08-17-1992 - Regular
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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.
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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.
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Regular Council Meeting
August 17, 1992
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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
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Regular Council Meeting
August 17, 1992
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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.
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August 17, 1992
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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.
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Regular Council Meeting
August 17, 1992
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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.
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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
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Regular Council Meeting
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