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02-28-1977 - Public Hearing/Regular . . . . Tape lB ~ \ . - o o CITY COUNCIL OF THE CITY OF EDGEWATER February 28, 1977 Mayor Armstrong called the Public Hearing of the City Council of the City of Edgewater to order Monday, February 28, 1977 at 7:00 P.M. ROLL CALL: Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman Henry C. Riggs Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney William Gillespie City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present Present Absent Present . Absent Mayor Armstrong explained that this Public Hearing was prearranged and publicized in compliance with Section 900 of Ordinance No. 880. Mr. Wolfe, Chairman of the Zoning Board was given the floor. He went over Artivle IV, copies of which were passed out. He answered questions about their recommendations. Mayor Armstrong broke into the discussion and explained that the Public Hearing must be recessed and the regular meeting began. He asked for a roll call for the regular meeting. ROLL CALL: Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman Henry C. Riggs Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney William Gillespie City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present Present Present Present Present Mayor Armstrong stated that the regular meeting will now be recessed and we will continue with the Public Hearing. Mayor Armstrong asked if the Council has any questions on the Section Article IV of Section 400.01. Councilman Dietz asked if the Zoning Board feels that the Building Off~cial should make the decisions? Mr. Wolfe stated that in the Ordinance it states that the B~ilding Official is the Zoning Official, whether the Council has given this authority or not he does not know. He explained that if there are problems, this is why we have a Board of Adjustments. There were more questions about some of the items. Mr. Wolfe answered them to the best of his knowledge. . . Tape 2A . " Q o Mr. Wolfe explained that this will be an addendum to the present Ordinance and it should give guidelines to the Board of Adjustments, the Building Official and the City Council. It will revert back to the July 1, 1974 date, because that is when the Ordinance passed. There were some questions from the audience, which were answered. The next order of business for the Public Hearing is to rescind Ordinance No. 942. It was explained that Ordinance No. 940 states that you can build on a single lot of record if 51% of the lots have been occupied by single family residences. Ordinance No. 942 restricts this to the Silver Ridge Subdivision only. Mr. Wolfe explained that according to the information the board received Ordinance No. 940 was rescinded November 22, 1976 and they received no information as to whether Ordinance No. 942 was ever rescinded. The next item was a recommendation from the Zoning Board requesting that certain lots in Florida Shores be rezoned. This involves four lots. Mayor Armstrong asked for any objections in regard to the rezoning of these four lots on the corner of Indian River Boulevard and India Palm Drive. There were no comments on this. Mayor Armstrong stated that we have recommendations from the Zoning Board that three classifications be added in B-2 Zonings on land west of the F.E.C.R.R. tracks from 21st street to 30th street. He explained that this is presently zoned commercial. The three classifications being: auto body shops, mini shops and tool and grinding shops. He asked for comments from the audience. Mr. Wolfe answered more questions from the Council and the audience. He explained that the Zoning Board gets questions about things that are not in the Ordinance and the only way to handle this is to rewrite the zoning and add these things in. He also stated that he would like to explain that the Zoning and Planning Board made an error on the map. The area east of the railroad track from 22nd to 28th Streets on Guava was listed as R-3 and it is B-2. He gave the Council the legal des- cription of this area. It was agreed that this correction should be made. The City Clerk stated that she has several applications for home occupations. Mr. Wolfe stated that the Zoning Board did write something up on this to be added prior to the Business section. Mr. Robert Taylor made the presentation of this recommendation. He stated that he feels that this should be placed under the definitions rather than in the body of the Ordinance as Mr. Gillespie suggested. His reason being that it would only have to be typed once in the definitions. If it was put in the body of the Ordinance it will have to be typed several times. Attorney Gillespie stated that he did not consider that we would have to rewrite so much, and it would be easier to amend the definitions, now and when the overall revision occurs then attempt to place this regulation in the various sections of zoning and not in the definitions. Mr. Ihnkin was given the floor. He stated that he apDlied for a business license for a drafting service out of his home. The Council went over this application with Mr. Ihnken. It was questionable -2- Tape 2B . " o Q as to why he would not have complied under the old provlslons. Attorney Gillespie stated that he will qualify under the new provisions. The Council started going over a list of items from the Building Inspector. There was discussion about the Sign Ordinance. It was explained that the Zoning Board is giving this Ordinance an overall check, and perhaps they will be given this list and take care of these items also. Mr. Wolfe stated that the Zoning Board sent a recommendation to the Council about the Building Inspectors issuing the business or home occupational or all of the licenses of the City. The reason being that if they issue the licenses it gives them a chance to make sure the occupation is being done. Mayor Armstrong explained that the Charter states that the City Clerk is to issue all of these permits or licenses, however they can be reviewed and signed on the back by the Building Official. The City Clerk has to assume the responsibility of issuing the licenses. Mr. Wolfe explained that the neighboring Cities have the Building Officials inspect all licenses and occupations once a year. Councilman Dietz suggested that the City Clerk refer anyone asking for a license to the Building Inspector, when he signs it on the back, then she can fill the rest of it out. It was agreed that this is how it should be handled. Councilwoman Webber stated that she feels that if we are going to require the Building Inspectors to review all of these licenses that we should make some type of an agreement with them about what they are going to charge for this service. Councilman Dietz suggested that the City Clerk get together with the Building Official and come up with some type of arrangements and bring it to the Council. Mayor Armstrong asked for any further comments. There being none. He called the regular meeting of the Council back to order. APPROVAL OF MINUTES: Councilman Dietz made a motion to approve the minutes of the meeting held February 16, 1977, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. BILLS AND ACCOUNTS: Mayor Armstrong read the total of the bills in the General Fund account. Councilwoman Webber made a motion to pay the bills, being seconded by Councilman Dietz. There were several questions answered about these bills. Upon roll cal~ vote said motion CARRIED, 5-0. Mayor Armstrong read the total of the bills in the Water and Wastewater account. Councilman Sikes made a motion to pay the bills, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. COMMUNICATIONS: The City Clerk read a letter from Norma Jean Coyle, Chairman of the Stingray Band Uniform Committee in regard to needed funds to purchase new band uniforms. -3- Q Q Mayor Armstrong recommended that this correspondence be tabled until our next meeting. Councilman Dietz made a motion to table this, being seconded by Council- woman Webber. Upon roll call vote said motion CARRIED, 5-0. The City Clerk read a letter from Mrs. Alice Murphy requesting certain certified materials. Attorney Gillespie was asked about this. He stated that he feels each of the requested items should be acted upon separately. Some of the things she is entitled to, however some things he feels the City can not give. He went over each item explaining which ones she is entitled to. Councilman Dietz made a motion that we instruct the City Clerk to carry out the instructions of the City Attorney and answer Mrs. Murphy's letter, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 5-0. Attorney Gillespie cautioned the Council that the City is acting upon a request of an official organ of the City, not based on any complaints of a private citizen. The City Clerk read a letter from Rick Fernandez of Briley, Wild and Associates in regard to the Sludge Collection Mechanism.needing to be replaced. Councilman Dietz made a motion that this be tabled until our next meeting so that he can get more information and perhaps the City can get the work done themselves and save some money, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. The City Clerk stated that we have a letter from William K. Howell, Jr., Senior Assistant County Attorney in regard to the proposed Storm Water Management and Conservation Ordinance. She was instructed not to read the entire correspondence. Mayor Armstrong stated that other Cities on the east coast are in accord with the communication that we sent to Mr. Howell. The City Clerk read a letter from the Southern Building Code Congress in regard to Mr. Paul Leoffler being registered as a Combination Inspector. It commended the City for their efforts to professionalize the building department. . AUDIENCE MISCELLANEOUS: Mr. Michael Fredericks was given the floor. He questioned the garbage pick up. He asked if the 4 x 4 bundle has to be tied or not? It was explained to him that this is the same as the Ordinance has been. The bundle should be secured. RESOLUTIONS: None -4- . " u o ORDINANCES: Attorney Gillespie explained that the Ordinance is quite lengthy. It does adopt exactly the terms and conditions of the Police contract with respect to sick leave, vacation, and holidays and the compensation therefore. He read the Ordinance by title only, ORD. NO. 969 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA ESTABLISHING A POLICY FOR SICK LEAVE, VACATIONS AND HOLIDAYS FOR ALL EMPLOYEES OF THE CITY OF EDGE- WATER, FLORIDA AND ESTABLISHING A PROCEDURE FOR COMPENSATION FOR SICK.LEAVE, VACATIONS AND HOLIDAYS FOR EMPLOYEES OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that we approve this Ordinance and that we post a copy-for all employees to read, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0. OLD BUSINESS: Mayor Armstrong stated that the first item is to set a date for the dis- cussion on the retirement fund for the employees. He explained that this will be quite lengthy and perhaps should be held by itself. There was various discussion on this. Councilman Sikes made a motion that we table this until our next meeting and set a date at that time, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. NEW BUSINESS: Mrs. Marie Nichols was given the floor. She spoke about the importance of the VCATS meetings. She stated that we were left out all together to start with, and we intended different meetings, but Mrs. Webber pursued this until we were a member and we are going to have voting members. She explained that she went to represent Edgewater, because an elected official can not vote. She explained Mrs. Webber's many contributions in regard to this, and that we moved up from number sixteen to number three. She explained that she attended the meeting the next day, and Mayor Armstrong was present and did a marvelous job of pleading our case again. The motion was made and seconded that the citizens advisory board be accepted as read. She explained that due to some politics the motion later was withdrawn and we are back down to number sixteen. She stated however we were there and we were very ably represented and she thanked Mrs. Webber and Mayor Armstrong. Councilman Dietz expressed his appreciation to the job that Mayor Armstrong and Mrs. Webber did on this. Councilwoman Webber stated that she does not feel that thi~ is over, it will come up again. Mayor Armstrong spoke on this. He also stated that it will come up again. He answered some questions from the audience about this. The City Clerk explained that Tomoka Refuse sent us a certificate of deposit made out to Edgewater, Florida City County for their performance bond instead of a piece of paper from an insurance company. They are asking that we write the bank a letter saying that they can pay the interest off of this certificate to Tomoka Refuse. There was discussion with the Attorney about this. -5- o ~ Attorney Gillespie stated that the contract should be amended because it calls for a bond. He also said that it is going to cause some bookkeeping problems to do it this way. He suggested that we not get involved with the interest matter. Councilman Sikes made a motion that we instruct our City Clerk to advise Tomoka Refuse that we can not meet their request and suggest that they change the certificate to a five year certificate and at the end of the contract the certificate will be returned to them There were some questions about this. Councilman Sikes withdrew his motion and made another motion that we advise Tomoka Refuse due to the various IRS regulations and Charter revisions that we are not permitted to go along with his request, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 5-0. MISCELLANEOUS: The City Clerk stated that the man from the Municipal Code Corporation will be at City Hall, Friday at 1:30. She stated that if all of the Council members are going to be present then perhaps a special meeting should be called. Mayor Armstrong stated that we will come back to this. The City Clerk asked Mayor Armstrong if he is going to the CETA meeting tomorrow? Mayor Armstrong stated that he is not going. The City Clerk stated that she will attend. Councilwoman Webber stated that the County bought police cars exactly like the ones we bought. When they were ordered, too many were ordered, and they will sell them for $800.00 less than what we paid. She asked if we will have to go out on bid again? Mayor Armstrong stated that it is not the bid matter, it is the appropriation. We have exceeded our appropriation for new equipment in the Police Department. Councilwoman Webber stated that we have not committed the money that we have coming in on Revenue Sharing. It was agreed to discuss this next Monday night. The City Clerk stated that she would like permission to open a separate bank account for the Garbage. Tape 3B Mayor Armstrong stated that this is going to have to be done. Mayor Armstrong stated that we talked about Ordinance 942 in the Public Hearing, and we need to instruct the Attorney to rescind this Ordinance. Councilman Dietz made a motion to instruct the City Attorney to draw up an Ordinance rescinding Ordinance 942 and reverting Ordinance 880 back to its original form There were questions about this motion. Attorney Gillespie stated that you need two Ordinances repealing each Ordinance, No. 940 and No. 942. -6- . . .' o o Councilman Dietz made a motion to instruct the Attorney to draw up an Ordinance rescinding Ordinance 942 back to Ordinance 940, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. Councilwoman Webber made a motion to rescind Ordinance 940, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0. There was discussion about the amendments to Ordinance 880. Attorney Gillespie stated that one Ordinance will amend all of the items. Mayor Armstrong went over all of the items that need amendment to see that all of the Council members agree. Councilman Sikes made a motion that Attorney Gillespie be instructed to make these changes in accordance with the law, being seconded by Council- woman Webber. Upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong explained that a representative from the Municipal Code Corporation will call on the Council Friday at 1 :30 P.M. to discuss revising the Code. He explained that we can call a special meeting if so desired. Councilman Dietz made a motion that we call a special meeting Friday at 1:30 P.M., being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. Councilman Sikes stated that he would like to be excused from this meeting, however he is all for revising the Code but it will be impossible for him to attend. There was discussion about the various C.B. antenna around the City that can be very dangerous. Councilman Sikes stated that he thinks perhaps there should be some restrictions made in regard to this. ADJOURNMENT: Councilwoman Webber made a motion to adjourn, being seconded by Councilman Sikes. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler Lf~~r~ k.> Mayor ~ Councilwoman ATTEST: ~UL~ C'ty Clerk ~ 7' Approved this I ~ day of Counci March, 1977... . ~~d;/ ~~ ~~ H- - ounci1man ~la or./ r li~ ~ Councilman' ~ {/ ~ ~ -7 - . . ' . . . Q GENERAL FUND: Firehouse Magazine Edgewater Motors, Inc. Larry Gibson Hank Morgan News & Observer Baron Printers E.A. Christensen, P.A. Industrial Office Outfitters Biscayne Fire Equipment Southern. Bldg. Code Congress Carrison Sound Center Burns Janitor Service Motoro 1 a, I nc . Goodyear Service Stores Miller's Wrecker Service Florida Fire & Safety Edgewater Tractor & Hydraulic Edgewater Red & White Case Power & Equipment City of Edgewater Gen.Fund WATER AND WASTEWATER: Coastal Office Machines, Inc. A-l Rent All Melvin E. Fisher Moreland Chemical Co. Walker Miller Equipment Co. B & H Sales All State Pipe Supply Daytona Bearing Supply o BILLS AND ACCOUNTS March 1, 1977 Fire Fire Street P.O. City Council Notice of Garb. Service Street City Cl erk Fire Bl dg. Inspector Boards and Council P .0., City Ha 11 Fire P.O., Street, Garb. P.O. P.O. Fire City Hall, Shuflbrd, P.O. Street Petty Cash 19.20 92.80 23.48 64.80 8.40 37.90 15.00 26.14 749.64 24.75 111 .60 15.30 67.95 1,543.83 225.00 13.50 55.00 6.86 1,573.15 49.01 4,723.31 Water and Wastewater Water and Wastewater Wastewater ~Jastewater l~astewater Water Water Wastewater 20.00 165.00 60.00 259.20 125.20 45.00 172.51 5.76 852.67