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07-18-1977 - Regular Q u CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD July 18, 1977 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater, Florida to order Monday, July 18, 1977 at 7:30 P.M. ROLL CALL: Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present Present Present Present INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES: None BILLS AND ACCOUNTS: There was discussion about a bill that was held over from last week for Councilwoman Webber to find out about. Councilwoman Webber stated that she asked Mr. Duane to help explain this bill since it is a Fire Department bill. Mr. Duane was given the floor to discuss this bill. The main question being why use this place of business instead of a local one. He explained that they were not getting satisfaction on the work that was being done on the vehicles. He stated that the man at Dick's Mobile Mechanics did some work on a vehicle and they were very pleased because they had been having trouble with it for over a year. Councilman Dietz stated that he thinks that the question last week was not about the work that was done, but the fact that the coordinator did not know anything about it. Councilwoman Webber stated that she can be called and informed of what is going on. Councilman Dietz stated that the work should be cleared through the coordinator before the purchase order is received. He explained that the Council has to balance a budget and this is the only way they can do it. Chief Duane stated that he will see to it that Mrs. Webber is kept informed. Councilman Sikes stated that we did approve payment of this bill and Mrs. Webber was to check it. o u COMMUNICATIONS: The City Clerk stated that the first announcement is that the Volusia League of Municipalities is having a dinner at the golf course in New Smyrna, Thursday the 21st at 6:30. She needs to know who is going because she has to call them. Councilwoman Webber stated that she will go, Mayor Armstrong will go, and Councilman Dietz will let her know tomorrow. Councilman Sikes has another meeting to attend. The City Clerk read a letter from the Zoning Board, stating that due to the fact that two members are sick and one member is on vacation, Mrs. Massey's case has been pending over a month. They are asking the Council to give their recommendations and changes to them no later than July 19, 1977. It was ex- plained that at their meeting on July 12, there were two rezonings passed. One on Lot 37, Alvarez Grant from Mobile Home 1 to Industrial 1, the other being Lot 42, Alvarez Grant lying northerly of the Railroad except portion deeded to the Wickes Corporation from Agricultural to Industrial. Also at this meeting, Mr. Tucker from Tucker's Manufacturing is asking for a wholesale manufacturing to be added to B-3. This also passed 2-0. The City Clerk ex- plained to the Council that this is the second time that the board has tried .to discuss this business and could not get up a quorum. Councilwoman Webber stated that the new appointed member called and said that she has never been informed that she was appointed to the board. However she is out of town and won't be back until Aug. 15th. The Council began discussing the property in question. Mrs. Massey spoke to the Council about this request. Councilman Sikes asked the Mayor if it is true that this was published for a Public Hearing, but because of the lack of the quorum they can not give her an answer? Mayor Armstrong stated that in a case like this he believes that we could accept a vote from the persons who are sick on an absentee ballot. However he will ask for the attorney's opinion, and this will take a few days. Attorney Woods stated that he would suggest that the tapes of the Public Hearing be presented to Mr. Wiggins and Mr. Taylor. With the waiver of a Public Hearing by the applicants and if they will go along with a vote on this, he thinks that we can go ahead and get this matter resolved. Mrs. Massey stated that this would be all right, because they have been waiting quite a while as it is. Councilman Dietz asked Mr. Woods if the Council can take action on this? Attorney Woods stated that the Council has to have an affirmative vote and approval by the Zoning Board. Councilman Dietz stated that we have a problem, because as of August 1st, Mr. Wolfe is leaving for vacation, and the Zoning Board is going to be out of effect for another thirty days. Attorney Woods repeated his suggestion. There was more discussion about this. It was explained that if there are three voting members, it will be a majority of the board voting. Therefore the Council will then be able to approve or disapprove the recommendation. Councilman Dietz asked how you can call a meeting to order if you don't have a quorum, and how can you have a Public Hearing if you don't call the meeting to order? Mayor Armstrong stated that it was a quasi meeting that they had and the infor- mation was transpired. as if there was a quorum. -2- o o Mr. Wolfe spoke to the Council about this, stating that they felt that something should be done, and they felt that this was the only way to handle this matter in order to give something to the Council to work with. Tape lB Councilman Dietz made a motion that we do as our attorney suggested, have one of the Clerk's take the tapes to Mr. Taylor's residence and let him hear them and take his absentee by certification or by affidavit, being seconded by Councilwoman Webber. Councilwoman Webber stated that she feels that we should also try to see if we can get Mr. Wiggin's vote also if it is at all possible. Upon roll call vote on the motion, said motion CARRIED, 4-0. The City Clerk read a letter in regard to Mr. Tucker's request. She stated that this is the other matter that was taken care of at this meeting with only the two members present. She added that Mr. King is present to discuss this. Mayor Armstrong stated that he thinks this should be handled in the same pro- cedure as the other. There was some discussion about this matter among the Council. Attorney Woods stated that he thinks that it would be best if the Council not discuss this until they receive the recommendation from the Zoning Board. Councilman Dietz made a motion that we add this to the list to go to the absent members of the Zoning Board with their vote and affidavit, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0. The City Clerk stated that next is Mr. Bevel's request for payment. He has remodeled the office for the Planning Board. The total amount is $885.00. Councilman Sikes made a motion that we pay the bill, being seconded by Council- man Dietz. Upon roll call vote on the motion, said motion CARRIED, 4-0. The City Clerk read a letter from the Volusia County of Governments stating that they approved the enclosed sample Resolution. They would like action taken on this Resolution by the City. She read the title of this Resolution. Mayor Armstrong stated that the reason that the Volusia County of Governments is.interested in this particular phase of the comprehensive planning program is that they do have an appointed Comprehensive Planning County Board that will assist in those that are lagging on their planning program. Councilwoman Webber stated that we were told by Don Sacorsky that if we did not do our own comprehensive planning that the County would take over and we would lose our Revenue Sharing. There was some discussion about this with the audience. Councilman Dietz stated that his only objection about giving the Volusia Council of Governments the power over this is that their director is Bruce Briggs who is the County Planner, and this does not make sense. Councilman Sikes asked the Mayor to have our attorney comment on the last page of this. Attorney Woods stated that he thinks that it is just asking for cooperation with this VCOG Organization, but you are doing your own planning. There was more discussion on this. Councilman Dietz made a motion that we turn this over to our attorney and let him check this out and draw it up in the proper form and bring it to the Council at our next meeting, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. -3- o u The City Clerk read a letter from the Board of Adjustments with reference to Mr. James Cameronls request for a variance. This explained in detail the happenings at the Public Hearing which was held for this request. The vote was 3-0 not to approve this request. Mayor Armstrong asked for the Council IS pleasure in regard to this. Councilwoman Webber made a motion to accept the recommendation of the board, being seconded by Councilman Dietz. Mr. Charles Hall, attorney for Mr. Cameron spoke to the Council at this time. He explained more thoroughly the layout of Mr. Cameron's plan, and went over the map with the Council members. He stated that this project will enhance the neighborhood, there were about forty people present at the Public Hearing and there was no opposition voiced. Councilwoman Webber stated that each of these lots are substandard as they are laid out. She asked if he is considering the road as part of the lots? Attorney Hall stated that it is a private driveway, not really a road, however Mr. Cameron is willing to grant an easement to the City, if the City Attorney feels that it is necessary to protect the City. Councilwoman Webber stated that she is not in favor of easements. She added that she has never heard of considering the road or driveway as part of the footage in the lots. Attorney Hall stated that even if you don't consider the road as part of the lots, these lots are still larger than the other lots in that area. Councilman Sikes stated that according to the survey than the road right-of- way or the easements as part of the lots, they would meet the requirements as far as the lots square footage, but it hinges on the easements. Is that fee simple owned by each lot owner or what? Our problem is whether we can consider the road as part of the lot size. There was discussion about this with the City Attorney. Councilman Sikes asked Attorney Woods if the Council voted tonight to approve the recommendation of the board, which is to reject the request, could he defend the Council's action? Attorney Woods stated that certainly he could defend their actions. He went on to explain that the Council has to consider carefully what the Board of Adjust- ments did. It is the function of the Council to either accept or reject the Board of Adjustments recommendation, either way he can defend them legally. There are certain criteria established in our Zoning Ordinance and he has to assume that the Board of Adjustments considered each one of them and then made their decision based on that. He stated that he has pointed out before that it is very unusual the procedure that we have, to have our Board of Adjustments decisions reviewable by this Council. Attorney Hall stated that he did not get the feeling the other night at the Public Hearing that these people were against this thing at all. Councilman Sikes stated that he has had numerous calls and reports about this, and he has also talked with Mr. Cameron about this, but he has had reports that Mr. Cameron does not have the permits required as far as the river end is there. He asked if Mr. Hall could clear this up. Attorney Hall stated that he was not aware that he needed any. He has not filled in any semi submerged land. A lady in the audience asked if they were going to be able to comment on this. Mayor Armstrong explained that the public had their voice at the Public Hearing -4- o o which was held by the Board of Adjustments, and the recommendation was to deny the request. He explained however, that Mr. Cameron, through his attorney is asking that the Council reconsider. The question now is does the Council want to approve the action taken by the Board of Adjustments. After that they have a right to resubmit. At this time there were other comments from the audience about the public being against this project. Mr. Peterson of 201 Virginia Street stated that he has spoke with Mr. Tice of the Environmental Board under the Dredging and Fill Section and these people are in direct violation and should be receiving a notification to stop work on this particular piece of land. Mr. Tice told him that this would be good advice to give to theCouncil before a decision is made on this. Mr. Cameron stated that Mr. Tice was out there, inspected the property and made various photographs, and he never told him that he was in any violation. He added that he would like to confirm what Mr. Hall said, the room was full at the Public Hearing and none of the adjoining property owners spoke. He added that some scrub woman said something about the trucks, which is not true. There was much commotion and confusion at this time. Mayor Armstrong called order to the meeting. Mr. Leo P. Grazide , of 1705 South Riverside asked the Council to pay attention to what he wanted to say. He explained that the lots that Mr. Hall has said are smaller than the lots in question, were lots before the Zoning was passed. He stated that what Mr. Cameron is doing is subdividing. If the Council per- mits this man to break your Zoning laws, how can you stop anyone else from breaking the Zoning laws? He also said that he thinks that Mr. Sikes should excuse himself from voting because he is a member of the banking institution who sold this property to Mr. Cameron, and he feels that it is a conflict of interest. Councilman Dietz asked why this man is arguing with the Council? The Council just made a motion to accept the recommendation of the Board of Adjustments to deny the request. Mr. Grazide stated that he is disputing the statements that Mr. Hall has made and furthermore, he did not like the remark Mr. Cameron made about a scrub lady, because that happens to be his wife and he feels that he deserves an apology. Mayor Armstrong called order again, he added that he knows that this isimpor- tant to all of the people, however he feels that the pros and cons should have been discussed at the Public Hearing. He added that anything questioning Mr. Sikes right to vote should have also been discussed earlier, however he thinks since he was accused that he should have the right to be allowed to speak one word of rebuttal. Councilman Sikes stated that he is a bit surprised, because he would say that a good portion of people present are banking at the Southeast Bank because it is one of the oldest banks. He spoke to Mr. Grazide that his sister cam~ i~ (sister-in-law) and was interested in the Cameron property, which was Rogers property before it went up for sale. He told her that the estate had not been probated and that he was not involved in it in any way at all other than knowing Mrs. Rogers for many years. He explained that this property was sold on sealed bids, and he is not a trust officer or involved in any way with these activities. Mr. Cameron spoke to the Council again about this, explaining that he feels that it would enhance the community, and he would like the Council to approve it. There was much confusion at this time. Mayor Armstrong called order to the meeting. He stated that we have a motion and a second on the floor to approve the recommendation of the Board of Adjustments to deny the request. Upon roll call vote said motion CARRIED, 4-0. Mayor Armstrong called a five minute recess at this time. -5- o o AUDIENCE MISCELLANEOUS: Tape 2B Chief Tommy Duane.was given the floor. He said that the Fire Department would like to request a meeting with the Council and Fire Department to clear up some problems, and discuss their budget for next year. ' The Council discussed this,and it was decided to meet with the Fire Department at 7:00 August 1st. Mr. Robert Christy was given the floor. He said that the Council allowed him $600 for the generator'that has to be replaced and he needs about $200 more. He added that they have been on this for two years. Councilman Dietz made a motion that we give him the $200 more, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 3-1. Mayor Armstrong voting NO. RESOLUTIONS: RES. NO. 725 A RESOLUTION APPOINTING GRACE SECKI TO THE EDGEWATER ZONING AND PLANNING BOARD, REPAEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read the Resolution in full. Councilwoman Webber stated that the Zoning and Planning Boards are two separate boards in the City of Edgewater. Attorney Woods stated that he will delete it from the Resolution. Councilwoman Webber made a motion to adopt the Resolution as corrected, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0. ORDINANCES: None OLD BUSINESS: The City Clerk stated that we have a bill from Briley, Wild and Associates. She said that she told the Council she would bring these bills back to the Council before she paid them. She added that Mr. McGough, Mr. Eldridge and she is not sure who else are going to be here Wednesday for a dry run closing on this loan. She went over each one of the bills; they total $7,642.27 of which about $700 will not have anything to do with Farmers Home. Councilman Dietz stated that he has looked these over and they are all valid bills. After further discussion, Councilman Sikes made a motion to pay the bills, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 4-0. There was discussion about the vacant Council seat, We have three applications to look over. Mayor Armstrong stated that he thinks there should be some kind of deadline set for accepting applications. Attorney Woods read from House Bill 1668, which is a special act relating to the City of Edgewater, Volusia County, Florida which was passed in 1967, about filling vacancies on the City Council. It explained that if not more than two vacancies occur then the Council shall appoint a person or persons to serve the unexpired terms. The person shall reside in the same Zone and have the qualifications of the elector and shall own real and personal property within the City limits. -6- o o It was explained that there is no time limit set, it is at the Council's discretion. Mayor Armstrong stated that he feels that we should have a deadline set saying that we will accept applications until such a time. Councilman Dietz stated that we have three candidates here, and since the Council can't talk within the Sunshine Law, he makes a motion that we appoint Mr. Carl Shell to fill the time that is left on Mr. Riggs seat until 1978, and for the attorney to draw up the proper papers, being seconded by Council- man Sikes. Upon roll call vote said motion CARRIED, 3-1. Mayor Armstrong voting NO. Mayor Armstrong stated that we have a bill from Hanson & McCallister for the fill that was put in the landfill in the amount of $995.00. Councilwoman Webber made a motion to pay the bill, being seconded by Council- man Dietz. Upon roll call vote said motion CARRIED, 4-0. The City Clerk asked the Council if they read the information sheet that she passed out. She said that Mr. McManamy said that the letter would be forth- coming. The City Clerk said that on this water extension program, we notified the people to pay their fees and meter deposits on May 20th and gave them three months and we have been approached asking for an extension of time. This is something that the Council is going to have to set the policy on. Councilman Dietz stated that the meter deposits will have to be paid, as far as the hook ups, he thinks that the Council will have to made a decision on. Mayor Armstrong stated that several years ago we pro rated this on a monthly basis. Tape 3A The Council discussed this with Attorney Woods. He suggested that the Council could set this up like a Promissory Note to be paid so much per month. It was decided that the attorney is going to bring something back to the Council on this. Mayor Armstrong stated that we have talked about this before, what are we going to do? He is talking about a million and a half yards of dirt... Councilwoman Webber stated that she has spoken with Joe Martine and he has men working every day bringing in loads of dirt. He has filled in the front and they are doing an excellent job. Councilman Dietz stated that if the work is being done, we should get a weekly written report from Joe on this, letting us know how many loads have been put out there. Councilman Sikes stated that we should enforce the no dumping out there. Councilwoman Webber stated that she has spoke with the Chief about this, they are not dumping in the dump but they are dumping out by the well field. NEW BUSINESS: Mayor Armstrong stated that we are meeting Wednesday, so we can set our budget workshop date at that time. MISCELLANEOUS: There will be an employee meeting Wednesday evening at 7:00 to discuss the pension program. -7- . < ' o o Mayor Armstrong stated that we will be meeting Wednesday morning at 10:00 which is a dry closing on the $700,000 loan with Farmers Home, and we will have to recess this meeting in order to take care of the Board of Adjustments items which were discussed tonight. There will be a Public Hearing on water and sewer rates next Monday at 7:00 P.M., if it was advertised in the newspaper. Attorney Woods asked to be excused from the Council meeting on August 8th. Mayor Armstrong stated that permission is granted. The City Clerk said that JoAnn asked about getting some curb stops out front so. that when the cars pull up to pay bills, the water from their air conditioning won't keep killing the grass. She said that she feels that the men at the garage could do this. Councilman Sikes suggested that a sidewalk be put along that whole curb. Mayor Armstrong said that we can get some cost figures on this. RECESS: Councilman Sikes made a motion that we recess until Wednesday morning at 10:00, being seconded by Councilman Dietz. At this time Mayor Armstrong recognized Mr. Williams who said he has been asked about some other party using this hall on Labor Day, all day. Mayor Armstrong stated that a letter of request should be brought to the Council about this, however the Council does not anticipate having a meeting that night. Upon roll call vote on the motion to recess, said motion CARRIED, 4-0. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler ATTEST: ~rk~ this {~y of , 1 977 I Cl~ ~.. ~----- ~~.'" -8-