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08-28-1978 - Public Hearing/Regular ~ ~. .. , ~ t- , CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING August 28, 1978 Mayor Christy called the Public Hearing to order at 6:00 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 The first Public Hearing was to discuss the proposal to amend the Operation and Maintenance Budget by increasing it $50,000. Councilman Dietz said that our water expansion program has made it necessary to hire more employees and purchase more equipment. We are using more money but we are also collecting more money. The increase has far exceeded our anticipation. In six months we have collected 96% of the anticipated revenue. There was a discussion about the number of new employees. There were no comments from the audience. The second Public Hearing was for the purpose of discussing the amending of the Farmer's Home Administration principle and interest by increasing it $5,000. The City Clerk said that originally we were told, when we got the money that it would only pay interest for the first two years. J However, it took such a long time to get the loan that we had 1 a choice of either going back through bond validation or picking J up the principle this year of $5,000, We had already set the budget so instead of $36,000 it amounts to approximately $41,000. , We are taking this out of Water and Wastewater revenue and it will go into principle and interest or bonding interest sinking fund and paid to the Farmer's Home Administration. There were no questions or comments from the audience. The third Public Hearing was for the purpose of discussing the proposed Budget for the General Fund and the Water/Wastewater Funds for the fiscal year 1978-79. A copy of the proposed General Fund Budget is attached to the original minutes of this meeting. Copies have been posted publically. The City Clerk read each item in the proposed General Fund. The total in anticipated revenue and expenditures is $830,673. Mr. Kay spoke about Florida Shores. He said he felt that the residents out there were forgotten when it came to paved roads, street lights, etc. Mayor Christy said that some lights will be relocated in the area but that there was not enough money in the proposed revenues to pay for all the improvements necessary at this time in street lighting and paving. It would be necessary to raise taxes to get the additional money. He has proposed putting this question on a referendum. ~ ~ \ . Q Q Councilman Sikes said that the County used to service many of the roads. Mayor Christy recessed the Public Hearing to start the regular meeting. Mayor Christy called the regular meeting of the City Council to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Robert H. Christy Councilman Louis J. RotundD 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 There was a silent invocation. SALUTE TO FLAG Mayor Christy called the Public Hearing back to order. There was some discussion from members of the audience concerning the difference in pay raises for the supervisors. Councilman Dietz said that the City Clerk will receive her raise from the Water/Wastewater Dept. He added that Mrs. Blackwell had the additional responsibility of handling all the grant monies, FHA loans, etc. Mr. Gross said that he did not argue with a raise for the City Clerk but he felt that the Police Chief should receive more of a raise. Mr. Glaser brought up the subject again of paving in Florida Shores. Councilman Dietz said that the DER would require sewers in municipalities within a few years. It does not make sense to pave the streets and then tear them up again when the sewers are installed. The ideal solution is to put in the sewers and then pave the streets. This should have been done a few years ago when it would not have been so costly. However, prices are going up and it will not get any less expensive to make these improvements. Mayor Christy called a 10 minute recess. Meeting resumed. Mayor Christy explained to the audience that the Police Chief receives incentive pay which makes his total salary $13,980. The incentive pay comes from Revenue Sharing funds and has to be taken off the top before any of this money is used for anything else. The City Clerk read the Water and Wastewater Budget. The total anticipated revenues and expenditures are $659,900.38. There were no questions or comments from the audience. " 2 ~ u ~ The final Public Hearing was to consider increasing the minimum floor area requirements, per dwelling unit, in the City of Edgewater, excluding the area known as Florida Shores as follows: R-1 from 1200 sq. ft. to 1300 sq. ft. R-1A from 1200 sq. ft. to 1300 sq. ft. R-2 from 950 sq. ft. to 1050 sq. ft. R-3 from 800 sq. ft. to 1000 sq. ft. There was a brief discussion about this change. There were no questions or comments from the audience. Councilman Dietz made a motion to adjourn the Public Hearings. Councilman Shell seconded the motion. The Public Hearings were adjourned. APPROVAL OF MINUTES Councilman Dietz made a motion to approve the minutes of the Public Hearing and Regular Council Meeting of August 21, 1978. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. BIllS AND ACCOUNTS Councilman Shell made a motion to approve the bills for payment. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. COMMUNICATIONS The City Clerk read a letter from the County Attorney regarding proposed Charter Amendments for municipal annexations. Mayor Christy called the Council's attention to a Resolution passed by Deland concerning this proposed amendment. Deland is strongly opposed to the concept of County Council approval for municipal annexation. Councilman Sikes made a motion that the Council adopt a resolution similar to the Deland resolution, authorize the City Attorney to prepare and the Mayor to sign it to present at the VCOG meeting Councilman Dietz said that we could not make a resolution, because it would have to come back to the Council for signature. He suggested a declaration of intent. The City Attorney suggested a motion to draft a letter from the Council stating their opposition to this proposal. Councilman Sikes withdrew his motion and made a new motion instructing the Mayor to present the opinion of the City Council of the City of Edgewater at the VCOG meeting whereby we object to the recommendations pertaining to the Charter Amendments for municipal annexation. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. COORDINATORS REPORTS Councilman Rotundo had no report. Councilman Shell had no report. Councilman Sikes asked again about the school shelters. Mayor Christy said that these would be fixed up as soon as he can get a crew. 3 o o ~ Councilman Dietz reminded the Council that. if we are going to put anything on the ballot for improvements in Florida Shores it will have to be done soon. We have to separate Florida Shores from the rest of the City. He suggested a referendum for sewer and street paving. He would like to make a motion that the referendum call for sewer and street paving. Councilman Sikes asked if this would eliminate front foot assessment as far as sewer charge. Councilman Dietz said that both improvements would be done on a front foot assessment. You have to set a taxing district. The City Attorney said that they have already had some input from City engineers as to what this would cost. Councilman Dietz said that the current estimate is $7,800,000 for the sewers alone. The City Attorney said that we would have to delineate the boundaries of your taxing district and show exactly the lineal footage that you are going to do. Councilman Dietz said that regardless of how the people vote now the DER will force them into putting in sewers when they reach a certain percentage of population they will have to have sewers. Councilman Shell seconded Councilman Dietz motion. There was more discussion. Councilman Sikes asked how much the anticipated cost of streets and sewers would be. Councilman Dietz said that they already had an estimate on sewers and all it has to be is updated. City Clerk reminded the Council that they had to have a referendum ready by the middle of Sept. They have to be on the primary in October because there will not be room on the November ballot. The question was raised about putting a cost figure on the referendum. Councilman Dietz said that the cost would be variable and it would not be feasible to set an exact amount. Councilman Sikes said that he does not believe people will vote for improvements if they do not have an idea of the cost. Councilman Dietz said that if a cost figure was stipulated on the referendum he would withdraw his motion to have this on the referendum. If the people vote for a specific cost figure then we would be obligated by these restrictions. There was a lengthy discussion from the audience. Councilman Sikes said he believed the residents of Florida Shores should have an opportunity to express their opinions on improvements in their area. Mr. Opal objected to putting an item on the ballot without any cost figure. Mayor Christy called for a roll call on the motion to put sewer and street paving on a referendum for Florida Shores. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. 4 o o Mayor Christy introduced Mr. Clyde Mann in the audience. Mr. Mann is a candidate for County Council. The Mayor asked the Council about sending Mr. Diamond, City Planner, to the seminar on comprehensive planning in Gainesville. Councilman Sikes made a motion that the Council authorize him to go and the City would take care of expenses. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy brought up the invitation to the 52nd annual convention of the Florida League of Cities. He would like to attend as a representative of Edgewater. Councilman Dietz said we had never sent a representative to this convention. Mayor Christy said that he felt the City should be represented and that it would be worthwhile. Councilman Sikes made a motion that the Council authorize the Mayor to attend this convention in Hollywood, Fla. on October 19, 20 and 21, expenses not to exceed $200. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The Mayor said that he had not been able to attend the CETA Manpower meeting. Mr. Mann spoke to the Council concerning this meeting. He said that Edgewater had been approved for the number of CETA employees requested. These recommendations will be submitted to County Council for adoption. Councilman Sikes asked Mr. Mann about the length of time these employees are hired for. Mr. Mann said that there was a CETA form that advised the employee that the project terminates on Sept. 30, 1979. On the day they are hired they are informed of this and they sign a chit to that effect. You are not obligated for any unemployment. CETA workers hired by Edgewater are actually employees of Edgewater, even though they must be CETA qualified and referred to Edgewater by CETA the City has the right to reject or hire whomever they feel is best suited. If they do not perform the work as required they can be fired. They are entitled to no more and no less than any other Edgewater employee. The City Attorney said that a motion from the Council is necessary to finalize the acceptance of the library. Councilman Shell made a motion that the Council accept the library. Councilman Sikes seconded the motion. Councilman Sikes asked the City Attorney what the City should do with the rest of the money we were holding upon completion of the contract. The City Attorney said he believed we give it back to the State. The City Clerk said this amount has been reported to the State. Upon roll call the motion CARRIED 5-0. Mr. Woods also brought up the Cameron property on Virginia Ave. Tne Camerons are willing to give an easement to make sure the adjacent property owner would have access to make sewer repairs if necessary. It was also represented to the City Attorney that there would be withheld funds at the closing, in the event there is a special assessment on the inside lot. There would be monies there to pay for a hookup to the sewer. 5 o u Mr. Cameron said that he had explained that he intends to put in the abstract for the purchaser that he does have an easement to cross the corner lot to service sewer lines, if necessary. Also he took a deposit today on the corner lot with an agreement of sale which will be put into the deed that the adjoining property known as 206 Virginia Ave. does have an easement across the corner lot. As far as monies being held, there would be no money held at closing. He has said that he is giving three things, first an easement, second, if the purchaser is not satisfied with the property he intends to purchase he would give him his money back and the third thing, he will not hold money at closing but in the event there is a front foot assessment the purchaser will not have to pay for it, Mr. Cameron will pay for it. Mr. Cameron does not feel there should be a front foot assessment on this property and he will challenge the City on this. The City Attorney said he did not feel the City needed to take any further action on this. The City Attorney said that he had received a request from the Planning Board to review the 701 contract with Briley, Wild. The contract is acceptable. Councilman Shell made a motion that the Council authorize the signing of this contract. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy called a 10 minute recess. Mayor Christy reconvened the meeting. Mrs. Blackwell said that she had a home occupation license renewal for Durham Concrete. This needs the Council approval to be renewed. Councilman Dietz made a motion that the Council approve the renewal of this license to Durham Concrete. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Mrs. Blackwell also said that the PBA negotiations had been changed to September 5, 1978 at 6:30 P.M. Mayor Christy requested that the subject of the money for the Friends of the Library Art Festival be moved up from Old Business. Councilman Sikes made a motion that the Council authorize the $250 for Art Folk Festival from special promotions. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. RESOLUTIONS The City Attorney read Resolution No. 810 A RESOLUTION APPOINTING CLARENCE GNAU TO THE EDGEWATER BOARD OF ADJUSTMENTS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. (for three year period) Councilman Shell made a motion that the Council adopt this resolution. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read Resolution No. 811. A RESOLUTION APPOINTING WILLIAM GLASER TO THE EDGEWATER BOARD OF ADJUSTMENTS FOR A PERIOD OF THREE YEARS COMMENCING AUGUS~ 1978; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PRO- VIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this resolution. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. 6 o Q The City Attorney read Resolution No. 812. A RESOLUTION APPOINTING IRENE NEGEDLY TO THE EDGEWATER BOARD OF GOVERNORS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Shell made a motion that the Council adopt this resolution. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney said he also had a resolution No. 813 adopting a certified millage. Councilman Dietz said that this should not be adopted until the budget is set. ORDINANCES The City Attorney read Ordinance No. 1022. This was a first reading. AN ORDINANCE REZONING LOTS 7, 8, and 9, BLOCK 2, RIVER EDGE ACRES FROM B-4 TO R-4; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Shell made a motion that the Council adopt this ordinance. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The second reading of the Ordinance will be on September 18, 1978. OLD BUSINESS Fire District: The Mayor told the Council that he had met with the Fire Marshall, Councilman Dietz and members of the Fire Department. The Marshall agreed that the City needed additional equipment. He agreed that it would be difficult for the Fire Department in Edgewater to continue serving outside of the city limits due to lack of proper equipment. The Fire Department plans to draft a letter to answer charges made by a County Council member concerning the Ordinance proposed by the City to discontinue fire service outside the city limits by October 1, 1978. Board Appointments: Mayor Christy said that the Merit Board still needed an additional member. Mr. Walter Gross spoke from the audience and volunteered his services for this position. The Council will submit suggestions next week. NEW BUSINESS The Mayor asked the Council what action they wished to take on the public hearings. Amending the Operation and Maintenance Budget by increasing it $50,000. Councilman Dietz made a motion that the Council authorize the City Attorney to draw up an ordinance amending the 1977-78 Budget for WjWW operations and maintenance by increasing it $50,000. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. 7 o o Amend the Farmer's Home Administration principle and interest by increasing it $5,000. Councilman Dietz made a motion that the Council instruct the City Attorney to draw up a resolution for the purpose of increasing the principle and interest by $5,000 for FHA. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. The proposed budget for the General Fund and the Water/Wastewater Funds for the fiscal year 1978-79. Councilman Dietz made a motion that the Council authorize the City Attorney to draw up the ordinance setting forth the budget for 1978-79 fiscal year for General Fund and Water/Wastewater Funds as presented tonight. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz made a motion that to fund the principle and interest the Council authorize the Mayor and City Clerk to meet the Sept. 1, 1978 deadline. The resolution will back this .up. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy announced that City Hall will be closed Labor Day. The City Attorney read Resolution No. 813. A RESOLUTION ADOPTING A CERTIFIED MILLAGE RATE OF 5,698 PER $1,000 ASSESSED VALUATION FOR THE CITY OF EDGEWATER, FLORIDA REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Dietz made a motion that the Council adopt this resolution. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Increasing the minimum floor area requirements, per dwelling unit, in the City of Edgewater, excluding the area known as Florida Shores as follows: R-1 from 1200 sq. ft. to 1300 Sq. ft.; R-1A from 1200 sq. ft. to 1300 sq. ft.; R-2 from 950 sq. ft. to 1050 sq. ft. and R-3 from 800 sq. ft. to 1000 sq. ft. Councilman Dietz made a motion that the Council authorize the City Attorney to draw up an ordinance increasing the floor area requirements as specified. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz said that we should put the lights citywide on the referendum. We could for the purpose of levying a millage for the street lights. He made this into a motion. seconded the motion. (Attorney to draw up question of street set up a tax district installation of Councilman Shell resolution) Councilman Dietz said we should find out what it cost us now, what the assessment value of the City of Edgewater is and the amount of money that it takes to maintain the present status of the street lights. We set the millage at that point and as attrition and assessments go up, the value and dollar value will go up and we can install street lights each year. This would start next year. The assessment will maintain the present level and as the city grows it will automatically fund the street lights. There was a Council discussion about this. Upon roll call Councilman's Dietz motion for a referendum CARRIED 5-0. Councilman Dietz made a motion to instruct up a resolution setting forth the election of the City of Edgewater to be all at one election year. Those being elected in 8 the Attorney to draw of the City Council time in an off year in Zone 2 and 4 would ~ o be elected for a three year period. Next year the Mayor and other Councilperson would be elected for 2 years and the first year for all Council to be elected at the same time would be 1981. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 3-2. Councilman Rotundo and Mayor Christy voted NO. The City Clerk requested that the Council authorize the Attorney to draw up an ordinance changing section 74 of the Charter. This section states that within 15 days after the beginning of each fiscal year the City Council shall designate some reputable bank located in the State of Florida as a depository for all funds of whatsoever nature belonging to the City. We need to get that changed to at least 60 days. Now that we are going to computer, if banks were changed within 15 days it would be impossible for the computer to handle this change because you _ can1t get it coded and get checks made up in less than 60 days. She would also like Council authorization to go ahead and order checks. Councilman Dietz made a motion to instruct the City Attorney to draw up the necessary ordinance to change the Charter provision (Section 74) as per the request of the City Clerk to change the time element designating banks and in the interim to authorize the City Clerk to go ahead and order the necessary checks to meet the computer deadline. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk told the Council that the auditors had recommended one bank (primarily because of the computer) except for pooled cash and equity. There will be one payroll account and one accounts payable account. This year we will go to Southeast Bank (Ord. 400). Next year we will have sufficient time to go out for bids and choose the bank that gives us the best deal. Upon roll call the motion CARRIED 5-0. Councilman Shell made a motion to adjourn the meeting. Councilman Dietz seconded the motion. The meeting was adjourned. MINUTES SUBMITTED BY: Sue Blackwell Nancy Blazi Attest: ~ ~erk ~ A P pro v e d t his I J day // of September, 1978 ,/ / ~ / ~ -?'l/~C ~ ..a--.A.~ Mayor ~ ~ ~ 9