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10-17-1977 - Public Hearing/Regular o Q ~ . . CITY COUNCIL OF THE CITY OF EDGEWATER PUBLIC HEARING October 17,1977 Mayor Armstrong called the Public Hearing on the proposed use of Federal Revenue Sharing Funds to be received in the Ninth en- titlement period to order at 7:00 P.M. on October 17, 1977 ROLL CALL Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman Carl Shell Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Excused Present Present Present Present Present Present City Clerk Blackwell stated that the funds would be approximately 53,000 to 54,000. and would come during this fiscal year. Councilman Dietz stated that he believed it was the consensus of the opinion of the Council that they would allow $58,000 to the construction of the Water Plant. Added to that would be the $144,000 grant plus the balance left on the $700,000 loan plus the monies that we have matched in the past couple of years in the Water Department from connection fees and impact fees. He received a phone call from Atlanta from the EDA telling us that we had to have by next Wednesday a formula as to matching funds with the 144,000 grant. At that time City Clerk Blackwell and Mr. Dietz drew up all the funds to make this first step which included the 53,000. It was not obligated but that was the intention of the Council at that time. We were short on time and there was nothing else they could do but anticipate that the Council would obligate this money to the construction of the Water plant. Mayor Armstrong questioned why the EDA did not contact the Mayor. Councilman Dietz stated that the call came to the City Clerk originally and was referred to him as coordinator of the Water Department. Mayor Armstrong called attention to the fact that this Public Hearing was to determine how the money should be spent. It is his opinion that the money should be allocated to street paving and improvements. He emphasized the fact that the Council has not obligated the Federal Revenue Sharing money. Councilman Shell stated that he believed that it had been discussed to use the money for the Water Plant. Edgewater needs a new Water Plant and if it takes this 53,000 to make the Water Plant it is a good way to use this money. ~ Councilman Sikes said that it had been discussed at several of the Budget Hearings when the City Council was trying to find money for various projects however no final decision would have been made until this evening because that is the purpose of this Public Hearing but we know that the most important project in Edgewater is the water system of the quality that people can drink and enjoy. He personally feels that the Federal Revenue Sharing money should be obligated for the new water system. Mr. Asting in the audience stated that the health and welfare of the community should come first and this money should be used for the water system. Q ~ Mr. Opal (audience) asked what the water plant's first phase was going to cost before the City got clean water. The City was told that 144,000 was not enough. Mayor Armstrong said that not too long ago the newspapers said that $700,000 was needed for a new water plant. A couple of years ago $900,000 was supposed to build a water and sewer plant both. Now $53,000 plus $144,000 plus a $300,000 loan is $497,000. Where does the rest of the money come from? Councilman Dietz said that the first time the City Council was aware of the monies coming from the Federal Revenue was a letter we received about 3 months ago stating what this year's Federal Revenue funds would amount to. This was the motivation to go ahead with the construction of the Water Plant. The City then received $144,000 grant from EDA. There was a balance from the $700,000 loan for the construction of the sewer plant which was added to the $144,000 plus the monies we had for impact fees about $33,000 plus revenue funds for the Water Department plus the fact that there would be $58,000 and the $15,000 that is presently unappropriated in Federal Revenue funds gives us enough money to start the Water Plant and apply the secondary monies from FHA either on a grant basis or a loan basis so that we can complete the plant. The overall estimated bid from our engineers was approximately $595,000 to complete construction of the plant. This is of course an estimate that can change with cost of living increases, cost of material increases, etc. We have commitments from FHA for $300,000. According to the City Clerk, we have somewhere around $340,000 that we can account for now without the $300,000 so we don't need all of the $300,000 we can get from FHA but if we make the application and the bids come in different then possibly we will have to have the extra money. However, if we find we have extra money, we can pull the Federal Revenue monies back out and reappropriate them to street paving or other places for the City. At present, however, the $53,000 is an insurance policy to guarantee that we can fulfill the obligation that we've gone out for bids for. There was further discussion between Councilman Dietz and Mr. Opal. Mr. Opal said the $144,000 was the same amount that was received a year ago. Councilman Dietz said that the City originally went out for $1,400,000. The City failed to get this amount. They reapplied to the EDA and received a grant of $144,000. This grant was approved September 1, 1977. Which allows 90 days from that date to start construction or we are not eligible for the money. Mayor Armstrong said that a motion for adjournment of the Public Hearing would be in order and based on the agenda for the New Business of the Regular Council Meeting the allocation of approximately $53,000 in Federal Revenue Sharing will be taken up later in the meeting. Councilman Shell moved to adjourn the Public Hearing. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-0. 2 ~ o o CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD October 17,1977 Mayor Armstrong called the Regular Meeting of the City Council of the City of Edgewater, Florida to order October 17,1977 at 7:30 P.M. The City Clerk called the roll Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman Carl Shell Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson I. Woods City Clerk Sue Blackwell Police Chief Earl Baugh. Present Excused Present Present Present Present Present Present INVOCATION SALUTE TO THE FLAG APPROVAL OF MINUTES Councilman Dietz moved that the Council adopt the minutes of the October 10, 1977 Regular Council Meeting. Councilman ~hell s:conded the motion. Upon roll call the motion CARRIED 4-1. Counc,lman S,kes voted NO. BILLS AND ACCOUNTS Mayor Armstrong read the bills in the Gener~l Fund tota~ $6,53~.66. Councilman Dietz made a motion to pay the b,lls. Counc,lman S,kes seconded the motion. Upon roll call the motion CARRIED 4-0. Maygr'Armstrong read the bill .. in the Water and Wastewater Department total $3,480.83. Councilman Dietz moved that the Council pay this bill. Councilman Sikes seconded the motion. Tape 1B There was discussion regarding the bill for D. Kuyk for $165.62. Councilman Dietz said that Mr. Kuyk attended a seminar at the University of Florida concerning line extensions, materials, cross connections, all pertinent to the operation of the water treatment plant. The reason that we send our employees to these seminars and to various schools is because the Department of Environmental Regulations requires that we keep up to date of all new laws and methods concerning the operation of water and wastewater treatment. We have to fill out a form, quarterly, which states that operators and other personnel routinely attend short courses or schools. This has to be done in order to keep our license on the wall at the wastewater and water treatment plants. Upon roll call the motion CARRIED 3-1. Mayor Armstrong voted NO. Mayor Armstrong read the bill for Capital Improvements total $276.00. Councilman Dietz moved that the Council pay the bill. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. PRESENTATION Mayor Armstrong introduced Mr. Cunningham from May, Zima and Company to speak about the status about the computer work. Mr. Cunningham introduced Mr. Schmidt and Mr. Vodnicker who have been dOing the work on the set up of the computer. 3 Tape 2 o o Mr. Schmidt handed out a written report on the automated data processing system that they are putting together for the City of Edgewater. The first section of the report consists of various changes made as a result of working with the City staff. The second section of the report has to do with the various printouts that will come out of the computer. The computer will provide Meter Reading Sheets, New Accounts List, Utilities Income Journal, Cash Receipt and Adjustment Journal, Bad Debt Report, Data Change Report Credit Balance Report, Water Service Cutoff List, General Ledger Summary Report, Final Billing Report, Meter Deposit Record, Utilities Usage Analysis, Water and Sewer Rate Analysis, Master Record Additions and Deletions, Meter Type and Replacement Report and Population Report. Councilman Sikes asked if a resident plans to be on vacation for a period of time could they pay ahead an estimated amount to avoid any penalties. The proposal is that the meters would be read each month and if a resident had prepaid, it would reduce the credit balance on their bill. There will be an exception run that will take into account irregularities in bills such as customers being away or unusually high bills that indicate water problems. Mayor Armstrong asked if a resident was deliquent on one bill would he be delinquent on all services (water, sewer, garbage all on one bill). Mr. Schmidt said that he believed normally a person pays the entire bill and the entire bill is collectible in the provision of the Ordinance. Councilman Sikes said there could be circumstances that might arise whereby the Council would, pending a certain charge, waive that until it could be investigated. The system has the built-in factor that by making master file changes it would update the account so that it would not appear as a delinquent account. Mr. Gross (audience) asked if it was May, lima's suggestion that a 20 day billing date be used to charge penalties. It was the recommendation of May lima to set this time limit. There was more discussion from the audience. There was a discussion about the billing. Councilman Sikes made a motion to authorize May, lima & Co., to order 25,000 ~roposed bills to be used in the computer. Councilman Dietz seconded the motlon. Upon roll call the motion CARRIED 3-1. Mayor Armstrong voted NO. Mayor Armstrong introduced members of the Edgewater Planning Board. Mr. McC~llister spoke about a land use plan. He introduced Mr. Schilling and Mr. LodlCO members of the land use committee. Mr: Schilling spoke about the number one job of the present Planning Board WhlCh has been to examine t~e p~esent.planned use of the City of Edgewater. :hey hav~ prepared.a map WhlCh lS baslcally a zoning map but also contains other lnformatlon to ~eplct the present land use as of June 1977. This is the map they are proposlng to use as the beginning of the land use picture. The Board feels.that before they attempt to make any plans for future activities or changes ln the use of the land it is necessary to get more public opinion. They.suggest that arrangements be made for a Public Hearing and a Workshop to dlSCUSS the citizen1s desire in defining the kind of City that they want to have by the year 2000. - 4 - o o Mayor Armstrong commended the Planning Board for the work that they have done. Tape 2B Mr. Schilling spoke further on possible proposals for more recreational use of some of the land area plus the possibility of some increase in industrial use. He emphasized the fact that it was only proposals and that the Board did not want to cloud the issue with personal suggestions but wanted to find out the ideas and opinions of the residents. Councilman Dietz made a motion to authorize the Planning Board to proceed with a Public Hearing and to instruct the City Clerk to advertise 14 days prior to a date agreed upon and to encourage the newspapers to give more publicity on this Public Hearing. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. COMMUNICATIONS City Clerk Blackwell read a letter from Mr. Sorensen concerning his resignation from the Board of Governors. Councilman Shell made a motion that the Council accept Mr. Sorensen's resignation with regret. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-0. City Clerk Blackwell read a letter from the Florida Department of Transportation stating that effective 10/17/77 Volusia County has assumed responsibility for all former state secondary roads. The roads affected are: S-305, S40A (Grand Ave.) S-40A Pioneer Trail, S-430A, S-5A (Nova Road) S-5A (Old Kings Road) S-442, and S-15A. City Clerk Blackwell read a letter from the U.S. Government Small Business Administration Re: Economic Development Administration Local Public Works Grant. The letter specified meeting the requirements of the 10% minority business enterprise participation for the EDA grants. City Clerk Blackwell read a letter from J.E. Tumblin Agency concerning Workmen's Compensation Renewal. The Clerk reminded the Council that if they are going out for bids on insurance, the insurance must be renewed the first of December. City Clerk Blackwell read a petition from Owners and Managers of Grocery Stores in Edgewater requesting permission to sell beer and wine on Sunday mornings. Councilman Shell made a motion that this petition be tabled until after the November election. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Sikes made a motion to go out for bids on insurance. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-0. The bids are to be in by November 28, 1977. City Clerk Blackwell read a letter from Briley, Wild and Associates re: Wildwood Subdivision. The letter enclosed Department of Environmental Regulation permit applications for the water and wastewater systems in Wildwood Subdivision for the Mayor1s signature. 5 u () Mayor Armstrong spoke about the Wildwood Subdivision. He discussed the legality of accepting a subdivision. Mayor Armstrong said he felt the Council should get a firm committment from the developers of this area as to just what they plan to do before we can consider it a subdivision. Councilman Dietz said that the plans have to be submitted to the Department of Environmental Regulation for approval before they can be submitted to the City of Edgewater because the City cannot supercede the Department of Environmental Regulations. Councilman Dietz made a motion that the Council authorize the Mayor to sign the permit application and send it to the proper location in the Department of Environmental Regulations. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 3-1. Mayor Armstrong voted NO. AUDIENCE MISCELLANEOUS Tape 3 Mrs. Rich brought up the subject of political ads in the newspapers. She asked how Mr. Millard could pay for a political ad for Mrs. Webber when individuals were not supposed to place political ads, they had to go through a committee. The City Clerk had checked and found out that this was legal and as long as the candidate did not know about the ad prior to publication it could ~ be placed by someone other than a political committee member. Mr. Gerrity presented a petition to the Council for Repaving West Connecticut Ave.. The petition was signed by owners of property situated on West Connecticut. Councilman Dietz made a motion that the Council accept the petition and instruct Councilman Shell and Mr. Copeland to investigate the condition of the area and make a report back to the Council. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. Mrs. Woodard asked where the law books,the City had purchased, were. The City Attorney said they were in his office. Mrs. Woodard suggested that these books be placed in the library or City Hall for the use of the residents of the City. Mrs. Taylor asked when the speaker system would be fixed. Mr. Frederick said that the Mosquito Control people had cleaned all the ditches around Riverside Drive and Hardin Pl. but as the water flows down you have a fill that builds up there. Councilman Sikes said that they had obviously cleaned out the ditches up to Mr. Golds property and then stopped so that the water cannot drain properly. RESOLUTIONS RESOLUTION NO. 740 A RESOLUTION APPOINTING ELECTION WORKERS FOR THE PRIMARY AND GENERAL ELECTION TO BE HELD IN THE CITY OF EDGEWATER IN OCTOBER AND NOVEMBER OF 1977, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. City Attorney Woods read the resolution. Councilman Dietz moved to adopt this resolution. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. 6 o u ORDINANCES ORDINANCE NO. 993 (First Reading) AN ORDINANCE AMENDING ORDINANCE NO. 880, PROVIDING FOR THE REZONING OF CERTAIN PROPERTY LOCATED WITHIN THE CITY LIMITS OF THE CITY OF EDGEWATER, FLORIDA, FROM ITS EXISTING ZONING CLASSIFICATION OF MH-1 to B-3, REPEALING ALL RESOLUTIONS OR ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the ordinance. Councilman Shell made the motion to accept the Ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRI~D 4-0. OLD BUSINESS City Attorney Woods discussed some of the problems associated with Ordinance 880. Unless a special use is specifically authorized in a district, then that use is prohibited so stated in section 304 uses by right." Uses not designed as permitted by right or subject to additional conditions in a district shall be prohibited from that district. Special exceptions are permitted subject to additional regulations imposed. The special exceptions may be approved only by the Board of Adjustments following proper application as described in Article 10 Section 1001. Additional uses may be added to this ordinance by amendment. II The Attorney noted that a special exception is only authorized if it isso provided in that particular zoning district. The City gets many applications asking for permission to conduct a business in a zone where it is not specifically permitted. We are going to have to clarify our article at the back which deals with amendments to ordinances. It was the Attorney's suggestion that requests for licenses to operate a business in an area not zoned for that business should be referrred to the Zoning Board. Article 11 provided that an application could be made which would go to the Planning and Zoning Board, but these Boards are separate in Edgewater. Let the Zoning Board conduct a Public Hearing and come back with a recommendation to the Council. Perhaps the Council can change the Ordinance to provide for more frequent hearings for amendments or changes to Ordinance 880. Mayor Armstrong said that perhaps there should be classification of similar businesses because it is impossible to cover all the areas, there should be some flexibility. Councilman Dietz pointed out that if a business wanted to run a service shop on woodworking they could qualify but if they want a woodworking shop for retail sales and building they do not qualify. The suggestion was made to change the ordinance to establish not what is permissible in a zone but what is not permissible. Then you could have a variance only if in the judgement of those who are qualified to evaluate the situation including the Council, could then allow that previously not authorized condition to exist. Mayor Armstrong read an interoffice memo from the Zoning Board on the request of the woodcraft wholesale shop. Ms. Lackey requested this shop. The Zoning Board voted to permit this business with the dimensional requirements that the business can be no larger than 500 sq. ft. Councilman Dietz made a motion to instruct the City Attorney to draw up an ordinance to amend Ordinance 880 for permitted use of woodworking shop as per recommendation of the Zoning Board. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Sikes made a motion that the Council refer the application from the Pyramid Welding Co. to the Zoning Board. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. 7 . , o u Councilman Dietz made a motion that the Council instruct the City Clerk to advertise a Public Hearing on November 7,1977 at 7:00 P.M. for the purpose of amen~ing Ordinance 880 to simplify the ways of adding to specific uses in specific zones by referring to the Zoning Board. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. Mayor Armstrong talked about the hearing on approximately $53,000 proposed Federal Revenue Sharing money that will come in during the next fiscal year. It was the concensus of the Council in general and by some members of the audience that this money should be reserved for new facilities in Edgewater water distribution system. It will require certain advertisements in a paper of general circulation in accordance with the requirements of Federal Revenue Sharing. Councilman Sikes made a motion that Federal Revenue Sharing Allocation #9 be appropriated for water improvement and authorize the City Clerk to make the necessary advertisements. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Shell moved to adjourn the meeting. Councilman Sikes seconded the motion. The meeting was adjourned. MINUTES TAKEN BY: Sue Blackwell Nancy Blazi ~o (1) JM ~Ct1. Aft Councilman .1 ~. ATTEST: i~rk~ Approved thi s /7%y of October, 1977 R~?-~~~ Mayor 8