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04-05-1982 - Regular - "\ <J -..::-~~ u CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING and REGULAR MEETING April 5, 1982 Mayor Christy called the Council meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Robert Christy Councilman Jacob Lodico Councilman David Ledbetter Councilman Wilbert Pendleton Councilman John Wilbur Present Present Present Present Present City Atty. Clay Henderson City Mgr. Joseph Mitchell City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present Present There was a silent Invocation and a salute to the Flag. Mayor Christy called the Public Hearing on Ordinance 82-0-6 to order. Ordinance 82-0-6 - AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY OWNED BY JAMES C. ~ER AND ROSEMARY CARDER TO THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO SECTION 171.044 OF THE FLORIDA STATUTES; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; CONDITIONALLY ZONING THE PARCEL AS R-4; PROVIDING THAT A CERTIFIED COpy OF THE ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT IN VOLUSIA COUNTY, FLORIDA. AND WITH THE DEPARTMENT OF STATE, STATE OF FLORIDA, UPON ADOPTION; PRO- VIDING FOR PUBLICATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Messrs. Witzig, Opal, Gross,Cochran, Garthwaite and Newell spoke in opposition to this annexation citing additional burdens on water and sewer systems, schools, police force, etc. Mr. Holahan spoke in favor of this annexation indicating that he believed growth was good for the City. Mr. Phinney also spoke in favor of the annexation but added that he believed the Council should be better informed about the possible problems connected with annexation and should exercise more control over the development of property. Mayor Christy closed the Public Hearing. 1b Councilman Wilbur motioned to adopt Ordinance 82-0-6, seconded by Councilman Lodico. There was a lengthy discussion among the Council concerning the annexation specifically a problem with sufficient water. Councilman Lodico questioned the hookup with New Smyrna Beach. City Mgr. Mitchell said that the negotiations with New Smyrna Beach were almost completed and that this hookup wouid be used on a,. sta.r:dby b,asis' cmly and would be put into operation only for emergencies. Councilman Ledbetter pointed out that the City has not yet supplied Florida Shores with utilities. The City Mgr. informed the Council that all of Florida Shores should be connected to the City water system within approximately 45 days. Mayor Christy said that he was opposed to paying New Smyrna Beach a monthly fee for the emergency hookup. Upon roll call the motion to adopt CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Mayor Christy opened the Public Hearing on Ordinance 82-0-9. Ordinance 82-0-9 - AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA, ZONING THE FOLLOWING LOTS FROM R-3 AND 1-1 TO R-4, TO WIT: LOTS 25 THROUGH 29, BLOCK E, HIGHLAND SHORES SECTION 1 AS PER MAP RECORDED IN MAP BOOK 9, PAGE 63, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, AND LOT 20, ASSESSOR'S SUBDIVISION OF SHEPPERD AND SANCHEZ GRANT PER MAP BOOK 3, PAGE 49, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, WEST OF WEST LINE OF LOT 24, EXTENDING SOUTH BLOCK E., HIGHLAND SHORES SECTION 1, AS PER MAP RECORDED IN MAP BOOK 9, PAGE 63, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. ~ ~ '. ~ v Mr. Opal spoke in opposition to this rezoning indicating that he believed it was spot zoning. Mr. Holahan spoke in favor of this rezoning and pointed out that the abutting property was multi-family. Mr. Phinney spoke concerning the change in the nature of the area in question and mentioned again more Council control. Mayor Christy closed the Public Hearing. 2a Councilman Lodico motioned to adopt the ordinance, seconded by Councilman Pendleton. There was a discussion concerning the small piece of property in the area that will be left an I-I zoning at the request of the present owner. Mayor Christy pointed out that this would be creating an enclave and he could not vote for this. Upon roll call the motion to adopt CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Mayor Christy opened the Public Hearing for Ordinance 82-0-10. Ordinance 82-0-10 - AN ORDINANCE AMENDING OBSOLETE SECTION 8 OF THE CITY CHARTER TO RE-DISTRICT THE CITY INTO FOUR EQUAL ZONES FOR THE PURPOSE OF ELECTING CITY COUNCILMEN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. There were no comments from the audience. Mayor Christy closed the Public Hearing. Councilman Pendleton motioned to adopt the ordinance, seconded by Councilman Wilbur. Motion CARRIED 5-0. Mayor Christy opened the Public Hearing on Ordinance 82-0-11. Ordinance 82-0-11 - AN ORDINANCE REGULATING THE SALE AND USE OF FIREWORKS WITHIN THE CITY OF EDGEWATER, TO INCLUDE CHAMPAGNE PARTY POPPERS AND SMOKE BOMBS WITHIN THE LIST OF FIREWORKS PRESENTLY DEFINED BY STATE LAW; DECLARING SAME TO BE PUNISHABLE AS A MISDEMEANOR; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Mayor Christy called a brief recess so that the Council and audience could go outside the Community Center for a demonstration of both the champagne party popper and the smoke bomb. Meeting called back to order. Chief Baugh said that it was the opinion of the Fire Dept. that the Champagne Party Poppers were not hazardous and should be removed from the ordinance. Smoke bombs have caused fires and should be left into the ordinance. Councilman Wilbur motioned to adopt the ordinance, seconded by Councilman Ledbetter. There was a discussion concerning the party poppers. Councilman Wilbur amended his motion to delete the word Champagne Party Poppers from the ordinance, seconded by Councilman Pendleton. Upon roll call the amend- ment CARRIED 5-0. Upon roll call the original motion to adopt CARRIED 5-0. Mayor Christy opened the 'Public Hearing on Ordinance 81-0-42 an ordinance enacting burn control provisions. The City Manager informed the Council that the Dept. of Environmental Regulation and the Division of Forestry had signed an agreement which eliminates backyard burning in areas that have weekly rubbish pickup. Edgewater has weekly rubbish pickup and there- fore no local ordinance would do any good. The ordinance was withdrawn. APPROVAL OF MINUTES: Councilman Pendleton motioned to approve the minutes of the March 15, 1982 Council Meeting, seconded by Councilman Wilbur. Motion CARRIED 5-0. Council Meeting 4/5/82 - 2 - ~ ~ - u BILLS AND ACCOUNTS - There was a request to include a bill from the Fire Department for a new door in the amount of $59.25. Councilman Wilbur motioned to include this item in the bills and accounts, seconded by Councilman Ledbetter. Motion CARRIED 5-0. Councilman Wilbur motioned to pay the bills, seconded by Couricilman Pendleton. There was a lengthy discussion concerning the bills and a number of questions raised by Councilmen and the Mayor concerning specific bills. Councilman Pendleton requested that the City Manager report on the books, subscriptions and publications bills since there seemed to be a number of questions concerning these bills. Mayor Christy questioned the City Attorney on secretarial service charges. Mr. Henderson explained that certain monies had been appropriated for hospitalization insurance for a secretary in his office but subsequently this insurance was not approved. A considerable amount of work is done by his secretary for the City and the former City Attorney had requested the insurance in lieu of charging for secretarial services. Since the secretary_cannot receive this insurance there should be compensation for this service. The City Manager pointed out that the Legal budget is not overdrawn, there had been some erroneous charges made against that account but this has been corrected. One bill for $57.72 (Bureau Business Publications) could not be found and it was requested that this be deleted from the bills. Councilman Wilbur amended the motion to delete $57.72 from the bills and accounfs, seconded by Councilman Ledbetter. Motion CARRIED 5-0. Motion to pay the bills CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Mayor Christy requested that the item concerning the Barracuda Band and the Juvenile Detention Center be moved up on the agenda. The City Manager explained that a request had been made by the High School Band for a donation from the City to help with expenses for the trip to the World's Fair. Mr. Tuten, Band Director, spoke to the Council concerning the honor that had been given to the local band to appear at the World's Fair. He added that 42% of the band members lived in Edgewater. The members had all been working very hard to raise the money but they needed whatever help the City could give them. Mr~.Haughwout . also spoke to the Council concerning the various money raising projects that have been undertaken. Councilman Lodico indicated that he favored individual door to door collections rather than using taxpayer's money. Councilman Ledbetter motioned to grant $500.00 to the band, seconded by Councilman Pendleton. Motion CARRIED 4-1. Councilman Lodico voted NO. Councilman Lodico and Councilman Ledbetter both made personal donations to Mrs.Haughwout. The City Attorney pledged $50.00 adding that as a former band member he certainly envied the present band this wonderful opportunity. 3a The City Manager said that the Council had also received a request from the State Dept. of Health & Rehabilitative Services Volusia Regional Juvenile Detention Center for assistance in purchasing a cassette recorder. Councilman Ledbetter motioned to deny this request, seconded by Councilman Wilbur. Motion CARRIED 5-0. COMMUNICATIONS - City Attorney reported that there would be a union vote on April 7th at the Community Center. Also copies of the final draft of the proposed charter revisions would be available at City Hall for review and that members of the Charter Commission would be approaching various organizations within the City to discuss these revisions. The Attorney continued by informing the audience that Mr. Ken Sanborn had passed away and that Mr. Sanborn had always shown an interest in the dock areas belonging to the City specifically in keeping them in good repair. There may be monies forthcoming from his estate to help with this project. Council Meeting 4/5/82 - 3 - . , " w ~ u There was a discussion about grant money for recreational purposes. The City Manager will follow up on this. The City Manager reported that the City's financial standing is in excellent shape. Work is continuing on the Community Development Block Grant. Monies from this grant will have to be used for paving improve- ments in certain areas and cannot be used for Menard Beach. The Recreation Task Force has nearly completed its work and should have a report for the Council for the next meeting. Work is progressing on establishing a new voting precinct in the City. Renovation work is being done at City Hall. The Charter Review Commission hopes to bring their proposal to the Council in late April or early May and possibly to get it on the ballot in July. Teleprompter has indicated they plan to extend services into Florida Shores. Dan Nolan has been hired as City Planner to do technical reviews of site plans. Federal Revenue Sharing is guaranteed through Sept. 30, 1983 but after that additional funding is uncertain. New Smyrna Beach agreed to pay for half the miniature flags requested by the VFW. The City Manager informed the Council that there has been a request from Mr. Harold Breuilly to vacate an unused portion of Plaza Lane. Approximately 160 feet west of Hubbell St. has been disregarded and has not attained any status as a public thoroughfare. The area has been maintained by adjoining property owners. Councilman Ledbetter motioned to TABLE this request to the next meeting and have the City Attorney research the matter, seconded by Councilman Pendleton. Motion CARRIED 5-0. 3b UNFINISHED BUSINESS - The City Manager explained to the Council that negotiations had been carried out with Mr. Johnston, 122 Sanchez to accept part of the payment of a bill for $110.00 to correct a sewer blockage problem at his property. Councilman Ledbetter motioned to pay Mr. Johnston $50.00, seconded by Councilman Wilbur. Motion CARRIED 5-0. Road Assessment - The City Attorney explained to the Council the detailed procedure necessary to get started with the assessment project. The initial step must be the passage of a resolution declaring the intent of the Council to proceed with this project for paving certain roads in the Florida Shores area. The initial resolution will have to be published in its entirety and this will be followed by other resolutions setting public hearings, estimated assessment costs, etc. At the request of the Council, the City Attorney read Resolution 82-R-22 in its entirety. Resolution 82-R-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO SECTION 170.03, FLORIDA STATUTES, DECLARING SPECIAL ASSESSMENTS FOR THE PURPOSE OF CONSTRUCTION OF HARD SURFACE STREETS WITHIN THE CITY OF EDGEWATER, FLORIDA, DESIGNATING PINE TREE DRIVE, TRAVELERS PALM DRIVE, AND VISTA PALM DRIVE, OR PORTIONS THEREOF, AS THE STREETS TO BE SO IMPROVED, DESIGNATING THAT A PORTION OF THE EXPENSE OF THE IMPROVEMENT IS TO BE MADE BY SPECIAL ASSESSMENTS, DETERMINING THE MANNER IN WHICH THE ASSESSMENT SHALL BE MADE, DETERMINING WHEN ASSESSMENTS ARE TO BE PAID, DETERMINING THAT A PORTION IS TO BE PAID FROM THE GENERAL IMPROVEMENT FUND OF THE CITY OF EDGEWATER, FLORIDA, DESIGNATING THE LANDS TO WHICH THE SPECIAL ASSESSMENT SHALL BE LEVIED, INCORPORATING BY REFERENCE AN ASSESSMENT PLAT, DETERMINING A TOTAL ESTIMATED COSTS, AND PROVIDING THAT THE CITY CLERK SHALL PROVIDE NOTICE AS PROVIDED BY LAW, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur motioned to adopt the resolution, seconded by Councilman Pendleton. Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. The question of the appointment of a safety inspections officer was discussed. It was suggested that a representative of the Fire Dept. be 4a present to talk about this with the Council. This matter will be brought up at the next meeting. Council Meeting 4/5/82 - 4 - . ~ . . u ~ NEW BUSINESS- The City has prepared a tentative application to use the monies we are scheduled to receive from the Community Development Block Grant. As previously stated, the money cannot be used for Menard Beach so it has been suggested that the majority of the money be used for repaving certain areas of the City specifically Live Oak, Palmetto and Perdita, Mary, Jean, Alice and Lake Ave. Any leftover funds would be used for housing rehabilitation. If an applicant meets a low income criteria and there is a need for example of a new roof, then the applicant would request assistance. Council approval is needed for allocations of funds to pave the aforementioned streets. Councilman Lodico motioned to approve the paving using grant money as recommended, seconded by Councilman Wilbur. Motion CARRIED 5-0. The Council has received zoning requests from the CWW Construction Co. and also the Zoning Commission. CWW Construction requests a rezoning of a certain portion of land abutting Park Ave., from I-I and MH-l to R-4 for the construction of 35 multi-family rental apartments. In addition, the Zoning Commission has requested that the Council consider rezoning the property east of the CWW Construction property to Mango Tree Drive from I-I and MH-l to I-I. The City Attorney explained that the Council should consider this as two separate requests but that the public hearing should be set on the entire section if Council approves the rezoning requests so that there is no question of spot zoning. Mayor Christy pointed out that there seems to be an unusually large number of multi-family projects planned in the City and there is a good chance these could turn into slum areas. Mr. George Cook, representative of CWW, spoke to the Council and showed preliminary site plans for the proposed project. He informed the Council these would be rental units and would rent for approximately $215.00 and $225.00. Councilman Ledbetter motioned to TABLE this matter for further study. Motion died for a lack of a second. Councilman Lodico motioned to accept the Zoning Commission's recommenda- tion and grant the rezoning request from CWW to change I-I and MH-l to R-4, seconded by Councilman Wilbur. Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. 4b Councilman Wilbur motioned to accept the Zoning Commission's recommendation to change the land east of the CWW property from I-I and MH-1 to I-I and ask the Zoning Commission for a recommendation on land west of the property, seconded by Councilman Lodico. Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. The Council received a request from Hermosa Palms for an extension on the trailer permits. There was a lengthy discussion concerning the length of time the Council has given on the use of construction trailers as a temporary facility at the building site. Councilman Ledbetter motioned to allow a two month extension to May 31, 1982, seconded by Councilman Wilbur. Motion CARRIED 5-0. Mayor Christy requested financial assistance from the Council to go to Tallahassee to discuss the proposed Indian River Bridge and the additional sales tax proposal with the Governor's office. The Council did not grant this request. HOME OCCUPATIONAL LICENSES - (Mayor Christy turned over the chair to Vice Mayor Pendleton) Request for home occupational license from William Doran, 414 N. Ridgewood, zoned MH-IA for a painting business. There will be no storage at the property. Councilman Ledbetter motioned to grant the license, seconded by Councilman Wilbur. Motion CARRIED 4-0. Council Meeting 4/5/82 - 5 - " . " . , (..J u Mayor Christy resumed Chairmanship of the meeting. Request from Mrs. Barbara Newman, 16 Silver Circle, zoned R1, for a home occupational license to make craft items for sale. Councilman Wilbur motioned to grant the license, seconded by Councilman Ledbetter. Motion CARRIED 5-0. The City Manager requested that Council approve the use of Menard Beach for Easter Sunday sunrise service by the local church ministerial association. Councilman Wilbur motioned to grant this request, seconded by Councilman Lodico. Motion CARRIED 5-0. MISCELLANEOUS - Mr. Opal spoke to the Council concerning the appointment of the Civil Defense Director. The City Manager stated that Res. 81-R-74 dated Sept. 16, 1981 appointed Mr. Vandergrifft as Civil Defense Director and at the time of the budget hearings the sum of $100.00 per month for a total of $1200.00 was put in the budget specifically earmarked for the Director of Civil Defense. Mr. Opal also questioned certain expenditures and the hiring of the Planning Board Chairman to review site plans. 5a Mr. Walter Gross thanked the Council for their donation to the High School Band. He also questioned expenditures for books and whether or not there was an inventory on these books. Councilman Wilbur motioned to adjourn the meeting, seconded by Councilman Pendleton. Meeting was adjourned at 10:55 P.M. -~ ~ ~ P- r' J--'1 c , Minutes submitted by: Nancy Blazi ~ ~-I/ ~ayor cZe~~ ,uncilman /JJi!Jc;~1aJ;: Councilman " /" ATTEST: C~f/~< 1 EJ j~!Ie/( Councilman '-~ 7i Approved this / 9 ~ of _ April, 1982'~2- / o -~ ~J _ ?ujp Mayor ~ Council Meeting 4/5/82 - 6 - . ~ ' .~ . '- ~ , .. ",,~,-'" ~RM 4 9 MEMORANDUM OF VOTING CONFLICT; ---------..--._----.1_ DATE ON WHICH VOTE OCCURRED: :f/.2/~~ . 1:~ ~ PART A { Nom' - ~ Aid J 1.1 (" ~ hlL "7 T",phon,fa$!- '1n-n {.7 (LAst) (FIRST) ~ ~IDDLE) (A/C) lfUMBEI Address:-!'-9--n t7 !Z.AJ~^- {) -rC?~--__--.:__~~~-~-:'~_'~~d'5~ V~ I ~EET) .v=cr=-' ~-' (CITY) ~~ (ZIP CODE) (COUNTY) PART B Agency is a unit of [check one] : ( ) State of Florida; Name of Agency: CJ 7J d r .EdteCv/!-~r Position held in Agency: t:'OV"vCdM II A./" ( ~ounty, City or other Political Subdivision I I PART C I MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~ 112.3143 (1975)] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures j your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your intere, below. I 1. Description of the matter upon which you voted in your official capacity:_-Z.~/ A.--- -7 (f jfr~/9 c:: G o7~ ~If{/ I2lOc;; I1v<t::. Eofeh#~r-/ F//f 2. Description of the personal, private, or profeSSIOnal interest you have in the above matter which inures to your special private gain 0 the special private gain of any principal by whom you are retained: .____ ___.____ _____ _ I SH-/c~~ o4~.d~ilAJL~-/Le_4:~ /_kC_L-_____________ a/e. cj ~BcI ZdJ.JJLL:v-1-_~---...&_:_~_'f ~-L-D R- tf-- /10 ~SOIV It- ) G A-,'U____h______ ---. --- ---------- ----------------- ----------.--------------.------- -- --...------- .------ ----- --+ 3. Person or principal to whom the special gain described above will inure: J / a. ( ) Yourself b. (v1 Principal by whom you are retained:.J);fA/A~h&-~;:f'h.. (NAME) PART D FILING INSTRUCTIONS This memorandum must be filed wilh.n fifteen (15) d"ys lullcH'_!.": the .. l. "i ( "I." wI, '.'. tik v:;ti:1H conflict occurred with the person responsible for recordiny the rnilluh!s of the met!ti'l!J, wi -'. ,;ldl: i"'L.~rpul ,'I,: 1',-: 'i, 1" ,"IJliiO. ,.. Ill. rr"" 'lfl9 minutes. This form need not be filed merely to indicate the absen.:e ot a voting conf',ct F'(,llda l,lIIV pern,'I, ',,-1S ,. I "''''Iill' Yd'; I.:) abstain from voting when a conflict of interest arises; if you vote, however, the conflict Hlust be Jisclo.ed plHs"d!lt I" I',: 1_'.:Jirvnents .jescnbed above. PART E &-~.z~~---- ~4fZ- /96ATE SIGNED NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES S112.317 (19751. A FAILURE TO MAKE ANY REOUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLlOWIN .. IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALAHY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4 - EFF. 1/1/77