:

City Council Meeting - 4/7/10

Summary of Highlights and Lowlights

Committee Report:- Mr. Allen presented the Criteria for Issuance of Certification as it pertained to the Farmton Project. He outlined the need to follow the Law while meeting all the criteria. Discussion followed regarding adjacent jurisdictions and who would be around to follow up on the Project as it develops through 2015, 2020 and so on through to 2060. Mayor Garcia presented his concerns regarding water, schools and how it would impact DeBary.

(Since the meeting, some additional commentary regarding this Project appears in POP Editorials)
Public Participation:-

Mr. Gangitano spoke on behalf of his neighborhood regarding the Lakeside Project not being on schedule and how it is affecting his neighbors. He expressed concern if the project is not completed before Hurricane season.

Mr. Hamstra, Project Engineer explained the phases required as they relate to the various water bodies and the requirement of protecting the FEMA money. He assured Mr. Gangitano that the city is doing their best and may have the area taken care of by September.

*Water Conservation Month. Ann Benedetti of the SJWMD thanked the City for the efforts being made for water conservation. Mayor Garcia asked that the SJWMD be aware of the need to clean up Gemini Springs and the role that Utilities play in this picture.

*DeBary Business Group:- A lengthy discussion was made by DeBary Business Owners regarding signage, various interpretation of the codes and suggested amendments to the various codes. Change the Ordinances to accommodate all stores. Involve the EDAC in working with the business community in preserving business and bringing more business.

It was agreed that a meeting will be held with the City Manager, the EDAC and the Business Group. Many good ideas were presented. Now they have to be blended into the Community and then present their findings to the City Council for action.

Public Hearings:-

Ordinance #04-10 Process for filling Council Vacancy was passed 3-0

Resolution #10-11 Franchise fees was passed 3-0

Resolution #10-08 Utility easement at 37 Florence Blvd. Passed 3-0

Details regarding these three items are available from the City.

Growth Management:-

Abatement of Code Enforcement lien at 123 Lower Lake Court was settled for the cost owed to the city. Passed 3-0.

Old Business:-

Discussion of the process in filling the vacant Council seat. The names of the candidates were read and it was agreed they would each answer 4 questions that were reviewed by the Council. The candidates should return their answers by 4/14 to be ready for discussion at the next Council meeting on 4/22.

New Business:-

There were 5 items on the Agenda. These are items that are generally considered housekeeping. Change orders, contracts. etc. All passed 3-0.

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It was a good meeting and even ended at an acceptable hour.

Thanks,

John Likakis
DeBary POP

3/20:

City Council Meeting - 3/17/10

Summary of Highlights and Lowlights

*Committee Reports:- This was the inaugural of Committee Reports which was moved from the end of the Regular Meeting.

EDAC:- Mr. Sid Vihlen, Chairman of the Committee, reported on the status of the brochure and an update on the results of working with the County EDAC. There may be two Companies who will be looking at sites in the Industrial Park area and other possible locations.

Mayor Garcia is meeting with a Business Organization on 3/18 for a discussion of the direction our business community may want to take.

*Presentations:- By Mayor Garcia.

Proclamation to the Daughters of the American Revolution honoring Women's History Month for the historic contributions they have made to the growth and strength of our country in so many ways.

Certificate of Recognition honoring ten year old Daniel Rodriguez who is in the fifth Grade at DeBary Elementary School. His accomplishments include the Honor Roll for the first two quarters, Class President, School Safety Patrol, Guidance Club and will compete in the 51st Annual Orlando Sentinel Spelling Bee in Orlando March 25th.
Pretty good for this nice young man. We wish him good luck.

*Public Hearings:-

Resolution #10-12 - Adopting Volusia County Local Mitigation Strategy.
Mr. Allen presented a summary of the meeting. Which included adopting initiatives for a "wish list" on disaster funding. Be ready to adopt what's required. To act as needed. Vice Mayor made a motion to accept. Passed 4-0

*Growth Management & Development Review:-

Final site plan for Missionaries of Hope, File #GAI-08-12 FSP.
The final site plan was approved. The City Manager read the outline of the proposal and indicated that the zoning, Comp Plan and LDC met the requirements. Vice Mayor Erickson made a Motion to accept. Passed 4-0.

Omega Research. Request for an extension of the Final Site Plan by Mr. Klich. Council agreed. Passed - 4-0.

*Old Business:-

Engineering Services. Miscellaneous Stormwater related services required because of above average rainfall we also have to be ready for hurricane season. Not to exceed $25,000. Vice Mayor Erickson made a Motion to accept. Passed 4-0.

*New Business:-
Item #1 - Mr. Conoley's resignation was discussed briefly and the consensus of the Council was that he and his family be OK and wish them well. After much discussion on what is required by the Charter to fill a vacancy, it was determined that the City prepare a "Form" to be filled out by citizens who would like to be considered for the vacancy. A cut off time will be set for submitting names. Discussions of Candidates at the end of March and selection on April 7th. Item #2 - Change Order No. 4.requires modifications in order to maintain progress towards completion of WSFEMS project. Vice Mayor Erickson made a Motion to authorize the $11,108 required. Passed 4-0. Item #3 - Councilman Marks thanked the City Manager for his Updates and suggested the Council have a workshop prior to the Council Meetings to review any questions. It was agreed to meet one hour prior - 6PM - on the second meeting of each month. Passed 4-0.

Item #4 - Update of Financial Statements. The City Manager, Mr. Parrott, presented a Cash Flow Analysis and the reasons why this is so important to the operation of the City. This and other financial analyses had not been done in the past. He thanked Mr. Seelbinder and Mr. Graham for helping him prepare a rather massive document. Mr. Parrott condensed the needs and the importance of monthly financial reporting in a manner that could be reviewed more easily by the Council.

Item #5 - Discussion and Action regarding in-house Planning Services and Development Review. Mr. Parrott outlined the current costs to the City, and what it would be if these functions be brought in-house. He suggested 2 Planners - Category 1 and a Category 3. It would more beneficial to the City and cited as an example the costs for preparation of the "EAR" project that is exceeding $230,000. Vice Mayor Erickson made a motion for the City Manager to proceed with this suggestion and the transition required. It was also suggested that all GAI documents completed and current be returned to the City as each project is completed. Motion Passed 4-0.

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Another milestone was reached It was a "one cushion" meeting. It ended at 9pm !!!!!!!

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At the end of the meeting, Mayor Garcia spoke about the Census. I had written down, in my scribbles, the number $300,000. It was a reminder that it's important for everyone to fill out and mail in the Form. And it doesn't matter if you're rich or poor. It will impact EVERYONE.
It doesn't matter if you have deep, silk lined pockets or a ragged bag for your worldly possessions. And it doesn't matter if you speak English or not. DeBary needs everybody who lives here to fill out the Form.
The larger the population count, the more
dollars we get from the Feds and the State. The more population, the more eligibility for Grants. Something this
City has sorely missed in past years. Put it all
together and it spells extra money for public projects and
can increase the quality of life in a myriad of ways. And it can be done without raising taxes. We send a lot of money to local, state and federal
governments. Let's get some of it back. The 3000 additional residents since the last census can add up to $300,000 /yr. Up to three million dollars in 10 years.
It's up to all of us to make it happen.

As for privacy, once the Census Form is received
and counted, the information disappears into anonymity.

Thank you,

John Likakis

DeBaryPOP

PS:- Reinforcing the importance of this Census, Councilman Marks and Mrs. Coe Chamberlain

visited 10 Citizen's groups meetings - including the Rotary Club and an AARP meeting - to

explain the Census and answer any questions. They were courteously received and

know these members will spread the word.

3/6:

City Council Meeting - 3/3/10

Summary of Highlights and Lowlights

*V - Additions, Deletions and Amendments ;-

Councilman Conoley requested the addition of 4 items to be added to the New Business Category. Mayor Garcia was excused.

*Presentations:- Fire Tender Update.

Allan Williamson, Safety Coordinator, discussed the additions made to the Tender as required by Law. A variety of reinforcements were made, extra lighting inside and out and numerous additions that would make the Fire Tender even more effective than before. The Fire Tender will be ready for action by mid-June.

*Public Hearings:-

- Ordinance #03-10 - Second Reading. Amending Land Development
Code to prohibit Card Rooms in DeBary. Vice Mayor Erickson, Councilmen Marks and Lenzen made short comments - all valid. Passed - 3-1. Councilman Lenzen dissenting.

-Resolution #10-10 - Amending Resolution #08-14 to provide for a change to the Council Meeting sequence of subjects. Committee Reports will be item number three on the agenda. Passed 4-0

-Resolution #10-11 - Authorizing change of signatures to replace Mr. Cooper who tendered his resignation from the Orlandia Heights Neighborhood Improvement District. Vice Mayor asked him to retain his office until a replacement is selected.

*Old Business:- Three items, reviewed at the last Council Meeting, were returned with the necessary changes made in each one. Councilman Conoley requested that each of four Contractors listed on Item 1 be approved individually. He asked for this because one of the Contractors did not have a Certificate of Insurance statement in the Packet when it was submitted on Friday. It had been done but didn't get to the Councilmen's Packets until Monday. Councilman Conoley used a Procedural issue that required Agenda Documents be in Councilmen's packets by end of day Friday.
This requirement was agreed to by the previous Council in order to stop the delivery of Agenda Items being delivered on Wednesdays, giving Councilmen no time to read the information before being asked to vote.
City Manager Parrott said that in his opinion one item out of a total, generally, should not affect receipt of a contract. There are cases where items need to be fixed, and can be, if the bulk of the basic information was delivered on Friday. Passed 4-0. Items 2 & 3 of this grouping also Passed 4-0.

*New Business:-

-Final payment to Masci Construction for completion of 2 Stormwater Capital Improvement Projects. Final inspection performed and found complete. Passed 4-0.

-Bid #01-10 for CDGB Grant Project at Rob Sullivan Community Park awarded to Whitehouse Contracting. Passed 4-0.

-Discussion of VCOG by Councilman Conoley:-

-There was extensive discussion regarding membership in VCOG - $5,000. - and whether or not it is beneficial to DeBary. Councilman Conoley presented some reasons why DeBary should not be a member and made a motion for the City to drop out of VCOG. Vice Mayor Erickson, who attended the meeting, felt that it was very political and they weren't interested in hearing the pro's and con"s of "Smart Growth" and RR Station costs. Councilman Marks asked if they are once again looking for a new name for Smart Growth and he agrees with Vice Mayor Erickson. Councilman Lenzen said we have to be careful on how we approach these topics. "We need to know what others want. We have common goals with Deltona, Orange City and Deland." Edgewater thinks it needs more growth. What are other Cities looking for? Councilman Conoley said that every City is not a member. VCOG is basically special interest voting. They speak for us and that's not good. Vice Mayor Erickson said the Mayor should be here to give his opinion. However, a vote was taken on the Motion. 2 -2. Tied. No decision.

-Councilman Conoley raised the question of who can sign for the City - a Consultant or an Agent. The City Attorney said it is a management decision. They can be given approval by the City to sign either way.

-Position of Asst. Mgr.:- Councilman Conoley said the Council has the right to fund or not fund the position. He does not want to fund the position. He wants to eliminate the position - and the current Consultant contract which ends March 10th - and review it all in 6 months. Vice Mayor Erickson suggested that it would not be a good idea to handcuff the City Manager just as he is beginning to understand what has been going on, particularly how the City's finances have been handled. Also the review of all Contracts and review of Staff and job descriptions. Councilmen Marks and Lenzen agreed with the Vice Mayor and said it was the City Manager's call.

The City Manager said that there is a lot of work to be done in a transition period. He asked that Ms. Blissett’s contract be extended to the 17th. This is the date of the next Council Meeting at which time he will make a presentation on the status of "where we are".

After listening to all the comments, Councilman Conoley asked that his Motion be withdrawn. The City Manager asked that Ms. Blissett's contract be extended thru the 17th. Motion made and Passed 4-0.

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It was a good meeting . A lot was accomplished in a SHORT time. The cushion almost made it to the end.

Thanks,

John Likakis

DeBaryPOP

To read John's editorial about the meeting click below:

POP EDITORIALS

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The reason for the lateness of John's summary can not be blamed on Miss Emily; the computer decided to act up and was just returned wth a much improved attitude.

City Council Meeting - 2/17/10

Summary of highlights and lowlights

* Public participation:-

   This item warrants presentation to the citizens because of the severe nature of what has transpired due to negligence by previous City management. A Summary doesn't do it justice but I will present their comments without editorializing.

   Four homeowners - and probably more - who live in the 200 Plumosa area of DeBary came before the Council to find out why they have not been able to get their homes "fixed". Homes that have cracked walls, sink holes growing in their front yards, driveways cracking, water flooding the area and assorted problems that are making these homes uninhabitable. These problems go back to early last year with various homeowners making calls and writing letters to City Hall regarding the behavior of the contractor who was working near their homes felling trees, and using bulldozers and other equipment in a reckless manner. Felling mature trees near homes will crack anything. They told the Contractor, the City Manager and the    Assistant City Manager about the problems. To no avail. They asked who was doing the inspections. No answer. They asked who was responsible. No answer. They just want their homes fixed RIGHT.

   Mayor Garcia apologized for what they are going through. The City Attorney told them that there was litigation and insurance discussions under way and not to do anything at the moment. Not what they wanted to hear but at least they know something is happening. The Mayor suggested they call him, and/or the City Manager, at the end of this month to give them an update on the status of the situation.

* Commuter rail:- Pat Northey, our representative at the County, suggested creating a "Sun Rail Coalition". She said she would be talking about this at a County meeting and how a coalition might be put together. Vice Mayor Erickson suggested working with other groups in the area to form a coalition.

   Mayor Garcia read an e-mail from Orange City that indicated DeBary was not interested in a train station and they would like to have the station. The Mayor said this is not true and wrote a letter to the County Council outlining DeBary's position for a station going way back to the first TOD (Transit Orientated Development) meeting. The fact that questions regarding costs, etc. are being asked is only a desire to get the best station for DeBaryat the right cost. No surprises.

   * Public Safety Advisory Committee: Chairperson Ann Batson brought the Council up to date on their activities. Emergency Plans are prepared, three more hydrants have been installed, the new fire truck has arrived and keeping senior citizens aware of dangers is part of the Committee's programs.

   * Stormwater update; Kevin Hare of GAI made a slide presentation on the status of various projects throughout the City. Everything appears to be proceeding on schedule and within the budget.

   * Ordinance #03-10 - First Reading - Operation of Card Rooms within the City of DeBary.
   This Ordinance prohibits the establishment and operation of Cardrooms within the jurisdictional boundaries of the City of DeBary. Passed 3-2 with Councilman Lenzen and Mayor Garcia dissenting.

   *Resolution #10-07 - Time limits on presentations
Provides a time limit of 15 minutes for all presentations unless the Council - at their discretion - extends the time. Passed 5-0.

   * Old Business:- DeBary Elementary School "No Name" Lake Naming.
   Each grade level was given a lake to name. There were six lakes:

Former # New name

   11    Eagles Eye Lake - Kindergarten Class

   14    Golden Eagle Lake - First Grade Class

   15    Peaceful Eagle Lake - Second Grade Class

   33    Eye of the Eagle - Third Grade Class

   32    DeBary Freedom Lake - Fourth Grade Class

   31    Soaring Eagle Lake - Fifth Grade Class

Thanks, Principal Rawlings and Warren Graham

* New Business:- Two of the items listed for discussion were tabled until the next meeting because of discrepancies within each. They will be reviewed, revised and returned to the Council for approval.

Item 2, Bid #07-09, Three Lake Interconnect Project. Passed 5-0.

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Editorial comment:

For those who yearned for the good old days of how the City was run, the Plumosa problem is another inheritance for this Council to take care of. If just the basic requirements of monitoring contracts had been followed, this would not be happening. Unfortunately, there may be more situations that may rear their ugly heads in the future. As for being required to accept the lowest bid, I would think this would not be required if the lowest bid is also from a bidder whose track record leaves much to be desired. These Companies should be on an "alert list" so they are not eligible for City business. Why should another "Plumosa" be allowed to happen?

Our "Civility" sign had its first breach. It was short and handled nicely by the Mayor. If a member of the audience wants to comment on a discussion, they just need to fill out a form and give it to the City Clerk who will give it to the Mayor. Each Councilman has his own way of presenting his opinions and questions. It may not be the way an audience member may like, but if it gets to the point, then respect their opinions and suggestions on a given topic. They will respect your comments when you get to the Podium.

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Thanks,

John Likakis
DeBary POP

City Council Meeting - 2/3/10

Summary of Highlights and Lowlights

*Presentation:- EDAC presentation by Val Emerson, Vice Chair of EDAC.

Mrs. Emerson brought the Council up to date on their activities and cleared up a misunderstanding regarding setting a date for a joint meeting with the City Council. Mr. Vihlen had prepared 5 items that should be discussed. Mrs. Emerson reported on speaking with the County EDAC and said they can furnish a lot of good information. They have a paid professional staff and can work with the City Council to discuss and generate ideas.
One of the items the EDAC suggested needs to be done is a "brochure" to present the City to potential businessmen as THE place to relocate or start their business. At the completion of Mrs. Emerson's presentation, it was agreed that a date for the joint meeting will be set ASAP.

Mr. Likakis asked to speak to the Council regarding the preparation of a brochure. He did not want the City to expend money for photography and design when we already have both. Unfortunately, this goes back about six or more years with numerous starts and stops. He told the Council that he still had a rough copy of the design, copy and photos and would like to put it all together - again - and present a preliminary brochure within the next week to the Council and the EDAC for review and comment. It is underway. He also suggested that a second, more detailed "Industrial" brochure be prepared as follow-up to inquiries and potential visitors.

*Public Hearings:
Ordinance #02-10 - Transmittal of EAR Based amendments to the Department of Planning, Zoning and Development.

City Council, acting as Land Planning Agency, approved the Ordinance and then acting as the City Council approved the Transmittal. Passed - 5-0

Resolution #10-04 - Amending the Personnel Manual to provide for an On Call/Stand By Policy. Passed - 5.0

Resolution #10/05 - Amending Resolution #97-08 to delete member term limits for members with special skills needed to do the job. Passed - 5-0

*Growth Management and Development Review:

Extensive discussion with Mr.Alex Ford, the City Council and the City Attorney regarding a potential interpretation of the Comprehensive Plan for Mr. Ford's client. No decision was made and it was agreed to furnish the Council with additional information so they can make the proper decision. To be taken up again as an agenda item in two weeks. Passed - 5-0

*New Business:

Discussion regarding time limits for presentations. It was agreed to allow 10-15 minutes with any extension up to the Council. Passed - 5 -0

A Memorandum of Understanding between West Volusia Cities and Volusia County regarding water.
This was a request to join an interlocal agreement that is fraught with questions and does not answer the question of "What's in it for DeBary?"
"What's the actual cost going to be?" Councilman Conoley said we need a Memorandum of FACTS". Mr. Allen said the Agreement ran for 23 pages. The Mayor will prepare a letter of intent outlining the concerns for the cities. He also said; "We should have a seat at the table and be recognized. And our concerns discussed".

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Editorial comment:-

The section on Interpretation of the Comp Plan and the Memo of Understanding took a good portion of the Council's Time. And rightly so.
When the City balked at the Partnership Center's lack of detail and the fact it would have hung a 40 year payment plan on DeBary, some of the other Cities started asking questions and eventually stopped the project. This MOU needs the same questioning - not only by DeBary - but by the other Cities involved. And maybe they, too, will see it may not be such a hot deal when all the dust settles.

City Council Meeting - 1/20/2010

Summary of Highlights and Lowlights

*Presentations:-

Historic Preservation Advisory Board Update by Ken Webster and Mike Beeghly.

The Advisory Board has been collecting and cataloging the history of DeBary. A huge task. Rather than change personnel because of the three year term of members, it was suggested that they submit a letter to the City Manager requesting an appointment for an additional three years in order to maintain continuity in gathering and cataloging the valuable information and materials on hand. They will prepare a letter as suggested.

* A Unique Business Plan for Volusia County by Mr.Stephen Bacon.

Mr. Bacon presented a plan offering increased tourism through the use of all kinds of sporting events, rides, connections with Sanford, St. John's River, Blue Springs and many other sites and parks. Spread out to Daytona Beach and the Space Center and other sites and events. A collection of information from current brochures and possible costs. Unfortunately, Mr Bacon said he was given 20 minutes for his presentation by someone, possibly the Mayor or City Manager. No one volunteered and the Mayor offered some additional time which amounted to approximately 10 more minutes. Mr. Bacon insisted on continuing and was again asked to stop.

The Vice Mayor said this is how it starts to deviate from procedures. Appreciate Mr. Bacon's presentation. But any presentation should fit within the time frame as also stated by Councilmen Lenzen and Conoley.

*Public Hearings:-

Ordinance #01-10 - Amendment to the DGCC Planned Unit Development at 100 DeBary Plantation Boulevard.

Second Reading. Discussion presented a general consensus by the majority, based on the petition signatures, to approve the zoning change.
There were also residents who did not sign the petition and who still felt the area could be flooded again and who also were unhappy with the tactics used to get a majority. Motion to approve - 3-2, Dissent by Vice Mayor Erickson and Councilman Marks.

*Old Business:-

Facilities use agreement with DeBary Little League was approved 5-0.

Update Stormwater Capital Improvement Budget:.

Mr. Hamstra presented a list of six projects underway. The charts listed these six and an update on all the other projects. Councilman Conoley questioned the status of the 300 May Place and why a Grant was being sought before the Council was made aware of the request. Mr. Hamstra and the City Manager clarified the position of the City regarding this property and explained that it is a "time sensitive" project that could save the City thousands of dollars. Councilman Conoley said no direction had been given. "The City Manager made a terrible mistake". 300 May Place was removed from the list.

Mr. Hamstra said the projects are all coming in under budget.

*New Business:-

Gambling:- A discussion on how to handle future situations regarding gambling was added to the agenda in order to see what has to be added to the Comp Plan to protect the City and to help future Councils in handling this sort of request. Ms. Love had prepared some wording that helped the Council's discussion and also suggested the Council look at the method used by Sanford to control where gambling can or cannot be placed. The Council asked Ms. Love to send them copies for review and further discussion.

Various stormwater projects were reviewed and updated by Mr. Hamstra. At the moment, all projects are proceeding as planned.

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Try as they might, the Council had to add time to the discussions. A good part was spent on finalizing the procedure for the hiring of a new City Manager and the role that will be played by the Interim City Manager after he arrives. Hopefully it will be a smooth transition.

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Editorial comment:- I thought there would not be anything to comment on after looking at the Agenda. The Council did a good job on keeping things moving along - except for Mr. Bacon. However, a citizen presented the perfect example of what I have been writing about for years: the goring of the famous ox. This individual, said in so many words: “I don't care what's happening anyplace else in DeBary. I want my specific problem taken care of. And I want it now!”

He hath spoken.

Sensitivty. Compassion. Empathy. Concern. The gentleman may want to take a tour of Webster's for a quick lesson.

Thanks
John Likais
DeBary POP

City Council Meeting 12/16/09

Summary of Highlights and Lowlights

Just a note on the Parade:- As always, the Christmas Parade was a joy to watch. From the "Little Darlings" to the "Starlight Promenaders" and to the Floats and "Tanks", motorcycles and acrobats. A most pleasant time for all. A complete list of Parade winners and Lighting Display Contest winners is available at City Hall.

* Comprehensive Plan Update. Shalene Estes, Planner:-

A review of the Amendments and the Future Land Use Map administrative change was presented by the Planner. The Department of Community Affairs has also requested that a traffic study be submitted on a parcel in the Southwest Mixed Use area. There was extensive discussion on the need to keep this moving forward quickly in order to meet the March 2010 date for transmittal to DCA.

Vice Mayor Erickson requested a date be set in January, 12th or 14th, 3PM for a Workshop on this subject. Ms. Estes suggested that the Council also consider a Workshop on what may need to be done around the Sun Rail Station area. The Vice Mayor said; "we need to follow up on all the things we should be doing. Even if it means bringing in the DCA." "Keep things in front of us. Set time and dates."

* Consent Agenda and Public Hearing items were passed 4-0.

* Background checks for City Manager finalists:-
A number of suggestions were presented by Vice Mayor Erickson:

The first was to review the existing contract by 1/6/10 to make any changes that may be required.

The second was to be ready to make background checks by 1/13/10. It was agreed to use the City Attorney to arrange for the background checks and results sent to each Council Member in sealed envelopes. A cost of $4000.or less was passed 4-0.

It was also agreed to plan for the Interim City Manager's contract to overlap the date a new City Manager is selected. Further decisions would be made by the new City Manager.

Date for interview and selection was tentatively set for January 27. The Interim City Manager will check availability of this date and report back to the Council. The 27th from 1-6PM would be favored. Passed 4-0

* Grant Application for Hazard Mitigation of Naranja Road/Second Street.
Proposal in the amount of $14,985.08 was passed 4-0.

* Smart Growth screen presentation by Vice Mayor Erickson:-
The negative and positive effects of "Smart Growth" were presented.

The City Clerk has a copy for those citizens interested in learning about what was presented.

* Employment Opportunities:-
The Council discussed the possibility of having a "Job Fair" sometime in February aimed at DeBary residents. Canvass current businesses in the Industrial Park areas and other businesses for jobs that could be filled by our residents. Set up a meeting date and place. It was suggested the EDAC be given the assignment for details, etc. and report to Council.

* It was a good meeting with fruitful discussion in each category.

Thanks,

John Likakis
DeBary POP

Editorial Note from Norm Erickson: This was a great meeting and a lot was accomplished. There was disagreement yet compromise. No one got everything they wanted: we discussed, debated, and made a decision as a council that was stronger than any one individual.

City Council Meeting - 12/02/09

Summary of highlights and low lights

Right after the Pledge of Allegiance,the Mayor announced that he is turning the meeting over to Vice Mayor Erickson and left the room.
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Presentations:-Certificate of Appreciation; Sheriff's Office.
Captain Osowski received the Certificate on behalf of the detectives who were instrumental in not only breaking up a massive drug operation in DeBary but also arresting 19 of the 20 defendants. The four Detectives were brought to the podium for a well deserved "Thanks" from the audience.

Smart Growth:- Mary Swiderski and Rafael Montaldo. VCOG & VLOC
They showed a screen presentation of the Smart Growth Principles that are being used to explain Sustainability and implement the creation of a committee which will be also needed to develop tools for growth and to protect the environment. Councilman Lenzen said, "They've come along way in understaing what's at stake. They're doing much better now." They said, "It's time for everyone to get together and do something. Too many years have passed since these discussions started.

* Hearing re: Violation of the Charter by Mayor Garcia.

A Hearing was held to determine whether there had been a violation of the Charton regarding directing instructions directly to Staff instead of going through the City Manager. It was determined after much discussion and questioning of Mr. Seelbinder, Finance Director, that no violation was incurred. Council voted 5-0 confirming the verdict. The Mayor addressed the Council and then left for a vacation.

*Old Business:- 45 Alicante Road. Mr.Farjad property.

A discussion was held regarding Mr. Farjad's help to the City during the flooding and subsequent construction. The Council acknowledged his cooperation and they directed the City Manager to "go that extra step" in restoring the property.

*New Business:-

EDAC Brochure. Even though a brochure was agreed to be created to attract businesses to DeBary, the many versions were never done. Councilman Marks suggested the EDAC get closer to the business community and to start preparation of a brochure as soon as possible.
A Welcome Wagon program was also suggested by "Milly" This had been proposed some years ago but never got off the ground. Maybe this time.
Councilman Lenzen said there are a lot of questions to be answered regarding attracting new business to DeBary and asked if a list of options be prepared for the Council to review.
The City Manager reported that she is in touch with Mr. Ables regarding the "Vision" process and will establish a meeting date to resume discussion.
Councilman Marks about an Ordinance that was to be prepared 7-8 months ago regarding gambling in DeBary.The City Clerk brought up the information showwing that Mrs. Love was supposed to have done this. The City attorney and the City Manager will check it all out and notify the Council.
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It was a spirited meeting and a lot accomplished. Let's hope things go smoothly from this point on.

Thanks,

John Likakis
DeBary, POP

City Council Meeting - 11/18/09

Summary of Highlights and Lowlights

* Public Participation:-
Mrs. Pertler said that there appears to be no coordination between permitting, planning and code enforcement regarding size and placement of signs. She described her problem and a meeting with the City Manager was scheduled to resolve the problem for her and for others. Also....
The Debary Civic Center was honored with a plaque naming it a Historic Site. Sharon Pertler, President of the Association, accepted the plaque and said the Civic Center has been active for 60 years helping people and hosting many events. Mayor Garcia and Councilman Marks made brief speeches thanking the Civic Association for all their they do for the City of DeBary.

* Presentations:-
Mayor Garcia presented a Certificate of Appreciation to Student Government Association President Ryan Rinaldo and Vice President Denise Fierro for combining a Football Pep Ralley and a Food Drive for families needing assistance. They and their fellow Government Association students made it an outstanding success.

Volusia Honor Air.Flight IV.:-
Chairwoman Bernadette Britz-Parker gave a slide presentation of this twice a year program that takes WWII veterans on a round trip flight -
at no cost - to Washington DC/Arlington National Cemetery to visit the Monuments and Memorials and the Tomb of the Unknown Soldier. She made a great presentation and hopes more WWII veterans from this area will join with others for the trip in May. (More details at the end of the Summary)

EDAC Committee:-
The new Chairmman, Sid Vihlen and Vice Chairlady,Val Emerson, outlined the proposed direction this Committee will be taking and how it will interface with the City Council. The City Manager will sit in on all EDAC meetings and a report will be presented every other month. Pat Northey, our County Representative, made several suggestions on how to make the Committee more effective for the City and the County.

* Consent Agenda. Pine Valley Court, CIP #07:-
A one time authorization was given to purchase mitigation credits in the amount of $20,000 to offset a 0.4 acres required for drainage improvements. Passed 5-0.

* Old Business:-
City Manager selection criteria and process. Vice Mayor Erickson said," Even though we all seemed to want the same thing when we were reviewing the first set of candidates, it turned out we did not. This second search is due to the past behavior of a small group of citizens and statements by the Mayor." The first choice, Mr. Weaver, accepted and then rejected the contract. A member of the Florida City Manager Association triggered an ethics investigation by the International City Manager Association’s ethics committee. That committee found Mr. Weaver in the unfortunate position of having to try to build working relationships in a poisoned atmosphere. Mr. Weaver was exonerated of all allegations while the blogs and Mayor’s comments were at fault for creating a difficult situation at that time.
Vice Mayor Erickson submitted a list of 8 candidates he had reviewed and listed them in no particular order. This was just to start the Council on their own short lists for discussion on Dec. 7th at 6PM. A very thorough discussion was had by the Council.

45 Alicante Road property. Mr. Farjad:-
The City and Mr. Hamstra worked hand in hand with Mr. Farjad regarding drainage problems in his area and on his property. The city will restore any damages/landscaping, etc. as soon as everything necessary has been done. There was no monetary agreement mentioned until recently when he said the previous City Manager Maryann Courson had OK'd a payment of $4,999.99. This was unknown to the Council. It evidently was based on the City Manager being allowed to spend up to $5,000.00 without any approvals. How many more $4,999.99 checks are floating around out there? For how long? Needs a fixin', pronto !!

* New Business:-
Public Works Contract. The City Manager was authorized to prepare a contract with Orange City for Public Works General Maintenance Services. The City Manager estimated a month or so is needed to come back with a contract. It was suggested an interim contract be prepared for Mr.Hamstra for engineering services not to exceed $25,000 and 90 days. Passed 5-0.

Fire Truck Financing:- Authorized City Manager to review Credit applications and select the one most favorable to the City. The current leader at this time is $240,000.00 at a rate of 2.64% over 5 years.

* City Charter violation:
Vice Mayor Erickson stated that at a previous meeting the Mayor “asked” Mr. Seelbinder, Finance Administrator, to "..put all your efforts into getting the money back from FEMA." This was a violation of the City Charter regarding asking "Staff" to perform a particular task without first discussing it with the City Manager. (City Charter: 4.02-(d) 4.04, 4.07-(b) 4.09). The City Attorney outlined the requirements for a hearing, the people who might be involved, questioning of Staff and other parties who will speak under oath as well as the requirement to place a notice in one local newspaper within 7 days. A Hearing will help clarify what happened in order for the Council to come to a proper decision.
A roll call of the Council for a Hearing passed 4-1 with the Mayor dissenting.
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A lot was accomplished and well within the allotted time. Discussions were brief and to the point. We're getting there.

Thanks,

John Likakis
DeBary POP
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Editors Comments: Two Sections. Honor air and Council vote for a Hearing,

Volusia Honor Air:

I had the privilege of being able to make the trip to Washington/Arlington Cemetery earlier this year. When asked, "How was it?", there is no simple answer because it is more than a visit to the monuments and the changing of the Guard at the Tomb of the Unknown Soldier. It begins at 4AM at Daytona Beach Airport where more than a hundred people of all ages line the path to the airplane, call you by name to say thanks, waving flags and wishing us well. Where did all these wonderful people come from? At such an hour in the morning with smiles and energy?

Even the pilots of the US Air Jet that will fly us and our "Guardians"? Vets with walkers. Some in wheel chairs with a Guardian assigned to each group of three to help in any way necessary. They pay their way and were with us everywhere. If they were as terrific as my Guardian, Donald Feaster from Port Orange, then I know everyone had a wonderful day. And even our State Representative, Mrs. Cosmos, mixed in with the crowd at lunch and gave a great speech about vets and why she is so ready to stand for veteran's rights.
The flight returned at about 7PM and guess what? There were just as many wonderful, enthusiastic pople as in the morning lined up to wish us well and to say thanks. There were a lot of wet eyes in the morning and in the evening.
For those of you who may know a WWII vet who has not taken this trip, please let them know the next trip will be in May. They can call Mrs. Parker at 386-738-5500. Any businessmen who would like to help would be welcome. Thanks, John

Hearing for Mayor Garcia:-

It might seem harsh but it was the right thing to do. If a "minor" violation is ignored then there is no point in having rules or regulations to make certain everyone is playing on the same field. A lack of attention to so-called "minor" violations is what put the City onto a financial brink. As more and more questionable management decisions begin to see the light of day the more important everyone follows "The Rules". The Charter, The Comp Plan, The Land Development Code. And the more the present Council "inherits", the more the majority of our citizens will see what it's been costing them these past years.
Was a Hearing required regarding this violation? There is no question there was a violation and each Councilman was aware of it. Would a "Censure" have been enough? It would have acknowledged the fact that a violation occurred and with fewer requirements to prepare and resolve. In my opinion, I think it might have been sufficient.
This Council had a shaky beginning but it has mellowed in the past few months as each Councilman sees what's being accomplished by respecting each other and their opinions. The Council does not belong to anyone but the people of DeBary. Five individuals elected to do their best for the City. Not on personal agendas but on the City's needs. Not with rancor or misinformation. But it needs the help of citizens to come out of their "enclaves" and see what the rest of the City looks like. Don't wait until YOUR Ox is gored. And don't fall to vocal minorities who only deliver unsigned comments, vulgarisms and elusive "facts".
Let's get past this stage. I'm sure you each would like to see this City be the envy of every City around us - in all respects.

Thanks again (if you read this far)

"The Council shall be the judge of...grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths, and require the production of evidence."

The Council by majority vote would have to charge a Council member with conduct constituting grounds for forfeiture of his office to commence the public hearing process to remove a Council member for the grounds set forth in Sec. 4.07 of the charter.

Unless the first contact regarding improprieties are given to the City Manager for action, personal attacks are not "City Business" and should not be presented at a City Council meeting. Then, and only then, if the City Manager cannot resolve the problem should it go further.

Mr. Rinaldo, who is in charge of the Farmer’s Market at the Gateway Center for the Arts, reported that things are going extremely well and plans to increase the time he will be open from 8AM to 2PM to accommodate the increased crowds.

Capt. Osowsky reported on the successful arrest and closing of a drug ring that was using forged prescriptions to get and sell oxycodone - right here in DeBary!!! He praised the help of the neighbors and the good police work that enabled them to discover and apprehend within 3 months of discovering the house in question.

He also reminded the audience that DeBary is not immune to drugs, robberies and other crimes. Everyone should be vigilant in order to keep it to a minimum.

* Empire Cattle Land Use Map Change:- A thorough search was made to determine the status of parcel #20. Council agreed to approve an Administrative future land use map amendment for this parcel and include it with the EAR-based amendments. Passed 5-0

* 46 and 48 Naranja Road:- (also 53 Alicante Road.) Mr. Hamstra of PEC reviewed the status of these locations with additional information from an MPO representative who explained the requirements and directions for the sidewalk projects in the area. The total cost will be split with FEMA 75%, City 25%. MPO and Mr. Hamstra will do their best in coordinating the construction with the Stormwater Projects. A Resolution was needed to get started. While it is getting prepared a Letter of Agreement will be mailed to allow the work to get started right away.

Vice Mayor Erickson suggested checking to make sure these projects do not combine in a way that would increase flooding in the area. Passed 5-0

A Landscape allotment is being considered to help restore the areas that will be damaged. Mr. Hamstra presented slides to show the area that will be affected. They will their best to preserve and protect the power easement.

Mr. Kolba, Mr. Gigantano and Mr. DeCrystal expressed their thanks to the City and to Mr. Hamstra for their efforts on these projects.

* 45 Alicante Road (Mr. Farjad) :- The property owner, Mr. Farjad, has been working closely with the CIP Project engineers to make the best transition of the relocation and placement of the drainage improvements. There is a Short Term portion of this project and a Long Term portion. The Short Term was approved by the Council - 5-0 - and the Long Term will be brought back to the Council with more accurate costs before approval. It was also suggested that the Council send a letter of appreciation to Mr. Farjad for his cooperation and consideration in getting this portion of the project underway.

* Fire Services:- Approval given for the transfer of equipment , property, etc. and a review of all the contracts is underway with the City Attorney. The transition is working very well with both Orange City and the County working with DeBary. A Tender Truck was approved for the purchase - $53,000.- with a 5 year term @ 3.8% interest. Councilman Marks indicated that this is actually 2 trucks in one and is a good buy. Passed 5-0.

* City Manager selection system:- It was decided to move to the next meeting because there were still to many questions that need to be answered. Each Councilman would bring his "wants" for a City Manager - i.e. accountability, honesty, various views, and consistency. There were 86 resumes submitted before closing at 5PM Friday.

* DGCC Stormwater engineering and design research:- There appear to be several issues regarding engineering and permitting of this project. To go back to determine "fault" may not be feasible. There are possible County Engineering, Design Engineering, Statute of Limitation and other things to check. Vice Mayor Erickson said they could be "Nature Issues" in some areas. Mr. Hamstra presented old and new lake elevation numbers as an example. Councilman Marks said that it will be fixed in time, anyway. Council voted 5-0 not to proceed.

* Amendment #1 to Interlocal Agreement with Volusia County for Road and Bridge Services":-It was agreed to extend the service through 12/31/09. Passed 5-0.

We have a beautiful City with great potential for people who want to live quietly, avoid as much of the in-fighting as possible, help their neighbors by getting out of their enclaves to see the rest of DeBary and become a part of what can make this everything you thought it would be when you moved here.

We can still be the West Volusia Oasis surrounded by seas of concrete - if you want it to be.

Two Councilmen were excused for this meeting- Mayor Garcia and Vice Mayor Erickson.

* Public Participation:- Mr. McGrath and Mr. Gangitano thanked the Council and Mr. Hamstra for the work done on Lower Lake. Mr. Gangitano voiced concern for the Lakeside drainage. He also suggested the 3 streets that were going to be torn up as part of the West Side Project might be combined into one project to save time and money. Mr. Hamstra will look into this possibility.

Mr. Chapman voiced concern about a possible violation of the City Charter by Councilman Conoley. He cited Sec. 4-04 (a) as the reference for the violation. Councilman Conoley should have gone through the City Manager before speaking to the two people who the Councilman spoke about at the previous Council meeting. Mr. Chapman asked if this could be put on the next meeting's Agenda for discussion and possible forfeiture of Councilman Conoley's seat. The City Attorney stated that there was information in Roberts Rules of Order regarding these situations and that the City Manager sets the Agenda. The Council may rule on how they want to handle this hearing and can vote yes or no on the proceedings.

Boy Scouts of America:- Zachary Lapinsky, Merit Badge Candidate, will be monitoring our Council meetings to listen and learn to earn his Merit Badge on Citizenship, which is a most worthy cause. Let's help set a good example for him.

* Presentation:- Certificate of Appreciation to David Hamstra from FEMA buyout participants. He put in many hours working on this phase of the Storm water Project.

Unfortunately, Mr. Hamstra was having a throat problem and could not speak above a whisper to say thanks to everyone.

* Old Business:- It was sort of a "Mutual Admiration Society" at the beginning of this discussion on advertising for a new City Manager. Kudos for how quickly Ms. Blissett Interim City Manager, took hold of the myriad problems that needed attention.

It was suggested that the advertising for a new City Manager be put off for 2 months to get past the holidays and also keep everybody concentrated on the current needs of the City. However, it as agreed that since the Council had already voted for a 30 day wait they should proceed with the search. However, it was strongly recommended that the advertisement be carefully worded. Ms Blissett had prepared a suggested ad and Councilman Conoley had also written some ad copy. They agreed to combine the two into one making sure that all details are in there and are correct. There was still the need to discuss all aspects of what the City wants in a City Manager and AGREE on the particulars.

This subject was postponed for a month. There are still numerous questions to be answered and a full Council should be present.

Councilman Conoley asked the City Attorney if the City can bring legal action against builders, developers and others who had dealing with the City and who cost the City hundreds of thousands of dollars over the past years. The City Attorney said that it would be too costly to try and go after suppliers who dealt with the City earlier than 2001-2002. He agreed that the City can go after more recent suppliers and he will look into that and report back to the Council.

Mr. Marks did a good job running the meeting and helped set a new record time of approximately 1-1/2 hours.

Why is this so late? Evidently, my computer developed a desire for making its wonderfulness and tricky behavior a test for the experts who took a long time to figure out how it can send partial sentences, paragraphs and erase the rest of the information. And this is a hell-of-a long sentence. So, it took few days and the necessity to re-type the Summary 3 times before it floats to the Website. My fingers are crossed for #4. Difficult to type this way !! So, here we go.

Forensic Audit:- Presentation by Deede Weithorn, CPA of Berkowitz Dick Pollack & Brandt. Report of Findings.

The following items ( 1-11 and A - D ) have been re-typed from the actual audit report, which is 13 pages long, that was presented to Council on 9/16:

The following items should be considered for potential discussion and actions to be taken:

1. Timely audits must be done to meet statutory deadlines and protect Grant opportunities.

2. Quarterly budget transfers must be done and financial information disseminated to the Council for review.

3. Guidelines on what may be a potential conflict should be developed. For instance, vendors performed building department functions and also did work on behalf of the City.

4. Internal audit function established to test for adherence to policies and procedures.

5. All expenditures over a designated amount (i.e.$1,500.) should be listed and be part of monthly consent agenda for greater transparency.

6. Periodic financial report included in the consent agenda highlighting the financial condition of DeBary.

7. A hotline should be used to receive tips/comments on possible areas for improvement or impropriety.

9. A further review of internal controls to determine if any additional weaknesses exist.

10. Start the budget process earlier. Minimize duress. Amendments can be made as often as necessary but must be passed before Sept. 30th.

11. Review possibility of an upgrade to financial software and size of accounting staff.

B. Detailed interview with former manager including an investigation of financial issues.

D. Design and assist with the implementation of a Commission management reporting package.

Editor's Comment:- This was a long time coming and gives the Council the chance to get the City's house in order. You'll be making decisions that will impact the future well-being of the City AND its Citizens.

All lakes except No Name are at proper levels. Mr. Hamstra presented a list of 28 projects yet to be done. Vice Mayor Erickson said this list was too important to be rushed without additional back-up information , priorities and how these projects will be funded. It was agreed to make this an Agenda item.

Staff will be meeting with FEMA to clear up why they want to pay the City just $19,000. out of the $500,000. we should get because - they say - the City has been pumping for 365 days. A look at rental receipts - in - and rental receipts out - for each pump should clear the problem....maybe! Councilman Lentzen made a motion to start returning pumps whose lease is coming up and just keep some pumps on hand for possible emergency use. Passed 4-1 Councilman Conoley dissenting.

Resolution 09-15:- Adopting a tentative Ad valorem millage rate of 2.572 for the fiscal year 2009/2010.

The word "Tentative" triggered a discussion on when changes can be made to the mil rate, There was still time according to the City Attorney. Mayor Garcia explained the difference in income and taxes between the Roll-Back Rate and the current rate. At the previous meeting the Council had agreed to stick with our current rate. Motion made to keep current rate, Passed 4-1. Mayor dissenting.

Resolution 09-16:- Adopting a tentative annual operating budget for fiscal year 2009/2010.

Vice Mayor Erickson agreed that we need a budget ASAP as the "Audit Lady" said. Questioned the accuracy and how do we know where the money is going.

Mayor Garcia made a motion to approve. Passed 3-2 . Erickson and Conoley dissenting.

Councilman Marks made a motion that the City Clerk, Stacey Tebo, and the Interim City Manager, Kassandra Blisett be authorized to sign along with Mr Seelbinder. Passed 5-0

There was discussion as to when to start. Ranged from right away to 2 months so that the City can catch up on all the things that need to be done ASAP. Clear the table a bit. Motion made to wait 30 days before starting. Passed 5-0.

Apology:- . Vice Mayor Erickson reminded the Mayor of an exchange of words during the last Council Meeting. He said they were a threat to him and also unbecoming of a Mayor. The Mayor’s apology to the Council and citizens was much appreciated and sincere. Upon completing the apology he asked if Vice Mayor Erickson would shake his hand; Erickson said he would with one caveat: “If you behave that way again I will make a motion that you be removed and if I don’t get a second I will leave the meeting.” The Mayor said it would not happen again. They shook hands.

Councilman Conoley thanked the Mayor for the apology and agreed that no Council member should act that way toward another member or towards any citizen; if it does happen again, Councilman Conoley said he would leave the meeting with Vice Mayor Erickson. The Mayor repeated that it would not happen again. Councilman Conoley and the Mayor shook hands. The Mayor stated, “…let's get on with the problems of the city.”

The following is a copy of my presentation to the Council on this date. Even though this was a budget meeting, I asked to speak on two subjects: audience chatter and to help clarify some of the reasons why Mr. Weaver was chosen and Mr. Gonzalez was not. There were just a few people at this meeting so I decided to put this on POP so more residents are aware of the process. I have not changed any part of what I presented.

The first item was a suggested reminder to the audience that would be placed on the screens before each Council meeting and taken off after the meeting has started. It briefly states the need to refrain from interrupting speakers or carrying on conversations while the Council was deliberating. A similar statement was offered back in 2007. The Council will review the statement, make any changes and decide if it is appropriate to use.

The second item is a copy of what I hope will clarify some of the reasons for choosing Mr. Weaver and to let the people know that there was nothing personal in the decision. It follows the “civility” presentation, hence the opening lines.

On a separate subject, I also find it disconcerting to hear some negativity regarding the choice of Mr. Weaver for City Manager. He was selected by a vote of 4-1 after a thorough review of 86 resumes and another review of five finalists. His background of 20 years experience and accomplishments as a Manager in various Cities could not be ignored: Financial Management, Budget Control., Regulatory Compliance, Staff Development, Grant Acquisition, MBA Accounting, Finance and more.

This is not a reflection of Mr. Gonzalez. While I thought his resignation was premature, I applaud his answer at the August 24 th meeting when being asked a variety of questions by the Council as to his intentions, etc. when he said, “I will wait until I speak with Mr. Weaver”. That should also be the direction the Council should take. Do not make decisions now that are the responsibility of the new City Manager.

As for Mr. Weaver being a “stranger” to DeBary, you might consider that as a plus. He has not been influenced by past procedures that have put the City on the brink a few times. He is not beholden to any group or procedure that does not make sense for the good of the City. We did not run a popularity contest. If we had Mr. Gonzalez would have won in a landslide. Not only for his cordiality and ability to respond to citizen’s requests, but also for his work ethic. What he was given to do he did very well. It is unfortunate that during the previous City Manager’s tenure he was not given the opportunity to expand his horizons through additional City Manager courses at a local University – as she was offered when she was Asst. City Manager yet she refused. Whatever his decision, I wish him success and above all – Good Health.

I look forward to a renewed vigor in this City and renewed professionalism in its operation.

I did not prepare a summary of the 8/24/09 meeting since it was primarily to discuss Mr. Gonzalez’s resignation and to review proposed contracts for the new City Manager.

There was some heated discussion on procedures and a thorough review of the two versions of the Contract. Each Councilman had items to add or subtract, rewrite, etc. Mr. Langley, the City Attorney helped clarify and combine some of the terminology with help form the Council. He put it all together and prepared a revised copy “by the crack of dawn” so that it could be sent to Mr. Weaver right away. The Contract was received and signed by Mr. Weaver. Our thanks go to Mr. Langley for helping expedite the process.

City Council Meeting - 08/19/09

Summary of Highlights and Lowlights

Public Participation:- Mr. King of Margarita Road stated that he is still having flooding in his area and has been waiting six years to get it fixed. Water accumulates around his house and runs across the sidewalk and down the street. He was told this area is on the current schedule to be fixed.

A request was made by Councilman Conoley to include discussion of the '09/'10 budget, add it to the Agenda and make it the first subject to be discussed because time is running out. This way items discussed at the Workshop can be incorporated into the budget. Council agreed.

Councilman Conoley had prepared 4 pages of budget information covering Outflow of Funds, Debt Service, Special Revenue Outflow and Inflow of Funds. He also prepared a list of suggested cuts in the '09/10 Budget. These and other cuts were discussed by the Council. Cuts totaling $600,000. have to be made.

Each Councilman had prepared a list of suggestions and each was discussed.
Line items were looked at, fiscal management delays, lack of Grant preparation, and in general one of the most thorough reviews of what hadn't been done in the past and what needs to be done now. As Councilman Lenzen said; "It’s time to get our house in order." The changes will be made in the Budget and reviewed again by the Council ASAP.

* Stormwater update by David Hamstra:-

Mr. Hamstra prepared maps and charts showing the current status of the flood management system. There are 34 lakes, 24 are land-locked and 20
are pumping. The cost is between $30,000. and $40,000. per month. Vice Mayor Erickson said it would be good to take advantage of any dry days to lower the lakes by an inch or so. Councilman Marks reminded the Council that with "El Nina" or "El Nino" lurking we need to be vigilant.

Mr. Hamstra also presented a new lower cost for the use of an alternative lining for some of pipes in the West Side Emergency Flood Management System. Council approved the change, 5-0

* Fire Service:-

The Council reviewed both Orange City and Deltona proposals and decided to select Orange City to partner with DeBary. Both services were deemed to be good and one of the factors was cost. Orange City was $500,000. less. The LOS - Level Of Service - will be equivalent to what the County provided with both City's benefiting.

* Comprehensive Emergency Management Plan:-

Allen Williamson presented the revised Plan which incorporated changes suggested by the Committee, Chaired by Councilman Marks, that reviewed the original. The Council will look it over and advise Mr.Williamson of any additional changes. The Plan will be kept current by reviewing it after any emergency requiring its implementation.

* Rob Sullivan Parking Lot:-

A brief discussion at the last meeting regarding the continued lack of adequate parking was clarified by Councilman Marks at this meeting. He read the minutes of the June 4, 2008 Council meeting where the Council authorized the expenditure of $77,000. for a parking lot and improvements. It evidently was ignored.

*** Last but not least:-

The election of Mr. Kenneth Weaver as City Manager.

Mr. Weaver brings over 20 years of experience as a City Manager, County Administrator and Executive Director. In brief, his expertise is in:

Financial Analysis and Strategy
Policy Development
Budget Control
Purchasing
Staff Development
Strategic and Tactical Planning
Grant Acquisition
Growth Patterns
Crisis Resolution
Regulatory Compliance

We look forward to welcoming Mr. Weaver to DeBary.

Thanks,

John Likakis
DeBary POP

City Council Meeting - 7/29/09

Summary of highlights and low lights

The meeting opened with a request by Mayor Garcia and Councilman Conoley to move some Agenda items forward. Everyone agreed.

*FEMA buyout program:-

There was spirited discussion from the Council - and from 4 members of the audience - regarding the allocation of the money. 5% of the net purchase price of the homes to be demolished or 5% of the City's 25%.

The Council had voted to allocate $67,000. - 5% of the 25% - at the February Council meeting. Between February and July numerous discussions by numerous people - within City Government and outside - contributed to the confusion even though the Council had already approved $67,000. A payment was authorized by the then City Manager for the Collins property based on the net purchase price. The Council was never notified.

The consensus of the Council was that the only fair thing was to offer the other 9 home owners the same amount based on 5% of the purchase price. It was a "moral responsibility". Councilman Lenzen added that these properties have value to the City as part of the stormwater system. It is the right thing to do. Vice Mayor Erickson agreed and added "What else is coming down the pike that we don't know about?" Motion made and passed 4-1. Councilman Conoley dissented.

*Walgreens. Parcel 3 which is to the north of Walgreens bordering No Name Lake :-

A letter from the Acting City Manager to Mr. Watts, Attorney for the property owner, citing the Comprehensive Plan and why the owner has the right to build on that section of the property. The letter states that A & B category restaurants can be built in that area. This includes sit down and fast food restaurants. The Council will review the letter and discuss it at a future date.

Editor’s note: I spoke before the Council asking them to be aware of the environmental impact of building on this property and the fact that it is subject to flooding as is the Highbanks side. The developer is also planning to take a portion of No Name Lake - fill it in - in order to have enough room to build. No Name Lake is part of the Emergency Stormwater Project and I don't think the City should allow any tampering with this project.

*Ad valorem Tax rate:-

The Council voted to keep the ad valorem tax rate the same as this past year - 2.57. The City will not get as much money as it would with have gotten the roll-back rate, but in these times it will just have to tighten its belt just as everyone else is doing. Motion passed 4 - 1 . Mayor Garcia dissenting.

*Comprehensive Plan: Sections 9, 10, 11:-

The Council reviewed the Plan and made numerous changes to bring it up to date. The Comprehensive Plan changes will be incorporated by the Planner and reviewed again by the Council before sending it up to Tallahassee to the Department of Community Affairs. They will review and comment before sending it back.

Editor’s Note:- The Council spent many, MANY, hours reviewing the Comprehensive Plan and they - and the Planner, Shalene Estes, - deserve a well deserved "THANKS" for an important job well done. This has been a long time coming - way past the normal review date - and hopefully will have eliminated a lot of the wording that allowed various entities to interpret certain sections to their advantage and not the City's. Probably should have another review next year to see how it's working and what input the new City Manager may have.

Thanks,

John Likakis
DeBary POP

City Council Meeting - 7/15/09

Summary of highlights and lowlights

A young lady (didn't catch her name] came before the Council to express concern about a home in her area - Summerhaven -that is being converted to an Assisted Living facility that will house 6 people and probably a Manager. She said that this is putting a "business" in a residential area and cited some possible code violations and statutes regarding this. The Principals involved had spoken with the City Manager last year who sent them a letter stating it did not meet the requirements of the Land Development Code. They evidently decided to go further and were able to obtain an Occupational License from someone "higher up". The Council asked the City Attorney to look into this and report back.

Editorial Comment:- Couple of things. This was the first time the Council heard about this. They are at a disadvantage now to do anything. But more important, what's to keep more and more home conversions from being started in residential areas? Only 1000 feet apart is required. Who will be consistently inspecting these homes to make sure these people are properly taken care of? Will the inspections be quarterly, annually, or monthly? Who's responsible: City? County? State? Will additional bathrooms be added? Co-ed or single gender? Traffic? Parking for visitors? There are many questions that still need to be answered.

* Director of Environmental Management:-

Discussion of water problems and how they are meeting with City Officials to educate them and in turn the people in their Cities on water conservation methods. Vice Mayor Erickson asked about the promoting of citizen conservation efforts when builders are putting up hundreds and hundreds of homes that will require more water. The speakers comment, "There's lots of water out there. It will just get more expensive." Councilman Marks suggested a 30% cut across the board – for citizens, agriculture, and industry. Councilman Conoley talked about the East and West controversy as did Mayor Garcia. There was some talk about getting together again to discuss the subject in greater depth.

Editorial Comment:- I cannot understand how this learned gentleman can go against everything that's been published regarding the danger of depleting the aquifers, damaging the flow of water from Springs, salt intrusion which is irreversible, flooding as more and more concrete replaces land, as that horrible word "mitigate" is supposed to take care of wetlands and watershed lands that are covered by developers and politicians looking for more tax dollars - whatever the future costs to the people and the environment. Sure you can build desalination plants. Just a billion or so per plant. Sure you can pull water out of every river and build treatment plants to "clean" it. Just half a billion each. He was right when he said it "would be more expensive." And who gets to pay for all this. The taxpayer - for years and years.

This is too big a subject, but I could not let a statement like that go unchallenged. Florida is a water dependent peninsula with a finite amount of water. Like it or not. I'm still looking for the person who knows how to MAKE water. .

* Soft Shadow Lane Stormwater Improvement Project:-

The bid was in three parts. Construction; $739,128. Engineering and Inspection services; $62,050. Reserve; $32,153.

Councilman Marks asked if the E&I Inspection Services were negotiable. It was determined that they were. There was extensive discussion and Vice Mayor Erickson made a motion to approve part one and three. Vote passed 5-0. Vice Mayor Erickson made a motion to have the Acting City Manager to negotiate the $62,050 cost. Passed 4-1

* Purchase of 300 Alexandra Woods Drive:-

There was extensive discussion regarding the $25,000. purchase price. There were numerous options because the house and property are in the hands of Wells Fargo Bank. They have a house on their hands that they need to get rid of. The City can use it for more stormwater control or purchase from the City by someone who may want to restore it.

Council decided to have the Acting City Manager re-negotiate the price with Wells Fargo Bank as far down as possible before deciding what to do.
Passed 5-0.

* Procedure for interviewing City Manager prospects:-

Councilman Conoley read a proposed contract and the Council will review and discuss a final version. Travel costs and lodging were discussed and it was agreed to allow those out of town to arrange for their own air tickets and present their receipts for re-imbursement. Lodging would be at the Hampton Inn and rental car covered by the City. Date set for 8/11.

* Steering Committee:-

Mayor Garcia indicated that it was difficult getting outside money to fund the Project. The Moose Lodge donated $450 and he donated $450 to cover the first two phases. There is still a $3000, balance due in order to complete the project. Councilman Marks said that the payments, though not illegal, create a bad perception. Vice Mayor Erickson added, you will be voting for something you paid for. Mayor Garcia said he wanted to get the money put up front and didn't know the additional costs for the next 2 phases. Without the money the Committee is over. When asked, the City Attorney also said the perception created is there. Councilman Conoley agreed that nothing is wrong but the perception is there. All funding sources should come through the City. Councilman Marks said that the program should continue in its entirety. Return the money to the Moose Lodge and to the Mayor. The Mayor said that this project is good for the City. Councilman Marks repeated that the Vision Strategy should go through and funding of the $3900 (3000 for the remainder of the sessions plus 450 each to Moose Lodge and Mayor Garcia) should be paid by the City. Motion made to continue the project, return the money and pay for the project with City money. Passed 4-1.

Editorial Comment:- The dissenting vote was Mayor Garcia's. Maybe in the midst of all the discussion he didn't realize the Vision Strategy was still to be completed in full. Just checking.
It was a good meeting...except for the seats.

Thanks,
John Likakis
DeBary POP

City Council Meeting - 07/01/09

Summary of Highlights and lowlights

Four presentations were read by Mayor Garcia:-

1. July was declared to be Parks and recreation month.

2. A Certificate of appreciation was presented to honor "Brit", the Sheriffs Department K-9 and his handler. Brit was retiring after 6 years of exceptional duty in the fight against crime.

3. The Principle of the DeBary Elementary School accepted a Certificate on behalf of himself and all the faculty for leading the school to its 7th consecutive "A" rating. Kudos to one and all.

4. Three members of local Boy Scouts announced they are going to be working on earning Merit Badges. The subjects will be Recycling, Vandalism and Constitutional Law. We wish them success.

* Discussion regarding the "Short List" of potential City Managers.:-

Each Councilman read the names on their short list from the list of 86 that were submitted. There were many with excellent credentials. As of July 16th the 5 individuals to be interviewed for the position of City Manager are:

*Apologies for inadvertently leaving Anthony Gonzalez's name off when this was first posted. Rod Morgan who was previously on the list is no longer available and Anthony's name was missed in the process of making the change.

Additional info may be obtained at City Hall. More discussion and procedures will becovered at the next Council meeting 7/15/09.

* Discussion of fines/liens collections:-

Among those discussed was Highbanks Marina. This is the longest lasting series of fines and the largest amount owed the City. It has been on and off City Council Agendas for years. A motion was made - and passed 5-0 - to have a date set for their appearance before the Council to finalize a settlement. A meeting in August was suggested.

* Nomination of EDAC members:-
It was decided to prepare a presentation as to what is expected of the Committee, the direction it is to take and the parameters within which they will work. Details at the next Council meeting.

* New Business:-

The problem of repeat flooding in the Gateway Center and Highland Country Estates areas was turned over to the Engineer of Record to check and see what has to be done.

Items 1 & 2 on the Agenda were discussed in depth. The CJ/Darcy property and the many options that could be taken took most of the time in Mr.Hamstra’s review and the discussion that was generated by the Council. There is no way to include all that was discussed. It would be difficult to wade through the litany of alphabets - DOT's, FEMA OK's, Permits, GAI, PEC, Grants and so forth. Mr. Hamstra and the Council did get it all straightened out so that the important work could go on.

Vice Mayor Erickson asked, "Where will all the money come from?" Mayor Garcia said "The process to have that information for the Council is underway with Staff."

Regarding Saxon Woods, the City Attorney said they haven't straightened out the insurance questions but he may have the answer in 2 weeks.

Thanks

John Likakis
DeBary POP

City Council Meeting - 6/17/09

Summary of highlights and lowlights

AGENDA ITEMS:- Councilman Conoley suggested the Council add under New Business a brief discussion regarding City Manager selections. Agreed.
Vice Mayor Erickson suggested moving Fire Services,X-2 on the Agenda, to follow the Stormwater presentation. Agreed.

STORMWATER PUMPING UPDATE:- Mr.Hamstra showed old and new maps, FEMA map revisions that updated the flood plain indicators. The new maps are based on a more accurate survey of 1 foot elevations.
As a result, a letter was sent on 6/12/09 to 684 property owners showing the flood zone revisions. They match the most recent flood areas.
During the May '09 severe event, 27 pumps were deployed and running. The early start helped prevent any flooding. When Mr. Hamstra asked the Council for direction, Councilman Marks said, "Keep pumping. That's my suggestion." Council agreed to keep the pumps that don't have to be returned -30 day rental- for another 30 days. Mr. Hamstra will select the pumps and recommend which pumps can be moved to new locations.
Vice Mayor Erickson suggested Resolution 09-07 be extended and amended - formalized- which City Attorney Langley will prepare. Motion passed 5-0.
The FEMA papers for the buy-out program are in hand. The money is to arrive in 4 weeks. The Council agreed to hold off until the money is in hand before starting the program - just in case.

Expansion of the Borrow Pit was discussed and FEMA will share costs since this will be part of the Stormwater program.
The disposition of the CJ/Darcy property is still undetermined.
The Saxon Woods problem is still unresolved. The berm was built too low and could breach during a hurricane or heavy rains. There was discussion about the history, missing pipes, County responsibility, insurance delays, etc. Unfortunately, should it break, the water goes into DeBary Villas and other DeBary properties and ends up being DeBary's problem and cost. A variety of solutions were discussed with no definite recommendation. The
Asst. City Manager will look into the feasibility of some of the ideas and report back to the Council regarding costs and any legal action that can be taken.

FIRE SERVICES:- The COUNTY - not the City - wanted to opt out of the fire services. They confirmed it at their 6/18/09 meeting. Mayor Garcia had been talking to both Orange City and Deltona regarding this possibility. The City is prepared to review who would be the best partner. A short presentation was made by the Deltona and DeBary Fire Chiefs. The Mayor emphasized that there is no question that DeBary will have the highest degree of fire service available when all the details have been worked out. The people of DeBary will be protected.

Editorial note:- It is unfortunate that my response to the misinformation in POP and in the flyers that were passed out within the City arrived too late to calm the fears of the citizens who took the time to come before the Council and relate what happened when family members lives were in danger. Only the prompt and skillful intervention of the fire and ambulance service saved their lives. To listen to the fear in their voices because they thought the City was canceling the Fire Service makes it more unconscionable for those who participated in this travesty. Let's hope it never happens again.

INTERLOCAL AGREEMENT; CITY AND COUNTY USE OF THE BORROW PIT:- The use of the Borrow pit for County reclaimed water was discussed at the previous Council meeting. It was determined that only the City will have use of the Borrow Pit for stormwater and reclaimed water disposal. Vice Mayor Erickson suggested the City have a few "seasons" using the Borrow Pit before anyone else is allowed to add to the capacity. This could be reviewed in the future. Otherwise cease any efforts to share. Motion passed 5-0.

GAI SCOPE OF SERVICES:- West Side Emergency Flood Management System. City Attorney Langley reviewed the request for Construction Engineering and Inspection Services. He indicated that the Master Agreement was for assignments that cost less than $1 million. The contract called for an expenditure of $4,960,235., which exceeded the maximum. Mr. Langley suggested the project be broken into 6 phases. Only Phase 5 would exceed $1 million. Only that phase would be put out for bids while Phases 1-4 and 6 would get underway so no time is lost on this part of the stormwater project. Agreed: 5-0.

EDAC COMITTEE RE-INSTATEMENT;- Councilman Marks suggested certain changes and additions that need to be done. Vice Mayor Erickson noted that the Comp Plan has instructions on what an EDAC should do. Councilman Conoley proposed an additional 6 items that could be part of the changes. Councilman Marks made a motion for the discussed changes, including Councilman Conoley's 6 items be incorporated into the new Ordinance. Mr. Langley will prepare the new Ordinance, Passed 5-0.

CITY MANAGER SELECTION:- Councilman Conoley suggested a date be set to review the 5-7 selections made by each Councilman and set another date for final selection, notification of those who should be called in for an interview and letters sent to all those who didn't make the final cut.

Editorial Comment: It was a long meeting. Ended at 12:30 AM. Stormwater and Fire Service discussions took the most time. And rightly so. However, it is difficult for the public to sit in chairs that are very uncomfortable - on the butt and the back. You could see them leaving as each hour went by. Maybe as long as we have Stormwater updates to be done, start at 6:30pm and list it that way on the Agenda so that people not interested would show up at 7 PM for the balance of the Agenda items. It could reduce the overall time for each Council Meeting. Just a thought.

Thanks,

John Likakis
POP

City Council Meeting - 6/4/09

Summary of Highlights and Lowlights

Presentations:- Suggestion made to change agenda order to:

1. Declaring 6/6/09 St. John's River Clean Up Day

2. Affirming Partnership with the US Census Bureau supporting the 2010 Census. Mayor Garcia emphasized the importance of everyone participating in being a part of this most important day by filling out the forms which will be sent out in May 2010. These new figures can influence the number of political officials assigned to each state/district and also financial factors as they relate to each States population.

3. Stormwater Update presentation by Mr. Hamstra.

4. Forensic Audit presentation by Mr. Fector.

* Stormwater Update:- Mr. Hamstra of PEC reported that all the pumps are working well. The DeBary area received 14+ inches of rain between 5/12 and 5/29. 25 pumps are in operation as of 6/1. No unusual problems. Mr Seelbinder, Financial Administrator, reported the cost of running the pumps is approximately $61,000 and up to now the cost is $317,000. FEMA may re-imburse the City for most of the costs based on designating this area as an Emergency Area by the President.

Councilman Lenzen asked about rental dates/cutoff periods. Each pump has a cut-off date of 30 days from the day rented. He reminded the Council of the need for an adequate reserve to be on hand before Hurricane Season gets going. Councilman Marks urged that pumping continue as long as possible and necessary. There have been few pump noise complaints so far as more people realize the importance of helping neighbors "down the line" from flooding, etc. Vice Mayor Erickson suggested putting these updates on the City's Website to help keep citizen's aware of how the City is handling the stormwater situation. He also asked for the actual amount of money on hand after subtracting "encumbered" (spoken for) dollars and the balance (savings) remaining. Mr.Seelbinder will furnish the breakdown.

* Forensic Audit:- Mr. Fechtor of Berkowitz Dick Pollack and Brant outlined the 3 steps - or phases - used in a Forensic Audit and explained how a Forensic Audit differs from a regular audit. They go into a greater depth - all underlying documentation. Vice Mayor Erickson said he wants to know what's happening and has happened financially so the new City Manager will be starting with a clean slate. Everything could be fine and it would benefit everyone to know that. Vice Mayor Erickson made a motion to have Mr. Fechtor go ahead and start Phase 1. This will be an assessment of all areas of financial activity. It should be completed for presentation to the City Council within a week. Passed 5-0. Phase 2 - if needed - would be a list of items that may be worked on in greater depth.

*Fire Services:- A spokesman from the Fire Fighters Union made a presentation of what they - 188 members - can provide the City. He also stated that a few years ago he had proposed the City enter into a 10 year contract that would include building a new Fire Station without any additional cost to the City. Mayor Garcia reported he had met with County Manager, Orange City and Deltona personnel regarding the costs of partnering and on the cost of a new building to house both Fire and Police. Vice Mayor Erickson said he doesn't understand the letter from the County since he has no recollection of a discussion on Fire Services. Just Police. Councilman Lenzen also indicated he doesn't recall any discussions about a 10 year contract and a new fire station. He also stated that the Council can't proceed without a clear answer as to whether we stay or leave.

There was also discussion as to Impact fees collected over the years, distribution of fire equipment if changes are made, condition of the existing station and whether or not the letters received from the County had the "blessing" of the County Council. It was decided to give the Asst. City Manager the authority to meet with the appropriate County people to determine exactly where the City stands at this time. And Councilman Conoley added "and get it in writing for the City Council".

* Resolution 09-07:-Emergency Declaration in DeBary.
The Declaration was read by Mr.Ardaman. By declaring an emergency the City of DeBary will be protect against the cost of damages incurred by storms.
Passed 5-0.

* Councilman Conoley suggested to the Council that the Asst. City Manager meet with the residents involved regarding placement of a stormwater pipe in the Woodbound Lake and Lake Charles area. Ex-Mayor Coleman also agreed, having firsthand knowledge of the area. Approval given.

* West Side Emergency Flood Management System:- The ever present, ever prepared Mr. Hamstra, outlined the six phases that entail 3 stormwater pump stations and connecting force mains to the borrow pit serving as the City's Regional Stormwater Storage Facility. A discussion was held regarding the use of PVC vs DIT (iron) pipe. It was determined to use the DIP in certain areas because of its greater strength and potential longevity. The PVC would be used where power lines are present - Phase 1 & 2 - and the balance DIT. Mr. Hamstra re-figured the costs and though Hazen was slightly lower than Briar for the all PVC project, their combination of products placed Briar slightly lower then Hazen. As required, the lowest cost was selected.
FEMA will match 75% of the cost. "This project will be the masterpiece of the system", said Councilman Lenzen "and we need to put the best product into it". Vice Mayor made a motion to accept, Passed 5-0.

* VGMC Report:- Mr. Danny Allen, our Representative at the VGMC, discussed the passing of Bill #360 by the Governor and the major changes it will make in the ability of cities to have a say in growth management and the ability to settle disputes. The role of the DCA - Department of Community Affairs - will also be affected. #360 is an 82 page document and our City Attorney may get a 36 page Summary in case anyone would like to browse and cry.

* Highbanks Marina:- Councilman Marks asked why this was not put back on the Agenda since it was not discussed at the last Council meeting due to time constraints. It was agreed to put it on the next meeting agenda.

Let's stay dry !!!

Thanks,

John Likakis
DeBary POP

City Council Meeting - 5/20/09

Summary of Highlights and Lowlights

Editor's Note: The delay in getting this to the web site is due to my preparing and manning a Memorial "Days" table at Winn/Dixie on Saturday, Sunday and Monday. Donations were collected for needy veteran's families with VFW Buddy Poppys and Korean War poppys as reminders of the sacrifices made and as a reminder that the "Forgotten War", Korea, had over 34,000 who didn't return. The people that stopped by couldn't have been nicer to me throughout the three days. I thank you all very much.

-------------------------------------------------------------------------

OK! Here we go.

* Mr. Hamstra (PEC) asked the Council to delete items 3 & 4 under New Business. These were:

3.
Draft Agreement with Volusia County Regional Stormwater Storage Facility.

4. Pass-through proposal from PEC to provide permitting assistance to Volusia County with the Borrow Pit.

Mr. Hamstra decided these two items needed further study. There were changes made in the last 48 hours. Councilman Marks said it was not a good contract and probably shouldn't have gotten this far. Councilman Conoley agreed and was unhappy with "rush to go" aspect. Vice Mayor Erickson made a motion to remove both from the agenda. Agreed 5-0.

* Vice Mayor Erickson requested that the "Request for a Forensic Audit" move up for discussion under New Business. Approved.

* Range Riders presentation:- Mr. Richard Kelton explained what the Range Riders do. They provide 2 functions. 1. Provide assistance, guidance and counseling to smaller cities. 2. Assist in the screening process. They are not head hunters. They screen applications and narrow them down to 8-10 candidates. They help make the choice and do not receive any pay. They are retired City Managers.

Vice Mayor Erickson asked about the criteria. Mr. Kelton said it is your criteria- the Councils. Councilman Conoley said he will read every application and wants to hear everyones opinions. Mr. Kelton said he is here to help. Not to get in the way. Assist in the process. Councilman Lentzen said he will appreciate Mr. Kelton's help in matching lists. Mayor Garcia said he looks forward to working with him.

Editors Note: This will be one of the most important decisions this Council will make. It is the opportunity to solidify the changes already made and changes yet to come to strengthen the City's position in many aspects. And in the process make DeBary an even better place to live and work.

* Stormwater update by Mr. Hamstra. )PEC):- As always, Mr.Hamstra's charts were easy to follw and up-to-date on the status of various projects. Mr. Gonzolez,Asst. City Manager, provided sheets showing the placement of pumps and with Mr, Seelbinder (Financial Adminstrator) discussed the costs for various pumps on a daily and monthly rental basis. Vice Mayor Erickson made amotion to approve $72,000. for cost of the pumps needed.Passed 5-0.

*Resolution 09-06:- Loan Agreement for Stormwater Funding.
Mr. Craig Dunlop of Wachovia Bank was contacted by Mr Seelbinder regarding the $5 million balance and the status of the 15 requests sent out. Only 2 were returned. Mayor Garcia asked about interest rates and years to pay. The best one was 4.05% for 7.5 years. Mr. Tom Morely of Wachovia said this was the best offer available.

There was spirited discussion by the Council regarding other options, true costs, availability from other sources, sending out for more bids and whether or not Bonds were better. The consensus was that this offer was the best one available at this time. It would be too time consuming to go after more bids and Mayor Garcia said we cannot wait. We need the money now. In the opinion of Mr. Seelbinder, Mr. Dunlop and Mr. Morely, this was the best offer. Vice Mayor Erickson made a motion to approve, Councilman Lentzen seconded. Motion passed 4-1. Councilmaan Conoley dissented.

Forensic Audit:- This is an audit that goes into greater depth in reviewing financiaal matters. It would establish a basis for the new City Manager to see how the City operated in the past and be prepared for a forensic audit during his first year or as decided by the Council. Vice Mayor Erickson will acquire the information to get this underway as soon as possible.

* Short notes:-
1. The government has extended to 360 days the time allowed to get existing projects underway. This due to the economic problems nationwwide. Councilman Marks asked if all fees have been paid on existing projects.The answer was "Yes". Motion made and passed 5-0.

2. City Hall Impact fees:- Council agreed to have Mr.Seelbinder act as agent for the City regarding the Impact Fee to be paid. Some amounts have already been proposed. Passed 5-0.

3. Bill Keller Park:- Handicap Accesible improvements funding application was passed 5-0.

4. Contract for Inmate use in landscape, mowing, etc. was renewed at almost half the price of last year's contract. Passed 5-0.

5.VGMC rules. Rather than go into all the ramifications of the changes being proposed, we will
have some Councilmen attending the meeting and report back to the Council after the meeting which is scheduled for 5/27/09.

6.The update on the Highbanks Marina was not discussed due to time constraints. It may be on the next agenda.

* Overall a good meeting with much worthy discussion. Commentary from the Public is increasing in favor of how things are being done as compared to the past.

Thanks,

John Likakis
Debary POP

City Council Meeting - 05/06/09

Summary of highlights and lowlights

* Presentation:- Volusia County Animal Control:

Mr. Pacheco, Field Operations Supervisor, outlined the work of the Pet/vet Cruiser and the spay/neuter program. This program helps dog and cat owners who may not be able to afford Veterinarian costs and at the same time try to educate the public on the care of their pets.

The City needs to pass an Ordinance in order to qualify for citizens to make use of the "Bus" which travels to each member City. Spay and neutering are done by veterinarians on the bus. Mr. Pacheco also suggested the implanting of a chip that will help return wandering or lost pets to their owners. This procedure has to be done by local Veterinarians.

The bus operated 240 days a year. No weekends. Passed 5-0

* Ordinance 03-09: SJRWMD - second reading:
{ By now we all know what that collection of letters stands for.}The Ordinance is for the implementation of the water conservation rule for landscape irrigation. The various rules and regulations were discussed in an effort to come up with one set of rules. Enforcement and penalties would be part of
code enforcement. When WAV {water Authority of Volusia} has an enforcement program in place, the Ordinance can be amended to grant them enforcement authority. Passed 5-0

* Ordinance 05-09: Minor Amendment Process to PUD - second reading:
Amending Land Development Code to clarify the process and notice requirements, i.e. newspaper advertising, public hearings announcements 10 days prior, etc. Passed 5-0

* DeBary Golf and Country Club Sales Office:
Presentation by Mr. Ardaman, City Attorney, of the 4 options the City and the owner of the property have regarding use of that building. Mrs. Emerson reviewed the history of the building, including the fact that a previous Council denied other uses of the building in November 2007. Current renovations to the building were also being done without notification to the Council even though a Permit had been issued. Extensive discussion regarding the status of the sales office according to the covenants, accessory uses of the building, the 80% built out requirement, non-commercial uses, etc. The owner's lawyer also presented his case to the Council.

Final decision: Councilman Conoley made a motion to revoke the building permit, check the violations at the building and also at the "other office" in the Westbridge area of the Country Club. Passed 5-0

Ed. Note: I spoke with Mr Stroupe of the Building Department and asked if an inspection had been made regarding the integrity of the structure after the flooding and also that the area is considered a flood plain zone. He said inspections had been done and the building is sound. An e-mail to that effect had been sent to the Council.

Whether anything can or should be built in that area is questionable. The use of so-called mitigation to allow building by offering something somewhere else doesn’t make any sense. The Council should be wary of anything proposed for this area.

*Separation Agreement for Ms.Courson:
Terms including the amounts for unused vacation, etc. were presented to Ms. Courson and a final agreement was reached by both parties. Passed 5-0

* Interlocal Agreement,City and County, for joint use of the Borrow Pit:
Mr. Hamstra presented slides showing how the joint use would work to the benefit of both parties. The County will pay $3million to DeBary for putting a predetermined amount of their re-claimed water into the Borrow Pit. Mr. Hamstra showed that the amount would not jeopardize the amount of stormwater DeBary would be putting into the Borrow Pit during a "weather event". He said this would be a good partnership with the County. Motion made to finalize the agreement. Passed 5-0.

*Change Order- Stormwater Capital Improvement Project:
Magnolia/Aster/Dahlia areas and the Glen Abbey/DeBary Villas/Saxon Woods Pond areas. The NSCS - National Resources Conservation Service - agreed to provide funding to the City of DeBary to repair and improve damaged stormwater elements in each community. The NRCS required completion of the projects by June 18, 2009! Because of the limited time available, bids were requested from the 3 contractors already working on City projects. The lowest bid was discussed and accepted by the Council so no time will be lost, Passed 5-0

*DeBary Real Estate Holdings (race track):
A Stipulated Settlement Agreement between DREH and the City of DeBary was presented to the Council by Mr. Ardaman, City Attorney. The City would pay $15,000. which would dismiss the lawsuits, release all claims, etc.
The Council reviewed the details and a motion was made to accept the agreement. Passed 5-0

Addendum: The Council was told that the County has decided not to renew the Fire Service contract for DeBary. No particular reason was given. The Council will be looking at other options including working with Orange City and Deland. It would be interesting to find out just why they decided to renew.

Ed.Commentary: The meeting went into the wee hours - 1 AM+ - because of the extensive discussion on 2 key Agenda items. Another area was the discussion of the procedure[s] that might be used in weaning the many applications for the City Manager's position. Councilman Conoley outlined some of his ideas on the possible process to handle the anticipated 50+ resumes that will arrive. This will be the most important decision this Council will ever make so all 5 views need to be explored, discussed and blended into what each Councilman is looking for - not for his personal agendas - but for the good of the City and its citizens.

There is a saying - (I may not get it exactly right but the idea is there]

Those who ignore the mistakes of the past
will be doomed to repeat them in the future.

Thanks,

John Likakis
DeBary POP

Vice Mayor Erickson asked for IX Agenda item – DGCC Sales Office – to be moved up to follow the three presentations. Council agreed.

Susan Preil presented slides of various designs. One that fell within the Budget was selected and Council approved it with the addition of a back panel for wind and rain comfort and safety.

Dr. Moll, Deputy Superintendent and Diane Smith, School Board Chairman, discussed a variety of topics such as Budget Shortfall, loss of students as people move, reduction of Administrative Staff and they answered questions from the Council. Councilmen Erickson and Councilman Conoley who are familiar with the educational system asked most of the questions.

Mr. Bradshaw presented a check for $450.00 to help assist in the creation of the Strategic Planning Committee. He also reminded everyone of the need to provide food to an ever increasing number of families who need help.

Mrs. Val Emerson prepared a timeline of zoning requests by the owner of the Sales Office building. It will show that as far back as 2007 and through 2009 City Councils have denied these requests. This includes two trailers that were in disrepair and were offered to the City so that they would not have to move the.

Editor’s Note: I tried but could not condense Mrs. Emerson’s presentation and still do it justice. It appears in its entirety at the end of the Summary.

When the City Manager was asked about the comments, she said the 2007 decision needs additional interpretation. She then turned it over to Councilman Lenzen, who, she said, was at the meeting. Mr. Lenzen explained what had occurred and the Council’s decision to deny and said he still feels the same.

Numerous home owners spoke against the Sales Office being turned into a commercial use building. They were adamant and said the owner had to follow what the rules are and what the people were told – “When the DGCC is 80% built out, which it is, return it to its original designation or make it part of the retention pond and help alleviate flooding in the area. They feel the owner has thumbed his nose at the City and his neighbors in disregarding the rules he should be following. Numerous people said “It was time for a change.”

The City Attorney said he would review all the necessary documents and report back to the City Council. The Rules must be followed.

When discussion was opened for the Council, Vice Mayor Erickson said he had a lot to say about this. “We follow the rules because it gives consistency and fairness to everyone. She’s been here for 12 years and should know what to do and not pass it on to someone else to answer as she did with Councilman Lenzen.” Vice Mayor Erickson recited situations where the Codes were not followed. (Ed. Note: more on this later)

Vice Mayor Erickson said that this incident was only one of many deviations form the Comp Plan and LDC going back to 2007 and probably earlier than that. He reminded the Council of some of the infractions that were presented in the Spring of 2008. Here are two:

--EAR Report chock full of errors yet was ready to be sent to Tallahassee for review;

Councilman Marks asked two questions: “What’s going on here?” “Who issued the permits?” He never did get a satisfactory answer even when a citizen came to the podium and asked why they can’t give an answer. The Mayor attempted an explanation but after repeated requests from the gentleman at the podium he was told it was the Building Department that signed off on it. Did they authorize putting in the three electric meters and partitioning the inside without notifying anyone else? The city gave them the “go ahead”.

Vice Mayor Erickson made a motion to remove the entire paragraph on the top of Page 5; it would have required residents to install rain meters wired to irrigation systems for automatic cut-off. Councilman Lenzen agreed saying “We don’t need to burden our citizens any more.” Passed 5-0

This Program is to complete the construction document for Highbanks and 17/92 Mast Arm traffic lights and a right turn lane at the intersection. The City Attorney will look at the contracts. Though expensive, Councilman Lenzen said this is a good time to do it when costs may be reduced and current traffic troubles already plague the area. Passed 5-0.

This sort of action is not easy and it’s not taken lightly. This is not a one night stand. It is the culmination of at least five years of the City being run by a few individuals and the City Manager. The previous Councils abdicated their responsibility to keep track of everything going on in the City and to make sure they would follow the rules and laws required to operate safely and properly. Unfortunately, the transgressions were not always seen and, to the naked eye, everything was running perfectly. But, as happened on Wednesday, nobody saw the dangers that would fall upon us by Councils not doing their homework. By not following up to see that what they voted for or against was actually happening. The control of the City was in one person’s hands who gave direction to the Council in most cases. It made the Council’s job a lot easier.

My correspondence with the City goes back to 2000. It covers a whole bunch of subjects that were important enough to affect the quality of life in the City, so I asked. A response was rare. This didn’t change from 2000 to last year.

That’s the direction the new Councilmen said they would take and have – to the dismay of the “Old Guard”.

--Highlands Marina: Has been accumulating fines for many violations for years. Now over $200,000 and no payment in sight;

--Telling the Council they had agreed to a policy change they had not ever discussed;

--Removal of Jay Erndl was made on City Manger’s recommendation based on emails based on conversations that were unsubstantiated;

--Family Dollar Store: Presented their plans for a 9000 sq. foot store and were ready to go. Area is only allowed for 5,000 sq. feet and the City Manager had been told that in an email by the City’s former planner; City Manager Courson brought it to the Council anyway for a vote;

--Skateboard Park: Didn’t reveal size, cost or location until everything was under way for 1 million + park to be placed where the Memorial Park is on Dirksen. Public knew very little about this. Council – under pressure – agreed to have it built in Rob Sullivan for $600,000. An overnight agreement between Councilman Tillis and the City Manager put it back to $1.2 million and a much larger size;

--In November of 2008, she confirmed she was moving to Georgia as soon as her house was sold. No specific date established.

And so it goes. There’s more, but just take the last two items. How much did she really want to stay in DeBary?

And she’s getting a good severance package. No animosity from the Council. And according to our Charter, “There is no need to give a reason to terminate a City Manager.” I’m giving the reasons because too many people think nothing untoward has happened in the last 8 years. As last year’s 2 new Councilmen discovered on their door to door travels, an even larger group has been asking for this for many years.

I would ask the council to accept this written time line as a supplement to my

In 2007 we stood in a position very similar to this, before the City Council, defending our community against commercial re-zoning asked for by Ray Hagood. After enough opposition from the residents, his attorney pulled his request for commercial zoning and instead asked for zoning to allow a full service real estate office. This request was denied by Council. The vote was 5-0. However, Mr. Hagood has, prior to that meeting and everyday thereafter, continued to operate his Florida Homes and Properties full service real estate office in complete defiance of the 2007 Council decision.

This defiance was also brought up again last year when we had to fight Mr. Hagood after he tried to give our HOA two old Southland Homes sales trailers (in disrepair) for use as a community center, in lieu of having to incur the expense of moving them. This time it appeared to be a back door deal between Hagood, our HOA and our own paid city staff. It was such a done deal that an agreement for city office space was already negotiated. Yet somehow Council heard nothing about it until concerned residents made them aware, and they in turn voted this down 5-0. Incidentally, these trailers had numerous safety hazards and at least one code violation. To my knowledge, not one code enforcement violation was ever cited on either of these trailers until after the Council voted it down 5-0. When enough residents complained, Mr. Hagood was finally cited and the trailers were removed at his expense.

And now it seems yet another back door effort is in the works, this time more brazen than any. It seems Mr. Hagood is taking advantage of the recent flooding at 100 Plantation Blvd. and he, along with the help of our paid city staff, is gearing his building up for commercial rental. Ms. Courson complains that past Council left the 2007 decision a mess. The vote was 5-0, however, and he was clearly denied the ability to function as a full service real estate office. Now she feels the need to interpret this decision, and our Code Enforcement Office will issue no violations, and our Building Permit Department is happy to issue his permits. Why?

January 2009. After noticing renovation beginning I went to see David Hooker about the business being operated with no consequences by our paid staff. Mr. Hooker told me the building was flooded and he wasn’t even operating his business. I asked him if he even thought to call the number on the sign or check the front door where there is a sign stating that they are operating from the second model home in the Westridge section of the subdivision. Mr. Hooker seemed to be shocked. I provided him with the company’s website, the full name and the phone number. Mr. Hooker said he’d check it out and call me. I decided to call Florida Homes and Properties myself and ask a few questions. They answered “Corporate Office” (which is how they answer the phone) and verified with me that this was indeed a full service office that will sell your home or help you buy a new one no matter where it was…Deltona, Orange City , DeBary, etc. After waiting a month and getting no message from Mr. Hooker, I decided to have a meeting with Mayor Garcia. I brought this issue to his attention, along with our 2007 Debary Golf and Country Club Directory that featured a full page Florida Homes and Properties ad to illustrate just how long this zoning violation has been going on. The Mayor seemed quite bothered. He took me to Mr. Hooker’s office where he asked him about this. Mr. Hooker indicated I had been in to see him about this matter before. The Mayor instructed Mr. Hooker to send a violation letter to their Westridge model, since that’s where they were operating, also without correct zoning. Another letter was to be sent to the flooded building when they moved back in. Mr. Hooker was supposed to call me and update me, but no update followed. About three weeks after this meeting, one of our neighbors sent me a picture (which was also sent to all of our City Council) of three separate electric meters, newly installed at 100 DeBary Plantation Blvd. These were not on the building prior to the flood. I decided to pay the site a visit myself and went inside to find, even more disturbing, that this building was being sectioned into separate offices, where one would have to assume businesses would rent the space and pay their own electric bills, which explains the need for separate meters. After getting Mr. Hagood to the site I then decided to call Commissioner Marks as he had checked into this before for several residents. He called City Hall and they sent up Mr. Hooker, who met with me and three other residents. I asked if a letter was sent to the Westridge location and he said “no”. He informed us these procedures take months, and that he went by the book and the statutes, and that he would not risk his license for anyone, and that the Mayor could not ask him to send a letter like that. He also said it was legal to request multiple electric services anywhere. I asked him how long it would take him to issue me a zoning code violation if I put three meters in my home, proceeded to rent out my three spare bedrooms and have commercial property, too. He said nothing. I figure I’d get a code violation in weeks, not years. I called Council Marks back and indicated we were very concerned that Hagood, with help from our own paid city staff (since the permits came from the city of Debary ), was attempting to create commercial space and rent it out without even asking for a zoning change. Commissioner Marks sensed the urgency of this plan and put it on the April 15 th meeting.

Two weeks ago I went yet again to visit Dave Hooker in the hopes a letter had finally been sent. I was brought into his office and was told no letter would be sent. I asked him directly if he felt there were code violations. He admitted there are. I reminded him this sounds just like those old Southland trailers, because not one violation was ever issued until the plan hatched in a city hall office was shot down 5-0 by council. I asked why he never went to Council with this. He told me he was not allowed to bring any issue to Council, and that the only person who could do this was our City Manager. I then asked why our Council was not made aware of Mr. Hagood’s permit requests, or his current violations involving his improper operation of his real estate business, or of his new plans for this building. Again, he told me those things would not come from him.

So here we are today, once again because of what appears to be another back door deal.

Why did it take angry residents and Councilman Marks to bring this before our City Council, and not paid staff themselves? Mr. Hagood has no intention of asking for anything but permits. As we’ve seen demonstrated over the past two years, time and time again, our paid staff seems very happy to accommodate his wishes, even when past Council had voted differently! He is just doing as he pleases, business as usual for him, I guess. It seems to me, if we as taxpayers are paying for professional city staff services, then they should have recognized this recently flooded building (which now seeks permits that would actually upgrade it from its condition prior to the flood) may have issues that our Elected Council should be made aware of. Incidentally, this building has a limited lifespan as explained by David Dunn from GAI at the November 7, 2007 meeting. At the point where we are 80% built out (which we are), the building is to be razed and the land is supposed to be converted to its current zoning: medium density multi-family, much like Lakeside Villas or Cinnamon Bay . According to Dunn’s explanation to Council, it’s time to REMOVE THIS BUILDING. Hagood has deeded many of his remaining parcels back to Riverside Bank, so he doesn’t even own many more buildable parcels in the subdivision. There is no need for a sales office anymore, neither at the front entrance or in Westridge.

Our City Manager, according to what I have been told on numerous occasions by several people, now states she has had to interpret this 2007 Council vote because the “Council has left it a mess”. Why then, didn’t Ms. Courson herself ask Council for clear and defined clarification of this 2007 vote so she can follow the Council’s decision and do her job according to the BOOK, and not the wishes a builder? Now it just looks to this taxpayer and this voter like it’s business as usual for our city since Ms. Courson has assumed her role as City Manager. The pattern seems to be: Do first, and ask permission later. Or when called on our “mistakes”, cry and make excuses. A recent comment Ms. Courson made at the now disbanded EDAC Meetings was “she was tired of getting her head handed to her by Council”. It is exactly this kind of attitude that leads me to believe she just didn’t want to make Council aware of Hagood’s request for this building, or any potential problems associated with issuing permits on a building which was past its allowable time on the property. So once again an angry community took action with the only people looking out for the private taxpaying citizen…and that would be you, our Elected Council! I would think in today’s economic climate our Paid Staff would work harder to follow THE BOOK as they call it and avoid situations that could have legal implications and consume a great deal of time by staff dealing with residents who are searching for information from these records to defend our community.

City Council Meeting - 4/2/09

Summary of highlights and lowlights

Ordinance 01-09 - Rivera Bella Streetlighting District.
Second reading incorporated minor changes and passed unanimously -4-0.
(Councilman Marks was on vacation)

Ordinance 02-09 - Illicit Discharge Detection and Elimination.
Councilman Erickson asked what the terminology; Better Management Practices entailed. Mr. Hamstra explained that this is part of the Stormwater Management Program and it is not optional. It is part of a National Practice. It will require the training of one or two people to monitor and enforce the Code of Ordinances. Councilman Erickson asked if this is a separate "book" and was told "Yes". He requested a copy. Assistant City Manager Gonzales stated that the training will cost $8000 over the next five years. Passed 4-0

Editor's Note:- The Ordinance is 10 pages long and has 11 subheads that cover various details. In brief - "The City is
authorized to establish and administer programs for stormwater maanagement including the control of pollution discharged by the City's stormwater sewer system."

Ordinance 03-09 - Implementation of Water Conservation Rules for Landscape Irrigation.
This is an adaptation - "boiler plate" - of other Cities Ordinances adapted to fit DeBary. The 6 pages of explanations and requirements are basically what the City is already doing. Councilman Erickson suggested it could be condensed and re-written to eliminate interpretation of some rules which could create problems. The Council voted to table this Ordinance until the next meeting when Councilman Marks will be present. He is on the WAV committee.

Editor's Note:- I agreed with tabling this Ordinance and as an example of what needs to be rewritten I read the paragraph at the top of Page 5 to the Council. "Any person who irrigates landscape with an automatic lawn sprinkler system installed after May 1, 1991, shall install, maintain and operate a rain sensor device or switch that override the irrigation system when adequate rainfall occurred." This would require many of our citizens who lived here before 1991, before we became a City, and who recently may have installed irrigation to make their lives easier, to not only purchase a rain sensor but also have it wired to a control box. Neither is cheap.
Would a permit also be required for this work?

Ordinance 04-09:- Fertilizer Management.
This is to regulate the amount of nitrogen and phosphorous applied to lawns and turf. It will help protect the water resources while helping residents maintain a healthy lawn. Councilman Erickson asked how does this fit with our LDC. Here, again, this is an adaptation - "boiler plate" - of other cities ordinances. Mr. Hamstra and the City Manager explained the need and also that this Ordinance would help clear up some questions now before the SJWMD.We don't want to jeopardize any part of our Westside Stormwater Project. Passed 4-0

Fines and code enforcement:- As before, the Council and Mr.Hooker of Code Enforcement used compassion where needed and strength where needed.

Debary Real Estate Holdings. (Race track)
The question of who will pay the $27,000.dollars is still in litigation. It was decided to "sit tight" until the next hearing date.

Council Direction Regarding the VGMC.
The City Attorney wanted direction from the Council on how to proceed - how involved - with the many changes undergoing with the VGMC. Mr Allen, the City's representative on the VGMC, reported on the changes within the VGMC and how it has become more of an attempt to increase their power and influence against the cities. There was extensive discussion by the Council, the City Manager and the City Attorney on how the VGMC disregards its own rules, its Charter, Comp Plans and the people of Volusia County. They have a huge budget. It's time to bring the power back to the Cities, said Mr.Allen. It was decided to wait until next week to see what their next report reveals.

Editor's Note:- I had the dubious distinction of having been present when the VGMC went "wacko" trying to come up with a decision for the River Bend Project. They paid no attention to their Charter, talked endlessly without coming to any conclusion that made sense and then decided to vote. They voted. Then changed their minds. They talked some more and voted again. Half the audience had left the meeting when they decided to vote again - at the wee hours of the morning - so half the people never knew what they voted for. It's sad that they've turned the VGMC into their personal playground to the detriment of the County and its citizens. Maybe as more and more cities vent their displeasure, a change for the better will take place.

It was a long meeting, but it was filled with excellent discussion by everyone on each Agenda item.

Thanks,

John Likakis
DeBary POP

Public Participation: Questions were raised regarding FEMA’s reduction of the amount of money originally granted to the 7 (9) home that were demolished. They wanted the Council to know it had been reduced by half and that it could take many months, even a year, before any of the money is made available.

Questions regarding the status of the “Racetrack”. The answer was that we are still in litigation and the preceding Executive Session was about the track. No further information can be given.

Request made to charge two Councilmen with breaking the Sunshine Law by continuing to write editorials for POP and continuing to talk – collaborate – with one another on Agenda items. This accusation extended to the Editor of these summaries. After he was elected, Councilman Erickson requested clarification by the Attorney General (AG) of his (Erickson’s) position. The City Attorney read the response from the State Attorney General. The AG stated that there were no Sunshine Law violations for the questions asked by Councilman Erickson – which would include Councilman Marks – and he outlined the various cautions that must be followed to avoid any violations. The City Attorney repeated this clearance twice during the discussion. Councilman Marks also reminded the questioner that he had not written any editorials since he took office.

Editorial Comment: - I happened to be next speaker. I wanted to suggest to the Council they mark a handicap parking slot facing the front entry of City Hall and not on the opposite side facing the old parking lot. An extra 30 or 50 feet can be meaningful to a handicapped person. So…I had the opportunity to respond to the “Sunshine Law violation” as follows:

“I decided to write the “Summary of Council Meetings” as a service to the citizens of DeBary who could not attend the meetings. For whatever reason. I didn’t decide to do this because I had nothing else to do. I do not speak for the Council. I do not sit and discuss Agenda Items with ANY of the councilmen. The Summary – with all its misspellings and grammatical blunders – is delivered via computer to be placed in the POP website as is. Should I cease speaking with two very good friends, or be seen together with them, just because they are Councilmen? Should I or they cease speaking to Jack Lenzen and Van Conoley, who I’ve known and respect for years, about City happenings, good things, bad things, who makes a better pizza, etc? They all read the same packet of information. If they vote 5-0, does that mean they collaborated on them to vote? As Jack said, “can’t we talk about subjects that are good for the City without a vote?”

I go out of my way to keep my opinions separate from what is discussed by the Council on Agenda items. And they are marked that way.

The Council evidently got nervous about the repeated urging by the speaker to “do something about them…”. I believe it had gotten to be personal by then, and it was suggested they meet with the City Attorney to review the Sunshine Laws with the Council. I see no need for that since everyone of them was given a copy of the Sunshine Laws – as I was given when serving on the Charter Review Committee with Councilman Erickson. It would be a waste of time and money. ‘Nuff said!

Councilman Conoley started to ask a question and the Mayor gaveled him as being out of order. When he (Conoley) started to ask again, he (Mayor) gaveled him again and wanted him “out of the meeting”. The Mayor said, “once more and you’re out”. Calm prevailed and the meeting continued. More on this later.

Interlocal School Concurrency Agreement: - Councilman Conoley is not satisfied with the Concurrency Agreement. He said we have the most expensive school system in the world yet scores keep falling. What, if anything, are we doing to correct this? Concurrency says, you can have a City grow and grow without schools even though the Statutes say they should provide schools. The School Board never came to DeBary to discuss DeBary’s needs. Councilman Conoley made a motion to have the City Attorney draft a letter to the Department of Community Affairs (DCA) that we are unhappy with this concurrency agreement and want our name removed from the Agreement. In the discussion that followed, the City Attorney suggested that instead of “terminating” the City from the agreement, we might consider saying dislike concurrency agreement and to negotiate w/o prejudice to discuss with the DCA and school system representatives. Councilman Lenzen said he was against it in the past. Cities were busy annexing land without considering level of service. We’re not in a bargaining position. What will be the benefit for DeBary? We are built out. They won’t negotiate with DeBary. This is not the mechanism to achieve what you want. Councilman Marks stated there is little accountability yet they approved agreements. Their books are not open for review. Councilman Erickson said that while concurrency is to protect class size in schools, it is susceptible to “mitigation” which equals money which equals the School Board approving developments. Mr. Conoley said he is here to fight for better education. Motion made not to send the letter was defeated 3-2. Erickson, Lenzen, Garcia = No to sending the letter. Marks, Conoley: Yes to sending the letter.

Robert’s Rules of Order: - Mayor Garcia opened the topic by asking Councilman Conoley: “are you still going to address this subject?” Conoley replied, “Yes”. The Mayor repeated his question. Same answer: “Yes”. “Are you sure?” “Yes.” What would have happened if Mr. Conoley had said “No, I do not want to discuss this?” Councilman Conoley then started the discussion asking how are these rules implemented? How to manage a meeting. He liked some didn’t like others. He felt that the Mayor should be able to make a motion. Councilman Erickson said that is already in Robert’s Rules. The discussion turned to the time a speaker should have. Speaker could state the time he would like and get approval of the Council and put the clock where it can be seen so there is no problem. The City Attorney said there is a provision, 08-01 that no member can speak longer than 10 minutes if there is a pending debate; if there is not a pending debate, there is no time limit. The Mayor then proceeded to read a letter regarding two violations by Councilman Conoley regarding a visit to the Mayor’s home. (Copy available from the City Clerk). The City Attorney said there are different ways to proceed. Any member can submit complaints to the Ethics Committee. That’s the member’s decision, not the Council’s wishes. Mayor Garcia said he has the right to limit time. He said a speaker must get permission from the Chair first to speak in order to maintain decorum. The City Attorney and Councilman Erickson cited Page 627 of Robert’s Rules regarding Council agreement on what is deicded and Line 10 must also go to the Council for agreement. Councilman Conoley submitted a Police Report he filed after the confrontation by Mr. Garcia in City Hall. That is also available from the City Clerk. The Mayor said he will “pursue this to the maximum”. He also said he will not take back the letter.

Committee Reports: - 10 names were listed for the Strategic Planning Steering Committee. Councilman Marks asked if he can submit names. And can each Councilman submit one or two names? The Mayor said yes. Applications should be filled out by volunteers. Councilman Marks also reported that WAV costs will go up substantially but it was agreed – for now – to stay with WAV. 3-2 vote For.

It was another long meeting, but it was an interesting meeting. Not always good. But interesting. I have some additional Editorial Comments below which I think need saying.

Editorial Comments: - First and Foremost – I am not taking sides. I watched two grown men behaving in a manner more akin to two children at play who will only accept their way to play or go home with their ball or glove. I was looking at two men who lost the purpose of their positions. I will repeat what I said last year in addressing the council: when you were sworn in, you in effect took an oath which dates back to the City/State of Ancient Greece:

We will revere the City’s laws and do our best to incite a like respect to those above us.

When you settled into those chairs, you accepted a responsibility to the City, to its Citizens, to yourself and to your fellow Councilmen to work with each other. What you did on Wednesday was a disgrace to the city, its citizens and to yourselves. You took what was a personal problem and made it a City problem. You have begun playing with your own agendas. You have begun placing more importance on your individual directions rather than the City’s. You probably don’t think so but sit in the audience and watch and listen.

You cannot demand respect of those around you and people in general. It must be earned and it won’t be earned by dictum.

(d) Shall perform such other duties, consistent with his office as may be delegated to him by the City Council.

I emphasize letter (d) because you have placed the Council in a subordinate position by acting unilaterally on various activities. It is not YOUR Council. It is the City’s and the citizen’s Council, each member having equal worth. Mr. Conoley, you remind us of your excellent background – and rightly so early on – but you cannot translate that into each citizen contact without creating an uncomfortable atmosphere to the person you’re addressing. You cannot – once an item is voted “no” continue to discuss it unless you are prepared to bring in new data that might indicate change might be warranted.

Ask yourselves if what you’re doing is for the good of the City. I’ve asked myself, and Councils for 12 years, if a proposal is good for the City and its Citizens, not whether I like it. Am I justified in writing this? If it will help make this a better Council and a better City, Yes. The Citizens of this City want to see it done. Do not let this become a personal agenda because no matter – there will be no winner.

City Council Meeting. 3/4/09

Summary of Highlights and Lowlights

Presentations: Lindsay Roberts of WAV. Twelve Cities are on the Water Authority of Volusia Board and they are concerned about how, when and where we will be getting our potable water. Right now we are drawing more than nature can replace.

Ms. Roberts discussed conservation methods, expensive alternative water sources and the fact that we are drawing more from the aquifer than nature is putting back in. She wanted to make the Council, and groups she speaks to, to be aware of what we are up against. Councilman Conoley questioned her on a variety of water uses and the gallons they use - such as agriculture, landscaping and the lowly flusher among others. She presented a wide variety of facts and recommended a book -"When The Rivers Run Dry"- for additional reading on this most important topic.

Editor's Note:- Councilman Conoley reported how he has been working with the SJWMD and his knowledge of water usage and the importance of spreading the word through schools and other gatherings. He probably could have cut his questioning of Ms. Roberts when it became obvious she knew what she was talking about and could have saved the Council about 20 minutes. This is not being derogatory and I can understand when someone has a lot of information at hand and they want to get it all out there. I should know as #1 violator of the clock. As it relates to public presentations, questions/discussions that may appear to be going past ten minutes, arrange for a separate meeting with the individual or individuals and then report the outcome at the next Council meeting; this has nothing to do with freedom of speech. In deference to your fellow Councilmen and the audience, anything past ten minutes should be switched to a separate meeting.

As you know, over the years I have written and spoken about our problems with potable water, even spoke of "potential water wars" and the danger of uncontrolled growth if we're not careful. And....
I am still looking for the man or woman who knows how to make water.

Ordinance 09-03 - Rules of Order:- Amending 08-01 was accepted and passed 5-0.

DeBary Town Center: Request for extension:- There was extensive discussion on the anticipated Commuter Rail Station, the fact that the Plat and other parts of the development have been approved, why it has taken 8 years to get to this stage and the responsibility for the $27,000.+ up front fee that wasn't collected from the "horse people". Mr. Costa was asked if he had the wherewithal to obtain the necessary funding to break ground this year if granted the extension. He stated that he is working with a high quality developer who has a great interest in the project and still wants to create a development DeBary would be proud of.

City Council Meeting - 2/18/09

Summary of Highlights & Lowlights

Presentation by Mike Abels, UCF: - Strategic Planning for DeBary.
A slide presentation outlining the various steps that need to be taken to create a "Unified Vision" for the future of DeBary. The one theme that came up throughout was the need for "heavy involvement of the Citizens of DeBary with the City Council as an active participant in all steps along the way." The City's Comprehensive Plan and Land Development Code can be part of the process of Strategic Planning to help create the type of
City the citizens want to have 5 - 10 years down the road.

There was active participation by members of the audience with offers to help in their areas of expertise in making this a reality. A future meeting with Mr. Abels is planned.

Consent Agenda: - Resolution 09-01. Public participation policy put in writing. Speaker’s time remains at 3 minutes for general commentary at the beginning of Council Meetings and a change to 5 minutes for commentary on agenda items.

Editors Note: This is a request that I have asked for over the years and thank the Council for making the Agenda speaking adjustment. The rational is that Agenda items have more discussion by the Council and anyone who wants to contribute to that discussion would probably need a little more than the 3 minutes. Not always, but it's nice to have that little cushion of time. This Council has been a little more flexible than previous Councils showing a concern for citizens commentary. So, don't be afraid to let them know what you and your neighbors are thinking about - either in your area or regarding the City as a whole.

Resolution 09-02. Legislation on school funding. It was agreed that even though schools need adequate funding this particular Resolution lacked an outline as to how the money would be allocated, accountability and other budgetary questions. It was not passed.

Growth Management and Development Review: - Empire Cattle zoning error was corrected in the Barwick/Ft. Florida area and an additional zoning change to Industrial General was discussed. It was agreed to move further discussion to the next Council Meeting in order to include more information on what is being planned to go into that area before making any more zoning changes.

Old Business:- A variety of stormwater construction items were discussed and the need to act ASAP in order to be able to take advantage of available money from various sources. Our City Attorney outlined the legal requirements required to protect the City, particularly when work is required through private property. HOA’s and affected citizens are being contacted as needed.

There was also discussion on how the buy-out program is being handled and a review of the contract agreement with the administrator of the program. Our City Attorney, Dan Langley, and our Council Members expressed concern about some of the contract language and the fact they did not have sufficient time to review it. At this time Councilman Erickson requested an extension of the meeting to go past 11PM in order to make all discussion valid. The additional information/documentation that should have been part of the Council's packet, in order for them to make an intelligent decision, was not there. It was agreed to have a special meeting on Wednesday, Feb. 25th, 6PM, to make the contract acceptable and to protect the City.

Editor's Commentary:- Often over the years, innocent appearing items appeared on agendas for approval only to discover that the City was now up to it's hips in zoning problems, permitting/platting problems, construction/building problems and law suites simply because no one bothered to ask a few questions before approval was given. Put it through. Be developer friendly. We need the tax dollars. Nobody will notice. And that's how we inherit "phantom pipes". When personal agendas take precedent over infrastructure needs. When fiscal responsibility takes a back seat. When the environment is ignored.

On Jan. 7th,'09 I spoke before the Council and said; "The past is prologue. You have the chance to restore trust and common sense in how we grow, how we protect the environment we live in and understand the restrictions that nature has given us within which to work. All the things that impact our quality of life." I've been saying this for many years and I thought this Council might just be the one to start making this a reality. I hope I - and the people of DeBary - are not disappointed yet again. And I hope the people of DeBary become more vocal on how this City is run - even when it is not where they live.

Thanks,

John Likakis
DeBary POP

City Council Meeting - 2/4/09

Summary of Highlights

Public Participation: - Frank Dragoun, Retired Hydrological Engineer. He said he isn't criticizing the current work being done by the City but he hadn't heard any alternatives for storm water control and wants to mention some of them. For instance, and without going into details, he said there are non-structural measures and permeable concrete. He also mentioned the use of Cost benefit ratios that could help in prioritizing projects, contacting the USDA along with the ACOE for help and Grant information. Mayor Garcia suggested they meet and discuss some of his ideas.

DAR- Gemini Springs Chapter: - Mayor Garcia read and presented a Proclamation for a Special Day - 3/12/09 - recognizing Lincoln's accomplishments.

River of Lakes Heritage Corridor:- Renee Tallavest presented a slide show of the Scenic Highway, a map of the Corridor as it runs down from the Pierson area, 7 benefits - such as Tourism, economic inputs ($), that DeBary will receive at no cost to the City. They asked for a Councilman to be a member and be their contact. Councilman Marks volunteered with Mayor Garcia as an alternate.

Safeguarding Our Seniors Program:- Randell Brown, State Department of Financial Services presented a program, Coalition Task Force, designed to help Seniors avoid fraud in the case of Insurance purchase and foreclosures. He spoke of the severity of the problem and how widespread it is. There is a website you can contact for more information.

Growth Management: - In a previous Summary, I had suggested the Council get together with Mr. Costa's and I guess mental telepathy - and an important date reared its head. Mr. Costa requested an extension of the Preliminary Plat Approval for the DeBary Town Center from 2/09/09 to 2/09/10. Mr. Costa presented a history of the project with the changes made up to the approval in 2001. The Plan includes 11 commercial parcels and 230 residential units. Not the 400 figure used in the "Horse Papers" and elsewhere. Since the Preliminary Plat was very detailed he feels he can go to construction quickly. Possibly in 6 months.
    There was extensive discussion on many aspects of the Plan including the role that Commuter Rail* might play in attracting builders, businessmen and commuters to the area. He also assured the Council that he is - "No longer in contract with the race track people." He said he wants to -"build a first class development for DeBary".
    "Extension" discussion went from a "NO" to 90 days, to 30 days. It was agreed to go to 30 days in order to give the Council time to review everything.
    The final discussion** was on the payment of a $27,261. that was not paid by the "Track People". It was supposed to be paid up front as part of the initial approval process. It now falls on the land owner to pay before he can proceed. This came as a surprise to Mr. Costa. And rightly so.
     Ed. Note: - See asterisk items at the end.

Stormwater update by Mr. Hamstra: - Some last minute information was received by PEC that was time sensitive and had to be discussed with the Council before proceeding. It was not an Agenda item. The Council acted on each item and either OK'd or asked for further information.

-------------------------------------------------------------------------

*Editorial Comment: - Like it or not, Commuter Rail will see the light of day in DeBary. Let me keep the record straight. I am not against Commuter Rail. I am for it - but not the way it is being done. And I have over 30 years of commuting by bus, car and train so I'm not new to it.
    There are too many politicians pushing for it and to much money already spent - multi-million $$$$ - for them to let go. "Follow the Money". The best anyone can do is to force them to tell the Public what the true costs will be - now and in the future - when the burden of maintenance and subsidies drops in everyone's lap. It's just 7 years away down the track. There isn't one Commuter Rail system in the US that is paying its own way. Fact; There isn't any real protection against lawsuit even if it’s CSX's fault. Fact. There isn't any Plan to create public transit from each station stop to get people closer to where they work. Fact; The original manufacturer of the engine and cars is out of business. Who knows what the next - if any - supplier will charge. Fact; All we want is the TRUTH. It wasn't to get cars off of I-4 after all. It was to see how much development can be created around each station. Maybe as more and more people start wondering what's
happening, the truth may surface.

**Editorial Comment: - There's something very wrong when deadbeats can get away with ignoring what they owe and get away with it. Why wasn't the $27,621 collected by the City - up front as it was supposed to? Why no legal action against the debtor? It costs too much to litigate? Is that going to be the answer each time as it was when a restaurant operator was way behind in thousands of dollars in fines and was allowed to just up and leave without paying a cent? The burden was then put on the owner who was asked to pay even though he had nothing to do with what was happening. If that's the way the law is written, it must be changed. It is my understanding that the City has a pass thru ordinance requiring builders to pay estimate costs prepared by the “planner” (GAI) and the planner was to collect this money up front. Not done. However, it is also my understanding that our “Consultant” can ask for less. In this case $2,000 deposit!! There’s 2000 reasons why this ordinance must be changed and soon. Make it an agenda item ASAP. If we are a nation of laws, let's make them in favor of the good guys.
    As for the DeBary Town Center and Mr. Costa, this is a time and place for the City Council to look into all the ramifications of his request. I listened to all the backing and filling of why we should or shouldn't grant an extension and for how long. If there were parts of the extension agreement that you wanted fixed and put in - density, buffering, length of time to start building, whatever, you could have worked it out. I didn't hear anything like that except to finally grant a 30 day extension almost reluctantly. When it came to requiring him paying for the debt the City didn't collect from the "Horse People", he was almost ignored in the hubbub. Yes, sitting in the audience sometimes gives one a different perspective.

    May I respectfully make a suggestion and a reminder of the Time and Place we are in? The size and location of the property. The sharks that can and will be circling this area. You can fine tune this project to everyone's satisfaction regardless of what may or may not have happened in the past. It can be done and should be done - as I mentioned in my Summary a few meetings ago. And as a gesture of cooperation and understanding, waive the debt and let's get going for the good of DeBary.

Sorry I got carried away. This one bugged me.

Thanks,

John Likakis
DeBary POP

******************************************************************

City Council Workshop - 1/28/09

A workshop was held to review various stormwater projects. David Hamstra, PEC, made a presentation showing the flooded areas using aerial photos to show exactly what happened. It showed the damage done in various areas of DeBary and a Priority list of projects going back to 2004 and a list from 2008. He also had prepared a list of the top 10 projects.

There was excellent Public Participation and kudos to the Council for giveng the speakers a little lattitude in presenting their suggestions and concerns and getting answers from Mr. Hamstra, the Council and City Manager. A well run meeting with much information provided. There was good give and take by all.

Many Projects were shown and discussed including costs and sources of funding. Some funding options were discussed andd included raising the mil rate, adding to the current $84. fee, special fees for specific areas that would benefit directly from a stormwater project and prioritizing the efforts. Councilman Conoley said one source of funding was not on the list. That was a review of the City budget to see where cuts can be made, projects re-scheduled, grants written and so forth. It was also suggested inviting the SJRWMD staff to City Council meeting - or a personal tour of the looded areas - so they can see first hand what occured and why we need their help when weather problems occur. If they cannot - or would rather not - do anything, ask if we can meet with their Board. That way we don't alienate them.

There is a Stormwater Emergency Plan being prepared so the City will be better able to cope with adverse weather happenings. Mayor Garcia said he has sent letters to each HOA President to attend a meeting in the near future to discuss problems in their areas, get suggestions, discuss the City's needs and anything else that can help unify the City.

The Council asked for some time to digest all the information discussed before making any decisions. A date of February 18th was set for the next Workshop.

Edit. comments:- Everybody is working very hard to help make DeBary a safer place during adverse weather conditions. A call or letter to any of our Government Reps could help with channeling a few extra bucks our way. And it certainly is a legitimate need. Not Pork Barrel.

Thanks,
John Likakis
POP

Opening comment by the editor: This was probably the third or fourth Council Meeting that I have missed since early 1999. I was able to get the audio portion on this "magic box" but not in time for the LDC discussion which began at 6 PM. or the opening portion of the Meeting. I was amazed that I was able to do that without wiping out satellite communications to Europe. Sorry about that.

City Council Meeting -1/21/09

Summary and Highlights

Public Participation: - Mr. Stump asked about the updating of the City telephone numbers. Mayor Garcia said- "Didn't I discuss this with you privately? It's taken care of.
Councilman Erickson asked about Council responses to questions asked by Citizens during Public Participation. The Mayor suggested the Council should wait until the Report sections after all Agenda items are done.

Edit. Comment: - Two reminders to the Mayor (respectfully submitted). The word "privately" has no place in Citizen/Council discussions. And - waiting to end of the meeting to respond to a Citizen's question was discussed at previous meetings and it was determined that it would be unfair to ask people- who may or may not be able to sit through a full meeting - to wait a few hours or more for a response to their question.

Councilman Conoley asked about the River Bend Developer's comments in one of the Minutes being approved and said he would like to hear them later. Mr. Ardaman said that he could still deal with the contents but they are not official until after the Council votes to approve them.

Presentations: - Mr. Bradshaw of the Four Towns Moose Lodge, presented the Officer of the Year Award to Sgt. Ford for his exceptional work in solving numerous crimes, including armed robberies and Cold Case crimes. Mr. Bradshaw said that he is one of the most respected members of the Volusia County Sheriffs Department.
Mr. Bradshaw also presented a donation for the Sheriffs Youth Ranch. They are a most worthy cause.

Streetscape Committee: - A request was made to approve Ordinance #01-09 - amending the name from Streetscape Advisory Committee to "Landscape Beautification and Forestry Board." It was denied.
Councilman Marks noted that there is a different interpretation between a "Board" and a "Committee" and that they can do all that's needed under the present name. Continue under the present name and present specific projects or requests - wherever they may be needed - to the City Council for review and approval before proceeding.

YMCA BPUD: - The West Volusia Family YMCA requested a Minor Amendment for the addition of commercial uses of the subject property. It was postponed and no future hearing date was set.

Stormwater Services, PEC: - Councilman Conoley asked about the availability of a Master Plan. Mr. Hamstra said there is a Summary available but it does not include the West Side project because it was not part of the original system. He said he will be presenting a specific breakdown of various projects and costs at the next meeting. Councilman Marks asked about new costs associated with the DeBary Bayou project. The City was not supposed to pay anything. The Army Corps of Engineers was evidently asked to do some additional work which the City should support. Councilman Erickson asked for spread sheets. They will be ready for the 1/28 Workshop which will begin at 6PM. The amount of $67,327.50 was reduced to $60,000, and approved.

EDAC discussion:- Editorial comment:-
Because of the importance of this issue, the Editor is suggesting you read the following presentation to the City Council regarding the reasons Councilman Marks is making a motion to dissolve this Committee. After that you will see some of the commentary that was generated.

I have some questions about EDAC and its procedures in reporting to the City Council. I was a little confused about some Commuter Rail information and went to the last minutes available – 9/24/08 –and wasn’t able to get any current information. So I listened to the tapes of the 10/22/08 and 12/11/08 EDAC meetings. It was disturbing. Here’s why. There was significant discussion about property overlaps, status of 30 acres, incorrect zoning, and mention of an employment office, discussion with the developer’s attorney – Mr. Watts –and the City Manager. Why did it take until the December Council meeting to make the Council aware of just some of these activities? Circumventing the City Council may have been the norm years ago. Not anymore! Inviting the developer’s attorney (who is also president of the Deland Chamber of Commerce), who suggested the City work with VCARD (Volusia County Association of Responsible Developers) planners, growth management people, representatives from Lassiter Transportation Group urging EDAC to make decisions about what it wanted around the station, NOW. And suggestions to invite FDOT, Votran, and Ms. Gurnee, liaison for Commuter Rail, to attend meetings. It seems many people were asked - except members of the City Council.

Here are some of the subjects discussed that took place during the EDAC meetings of 9/24/08, 10/22/08 and 12/11/08, of which some still have not been reported back to Council. Let me share some facts.

This pertains to Mr. Costa’s request to change the zoning of a parcel of land that was incorrectly zoned Utility. This is the first time the Council heard about an employment center being built on that property.

An EDAC committee member asks what type of motion would the City Manager be looking for to take this forward. Answer;

Well, I mean, a motion recommending approval of an Administrative change. Then Attorney Watts stated, if I may offer a suggestion on the language, and then, presents the language for the motion; I will read what was verbatim from the tape of 9/24/08: IF YOUR’RE CHOOSING TO RECOMMEND THAT THIS BE DONE ADMINISTRATIVELY THE RECOMMENDATION TO THE CITY COUNCIL THAT THIS BE PROCESSED AS A ADMINISTRATIVE LAND USE AMENDMENT FOR THE PARCEL THAT IS LOCATED TO THE EAST OF BARWICK RD. AND ALSO THE PARCEL THAT WILL PROVIDE A LEGAL DESCRIPTION ON THE WEST SIDE OF BARWICK RD. INTENDED TO BE AN EMPLOYMENT CENTER.

Disturbing; The EDAC committee should make its own motions. Not the Lawyer that represents Mr. Costa or representing VCARD, and who is President of the Deland Chamber of Commerce. Not anyone but EDAC. Why was this not stopped? When was the City Council going to be let in on all of this activity?

The City Manager states that the land that can be developed around the Commuter Rail Station at Ft. Florida Rd. in her words “is very land challenged”. No argument from EDAC that location is poor at best, no viable alternatives, just full speed ahead.

The EDAC committee had money allocated for a Market Study, but only 1 response was received so they turned over that money to a Commuter Rail Study. The City Manager said how gracious they were to do so.

Disturbing; When did the EDAC committee inherit the power to switch monies from one use to another without Council approval? Why was this not stopped in its tracks? How can they move money to a brand new line item.

Update: The money issue has been resolved. On August 1, 2007 the City Council appropriated money to study "transit orientated development for non-residential uses". Vice Mayor Fulton did not want high density "multi-family development" around the station. City Manager Courson stated it "has long been the position of the Council to only support single-family, rather than apartments." So, the money was appropriated by the Council to study transit orientated development but not for residential uses.

We are told the Commuter Rail Station design was selected by the City and County. EDAC had no comment, the City Council had no comment, the people of DeBary had no comment, so how could it be said that the City made the selection? What is the cost? What is the Size? etc.

Who authorized the creation of 3 sub-committees reporting to EDAC? And a suggestion that a roundtable meeting be held in the new City Hall, where the sub-committee would be shown maps and plans, where no minutes would be taken at that meeting – just notes by the attendees. All of this to be ready for the January Council meeting. Note, the January EDAC meeting was cancelled.

Disturbing; These were just some incidents that occurred without the Councils knowledge. Let me briefly repeat the items that the City Council was not kept abreast of for over 3 months.

The City Organizational Chart reads as follows; CITIZENS FIRST, CITY COUNCIL, CITY MANAGER.

I make a motion to dissolve the EDAC committee until the City Council reviews EDAC’s job description and procedures. After the City Council reviews this, it will solicit volunteers who want to be on a new EDAC which will be created from applications being accepted by interested citizens. This will occur when a New City Manager is in place. Any information currently underway shall be turned over to the City Clerk for review by the City Council. This material will be given to the new EDAC when ready.

Did anyone on the Council know that Mr. Kintner and Mr. Alemaney had resigned? No. The length of time before the Council was made aware of invitations sent to a variety of people to attend the EDAC meeting - but none to the Council? There were additional questions asked and Mrs. Emerson came forward and requested to speak to the Council.(summarized)
Mrs. Emerson: "As a member of the EDAC, I come before the Council to express my concerns about City Government". She wanted to know what EDAC’s responsibilities are. Should they be creating separate committees? Without Council knowledge? She had asked for maps and other information and never received them. She eloquently presented how the Committee and the City have gotten away from the people by trying to shove things through at the last minute. This summary doesn't do justice to her full presentation but it did get the full Council's attention.
Mr. Meister said he would turn in his resignation at the next meeting.

Councilman Erickson asked the Mayor and Councilman Lenzen if they knew anything about all this. Answer "No". "It was also news to me." Mayor Garcia said that he had been addressing the Committees the past 2 weeks giving them idea and recommendations and said; "it's my fault. Nothing should be going on that we are not aware of". However, he did not think the Committee needed to be dissolved. Motion to dissolve:- 3-2

GAI Discussion:- For the past year or so there have been questions raised about the cost of doing business with GAI as it relates to having the same functions done in-house with a Senior Planner and one or more qualified assistants to cover the various special functions required. Total costs would be lower and sometimes it seems the determinations are slanted in favor of the developer more than the City. Though postponed, the YMCA request is an example of that. A Resolution was proposed to change an Ordinance and for the Council to approve it. Councilman Erickson asked the City Attorney about it and the Attorney said that you can't use a Resolution to change an Ordinance and gave the reasons. So why was it even on the Agenda? Additional discussions will be held between GAI AND THE CITY Council regarding how they work, hours per person, costs, and other information to create a better understanding of what is needed.

Committee Reports: - During this Section, the City Manager suggested that all Committees stop meeting until direction is given to them. Councilman Erickson added: "and as it pertains to the specific function of each Committee."

Edit. Comment: - At the end of Councilman Marks presentation he suggested that any work currently underway be turned over to the City Clerk for review by the City Council. I think this should be done ASAP.

Thanks,

John Likakis
DeBary POP

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City Council meeting - 1/07/09

Summary and Highlights

This meeting was the "Changing of the Guard". Plaques and keys to the City were presented to Mayor George Coleman and Councilman Chris Carson. Mr. Carson also received the "Time Clock" used to enforce the 3-minute limit for speakers. (See Ed. Comments) Mayor Garcia took a few moments to congratulate Mr. Coleman for the many years of service to the City in various Council positions and congratulated Mr. Carson for all the work he had done as Vice Mayor. Mr. Carson aknowledged his Mom for all the work she has done for the City and particularly for being the Founder of the Annual Christmas Parade and Mr. & Mrs. Lombardi's help and work done for the City.

Editors Note:- Mr. Carson acknowledged that "yours truly" was "the #1 violater of the clock." I was just checking to see if he was paying attention or just had a nervous finger. Actualy he was very fair about little overages. Most times the subject was important enough to require another minute to present the background information to the Council so they could repond if neccessary. That's also why, over the years I have suggested adding a minute to Public Participation and adding two minutes to presentations on Agenda Items where discussion is required and more information needed for the Council's review. It's not as if we have dozens of people lining up to speak at every meeting. It won't add much time.

A discussion was held regarding Roll Call voting vs. Voice Voting. It was decided to leave it at Voice Voting and call for Roll Call vote whenever needed.

Gateway Center for the Arts:- Sandra Wilson invited the Council and the Public to stop by for the Grand Opening on January 31st, 10AM - 4PM.It will be worth a visit.

Pat Northey:- Our District annd County Representative will continue to work with DeBary any way she can. She also reported on meetings with Sen. Mica on the Bayou progress, Dirksen Dr. and Commuter Rail. We welcome her support.

Minutes-9/18/07:- Approved after a discussion regarding homes that will be re-built and those for a buy-out. Mr. Hamstra outlined the role the City and FEMA will play in these decisions.

Stormwater Report:- Mr. Hamstra said the City has gone from 67 pumps to 1. The lakes continue to drop but will be monitored after each rainfall. The City has an extension until 10/09 for the City to reactivate pumps as needed. A Workshop has been set up for further discussion on 1/28. The City has $12 million in Capitol Projects buy only $3 million. available at this time. Investigating additional sources is under way.
Councilman Marks asked about the status of the DGCC Sales office re-building since they are "built-out". Previous minutes will be looked at to see what may have been agreed on with the City.

FEMA Letter/Map Amendment:- This will be a document that identifies flood prone areas using topographic lines and will be submitted to FEMA for eview and adoption so it will be ready for any severe weather this year. Councilman Conoley questioned the cost and how it was arrived at and Mr. Hamstra stated that spread sheets are prepared and isolate each task and each person assigned. Approved 4-1.

Valencia/Plumosa Project:- It was decided to postpone this discussion and ditto the 1/28 meeting. Councilman Conoley asked if there was an overall Plan for the stormwater system projects aand Mr Hamstra said there is and he will bring the "Play Book"and other information to the next meeting. The Finance Administrator suggested discussion of money's required to the 2/14 meeting when he will have a better fix on stormwater funding.

Land Development Code:- A workshop has been set up for 1/21 at 6PM prior to the regular Council Meeting in order to allow time for discussion.

Mayor Garcia:- Spoke to the audience about making challenges doors of opportunty. "we must all work together to achieve the highest quality of life. The city is in your hands." He said he will set up a Mayor's Roundtable to work with committees and the Council to develop a vision for the City. "I believe in the people of this City. My question to you is - What do you want? Step forward or nothing works."

City Manager:- Council asked about the status of her House sale and move to Georgia. "The Market is slow and probably looking for a minimum of from 60-90 days."

Editor's Comments:_ It was a rather long meeting, but that's to be expected for the first of the year with new members, swearing's in and questions from Councilmen to get a feel of everything. Our Attorneys were very helpful in answering questions and explaining the nuances of the various laws, etc.

It should be an interesting year!

John Likakis
DeBary POP

City Council Meeting - 12/17/08

Summary of highlights

This was a relatively short meeting in that some items on the Agenda could be grouped as a similar subject.

Code Enforcement:- A presentation was made by Don Pulver, Chairman of the Code Enforcement Board. He said that everything has been going well and that over the years a significant amount of money has been collected. The Council was helped by the explanations accompanying each case and worked together in suggesting compassion where needed. He also reported that in cases where homes were in jeopardy of foreclosure or owners temporarily away, neighbors pitched in to maintain the grounds and keep a decent appearance in the neighborhood. That's what's meant by "community".

Restaurant: A new restaurant is underway at the SW corner of Highbanks and 17/92. Formerly the "Mobility" equipment store. A special exception was requested and both the Land Development Code and Comp Plan were reviewed regarding renovations. The bulk of the "renovations" were the installation of their cooking, food preparation, kitchen equipment, etc. There will also be a partially enclosed patio area for outdoor dining.

PEC and GAI:- Proposed Supplemental Services, costs, and status of various stormwater projects were presented by Mr. Hamstra. A section on FEMA Map revisions was postponed until the January Council meeting.

Empire Cattle property:- Mr. Costa and Mr Watts requested the Council approve an Administrative Change for 2 pieces of property that were mistakenly classified as industrial/utility. FPL prperty. The Council agreed to make the corrections but held off assigning a specific land use code - such as Industrial/General - at this time. Applicant to come back for further discussion.

Swearing in Ceremony of new Mayor and Councilmen will be held on January 7th. Mostly a Ceremonial day.

Ed. Comment. My warmest wishes to one and all for a healthy, happy Christmas and Holiday season.

Another year will begin and I hope with the help of the new Council and the help of the citizens of DeBary we will still be the City we all want it to be.I hope these Summaries have been helpful.

Thanks,

John Likakis
DeBary POP

Council Meeting - 12/13/08

Summary of highlights - and some low lights

This is one time I don't need to worry about what I should write about this meeting.

Hundreds of citizens did it for me. The newspapers did it for me. TV did it for me. The lawyer who represented the citizens of DeBary and the Daytona Beach Kennel Club did it for me. The developers lawyers presentation - under the tent and in various promotional pieces - did it for me. The citizens who went to the podium - 40 against, 10 for - did it for me...and the people. Three members of the Council did it for me and for the people of DeBary. For today and for the future of this City.

Mayor Coleman spoke from the heart and for the good of the City and the safety of its citizens. He is still Mayor and wanted to be sure he did the right thing for the people of his City.

Councilman Marks spoke of the variances from the Comp Plan and responded to the use of "Letters from Police Chiefs from around the State". He said, "Why should I listen to outsiders?" (More later) He had questioned the need to rush this project at a previous meeting and it was pooh-poohed. It proved true when it was revealed the Developers Contract ended the end of the month. The required reviews would not have been done so how did they plan to push it through by the 29th?

Councilman Carson had already committed to the project in an article printed in the Beacon a few months ago. He spoke for the project again.

Councilman Erickson probably struck the nerve that revealed some of the sleight-of-hand that was being used. He asked why the 2.5% of the profit generated as going to the City- 10/17/08 meeting - was shown in the promotional pieces as a "portion of the profits...." 2 Bucks? 100 bucks? Whatever they wanted, I guess. Also lack of review by the proper committee , no minutes, no notice of the special meeting. "If we allow this to go through, it will set a terrible precedent." Protestations from the Developers were for naught.

Councilman Lenzen, who I've respected over the years, surprised me when he chose to straddle the fence and voted the project as the lesser of two evils !! The bulk of the evils were from DeBary Downes. Just as most of DeBary was kept from all the right information he said he will decide when he had more facts.He had stated he was against the track and once he read the article outlining facts, inconsistencies and heard what was presented by Councilman Erickson, he would haave voted for DeBary. What happened? Bad advice from somewhere?

Mr. Costa could -and should - be met with again regarding the area in question. There is no reason condos can't be built that would enhance the look and value of the property. In the past he has stated that he wants to work with the citizens of DeBary and the Council to "create good projects" Let's see if he still means it. He'll be working with a new Council that wants to do the right thing in the RIGHT WAY.

Let me fill in a few facts that people - for and against - should be aware of.

By now you know the $300,000. was pie in the sky. The cost to the City would have exceeded that amount within the first year. Not opinion. Fact.

The completion of the project after getting the "Card Room" was at their discretion. The Card Room was the profit center. The rest a "maybe".

Slide show. Well done. Beautiful pictures. Why continue it during public participation? To detract from the speakers? Even after they were told to turn it off, they tried to keep the initial slide on the screen. Deliberate? You betcha.

Crime. They cited letters from Police Chiefs from a variety of Cities. Of course they all had low crime. The figures from the FDLE, Daytona Beach showed significant increases except for Motor Vehicle Theft which went down 67% from 1977. Interesting what can be done with numbers.

Increased business for DeBary Businesses. What do you think would happen to your business if three restaurants were opened - as they say - in the middle of the place? What do you think would happen if the proposed retail shops were built there? Do you really think they were thinking of You? The business community may want to consider what was tried a few years ago - create a business association to help each other. That's where your time and effort and money should be going.And with a new Council you just may get a better hearing and more cooperation.

I'm sure there are many more things that could be done to make our City the ideal place to live and work. Don't look for a quick fix. TV has led us into a 60 minute society. Huge problem arises at 8PM. Solution delivered by 9PM. Everybody happy.

We came close to losing the DeBary we know. Be Careful. There is a lot on money in their pockets and they've said, "It's not over yet." "We're not giving up on DeBary." It's unfortunate that ego overides common sense and money. They discovered we're not a bunch of hicks in a small town with an uncaring population and a Council that could be swayed and doesn't do their homework. SURPRISE !!

Get involved with your City. See what makes things click.

Thanks to everyone who survived the Town Hall fiasco and the cold tent at the Park. Our Ox was almost gored.

John Likakis
DeBary POP

Changing the name of an enterprise to make it
more palatable raises a few questions. If this
project was so good, why didn't any of the surrounding
counties clamor for it? Why did Sumter County shoot it down?
The "Town Center Newspapers" and other promotional materials read as if this project will be the next best thing since sliced bread.
However, there are stil a number of things the people of
DeBary may not be aware of. Remember - The Devil is in the Details.

What's the reality? They throw out numbers such as
$300,000. Wow! What a bonanza for little DeBary. That's all everybody has been talking about. And why not? That's all that was being offered. Are we supposed to think that just because there's a lot of money behind this the people of DeBary should give up? That the City can be bought? $300,000. sounds
real nice. Let's see what that could get us. Or how
far it would go.

Let's start with: Police protection:- At
least one more Deputy will have to be assigned to
DeBary. Maybe even two. Let's work with one. Cost:-$100,000. +.
And the plus could be another $25-$30,000. Who pays? Debary taxpayers. Fire Service:-Additional personnel, equipment, new Fire House, new engine.Who pays? DeBary taxpayers.

Increased traffic:- coming from all directions. 4-Lane Dirksen?
Who pays? DeBary taxpayers.

Trucks:-
Additional garbage and delivery trucks servicing the
area. Roads take a beating. Who pays? DeBary
taxpayers.

Trash:- Pick up along roads and byways. Collection points. Who pays? DeBary taxpayers.

Get the picture? Is there anything left from the $300,000.? And since this is not a philanthropic enterprise, the City - YOU - will be paying for it. It could
cost more than it will bring in. A drain on all local services.

When will the "Gathering Place" see the light
of day? What is the timetable? Two years? 5 years? 10 years?
There's no fixed date. I guess that's where the $20,000,000. would come in. Don't hold your breath because once the poker tables are in there is no guarantee to develop any further. And if the Gathering Place is the focal point of the project, why not build it first and then do the rest? Maybe that's when the jobs will come.

Did I mention crime? Like it or not, crime will increase as it does in any area when population increases or crowds gather. When gamblers get down to their last few bucks they're going to look for a quick fix. Crime can hit anywhere in the City. Walgreens was hit before its official opening. Sammy's has been hit a few times. As for the huge arrow and chart on their front page,they do not reflect the true numbers from the FDLE. Crime is up. The only category that went down from 1977 was Motor Vehicle Theft. And crime will continue to increase and will require more police and more money.

Let's not forget about the horses. How many
races will be run? Per day? Per week? Per month? How many horses
per race? How many stables/stalls will be built and where?
Adjacent to Gemini Springs to pollute it even more?
Hanging the spectre of apartments over our heads is a bit of
a cheap shot. It could be condos and not apartments. And not
built so far back to interfere with the wetlands. 200 with
2 people per unit = 400. 400 cars making 2-3 trips per
day = 1300 trips. Double it to 2600 trips and it's
still less than the estimate of almost 6000/day for the "project".

I can understand why businessmen feel there will be an
increase in their business. It could happen. When? 4
years down the road? More? There's no guarantee. Even
if the project is built, the vast bulk of the traffic it
generates will consist of people to and fro – people aren’t stopping to patronize local businesses. Any boon could well prove illusory.
This project will change the character of this community
- and not for the better. It begs the question - "Are
we willing to sell our City for a few pieces of
silver"?

Do we want our future quality of life put in the hands
of a gambling enterprise. Do we want to gamble on
gambling? The developer has said he will continue his
effort in that City (DeBary). "I'm not backing down
from DeBary".

There's an expression that comes to mind:-
"Socialize the cost and privatize the profits".

Don't let outside interests or personal agendas sway you. Let them know we won't be bought?

City Council Meeting -12/3/08

Summary and Highlights

Public participation":- A Resident was concerned about the variations with the Comp Plan use and other rules and codes. She also stated she wssn't getting call backs or e-mail regarding status of the "Track" project. Councilmen Erickson and Marks explained that it wasn't a dereliction of duty but the fact that at this stage the Council cannot comment because the applicants have not made their presentations to the City Council as yet. They are bound by the rules and as they are judges making a ruling on a case, it would be unfair and partial to comment for or against the project until all evidence is heard. After all the evidence is heard, they will make a ruling to accept or deny or accept with modifications. As for it being a "done deal" it's just a rumor with no basis or foundation.

Stormwater update:- Mr. Hamstra reported that there are 7 pumps remaining on sites that may require additional use due to the continuing "upflow" of ground water in those areas.It may take amonth or so for everything to settle down. FEMA is still holding up money for the West Side Project insisting the City do the whole thing aat once. Thyere may not be any action until after the inauguration. City will continue monitoring the situation. Mr. Hamstra also presented a chart howing the status of all existing projects and a list of the remaining 13 that need to be addresed. Councilman Marks suggested a worksop to be set up in January to work on the remaining projects.

Streetscape Committe:-m Mr. McShea requested a name change for the Committee. Landscaping, Beautification and Forestry Committee. Also to usse outside experts on cetian projects where they may need help. Need to amend the Resolution.

X.Old Business:- Discussion of scheduling of DeBary Town Center MPUD Public Hearings by Council Member Marks: This item was moved up. Councilman Marks questioned the "rush to get this passed.We need time to read and understand all the parts of this project." Councilman Carson felt it should be done now and this Council should decide. Councilman Marks made a motion to continue this to a later date. Councilman Lenzen said we're not pushing but we haven't heard the case yet. Motion not passed.

River Bend:- Mr. Krzys showed the changes that were made, discussed the fresh water, sewer line and reclaimed water line placement and the paving of the road alongside his development. The Fair Share agreement with Empire Cattle did not materialize but a new survey akkowed Mr. Krzys to plaan for the Souther entrance. Council approved th changes and all agreed that they make the project better than before. Councilman Lenzen noted that "This development was the most reviewed, re-worked and made better each time". Agreement passed with a notation that Mr. Krzys will keep the Council informed of all the methods being reviewed regarding water retention and movement.

Editorial comment: I've watched and listened to presentationsfrom Day 1 - the VGMC fiasco, the first revisions, the 3-dAY Judges hearing, the DCA Agreement, Council meetings - and I was for it, against it and for it as changes improved the project. I applaud Mr.Krzys" patience and savvy as he worked through it all.

Reading Edge Academy:- All required changes were made and the Applicant met with the Summerhaven howeowners that would have been affected along the east side and came to an agreement regarding the buffer. Council approved the addition requested.

Riviera Bella:- Applicant reviewed the map of the area and the changes requested at the last Council meeting. All were complied with and there will be no Golf course and 4 parks are planned in the development.

Public Safety Advisory Committee:- Because of the increased complexity
another person needs to be added and a revision of the By-Laws needs to be done. Council approved both.

John Likakis
DeBary POP

Meeting ended at 10 PM.