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02-26-1979 - Public Hearing/Regular ~ u u ~ p~ "". ~ If/it .il\"'.I'!f'..'.~. . i.:rt..~ .~~i /:. '':Z' . ..!i ,'1 \. f' ..' ... Ii At"!i' ' ~~ CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING February 26, 1979 Mayor Christy called the Public Hearing to order at 6:30 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 City Clerk John Wharton Police Chief Earl Baugh Present Present Present Present Present Present Present Present The Public Hearing was for the purpose of hearing all those interested in the proposal to rezone the B-3 Highway Service District by changing the wording of the Special Exception Paragraph of B-3 District to read: Outdoor display or storage of equipment or material, provided that, in the interest of safety to children and adjacent property owners, outdoor storage sales will be encompassed by a fence or wall at least six (6) feet high; the bottom four feet being sealed and the top two feet being open. Outdoor display, storage or sale of operative automobiles, boat motor and boat trailer sales and service, car washes, mobile home sales provided that an appropriate opaque fence or plant materials be provided to screen adjacent properties where deemed appropriate. Mayor Christy asked if there was anyone in the audience who would like to speak in regards to this proposed change? Mr. Harold Brown, 2101 Indian River Blvd., said that he felt this would create more undue hardship on the business people of Edgewater. Lucille Salmon, (address not clear) asked what kind of arrangements would be made for the run off or drainage. She asked who would make the decision where an opaque fence was appropriate? She also stated that there was no longer any buffer zones between the residential areas and the commercial businesses. Mayor Christy said that the cost of advertising for this Public Hearing was $594.00 for one ad. This hearing was advertised twice. That makes it a total of $1,188.00 for two Public Hearings. He has requested that the Council and the Boards get together to talk this out and improve the situation for the businesses that are already operating in Edgewater and also for the home owners. We keep rewriting Ordinance 880 and we have ~so; many amendments to 880 that the amendments are almost as large as the ordinance. This is a very expensive way of changing this ordinance. Councilman Ledbetter said that they should throw out 880 because it is not worth the paper it is written on. He asked the City Attorney what the Council could do for the people of Edgewater to alleviate the conditions set by Ordinance 880 and go back to Ord. 219 and start over? Originally, there was a commercial line drawn down U.S. 1250 ft. on the East side and 250 ft. on the West side for the length of the town. Now the l.ines are drawn piecemeal with different zones and you don't know where anything is. The businesses that have supported this town for the past 15 years or more should be put back on the landuse plan. Mayor Christy said that the Council has got to do something about this. u Q There were no further questions from the audience or the Council. Councilman Ledbetter made a motion to adjourn the Public Hearing. Councilman Rotundo seconded the motion. The Public Hearing was adjourned. CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING February 26, 1979 Mayor 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 City Clerk John Wharton Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION Councilman Sikes gave the invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Ledbetter made a motion that the Council approve the minutes of the February 19, 1979 regular Council meeting. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Asting made a motion that the Council approve the bills for payment. Councilman Rotundo seconded the motion. Upon roll call the motion. Upon roll call the motion CARRIED 5-0. COMMUNICATIONS The City Clerk read a letter from the Municipal Code Corporation regarding the proposed new Code that has been forwarded for official filing and adoption by the governing board. The Corporation requested a copy of the adopting ordinance with an effective date of at least sixty days after the date of adoption to allow time to print the preliminary pages and adopting ordinance and deliver completed volumes prior to effective date. Mayor Christy said that the Council members had just received their copies and they should take time to study this. The Council agreed to table this until next week. The City Clerk read a letter from Jared, Mulcay & Co. ,Inc. concerning solid waste resource recovery facilities. The letter pointed out the necessity of including financial advisors in project planning and the availability of grants that this company might well be able to assist the City in securing. CounGilman Asting made a motion that the Council discuss this at their workshop on March 6, 1979 and invite a representative of this company to talk to the Council at that time. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. 2 '-J u Councilman Sikes said that he felt that possibly other cities in the area should be included in this presentation. Edgewater is not a large enough city to handle something like this all by themselves. This company is probably interested in a larger area. Councilman Asting said that it would not hurt to get information from him. Any plans we have would be for sometime in the future. COORDI'NATORS REPORTS Councilman Rotundo talked about the Fire District. He plans to have a meeting with Mr. Hetrick, Assistant County Manager, and County Councilman Mann to try and get this on the agenda for the Volusia County Council meeting. Councilman Ledbetter said that an employee in the Street Dept., who had been injured on the job, had been released by the doctor and told he could return to work. However, the employee has called in and said he was still, sick and still under the doctor's care. He would like the Council to decide whether or not this man should remain in the employ of the City. Mayor Christy said that Mrs. Gulbranson has talked with the doctor and the man has not been back for treatment and as far as the doctor was concerned he was released and no further care was necessary. Councilman Asting made a motion that the man be dismissed. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes suggested that they get a statement from the doctor for the personnel records. Councilman Ledbetter asked the City Attorney if the law requires that the City pay the man for the day of the accident and then put him on workmen's compensation or does the City continue his pay? Mr. Woods said that there have been changes in the compensation laws. He will check this out and report back next week. Councilman Ledbetter said that the paving of Mockingbird Lane was being completed. Councilman Sikes asked if the City had purchased the garbage truck? Mayor Christy said that the Attorney had told them they could purchase this without going out for bids according to the ordinance. Mr. Wharton said that they had signed the purchase order. Councilman Asting told the Council that the City has two Class B operators for the Water Plant. He made a motion to appoint Mr. William Feeney as Water Plant Superintendent at a starting salary of $9,880.00 per year. Councilman Rotundo seconded the motion. Councilman Sikes asked what Mr. Feeney's present salary was? Councilman Asting said the present salary was $9,360.00. Councilman Sikes said that if you appoint him at an annual salary you will eliminate his overtime. Councilman Asting said that they were not planning on overtime at this point. They will be operating on a shift basis. The man has agreed to work for this salary and this is a starting salary. Upon roll call the motion CARRIED 5-0. Councilman Asting made a motion to appoint Mr. David Hoover, certified lab technician, as the Laboratory Supervisor. His salary, at the present time, is $9,880 and will remain the same for the time being. Councilman Ledbetter seconded the motion. 3 u o Councilman Sikes asked if Mr. Asting was creating a new position? Councilman Asting said that this would be a new position. Upon roll call the motion CARRIED 5-0. Councilman Asting said that the fire hydrant that was knocked down on February 23, 1979, cost $240.45 to repair. The motorist responsible for this has not been identified but the Police Dept. is working on it. Mr. Woods suggested that the City review the contract with Briley, Wild in view of the fact that we now have a City Engineer. The Council should do this at a workshop session to ascertain what they want Briley, Wild to continue to do for the City and what the City Engineer can do, so that we can give Briley, Wild appropriate notification, under the terms of the contract, if we intend to modify it in any way. Councilman Asting suggested adding this to the Workshop on March 6th. The Council agreed to add this to the Workshop meeting. Mayor Christy said that he had written to Mexico Beach, Fla. for their ordinance on garbage. He will have copies made up for the Council to study. Mayor Christy said that the first aid equipment in the vehicles needs to be updated. We need first aid kits and all the vehicles should be checked to make sure there are kits in all the vehicles and that they are properly filled. After they determine how much more equipment we need, he will want the Council's permission to replace the necessary supplies in the boxes. RESOLUTIONS The City Attorney read Resolution No.79-R-33. A RESOLUTION APPOINTING CHARLES MURPHY AS THE ZONING ENFORCEMENT OFFICIAL FOR 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 The City Attorney read Ordinance No. 79-0-6. This was a second reading by title only. AN ORDINANCE AMENDING ORDINANCE 880 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, TO DELETE ALL REFERENCES IN SAID ORDINANCE TO THE TERM IIPLANNING AND ZONING BOARD" AND BY SUBSTITUTING THE TERM "ZONING BOARD" IN SAID ORDINANCE WITH THE EXCEPTION OF ARTICLE VII OF ORDINANCE 880, WHICH IS HEREBY CHANGED BY SUBSTITUTING THE TERM "PLANNING BOARD AND ZONING BOARD" FOR THE TERM "PLANNING AND ZONING BOARD," REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council Ordinance. Councilman Sikes seconded the motion. the motion CARRIED 3-2. Councilman Ledbetter and Asting voted NO. adopt this Upon roll call Councilman OLD BUSINESS Mayor Christy said that he would like to have a workshop to work out an Animal Control Ordinance. The Council will discuss this next week. Mayor Christy said he had given each of the Council members the rates for street lights, installation and daily costs. 4 o o Councilman Asting made a motion to table this until next week. Councilman Rotundo seconded the motion. Upon roll call the motion Upon roll call the motion CARRIED 5-0. Public Hearing Councilman Ledbetter made a motion that the Council reject the changes in B-3 Special Exceptions. Councilman Asting seconded the motion. Councilman Sikes asked the Mayor to read the recommend changes in B-3 Special Exception. Mayor Christy read the proposed changes to B-3 Special Exception that were stated at the Public Hearing. Mr. Woods said that the Zoning Board had recommended removing specified businesses from permitted use and putting them in the Special Exceptions for B-3 District. Mr. Opal asked what the motion was for? Mayor Christy said that they had just read the proposed change. The motion was to reject this proposal. Upon roll call the motion CARRIED 5-0. Industrial Advisory Board Mr. Woods asked to have this tabled until a later date. He has reviewed the proposed resolution but the Council will have to decide whether or not they want an advisory board in this capacity. Maybe the Council should discuss this at a workshop meeting possibly when they discuss the animal control ordinance. Councilman Asting made a motion that the Council discuss this at a workshop meeting at a later date. Councilman Sikes seconded the motion. The motion CARRIED 5-0. MISCELLANEOUS Mr. Nichols, C.D. Coordinator, asked if it would be alright if he got the funds from the Edgewater School for their share of the weather warning system and deposited it into the City's general fund so that one check (the school IS share and the City's share) would be made out for the total amount of . the system. The City Attorney said that he did not see any reason why we could not do it that way. Mr. Nichols also asked that the money that was to be reimbursed to him for a Civil Defense seminar he attended, be put back into the CD travel fund. This money is being reimbursed by the Federal Government. Mr. Walter Gross asked who was going to help complete the compre- hensive plan? Mayor Christy said that we were going to have to get somebody. Mr. Harold Brown said that the Tax Development Board had requested that any projects such as those for a civic center or recreation be written up and presented to the Board. They will accept and study any worthwhile projects. Mayor Christy said that he would give Mr. Brown a copy of the planned recreation center. Mrs. Martha Rich asked if the workshop meetings were open to the publ ic? Mayor Christy said that all workshops are open to the public. Mrs. Rich also asked if the City had heard about the result of the census that was taken? 5 ~ Q Mayor Christy said that they have not yet heard. Mrs. Rich also said that the boat trailer near Para Palm Motel is on City property and should be removed. Mayor Christy asked the Police Chief to check into this. Mr. Ben Vasquez, 1907 S. Atlantic, New Smyrna Beach stated that he also has a home at 2809 Silver Palm in Edgewater. He is temporarily residing in Edgewater. There are several people in the area that are trapping and caging raccoons. This should be stopped. Mayor Christy asked if he had reported this to the Police Dept. Mr. Vasquez said that he had reported this to the Police and they told him there was no ordinance covering this. Chief Baugh said that the Police had picked up a cage out in Florida Shores. Mr. Woods said that he was sure there were State laws on animal trapping. Mayor Christy said that he would have the Chief check into this and see that it is stopped. NEW BUSINESS The Council considered an application for an occupational license for Lone Star on 200 N. Flagler Ave. This is a concrete block and other construction related products and materials retailer. The Building Official said that this type of business is not a permitted use under the new zoning ordinance. This business has been operating at this location for a long time and is applying for a renewal. Councilman Ledbetter made a motion that the Council approve this license. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The Council considered an application for a Home Occupational license for Richard Bratcher for a plumbing business. Mr. Bratcher wishes to use his resident as an office. Councilman Sikes made a motion that the Council approve this license. Councilman Asting seconded the motion. Mr. Brown said that he could not understand how a plumber could operate out of his home. He would need to keep supplies necessary to his business. Councilman Asting said that this was strictly a telephone service. Councilman Sikes said that a lot of these people rent the mini- warehouses to store their supplies and they use their homes for telephone calls and office work. It is no different than an insurance agent that uses his residential phone as part of his business. Mayor Christy said that the applicant had stated on the application that there would be no storing of supplies or material. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. Councilman Asting said that if there are any reported violations of these applications, the City can shut the business down. Mayor Christy said that we have a listing of all home occupational licenses. The Chief will have to make periodic checks to see what is going on. The Council considered an application for a Home Occupation license for Vernon's Southern Aluminum on W. Knapp near shopping center. The home will be used for business office, no materials will be stored. 6 -- . . -.;ii7 # (j u Mayor Christy said the applicant had also signed the affidavit that is on the application for home occupational licenses. Councilman Sikes asked if we had had an application for a business at the same address but under a different name would we have a cross file on this? Mayor Christy said that we could check this. Councilman Sikes made a motion to table this until next week so that we could get more information. Councilman Ledbetter seconded the motion. Mr. Mackie, Zoning Bd. Chairman, asked what the date was on the application? Mayor Christy said the date on the application was Feb. 26, 1979. Mr. Mackie said that they had approved the home occupational license for a plumber why is this that much different. Mayor Christy said that they handled each one separately and the motion on this application was to table it Ontil next we~k. Mr. Mackie asked what the reason was for tabling this? Mayor Christy said to be checked out for further information. Upon roll call the motion CARRIED 5-0. Mayor Christy said that there was one more item for discussion. The Council had approved a dinner for the volunteer census takers and since Mr. Diamond was no longer with us, they needed to have someone take charge of this. Councilman Sikes suggested that the Chairman of the Planning Bd. might take care of this. nothing to do with He added that if the Nice Place to Mayor Christy said that the Planning Board had this. This was a completely separate project. the Council had no objection, he would contact see if they could set up this dinner. Councilman Ledbetter made a motion to adjourn the meeting. Councilman Rotundo seconded the motion. The meeting was adjourned. Minutes submitted by: ~ \ ~ ~p~ Linda Kirkendoll Nancy Blazi p--~ ATTEST: -l:trYDt1 Counci man City Clerk ,-rtu APPROVED THIS S DAY OF MARCH, 1979. Mayor 7