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04-09-1979 - Regular I f u u A""I"~ "f f:'1"~ 'l' "J .." /';~ ~ ~ , ~ ",'" ....... " , "''''' t, .~- 'J") '.." ~ "", !::.-...,., . '~ t ;;/;: t:)' :,{ ;:1 'Pt".l~'i.!.;.~", ' !;kl\ /'/ .f:}i, (ii t/.:! .t."). \g~, /j'~ I;."'~ .,. I"., '4f 'lot :-'1'" 'il I~ t~~ ;i7:t ~~'f: CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING April 9, 1979 Mayor Robert H. Christy called the regular meeting of the City Council to order at 7:00 P.M. in the Edgewater Community Center. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman Walter B. Sikes Councilman Neil J. Asting City Attorney Judson Woods Deputy City Clerk Cornelia Kinsey Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION There was a silent invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Asting made a motion that the Council approve the minutes of the regular Council meeting of April 2, 1979. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Sikes voted NO (due to absence from meeting). BILLS AND ACCOUNTS Councilman Sikes made a motion that the Council approve the bills for payment. Councilman Rotundo seconded the motion. Councilman Ledbetter asked about the bill to New Smyrna Custom Cabinets. Councilman Asting said that was for shelves in the new Water Dept. office. Councilman Sikes asked about the bill to Mayor Christy for $60.00. Mayor Christy said that he had ordered some loud speakers for the Community Center. The speakers had been delivered and he had promised that they would be paid for last week. The bill did not go on the computer last week and Mayor Christy paid the bill from his own pocket and this was to reimburse him for that payment. There was some)question about whether a-number was 8.000. o~ 3,000., it was not too clear on the copy. Mrs. Kinsey said that she was quite sure it was an 8 not a 3. The total for the bills was $12,000. Mr. Frank Opal, Pine Tree Dr., spoke about the $60.00 to the Mayor. He wanted to know if there was a purchase order. He asked the Mayor what the name was of the person the speakers were purchased from. Mayor Christy said that if Mr. Opal came to City Hall in the morning, he would give him that information. Mr. Opal continued his questioning. Mayor Christy said he did not have the name with him. He requested that Mr. Opal sit down. Mr. James Cameron, Riverside Dr., asked if the Mayor was the supplier of this item. r o o Mayor Christy said that he was not the supplier. Mr. Cameron questioned why the city would be paying the Mayor and not the supplier. Mayor Christy said that he had already explained the situation. It was not put on the accounts. The lady came to get her money and it was not ready so he paid her out of his own pocket and this money is to reimburse him. Mr. Cameron questioned whether or not this was normal procedure for the Mayor to pay bills out of his own pocket. Mayor Christy said he had promised the lady her money and wanted to keep that promise. Mr. Cameron asked if this purchase had been approved by the Council. Mayor Christy said that the Council would approve this reimbursement when they approved tonight's bills and accounts. The Council had authorized the purchase of speakers for the Community Center. However, he wants the record to now show that he would keep the merchandise himself and the city can go out and buy new speakers themselves. Councilman Sikes said the only reason he had questioned this expense was because the Mayor does have a travel and perdiem expense fund and this item had not been charged against that fund. He had thought possibly a mistake had been made in accounting and it was being charged to the wrong fund. Mayor Christy said that he had planned to put the new speakers in the back of the Community Center to improve the sound system. However, he does not want these speakers used in the Community Center now and since he paid for them he will keep them himself. The Council should deduct the $60.00 from the total bills and someone else can worry about the sound system. The total of the bills was corrected to $12,870.31. Upon roll call the motion to pay CARRIED 5-0. PROCLAMATION Mayor Christy read a proclamation regarding Realtors and Real Estate Week that will be celebrated from April 15 through April 21, 1979. COMMUNICATIONS The Deputy City Clerk read a letter from Mr. Ed Webb concerning the payment of utility bills. Mr. Webb stated that it is often difficult for many of the citizens of Edgewater to go out of Edgewater to pay their utility bills. He wanted the Council to consider setting up ways that people could pay all their utility bills locally. Mrs. Kinsey said that she had contacted Southern Bell about this matter and they are already in the process of setting up a substation for payment of phone bills in Edgewater. The Florida Power and Light Co., told Mrs. Kinsey that they usually wait until someone contacts them with an offer to collect electric bills. The Council discussed this subject. It was generally agreed that the City could contact the local bank, drugstore or possibly some other establishment and find out if they would be ~/illin9 to set up a substation for the collection of electric bills. The Deputy City Clerk read a letter from Ponce Inlet reaardinq the next Volusia League of Municipalities Dinner. Ponce Inlet is hosting this dinner and would like reservations from the Council members, if they plan to attend. The Council members will let Mrs. Kinsey know if they plan to attend this dinner so that she can make the necessary reservations. The Deputy City Clerk read a letter from Mr. Richard Morris concerning the lights at the handball and tennis courts. Mr. Morris spoke to the Council and said that he did not understand why these lights had been turned off. There are a lot of residents that work and the only time they can use the courts is early evening. 2 u Q Mayor Christy said that on January 22, 1979, the Council had voted to have the lights turned off until repairs could be made to the courts. He has not been able to get these repairs completed. In order to get the work done sooner, it would be necessary to hire a professional fence company to come in here and do the work. The cost should be approximately $765.00. Councilman Sikes made a motion that the Mayor be authorized to spend up to $1,000. to expedite repairs of the tennis and racquet ball courts. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0.. Councilman Ledbetter said that the area should be policed more often and if the vandalism continues the city should take all the fences down and let the balls go where they want to. Mr. Opal said that the Council should make people sign for the key and be responsible for any damage to the courts. The Deputy City Clerk read a letter from the Board of Adjustment concerning the revocation of Mr. Brown1s Special Exception (Res. 79-R-35). The letter stated that due to the fact that Mr. Brown had chosen to ignore the conditions set in the Special Exception specifically the 20' side set back of the building, the Building Official had canceled the building permit. The Board reviewed Mr. Brown's case and could find no reason why he should build on the lot line.in violation of the conditions set in the Special Exception. The Board voted 5-0 to revoke Mr. Brown's Special Exception to operate a used car lot. Mr. Woods, City.Attorney, said that he attended that meeting of the Board of Adjustment and the letter from the Board clearly states what transpired at that meeting and what has taken place concerning this case prior to that meeting. The City of Edgewater has a unique situation in that the Board of Adjustment's decisions are subject to final approval by the City Council in accordance with Ordinance 923 which was adopted 5/22/75. When a Board of Adjustment makes a decision in most cities, the only appeal for the applicant would be to the circuit court. However, under our ordinance, Mr. Brown can appeal to the City Council on this decision. The City Council can accept or reject the recommendation of the Board of Adjustment. Mr. Brown said that he would like the Council to reject this recommendation of the Board. It is unfair and there is no reason for it. Councilman Asting said that the City Council had approved the granting of this Special Exception, with the specified conditions, by Res. 79-R-35. Councilman Ledbetter said that there were a lot of buildings in town that have been built on lot lines. Mr. Brown owns about half a block in that area and yet we are asking him to put this building 201 from the lot line on his own land. Mr. Ledbetter made a motion that the Council allow Mr. Brown the variance he is requesting to build on the lot line. Councilman Sikes seconded the motion for discussion. Councilman Rotundo said that both the Board of Adjustment and the Zoning Board have worked on this case and if we turn down their recommendation we are turning our Boards down. Councilman Ledbetter questioned why one man is forced to set back 201 and other people build right to the lot line. Mr. Sikes asked what the distance was between Mr. Brown's Air Conditioning building and the new building. Mr. Brown said you could drive a tractor trailer through there with room to spare. There was further discussion about the setback. Mr. Millard, Chairman of the Board of Adjustment, spoke to the Council. He stated that the Board had spent a great deal of time on this one case. The conditions that were set on the Special Exception were agreed to by Mr. Brown. There is no clause in the Zoning Ordinance that allows him to build on the lot line. 3 Q o Councilman Sikes asked about putting a row of buildings on that lot. Mr. Woods said that might be allowed but the present case deals with a Special Exception granted with conditions and one of the conditions was the 20' side set back. Mr. Brown argued that his property line extended from north of the aid conditioning building to Magnolia St. Councilman Asting said that he believed the Special Exception was granted for only a particular lot. Mr. Millard said that he did not believe they should retry this case again at the Council meeting. Mr. Mackie, Chairman of the Zoning Board, told the Council that both the Zoning Board and the Planning Board had also felt that the building should be located 20' from the lot line. If Mr. Brown ever wanted to sell this one lot it would immediately be a non-conforming lot. Mr. Brown said that if it was illegal why was he given a building permit to put his building on the lot line? There was more discussion concerning this Special Exception and the conditions attached to the granting of the Special Exception. Mr. Opal said that the motion overrides the Board of Adjustment. We might just as well throw out Ordinance 880. Mr. Millard said that the Building Official had said that upon review of Mr. Brown's permit, it was unfortunately issued in error. Mayor Christy called for a vote on the motion to allow Mr. Brown to finish his building where it is presently located. Upon roll call the motion DID NOT CARRY 4-1. Councilman Ledbetter voted YES. Councilman Sikes made a motion that Mr. Brown be allowed to continue his Special Exception according to Res. 79-R-35 as long as he -abides by the conditions set in that resolution. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The Deputy City Clerk read a letter from the Zoning Board. The Zoning Board made the following recommendations to the Council. 1. To deny an application to allow triplex units to be built on 15,000 sq. ft. in the R-4 Multi Family Zone. 2. To~add"~lobdworl<tng.:as a Permitted-Use in 1-1,1'-2, 1-3, max,. 10,000 sq. "ft.: building. 3. To change B-1 to B-3 and add the following Permitted Uses to B-3: Beauty Shops and Barber Shops Pool Room Wholesale and Retail Stores Automotive Electrical Repairs Delicatessens Florist Hardware Drugstore and Pharmacy Quick Food Stores Offices (General) Also under Special Exception: New Car Cabinet Shops (max. 5,000 sq. ftJ Printing Shops Labs (biological, dental, medical) not manufacturing Professional Offices (medical, dental, etc. ) Medical E~ Dental Clinics Garden Supplies & Equipment Hobby Stores Auto Service Center Branch Banks Dealership. 4. Add Miniwarehouses as Permitted Use in B-2. 5. Change Seahorse Mobile Park from B-3 and R-3 to MH-l except front 1451 which would remain B-3. Owner must start conforming to 880 within 1 year. 6. Change zoning of Lone Star property from 1-3 to 1-2. Councilman Ledbetter made a motion that the Council accept the Zoning Board recommendations. Councilman Rotundo seconded the motion. There was some discussion about the New Car dealership and whether or not it would include used cars. 4 o o ~ Mr. Siciliano said that most new car dealers sell used cars as well. The Board already has put used cars under Special Exception. The City Attorney, Mr. Woods, said that possibly this should be clearer. Upon roll call the motion to accept the Zoning Board recommendations CARRIED 5-0. The City Attorney said that the Council would have to hold a Public Hearing on these changes. He will get together with the Deputy City Clerk to set up a date and handle the legal advertising. COORDINATORS REPORTS Councilman Rotundo:said that the Police Dept. needs a copying machine. He would like to make a motion to authorize the rental of a copying machine for $70.00 per mo. There was a discussion about various types of machines and the different cost. Mr. Woods suggested that the Police Chief check into some other types of copying machines and try to get the best deal. Councilman Rotundo withdrew his motion. The Chief will report back to the Council on this matter next week. Councilman Rotundo made a motion that the Council authorize the purchase of a 35MM camera for the Police Dept. The cost is approximately $350.00 Councilman Sikes seconded the motion. There was a discussion about the necessity for this camera and the training of personnel to use the camera. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter: One of the CETA employees in the St. Dept. has violated the Dept. of Labor regulations concerning applying for a job. Mrs. Goodrich was sent out on a job interview and refused the job. The second job interview she accepted the job but failed to report this to the Dept. Supervisor and then did not report to her new job. Mayor Christy read a letter from the CETA Administration that stated this action constituted a violation and would be grounds for termination. Councilman Ledbetter made a motion that Mrs. Goodrich's employment with the city be terminated effective Thursday. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Mr. Opal mentioned the firing of Mrs. Ruth Ruppert. Mayor Christy said that Mrs. Ruppert was not fired, the position was deleted. The Department Head authorized this. Mr. Opal said that it was the Mayor who did this. Mrs. Mackie asked if Mrs. Gulbranson was a CETA worker. Mayor Christy said that Mrs. Gulbranson was a regular city employee. She gets compensation for the time she puts in filling out the paperwork necessary for CETA programs. Councilman Sikes: made a motion that the Council authorize the removal and use of historical documents from the Library for a historical exhibit. He said he would be responsible for this material. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes also said that he would like the St. Dept. to check on Hardin St. there is a bad drop off on the edge of the street. Councilman Asting: asked the City Attorney if he had heard from McMahon concerning damages that the company was responsible for. Mr. Woods said that he had spoken with Mr. DeLoach. They have money still in' reserve and this should be taken care of soon. 5 o o Councilman Asting reported that repairs have begun on the Cantex unit at the sewer plant. He also spoke about the recent problem with the water in the City. The Water Dept. was hooking up the lines to the new water plant and there were some problems caused by faulty installation of materials by the contractor. The contractor is res~8nsible for these problems not the city. Also the recarbonation unit will be installed this week. Councilman Ledbetter asked Councilman Asting what the cost was to hookup to water for a resident living in a house already existing before the water lines were put in. Councilman Asting said that we charge a $225. hookup plus $30. deposit. Mayor Christy asked Councilman Asting if it would be possible for the Water Dept. to notify him when there are problems like last week and the city is without water. Councilman Asting said that the Water Dept. had no way of knowing they were going to run into this kind of trouble. It was the fault of the contractors and the department could not anticipate this problem. Mayor Christy called a brief recess. Meeting called back to order. Mayor Christy told the Council he would like their authorization to register as a lobbyist in Tallahassee primarily to work on getting municipal courts back where they belong. He would like the Council to think about this and give him an answer next week. RESOLUTIONS The City Attorney read Resolution No. 79-R-40. A RESOLUTION GRANTING A VARIANCE TO JACQUES SWART FOR THE PURPOSE OF BUILDING A SINGLE FAMILY RESIDENCE ON LOT 1, PARKWOOD SUBDIVISION, AS PER MAP BOOK 8, PAGE 297 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this resolution. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Mrs. Alice Murphy, Riverside Drive, wanted to know if this property was on the east side of Riverside. Mr. Woods said that the property was on the west side on the corner of Parkwood and Riverside. The City Attorney read Resolution No. 79-R-41. A RESOLUTION GRANTING A SPECIAL EXCEPTION TO MICHAEL LOESCHER AND CHRISTINE LOESCHER FOR THE PURPOSE OF SETTING UP A USED CAR LOT AT 1515 SOUTH RIDGEWOOD AVENUE, EDGEWATER, FLORIDA: PROVIDING FOR CERTAIN CONDITIONS FOR THE GRANTING OF THE SPECIAL EXCEPTION, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Astina made a motion that the Council adopt this resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read Resolution No. 79-R-42. A RESOLUTION GRANTING A VARIANCE TO THOMAS LOVELAND TO EXTEND A WALL OF HIS HOUSE 41 INCHES FOR THE PURPOSE OF ENLARGING A ROOM, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council adopt this resolution. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. 6 o o The City Attorney read Resolution No. 79-R-43. A RESOLUTION AWARDING A BID TO S.O.U.S. IN THE AMOUNT OF $10,076 FOR THE PURPOSE OF PIPE TO BE USED BY THE WATER AND SEWER DEPARTMENT OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE~DATE. Councilman Ledbetter made a motion that the Council adopt this resolution. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCES None OLD BUSINESS The Council discussed the application by George Smith for a business in B-3 (Painting and Roofing). This license application was tabled from last week so that more information could be put on the application. Councilman Rotundo made a motion that the Council grant a 90 day license subject to changes in 880. Councilman Ledbetter seconded the motion. Mr. Mackie questioned whether or not the Council could grant temporary licenses. He understood that there were no temporary licenses. Mr. Woods said that based on the fact that we anticipate making zoning changes, the Council could grant a temporary license so that this man could open his business. The Zoning Board is working on these changes to try and help the businessman. Mrs. Murphy asked the Council what would happen if this permitted use did not pass? Mayor Christy said that the licenses would be canceled. Upon roll call the motion CARRIED 5-0. The Council discussed the change in computer program presented by May, Zima. Mrs. Kinsey said that this change does not constitute an extra cost. Councilman Ledbetter made a motion that the Council authorize the Mayor to sign permission for May, Zima to make these computer changes. Councilman Sikes seconded the motion. Mr. Fredericks, Riverside Dr., asked how much the computer costs each month. Councilman Sikes said that we have a maintenance contract for $300.00 a month. He did not know the cost of the paper and other materials used by the computer. Upon roll call the motion CARRIED 5-0. The Council discussed the two appointments to the Merit Board. They will have some names to present next week for possible appointment to the Merit Board. The Council discussed appointments to the Industrial Advisory Board. Councilman Rotundo recommended Mr. Bassett, Orange Ave., and Mr. Siciliano, Lee Dr. There was a brief discussion about whether someone could serve on two boards at the same time. Mr. Siciliano is on the Zoning Board. The City Attorney said he did not know of anything in our charter that prevented this. 7 o Q Councilman Asting recommended Mr. Robert Witzig, Florida Shores, and Mrs. Irene Mackie, Riverside Dr. as members of the Industrial Advisory Board. Mayor Christy recommended Mrs. Doris Massey. Councilman Sikes said that Mrs. Massey was not a resident of Edgewater. Mayor Christy withdrew his recommendation of Mrs. Massey the name of Mr. John Gross,N. Riverside Dr. and added Councilman Sikes made a motion to table these appointments until next week so that all the Councilmen can make recommendations to this board. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The next item under Old Business was Employee Cost of Living Raise. Councilman Asting said that it was not really a cost of living raise, it is for employees who have not had a raise in some time. Mayor Christy said that the motion last week was for a cost of living ralse not to exceed 7%, to be the same for all employees and not to extend to employees on probation. The Council discussed the fact that most employees had recently received some raises including the Police Dept. that received a 10% raise after the PBA negotiations. Councilman Sikes'asked if!ltheYwere planning to give employees an additional 7% raise or are they planning to bring the total raise up to 7% for those people who did not get that much of a raise? Mayor Christy said the original motion was for a raise for all employees. It was not to exceed 7%. Councilman Sikes said that if this was 7% on top of the raises they had just given he would not vote for that. He does not like across the board ralses. An employee should be paid when he is doing a good job. We should raise the employees up to a more decent raise then if we want to have a cost of living salary increase that is a different story. Mayor Christy said that too many employees are not receiving a decent wage. Councilman Sikes asked if the Police Dept. would be included. Councilman Rotundo said that the budget was not big. enough for this. Councilman Sikes said that there should be money in that budget for merit increases. Councilman Asting said that this was discussed at the time of the PBA negotiations. Some of the younger officers should be as qualified, after a certain period of time, as the old timers and their pay should be brought up to be more equal. Chief Baugh said that with the budget that was set up prior to negotiations, they could only go for a certain amount of money. He added that they should be getting some money back on an insurance program about $7,000. This would give him more money to possibly give some merit raises. Councilman Asting made a motion that the personnel in the Water and Wastewater Dept. receive a 7% pay increase. Councilman Ledbetter seconded the motion. Councilman Sikes asked if these people had received any salary increases so far this year. Councilman Asting said that some of the people had, especially as they finished probation. Mrs. Mackie spoke to the Council concerning ralslng everybody up to 7% when some people may be doing more work than others. A 7% raise across the board is unfair 8 o o Mr. Fredericks said that the President had said to hold raises to 7% and now it sounds like some of the employees may be getting a 10% or 12% raise. Mayor Christy said that the Police Dept. got a 10% raise. That Dept. had not had a raise in some time. Mr. Siciliano said that the Council should not tie in a cost of living raise with other raises. An employee is entitled to a raise as he progresses. A cost of living raise is tied into the economy. The two should not be combined. Mr. Frank Opal asked if this was an across the board raise or only for certain departments. Mayor Christy said that the motion on the floor is for a raise for the Water and Sewer Dept. Upon roll call the motion CARRIED 5-0. Councilman Sikes made a motion that City Hall personnel be given a 7% raise, not to exceed a 7% raise, deducting from that any raise given from March 15, 1979. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion that the same thing extend to the Street and Garbage Dept. -(same as Mr. Sikes). Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Rotundo made a motion that the Council raise the Police Chief's salary $600.00 more. Councilman Ledbetter seconded the motion. Mr. Opal said that was a 10% raise. Mayor Christy said that they'are not discussing any percentage. The motion was to raise the Chief's salary, it was in his original contract that he would get this. Upon roll call the motion CARRIED 5-0. AUDIENCE MISCELLANEOUS Mr. Opal spoke to the Council about Ruth Ruppert. Did you say her time expired? Mayor Christy said that he did not say that. You did not hear what I said. Mr. Opal said that he had heard the Mayor and it is on tape. He also read an item from the Orlando paper referring to the City Council getting upset about "nasty mail" from their constituents and want to pass a law against this. Mr. Opal said that article went on talking about police investigations, etc. He added that he had made a statement about the Mayor's T.V. appearance. Mr. Siciliano said that he had attended the VCOG meeting and that the Storm Water Management Ordinance was mentioned. It is due 18 months after Sept. Mayor Christy said that was from last Sept. He has talked with a man about that and we are supposed to get an extension due to the fact that we do not presently have a City Planner. He added that the Council will be interviewing an applicant for City Planner at City Hall tomorrow night at 6:00 P.M. before the Council Workshop on Zoning. Also he has an appointment with Miss Meadows who wrote to the City about using Edgewater for research on her thesis on urban planning. NEW BUSINESS The Council considered an application for a Home Occupational License, from Mr. John Griswold as a carpenter. Mr. Griswold's home is in a B-3 area. Councilman Ledbetter made a motion to grant this Home Occupational License. Councilman Sikes seconded the motion. 9 o (.) Mr. Mackie questioned why this was a Home Occupational License for a B-3 Zone. Mayor Christy said that obviously the man1s residence was at this address. This is another of the problems in zoning. We have residences in commercial areas. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion to adjourn. Councilman Rotundo seconded the motion. The meeting was adjourned. ATTEST: e~-~ . / Deputy City Cle~~ ~ Approved this;l~ day of April, 1979. ~ _/~ ~~- .. ~1ayor ~ Mayor ---~ Q):.~t f?~lI~ Co .nVilman ~~1::J Councilman 10 ~~~ F ~. ~ 7j--w