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08-17-1992 - Regular ....... ...." CITY COUNCIL OF EDGEWATER REGULAR MEETING August .17, 1992 7:00 p.m. Minutes CALL TO ORDER Mayor Wessler called the regular City Council meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Tanya Wessler Councilman Kirk Jones Councilperson Louise Martin Councilperson NoraJane Gillespie Councilman Michael Hays city Manager George McMahon City Attorney Krista storey City Clerk Susan Wadsworth Lt. William Britain Present Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE The invocation was delivered by Reverend Bill Sharp, Christian Life Center. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Councilperson Martin moved for approval. Councilperson Gillespie seconded the motion. Councilman Hays read from page six regarding the increase for the City Clerk. He wants it noted this was budgeted dollars and pay for performance was discussed at that time. Councilperson Martin moved to amend her motion. Councilperson Gillespie amended the second. Motion CARRIED 5-0. CITIZENS COMMENTS There were no comments. CONSENT AGENDA A.lnterlocal Aqreement for utilization of Uniform Method of Collection of Non-Ad Valorem Assessments B. Director of utilities' request to award low bid of $2.570.00 to B & H Sales for 8" differential double actinq altitude valve for Florida Shores water tower C. Riverwalk - Amendment to Florida Inland Naviqation District Aqreement to extend project completion deadline to September 1, 1993. councilperson Gillespie asked to remove Item B. questions regarding A. or C. There were no Mr. Terry Wadsworth, Director of utilities, gave an explanation of his request to award the bid to B & H Sales. Councilperson Gillespie clarified that she was referring to Item D. which was going to be added to the consent agenda. D. Request for Council to approve the SatiSfaction of a Lot Clearinq Lien. City Attorney Storey explained this request. Councilperson Gillespie moved to accept the Consent Agenda, as stated. Councilperson Martin seconded the motion. Motion CARRIED 5-0. .. .""", NEW BUSINESS None ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS First Reading: A. Ord. 92-0-17 Increasina Monthly Fee for Collection and Disposal of Garbage and Trash bv sixty Cents. Mayor Wessler read Ord. 92-0-17 into the record: Ord. 92-0-17 An Ordinance amendina section 19-63 Service Charaes and Rates, and Article VI Solid Waste Disposal, Chapter 19 utilities and services of the Code of Ordinances of the city of Edaewater, Florida by increasina the monthly fee for the collection and disposal of aarbaae and trash by sixty cents, providing for conflictina provisions, severability, applicability, providina for an effective date and providina for adoption and codification. councilperson Gillespie moved to accept. councilperson Martin seconded the motion. Councilman Hays commented about our expenses outweighing our revenues, which is the reason for this action. Dominick capria, 606 Topside Circle, questioned the amount of the bill which was in the newspaper. Mr. Fred Munoz, Finance Director, explained the current garbage bill is now $9.50 for garbage, 50 cents for equipment reserve, for a total of $10.00. The $9.50 is being increased by 60 cents to $10.10 and the equipment reserve remains at 50 cents, totalling $10.60, plus the recycling. Motion CARRIED 5-0. B. Ordinance 92-0-18 with Annexation Aareement of 19 +- acres located between U.S. 1 and Mosauito Laaoon (Ranken Road area). Mayor Wessler read Ord. 92-0-18 into the record: Ord. 92-0-18 An Ordinance annexina certain real property located in Section 1, Township 18 South, Ranae 34 East and section 1, TownShip 18 South, Ranae 34 East, Volusia county, into the city of Edaewater, Florida: amending the description of city of Edgewater corporate limits: providina for filina with the Clerk of the Circuit Court, Volusia County, the Volusia County Property APpraiser and the Department of State: providina for conflictina provisions, severability, and applicability: providna for an effective date: providina for adoption. Attorney Bill Ross, 221 North Causeway, New Smyrna Beach, represented the Ranken family who owns most of this property. Mr. Mark Karet, Director of Community Development gave background information regarding this request. He explained the conditions staff is recommending in order to allow this annexation. Councilperson Gillespie asked if this was property the State recommended the City annex. Mr. Karet stated this wasn't specifically recommended, the State did ask that we work to eliminate any areas adjacent to the river. councilperson Gillespie asked Mr. Wadsworth to clarify the fire hydrants. Mr. Wadsworth answered they recommended four fire hydrants. -2- Regular Council Meeting August 17, 1992 ~ ...., Mr. George Mc Mahon, City Manager, pointed out that the cost of the water lines for the fire hydrants would come out of the impact fees. Councilperson Gillespie moved to accept Ord. 92-0-18. Councilman Hays seconded the motion. Motion CARRIED 5-0. c. Res. 92-R-14 Declarina Candidates for Primary Election for city council to be held October 1,1992. Mayor Wessler read the entire resolution into the record: Res. 92-R-14 A Resolution of the city council of the city of Edaewater, Florida, declarina the candidates for the primary election for the city council to be held on October 1, 1992, providina for appointment of election workers for the primary election by the Supervisor of Elections of Volusia County, Florida, repealina all resolutions in conflict herewith and providina for an effective date. Councilperson Gillespie moved to accept 92-R-14. Councilperson Martin seconded the motion. Mayor Wessler congratulated Councilman Jones for being unopposed in his zone. Motion CARRIED 5-0. Second Readina: (Public Hearinq) D. Ord. 92-0-12 Reschedulina city council meetinas that fall on holidays. Mayor Wessler read the ordinance into the record: Ord. 92-0-12 An Ordinance amendina section 220 Reaular Meetina Times of Article II Council proceedinas of Chapter 2 Administration of the Code of Ordinances city of Edaewater, Florida, by providing that if the first or third Monday of the month falls on a holiday recoanized by the city, the meetina shall be cancelled and rescheduled as determined by the city council, providina for conflictina provisions, severability and applicability, providinq for an effective date, providinq for adoption and codification. Mayor Wessler opened the Public Hearing. There were no comments. Mayor Wessler closed the Public Hearing. Councilperson Gillespie moved to accept 92-0-12. Councilman Jones seconded the motion. Motion CARRIED 5-0. E. Ord. 92-0-14 Addina Appliance Repairs and Retail Sales as Permitted Use in 1-1 Liaht Industrial District. Mayor Wessler read the ordinance into the record: Ord. 92-0-14 An Ordinance amending the Zoninq Ordinance of Edgewater, Florida, amending section 607 1-1 Liqht Industrial District by addinq APpliance Repairs and Retail Sales as a Permitted Use, providinq for conflicting provisions, severability, applicability, providinq for an effective date, providinq for adoption and codification. Mayor Wessler opened the Public Hearing. There were no comments Mayor Wessler closed the Public Hearing. Councilperson Martin moved to Gillespie seconded the motion. Hays voting No. adopt 92-0-14. Councilperson Motion CARRIED 4-1. Councilman -3- Regular Council Meeting August 17, 1992 ~ 'WII F. Ord. 92-0-16 Amendinq 1991-1992 fiscal year budqet Mayor Wessler read the ordinance into the record: Ord. 92-0-16 An Ordinance amendinq Ord. 91-0-10 the final budqet ordinance of the city of Edqewater, Florida, for the fiscal year beqinninq October 1, 1991 and ending Seotember 30, 1992, bv amending certain revenue and expenditure items of the General Fund, orovidinq for conflictinq orovisions, severability, aoolicabilitv, orovidinq for an effective date, orovidinq for adootion. Mayor Wessler opened the Public Hearing. There were no comments. Mayor Wessler closed the Public Hearing. Councilperson Gillespie moved to accept 92-0-16. Councilman Jones seconded the motion. Motion CARRIED 5-0. UNFINISHED A. Apooint exoiration meetinq) . BUSINESS one member to Beautification and Tree committee due to of term of Richard Roberts (from Auqust 3, 1992 Councilman Hays asked to appoint Doris stump, 2512 Twenty-Second Street. Councilperson Gillespie moved to accept the recommendation of Councilman Hays. Councilperson Martin seconded the motion. Mrs. Stump was introduced in the audience. Motion CARRIED 5-0. B. Reconsideration of Librarv Tax in conjunction with Prooosed Lease Aqreement with Volusia County for Librarv. City Manager McMahon described this proposal. He went over estimated Library expenses and the current budget. He explained the economic impact if this tax is passed. He added this is a policy decision, he will follow the direction of the Council. councilperson Gillespie was impressed with the lease. She is bothered with the information that once the bonds in New Smyrna Beach are paid off, the residents there are going to be paid less than the residents in Edgewater. She still takes the position that a regional library needs to be better located. Councilman Hays commented that it appears that a lion's share of this tax will be going to develop facilities in Deltona and New Smyrna. He does not think that by the County taking over the Edgewater Library, they will be able to manage it cheaper. He does not support this. Councilman Jones expressed his strong desire to keep things handled locally. He also cannot support this. Councilperson Martin stated with economics being like they are, other improvements are needed. She feels this is not good timing. Doris Hill, Lincoln Road, asked about the repairs that are needed. City Manager McMahon answered, when these repairs are needed, the burden will fall onto the City and he will research and follow up on the warranties, etc. at the necessary times. -4- Regular Council Meeting August 17, 1992 lllW' ....., Gayle Harmon, Edgewater Librarian, cleared up a few questions regarding the air conditioner and the possible needed repairs. Dr. Gebelein, 1730 Umbrella Tree, described our library more as a recreational vehicle. He also described a regional facility as more of an educational enhancement which could be a benefit to the college community. He also questioned why we should build a library for Deltona's benefit. Mary Rice, Chairman of the Edgewater Library Board, expressed her concern that many people use the library who don't pay taxes for the facility. She feels the Library Board's recommendation is the only way to go. Councilperson Gillespie moved to reconsider. The motion DIED for the lack of a second. Councilman Hays moved to send this back to Mr. McMahon and staff and see if they can come up with a better deal. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. COUNCIL/OFFICERS REPORTS Mayor Wessler explained the regularly scheduled meeting for September 7th needs to be cancelled due to the Labor Day Holiday. Councilperson Gillespie moved that this meeting not be rescheduled. She read a list of scheduled meetings during this time period. Councilman Hays asked Mr. McMahon if he has anything critical that needs to be put on the agenda for that meeting. ci ty Manager McMahon stated there is nothing that can not be deferred to the next meeting. Councilman Hays seconded the motion. Motion CARRIED 5-0. city Attorney No report City Manaqer, asked Council to consider the resolution in opposition and objection to the landfill proposed by the County. He emphasized his strong feelings in opposition to this and recommended the Council go as far as filing a lawsuit for an injunction against it, if necessary. Mayor Wessler read the resolution into the record: Res. 92-R-15 A Resolution of the city council of the City of Edqewater, Florida opposinq and ob;ectinq to the placement of the Class III Sanitary Landfill Excavation Operation on the McCaskill property located on the South side of Possum Camp Road in close proximity to the city of Edqewater's wellfield site and requestinq the Volusia City-county Water Supply Cooperative formally ;oin the city of Edqewater in opposinq and ob;ectinq to the location of the proposed landfill, repealinq all Resolutions in conflict herewith and providinq for an effective date. Councilperson Martin moved to accept 92-R-15. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. City Manager McMahon asked Council to sanction permission to request Florida Power & Light Company allow us to put a banner across U.S. 1 and remind the citizens to get out and vote. The Council gave their approval. -5- Regular Council Meeting August 17, 1992 v ...., City Manager McMahon reported the recent contact with Daytona Beach community College regarding their annexation proposal. He tried to clear up any misunderstanding about the City's involvement and he requested permission to continue with the negotiations on the City's behalf. There were no objections from the Council for Mr. McMahon to continue. City Manager McMahon clarified that the City has not, at this point, been sued regarding the C.I.P. He explained that all the information that has been requested has been produced. Mayor Wessler reiterated that certain factions in the community have tried to publicize that we are being sued and Mr. McMahon is trying to clarify that, in fact, we have not been. Councilman Hays asked for an update from staff on the non C.F.S. coolants. He mentioned the health care memo distributed for employees to take advantage of mammogram screening, this is a good idea. He commended the Police Department on a recent case; good work. He asked for a report on all the dead end streets running into Riverside Drive. He reminded everyone to sign the petitions opposing the landfill. Mayor Wessler No report. She did compliment Mr. Corder on the fine job with the Recreation program and hopes it expands next year. Councilman Jones thanked Zone 1 and stated he feels honored to represent them and he will continue for the next two years to try to get swimming back at Menard-May Park. City Manager McMahon intervened that this has been followed up on. We now know what the State needs and we will be working on getting the test results. Councilman Jones asked Mr. Corder to update us on the Riverwalk. Mr. Jack Corder, Parks and Recreation Director, went over the revisions of the preliminary plans and explained we hope to go out on bids in September. city Manager McMahon called the Council's attention to some other areas where improvements need to be made in the near future. He will be sending specific reports for Council to consider. councilperson Martin stated that, although she does opponent for her seat, she will continue with a positive that Edgewater can move forward. She may be quiet, but Teddy Roosevelt "speak softly but carry a big stick". have an attitude to quote Councilperson Gillespie asked if Council would consider giving the Mayor instructions to sign the sample letter submitted by Joe Martin concerning the Department of Community Affairs. There were no objections. She suggested acknowledging the work and efforts of the groups in cleaning up our highways. She thanked Mr. Karet for the letter regarding the political signs. City Manager McMahon clarified, for the record, when he removed the signs for the Charter from the right-of-way he did so because there is a law on the books against signs on the right-of-way. It was reported that the Mayor asked him to remove those signs, he asked the Public Works Director to remove those signs to comply with the law. -6- Regular Council Meeting August 17, 1992 ...,. ..."" Councilperson Gillespie continued encouraging support for our Mayor as our voting delegate at the Metropolitian Planning Organization. She asked for volunteers to work with the petitions opposing the landfill. She expressed appreciation to the City Attorney and Director of community Development for their assistance working on the land regulations. She thanked Felicia VerWay for the landscaping project she has taken on. She thanked the Edgewater area Chamber of Commerce and said how much she enjoyed the Installation of Officers. She acknowledged our new County Councilman, Vicky Jackson, who is in the audience. QUESTIONS FROM PRESS No questions CITIZENS COMMENTS Dominick Fazzone stated he is a member of the citizens Advisory Committee for the Metropolitian Planning organization and he is going to ask that committee to discuss the proposed sales tax. He encouraged the citizens to get behind this proposal. william Anderson, 1730 Pine Tree Drive, asked if there is someone who can explain the feasibility of blocking the streets off. Mayor Wessler explained this is part of the Stormwater Program. city Manager McMahon explained this further to Mr. Anderson. ADJOURN Councilperson Martin moved to adjourn. Councilperson Gillespie seconded the motion. Meeting adjourned 8:06 p.m. Minutes submitted by: Debbie Sigler -7- Regular Council Meeting August 17, 1992