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11-02-1981 - Regular r~ ) t . ~ u . J ~ CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING and REGULAR MEETING November 2, 1981 1. Mayor Christy called the meeting to order at 7:00PM in the Community Center. ROLL CALL Mayor Robert H. Christy Councilman Jacob Lodico Councilman David Ledbetter Councilman Wilbert Pendleton Councilman John Wilbur Present Excused Present Present Present City Atty. Clay Henderson Police Chief Earl Baugh City Clerk Nancy Blazi City Mgr. Joseph Mitchell Present Present Present Present Mayor Christy explained that Councilman Lodico 'was excused because of a death in the family. There was a silent invocation and the salute to the flag. 2. Mayor Christy opened the Public Hearing. 2.A. The City Attorney read Ordinance 81-0-34. AN ORDINANCE AMENDING ORDINANCE 79-0-7 BEING THE SUBDIVISION ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, TO INCLUDE CONDOMINIUMS, APARTMENTS, COOPERATIVES, AND OTHER LARGE MULTIFAMILY DEVELOPMENT WITHIN THE PURVIEW AND CON- TROL OF THE SUBDIVISION AND DEVELOPMENT ORDINANCE; FURTHER PROVIDING THAT THE ZONING AND PLANNING. BOARD SHALL REVIEW SITE PLAN APPLICATIONS FOR DEVELOPMENT TO INSURE SAME TO BE IN CONFORMITY WITH THE EDGEWATER COMPREHENSIVE PLAN, CREATING A RECREATIONAL TRUST FUND FOR FINANCING RECREATIONAL ACITIVITY REQUIRED BY THE IMPACT OF LARGE MULTIFAMILY DEVELOPMENT; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. (Second Reading). There were no comments from the audience. 2.B. The City Attorney read Ordinance 81-0-35. AN ORDINANCE AMENDING SECTION 606.04 ZONING ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, TO PERMIT TOWNHOUSE DEVELOPMENT WITHIN THE B-5 ZONING DISTRICT IN THE HIGHWAY SUBDIVISION, REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH AND PROVIDING AN EFFECTIVE DATE. (Second Reading). There were no comments from the audience. 2.C. The City Attorney read Ordinance 81-~36. AN ORDINANCE AMENDING SECTION 603.01 OF THE ZONING ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, TO AMEND THE DIMENSIONAL REQUIREMENTS AS SET FORTH IN DISTRICT REGULATIONS OF R-4 MULTI-FAMILY ZONING DISTRICT IN THE FOllOWING RESPECTS: DELETION OF THE 20,000 FEET MINIMUM PROJECT SIZE~ CHANGE OF MINIMUM lOT WIDTH TO 15 FEET, CHANGE OF FRONT YARD ~ET BACKS TO 40 FEET WITH THE FIRST FIVE FEET FOR LANDSCAPING AND NOT FOR OFF STREET PARKING; AND TO PROVIDE DIMENSIONAL REQUIREMENT / FOR THE B-2, B-3, and B-4 ZONING DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR PUBLICATION OF THIS ORDINANCE PROVIDING FOR AN EFFECTIVE DATE. (Second Reading). Mr. Bill Phinney, Wildwood, questioned just what parcels or lots it would affect, and if there was a real need to change the ordinance. Mr. Earl Wallace, Chairman of the Zoning and Planning Board, explained that the Board felt there were nat enough restrictions at this time to be able to comply with the comprehensive plan. The Board believes this ordinance would give the City better control on growth before the problems arise. The City Attorney added that all three of these ordinances are in response to the growth situation that the Zoning and Planning Board is presently facing. There were no further comments on the ordinance. Mayor Christy closed the Public Hearing. ~ U <ACTION ON PUBLIC HEARING On Ordinance 81-0-34, Councilman Pendleton moved to adopt the ordinance, seconded by Councilman Wilbur with an amendment. He questioned the public use of recreational facilities. Mayor Christy referred to a section of the state sta:tutes regarding subdivisions, but the City Attorney said that that had been changed. There was some further discussion; the City Attorney offered to make some amendments to the ordinance and bring it to the next meeting. There were some comments by Mr. Earl Wallace about the intent of the ordinance. Councilman Pendleton withdrew his motion and moved to TABLE the ordi- nance to the next meeting, seconded by Councilman Wilbur. Upon roll call the motion CARRIED 4-0. The City Attorney re-read Ordinance 81-0-35. Mr. Wallace explained the Zoning and Planning Board's reason for recommending this ordinance and showed on the map where the area in question is located. Councilman Wilbur moved to adopt the ordinance, seconded by Councilman Pendleton. Upon roll call, the motion CARRIED 4-0. A question was raised by Councilman Wilbur as to the correct number of Ordinance No. 81-0-36. Mayor Christy called a ten minute recess so that this could be checked. The meeting was called back to order. The City Attorney informed the Council that 81-0-36 was the correct number of this ordinance and that it had been duly advertised as such. Councilman Pendleton moved to adopt the ordinance, seconded by C 0 u n c i 1 ma n W i 1 bur . U P 0 n r 0 1 1 c all, the mot ion CAR R lED 3 - 1. C 0 u n c i 1 - man Ledbetter voted NO. 3. APPROVAL OF MINUTES -- Councilman Wilbur moved to approve the minutes of October 19, 1981, seconded by Councilman Pendleton. Mayor Christy explained that he would vote NO because he had never received answers on the questions he had about the bill that were in the minutes, and he had also planned to ask more questions about the bills but he did not have enough time. Upon roll call, the motion DID NOT CARRY by a vote of 2-2. Councilman Ledbetter voted NO because he was not present at the meeting. Mayor Christy voted NO for the reason stated above. The City Clerk questioned whether or not the minutes were accurate. There was no motion to correct the minutes. The City Attorney adv1sed the City Clerk that the minutes should be recorded as public record and properly filed. 4. COMMUNICATIONS-- A. (1) City Manager Joe Mitchell explained that the City Attorney drew up a resolution to confirm an adjustment in millage due to an increase in valuation. The City Attorney read Resolution 81-R-79. A RESOLUTION AMENDING RESOLUTION 81.-R-75 BY REDUCING THE ADOPTED CERTIFIED MILLAGE RATE FROM 7.000 to 5.85 MILLS PER $1,000.00 ASSESSED VALUE FOR THE CITY OF EDGEWATER, FLORIDA, FOR THE FISCAL YEAR 1981-1982; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Pendleton moved to adopt the resolution, seconded by Councilman Wilbur. Mayor Christy explained that he would vote NO because this matter was not handled according to the charter, which says that the City Clerk should be the director of taxation. Upon roll call, the motion CARRIED 3-1. Mayor Christy voted NO for the reason stated above. Council Meeting 11/2/81 -2- v u A." (2-}1 The City Manager , Joe Mitchell , gave his report. The final work on the auditorium and the landscaping is complete; work has been started on painting City Hall. Permission has been granted by DER for the Hermosa Palms Development. The proposed Industrial Park being dev~bop~d:by FEC may be named the Edgewater Industrial Park. There are new street maps in City Hall and in the auditorium. There are plans to have overlays so the map can be used for different purposes. The City is starting work on a reference library for public admini- strative texts for use by city employees, board memb~r~~ and "the general public. Mayor Christy asked Richard McKillop to come up and repeat a question that he had posed to the Mayor. As a member of the Zoning and Planning Board, he wanted to know if the Council would clarify public vs. private use of recreational facilities in the condominiums. Mayor Christy and the Council assured him that the City Attorney in his changes would do so. 4.B. The City Attorney announced a new program that the Legal Department and the Police Department will undertake. The program regards recent legislative changes that were made to criminal procedure laws by the State of Florida which give to local police departments certain latitude in fighting crime. The City has the right, now, to confis- cate any personal propertyo:r:'monies that were used in the commission of a felony, such as cars, aircraft, etc. These monies can be used to improve law enforcement in the City. Mayor Christy asked the Attorney the status of several lawsuits pending against the City. The Attorney announced that the special counsel, Mr. John Godbee, appointed to represent the City in Mayor Christy's suit against the City, was injured in a boating accident. Although he is still turning out paperwork from his hospital bed, there is a question as to when he will be able to appear in court. In regards to the Pilch suit, the paperwork is still being prepared. In regards to the Montesano suit, the City's response has been filed to dismiss the suit. 4.C. BOARD OF GOVERNORS -- Letter regarding the Board's by-laws. It was decided that the City Manager would respond with a letter to the Board that their by-laws would be honored and the Council will comply with their request. Letter requesting that Robert Wolfe be appointed Recreation Manager. Councilman Ledbetter moved to appoint Mr. Wolfe as Recreation Manager, seconded by Councilman Wilbur. There was some discussion as to Mr. Wolfe's other duties, and as to some new programs that might be coming up. Councilman Wilbur withdrew his second and moved to TABLE this until the November 16th meeting, seconded by Councilman Pendleton. Upon roll call the motion CARRIED 4-0. Letter requesting allotment of funds for soccer/football field next to Edgewater Elementary School of $1,400.00. City Manager Joe Mitchell explained that the funds would come from the Federal Revenue Sharing funds already appropriated. Councilman Wilbur moved to approve the money, seconded by Councilman Pendleton. Upon roll call, the motion CARRIED 4-0. Council Meeting 11/2/81 -3- ,. 'J (.,,} 4 '. D. -' : H 0 M E 0 C CUP A T ION L ICE N S E S - - R e que s t fro m Sun c 0 a s t Gut t e r s, 1 8 0 7 Willow Oak Drive, for a home occupational license. The area is zoned R-1B. Councilman Ledbetter moved to grant the license, seconded by Council- man Wilbur. Upon roll call, the motion CARRIED 4-0. _ 4.E. PETITION FOR ANNEXATION OF DIOCESE PROPERTY -- The City Manager read the verified petition for voluntary annexation and pointed out the property on the map. Mayor Christy said that he thought the zoning of the property would have to go to the Zoning and Planning Board. He also noted that according to Section 166.021 of the State Statutes, the annexation would require a referendum. The City Attorney pointed out that that section had been repealed, and that the City does not have the power to require a referendum. He added that there does appear to be a problem in the legal descrip- tion and suggested Council table it till the next meeting. Councilman Ledbetter moved to TABLE and send the petition to the Zoning and Planning Board for recommendation, seconded by Councilman Pendleton. Councilman Wilbur wanted to know if the City Attorney would also be working on the legal description. The Attorney said he would. Upon roll call the motion CARRIED 4-0. 4.F. PETITION RE: ORDER AT MEETINGS -- Mayor Christy announced that the next petition could not be on the agenda because it wasn't filed properly according to Resolution 81-R-26. Councilman Wilbur moved to follow the agenda and 1I1et him talkll, seconded by Councilman Pendleton. The City Attorney said that was out of order, the proper motion would be to remove the petition from the agenda, or to follow the agenda. Mayor Christy said that for the record, Mr. Holahan had not followed the proper procedures to get his petition on the agenda. Mr. Dan i e 1 P. H 01 a h an rea d ,h i s pet i t ion con c ern i n 9 the pro c e d u res of City Council meetings and requesting, IIThat the Council instruct the City Attorney to re~tdw .the Code in respect to conduct of meetings and suggest such changes and amendments that may be necessary to preserve order, decorum and observance of Parlimentary Proceduresll. Mr. Holahan and did not signed it. petition as wanted only to submit the petition with his name on want to submit the signatures of the 453 people who Mayor Christy said the Council could not act on the submitted. it, also The City Attorney said he would look into this matter, and rule on it at the next meetin~. Councilman Ledbetter moved to move up ITEM #6 on the Agenda, the Community Development Block Grant Agreement, because of the late hour. There were no objections. Mayor Christy said that he thought the City should go along with the County's plan. Councilman Ledbetter moved that the City of Edgewater opt out of the situation and allow the County to use Edgewater, seconded by Council- man Wilbur. Clyde Mann, Chairman of the County Council, then spoke. He assured the Council that Edgewater would receive their equitable share of the money from the Grant. Council Meeting 11/2/81 -4- r " 'J f..) I, -'The City Manager concurred with this opinion. withdrew his motion. Councilman Ledbetter The City Attorney said that the proper motion would be to authorize the appropriate officials of the City of Edgewater to execute the cooperation agreement by the City of Edgewater and Volusia County regarding the Community Development Block Grant Agreement. Councilman Ledbetter moved as such, seconded by Councilman Wilbur. Upon roll call, the motion CARRIED 4-0. 5. ORDINANCES AND RESOLUTIONS 5.A. The City Attorney read Ordinance No. 81-0-39. AN ORDINANCE AMENDING ORDINANCE NO. 79-0-25 BEING CODIFIED AT SECTION 3-3 IN CODE OF ORDI- NANCES OF THE CITY OF EDGEWATER, FLORIDA, TO DELETE THE PROHIBITION AGAINST PENNANTS, RIBBONS, STREAMERS, SPINNERS, OR WIND OPERATED DEVICES, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, DIRECTING THE CITY CLERK TO ADVERTISE THE ORDINANCE, PROVIDING FOR AN EFFECTIVE DATE. (First Reading). Councilman Pendleton moved to adopt the ordinance, seconded by Council- man Ledbetter. Upon roll call, the motion CARRIED 3-1. Mayor Christy voted NO. S.C. On Resolution No. 81-R-77, the City Attorney recommended that it be TABLED, as it relates to Ordinance No. 81-0-34. The Council accepted the recommendation. S.D. The City Attorney read Resolution No. 81-R-78. A RESOLUTION APPOINTING OFFICERS AND DIRECTORS FOR THE EDGEWATER VOLUNTEER FIRE DEPARTMENT FOR 1981-1982, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur moved to adopt the resolution, seconded by Council- man Ledbetter. Upon roll call, the motion CARRIED 4-0. 7. NEW BUSINESS 7.A. The City Manager read the bids received for the City Hall roof. There were three bids. The Building Official recommended awarding to Conklin Construction at a cost of $4,715.55. The City Manager also pointed out that the money is available in unexpended balances of Federal Revenue Sharing Fund, so there is no need for a new ordinance. Councilman Wilbur moved to accept the Building Official's recommenda- tion, seconded by Councilman Pendleton. Mayor Christy asked City Clerk Nancy Blazi if she would certify that the money was available. She reminded him that the Council had made the City Manager financial officer. The Mayor quoted from the City Charter, but the City Attorney told him that that section had been repealed. Upon roll call, the motion CARRIED 3-1. Mayor Christy voted NO. 7.B. The City Manager read the bids for the Refuse Truck. The only bid that was received was from Truxmore Industries, Inc. for $47,174.00. This bid is more than the budgeted money, but the extra money is in the Federal Revenue Sharing unexpended balances. He recommended that their bid be accepted. Councilman Wilbur moved to accept the bid, seconded by Councilman Pendleton. Mayor Christy asked again about the certification of funds by the City Clerk. The City Clerk repeated what she had said before. Upon roll call, the motion CARRIED 3-1. Mayor Christy voted NO. Council Meeting 11/2/81 -5- ..,-....... ~ " ~ ~ 1~c. ;'The City Manager presented the Police Department Budget. He announced that they had received a special one-time State Grant of $6,905.55 to be used for crime prevention; and reimbursement from the McEver accident of $6,545.37. Neither sum was in the budget. Chief of Police Earl Baugh presented a list of items the department would like to purchase with the grant money. The insurance reimburse- ment will be used to purchase a new car. After some discussion, it was decided to okay the purchase of a car, but to TABLE the other for further study. Councilman Ledbetter moved as such, seconded by Councilman Wilbur, with the agreement that the matter would be brought up at the November 16th meeting. Upon roll call, the motion CARRIED 4-0. 7.D. There was a brief explanation by the City Manager of a proposal to eliminate from the current billing certain uncollectible accounts. They would still remain on the books as far as collecting them, but would be eliminated from the annual audit in an effort to reduce the bookkeeping burden. Councilman Wilbur moved to accept the City Manager's recommendation, seconded by Councilman Pendleton. Upon roll call, the motion CARRIED 4-0. 8. MISCELLANEOUS -- S. I. Burns, Connecticut Avenue, read a poem he had written, critizing the Council and others. Mr. Bill Phinney, Wildwood, took issue with Mr. Holahan's petition. He said that the petition that was presented to the Council did not read the same as the petition that everyone signed. Mr. Walter Gross, Lake Avenue, questioned whether Mr. Holahan actually had all the signatures he claimed to have. He also asked about a rumor that the Board of Governors was being phased out by the City Manager. The City Manager replied that he had no such authority. Mr. Dave Castagnacci, Mango Tree Drive, had a question regarding the $15~ million tax base increase. He said that it was his understanding that $13~ million was merely reassessments, the other $2 million was the discovered Pelican Cove and Florida Shores taxes. But the news- paper reported that $13 million was found. The City Manager said that was his understanding from the County. Mr. Frank Opal, Florida Shores, wanted to know what was being done about the back taxes that are now owed? The City Attorney replied that he has discussed this with the County Attorney's office as well as with other lawyers. He warned that probably the taxpayers will not be held liable. Councilman Pendleton moved that the City Attorney check further into this matter, seconded by Councilman Ledbetter. Upon roll call, the motion CARRIED 4-0. Ms. Alice Murphy voiced concern over the new playing field next to the school. She felt the City should look into its' liability over any injuries, etc. that might occur on the field. The Mayor requested that she check into the allowing of grade school children to play competitive sports. Councilman Wilbur moved to adjourn the meeting, seconded by Councilman Pendleton. The meeting was adjourned. Minutes submitted by: Cecelia Moore Nancy Blazi Council Meeting 11/2/81 -6- ~ . v v '. Mayor F~ .21~~ Counc il ma n ~~-- / ~ ~~_a:/ tdt- ~ c:k)J~ c:2.9fk~ ~-9> Co'uncilman ' ~ --~ ATTEST,: ". .' / ,I... " ,'.1-' , ' 1- " . . "- -11 ~~~ . ,,; .-'\t. "> -.:' ...... ' r -. Council Meeting 11/2/81 -7- - !J;r. i- t... ..-;-'~--- . . FOR~ 4 I ~M~MORANDUM OF VOTING CONFLICT I 1 ~TE ON WHICH VOTE OCCURRED: , 1 1 12j.B 1 ,19_ PART A (MIDDLE) Telephone:904-Lt28-5667 .-- (A/C) (NUMBER) Name: .JILilbUL_h____h (LAST) 1908 Roya~ Palm Dr. Address: ._ WTHlL T) John (FIRST) T. Edgewater,Fla. (e: II Y) 32032 .. P' (:001) Volusia-- (COUNTY) PART B Agency is a Ulllt of [check one) : I State 01 Flolltla, (Xl County, City 01 other POIIIIl:.d SulJtlivision , City Of Edgewater,Fla, Name of Agency, _ _._ _. . Position htlld in Agency: __.9ouncilman PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by FloridiJ Statlltes ~ 112.3143 (1975)) \ If you have voted in your official capacity upon any ml:!asure in which you had a personal, privatI!, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1 D ., f h ". h' h d' ff' . I . Zone Changing B-5 to allow . eSCrlptlon 0 t e matter upon w IC you vote In your 0 ICla capacity: _. _. . ._.. _ _ _ ._.__. "--'---.~.......T.ownhouses. X~ Set Back requirements on R-4 Lots to allow Townhouses on --=zO--.-f-t. Front Lots. .- ....--- 2. Description 01 thll personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: __._ ___ _. _______ ._ _______ Realt~F-~~soc~at~ _D~~_H~~ah~p_g~~~~Y_I~~. .. 3. Ptlrson or principal to VoIhorn the special gain described above will inureJ' () I.J # a. ~) Yourself b. (,xl. Principal by whom you are retained: - . -- M<.--- ~ d.~. '/- t.. (NAME) PART 0 FILING INSTRUCTIONS