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04-25-1977 - Regular Q o CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD April 25, 1977 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater to order Monday, April 25, 1977 at 7:30 P.M. ROLL CALL: Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman Henry C. Riggs Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Jud Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present Excused Present Present Present INVOCATION: SALUTE TO FLAG: APPROVAL OF MINUTES: Councilman Riggs made a motion to approved the minutes of the meeting held April 18, 1977, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 3-1. Councilwoman Webber voting NO, stating that she was not present. BILLS AND ACCOUNTS: Mayor Armstrong read the amount of the bills in the General Fund account. Councilman Riggs made a motion to pay the bills, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. Mayor Armstrong read the amount of the bills in the Water and Sewer account. Councilwoman Webber stated that she suggests that we table the Florida Power & Light bill, until we can check into it. She stated that she makes this in the form of a motion, to pay these bills with the exception of the Florida Power & Light bill, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 3-1, Mayor Armstrong voting NO. Mayor Armstrong read the amount of the bill in the Federal Revenue Sharing account. Councilman Sikes made a motion to pay this bill, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 3-1, Mayor Armstrong voting NO. COMMUNICATIONS: The City Clerk read the Operation and Maintenance budget report. The City Clerk read a memo from Mr. I~olfe, Chairman of the Zoning Board, stating the due to unforseen problems they are unable to meet the May 1st deadline on revising Ordinance 800, and therefore are going to continue working toward a November 1st date. The City Clerk stated that we have a letter from Mr. J.W. Roberts, Engineer of Structures and Facilities Maintenance of the Department of Transportation in regard to a comprehensive training course for bridge inspectors. o o It was stated that if we get a bridge in Edgewater, then we will be concerned about this. The City Clerk read a letter from the American Legion in regard to the Memorial Day Service, Sunday May 29th at 2:30 P.M. It was requested that the City oro- vide the proper wreath to be placed at the veterans monument. Councilman Riggs made a motion that we purchase a wreath for the service, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. The City Clerk read another letter from the American Legion requesting that the two evergreens alongside the veterans monument be removed, and the legion will replace them with smaller evergreens that can be kept trimmed away. Mayor Armstrong recommended that Mr. Martine be directed to move these trees and put them in another park area where the size will not be a detriment. He stated that no motion is necessary in regard to this. AUDIENCE MISCELLANEOUS: Mayor Armstrong stated that he knows that we have several people from the High- land Shores area who wish to speak in regard to a recent variance that was granted, and if they keep it short he feels that they can be heard. No one volunteered. Mr. Fredericks stated that he has something to say about the water meters that we are going to buy. He stated that he thinks it is only fair that we have the people from the company come down here and see that these water meters are off before we start buying all new meters. He asked if we have any record that any of these solid brass water meters we have in Edgewater broke during the cold snap we had? Mayor Armstrong stated not to his knowledge. Mr. Fredericks stated that he thinks this should be checked into. Also he thinks the Council should look into going back to a workshop and a regular ,meeting, because things come up at the meetings that no one knows about and it is decided upon. Mayor Armstrong explained that we authorized Mr. Dietz to buy 48 meters a month for three months. He stated that he was unaware that this was going to come up, but since then he has found out that a City close to Edgewater bought these plastic meters because of a reduced price, and the people are slowing the meters down to half speed. He added that he does not think it is a wise idea to go to plastic meters. He stated that we can think about this before our next meeting and decide what we want to do. Mr. Dietz and Mr. Kuyk wanted to try these meters, and they thought they were saving money for the City, and he can not critize that, but he still feels that it is not the best thing to do. Mrs. Rich stated that the man who took her meter out could not tell her who ordered the change, and she was never told why there was a reading on the new meter before she even used it. She also made a complaint about the quality of the water. Mrs. Lois Kane was given the floor. She stated that what they want to know is are the building permits on Wildwood Avenue going to be issued, and if so she would like the attorney's opinion as to why. They would like to know what they can do to prevent the houses from being built. Attorney Woods stated that he does not represent any builder. He was acting on the recommendation of the Zoning Board in the wording of the Ordinance, which clearly states that in subdivisions where all the dwellings have been placed on two lots then the new dwellings can be built on two or more lots. He asked if it is correct that there is only one house there that is built on a single lot? Mrs. Kane stated that this is correct. -2- o o Tape lB Attorney Woods stated that perhaps Mr. Wolfe could help us out. Mr. Wolfe stated that they did not change the Ordinance as far as the 4.01. What they did change was the side setbacks. If the people are built on two lots, then the man will either have to get a variance for it or something else. He added that the Ordinance up for second reading tonight, really has nothing to do with the rest of the Ordinance on non-conforming lots. Councilman Riggs asked Mr. Wolfe if this is referring to where 50% of the houses are built on two lots, then the rest have to be built that way? Mr. Wolfe stated that the Ordinance says that if all of the homes are built on two lots, then whoever buys will have to have two lots unless there is only one available. If there is only one available he has the right to revert back to the 10% frontage. He added that Ordinance 880, Article IV, Section 4.01 stands as it is, all they are doing is making an amendment to it, so that the people who own the single family lot could build. Mr. Wolfe answered some other questions about the Ordinance. He tried to explain that the Zoning Board created a hardship on the people who own only one lot, and they are trying to take the hardship away by giving them the 10% frontage, when we get into a larger area where there are a lot of vacant lots he must revert back to Ordinance 880 and build according to that. Councilwoman Webber stated that there is no place in Highland Shores or any other subdivision that she can think of that all the house are built on the same kind of lots. Mr. Wolfe stated that this is correct, however if you read Section 4.01 this will explain it further. Perhaps the wording can be changed. Councilwoman Webber stated that she agrees with the idea, however it is the wording that she is objecting to, especially the word "all"lots. There was more discussion about the single lots and building on them. Mr. Jim Dyett stated that he missed something along the line. He has a question about the City water. Mayor Armstrong asked him to hold his questions until we resolve our discussion on Highland Shores. Discussion resumed about the change tRat was made in regard to the non-conforming lots. It was agreed that nothing has changed from what we have had all along the amendment was just made so that no one could buy all of the lots and try to exercise a right that a single lot owner of record has. Councilman Sikes asked if our Building Official can deny the issuance of any permits? Mayor Armstrong stated that if it is in compliance with the law, yes. Mayor Armstrong stated that he has no official notification from the Board, but it is his understanding that they held the Public Hearing. A large group of people came to the meeting and due to a lot of discussion it was recessed to the following week. Last week they continued the Public Hearing, at which time the applicant for the variance stated at the meeting that he was with- drawing his application and that is the status of it. Councilman Sikes asked if any permits have been issued on this? Mayor Armstrong stated that as far as he knows there have been no permits issued. He thinks the Building Official was given the information to issue the permits providing the variance went through and was granted. The Building Inspector who was present at the meeting stated that no permits have been issued. -3- o o Mrs. Kane asked if they are to understand that in order for him to get building permits he must reapply to the Board of Adjustments for a variance? Mayor Armstrong stated if he wants to deviate from Ordinance 880, yes. Mrs. Kane stated that he only has 751 x 1001, and the Ordinance calls for 751 x 1151, so he needs a variance. Councilman Sikes stated that we should ask Mr. Wolfe if we are interpretting this the way it was intended when the Zoning Board presented this to us. Mr. Wolfe stated that the Zoning Board's only concern is for the people who own one or two lots and are non-conforming in the City, regardless of the area. If someone just buys a large lot, like the gentleman you are talking about, they must get a variance. Councilman Sikes asked Attorney Woods what is to prevent this man from buying every other lot and building and then coming back later on and building on the lots in between. If this was clearly seen, we could stop it because he is trying to... Mayor Armstrong stated that the intent would be to defraud. Mrs. Kane asked about Lot 15, it is a 651 x 1001 lot. Does he need a variance or can he build on it because of a hardship case? Mayor Armstrong stated that as long as it is legitimate to build we must go along with him. He explained that the City had to buy a strip of land that separated part of Lot 16, on the west side of Lot 15, due to the fact that there was a drainage canal there. In order for him to put a foundation on the east side of that canal, he would have to go down to dead rock in order to hold up a house. He doesn1t think that it would be feasible for any builder to build on this lot. He added that he can1t say that it couldn1t be done, but it certainly isn1t feasible. Mrs. Kane asked if he could build without a variance though? Mayor Armstrong stated that he could negotiate and buy a piece of property on the east side of it. There is property available there. He stated that in his opinion he would have to have a variance. Attorney WOods stated that any time you are buying property you are buying subject to all valid zoning Ordinances in the City. Regardless of what is expressed between the buyer and the seller, the Zoning Ordinance must be complied with. There was more conversation with Mr. Wolfe about the wording of the Ordinance. Attorney Woods stated that he is going to ask the Council to suspend the operation of this Ordinance until he can correct it. Councilwoman Webber made this in the form of a motion, being seconded by Councilman Sikes. Tape 2A There was more discussion, the previous motion and second were withdrawn. Councilwoman Webber made a motion that we set this aside and that the Ordinance that is now in our possession be an addition to the 88Q, also she would like to declare a moritorium on all issuing of permits on this property until the ques- tion is resolved, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 4-0. Mr. Dyett was given the floor again. He spoke on the condition of the water, and asked what we are doing about the water? Mayor Armstrong explained that right now as far as the new Water Plant is con- cerned we are at the mercy of the E.D.A. for Federal Grant money for the updating. -4- o o Mayor Armstrong continued to explain that upon recommendation of Mr. Kuyk, Mr. Dietz and Briley, Wild, they installed a bypass around the facility in order to put out enough water to take care of Edgewater.lt had always been customary to keep the hardness in the water down to 20%, and it is much more than that now because we are uSing water that is being dispursed by chemical treatment to protect against any bacteria count. This is in compliance with the State Board of Health requirements, but the hardness is not being removed as it was before. He explained that we are now waiting to see if we can get some of the Grant money. RESOLUTIONS: None ORDINANCES: ORD. NO. 972 AN ORDINANCE AMENDING ARTICLE II, SECTION 200 OR ORDINANCE NO. 880 OF THE CITY OF EDGEI~ATER, FLORIDA BY REDEFINING THE DEFINITION OF "HOME OCCUPATIOW', RE- PEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read the second reading of this Ordinance by title only. Councilwoman Webber made a motion to adopt the Ordinance, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 4-0, ORD. NO. 973 AN ORDINANCE AMENDING ORDINANCE NO. 880 PROVIDING FOR THE REZONING OF CERTAIN LOTS IN FLORIDA SHORES SUBDIVISION, EDGEWATER, FLORIDA, FROM ITS EXISTING ZONING CLASSIFICATION OF R-1B TO THE ZONING CLASSIFICATION OF B-2, AND PRO- VIDING FOR AN EFFECTIVE DATE. Attorney Woods read the second reading of this Ordinance by title only. Councilwoman Webber made a motion to adopt the Ordinance, being seconded by Councilman Sikes. There was some discussion as to the location involved in this Ordinance. Upon roll call vote said motion CARRIED, 4-0. OLD BUSINESS: The City Clerk read a certification of receiving bids in regard to the Retirement Plans. She opened the bids, and they were read. Mayor Armstrong stated that he would suggest that we table this and that each one of us take the time to look them over, and then we will have a shop session. Councilman Riggs made a motion that we table this and that we have a shop meeting to go over them, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0. Mayor Armstrong stated that the next order of business is the VCOG by-laws. We have until May 3rd to refer to the committee any objection or changes that we recommend. rape 2 B Councilwoman Webber suggested that we should all pick out the things that we would like changed, and then by next Monday we can decide how we want it changed. She stated that she would like D E FG H I J all changed. Councilman Sikes stated that the Mayor and Mrs. Webber have both been attending these meetings, and he feels they should come up with suggestions for our changes and then the Council can vote on them. Mayor Armstrong spoke his feelings on this. -5- o o There was more discussion about some of the changes to be made, Councilman Riggs agreed that the Mayor and Mrs. Webber should make recommendations to the Council. It was agreed that this would be done. Mayor Armstrong stated that the next item is the Ordinance on Nonconforminq lots. We need to instruct the attorney to draw up the corrected Ordinance: Councilwoman Webber made a motion to instruct the attorney to draw up this Ordinance, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0. Councilwoman Webber stated that we need a fifth person on the Board of Adjust- ments. She would like to nominate Jim Poland to sit on the board, Councilman Sikes stated that he would second this motion. Upon roll call vote said motion CARRIED, 4-0. Attorney Woods stated that he has spoken to Mr. Cunningham and he has done a considerable amount of research in regard to the computer system. He stated that he can not recommend entering into the agreement with May, Zima due to the fact that our Ordinance requires that the City advertise when the expense is in excess of $2,000. He stated that he looked into the case law on this and he thinks that it would be to the best interest of the City for them to go out on bids. Mayor Armstrong stated that he has to agree with the attorney about this, however his one question is who is going to draw up the specifications? It was mentioned before that Mr. Walls would be glad to help the City out if he could. Councilman Sikes suggested that this be tabled for the Mayor or the City Clerk to get with him. It was agreed that this is what would be done. Attorney Woods stated that the Pretrial hearing on the Corbet Smith case is scheduled for May 19th. He stated that he will appear on behalf of the City, although Mr. Davis, former Assistant Attorney for the City did work on the case. Councilman Sikes made a motion that Mr. Woods represent the City, he should pick up the necessary files from Mr. Davis pertaining to this case, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. NEW BUSINESS: Councilwoman Webber stated that she received a purchase order for the Fire Department for $1,042. for a console. She stated that she felt that this should come before the Council, since as coordinator of that department she can not spend more than $1,000. Chief Duane explained the purpose of this purchase. He also answered some questions about this. Mr. Christy recommended that the Council get this for the Chief. Tape 3A Councilwoman Webber made a motion that the purchase be made, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 4-0. Mayor Armstrong stated that the owner and operator of the Nice Place on U.S. 1, outside the corporation of Edgewater has expressed his desire for fire protection under a contract agreement. He stated that he explained that the law has some- wha~ been changed since we adopted the amendment to the Charter, authorizing the City to extend the contract for protecting distances. After further explanation, he added that this is a matter of having a shop session and finding out what those people want to do. There was more discussion about the County setting up a fire district. Chief Duane stated that he has been attending meetings with the Vo1usia County Fire Chief's Association, and there is talk that we may get an entire fire service County. This would be a total system, Fire, Police, Rescue. He explained that the only thing you are actually changing by letting this man come in under our Charter and putting up a deposit, is that it would not take a law enforcement officer on the scene to call us, and this is the only thing that you are changing. He stated that they have been there before fighting a fire. -6- o o Chief Duane spoke further about a County fire service. Councilman Riggs asked if he is recommending that we do cover these people? Chief Duane stated that we already do. Councilwoman Webber suggested that these people come to the Council to dis- cuss this. Chief Duane explained further about the system that is being considered. Mayor Armstrong stated that he thinks we should get the people down there to petition the City of Edgewater for fire coverage. There was more discussion about the Nice Place putting up a deposit while other places in the area do not, and they are served anyway. Councilman Sikes stated that we could advise the owners of the Nice Place that there are provisions in our Charter based on proper notification that they will be protected. There was some confusion at this time. Councilman Sikes stated that in order to bring this to a head, he makes a motion that we advise the owners of the Nice Place to contact the County Council in regards to this problem, namely setting up a fire district, but in the mean time make them aware that there is provisions in our Charter upon our being properly notified by the proper officials we will respond to their need s . He stated we are obligated to take care of their calls if we are called by the County or the Forestry Service. Chief Duane stated that they are not obligated to answer the alarm, if we do not deem it necessary to turn our equipment loose. Mayor Armstrong stated that he explained this to the gentleman. Councilman Sikes stated that he withdraws his motion, and suggests that we get on to something else. Mayor Armstrong stated that if it is all right with the Council, he will look into this and report back to the Council next week. The next item is to set up a public hearing to amend the budget. The City Clerk explained that you have to amend the budget that we are now operating under to include the Federal Revenue money and we have to publish them both or all of it together in the paper. This must be done to obligate the money. This is all of the money that was unappropriated as of January 1, 1977. She explained that any money that you appropriate or obligate after January 1, must be spent under the new regulations. The money that was already appropriated is not effected, although it will be spent. This was discussed. Councilman Sikes made a motion that we set this public hearing for May 16th, at 7:00, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. Mayor Armstrong stated that the next item is more shell for the Street Department. He stated that we have an ad out for more shell. Councilman Riggs stated that before we talk about this, he thinks that we are going to be able to get the pipe for our crossing at no cost. He thought maybe due to this, the Council would allow him a little more money for the shell. He brought the Council up to date on what they have been doing on the Streets. Councilman Riggs also stated that they are down to ten men at the Street Depart- ment. Mayor Armstrong stated that he should go to the Water and Sewer Department and get them back. -7- o Q Councilman Riggs stated that he didn't send them to the Sewer Department. Mayor Armstrong stated that they have ten in the Sewer Department and ten in the Street Department. Councilman Riggs stated that the Street Department needs more men than the Sewer Department. There was more discussion about these men being transferred,.and what should be done about this. .Councilman Sikes stated that he thinks that the supervisors should know where their men are at. Councilman Riggs stated that Mr. Dietz would come over to the Street Department and say they needed certain men in his department. Councilman Sikes stated that the supervisor must be agreeable with it or he wouldn1t send them, so we need to straighten out the superintendent. Mayor Armstrong reminded the Council about the Resolution in regard to Mr. Ohrwall working up until the age 65. He stated that Mr. Martine will be 70 years old next month, however he does not want to retire. We either have to waiver the Ordinance and let him stay or we have to enforce the Ordinance. Councilman Sikes stated that he does not think that the Ordinance will hold up because it would be discriminatory because of age. Mayor Armstrong stated that if we decide to keep him, we could keep him like we did Mr. Ohrwall. Councilman Sikes stated that we have to think of the well being of the indi- vidual as far as the job he is doing is concerned. He added that he is not talking about anyone person in particular. Councilman Riggs stated that Mr. Martine said that he would like to stay with the City another year, about nine months to be exact. Councilman Sikes asked Mr. Riggs how many streets he got shelled? Councilman Riggs stated that we got three shelled and we are starting on another one. Councilman Sikes made a motion that we authorize another $2,000 worth of purchase of shell to be used on Florida Shores streets, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0 Councilman Riggs asked Mrs. Webber if she would look into the matter about the men working in the Water and Sewer Department. He stated that he would like to have his men back. Councilman Sikes stated that he would like to know who the men are that he wants back. Councilman Riggs stated that he will have to find out the names, because he is not sure exactly who is gone. Councilman Sikes asked who pays for the street lights on Indian River Boulevard? Mayor Armstrong stated that the City of Edgewater does. Councilman Sikes stated that there are eighteen lights that are not needed, and could be used in various areas over the City, and he wonders how much of a prob- lem it would be to get the lights relocated? -7- o o Mayor Armstrong stated that it would be no problem to eliminate every other light on Indian River Boulevard, but to re-install them elsewhere we would have to pay for this. Councilman Sikes stated that we would have to pay for installing new lights too, and he is thinking about the monthly charge. We could relocate the lights that we now have. He would like this considered. Councilman Riggs stated that he has had complaints about people cutting through where the new store is being built. He wants it explained that the City does not have the right to put up anything on a County owned road. Mayor Armstrong asked the Chief to look into this and see if we can't get a no cross through sign put up out there, and a citation should be given every time he sees someone cut through there. MISCELLANEOUS: Mayor Armstrong stated that the next item is the Bureau of Workman1s Compensation Industrial Safety report. The City Clerk explained that it was a good report. We were short some fire extinquishers, and she signed a purchase order for them today. The City Clerk stated that she had already called Mr. Duane, and he is going to check on the Florida Power & Light bill for us. Mr. Duane spoke to the Council about this bill. He has done a little checking already, and there are a couple of loads being added in the operation of the plant. He will check further, but it looks as though this is a correct bill. Mayor Armstrong stated that he has had a complaint about a piece of equipment that is parked behind Ihnken's. The man said that this truck has been sitting there for about three years and is an eyesore to the neighborhood. He would like something done about it. He would also like something done about the garbage trucks being left there, unwashed and unclean; they can smell it all the way to Riverside Drive. Mayor Armstrong explained another problem that we have been having in regard to the garbage pick up. He tried to explain that the location is next to Pelican Place and Riverside Terrace; each piece of property has a deeded easement, but there is no right of way and the garbage can not be picked up. He stated that he does not know what to tell the man. Tape 4A Attorney Woods stated that the man can sue for a private way of assessment. He does not understand how the house was built there if he does not have a right of way to his property. Mayor Armstrong stated that the 201 Plan report is most favorable as: far as Edgewater i.s concerned. We shall remain very independent and we will have the right to outfall to the river. Oak Hill will have to build a water treatment plant by 1999. He went on to say that the report is in his office if anyone wishes to read it. Councilwoman Webber reported that the final plans are beinq made on the 701 Grant. Don Sa~orsky will send in the application for us. -The State Depart- ment of Planning is petioning the government for another $2million, and we feel that we are going to get it. If we get this money it will cost us only $6,000. The contract will be sent to us in the event that we are included in this plan. The City Clerk explained that Attorney Woods is coming down to meet with her and go over the Farmers Home papers. Mayor Armstrong stated that we still have a tentative closing for May 18th on this. -8- o ADJOURNMENT: Q Councilman Riggs made a motion to adjourn, being seconded by Councilman Sikes. Said motion CARRIED. MINUTES TAKEN BY: Sue Bl ackwell Debbie Sigler ATTEST: ~kM ~Ldi ~ Approved thi s 9 day of May, 1 977 . Ma~?;.7.9~ qz;; 7. ~~ Mayor Councilwoman Councilman -9- -F ~ C/ (fi--.// 1 I