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01-29-1979 - Regular ~ - Q ~ CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING January 29, 1979 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 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 Excused Present Present Present Present INVOCATION There was a silent invocation. SALUTE TO FLAG APPROVAL OF MINUTES I I I ) I Councilman Asting made a motion that the Council approve the minutes of the January 22, 1979 regular Council meeting. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Ledbetter made a motion that the Council approve these bills for payment. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk requested Council authorization to pay the bills for the interest and principle to Farmer1s Home Administration for $68,410.67. Mr. Woods said that this was a legal obligation and did not ~eed further authorization. CITY ENGINEER - APPLICATIONS FOR EMPLOYMENT Mayor Christy said that the Council members had been given copies of all the applications that had been received in reply to the advertisement for a City Engineer. Mr. Asting said that he had been most favorably impressed DeGroot. He has a Florida State engineer's certificate. that Mr. DeGroot's background seems to be the most suit:ed we have here in the City. Mayor Christy added that Mr. DeGroot was from Jacksonville. His state certification No. is 4274. The City has checked his background in water and sewer and highway drainage systems. Mr. DeGroot will accept a salary of $250. per week or $13,OOO.per year. with Mr. Kenneth He felt to the work Councilman Asting made a motion that the City hire Mr. Kenneth DeGroot as City Engineer effective January 30, 1979. The City Attorney is authorized to draw up the necessary resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. " , o o COMMUNICATIONS The City Clerk read a letter from DER concerning the operation and maintenance inspection and report for Edgewater's Water and Wastewater Plants. Councilman Asting told the Council that a reply had been sent to the DER. He read the reply sent from the City in answer to the DER report. The City Clerk read a letter from the Edgewater School Patrol requesting a donation from the City Council to assist the School Patrol in making a trip to Washington, D.C. Councilman Ledbetter made a motion that the Council donate $150.00 to sponsor a member of the School Patrol. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk read a letter from the D.O.T. regarding the City's responsibility for maintaining the median on U.S. 1 within the City limits. Mayor Christy said that he hopes that the New Smyrna Beach-Edgewater Chamber of Commerce will assist the City in beautifying this area. He hopes to be able to purchase some flowers to make this part of U.S. 1 more attractive. The City Clerk read a letter from Mr. Harold Brown requesting that the City Council issue him a license for a used car business. Councilman Ledbetter made a motion that the Council waiver the Board of Adjustments decision and grant Mr. Brown his license. Councilman Asting seconded the motion. Richard Diamond said that at a joint meeting of the Planning and Zoning Board both Boards voted to send a recommendation to the Board of Adjustments to grant Mr. Brown a Special Exception for a used car lot. He believes that the Board of Adjustments had some question about where the proposed building for this business would be located and also the Board of Adjustments were aware of the Public Hearing on Feb. 5, 1979 that concerned Special Exceptions in B-3 and wanted to wait for a ruling from the Council on this change. The Board of Adjustments recessed Mr. Brown's application until their next regular meeting. William Glaser, Board of Adjustments member, spoke to the Council concerning the Public Hearing on Mr. Brown's application for a license to operate a used car lot. He said that the application was for Lot 2 but that Mr. Brown had told the Board that he might extend this business later on. The Board must make a decision on the application as it is presented. There was also a question on the fact that the proposed building was to be put right on the lot line. According to his interpretation of the ordinance, this would mean that if this lot was sold it would be nonconforming because there are no side yard setbacks. The Board has granted Special Exceptions for used car lots and there were stipulations recommended by the Board such as a buffer zone. These stipulations have not been complied with or enforced. There is, for example, a business in town that was issued a license to sell recreational vehicles and is now selling used cars. He does not believe the Board granted a Special Exception for that business. In the Zoning ordinance there is nothing that says when we don't grant a Special Exception. Therefore, it is up to the Board to decide whether or not to grant a Special Exception. We have granted Special Exceptions in the past with regulations regarding the operation of the business and these regulations have not been enforced. We need to find out the City Council's position on how much and what kind of control they want on these special uses in a specific zone. The Council has to act on any decision of the Board of Adjustments and the Council could act on this request tonight, if they so desire. However, if you are going to have a Board of Adjustments and give them the responsibility of recommending that a Special Exception be granted then the Council should establish some guidelines. Mr. Woods said that the Board of Adjustments has the discretion to approve or disapprove Special Exceptions. This must be done on a case by case basis. The Board must make a decision and the Council cannot 2 o Q \ act o~ ~r. Brown's request until the Board of Adjustments has made a dec1s1on one way or another. You have a di'scretionary function and.unless someon~ ~an prove that the decision was completely ~rb1trary or capr1c1ous by not granting a Special Exception, it 1S very hard to turn over. There was more discussion about Special Exceptions and Mr. Brown's request. Mr. Mackie, Chairman of Zoning Board, spoke to the Council and said that Mr. Brown had declared Lot 2 as an individual Lot and both the Planning and Zoning Board had quite a discussion about the location of the proposed building on this Lot. He added that Mr. Brown had indicated he could get a permit for this building. The Boards gave their recommendation for the used car lot and specified that he had to follow the regulations of Ordinance 880. Th~ Board of Adjustments was also concerned about this building be1ng on the lot line. They recessed their meeting to get more information and study the application and they will make their decision at their next meeting. That is what the whole system is all about. Councilman Rotundo withdrew his second on the advice of the City Attorney. Mr. Brown spoke to the Council and questioned why these various Boards make decisions on whether or not the building is legal. He asked for a permit for a used car lot. The Building Inspector said that the building would be legal. Mr. Diamond told the Council that if Mr. Brown was applying on the basis of one building site (Lot 2) rather than considering the area under total ownership, then the building would have to conform to 880 because the one Lot with the building on the line would be nonconforming. It had been his understanding before that Mr. Brown was considering both Lots 1 & 2. Mr. Brown said he could not understand what the issuance of a license for a used car lot had to do with a bu;.lding permit to put a building on that lot. Mr. Woods said that the Board of Adjustments has to consider the zoning laws when they grant a variance or Special Exception. Councilman Asting made a motion that the Council ask the City Clerk to contact Mr. Millard, Chairman of the Board of Adjustments, to request that the Board reconvene their meeting, the week of Jan. 29, 1979, for the purpose of giving the Board's recommendation on Mr. Brown's application for a used car lot. Councilman Ledbetter withdrew his original motion and seconded Councilman Asting's motion. Upon roll call the motion CARRIED 4-0. The City Clerk read a letter from the Planning Board requesting that two members be appointed to the Board to replace members who have resigned or who are no longer active on the Board. Councilman Ledbetter made a motion that the Council appoint Mr. Harold Brown and Mr. Milan Griffith to the Planning Board. Councilman Asting seconded the motion. Upon roll call the'motion CARRIED 4-0. Mr. Brown and Mr. Griffith will resign from the Building Code Board. The City Clerk read a letter from the Planning Board and the Zoning Board requesting that the Council amend Ordinance 880 to change all reference to the Zoning and Planning Board to read Zoning Board only with the exception of Article VII Section 715 (Site Plan Approval) which would be changed to refer to the Planning Board and Zoning Board. Councilman Rotundo made a motion that the Council accept the tion of these Boards and authorize the City Attorney to draw necessary ordinance. Councilman Asting seconded the motion. call the motion CARRIED 4-0. recommenda- up the Upon roll 3 o ~ The City Clerk read a letter from Mr. John Stearns requesting that he not be charged sewage costs on filling Aqua Park Swim Pool. Mayor Christy said that Ordinance 1012 grants that request. Mr. Stearns will contact the Mayor later this week to set up the arrangements for filling the pool. No motion was necessary on this request. The City Clerk read a letter from Mr. H. Conlin requesting some action on his request for a license to operate a cabinet shop in the I-I area. The application for the license was not approved because this is not a permitted use in I-I. The Council discussed sending this to the Zoning Board for some recommendation as to the possibility of adding this to permitted uses. Councilman Rotundo made a motion that the Council table this request until they get an answer from the Zoning Board. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. There was also another request (under New Business) for a similar type operation in I-I. This application will also be sent to the Zoning Board for review. Mayor Christy said that he wanted to get some of these permitted uses straightened out. We are running businesses out of the City because we make it so difficult for people to open a business in this City. Mr. Diamond said there are many businesses in operation in the City which are not permitted under the present zoning in the district they are in and in some cases not in any district in the City. The permitted uses under most of the commercial classifications are severely limited and the Zoning Board intends to review all the permitted uses especially in the commercial zones and make their recommendations to correct this problem. The City Clerk read a letter from the Florida League of Cities concerning the conference to be held in Tallahassee on February 15 and 16, 1979. Councilman Ledbetter made a motion that the Council authorize Mayor Christy to attend this conference. Councilman Asting seconded the motion. Upon .roll call the motion CARRIED 4-0. The City Clerk read a letter from Volusia County, Civil Defense Div. regarding the radio warning equipment that was to have been purchased with federal matching funds. The funds have been disapproved due to a shortage and they will not be able to purchase this equip- ment at this time. Councilman .Rotundo said he believed this was to have been put in the school. If it is only a difference of $92.50, it would be money well spent for the City to purchase this equipment. Council Asting made a motion that the Council table this until next week. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk read a letter concerning home occupations in RIB and R2B. The writer of the letter was not clearly identified and there was no return address. The letter cited construction companies that were storing equipment in a residential area. Mayor Christy said that the Police Chief will check this out and report back to the Council. The City Clerk read a letter from Briley, Wild concerning the hookup of a water line to the new water plant. This was for Council information only. 4 o o COORDINATORS REPORTS Councilman Rotundo did not have a report. Councilman Ledbetter did not have a report. Councilman Asting said that he had scheduled a meeting with Briley, Wild on Wednesday at 10:00 a.m. to discuss the feasibility of the re-carbonation unit for the water plant. Mr. DeGroot will also attend and Supervisor Bosse and a chief operator from the Water Plant. Councilman Asting asked for Council authorization to send employees to an Operator's School sponsored by the DER in Daytona, February 6, 7 and 8. The total cost will be $186.00. There was a Council discussion about this school and the employees that would be attending the course. Councilman Asting made a motion that the Council authorize the expenditure of money for this school. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Asting also said that he has been looking into the possibility of obtaining public transportation for Edgewater. He will report to the Council as soon as he has more information. Mr. Woods said that the Council had requested information on Ordinance 400. The ordinance does not authorize a specific bank as a depository. It states that any authorized FDIC bank can be used. This was for Council information. Mr. Wharton had no report. Mayor Christ~ had no report. RESOLUTIONS The City Attorney read Resolution No. 78-R-28. A RESOLUTION APPOINTING RICHARD DIAMOND AS THE ZONING ENFORCEMENT OFFICIAL FOR THE CITY OF EDGEWATER, FLORIDA, 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 4-0. Mr. Walter Gross asked if this was a new position and if it involved a salary? Mayor Christy said that the City had designated Mr. Diamond as the Zoning Enforcement Official in place of Charles Murphy and that there was no salary involved in this position. The City Attorney read Resolution No. 78-R-29. A RESOLUTION APPOINTING KAREN RICKELMAN TO THE MERIT BOARD OF THE CITY OF EDGEWATER, FLORIDA, AS THE EMPLOYEE'S REPRESENTATIVE ON THE MERIT BOARD 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 Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. ORDINANCES None. Mayor Christy said that he had forgotten something he meant to bring up under his Coordinators Report. There will be a national conference and seminar of City Planners in Miami on March 4 through 7, 1979. The total cost would be $307.00. He would like the Council to authorize sending Mr. Diamond to this conference. Mr. Diamond will be able to obtain a lot of information that would be useful to him as City Planner and to the City especially in the area of development grants. 5 o o C?uncilman Rotundo m~de a motion that the Council authorize Mr. Dla~ond to attend thlS conference. Councilman Asting seconded the motlon. Upon roll call the motion CARRIED 4-0. OLD BUSINESS PBA: Mr. Woods said that he had the PBA contract which he has reviewed on behal~ of.the City. There was some question about the legality of enterlng lnto a two year contract. He has furnished the Council with copies of Section ,63 of the City's Charter Laws. Mr. Woods read this section and then said that he believed that, in his opinion, we could legally enter into a two year contract with the PBA. Councilman Rotundo made a motion that the Council accept this contract retroactive to January 1, 1979 to September 31, 1979 and from October 1, 1979 through September 31, 1980. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. Mr. Frank Opal talked to the Council about recent PBA contracts that have been signed in Orlando. Councilman Ledbetter said that he wanted the record to show that he will vote for the 10% that is in the budget now and will vote for the contract but he is uncertain about the next year's budget because it is committing unappropriated funds. Trash Pick Up Councilman Ledbetter said that we should go by Ordinance 611 that sets the size and type of trash the City will pick up. Councilman Rotundo said that should be published in the paper. Councilman Asting wanted to know if the City would charge for extra pickup. Councilman Ledbetter said they should if it is not a regular pickup. Councilman Rotundo said we should not get into that kind of a business. Mayor Christy said that if the trash to be picked up does not comply with Ordinance 611,the people will have to make other arrangements to have it picked up. Councilman Asting said that this would have to be done through private collection services. 208 Planning Grant This concerns allottinq $1,019.00 to Volusia Council of Governments as the City's share in the planning grant. Councilman Rotundo made a motion that the 208 Planning Grant and appropriate $1,019 Councilman Ledbetter seconded the motion. CARRIED 4-0. City participate in the in next year's budget. Upon roll call the motion ~ Workshop for Job Classification and Wage Scale The Council agreed to set up a workshop on February 13, 1979 at 6:30 P.M. in City Hall. The Merit Board will be asked to attend. Mrs. Louise Martin, Chairman of Merit Board, said that the Merit Ord. stated what the Merit Board was supposed to do in connection with the personnel program. The Merit Board understood that they were supposed to recommend procedures for the administration of the personnel program, classification and qualifications of employees, etc. to the Council. She believes that this should have been the job of the Merit Board. However, since the Council has decided to do this, she is pleased that they will include the Merit Board. 6 ..; o o Mr. Walter Gross, a member of the Merit Board, said that the Merit Board went over the Merit Ordinance with the City Attorney, and the Merit Board had started getting the information that was necessary for them to do the job as stated in the Ordinance. They wanted to hold a meeting with the City Council, City Attorney and City Clerk to straighten out some of the problems that the Merit Board feels is their responsibility and to make recommendations to the Council. He added that the employee representative who also acted as their secretary had been replaced by another representative, according to the one term which is as it should be but they would like to retain a secretary and he is positive that is in the ordinance that they should have a secretary. He also asked about the letter that was supposed to be sent to the employees from the Merit Board informing the employees about the Merit Board activities and member- ship. Mayor Christy said that Mr. Wharton had showed him the letter and he requested that they talk with the Chairman of the Merit Board and he would also like to have the City Attorney look at it. Mr. Gross said that the Merit Board had started to get job descriptions as the first step in preparing classifications to present to the Council. We had Council approval to get this information. Mayor Christy said that the City Clerk will set up an appointment with the Merit Board Chairman. The Merit Board has been invited to attend the:"workshop and we should be able to straighten out some of these problems. New License Application Forms Mr. Diamond has presented the Council with copies of new forms for Occupational and Home Occupational. Mr. Diamond said that he would like to add on the Occupational License a final question on off street parking. Councilman Astinq made a motion that the Council table these forms until next week to give them a chance to study them more. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Asting added that he would like the forms to be given a number and dated. MISCELLANEOUS Mr. Opal asked when the letter to the Auditor General would be sent. Mayor Christy said that the letter was sent today. Councilman Ledbetter made a motion to adjourn. seconded the motion. The meeting was adjourned. Councilman Asting Approved this 5"# day of February, 1979. ~' ~ <J Minutes submitted by: Nancy Blazi ATTEST: "~~ 0J:y Clerk No //'}/SJrN r - f14- 7