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10-02-1978 - Regular ~ . u u l I I CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING October 2, 1978 Mayor Christy called the regular Council meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman Carl Shell 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 Present INVOCATION The invocation was given by Rev. Higgs. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Sikes made a motion that the Council approve the minutes of the Council meeting on September 25, 1978. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Shell made a motion that the Council approve these bills for payment. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. COMMUNICATIONS The City Clerk read a letter from the Insurance Co. of North America. The company recently inspected City premises, equipment and operations for an underwriting determination. They suggested some corrective action that the City should take to improve safety conditions. The Council decided that each Coordinator should be responsible for these corrections in the individual departments. . The City Clerk read a letter from Briley, Wild and Associates regarding the update of the VCOG Short Range Water Facilities Plan report dated May, 1978. This was for Council information. The City Clerk read a letter from Mr. Walter Gross expressing a willingness to serve on the Merit Board. Mayor Christy said that he had received re~uests people to be considered for a position on one of Mrs. Louise Martin, 1409 S. Riverside Drive was who expressed a willingness to serve on a Soard. Council to table this until next week. from: other the Boards. one of the people He asked the The City Clerk read a letter from Briley, Wild on the Pelican Cove Subdivision. They recommended that the Council approve these plans subject to the Engineer making some minor revisions which they listed. Also, in reference to Pelican Cove, the Council had two let~ers from the Planning Board stating that they had approved the plans as presented subject to a request to receive information on Tract One. They also requested that no building permits be issued on subdivisions until the Building Inspector had received the Counci.l approval of the site plans. In the second letter the Planning Board requested that the Pelican Cove developers submit I ' [ I o u a utility plan. There was no information about street lighting in the proposed site plans. The Council also received a memorandum from the Zoning Board stating that they had approved the site plans, as presented, for the Pelican Cove Subdivision. There was a discussion with the representative of Belmont Homes. The developers of this subdivision would like the Council to approve the plat plans so that they can be recorded. It is necessary to have this done before any further work can be started on the subdivision. Mr. Schilling, Chairman of the Planning Board, also spoke to the Council and said the main problem was that building permits were issued ahead of time and that Section 715.01, 02 and 03 of Ordinance 880 was not being complied with. Mr. Diamond said that a new subdivision ordinance is being prepared for review by the Zoning Board and Planning Board. They will make their recommendations to the Council. Mr. Schilling pointed out that the original site plan approval was necessary for rezoning. If zoning is changed it is necessary to follow certain steps. We need to establish procedures so that the contractors understand what they must do for approval by the Zoning Board, Planning Board and Council. The second step in Section 715 does not provide a key to the length of time before site plan approval is given. The Boards would like some clarification on this to assist the contractor to know what the requirements are. Councilman Dietz questioned these steps in regard to commercial development. He said that it appeared as if some of these rules negated some of the other rules. The City seems to be making it difficult to establish commercial developments. Mayor Christy said that we have certain laws at this time and they should be obeyed or changed. Mayor Christy said that he had talked with members of the Zoning Board and Planning Board concerning the steps necessary to approve development plans Mr. Schilling said that the approval was conditional because there should be more information on Tracts one and two. The City Attorney asked about the street lights that the Planning Board had brought out. Councilman Di~tz said he did not see where the developer would be responsible for this. Thesstreets are dedicated to the City. The City Attorney said that we required them to put in the sewers and streets and everything else, why not the street lights? Councilman Dietz asked if they would pay the light bill. The City Attorney said he did not say that but we have problems with street lights in the City. The plat plan they submitted complys with 177 and it is up to the Council to make the decision. Mayor Christy said that the street light operation would be the responsibility of the City but the initial installation should be under the subdivision as recommended by the Boards. Mr. Rogers, Engineer for the project, said that they needed to record the site plan so that work could proceed. He mentioned the additional access road that was requested by the Fire Dept. This road would go by Pyramid Park, it would not be paved or be a driveway as such, it is to be retained so that they don't build and shut that access road off. Mr. Schilling said that the Planning Board has approved Tract three which is the R-4 housing area. They also gave a conditional approval 2 u u to the site plan for Tract one subject to further information necessary to define what the conditions will be surrounding the building now under construction. As far as Tract two is concerned which is the remainder of the business and professional area, we have not given approval and have-received nothing on this area either for a building permit or anything else. Mr. Rogers said that it was all in one plat and they cannot pullout separate tracts for recording purposes. The approval of the whole plat is necessary in order to record it. He said they would be willing to have the building permit set aside temporarily. They would stop all construction until the Board have had a chance to review additional information. Mr. Schilling said that this would be agreeable to the Planning Board to have the permit set aside temporarily and the developers in turn would furnish the Boards enough information on Tracts one and two to give the Boards an equal opportunity to evaluate the additional information. Mr. Rogers requested that the Council authorize the Mayor, City Attorney and City Clerk to sign the plat which would allow it to be put on record, agree to the construction plan and sign the applications so that the developers can proceed. The entire plat has to be filed with the Clerk of the Circuit Court. Mr. Schilling said that as he understood it, the developers are requesting a legal requirement for the site plat recording and it has nothing to do with the site plan approval which is what the Boards are involved with in connection with our zoning ordinance. Councilman Dietz made a motion that the plat of Pelican Cove be approved by the Council and signed by the Mayor, City Clerk and City Attorney. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Rotundo voted NO. The City Clerk read a letter from the Board of Adjustments recommending that the Council grant a variance to Mr. and Mrs. Carl Groepler, 109 Neptune, for the purpose of adding an addition to their house. Councilman Sikes made City Attorney to draw as recommended by the seconded the motion. a motion that the Council authorize the up a resolution granting the variance Board of Adjustments. Councilman Shell Upon roll call the motion CARRIED 5-0. COORDINATORS REPORTS Councilman Rotundo reported on a telephone conversation he had with Mr. Hetrick concerning the proposed fire district. Mr. Hetrick said that the suggestion of assistance from a program by the Dept. of Agriculture was not feasible for the fire district. This program deals with equipping old transports to be used for brush fires. Mr. Hetrick continued by suggesting the possibility of a loan from FmHA. There is money available for fire stations, trucks and equipment. If the City is interested, he will get more information. The Council decided to have Mr. Rotundo and Mr. Hetrick pursue this possibility further. Councilman Shell reported that they had received the bids for ilearing the roadway and hauling away the debris at Mockingbird Lane. Hanson and McCallister were low bidder: $800.for clearing and $1600. for hauling. The City will receive $14,750. for paving the street and after paying $2400. we would have a balance of $12,350. Councilman Dietz made a motion that the City award the bid to Hanson and McCallister to clear and haul away the roadway area at Mocking bird Lane for a cost of $800. for clearing and $1600. 3 o Q for hauling the debris. Councilman Shell seconded the motion. There was some discussion from the audience on this roadway and also when Mockingbird Lane was deeded to the City. The City Attorney said the deed would be in the records. Upon roll call the motion CARRIED 5-0. Councilman Sikes reported on the question of bus service in Edgewater. We have received a reply from New Smyrna Beach who referred the City to the Department of Transportation for answers to questions concerning a possible bus service in Edgewater. Councilman Sikes also asked the City Attorney what the status was on Community Drive. The City Attorney said that this was not ready yet. Councilman Dietz said that the City Attorney needs some assistance to get Thomas Street and Juniper Drive straightened out and get the information for the tax department so that we can go ahead and have the public hearing. Mrs. Blackwell reported that all candidates were to have filed treasurers reports today which is the first Monday of the month. Not all candidates have done so and she suggests that these reports be in tomorrow. Mayor Christy reported that he had written a letter to Mr. Lindsey of HUD requesting confirmation of their willingness to do an updated survey of the Florida Shores area in regards to water tables and drainage as it concerns the septic tank problem. He asked for Council authorization to send this letter. There was no objection from the other Council members concerning this letter. Mayor Christy also told the Council that the new ordinance which limits the Fire Department to answering calls within the City limits does not include the rescue service. Councilman Dietz said that there never has been a provision that states that the rescue service could respond beyond the City limits. Councilman Sikes said that if there is nothing that says the rescue service can go outside City limits than they should stay within the City unless it is a mutual aid call. Mayor Christy also mentioned a letter concerning energy efficiency building codes. The City Attorney suggested that the Mayor check into possible funding for this program. When legislation is passed requiring cities to take on additional financial burdens such as this program might add, funding is supposed to be provided. RESOLUTION The City Attorney read Resolution 78-R-l. A RESOLUTION DECLARING THE CANDIDATES FOR ELECTION FOR COUNCIL SEATS FOR ZONE 2 AND ZONE 4; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the City Clerk certification Councilman Sikes made a motion that the Council adopt this Resolution. Councilman Rotundo seconded the motion. 4 , - " (.J u Mr. Walter Gross spoke to the Council. "My name is Walter Gross and I live at 909 Lake Avenue in Edgewater. I r:equested Mr. Mayor,you gave, I understand, you gave the newspapers a story that as long as Mr. Dietz.." Mayor Christy: "Sir, you are out of order." Mr. Gross:"This is a, this is" Mayor Christy: "You are out of order Sir" Mr. Gross: "I am not out of order." Mayor Christy: "I am going to tell you one more time. Mr. Gross I am going to tell you one more time, if you do not sit down I am going to ask the Police Chief to escort you out and file a 751 form. Now, Mr. Gross you are out of order please sit down." Mr. Gross: "Mr. Christy if you can't give.." Mayor Christy: Mr. Chief will you please escort him out of the room and I want a 751 filed and I'll sign it in the morning." Mr. Gross: "I want the newspapers to understand that I don1t have the right to speak." Mayor Christy: "Welre not talking on thaL" Mr. Opel then spoke to the Council concerning the signing of petitions for candidates. He asked the City Attorney if someone else other than the candidate can take the petition around. The City Clerk said that the candidates do sign a statement that the petition was signed in their presence. Mr. O~el said that a petition for Pat Walker was given to him to sign by someone else. Pat Walker spoke to the Council and admitted that two signatures were obtained by someone else before she was told that this was not 1 egal . The City Clerk said that she had certified 30 names on the petition in case there was any problem. Mayor Christy called for a vote on the adoption of the resolution. Upon roll call the resolution CARRIED 5-0. The City Attorney read Resolution 78-R-2. A RESOLUTION INCREASING THE SALARIES OF CITY CLERK SUE BLACKWELL, SUPERINTENDENT OF STREET DEPARTMENT EARL COPELAND, CHIEF OF POLICE EARL BAUGH AND CITY PLANNER RICHARD DIAMOND: REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes ma~e a motion that the Council adopt this resolution. Councilman Dietz seconded the motion. Mrs. Opel asked how many raises they get a year and if it was in the budget. Mayor Christy said that it was put in the budget. Mr. Leclair said that he did not feel the raise for the Police Chief was sufficient. He thinks that Mr. Baugh should get Mrs. Blackwell IS raise and she should get the Police Chief's raise. Mayor Christy called for a vote. Upon roll call the motion to adopt the resolution CARRIED 5-0. 5 . .' , o Q ORDINANCES The City Attorney read Ordinance 78-0-1 (First Reading) AN ORDINANCE AMENDING SECTION 74 OF THE CODE OF ORDINANCES BY PROVIDING THAT THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA SHALL DESIGNATE A REPUTABLE BANK AS THE DEPOSITORY FOR CITY FUNDS SIXTY DAYS PRIOR TO THE BEGINNING OF THE FISCAL YEAR: REPEALING ALL OR DINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Shell made a motion that the Council adopt this ordinance. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. OLD BUSINESS The City Counc.il discussed the application for an occupational license for J & R Maintenance. The City Clerk said there was still some question whether this application had been filed properly. Councilman Dietz made a motion that the Council send this application to the Zoning Board for their recommendation. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. NEW BUSINESS The City Clerk said that she wanted some authorization to refuse to accept checks from certain people who consistently write bad checks to pay for their water bills. The City Attorney said that a check is not considered legal tender and the City could require cash from everybody but checks are an accepted method of payment. There was some discussion from the audience on this subject. The Council recommended that the City write to these people stating that the City would no longer accept checks from them in payment for their water bills. MISCELLANEOUS None Councilman Shell made a motion to adjourn the meeting. Dietz seconded the motion. The meeting was adjourned. Councilman MINUTES TAKEN BY: Sue Blackwell Nancy Blazi ATTEST: ~~~ Approved October, Mayor 6 ~- y ~ ~ .. ffit-