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04-17-1978 - Regular o o , ~ CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING \ \ April 17, 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 Police Chief Earl Baugh Deputy City Clerk C. Kinsey Present Present Present Present Present Absent Present Present INVOCATION The invocation was given by Councilman Walter B. Sikes. SALUTE TO FLAG BILLS AND ACCOUNTS Councilman Shell made a motion that the Council approve the bills and accounts for payment. Councilman Sikes seconded the motion. The City Ait~rney Judson Woods arrived at the meeting. COMMUNICATIONS Letter from the Zoning Board on the subject of the preliminary topographic map of the planned Indian River Shores subdivision. This plan was approved by the Zoning Board. The Planning Board has no objections of this plan. It is the recommendation of the Zoning Board that the Council approve these plans. The property belongs to Mr. Henry G. Reed. Councilman Dietz made a motion that the Council approve the recommendations of the Zoning Board and instruct the City Attorney to draw up the proper resolution, if necessary. Councilman Sikes seconded the moti~n. Upon rol"l "tall the motion CARRIED 5-0. Letter from Zoning Board on the subject of C.N. Hamel property, Pelican Cove. The Zoning Board held a Public Hearing on the request to rezone this property from MH-1 to R-4 and B-3. The Zoning Board and the Planning Board recommend this rezoning. Mr. Jack Sapp representative of Belmont Homes answered some questions from the Council. This is a site plan not a proposed plan. The property was annexed in Ordinance 886. Councilman Dietz made a motion that the Council accept the recommendation of the Zoning and Planning Board on the rezoning of the Hamel property and authorize the City Attorney to draw up the necessary ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Letter from Board of Adjustments recommending the granting of a special exception for Robert Redding to build an outdoor storage area. Councilman Sikes made a motion that the Council accept the recommendation of the Board of Adjustments and authorize the City Attorney to draw up the necessary resolution. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. . o Q Letter from Board of Adjustments recommending the granting of a variance for Mr. Harold Brown on the corner of Umbrella Tree and Indian River Blvd. Councilman Dietz made a motion that the Council accept the recommendation of the Board of Adjustments and authorize the City Attorney to draw up the necessary resolution. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Letter from Edgewater Public School regarding the use of the South side of the school property for a recreation area. This letter was for Council information only. Letter from Florida Shores Property Owners requesting permission to erect a sign directing attention to the Club house of the Florida Shores Property Owners Association. There was a discussion about laws pertaining to placing signs on County and or State highways. Councilman Shell said that the City maintains this right of way. Councilman Sikes made a motion that the Council grant the Florida Shores Property Owners permission to erect a sign on Indian River Blvd. as long as it meets the necessary City, County and State ordinances and it must be cl~ared through the Police Dept. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Letter from Paul Ream announcing his intention to retire as an employee of City of Edgewater effective April 26, 1978. Councilman Dietz made a motion that the Council accept this letter of intent to retire. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz made a motion that the CQunciJ. wrjt~ a.letter to Mr. Ream and that also a plaque be made to commemorate his years of service to the City. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Letter from Human Resources Center of Volusia County regarding mental health services funding and requesting a meeting to discuss funding support. Councilman Dietz made a motion that the Council turn this matter over to the Mayor. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Letter from Pyramid Park Corp. regarding a project to eliminate a flooding problem on their property, and asking if any construction permits will be necessary for the project. The Building Inspector said that no permits were needed for this project. Councilman Dietz made a motion to instruct the City Clerk to write a letter stating that there is no requirements for a construction permit for this project in Pyramid Park. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Letter from Fraternal Order of Police informing the Council of a ball at the Elks Club on May 20 , 1978. This was for Council information only. Letter from Briley, Wild Assoc. regarding an impact of annexation study of areas contiguous to City boundaries. A study would cost approximately $15,000. 2 o Q There was a discussion about the type of study necessary. R. Diamond, City Planner said that he believed that the basis for the cost was that possibly the whole area under study might be available for annexation but he did not think this would be the case. The Planning Board is currently working on the land use inventory. This could preconclude some of the work that Briley Wild plans to do. They would be able to give information to Briley Wild for an impact study. Mr. Schilling, Chairman Planning Board, said that the Board has sugggested the possibility of annexation as part of our comprehensive plan for the future. However if it looks like it is a good time to take advantage of available talent right now to determine more in detail whether this is a practical thing to do and if we can spend this money at this time, it would be well spent to get this information. We are recommending that the outline of the City be squared off and this would be along that line. Councilman Dietz said that the newspapers are already recommending that the county have the right of rejection of all annexation and if we do not get this on the ballot now we may never do it. Councilman Dikes suggested that the Council refer this letter to Mr. Diamond and the Planning Board to report back to the Council. The City Attorney reminded the Council that they had to have an engineering study before the City could engage in involuntary annexation. There is nothing he can do until such a study is made or the Planning Board comes up with a study. Mr. Diamond will report back to the Council next week. Letter from Mrs. Murphy regarding adding food processing as a permitted use in B-5 zone. Mrs. Murphy stated that there was no clear definition of food processing in Ordinance 880 and to prevent any future problems this should be clearly defined. Councilman Dietz said that he did not feel that the Council could set the criteria for food processing. This should be discussed at the Public Hearing. PRESENTATIONS Mr. Schilling, Chairman of Planning Board spoke to the Council concerning the problems of comprehensive planning as a whole. They have been in touch with the 701 grant program which is a Federal plan to provide funding for necessary planning activities to) satisfy requirements of Florida comprehensive planning act. The Board has met with Mr. Bowie of Briley Wild. There is a possibility that at this time we might obtain a grant of approximately $7,340. In return the City will be required to supply an amount equivalent to 1/3 of that, a part of which would be Mr. Diamond's expenses. The cost to the City would be about $1800. The Board recommends to the Council that they contract on a not to exceed basis with Briley Wild to 'provide for a planner in charge and all t8~hnical services to complete the comprehensive planning act requirements. This would assume close cooperation with Mr. Diamond acting as project coordinator with the Planning Board assisting in every way. Mr. Diamond also spoke to the Council about this program. He said that approximately $420 would go back to the government for adminis- tration and auditing and that there were many rigid requirements that had to be met if we accept this grant. There is a deadline of May 15, 1979 and by that time all the studies must be done and everything that we agreed to do on the application otherwise the grant is terminated. There is a deadline on the comprehensive planning act of July 1, 1979, however if it is not completed there is an automatic extension of one year. If we contract with Briley, Wild to do a lot of the technical aspects of the plan it would help to complete the work before the deadline. The amount we would get from the grant is not enough for Briley Wild to do the comprehensive plan. However, if the Planning Board does the inventory portion which is the costliest and if he is available to do a lot of gathering of material and information for the City, they (Briley, Wild) could do the rest of the work for the amount of the grant. 3 T o o Briley, Wild will make application for the grant and do the administra- tive work. Much of this information could be used for future annexation consideration. Mr. Schilling said that the authorization to prepare the work program should be by the 20th of the month. The input to the 701 authority has to be completed by the 29th. Councilman Sikes made a motion that we authorize the City. Planner and City Attorney to draw up a contract with Briley, Wild for the 701 grant. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk will draw up a letter for Briley, Wild to affirm the Council action. Mr. Ascheral spoke to the Council regarding insurance benefits. The Council passed the pension plan effective February 1, 1978 In the meeting with the employees the major concern that was expressed was the death benefits. He asked Bankers Life if they would include $10,000 death benefit in addition to the other policies the employees now have. The figures that came back are almost identical to the original figures that were submitted. The pension plan itself is annual contribution figure is around 36,800 which is combined police and general employees. This does not take into consideration the monies from the State the police department should qualify for that would be coming in next year. The figure that the addition of death benefits of 10,000 (which would be paid no matter how long an employee had worked for the city) would be about 244.15 a month the total by the end of the fiscal year would be about 26,000 for pension plan and death benefits which is less than the figure originally budgeted for this year. Projected net costs should be somewhere around , $3,000 per month. The Council discussed the various aspects of this additional benefit. Councilman Sikes asked what difference in the overall rate the two employees who were clpse to retirement would make. Mr. Ascheral said that older people did effect the rates somewhat. He could check on the difference and make this effective June 1st if the dollar amount is affected. Councilman Sikes made a motion that the Council have Mr. Ascheral present the Council with a letter to supplement the program he has presented this evening giving the cost of insurance effective June 1, 1978 if we eliminate the two employees that will be retiring. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Dietz voted NO. COORDINATORS REPORTS Councilman Rotundo reported that the Police Dept. has purchased a vehicle for the Dog Catcher. The man originally hired for the position is not able to fill this position. A regular CETA employee is not the answer, we need an animal warden who is an officer and can serve a summons or fine people. He recom~ends hiring a police officer for this position. There was a discussion about the cost to the City for extra personnel. Coun~ilman D~etz said that the Council should check with the City Clerk to flnd out lf there are any funds available to pay for extra personnel. Councilman Shell said that they wanted to make the truck route from Ma~go to 16th St. left to India Palm to Indian River Blvd. He also sald that the bulldozer was not working properly but we don't need a bulldozer we need a new backhoe. Possibly the Street and Water Dept. could share the cost of a new backhoe. 4 ~ ~ o o Councilman Dietz made a motion that the Couricil authorize Mr. Shell to draw up the specifications for a backhoe to present to the Council next week. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Shell also asked about the lights on the basketball court. We have the money to do that it should be taken care of. Councilman Sikes said that a house next to the Ship restaurant had been condemned. However, it has not yet been torn down by the owner. The City Attorney said that the City could go ahead and have it torn down if they follow the procedures in the Southern Building Code. We have procedures to do this and then put a lien on the property. Councilman Sikes also asked the Police Chief if thev had started giving tickets for illegal parking at the Park and Pier. The Police Chief said they were issuing warnings. The Mayor suggested that they start giving regular tickets, it has been over two weeks. Councilman Sikes also suggested that the Police Chief call all the policemen in, with their automobiles, (without prior notification) so that the Council can inspect the automobiles. The Council agreed to give each policeman his own car to take care of anticipating that they would last longer this way. The Council should check this to make sure the cars are properly cared for. Councilman Dietz mentioned the County water management proposal. He will work on a resolution that the Council can present to the County. The Council should strongly object to this proposal because it will raise taxes, hurt local businessmen, if you own over two lots you can't alter them in any way, the restrictions are excessive. Mayor Christy reported on a meeting with the Dept. of Transportation. Primarily, the meeting was to discuss the various State, County and municipal roads and the share of taxes each get for maintaining these roads. RESOLUTIONS None ORDINANCES The second reading of Ordinance No. 1004 ORDINANCE AMENDING ORDINANCE NO. 969 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, TO PROVIDE FOR A CHANGE IN THE COMPUTING ANNUAL VACATION LEAME AND ADDING AN ADDITIONAL PAID HOLIDAY, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes 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 Ordinance No. 1005 AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO. 904 BY INCREASING THE SEWER DEVELOPMENT FEE TO $200. REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE. Councilman Shell made a motion that the Council adopt this Ordinance. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz directed the City Clerk to notify the clerical staff and the Building Inspector about the change in impact fees. 5 o o First Reading Ordinance No. 1006 AN ORDINANCE REPEALING SECTION 35 OF THE CHARTER LAWS OF THE CITY OF EDGEWATER, FLORIDA, PERTAINING TO ABSENCES FROM COUNCIL MEETINGS, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Dietz made a motion that the Council adopt this Ordinance. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Sikes voted NO. OLD BUSINESS A letter from the Zoning Board and the Planning Board recommending various zoning changes. Two proposals were made (1) to update the square footage zoning requirements in the Florida Shores area and (2) to change Lots 7,8, 9 Block 2, Riveredge Acres from its present B-4 to R-l -Lots 1,2,3 Block 3 Riveredge Acres from B-4 to R-2 Lots 10, 11, 12 Block 2, Riveredge Acres Lots 20, 21, 22 Block 3, Riveredge Acres to B-3. Councilman Dietz made a motion that the Council authorize the City Clerk to advertise for a Public Hearing on May 22, 1978 at 6:30 P.M. for the zoning changes in Riveredge Acres. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz made a motion that the Council authorize the City Clerk to advertise for a Public Hearing on the change of square footage in the zoning requirements in Florida Shores at 6:00 P.M. on May 22, 1978. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes made a motion that the Council honor the request from the Fire Dept. for $1500 to purchase fire works. This money should come out of the special promotions account. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. NEW BUSINESS A bill from Briley, Wild was presented to the Council. Councilman Dietz made a motion that the Council pay this bill. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz said that the Wildwood subdivision should be paid from General Funds. Councilman Sikes said that a request had been made at City Hall to see an employment application and some personnel files. He asked the City Attorney to advise on this problem. Councilman Shell made a motion to adjourn. Councilman Rotundo seconded .the motion. The meeting was adjourned. Approved this May, 1978 '-~ ~ Mayor ~' MINUTES TAKEN BY: C. Kinsey N. Blazi A~~~ C"ty Clerk ~ 6