The time is 8: 52. We have a member of the public who has come to spaes speak. Mr. Daiven port

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The time is 8:52. We have a member of the public who has come to spaes speak. Mr. Daiven port.
Clarence daiven port .
The clock is ticking you have three minutes.
I have flooding in my home. My dish live on the county road. Storm water flood from the south end of adell avenue going north. Catch base is my drive Bypassed that came into my driveway. Flooded my garage, car and house. They've been irrigating the house trying to dry it out. I've been living with that stuff and if you have a wife and you come home you know what you're dealing. I talked to your public director and -- cleaning the storm drain. Storm drain -- Atlanta. They're pulling out hub caps. He said he can't give any indication whether he's liable for it. I said that's passed my house the street escape is in the middle of the road. Storm water did not into the drain it bypassed it and into my home and my grabbing my grabbing door is bsh garage door is bent. That's my statement. I need somebody to give me some answers. That's what I'm here for. Counc Ms. Cusack came to my home.
You still have a minute left if you have anything fourth say?
You can run your whole time out.
Okay. I work for the city that length of time and I worked with the county on different projects. I was public works director for about 20 years. I calm up through the ranks -- came up through the ranks. I feel like I'm thrown to the side because I can't get anybody to answer. We know the road is a problem. The storm drains is a problem and somebody needs to address the issue. Tell me something or come talk to my wife and live with my wife.
Thank you.
Thank you sir.
Any other Peace Corp public par tis -- participation.
No sir. We will be in recess for the next 5 minutes. We will start the meeting at 9:00.
Time is 9:04 a.m.. May I -- today's invocation and Pledge of Allegiance led by Owen Stricklin. If the council would please rise.
Let us pray together. While lord you have given us incredible bhufl day. The opportunity laying before us in this day. We pray you will be with those in this chamber and give them wisdom and bless them with your love and grace and comfort. Thank you for your blesz blessings on all of us. We want to give you all the praise and glory in thy holy name. >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
Thank you. >> Okay. If I could have a roll call please.
Mr. Lowry.
Mr. Patterson? Present.
Mr. Wagner? Present .
Mr. Can yells?
Mr. Davis.
I am here.
All present.
Thank you. Before we we go to pulling our consent agenda item. Number 18 is pulled since we have a bunch of staff members here we'll jump ahead to 8 first before item one. 15 A has been added to the consent agenda. For anybody listening or keeping track here. With that we will start with Mr. Lowry. Any consent items?
Mr. Patterson? Mr. Wagner? >> Ms. Cusack.
Mr. Daniels. Pull
Pull them all. >>Ly pull them all unless you resend that.
He did not recitizened
We will be pulling all ooments. >> You sure
Ms. Denys.
Wow I was going to take -- but --
It's going to be a long day.
Mr. Dinneen.
If we can this is a good item for us today. Mr. Motes will get up in a second and introduce everyone and talk about the settlement we have with the fire fighters. This is the final contract for settlement that we've had in the ones that are out there in terms of the unions. A multi year contract. Considering the conditions in it I think it's both -- it's good on both sides. Respect it is fact that cloinl do right by the employees and that the employees recognize and accept those things in terms of wages and benefits what the county afford and offer. Tom?
Good morning. Tom Motes resource direct. Pleased to be here with the ratification for the IFF for the firefighters and lieutenants. This is a two year agreement. Wages that are they've accepted. We're please wed received this agreement. I would like to thank Jeff who is here and Mike england who is on the bargaining team. Did a great job. With that I'd like to turn it to --
Good morning. I would like to say we appreciate once again the professional and respectful negotiates notions we had. We are glade to wrap it up. This is the quickest we've had a contract I've been involved in. It's nice to get over with. Thank you, everybody.
Thank you. Any other staff report on this?
I will -- we do have to have a motion for ratification?
I will entertain said motion.
I move we ratify the agreement with the firefighters and lieutenants.
Motion for ratification and Second second by Mr. Lowry.
Sne other discussion Ms. Ms. Cusack.
As a council I'm so pleased we have moved in this direction. I'm thankful the citizens of Volusia County are createful for the service that are gr gateful for the service being provided. I'm delighted to support this ratification and to say to the staff and laber as it relates to the firefighters. I want you to know your work is appreciated. We recognize what you do is what we all want to happen. We want to be safe and you run two what we run from. We're grateful for your service. We acknowledge you and pleased you have ratified this contract and agreement and do the business of the people and take care of you and your families and so we're proud of the work you do. Thank you.
Thank you.
Mr. Daniels.
Yes. I have a question Mr. Raktwal if you would. Since the fire fighter issue came up. One thing that I keep hearing is complaints about the fire station out there on 40. Is there anything we can do about that given the fact we will probably be increasing fees for the unincorporated area.
We do have a motion on the floor. We can take this up afterwards.
Point of order. If we can --
I will take it up later. That's fine.
Any further discussion on the ratification?
Seeing as to none. All those in favor signify by aye. Opposed. So carried Mr. Daniels you have the floor.
Where are we on that? Quick question?
Assuming that the proposal gets passed to the budget, process, the whole intent at the time was now we know what our funding is going to be for the next several years and that allows us to make plans. As we discussed talt time the amount -- at the time the amount of money we get probably won't replace fire stations but allows us to start the cost of planning and relocated to be better suited. Possible repairs to the existing fire stations we intend to keep where they're at.
There's a number of people out there in your planning, let's take them into consideration because they are very concerned.
We are. That particular station is in question way back up into a subdivision. A classic example of land given as part of the volunteer system that we mother offed out of -- morphed out of. And we're hoping to have more aven tajs location and do better with our response times.
We're also dealing with the fact there was a miscalculation of the prop aproximate causers office. We were bringing in -- less than this was never a big budget. It was one to make it work. It wouldn't have extra money. We're about,000 less than we thought. We'll take that under consideration when making changes.
Thank you.
Item 1 minutes of July 16, 2015. Any editing changes to the record?
Move approval. >>
All those in favor signify by aye. Opposed, so carried.
Item 2.
Mr. Chair? I'd like to weave the rules and move item #4shgs.
Repeat the request?
The request is to waive the rules.
Time certain of 2:30. I need a second.
There's a motion to move item #4shgs up for discussion.
A section second by Ms. Ms. Denys.
All those in favor signify by aye. Opposed. So moved. We are aware that individuals are speak on this matter are not here. For the presentation. You still have the mroor .
Mr. Chair I'd like to move to postpone this indefinitely this item.
Mesquite waiter quality --
A motion to postpone indefinitely.
I would like -- why do you want to postpone this indefinitely, sir?
I think there's some based upon information I just recently became aware of yesterday and then there's a lot of questions. I think that it needs to be looked at carefully and brought back. Right now I'm take it off the agenda. I don't want it to come back right now.
Okay. If I may address that. The reason why this thing was brought forth to the agenda today, actually been trying to get on the agenda for a couple of weeks. Is not more from anything more from the council. This is a process we have to go through to get things done. There's been a lot of discussion about peer review, tech dal -- technical reviews and we want that. And we've gone to St. Johns water management and the Canaveral seashore and the -- and the director said we would love to look at this program but we need you to go through the council and say yes we'lled like have to have more information and push it forward so they can do the peer review. That's what they're asking for. The vouk and the government do not do peer reviews so we have to go through a organization that does. That's why we brought that here because we're at a stop to get a peer review. The way the bureaucracy is set up. That's why this is actually here. Not here to ask for endorsement. Not here to ask for money. Here to ask for the blessing to go forth so we can get the peer reviews done. That's what we're looking for doing. Once all that information is done. The technical reviews are done and everything is done that way. Then it can come back to council here is all the data you wanted and more fgs you need and we can make a decision on to move forward or not. That's exactly why this thing is here today. Not here because wi want endorsement. Not here because we want you to give money. Not here for any of that. Just here to say yes, we agree with the ideas of getting this goals, so to speak, where you agree with the goals of the Indian River lagoon to Gettis it cleaned up. We -- to get it cleaned up. We can't go any farther until we get a blessing. Ms. Cusack.
Thank you. I'm opposed to the motion on the floor. Simply because we we have advertised this. Citizens who are interested in this project. What would hamper us as being stewards of this government that we would to not hear information that might be able to help us make informed decisions about something. I don't see the need to say we'll just pull it and no we won't hear it. That's one, maybe, two, may four folk opinion. I don't think that's right. When folk come to us with this sincere desire to make things better that we ought to be inclusive enough to hear what they say. We've advertised this to do a presentation and we ought to be open finded enough. I would be opposed to that motion.
Thank you.
Yes, sir?
I think what the presentation we're going to get today is very one sided. There's a lot of other information that needs to come forward before I would even consider hearing this. I don't know the difference between supporting and blessing. To me it the same thing. I'm not willing to do that on this issue. I met with the two gentlemen. I wasn't impressed with what they had to say. The science just wasn't there for me to do it. That is why -- if they want to go off -- if you're involved with it, your guys want to go off and develop something, that's fine. Go forth, multiply and prosper for all I care. I don't want the county council to have to deal with it. Take a vote and if I get voted down, that's fine.
Ms. Ms. Denys?
I second the motion and this is the first time I've heard language that you've used we on this project because it was a surprise to me honestly when I met with mrshgs Pate Tuesday an given the white paper on what the -- what the project was. I'm concerned this organization as a #5 #0 C 3 nonprofit only been exist tense for three months. That would stop me going forward on this. As I was ring on it. With the echo projects. We require two years as a nonprofit status to review an application for ECHO. This is this is disconcerning. And to find out our chair was involved and not disclosed so much so that I believe and I would like to make a recommendation for the charter review committee. It's time we look at anette things policy for -- an ethics policy. Full disclosure should have been out there. We bounld where we are now with the discomfort that exists on this issue. Council member we talked about ethics policy we have a charity review coming up. And it will take our hands off it. Pointing a blue ethics committee. Nothing happened. I think in itself without disclosure is a poster child goings going forth. That is my suggestion. I -- I'm uncomfortable. I think full disclosure. That's why I'm seconding the motion and support it.
Mr. Daniels?
Thank you. I don't see the harm in hearing the presentation. The Volusia County council has no say whether or not this project goes forward. It would go to the Indian River lagoon technical review committee composed of scientists who would review the proposal and determine its merits and cost and do and evaluation of it and it will go to a mj management council made up of the #350e78s from the bureaucracies -- the peoples of the bureaucracies that are on the Indian River lagoon council. The St. Johns river management district and four of the five counties that border the Indian River lagoon including Volusia County. That would be the ones making the decision. I don't see -- we don't really need to take a position on it one way or the other. We're not scientists. We don't know enough to take a position. It would be interesting to hear what the proposal is.
Mr. Wagner?
I already told Tom I would listen to the proposal. I assured him I would hear it out. I can't go back on my word to him. I didn't know you were apart of it. I'm okay with that.
I had discussion with staff members about this project. Mr. Connors and I had a discussion about it.
It should -- council member Ms. Denys part --
Especially on the agenda item to say you're personally involved as a board of directors should have been disclosed.
I can appreciate that. No harm no foul to me.
I made no bones about it --
I'm glad you're taking the initiative.
Two weeks ago I made no bones about it that I wanted to get this on the agenda. Ms. Ms. Cusack was aware I was involved in it two years ago. I apologize to you and others that did not know that. Sunshine law --
How does one council member know and the others don't mp
She was hat at that time meeting when it was discussed two years ago. I made no bones about it. I was not hiding the fact I was on the board. Just on the board. That's it. All right Mr. Daniels further discussion?
One final thing. I was aware of your involvement. Not sure exactly where I heard it. Been awe water of it all along. Not a surprise to me. I gather it was your idea. It's -- I've known it from the first time I heard about the proposal that you were involved. Am sorry it is to others. Not -- it it wouldn't me.
The emotionen to want floor is to remove -- motion on the floor to remove item 44 from the agenda. All those in favor signify by aye. All those opposed. So it would be 4-3. Ms. Ms. Denys, Mr. Hour Lowry opposed. Mr. Patter -- it will stay on the aagenda. Item #4shgs.
Item 2. Allow county flee employees to become candidates -- Mr. Dinneen?
This is the follow up to the discussion we had about the question of whether this only pertains to the elected department heads. What I greed I would bring forward in Dan's office worked with me to coordinating. That language from my perspective. From my perspective would work and not interfere with my ability to manage my employee ifs they wanted to run for one of those elected department head positions. What I show was the guidelines which it would work. The seat would be open so the person would be have left office, died in office or decided they're not going to run and that the person that would be running would not have to resign. Do have provision where they need to take off several weeks before either primary or the election. A safe guard so they don't get attempted to do anything on the job. Not allowed to do anything politically on the job anyway. This is really how if you were going to make chose changes in the merit system I think would work so I could manage and the person could run.
Mr. Eckert any comment? Your name is listed.
No sir I'll respond to any questions.
Any others we will close the staff reporting. Open the public participation. We do have one member. Anybody else who wishes to speak on this matter?
No, sir.
Mr. Ford. If you would please come forward. State your name and position. >>Al election forward -- Al election Ford. I don't know ifny letter from June got this started. I think it will advance the conversation. I supportive of this ordnance. Not sure even as written it goes far enough to be exist with a charter. You have a charter review commission and I think it should be addressed at ch review commission. If this is the policy -- I think the voters should be more specific in the charter limited to this extend. The charters brought enough to be read that some of the limitations in place are not real legal under our governing document. The constitution of our county. If you ve any questions I'll address them if not I'll sit down looks like you have a long meeting.
Mr. Ms. Denys, d are you dardzing him? We will close public hearing.
Mr. Ford made that comment or the concern I have goes back to our charter review. I think this issue belongs to our charter review and not here. I still believe that. I'm not going to be supporting it because I think at the end there's a reason this exists to begin with. To insulate to a hostile work environment which could happen. Some of us have been in the arena multiple times. Things happen. I just doeng don't believe there's a way to insulate the day-to-day operations from this. There's a reason it was in a charter. It was included back in a charter with an amendment. Any discussion on this should go back to the charter review committee. We have, again, being seat there had. A naufal organization. I'm not going to -- a neutral organization. I'm not going to support it.
Thank you. Mr. Daniels?
I agree with Ms. Ms. Denys. I think it should go to charter review so we understand fully what the ramification would be any time you run for office it involves risk. It involves sacrifice. A lot of people who run they take income hits. They -- that's part of the game. Nobody feels sorry for you for that. You asked for it. It's just part of it . If you are going to be running, you have to be willing to take the good along with the bad having somebody that 1 running for -- that is running for county office on the county payroll seems to be vaguely wrong. You went already occupy the job. It blurs the lines between applicants and government. You may have bsh politics and government. May have more than one person from bureaucracy. Lisa Louis or somebody else from the supervisor elections office to run. What will relationships be then? It will be a mess through the next election. I think the policy was instituted for good reasons as Mr. Ford pointed out. It may need adjustment during charter review. For now to make piecemeal changes, do I not agree with that. If we are going to open it up, let's open it up for everybody. For council members and those that are going to resign and those not running and -- those that are. Have a free for all. I think it should go to charter and be well thought out thank you.
Thank you. Ms. Denys -- Ms. Denys you stated it was in the charter. Can you tell me.
If you look, it says created by charter Section 602.1.
602.1? I'd like to look at that. Mr. Wagner I will yield the floor to you.
I'm okay. I'll give a couple of reasons why. Council run if I was termed out wanted to run for property appraiser --
Is that an announcement.
No I will not be running for appropriate appraiser nor anything else. Or am I? Vy to leave it open to the last minute. When I was a prosecutor a lot of prosecutors were running for judge. It's simple. They just didn't do it while they were work. ing do we take that same mentalities. Prosecutors make great judges because they have more trials. Should they not be allowed to run for judge. Should they quit being a public defender simply because that's their job. What they did after hours or on their day off was their free time. I look at this as a simple situation, we live in America. I feel like we have certain freedoms to do what we want on the -- on our free time. This is one of those to me. If they want to run for office on their free time, it should matter where they work. Could be the public defender running for the public defender's position. Someone running -- in county running for administer position. You want someone who understands the administrative position. The perfect example would be the sheriff. That would be the one that makes the most sense because of the size of the department, the way it's run. The administrative aspects of it. Would you not one someone higher up running that position rather than someone in a different aware area that doesn't know it and doesn't understand it. Creates to me the best person may be the person that is already there. I look at it as a constitutional aspect. My opinion. If you disagree that's fine . I respect that. I think if you're going to do it, if all these other state agencies aloit and people can do it, why would we stop them.
Mr. Patterson?
I don't have a problem with this if anemia charter review. If -- if people in charter review. Fit passes they can take it up. I don't really have a problem with this. The last few days I was in Tallahassee and was, a friend of mine I've known a long time, invited me to go over. A candidate running for superintendent of schools who was a sitting administer in the school system. I talked to them and said is there a problem? No. The superintendent and I are going to be running against each other. I was a principal. There may be another person . This is not an -- this is not an unusual situation. Throughout other areas of the state this is not a problem. I really don't have a problem with it at all. I move approval ordnance -- allow county employees to become candidates without resigning.
Approval -- he beat you out by half a second. We will continue with discussion. Mr. Ms. Cusack?
Some year's ago I was in the same position. I was a nurse. I wanted to run for state legislature. I could not. I had to e re resign even before I could announce I wanted to run for office. I -- I think that's unfair. I'm not sure whether it does prohibit good people -- speak for myself, from running for office. So I just think that this is over due. I don't think it even goes far enough. It does limit folk, good people from being able to run for public office. I support this based on the fact that I know we have many wonderful employees in Volusia County government that will make good elected officials. It's just the freedom that we have as Americans to run for public office. Why because we have a job, and with we all have to work, that I have to leave my employment to run for public office. I think that's -- that it's not fair. I think this is long over due and doesn't go far enough and I support what we have on the table. Thank you Mr. Chair.
Thank you, ma'am. All right. Most people know I carry the charter with me. Section.0 the merit system. A merit system for the employees of the charter government -- ordnances as may be necessary to fully implement the merit system. It is within our power to do this. To pass ordnances in this manner. I have to agree with my colleagues here to my right. We have a lot of good people in this county government that work directly under supervisors. My question is is the clerk of the court considered one of our -- she's not considered --

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