Loading...
09-12-1977 - Public Hearing/Regular r' u u CITY COUNCIL OF THE CITY OF EDGEWATER PUBLIC HEARING HELD September 12, 1977 Acting Mayor Dietz called the Public Hearing of the City Council of the City of Edgewater, Florida to order September 12, 1977 at 7:00 P.M. ROLL CALL: Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman Carl Shell Councilman Walter B. Sikes Vice Mayor Calvin R. Dietz City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Excused Present Excused Present Present Present Present Present Vice Mayor Dietz stated that this is the first Public Hearing and it is for the purpose of adding R-2A to the Zoning Classification. He stated that on August 11th the Edgewater Planning Board and the Edgewater Zoning Board met and agreed that there should be a change in the classification of the Frank Hall Wildwood Development. This was a piece of property that we annexed into the City. This classification will just be an addition to the classifications that already exist. He read the recommendation from the boards. He asked if any of the Council members have anything to say on this matter. There being no comments, he asked the audience for any input. There were also no comments. Councilman Sikes stated that this will be the first R-2A zoning in any area that we have and the entire subdivision will qualify for this, so at any other time that we have a request for the R-2A zoning it will have to be in the de- veloping of a subdivision. Vice Mayor Dietz stated that this is exactly right. Since there were no further comments, Vice Mayor Dietz stated that we will go on to the next item; the General Fund and Water & Sewer budgets. The City Clerk read the anticipated budgets for next year, beginning with the General Fund. Vice Mayor Dietz asked if there are any questions on the anticipated revenue for the General Fund? There were none. The City Clerk read the anticipated budget expenses for the General Fund account. Mr. Frank Opal asked a question about the Non-Departmental account. Vice Mayor Dietz explained that this was done a little differently this year, because we have added telephone and xerox expenses in this account and also there are funds in there for retirement benefits and emergency and contingency. This is why this has jumped up so much this year. He explained that the changes were made to save some of the bookkeeping. Councilman Sikes explained that part of this is emergency and contingency which has gone up because we have not allowed for equipment and such items in the various departments. He went on to add that in the event we feel the need to purchase any equipment or such we could take it out of the Emergency and Contin- gency fund. This plus the retirement is the only thing, different in this account. o Q Mr. Opal stated that this is just a munipulation of the funds into one account to make the other accounts look smaller. There was some controversy between Mr. Opal and Vice Mayor Dietz. Vice Mayor Dietz stated that if he does not get quiet he will have him removed from the room. He stated that he was trying to answer the question. He went on to explain that the Council has had professional advice from May, lima and Company; what we are trying to do is simplify the bookkeeping in the City so we don't have to keep hiring more people to keep the books. He went on to explain that the items like retirement can not be charged to each department, the only place that we can put it was in Emergency and Contingency. He stated that we are trying to cut the expenses for the people of Edgewater and without raising their taxes. Councilman Sikes stated that taxes might go up, however it will be because of the County, because ours is a lower millage. Councilman Dietz explained further about the budget, and stated that it is impossible to sit down and figure out what department made which phone calls. Mr. Opal stated that this is a ratical change. Vice Mayor Dietz stated that we will accept the budget as read by the City Clerk and now we will go on to the Water and Sewer. The City Clerk read the anticipated revenue, and the anticipated budget expenses. Vice Mayor Dietz asked if there are any questions. Mr. Opal asked for a break down of the figure in Operation and Maintenance. The City Clerk read the break down of the figures to the audience. Mr. Opal asked a question about the salaries and the employees in the Water and Sewer Department? Vice Mayor Dietz answered his questions, explaining that we have to have the Class C operators at the plants. There was discussion between Mr. Opal and Vice Mayor Dietz in regard to the supervisors and employees in the Water and Sewer Department. Vice Mayor Dietz asked if there were any further questions? There being none, he stated that the Public Hearing is closed. Vice Mayor Dietz called the regular meeting of the City Council of the City of Edgewater to order. ROLL CALL: Vice Mayor Calvin R. Dietz Councilwoman Ryta F. Webber Councilman Carl Shell Councilman Walter B. Sikes Mayor Dana T. Armstrong City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Excused Present Excused Present Present Present INVOCATION: SALUTE TO FLAG: -2- ~" () Q APPROVAL OF MINUTES: Vice Mayor Dietz suggested that all of the minutes be tabled until our next regular meeting so that we may have a full Council and so that all of the Council members will have a chance to look them over. Councilwoman Webber made a motion to table all of the minutes, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 3-0. BILLS AND ACCOUNTS: Vice Mayor Dietz asked if there is a motion to pay the bills in the General Fund account? Councilwoman Webber made a motion to pay the bills, being seconded by Councilman Sikes. There were some questions answered about these bills. Upon roll call vote said motion CARRIED, 3-0. Councilman Sikes made a motion that we pay the bills in Federal Revenue, totaling $16,886.03, being seconded by Councilwoman Webber. There were a few questions answered about these bills. Upon roll call vote said motion CARRIED, 3-0. Councilwoman Webber made a motion to pay the bills in the Water & Sewer account, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 3-0. Councilman Sikes made a motion to pay the bills in the Capital Improvement fund, being seconded by Councilwoman Webber. Councilman Dietz answered a few questions in regard to these bills. Upon roll call vote said motion CARRIED, 3-0 Councilwoman Webber made a motion to pay the Petty Cash bills, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 3-0. COMMUNICATIONS: The City Clerk read the report from the Building Official, and stated that the bill from him is in the amount of $1,821.61. Councilwoman Webber made a motion to pay the bill, being seconded by Councilman Sikes. There was a question about the contract change with Mr. Murphy in regard to the percentage that he is receiving. Councilman Dietz explained that under the old contract that we had with Mr. Murphy he is to receive 65% of all the collections made on building permits, in the 1977- 78 budget he will only be paid 50%. The 15% will be used to pay for his office expenses and the other items in connection with the cost of his business. Upon roll call vote on the motion to pay the bill, said motion CARRIED, 3-0. The City Clerk read a letter from Attorney Hall in regard to a recent request from Mr. Fico wanting to keep his bar open until 4:00 A.M. He stated that this request is being withdrawn until after the forthcoming election, in order that it not become an issue during the election. -3- o o The City Clerk explained the contents of the next letter from the Vol usia County Drug Council, Inc. They are aSking each community to assist in matching funds for Drug Abuse Control. Councilman Dietz suggested that this been turned over to the Chief of Police for his recommendation to be made to the Council. This was agreed upon. The City Clerk read a letter from Mr. Clifford I. Denton resigning from the Edgewater Planning Board. Councilman Sikes made a motion that we accept this resignation and that we write him a letter showing our appreciation of his services, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 3-0. The City Clerk read an invitation from the Edgewater Public School requesting the Council's presence at their dedication and open house on September 18th at 2:30 P.M. She stated that the Council should let her know who is going to attend so that she can let them know by the 15th. The City Clerk read a letter from the Florida Shores Property Owners in regard to Ordinance No. 611 being enforced. This is in regard to the Garbage and Trash containers remaining at the side of the roads within the City, and causing a health hazard. They would like some action taken. Councilman Dietz stated that he attended the Florida Shores Property Owners' meeting when this was discussed and he checked with the Chief of Police about it. He asked the Chief how he handles this? Chief Baugh stated that whenever we people to take the garbage cans in. given the notice to the people that not taken care of. get a complaint we go out and request the He stated that he has gone himself and they will have to go to court if this is Councilman Sikes stated that we are not as pleased with this as we were when we had our own men picking up the garbage, however he understood that anytime the garbage is not being picked up the calls would go to the Police Department and they would radio the messages to the garbage trucks. Is this working out? Councilman Dietz explained that what this is about is the empty cans staying out at the streets after the garbage has been picked up. He asked if there were any comments from the audience about this. There was a comment from one lady in regard to the condition of Royal Palm. She said that she has reported this. Chief Baugh stated that he has spoke to these people and has given them a warning. He explained that in order to issue a citation he will have to have a signed complaint. There was a complaint about the dogs wandering the streets. It was explained that these complaints should be called into the Police Department. There was more discussion about the garbage pick up. Councilman Dietz explained that we are trying to do everything we can, and we are fining them and will continue to do so until we feel that they are standing up to the contract. The City Clerk read a meeting notice of a VCOG meeting to be held Wednesday, September 14 at 3:30 P.M. in Daytona Beach. She stated that the Council re- ceived copies of this notice, with copies of minutes and a Resolution. Councilman Dietz asked Councilwoman Webber if she could attend this meeting in the event that the Mayor doesn't get back. Councilwoman Webber stated yes. -4- o o Councilman Sikes made amotion that the Mayor and Mrs. Webber attend the VCOG meeting September 14 at 3:30, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 3-0. The City Clerk read a letter from Katherine S. Odham, Supervisor of Elections in regard to a workshop for Supervisors of Elections, City Clerks and staff members. Councilman Dietz stated that he entertains a motion to send the City Clerk to this. Councilwoman Webber stated that she so moves, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 3-0. The City Clerk read a recommendation from the Zoning Board in regard to adding Duplex to the R-4 Zoning Multi-Family District. The dimensional re- quirements were detailed in the letter. Councilman Dietz stated that he feels that this should be tabled in order to give the Council time to study it, and set a Public Hearing date for it. Councilwoman Webber made a motion to table this, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 3-0. The City Clerk stated that the next item is an invitation to her from the Daytona Beach Area Chapter National Association of Accountants to a dinner meeting to be held September 21, 1977, about the financial crises suffered by the City of New York. There was no action taken taken on this. The Council has a meetin9 with the Police Department the same night. The City Clerk read a letter from Lewis Lupinek in regard to his appointment on the Board of Adjustments running out. Also is a note from Mr. Millard stating that they wish Mr. Lupinek to be reappointed. Councilman Dietz stated that he feels that this should be done at a meeting with a full Council. Councilman Sikes stated that this has to be done by a Resolution, so he is making a motion that we instruct our attorney to draw up the Resolution re- appointing Mr. Lupinek for a three year term to the Board of Adjustments, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 3-0. The City Clerk read a letter from Maule Industries in regard to returning the pipe that was picked up from them. Councilman Sikes stated that the City crew took one load of pipe back and were asked why we were returning it, saying that we could have it. He sug- gested that this be tabled until we get a chance to contact Mr. Riggs and see who he had talked to back then, and also the Mayor may know something on this. He feels that if they want the pipe back, they can come and get it. He made a motion that we table this until our next regular meeting and have a report back from the City Clerk in regard to this, being seconded by Council- woman Webber. Upon roll call vote said motion CARRIED, 3-0. AUDIENCE MISCELLANEOUS: Mr. E. Filas spoke to the Council that he lives behind Tommy's Lounge. His fence has been torn down twice now. (This man was very hard to understand on tape) He mentioned the noise from the lounge. Chief Baugh stated that they have been out to investigate the fence problem, and they have no idea who did it. We have also talked with Tommy about the band. One band was gotten rid of because it was so loud. -5- o o There was more discussion about this, Chief Baugh explained that most of the noise occurs after closing hours, and he has an officer go through the parking lot right after the lounge closes, but he does not have a man to post there. Councilman Dietz stated that we should leave this up to the Chief to take care of. Mrs. Scharf of Monson Drive spoke to the Council about the liquor stores being allowed to stay open until 4:00. Councilman Dietz again explained that this was just a request from Tommy's Lounge, and it was withdrawn at the first of the meeting. Mr. W.C. McIntire stated that he came to the teenth Street between Dayton & High. He was permit that they would improve this street. worked on. Council before about fixing Six- told that if he got the building He said that he would like this Councilman Sikes stated that he thought there was some question about who owned that. There was more discussion about this. It was decided to refer this to Council- man Shell when he comes back. Mr. Kaye, 1927 Pine Tree Drive spoke to the Council about the newly installed water lines on 20th Street with the shut off valve. He stated that top of this valve does not want to stay on, and it is very dangerous. Councilman Dietz stated that he will have this checked out in the morning. At this time there was a five minute recess called. RESOLUTIONS: RES. NO. 730 A RESOLUTION ADOPTING A CERTIFIED MILLAGE RATE OF 5.678 MILLS PER $1,000.00 FOR THE CITY OF EDGEWATER, FLORIDA, FOR THE YEAR 1977, REPEALING ALL RESOLU- TIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Woods read this Resolution in full. Councilman Sikes made a motion to adopt this Resolution, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 3-0. RES. NO. 731 A RESOLUTION APPOINTING CORNELIA A. KINSEY AS DEPUTY CITY CLERK FOR THE CITY OF EDGEWATER, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read this Resolution in full. Councilman Sikes made a motion to adopt this Resolution, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 3-0. Councilman Dietz stated that Betty Crouser was hired by Ordinance, and he asked Attorney Woods if we have to type up another Ordinance rescinding that one? Attorney Woods stated that he sees no need in doing this, she submitted her resignation to this Council, and that resignation takes effect on a certain date. ORDINANCES: ORD. NO. 986 AN ORDINANCE AMENDING ORDINANCE 880 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA TO ADD AN ADDITIONAL CLASSIFICATION TO THE PERMITTED USES IN THE B-3 HIGHWAY SERVICE BUSINESS DISTRICT ZONE IN THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EF- FECTIVE DATE. -6- o o Attorney Woods read the second reading of this Ordinance by title only. Councilman Sikes made a motion to adopt the second reading of this Ordinance, there being no second to the motion Councilman Dietz stated that we will have to hold this Ordinance and readvertise it for second reading. Councilman Sikes questioned the attorney about this. He stated that he wondered if it could just be tabled until next week, so that the Council would not have to go to the expense of paying to have it advertised again. It was explained that this will have to be advertised for second reading the date that the reading will occur. It was also explained that this will now come up for second reading September 26th. ORD. NO. 987 AN ORDINANCE SETTING A TENATIVE BUDGET AND APPROPRIATING REVENUES TO BE COLLECTED FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 1978, TO THE VARIOUS ITEMS OF THE CITY BUDGET, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read the first reading of this Ordinance in full. Councilwoman Webber made a motion to adopt this Ordinance, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 3-0. ORD.NO. 988 AN ORDINANCE APPROPRIATING REVENUE TO BE COLLECTED FOR THE WATERWORKS AND SEWER SYSTEM OF THE CITY OF EDGEWATER, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1,1977 AND ENDING SEPTEMBER 30, 1978 TO THE VARIOUS ITEMS OF THE WATERWORKS & SEWER SYSTEM BUDGET, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read the first reading of this Ordinance in full. Councilman Sikes made a motion to adopt this Ordinance, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 3-0. OLD BUSINESS: The City Clerk stated that the Briley, Wild bill is the one that the Council wanted copies of and brought back to a meeting. Councilwoman Webber stated that she has the same complaint about these bills. She doesn't see how all of these people do this work. The breakdown on this bill was checked over by the Council and discussed. Councilman Sikes made a motion to pay the bill, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 3-0. Councilman Dietz stated that he has checked over these bills very carefully, and according to the contract there is nothing wrong with them, however he does agree with Mrs. Webber about them. The City Clerk read a letter in regard to an E.D.A. grant offer. The dead- line for applying for this is September 16th. She explained that if the Council wants to apply for this money they will have to make a motion to have this signed so that she can get it back in the mail. Councilwoman Webber stated that she so moves, being seconded by Councilman Sikes. Councilman Sikes asked Attorney Woods if in the event the Mayor does not get back in town, is it automatically assumed that Mr. Dietz can sign this as Vice Mayor? Attorney Wbods stated that the responsibility of the Vice Mayor is to act in the absence of the Mayor. -7 - o o Councilman Dietz stated that there is going to be a pre-construction type of meeting this Wednesday, that the City Clerk and the engineers have to attend, and the City Clerk has asked him to attend with her. He would like authorization from the Council to attend. Upon roll call vote on the previous motion, said motion CARRIED.3-0. Councilman Sikes made a motion that Councilman Dietz and Mrs. Blackwell attend the meeting in Deland with the engineers pertaining to the E.D.A. grant, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 3-0. The City Clerk read a letter from Edgar M. Dunn in regard to the Cable TV Ordinance. Councilman Dietz spoke on this, stating that he does not know if we will be right to go along with this. He would suggest that we table this and let our attorney study it. Councilman Sikes made a motion to table this until a later date for our attorney to report back to us on, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 3-0. Chief Baugh was given the floor to discuss the Metz parking problem. He said that the parking places that they are wanting to eliminate will be no problem and he recommends that we go ahead and go along with the D.O.T. on this. He showed the Council on the map what spaces they are talking about. Councilman Sikes made a motion that we authorize our attorney to draw up a Resolution pertaining to the D.O.T. marking certain areas on U.S.l as no parking, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 3-0. NEW BUSINESS: The City Clerk stated that Mr. DeMatthews has rented one of the Mini warehouses which is zoned B-1. Going through the Ordinance, there is no place in that zoning for contractors of any sort. He probably could qualify out of his home for a license, but he has already rented a place here. Mr. DeMatthews spoke to the Council about this, explaining that he is trying to abide by the license law of the City. There was discussion with the Attorney about this. He stated that technically he should apply to the City Zoning and Planning Board in regard to this. Mr. DeMatthews explained that he was told in City Hall that the Mayor would not sign his application until it came before the Council. Attorney Woods recommended that this go to the Zoning Board to get a recommendation back to the City Council for a special exception. The City Clerk explained that although the Zoning Board meets tomorrow night, they will not handle this until October 4 at their regular meeting. Councilman Sikes stated that we should tell the board that we need an opinion on this tomorrow night. There was more discussion about this and the permitted uses allowed in this zone. After looking over the uses in the Ordinance, Attorney Woods recommended to the Council that they go ahead and grant the license. Councilman Sikes made a motion that the Clerk be authorized to issue a license to Dewitt DeMatthews Plastering, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 3-0. -8- o o Tape 3B Councilman Dietz stated that we have the Meridith Corporation's bill on the well. He suggested that this be tabled until we get Briley, Wild to check up on this and give us authorization to pay the bill. Councilman Sikes made a motion that we table the payment of the bill from Meridith Corporation until a later date, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 3-0. The next item is the McMahan Construction bill. The City Clerk read this bill to the Council. Councilman Dietz suggested that this also be tabled until next week when Mr. Fernandez will be here so we can get some answers from him. Councilwoman Webber stated that she so moves, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 3-0. The next item of business is to appoint someone to the Board of Governors. Councilman Sikes stated that Harold Brown, Jr. owns a home in Florida Shores and works for his father. He would serve on the board if we wish to appoint him. Councilman Sikes made a motion that our attorney prepare a Resolution appointing Harld G. Brown, Jr. to the Board of Governors, being seconded by Councilwoman Webber. Councilman Dietz asked about a time limit on this appointment. Councilman Sikes stated that the term should end in October of 1978. Upon roll call vote on the previous motion, said motion CARRIED, 3-0. Councilwoman Webber reported on the Tax District, Fire Protection. She explained that when she first became the coordinator of the Fire Department she spoke to the County Fire Chief about the possibility of starting a tax district for the area south of Edgewater, north of Oak Hill and west to 1-95. She said that finally this year they agreed about such a district. She ex- plained that they are very interested in developing a tax district whereby they will tax the people, the revenue will be paid to the City of Edgewater and also for any equipment that we have to have to use outside the City limits, the County will pay for it. She still has to speak to the Fire Chief and Mr. Keller again on this. Councilman Dietz stated that this looks like a real good deal and Mrs. Webber should be commended on it. There was some question from the audience about the way this has been handled. Councilman Dietz explained that Mrs. Webber has just been laying the ground work for the Council, and the final decision will be up to the Council. Councilwoman Webber spoke to the Council about hiring a dog catcher under the CETA program. There was discussion about the Humane Society. It was decided that Mrs. Webber get together with the Chief of Police and that they make a recommendation to the Council next week on this. MISCELLANEOUS: Councilman Dietz stated that he feels that it would be in order to have a motion to have the attorney draw up an Ordinance in regard to the R-2A zoning that we discussed at the Public Hearing. Councilwoman Webber made a motion that we have our attorney draw up an Ordinance creating the R-2A Zoning to Ordinance 880, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 3-0. -9- o o Councilman Dietz stated that there is a meeting tomorrow afternoon with May, Zima to discuss our new computer. He stated that Mrs. Blackwell, Mrs. Kinsey, Mr. Kuyk and he are all going to attend this meeting. He stated that he would like to have permission from the Council to attend this meeting. Councilman Sikes made a motion that we authorize Mrs. Blackwell, Mrs. Kinsey, Mr. Kuyk and Mr. Dietz to attend this meeting, being seconded by Councilwoman Webber. Councilman Sikes stated that he will also like to include the Mayor, Mrs. Webber or anyone else who is able to go. After further discussion on this, upon roll call vote said motion CARRIED, 3-0. The City Clerk explained that one day last week she and Attorney Woods spoke with the man from the Municipal Code Corporation. We have a lot of Ordinances on the books that have been over-ridden by State law. They will soon be going to the printers. Something will be sent to the Council to go over before the final books are set up. Councilwoman Webber spoke to the Council about a bike path for the children in the City. She said that Mrs. Beverly Krecek has been working on this for some time, and she also has been looking into this. She found that there is some money available from the County for such a project, and it looks like we might very well get a bike path set up for our children. ADJOURNMENT: Councilwoman Webber made a motion to adjourn, being seconded by Councilman Sikes. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler ATTEST: i~rk~ Approved thi s d ~ day of j~~y~~ MalYor ~~ 9' 'if/~ Co ilwoman (1~ Councilman }if?> ~ ~O fj~ )1/ ~ September, 1977. 1f~yO~?'~ May r -10-