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05-22-1978 - Public Hearing/Regular . . .. {.) (.) CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING May 22, 1978 Mayor Christy called the Public Hearing to order at 6:00 P.M. for the purpose of updating the square footage zoning require- ments in the Florida Shores area. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman Carl Shell COII'lcilman Walter B. Sikes Councilman. C a 1 v i nR :. Dietz City Attorney Judson Woods City Clerk ~ue Blackwell Police Chief Earl Baugh Deputy Clerk Nancy Blazi Present Present Present Present Present Present Excused Present Present There was no one in the audience that wished to express an opinion either pro or con for this proposed change. The Council discussed the recommendation of the Zoning Board to update the square footage requirements in Florida Shores. R-1B from 1200 to 1300 sq. ft. R-2 from 900 to 1050 sq. ft. R-3 to be known as R-3B in Florida Shores Only upgraded from 800 to 1000 sq. ft. R-1 from 1200 to 1300 sq. ft. nnrl R-1-A from 1200 to 1300 sq. ft. Also recommended: Blbck. 245 of Florida Shores from R-4 to B-2 lots 7447 to 7510 inclusive. Part of the same recommendation: change West half of Blocks 215-218 from R3 to B2. Change ~. East half of Block 215-218 from R-3 to R-4 lots inclusive. The legal description of these lots was included in the Zoning Board memo. The Council discussed the feasibility of updating square footage requirements not only in Florida Shores but in other areas of the City. The Council recessed the Public Hearing. Mayor Christy called the Public Hearing to order at 6:30 P.M. for the purpose of rezoning certain areas in Riveredge Acres. 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 Deputy Clerk Nancy Blazi Present Present Present Present Present Present Excused Present Present There was no one in the audience that wished to express an opinion either pro or con on this zoning change. '. o o Mayor Christy read the recommendation of the Zoning Board to change Lots 7,8, 9 Block 2 Riveredge Acres from its present B-4 to R-l. Change Lots 1,2,3 Block 3, Riveredge Acres from B-4 to R-2. Change Lots 10, 11, 12 Block 2 River edge Acres, and Lots 20, 21, 22 Block 3, Riveredge Acres to B-3. These changes have been recommended by both the Planning and Zoning Boards. The Council discussed these changes. The Council recessed this Public Hearing. There was a five minute break. CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING May 22, 1978 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. Rotundo Councilman Carl Shell Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Deputy Clerk Nancy Blazi Present Present Present Present Present Present Excused Present Present INVOCATION Councilman Sikes gave the invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Rotundo made.a motion that the Council approve the minutes of the Special Meeting .of May 17, 1978. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Sikes voted NO. BILLS AND ACCOUNTS Mayor Christy noted that there should be two bills added to this list. One from Red and White fo~ $193.10 and one from Mr. Sellers for $66.07. Both of these bills were related to items purchased during the Fire. Councilman Shell made a motion that the Council approve the bills plus the additions. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. 2 (.) o COMMUNICATIONS: Florida East Coast Railway - a letter declining the request of the City Council that the railway reroute its mainline around the City. Councilman Dietz made a motion that the Council authorize the City Attorney to investigate all avenues available to the City to protect its citizens from the hazards of the railway passing through towns, such as speed, crossings, etc. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Norton Josephson - a memo on the enforcement of municipal ordinances. This was for Council information on the steps being taken for the efficient, speedy and uniform prosecution of municipal ordinances throughout the county. Police Chief Baugh said that he had been informed that a meeting would be held as soon as a procedure had been developed. He requested that the City Attorney be present at such a meeting. Councilman Sikes made a motion that the Council refer this subject to Councilman Rotundo for further study. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. Florida Shores Homeowners - a letter thanking the many City agencies for their fine efforts during the recent fire, especially the Fire, Police and Civil Defense Departments. Cory Estates Homeowners - a letter thanking all the City agencies for the fine job they did in saving all the homes in this area. Mr. and Mrs. Dudley - a letter requesting review of the policy of charging for water drained from swimming pools and asking that some of this charge be discounted on the uti 1 i ty bill. The Council discussed this problem. Councilman Rotundo made a motion that the Council not charge the Dudleys for water emptied from their swimming pool Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Sikes voted NO. The City Attorney stated he believed that the Council was in violation of its own ordinance since the ordinance stated that special exception could be made for large users of water only. Councilman Shell made a motion to rescind the previous motion. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz made a motion that the Council authorize the City Attorney to draw up an ordinance amending Ordinance No.896 to change under Sewer Service Charges (B) take out the word "initial" and add provided that the user can prove the water was not disposed of in the sewer system. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes made a motion that the Council table the request from the Dudleys until a later date. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. 3 o o \ COORDINATORS REPORTS Councilman Rotundo asked the City Attorney if anything had been done yet about the property next to the Fire Department. The City Attorney said that he had not been able to take care of that yet but would do it soon. Councilman Rotundo also asked if the Council had received a recommendation for a new alternator from the Fire Dept. Mayor Christy said that they were trying a heavier battery and had adjusted the alternator. If it causes any more trouble we will have to get permission to put a new alternator on. Councilman Rotundo also asked when the City would hire someone as dog catcher. Mayor Christy said that the City had been talking to the CETA people and hoped to have someone for the position soon. Councilman Rotundo told the Council the Police Dept. had purchased two walkie talkies through a Federal grant. Councilman Shell read a letter from Charles Murphy, Building Official requesting Council authorization to refuse giving a Certificate of Occupancy until the owner or contractor pays the City, as spec.ified in Ordinance 999, for the installation of culverts. Councilman Dietz made a motion that the Council instruct the Building Official to see that all homes built in Edgewater are provided with the proper drainage.tubes under the driveways as per instruction to the City Street Dept. and that before final Certificate, the Building Official will have a certificate from the Street Dept. stating that this has been complied with. When the BUilding Official sends his bill we will check these .certificates from the Street Dept. before we pay the Building Official for. his ser\1ices. Motion died '"for lack of" -second. The City Attorney stated that the Bui.lding Official had the authority to refuse Certificate of Occupancy until the culvert had been put in, if a culvert was required. There was ~ore discussion among the Council, particularly about some people moving in before Certificate of Occupancy was issued. Government Builders was .cited as.one contractor that has not com~lied with the culvert ordina~ce. Mr. Murphy was told he should not issue any more ~ermits to Government B u i 1 d e r sun ti 1, t hey co IP P 1 i e d wi t h t he c u 1 vert ordinance.' Councilman Dietz made a motion to instruct the Building Official to comply with the Ordinance 999 that he is not to issue a Certificate of Occupancy until he has a certificate from the Street Dept. stating that there has been a culvert installed or that ,one is not needed at that building site. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. 4 o o Councilman Sikes reported that the City Hall had hired a CETA employee who worked only 4 days and then did not show up anymore so we let her go. '" Councilman Dietz reported to the Council about the bid for Lift Station No.4, the bid was $2,080 and they are working on it today. Also the bid on the billing machines was only $295/ so we are going to check around and see if we can't get more money just by selling the parts. City Attorney Woods reported that the Council had asked him to look into the injury policy regarding other City employees, exclusive of the Police Department. This has to be a policy decision of the Council as to whether they want to give the same benefits to other City employees that the Police Dept. has. The Council should take into consideration the fact that if the injury is in excess of the first seven days before you can file for workmen's compensation, then the employee would collect benefits for those first seven days. The City should probably have the right to .be assigned those benefits because there should not be double benefits. Councilman Dietz said that the Legislature discussed this subject again and he thinks the Council should wait and see what decision is made. Councilman Sikes said that he believed we could bring this policy into line with the Police benefits if they left it up to the Coordinator of that Department to bring it before the Council and let the Council approve it, especially in - cases where the employee has not been with the City long enough to build up sick leave. He does not believe we need any more policies that this problem is already covered. Attorney Woods said that he had met with Mr. Pennybaker and he has agreed to draw up a contract similar to the one we had outlined for the Fire District and get it back to us. Mayor Christy announced that the American Legion will hold a memorial service on Sunday May 28, 1978 at 2:00 P.M. at the Community Center. Everyone is invited to attend. Mayor Christy told the Council that they had to make some decision about Joe Martine. Officially his job was finished May 16th. He would like to keep Joe working because he does such a fine job. He would like to pay him $3.50 per hour. Councilm~n Dietz said that Joe told him he would work for $3.00 an,l hour, because he is eligible for Social Security and our retirement. Mayor Christy said that he understood Joe was not receiving Social Security because of some mix up in the paper work. Councilman Rotundo made a motion that the City pay Joe Martine $3.25 an hour and give him the three weeks vacation that he has coming to him. Councilman Shell seconded the motion for discussion. Councilman Shell said he also had been told that Joe would take $3.00 an hour. He should be able to get Social Security He is 71 years old. The City has had men working for less than that and he can't agree to give Joe more than $3.00 an hour. 5 ,. (.) o Councilman Dietz reminded the Council of the difference in the insurance rates if someone of that age remains on the payroll. Upon roll call the motion did NOT CARRY 3-2. Councilman Rotundo and Mayor Christy voted yes. Mayor Christy then asked the Council what they wanted to do about Mr. Martine. Councilman Sikes made a motion that the Council authorize the Mayor to enter .into a contract with Joe Martine based on $3.00 per hour, sald contract to be prepared by the City Attorney for a 40 hour week eliminating any fringe benefits; terminated at the will of the Council and effective immediately upon the signing of said contract. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes made a motion to pay Joe Martine based on his 'present hourly wage up through May 25 and for any vacations that might be due. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy said that the City Attorney was not able to draw up the ordinance on bar hours in time to be ready for this meeting. Councilman Sikes said that he did not believe we should have bar hours that are any different than other cities in the area. He had received a number of telephone calls objecting to a change in bar hours. The Council discussed the sale of beer and wine sales and the bar hours. Councilman Sikes made a motion that the Council rescind the motion made May 17, 1978 to authorize the Attorney to draw up an ordinance for a 3:00 A.M. closing and that the Attorney draw up an ordinance similar to the one adopted by the County Council for the sale of alcoholic beverages and beer and wine. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Rotundo voted NO. The Deputy Clerk read a letter concerning the 701 comprehensive planning assistance grant. A meeti~g will be held on June 7, 1978 to discuss administration procedures. The City must send notice as to tr.eir acseptance of the grant and information regarding the persons who will be attending the meeting. Councilman Sikes made a motion that the Council authorize the City Clerk, City Planner and Mayor Christy to attend this meeting. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. PROCLAMATION: Mayor Christy read a proclamation declaring May 26, 27 and 28 as Poppy Day in the City of Edgewater for the sale of poppies by the American Legion. 6 o o RESOLUTIONS The City Attorney read the following resolutions: No. 797 A RESOLUTION GRANTING A VARIANCE TO KENNETH HAROLD REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council adopt this resolution. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. No. 798 A RESOLUTION IMPOSING A SERVICE FEE FOR DISHONORED CHECKS AS PERMITTED UNDER FLORIDA STATUTE 166.251~ 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. No. 799 A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF EDGEWATER~ FLORIDA~ TO IMPOSE A SPECIAL FRONT FOOT ASSESSMENT FOR THE INSTALLATION OF A SANITARY SEWER SYSTEM ON JUNIPER DRIVE~ THOMAS AVENUE~ VIRGINIA STREET~ AND DAYTON AVENUE LOCATED WITHIN THE MUNICIPAL LIMITS OF THE CITY OF EDGEWATER~ FLORIDA: SETTING FORTH THE REQUIREMENTS OF FLORIDA STATUTE 170.03 IN THIS RESOLUTION; PROVIDING FOR PUBLICATION: DIRECTING THE CITY CLERK TO PREPARE AN ASSESSMENT ROLL: 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. OLD BUSINESS: The Deputy Clerk read a Certification of bids for the Backhoe and Utility Truck. The bids for the backhoe were read. Case Power and Equipment Florida-Georgia Tractor Co. $15~995.00 15~263.93 11~900.00 12~687.00 11~201.00 14~875.00 11~868.00 Volusia Ford Tractor Co. ~ Inc. Bell Rentals & Sales~ Inc. Mac Smith Equipment Co. (three quotations:) The Council discussed the various bids. Councilman Dietz made a motion that the Council table this until he and Councilman Shell have had a chance to study these" bids and make a recommendation. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. 7 o o The Deputy Clerk read the bids on the Utility Truck for the Water Department. Luke Potter Dodge, Inc. Smokey's Automotive Service Bud Lawrence Ford, Inc. J. J. Vaughn Ford-Mercury Spence Chevrolet Co. No bid No bid $6,247.91 7,046.14 6,226.05 Councilman Dietz made a motion that these bids be tabled until there is a chance to study them for a recommendation. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy reminded the Council that a decision was necessary on the Pension Death Benefit so that it could be effective June 1, 1978. Councilman Dietz said that the Council keeps giving the employees benefits but not much has been done about current salaries. The minimum in the City has just been raised to $3.00jhour and he would like to see it go to $3.50. In order to get qualified employees and provide them with a decent wage we must concentrate more on present wages and less on future benefits. We can't increase wages and buy more insurance too. Councilman Sikes made a motion that since the Council has increased the hourly minimum wage that we do not secure the life insurance provision to the pension plan. Councilman Dietz seconded the motion. "'-. Councilman Dietz said that all employees will be evaluated and their wages adjusted accordingly. Councilman Rotundo said he still believed we should have the extra insurance for the employees. Upon roll call the motion CARRIED 4-1. Councilman Rotundo voted NO. Councilman Sikes requested that the City Clerk notify the employees. NEW BUSINESS Action on Florida Shores Public Hearing. There was a discussion about a ~econd hearing. Councilman Dietz made a motion that the Council go on record as changing the recommendation of the Zoning Board as follows: R-1 from 1200 sq. ft. to 1300 sq. ft. R-1A from 1200 sq. ft. to 1300 sq. ft. R-1B from 1200 sq. ft. to 1300 sq. ft. (Florida Shores only) R-2 from 950 sq. ft. to 1050 sq. ft. R-2B from 950 sq. ft. to 1200 sq. ft. (Florida Shores only) R-3 from 800 sq. ft. to 1000 sq. ft. R-3B from 800 sq. ft. to 1200 sq. ft. (Florida Shores only The Council will accept the Zoning Board's recommendation for the other Zoning Changes in Florida Shores as per their letter. The Council will so notify the Zoning Board. :. The Council should get an answer from the Zoning Board by June 5 Council Meeting and the next Public Hearing for Florida Shores update will be June 12, 1978. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. 8 o o Action on the Boston Road Public Hearing. Councilman Dietz made a motion that the Council instruct the City Attorney to draw up an ordinance changing the B-4 zoning in the Boston Road area from B-4 to R-1 and R-2 as specified by the Zoning and Planning Boards using their letter as recommendation. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy announced that the Red Cross Bloodmobile would be at the Community Center May 24, 1978. Councilman Sikes made a motion that the meeting adjourn. Councilman Shell seconded the motion. The meeting was adjourned. Nancy Blazi ~- MINUTES TAKEN BY: ~ iJ~J~ Clty Clerk c~~- ~. ATTEST: Approved this June, 1978. day of 9