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06-07-1982 - Regular ~ r ~ . u u CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING and REGULAR MEETING June 7, 1982 Mayor Christy called the 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 The Invocation was given by Rev. Hardin. There was a salute to the Flag. PUBLIC HEARING Ordinance 82-0-16A. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, CHANGING THE OCCUPATIONAL LICENSE TAX SCHEDULE AS LISTED IN SECTION 11-8 OF THE EDGEWATER CODE OF ORDINANCES, PURSUANT TO SECTION 205.043, FLORIDA STATUTES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. There were no comments from the audience. Councilman Pendleton motioned to adopt this ordinance, seconded by Councilman Wilbur. Motion CARRIED 5-0. Ordinance 82-0-19. AN ORDINANCE AMENDING SECTION 11-2 OF THE EDGEWATER CODE OF ORDINANCES TO PROVIDE THAT THE BOARD OF ADJUSTMENTS SHALL CONSIDER ALL APPLICATIONS FOR HOME OCCUPATIONAL LICENSES INSTEAD OF THE CITY COUNCIL, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. There were no comments from the audience. Councilman Wilbur motioned to_adopt, seconded by Councilman Lodico. Councilman Ledbetter noted that the Council had always approved these licenses because they were responsible for the types of business in town. Councilman Pendleton spoke about the fact that the Council seems to ask the same questions and really doesn't have the opportunity to study these requests or to follow UP on the licenses approved for residential areas. Councilman Wilbur asked about the people present at this meeting for Home Occupational licenses and the effect the passage of this ordinance would have on issuing licenses to them. Councilman Pendleton motioned to amend the ordinance to be effective June 8, 1982, seconded by Councilman Wilbur. Amendment CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Motion to adopt CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. REGULAR MEETING Approval of Minutes - Councilman Pendleton motioned to approve the minutes of May 17, 1982, seconded by Councilman Wilbur. Motion CARRIED 5-0. Councilman Wilbur motioned to approve the minutes of May 19, 1982, seconded by Councilman Lodico. Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO due to absence. Councilman Wilbur motioned to approve the minutes of May 31, 1982, seconded by Councilman Ledbetter. Motion CARRIED 5-0. l \ . , u (..) BILLS AND ACCOUNTS - It was requested that the Council add two supplemental bills in the amount of $1,867.88. Councilman Ledbetter motioned to add the supplemental bills, seconded by Councilman Wilbur. Motion CARRIED 5-0. Councilman Pendleton motioned to pay the bills, seconded by Councilman Ledbetter. Mayor Christy questioned the purchase of a lawnmower by the Water Dept. Motion to pay CARRIED 4-1. Mayor Christy voted NO. CO~IDNICATIONS - City Attorney's report - Mr. Henderson informed the Council that his office is now fully computerized and in a position to prepare ordinances and revisions much faster and at less cost. He also informed the Council that he had received over 1000 signatures on a petition to qualify as a candidate for the State senate. He expects to submit a formal resignation as City Attorney at the next Council meeting. The City Manager summarized his report to the Council which listed most of the changes, improvements and ongoing projects since the Council- Manager system was established last year. Councilman Ledbetter asked about the pilot sewer program and whether or not there would be free service as well as installation. Our bond ordinance states there will be no free service. Mr. Mitchell said that there would be a charge for sewer service but not for impact or installation costs. during the experimental period. Home Occupational Licenses. Mr. Fracker had withdrawn his request. Mr. Fitzell was not present at the meeting. Councilman Pendleton motioned to TABLE permanently, seconded by Councilman Wilbur. Motion CARRIED 5-0. The Council considered a request for a Singing Telegram service located at 3127 Lime Tree Dr., zoned R2B. Ms. Gollegly, Ms. Wells and Ms. Reed spoke to the Council concerning this business. Councilman Wilbur motioned to grant the license, seconded by Councilman Pendleton. Motion CARRIED 5-0. Boards and Commissions. Councilman Wilbur motioned to accept the resignation of Pat Walker, Bd. of Adjustment, and Mr.. Dubyanq Mr. Zigmund Industrial Ed., with regret, seconded by Councilman Lodico. Motion CARRIED 5-0. Mr. Mitchell told the Council that Mr. Molster (Industrial Bd.) was now a member of the Planning Commission. Mr. Sawyer had not been attending Industrial Bd. meetings but would like a chance to stay on the board. Ib The City Clerk read two letters to the Mayor. One concerned the proposed bridge at the end of 442 from Sen. Chiles and the other concerned a survey on energy usage by the Governor's office. This was for Council information. ORDINANCES AND RESOLUTIONS - 82-0-20 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA AMENDING ORDINANCE 82-0-18A, WHICH CALLED FOR A SPECIAL ELECTION FOR THE SUBMISSION OF THREE QUESTIONS TO THE ELECTORS OF THE CITY OF EDGEWATER, FLORIDA, RELATING TO A NEW HOME RULE CHARTER, TOGETHER WITH TWO PROPOSED OPTIONS, BY AMENDING SAID ORDINANCE TO INCLUDE OPTION B WITHIN THE BODY OF THE PROPOSED HOME RULE CHARTER, FURTHER PROVIDING THAT OPTION A SHALL BE A SEPARATE QUESTION UPON THE BALLOT; FURTHER PROVIDING FOR THE AMENDMENT OF QUESTIONS UPON THE BALLOT TO REFLECT SAID CHANGES; FURTHER PROVIDING FOR THE INCLUSION OF THE CHANGES WITHIN THE TEXT OF THE PROPOSED CHARTER; CALLING FOR A SPECIAL ELECTION ON JULY 13, 1982, REPEALING ALL ORDINANCES IN CONFLICT HERE WITH, AND PROVIDING AN EFFECTIVE DATE. The City Attorney explained the problem encountered with mechanical machines in regard to the two options. After consultation with the Supervisor of Elections, it was determined that to use machines for the Special Election, it would be necessary to reword the ballot ques- tions so that both questions could be answered Yes and No. The original question with two options would have to go to a paper ballot. CouncilMeeting 6/7/82 - 2 - ~ u Councilman Wilbur motioned to adopt the Ordinance, seconded by Councilman Lodico. The vote was 3-2. Councilman Ledbetter and Mayor Christy voted NO. City Attorney Henderson said that the motion had failed. The ordinance was to be adopted on an emergency basis and it needs a 4/5ths vote. Councilman Pendleton motioned to waive the second reading and adopt on an emergency basis, seconded by Councilman Wilbur. There was a discussion concerning the necessity to pass this on an emergency basis so that the changes in the ballot questions could be advertised according to law. Upon roll call the vote was 3-2. Councilman Ledbetter and Mayor Christy voted NO. The motion to adopt DID NOT CARRYon an emergency basis. The City Attorney reminded the Council that they had already approved the special election. The reason for this amending ordinance was to change the ballot questions so that a machine vote could be taken rather than a paper ballot. Mayor Christy called a 10 minute recess. 2A Meeting called back to order. Mayor Christy suggested that the Council may wish to reconsider the vote. Councilman Pendleton said he would like to call for a Public Hearing on 82-0-20 at this time. Mayor Christy said that he was against the paper ballot and instead of having a Public Hearing he would change his vote to yes. The City Attorney told the Council that the proposal does not change the powers and duties of the Mayor. This proposed amendment incorporates the present ~ystem for the election of the Mayor and Council into the proposed Home Rule Charter. The voters have two clear choices to adopt the Home Rule Charter or defeat it and to decide whether or not the means for selection of the Mayor and Council should be changed. Councilman Lodico motioned to reconsider the motion to adopt Ord. 82-0-20, seconded by Councilman Pendleton. Mr. Walter Gross told the Council that the way the questions are worded, if he votes no to the Charter he would also be voting no to the Mayor and 4 Councilmen. Mayor Christy questioned the City Attorney concerning a no vote to both questions and whether or not we would revert back to the original charter. The City Attorney answered that if both questions were voted no we would be under the present system which is effectively no charter at all. Mayor Christy said that 166.021 states that the Home{Rule does not change any special law and our charter of 1963 is completely written from special laws. The City Attorney said that the Home Rule Act of 1973 specifically provides that with the exception of those certain paragraphs adopted by referendum since 1973 or effecting the creation of the City Council, distribution of powers, appointment of boards and rights of employees all other limitations of power contained in any municipal charter enacted or adopted prior to July 1, 1973 is nullified and repealed. After further discussion con- cerning : the present system and the proposed charter, the City Attorney said that if both questions are defeated then things remain as they are today. Upon roll call the motion to reconsider the adoption of Ord. 82-0-20 CARRIED 4-1. Councilman Ledbetter voted NO. Councilman Pendleton motioned to adopt 82-0-20 on an emergency basis, seconded by Councilman Lodico. Motion CARRIED 4-1. Councilman Ledbetter voted NO. Council Meeting June 7, 1982 - 3 - ~ ~ Ordinance 82-0-21 - AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA AMENDING THE OFFICIAL ZONING MAP TO CHANGE THE EXISTING I-I AND MH-l ZONING OF A CERTAIN PARCEL OF PROPERTY BOUNDED ON TH~ NORTH BY PARK AVENUE, BOUNDED ON THE SOUTH BY THE CORPORATE LIMITS OF THE MUNICIPALITY, BOUNDED ON THE EAST BY MANGO TREE DRIVE, AND BOUNDED ON THE WEST BY WILDWOOD SUBDIVISION TO I-I, R-4 AND B-2; DIRECTING THAT THE OFFICIAL ZONING MAP SHALL BE AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico motioned to adopt the ordinance, seconded by Council- man Pendleton. ' Councilman Pendleton said that he would like to see the entire area zoned B-2. Councilman Wilbur noted that the property owner requesting an R-4 zoning could put in multi-family in the B-2 area. Councilman Pendleton motioned to amend the ordinance to change the entire zoning to B-2, seconded by Councilman Wilbur. Motion CARRIED 5-0. There was a question concerning the definition of B-2. This is a neighborhood business district. Motion to adopt Ordinance 82-0-21 CARRIED 5-0. Ordinance 82-0-22 - AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 19-41 OF THE EDGEWATER CODE OF ORDINANCES TO PROVIDE FOR AN INCREASE IN DEVELOPMENT FEES CHARGED TO NEW USERS OF THE WATER AND WASTE WATER SYSTEM FROM $200.00 to $400.00 for Water and $400.00 FOR SEWERAGE, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. ~ . v Councilman Ledbetter questioned whether or not the exemptions for present home owners who hook up to the system will be included in this new ordinance. The City Attorney said that the exemption was in Sect. 19-42 of the Code and would not be changed by this ordinance. Mayor Christy suggested that the exemption date might be changed to include present home owners that may have to hook up to the system sometime in the future. It may be another ten years before some of the present home owners get utilities. Councilman Wilbur motioned to TABLE this ordinance for a workshop meeting, seconded by Councilman Lodico. The Council agreed on June 17, 1982 at 7:00 P.M. Motion CARRIED 5-0. Resolution 82-R-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURUSANT TO FL. STAT. s 170.77 TO PUBLISH THE ASSESSMENT ROLL MADE IN ACCORDANCE WITH FL. STAT. s170.06 DECLARING ASSESSMENTS UPON ALL LANDS ABUTTING CERTAIN ROADS WITHIN THE FLORIDA SHORES SUBDIVISION FOR PAVING AND IMPROVING SAID ROADS; DESIGNATING A TIME AND PLACE FOR THE REQUIRED PUBLIC HEARING; REQUIRING NOTICE TO BE PUBLISHED AS REQUIRED BY LAW; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. The City Attorney informed the Council that they needed to set a date for the Public Hearing. Councilman Wilbur motioned to have a Public Hearing on July 12, 1982 at 7:00 P.M., seconded by Councilman Pendleton. Motion CARRIED 5-0. Councilman Wilbur motioned to adopt the resolution, seconded by Councilman Pendleton. Motion CARRIED 5-0. Council Meeting June 7, 1982 - 4 - ~ u Resolution 82-R-33 - Appointing members to the Industrial Board. Mr. Mitchell informed the Council that there were only three vacancies on this board. Mr. Sawyer, who had not been attending the meetings, had stated he would like to remain on the board and would attend all meetings in the future. Therefore, the Council needed to replace Mr. Duby, Mr. Zigmund and Mr. MoIster (Mr. MoIster had been appointed to the Planning Commission) . The following people were nominated for appointment to the Industrial Board: Mrs. Joan Kane, Mr. Sebastian Siciliano, Mrs. Carol Middleton, Mr. Terry Edgell and Mr. Robert Bates. (Councilman Lodico left the meeting) Councilman Pendleton motioned to close nominations, seconded by Councilman Wilbur. Mrs. Kane was appointed 4-0. Mr. Siciliano was appointed 3-1 (Council- man Wilbur voted NO) Mrs. Middleton was appointed 3-1 (Councilman Pendleton voted NO). Mr. Edgell's name was withdrawu. (Councilman Lodico returned to the meeting.) The City Attorney read Resolution 82-R-33 - A RESOLUTION APPOINTING THREE MEMBERS TO THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA, TO FILL UNEXPIRED TERMS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Pendleton motioned to adopt the resolution, seconded by Councilman Wilbur. Motion CARRIED 5-0. Resolution 82-R-34- Appointing a member to the Board of Adjustment. The following names were nominated for appointment to the Board of Adjustment: Robert Garthwaite and George Sheppard. Councilman Ledbetter moved to close the nominations, seconded by Councilman Wilbur. Mr. Garthwaite was appointed to the Board of Adjustment 3-2. Councilman Lodico and Councilman Wilbur voted NO. The City Attorney read Resolution 82-R-34 - A RESOLUTION APPOINTING ONE MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF EDGEWATER, FLORIDA, TO FILL AN UNEXPIRED TERM; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter motioned to adopt the resolution, seconded by Councilman Pendleton. Motion CARRIED 5-0. The City Manager requested that the Council consider 82-R-25 - Appoint- ments to the Merit Board. There are three vacancies on that board. The following names were nominated as appointments to the board: Mr. Robert Bates, Mr. Terry Edgell and Mrs. Betty Billups. Councilman Lodico moved to close the nominations, seconded by Councilman Ledbetter. Resolution 82-R-25 A RESOLUTION APPOINTING THREE MEMBERS TO THE MERIT BOARD OF THE CITY OF EDGEWATER, FLORIDA, FOR A TERM OF OFFICE OF THREE YEARS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter motioned to adopt the resolution, seconded by Councilman Pendleton. Motion CARRIED 5-0. 'J.Ct . UNFINISHED BDSINESS - Mr. Mitchell requested that the letter from the Building Code Board be TABLED since there were no members of the board present to discuss their recommendations. Report on Wildwood Drainage - The City Manager read his report to the Council concerning drainage problems in Wildwood. After review by the City Engineers, City Manager, City Attorney and staff members, certain corrective measures were recommended as follows: (1) an ordinance amendment requiring a driveway permit - which would eliminate the problems of driveways obstructing the flow of water in the future. Some of the present driveways will have to be replaced. (2) easements will be obtained so that canals can be cleaned. Some vegetation is needed on the slopes of the canals to prevent erosion. (3) a survey will be made to determine elevations to correct swale problems and builders will be notified with an estimate of corrective work. - CoumG;il Meeting June 7, 1982 - 5 - v u (4) backyard ponding was caused by uncoordinated grading. There have been offers from the developer to correct the few conditions where ponding exists. The City Manager requested Council authority to proceed with the initial steps to correct the drainage problem in Wildwood Subdivision. The City Attorney said that he has reviewed this problem with the engineers, the developer,abutting property owners and the attorney _for the developer. We are in the process of obtaining easements for the maintenance of the canals and are taking corrective steps in regard tothe deed restrictions to guarantee that the swale patterns and drive- ways be subject to City approval. The legal department recommends an ordinance pertinent to driveways. The question of liability is still being pursued with individual builders. Councilman Lodico motioned to authorize procedure with the recommenda- tions on page 3 of the City Manager's memorandum dated May 27, 1982, seconded by Councilman Wilbur. Mayor Christy questioned whether or not this would be enough help to the present property owners. Mr. Rosa, representing Wildwood property owners, told the Council that he believes the City is making a very good beginning to solve this problem. There is still some concern about the flow of water from property located in the county that abuts Wildwood. The City engineers will study this problem. Motion CARRIED 5-0. NEW BUSINESS - Survey Costs: The City Manager informed the Council that the survey for the Menard-May Park exceeded the amount which can be contracted for without councilmanic approval. The total cost was $1,774.13. Council approval is needed for~amoants:_over _$l~QOO.OO. Councilman Pendleton motioned to approve this expenditure, seconded by Councilman Wilbur. Motion CARRIED 5-0. 3b The City Attorney told the Council that the City has received a decision on an investigation of Mr. Earl Wallace, :Jr., former member of the Edgewater Zoning and Planning Commission, by the State Commission on Ethics. The Commission has found Mr. Wallace in violation and recommended a civil penalty of one hundred dollars. Councilman Pendleton motioned to approve the findings of the Ethics Commission and impose the civil penalty as recommended, seconded by Councilman Ledbetter. Motion CARRIED 4-1. Councilman Wilbur voted NO. The City Manager has recommended adjustments to the Federal Revenue Sharing budget. He requested Council approval of this adjustment. Councilman Wilbur motioned to approve these adjustments, seconded by Councilman Pendleton. Motion CARRIED 4-1. Mayor Christy voted NO. Councilman Wilbur spoke to the Council regarding the Teleprompter services in the City. This organization has not lived up to its promises. We were told that the service would be extended into Florida Shores and nothing has been done about this up to now. The City Manager noted that the company has a 100 ft. limit in their contract which means they do not hook up beyond this limit without additional charges to the customer. We have also had complaints about the service and there is a question about charge and rate control. The City Manager will prepare a report for the Council with recommendations for improvements in the service and possible changes in the contract. The City Attorney will also review the contract. Mayor Christy read a letter he had received from a property owner in Wildwood asking for assurances that when Mr. Reilly's drainage problem is corrected it will not add to the problem they have in their back yard. Mr. Mitchell said that he had a list of the various properties that had drainage problems and this will be part of the study that is being done on the subdivision. Mayor Christy told the Council he had received a copy of a Transportation Study for the Handicapped. This will be available at City Hall for anyone to review. Council Meeting June 7, 1982 - 6 - ".." . \.J v ""'""""'" Councilman Ledbetter asked about the status of the Hermosa Palms multi-family project. Mr. Mitchell told the Council that a permit had been taken out for a clubhouse on the property and Th~y should be taking out a permit on the first twenty units in the next couple of weeks. ~UDTRNrR .MTSCR~GANEOUS - Mr. Montesano asked about plans for the development of Wildwood. Mayor Christy said they were supposed to be in the Planning Dept. and should be available for anyone to look at. Mrs. Murphy asked about the possibility of holding ponds in the Wild- wood Subdivision to help correct the drainage problems. The City Attorney replied that at the time Wildwood was developed, the City did not have ordinances to cover special drainage regulations. Councilman Wilbur motioned to adjourn the meeting, seconded by Council- man Pendleton. Meeting was adjourned at 9:55 P.M. Minutes submitted by: Nancy Blazi ~ < '--- Mayor ~~ .~/ ;/ pnciiman l/ ) - ;.- -" ,., - , .. Councilman ATTEST: /rA-?{-<pi ~ ~ . City Cle -'J~ ~~~~~V~~8~~iS~~.df ~k/ :;V:~.Z;c~~ Mayor ~ Council Meeting June 7, 1982 - 7 - ~ j/ r 'Zr5~ ~.J ~ ~