10-21-1991 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
OCTOBER 21, 1991
MINUTES
CALL TO ORDER
Mayor Wessler called the 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 Attorney Krista Storey
Acting City Manager Fred Munoz
City Clerk Susan Wadsworth
Police Chief Lawrence Schumaker
Present
Present
Present
Present
Present
Present
Present
Present
Present
INVOCATION. PLEDGE OF ALLEGIANCE
Reverend Dr. Tee, Edgewater Union Church, delivered the invocation. There was
a pledge of allegiance to the Flag.
APPROVAL OF MINUTES
Workshop of September 23. 1991 - Councilman Hays moved to approve the workshop
of September 23. Councilman Jones seconded the motion. Motion CARRIED 5-0.
Special Meeting of September 23. 1991 - Councilman Jones moved to accept the
minutes of September 23, 1991. Councilperson Martin seconded the motion. Motion
CARRIED 5-0.
Special Meeting/Public Hearing of September 25. 1991 - Councilman Hays moved
for approval. Councilman Jones seconded the motion. Motion CARRIED 5-0.
ReQular Meeting of October 7. 1991 - Councilperson Martin moved to approve.
Councilman Hays seconded the motion. Motion CARRIED 5-0.
CITIZEN COMMENTS
There were no citizen comments at this time.
CONSENT AGENDA
Ratification of bargaining unit agreements for Public Employees Association and
Supervisors Public Employees Association and Police Benevolent Association:
Agreement with Robert A. Murray to provide inspection services for water
treatment plant - Mayor Wessler stated they just received the contracts on item
A today and the City Manager and City Attorney asked to postpone this for
November 4th so only item B is on the consent agenda. Councilperson Gillespie
moved to accept consent agenda minus item A. Councilman Jones seconded the
motion. Motion CARRIED 5-0.
NEW BUSINESS
Public Works Director's request to buy 120 custom block for incinerator from
Superior Brick and Refractories for $4.980 - Councilman Hays moved for approval.
Councilperson Gillespie seconded the motion. Motion CARRIED 5-0.
Request for analysis of electric power configuration by Pure Power (Sure Pure)
due to damages to computer operations caused by power surges and spikes at
estimated cost of $700 - Councilperson Gillespie moved to accept the request.
Councilman Hays seconded the motion. Motion CARRIED 5-0.
ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS
FIRST READING:
(None)
SECOND READING: (PUBLIC HEARING)
(None)
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UNFINISHED BUSINESS
Meadow Lake - Gate across Pine Breeze Drive
Mayor Wessler stated she was asked to table this for 30 days and asked if there
was an objection to tabling. Councilman Hays asked if there will be any changes
in current status in the next 30 days. Ms. Storey explained there's been no
change to the situation with the gate since the special meeting and her
recommendation is to leave things as is for the 30 days and asked if it would
be until the second meeting in November. Council consensus was it could be the
second meeting in November. Councilperson Gillespie asked if everything can be
cleared up by then. Ms. Storey replied she thinks so and the issue is the
Homeowners requested time to meet. Mayor Wessler asked Mr. Art Wheeler if that
is okay and Mr. Wheeler indicated yes.
Employment agreement with George E. McMahon as City Manager
Councilperson Gillespie moved to accept. Councilman Hays seconded the motion.
Ms. Storey stated there's a blank for the term and Mr. McMahon said subject to
everything going forward tonight held expect to be on board the first full week
in November, so it will be the week of November 4th, and after she confirms with
him she'll put the appropriate date in. She added that section 7, benefits, has
a blank in section B relating to dues for City Manager memberships and she wasn't
sure what the associations were, and they are International City Managers
Association and Florida County City Managers Association. Councilperson
Gillespie stated that's the same as they always did. Ms. Storey stated the other
item under benefits was insurance and whether Council would allow Mr. McMahon
to be covered by the insurance package on his initial date of employment. She
explained she received information through the City's Insurance Clerk and
Principal Mutual stated it's possible, at Council's pleasure, for Mr. McMahon
to be covered the day he begins employment and it's Council's choice to make.
Councilman Hays asked the financial impact. Ms. Storey replied they'd start
paying his premiums that month opposed to the next month. Mr. Munoz pointed out
it's budgeted for the whole year. Councilman Jones asked what the normal is.
Ms. Storey replied 30 days. Councilman Jones stated they should stay with 30
days because he's an employee like anybody else. Ms. Storey explained there's
a provision for Department Heads, supervisors, on down the line, to have a 30
day period, but under the current package if you were an elected official or
attorney, there was not a wa i t i ng per i od. She noted she I s not on board now
because the Insurance Clerk thought it was 30 days but the City Manager doesn't
seem to fa 11 into either slot. Mayor Wess 1 er asked why he wants it to take
effect right away. Ms. Storey replied he requested that as one of his benefits.
Councilperson Gillespie replied possibly his wife is carrying coverage now and
will leave her position to come here, and he has a daughter in high school and
her insurance is non-transferrable to Volusia County and she'll have to pick it
up here. Councilperson Martin stated under the circumstances, she sees no reason
not to make this exception for this coverage. Councilman Jones said he doesn't
see any problem after this information. Motion CARRIED 5-0.
Request to reconsider amount budaeted to Volusia Council of Governments
Mayor Wess ler stated 1 ike the Chamber and VCARD, she thought that what was
budgeted was VCOGls request, but it wasnlt. Councilperson Gillespie pointed out
Edgewater was the only one that didn't do it correctly. Mayor Wessler requested
Council pay the additional amount of $1,753.72. Councilman Hays stated VCOG is
an administrative arm of government and does provide a service to various munici-
palities but in looking for areas to cut, he wonders how much welve saved this
year and how it directly benefits the City. He noted a hand out said it keeps
tax rates down and held like an example of that. Mayor Wessler stated VCOG does
a number of different studies we don't have to pay for. Councilman Hays noted
we have to justify the money and be sure taxpayers get their money.s worth.
Roy Schleicher, Director of VCOG, stated they haven I t increased the member
assessments going into the third year and none of the employees received a pay
raise this year and were told that as they began the budget process. He added
they recently took on one new contract with the Water Co-Op and in the future
they hope to save on everyone's tax bills and be administrators of these
programs. He explained in the past year they had a study on liability and
comprehensive insurance and the idea was to pool insurance to save money but
after they did the study, that wasn't the case, and they recommended the cities
maintain the insurance they have. He said they're working on a group health
insurance study especially for cities the size of Deland, Edgewater, and smaller
cities and feel there's some potential for pooling health insurance of all the
employees. He said the City through membership that would cost about $500 as
2 Council Regular Meeting
October 21, 1991
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UNFINISHED BUSINESS (Continued)
Request to reconsider amount budaeted to Volusia Council of Governments
(Continued) - an individual city belongs to NAEIR and receives quarterly catalogs
on contributed items and you can request different items and pay nothing but
shipping. He noted many times through Fire and Public Works Departments they've
received items they'd have had to pay for but with VCOG membership you don't and
Edgewater's taken advantage of it. He continued that they've done studies on
parks and recreation and impact fees and the Green Ribbon Committee and they have
a staff level economic committee and are looking at things that have potential
money savings. He said if in years to come they can maintain the contracts they
have they can save a great deal more money. Councilperson Gillespie referred
to the bicycle/pedestrian program. Mr. Schleicher noted the County Council
turned them down for funding. Mayor Wessler stated everything she's received
from VCOG or MPO is on file in her office and can be reviewed. Councilperson
Gillespie stated they're working on warehousing, mass transit transportation,
and bicycle/pedestrian programs. Mr. Munoz pointed out the City has a resolution
on loaning and leasing equipment and took advantage of it with Port Orange.
Councilman Hays stated it's important they publicly know what they're getting
for the money and the public deserves an explanation.
Mr. Schleicher stated participation from Edgewater members has been encouraging
and during the meetings the members of the various cities and the County have
interaction and information that flows back and forth which justifies most of
the money paid to VCOG. He pointed out all cities, the County, and the School
Board are members, and recently DBCC, Embry-Riddle, Deltona Fire Control
District, and now some non-profit organizations are talking about joining.
Mayor Wessler requested a motion to approve the $1,753.72. Councilperson Martin
so moved. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0.
COUNCIL/OFFICERS REPORTS
City Attorney
Ms. Storey stated she distributed a memo regarding settlement of litigation in
the case of Reny versus City of Edgewater which is a personnel matter and the
City is represented by Baker and Hostetler, Nikki Clayton and James Etscorn.
She said there's a proposed settlement of $23,500 and a recommendation of Baker
and Hostetler, and after discussing it with them she's recommending the City
approve a proposed settlement agreement with the addition of a couple of items
in regard to the public records that this agreement must be available in the
public records and for payment of that sum Mr. Reny would dismiss the current
lawsuit and release the City from any and all claims. She added she requested
Mr. Etscorn place in that agreement this would include any unemployment
compensation claims. She recommended Council approve the agreement subject to
pub 1 i c records changes she i nd i cated and author i ze the Mayor to execute the
document when they have the final document in hand. She explained Mr. Munoz
indicated the Self-Insurance Committee has approved that amount of the claim.
Council person Gillespie moved to accept her recommendation. Councilman Hays
seconded the motion. Motion CARRIED 5-0.
Ms. Storey stated Council received a report by David Colee regarding the
automated services situation of the City and he recommended in view of the number
of departments on the current system and the status of that system that it would
be appropriate if the City Attorney's office were on a stand alone system. She
said she's not trying to pressure them but would like to talk with Mr. Colee
about a system and bring her legal secretary on board and start producing for
Council. Councilperson Gillespie said she has no problem, he's working to get
her an exceptional deal, and it's budgeted. Councilman Hays stated inasmuch as
it's budgeted and if she orders now it won't be here until November, he doesn't
have a problem. Ms. Storey explained she brought this up because Council placed
those items on hold during budget hearings. Councilperson Gillespie moved to
allow the City Attorney to purchase her stand alone equipment necessary for her
office. Councilperson Martin seconded the motion. Motion CARRIED 5-0.
Actina City Manaaer
Mr. Munoz stated Florida Statutes allow the City to waive ad valorem taxes to
encourage development and increase jobs and he distributed information on it.
He explained this is a concept to discuss and at a future date take action on
it. He reviewed the schedule that showed for undeveloped land $160 a year into
the City's tax roll and if that value increases at 4-1/2% it would accumulate
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Council Regular Meeting
October 21, 1991
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COUNCIL/OFFICERS REPORTS (Continued)
Acting City Manager (Continued) to $2,216 in the year 2002 compared to developed
with exemptions and giving them a tax holiday of a number of years would be
$3,046 cumulative ad valorem in 2002. He noted after those years the City would
start realizing some ad valorems. He said the City could explore the concept
to encourage development on property where nothing is being done. Councilperson
Gillespie asked if he wants them to look it over. Mr. Munoz explained Joe Martin
has been working with it. Councilperson Gillespie asked if this came from our
Industrial Development Board and if other cities do this. Mr. Munoz said it's
in Florida Statutes so he assumes other cities and jurisdictions do it.
Joe Martin stated this did not come from Industrial Development Board, it's an
agenda item for their next meeting, and a recommendation will come from the
Board, but this comes from him privately at this time. He explained this spread
sheet shows cash flow in terms of ad valorem taxes on real property and
improvements thereon. He said it gives an idea of what not developing industrial
type property would cost you. He stated this is authorized and the City Attorney
would want to check this out but the Statutes make a provision for economic
development ad valorem exemptions for municipalities and counties. He said this
will come back to Council with specific language.
City Counei 1
Councilman Jones stated he enjoyed his vacation in North Carolina and just
returned today. He said he hasn't had a chance to read Mr. Colee1s report yet
but will do so tonight. Councilperson Gillespie stated Mr. Colee said he enjoyed
doing it and if Council wants him on agenda helll do that or they can get with
him individually. She suggested a letter of thanks be sent as normally he gets
paid. She stated it's an excellent report on all the computer systems.
Council person Gi 11espie thanked Council for letting her chair the Student
Government Week, she had a lot of fun and realized she misses teaching. She
added she hopes to make it bigger and better with the City Clerk's help.
Counc il person Gill esp i e thanked the Fire Department for the fire prevent ion
program, adding that it was very nice and was educational and enjoyable.
Councilman Hays congratulated the Fire Department and said it was a great day,
the kids learned a lot with the smoke room and trailer, and it was fun. He said
everyone did a wonderful job and it was good p.r.
Councilman Hays stated he read the memo that welve acquired the 26 acre property
and he congratulated Jack Corder and canlt wait to see it going.
Councilman Hays stated he's been going to the Florida League Environmental
Quality Committee meetings and they'll be taking proposals for the next
legislative session to Tallahassee in November and helll distribute the final
draft on that. He said the issue of voter control for taxes came out of this
and it will be presented at the legislative level and they hope to have action
on it. He gave Mayor Wessler a booklet for her review and then to be circulated
amongst Council members.
Councilman Hays stated it's important to look at personnel matters and when the
new Manager comes on board they need to look at in service from a management
point of view on dealing with personnel and look at the personnel manual that
practically doesn't exist and that should be priority in the near future.
Councilman Hays stated at the end of the budget hearing there were comments
about the money spent last year versus this year's budget regarding attorneys.
He said he researched this as he doesn't like the public to feel that the concept
of a full time attorney would cost money because it will save money and they
won't have to keep hiring some of these other firms. He reviewed some of the
figures for telephone bills, transportation, etc., and noted the total charges
were over $99,000. He said he hopes the people who pay taxes and supported them
with the full time City Attorney will see these savings. He added Krista Storey
is here to do the full time job and he feels they're getting a bargain.
Councilperson Gillespie stated the candy bag stuffing is 9 a.m. next Tuesday,
a week from tomorrow, on the stage.
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Council Regular Meeting
October 21, 1991
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COUNCIL/OFFICERS REPORTS (Continued)
City Council (Continued)
Mayor Wessler stated they got a memo on paving Turgot with three options. Mr.
Munoz explained that item is more for staff but would appreciate Council's input.
Mayor Wessler asked to get it going. Mr. Munoz said he'll keep them informed.
Mayor Wess ler asked about the Internat iona 1 Internship Program. Mr. Munoz
replied he mailed the application and one City employee is interested in being
a sponsor and providing housing and she'll get $150 a month for meals. He added
she has experience on the student exchange program and would be an excellent
person for the host. He noted the application has to go to Tokyo so they should
hear something within the month and they'll have to decide if they want someone
in Finance, Parks and Recreation, Police, or where, and it will be a learning
experience for both. Mayor Wessler asked if they'll work for nothing. Mr. Munoz
replied yes, they pick up more of the American language and get to interact with
a family and learn what we like and don't like and can go back and do a better
job economically. Council person Gillespie noted her son-in-law did this in
Germany.
Mayor Wess ler congratu 1 ated Jack Corder on the park and said the footba 11
association is meeting across the street now and they're looking forward to the
football field on that property. She requested an award of recognition at the
November 4th meeting to one of the firefighters who donates his time on the
football program and has no children. No Council member objected.
QUESTIONS FROM PRESS
There were no questions from the press.
CITIZEN COMMENTS
Art Wheeler, 211 Meadow Lake Drive, asked if the date is November 18th for the
gate. Mayor Wessler replied yes, to give them additional time.
ADJOURN
Councilman Hays moved to adjourn. Councilperson Gillespie seconded the motion.
Meeting was adjourned at 7:40 p.m.
Minutes submitted by:
Lura Sue Koser
ATTEST:
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CITY CLERI{
Ap%;'oved th i s 'I day of
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Council Regular Meeting
October 21, 1991