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05-07-1979 - Regular , .\ C) o 4,:',.~ ~- 'J:~ ,:'~~ 8;.'" , . [i. ....I,~L~: .~& V/jAu/*J;J .Xi'. f2!l},.. ~>' .~ ',.r .~~' r ifjj ~ b'it,1J . CITY OF EDGEWATER REGULAR COUNCIL MEETING May 7, 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 Deputy City Clerk Cornelia Kinsey Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION There was a brief silent invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Asting made a motion that the Council approve the minutes of the April 30, 1979 Council Meeting. Councilman Rotundo seconded the motion., Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO due to absence. BILLS AND ACCOUNTS Councilman Rotundo made a motion that the Council approve the bills for payment. Councilman Asting seconded the motion. Councilman Sikes asked about the expense for a Police car. Councilman Rotundo said that this was to replace a front end in one of the cars. Councilman Sikes said he would like to call the Council's attention to the bill from Brent Millikan for the special audit of the WjWW funds was $1,276.75 for two weeks work and this was not the complete bill. Upon roll call the motion to pay the bills CARRIED 4-1. Councilman Sikes voted NO. Mayor Christy read two proclamations. The first proclamation was for Municipal Clerk's Week May 13 through May 19. The second proclamation was for ABWA Scholarship month. C 0 ~1 M U N I CAT ION S The Deputy City Clerk read a letter from the Zoning Board requesting' authorization for the City Attorney to work with the Zoning Board to draw up an amendment to Ordinance 880 that would rezone present non-conforming mobile home parks to MH-S so that they would conform, under the new category, with the zoning ordinance. Councilman Ledbetter made a motion that the Council authorize the preparation of the amending ordinance. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter said that for the record, he would file a conflict of interest form to be attached to the minutes of this meeting. '~ o o Councilman Asting said that he would also like to add an amendment to Ordinance 880 to permit offices (general) in B-3. Mayor Christy suggested this should be discussed at next week's Public Hearing. The Deputy City Clerk read a letter from the Zoning Board regarding two lots that Mr. Richard Bartholomew owns in an R-2 area adjacent to Wolfe's Trailer Park. The Zoning Board recommends that the Council approve building permits for these two lots provided they are in compliance with R-2 zoning. Councilman Ledbetter made a motion that the Council qrant permission to build provided they comply with R-2 requirements. - Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The Deputy City Clerk read a letter from the Zoning Board regarding a proposed subdivision off Boston Road. The developer Mr. Warren would like to deed an easement to the City for ingress and egress to the proposed duplexes. The City Attorney said that he did not favor an easement and he also had questions about the utilities easement. Councilman Ledbetter made a motion that the Council table this to give the City Attorney and the City Engineer a chance to study the proposal. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mr. Warren spoke to the Council and said that he would be willing to dedicate a street if that was what the Council wanted. Mr. Woods said that he still felt this should be checked over by the City Engineer. The Deputy City Clerk read a letter from the Zoning Board regarding a petition from residents on Neptune St. to rezone certain properties in that area from B-3 to R-2. The Zonina Board feels that this property was rezoned when Ordinance 880 became effective and that any further action on this should be initiated by the residents and pursued through legal channels. Councilman Ledbetter made a motion that the Council accept the Zoning Board's opinion and recommendation. Councilman Sikes seconded the motion. Mr. Woods asked why the Zoning Board had stated that no individual property owners were notified when Ordinance 880 was passed? Mr. Mackie, Chairman of the Zoning Board, said they meant that when the rezoning was done there were only public notices in the newspapers not individual letters to property owners. Upon roll call the motion to accept the Zoning Board's recommendation CARRIED 5-0. The Deputy City Clerk read a letter from the Zoning Board concerning two proposed subdivisions. The first was for a subdivision on Riverside Dr. being developed by Mr. Gene Harris. The Board recommends granting two variances to Mr. Harris - a 301 front setback and two story homes not to exceed 221 max. height. The second was for a subdivision proposed by Mr. Donald Slaney off Turgot Ave. Mr. Slaney has requested a 151 rear setback instead of the required 201 setback. The Zoning Board has recommended granting this setback. Councilman Rotundo made a motion that the Council table this until the City Attorney can study these proposals. Councilman Asting seconded the motion. Councilman Sikes said that the Council should resolve the question of the two-story buildings. Mr. Woods said that possibly if we grant Mr. Harris permission to build two-story buildings east of Riverside Dr. we may be creating a dangerous precedent for all of R-IA. There was some question about the water line on this property. 2 , ~ '-J u Mr. Cory told the Council that the overall sq. footage of the lots includes the existing bulkhead, the building area minimum is 12,000 sq. ft. The lots facing the water will meet the required sq. footage. Mr. Woods said that we are dealing with two different ordinances. Ordinance 880 and the Subdivision Ordinance. Ordinance 880 prohibits two story dwellings east of Riverside Dr. The subdivision ordinance seems to give the authority to the Zoning Board and the Council to grant variances. The question is which ordinance really controls this. If we grant Mr. Harris a variance under the subdivision, we may have problems along Riverside Drive as far as two-story homes are concerned. The Subdivision Ordinance states that where conditions imposed by any provision of this ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this ordinance or of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards of requirements shall govern. Mr. Siciliano said that the Zoning Board did not believe this would set a precedent because the Subdivision Ordinance deals with one of a kind developments. Any other property along R-IA would come under Ordinance 880. Mr. Don Williams spoke to the Council and said that he felt that the Subdivision Ordinance had no bearing on the building of single family dwellings along Riverside Dr. Mr. Williams had hoped to build a two-story house east of the river but he was not allowed to do so under Ordinance 880. He said he did not feel that the building of his single house was the same as the building of a subdivision. Upon roll call the motion to table CARRIED 5-0. The Dep~ty City Clerk read a letter from Charles Murphy, Building Official, concerning the definition of IIstoryll in Ordinance 880. Mr. Murphy feels that a clearer definition is the one found in the Southern Standard Building Code and suggested that the Council might want to consider a textual change to Ordinance 880 in regard tot h e d e fin i t ion 0 f a II S tor y . II Councilman Rotundo made a motion that the Council authorize the City Attorney to draw up an amendment to Ordinance 880 changing the definition of IIStoryll as recommended by the Building Official. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The Deputy City Clerk read a letter from the Merit Board concerning a claim by a former employee, Mrs. Ruth Ruppert, that she should have received a twenty-five cent an hour raise, automatically at the end of her probation period and also that she should be reimbursed for insurance coverage that she never received. She has requested reimbursement of $52.00 back pay and $25.00 for the insurance. Mrs. Ruppert is no longer in the employ of the City. Her CETA position was abolished due to an insufficient amount of work to warrant retaining this position. Councilman Ledbetter made a motion to deny Mrs. Ruppert's request. Councilman Sikes seconded the motion. Mr. Opal spoke to the Council concerning the grievance hearing that in his opinion was merely a one and one-half hour spectacle. He claimed that the people responsible for the abolishment of Mrs. Ruppert's position were not even present at the meeting and that the City employee representative acted more like a prosecutor than a defender of an employee. The Merit Board merely went through the formalities of a hearing and accomplished nothing. He believes that Mrs. Ruppert has a genuine case to push for a Federal investigation. Upon roll call the motion to deny the request CARRIED 5-0. The Deputy City Clerk read a letter from the Fire Dept. requesting the donation of $1800. for the purchase of fireworks for July 4th. '< c.J o Councilman Sikes made a motion that the Council authorize the $1500. that was budgeted for fireworks. Dan Cory, Volunteer Fireman, stated that $1800 was budgeted for fireworks in account 10-11511-48. Councilman Sikes withdrew his motion. Councilman Asting made a motion to table this until next week so that the Council can check on this. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The Deputy City Clerk read a letter from E.V.E.R. requesting the purchase of four additional pagers. They request that the money remainding in the Rescue budget be redistributed so that they can make this necessary purchase. Councilman Sikes said that the Council was planning a workshop for the budget and he made a motion that the Council table this until after the budget workshop. Councilman Asting seconded the motion. Councilman Asting seconded the motion. Mr. Jack Bevel, Pres. of E.V.E.R., said that there should be sufficient monies in their budget to purchase these pagers. Mayor Christy said that the Council really should table this until they have had a chance to study the budget. He suggested that the Chief find out the present cost of the pagers. Upon roll call the motion to table CARRIED 5-0. (tape 2) The Deputy City Clerk read a letter that the City Council had sent to Stephen Campbell in regard to the excessi ve noi se at his bar and the crowds hanging around outside his business establishment. Mr. Campbell spoke to the Council and told them that he plans to have air conditioners put in so that he can close all the windows. He is sorry that residents in the area were disturbed and will do everything that he can to correct this situation. Mayor Christy questioned whether or not his license covers the use of a live band at the bar. The license ordinance is not clear on this, it merely says music. Chief Baugh said that they had had no more complaints since last weekend. Councilman Sikes said that he wanted to be sure Mr. Camobell understood that if the noise continues the Police Chief has been authorized by the Council to close the business. Mayor Christy said that he would set up an appointment with Mr. Campbell to discuss the question about music and dancing. Councilman Asting said that he feels, at this point, the problem seems to have been resolved and that the Mayor could report back to the Council concerning any decision made about the dancing and music. There was no action taken by the Council at this time. The Deputy City Clerk read a letter from William Glaser concerning the traffic and dust problem on Needle Palm Drive in Florida Shores. The Council discussed Mr. Glaser's recommendations and also the problem of a truck route. Chief Baugh said that truck route was ready as soon as the proper signs had been put up and that the police department would enforce this. 4 " ~ ~ Mr. Glaser spoke to the Council and said that there have been complaints about this area before but no action has been taken. He hoped that the Council would seriously consider this problem and try to improve the situation. Councilman Ledbetter made a motion to turn this over to the City Engineer to check out the recommendations, straighten the street, mark the truck route and find out how to control the dust, if possible. Councilman Sikes seconded the motion. Councilman Sikes said that the Planning Board has designated certain routes for commercial traffic in their proposed comprehensive plan) but we have trouble enforcing these routes. Chief Baugh said that the proposed truck route will go from P~rk Ave. to Mango to 16th St then east to Hibiscus then south to Indian River Blvd. Upon roll call the motion to turn this over to the City Engineer CARRIED 5-0. Councilman Sikes made a motion that the Council authorize the City Attorney to draw up an ordinance establishing a truck route to Indian River Blvd. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy called a 10 minute recess. Meeting called back to order. The Deputy City Clerk read a letter from the Florida Dept. of Commerce informing the City that they have been allocated $1,490.00. The funds will be transferred after copies of the obligations of these funds are sent to the State and the City has certified that they have paid or will match the amount to be provided by the State. The State will pay one half of the advertising campaign. The total for the campaign will be $2,980.00. The deadline for this allocation is June 1, 1979. Mr. Siciliano, Chairman of the Industrial Development Board, said that there was no way that his Board could have any material prepared by June 1, 1979. It might be possible to get an extension. Councilman Sikes asked if the City should enter into an agreement with the New Smyrna Beach - Edgewater Chamber of Commerce to be included in their advertising brochure. Mr. Siciliano said that he did not feel it would be worth it, since all we have received in advertising from the Chamber was a city map. We need to compile more information about Edgewater and have it used properly. Mayor Christy and Mr. Siciliano will contact the State Dept. of Commerce to find out if the City could get an extension. Councilman Sikes said that the next letter on the agenda from the NSB-Edgewater Chamber of Commerce had, in effect, been lanswered by Mr. Siciliano. Also, the Chamber wanted an answer immediately and we could not have the material ready. COORDINATORS REPORTS Councilman Rotundo made a motion that the Council authorize the City Attorney to draw up an ordinance on nudity, indecent exposure, etc. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter said that the potholes on Thomas St. have been fixed. Councilman Sikes said that he hoped the communication problems with the advisory boards had been cleared up. Information is being delivered to each Board Chairman on Fridays. He asked the City Attorney about the interlocal agreement with the County. Mr. Woods said that he was working on it. 5 u o Councilman Sikes also told the Council that the Planning Board would like to hold a joint workshop with the Council, the Zoning Board and the Industrial Development Board concerning the comprehensive plan. This workshop would be on Tuesday, May 15, 1979. The Council had already scheduled a workshop for that night at 7:00 P.M. He would like to request that the Council begin their workshop at 6:30 P.M. and then attend the Planning Board Workshop at 7:30 P.M. Due to the number of people involved, it should probably be held at the Shuffleboard Clubroom. He also asked about the remodeling of City Hall. Councilman Asting said that Mr. DeGroot had the plans ready and is checking on estimates for the cost. (tape 3) Councilman Asting said that the Council needs to hold a workshop to review Ordinance 904. We should have a representative from Briley, Wild at the workshop and also the City Attorney. The Council set Tuesday, May 29, 1979, at 7:00 P.M. in City Hall as the date and time for the meeting. Councilman Asting asked if the Council felt it was proper for a City! Councilman to go out for dinner and charge it to the City. He added that this was one of the reasons for the special W/WW audit. City Attorney Woods said that the City needs to establish a Board of Trustees for the policemen1s retirement fund. The Board should consist of the Mayor, Police Chief, two police officers chosen by recommendation of other police officers and one citizen of Edgewater. Mayor Christy said that the Council would be holding a workshop on May 22, 1979, to discuss the pension plan perhaps this could be added to that workshop. The Council agreed to this suggestion~ Mr. Woods also said that we were presently being sued regarding our sign ordinance. We do not have a comprehensive sign ordinance and the City needs to have one. Councilman Asting made a motion that the Council authorize the City Attorney to prepare a draft of a sign ordinance that will guide us in the future. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The ordinance will be presented to the Planning Board and the Zoning Board for their review. Mr. Woods also told the Council that he would have a report on the Highland Shores deeded park area at the next Council meeting. Deputy City Clerk Kinsey said that the Council needs to authorize the transfer of $20,000.from 70581.43 to Construction Fund to purchase the recarbonation unit. May, Zima has recommended this transfer. Councilman Sikes made a motion to transfer $20,000. from 70581.43 to the Construction Fund, per recommendation of May, Zima, to purchase the recarbonation unit. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy asked the Council to read the material he had provided for them concerning 208 contract. This will be on the agenda for the MPO meeting and he would like to know how they feel about it before he attends the meeting next Wednesday. He also called the Council IS attention to the resolution appointing Edgewater to the MPO. He asked for Council approval to contact legislators concerning annexation bills and court costs bills before the Senate. We should let our legislators know how we feel about this. He will check with the Police Chief concerning court costs and send a letter about this subject. Chief Baugh said that they had checked out Thomas St. signs and also the signs at dead end streets. These have been replaced. 6 o o RESOLUTIONS The City Attorney read Resolution No. 79-R-51. A RESOLUTION APPOINTING RICHARD WESER AS THE CITY CLERK OF THE CITY OF EDGEWATER, FLORIDA; SETTING FORTH HIS COMPENSATION; SETTING FORTH HIS DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Astina made a motion that the Council adoot this Resolution. Councilman Rotundo seconded the motion. . Mr. Opal asked if the position was also for Administrator. Mayor Christy said that the position was set by the Charter and Code of Ordinances of the City. Upon roll call the motion CARRIED 5-0. The City Attorney read Resolution No. 79-R-52. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPROVING THE PARTICIPATION IN AND JOINING OF THE VOLUSIA GOVERNMENTAL EMPLOYEES CREDIT UNION, DAYTONA BEACH, FLORIDA; FOR THE BENEFIT OF THE EMPLOYEES OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR PAYROLL DEDUCTION; PROVIDING FOR COOPERATION OF THE PERSONNEL DEPARTMENT; PROVIDING FOR WITHHOLDING FINAL CHECK; PROVIDING FOR KEY PERSON; AND PROVIDING WHEN THIS RESOLUTION SHALL TAKE EFFECT. Councilman Sikes 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 Discuss Changing Council Meetings: The Council decided to postpone any action on this. Home Occupational License, William Boyd: Councilman Asting asked Mr. Boyd if he planned to store any tools at his home? Mr. Boyd said that all his tools were stored in his truck. All the work he did was on-the-job. Councilman Ledbetter made a motion that the Council approve this license. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. AUDIENCE MISCELLANEOUS Mr. Fredericks, Riverside Dr., asked if the special audit on the W/WW was complete, how much it cost and what was the outcome? Mayor Christy said that the audit was not complete. So far it has cost $1,276.00 and there has, of course, not been any report yet. Councilman Asting said that the audit should be completed soon. Mr. Opal asked about the $600. from Indian River Prestress Co. The trusses were returned and we paid $600. for them. Mayor Christy said that the company has been contacted and we were waiting for an answer from them. 7 .. , . \) (..) NEW BUSINESS Home Occupational License - L. Fradd. Councilman Asting asked Mr. Fradd where he would store his tools. Mr. Fradd said that he kept his tools in his van and there was no sign on the outside of his van. Councilman Sikes made a motion to grant this license. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Rotundo made a motion to adjourn the meeting. Councilman Ledbetter seconded the motion. The meeting was adjourned. Minutes submitted by: Nancy Blazi ~~- Mayor q,:~I?)t~ C uncilman ~ Councflman ~~ Councilma- .- ATTEST: ~ 1? ~'AJ City Cle k APPROVED THIS I + DAY OF MAY, 1979. 8 ~ ~ ~ r 7!Jt) I " o I!)ATE ON WHICH VOTE OCCURRED: l , ~f FO~4 MEMORANDUM OF VOTING CONFLICT ,192J PART A J Name: ~ ~_be: /! ~/L JJ(f)\l~A (LAST) ~ (FIRST) Address: 3/ ~ s/"\ jPlAio W'\)('~_ STREET) C r:.~ (MIDDlE) ~~ wal-?"1./ (CIT Telephone: ~c.g - ~~t (A/C) (NU SER) N. ~). t~?- z/z)( (ZIP CODE) (COUNTY) PART B Agency is a unit of [check one]: ( ) State of Florida; (.-) County, City ~r other Political Subdivision Name of Agency: 2' ~ 0 \....,..:,R fp 't r- fey . Position held in Agency: C' c,. \:1.nJc. ~ (Mi!J 1\ J PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes g 112.3143 (1975)] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: 1)"", )-. ~ ,-) f0 ~rr:;, -<J*, I DfR J! '" i, -<- fidru;;t"'?JI 01;,' k If-. ~ j?.... R. tfe-~ ~~ ~ (On~I/c-f o:z ~"1tt~~~+ c,~ ~ Vb fr.~.:s )"?:JJ? 4~/1:,~ f/Vrl-J.n fA:2iL ~ -rb h.o c:.-h N (l;cq.R c\ fD, jJl H-- S - 1;0 (),etA, 220 ~ Prftiil' ~ f.., 7- """'~ '7'7 -m~. 'Y ~(,S ~ 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: 3. Person or, principal to whom the special gain described above will inure: a. ( ) Yourself b. ( Principal by whom you are retained: (NAME) PART D FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. PARTE ~ ~~AtO"'Rl4-- ia - ~TE~G~~ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES g112.317 (19751. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4. EFF. 1/1/77