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11-26-1979 - Regular 'i .. \J v CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING "'-Ncivember26, 19'79 CALL TO ORDER Mayor Christy called the meeting to order at 7:05 P.M. in the Edgewater Community Center. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman William B: Glaser Councilman Neil J. Asting City Attorney Judson ~oods City Clerk Joseph Herget Police Chief Earl Baugh Present Present Present Present Excused Present Present Present INVOCATION \ The invocation was given by Rev, Boggs\ SALUTE TO FLAG APPROVAL OF MINUTES Councilman Ledbetter made a motion to~approve the minutes of November 12, 1979. Councilman Glaser seconded the motion\ Upon roll call the motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Rotundo made a motion that the Council approve the bills for November 16th and November 19th~ for payment' Councilman Ledbetter seconded the motion. Councilman Glaser asked about the Briley, IHld bill: Upon roll call the motion CARRIED 4-0~ BIDS Mayor Christy asked the Council.~ permission to move the bids above communica- tions so that the bids can be decided upon~ Councilman Rotundo made a motion to reject the bid from Chrysler and re- advertise for the police cars~ Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0: City Clerk Herget\read the bids from Bristol, The Taulman Sales Company and A,W,K. Industries on recording devices for the ~tFeet Department. WAiJtJe Mayor Christy said that with the Council hS permission the bids would be turned over to Mr. Feeney for his r~commendation~ COMMUNICATIONS City Clerk Herget read the letter from Mr." Bosse regarding a sewer charge for Mr. Armstrong. City Attorney Woods advised that the Council table this until December 3rd meeting. Councilman Rotundo made a ~otton to table the sewer charae: Councilman Glaser seconded the motion, Upon roll call the motion CARRIED 4~O: City Clerk Herget read the letter from Councilman Glaser to appoint Mrs. Kane to the Board of Adjustment. ~ 1 - ..... Q Q Councilman Glaser made a motion that Mrs. Lois Kane be appointed to the Board of Adjustment. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. City Clerk Herget read the letter from Mr. K. Bosse to reject the Pelican Cove Lift Station. Mr Ledbetter made a motion to accept Mr Bosse1s recommendation to reject the lift station. Councilman Rotundo seconded the motion. Mr. Armstrong spoke to the Council about the Wildwood Lift Station. Upon roll call the motion CARRIED 4-0. €ity Clerk Herget read the letter from Mr. Workman concerning changing the City Ordinance on the closing time of Lounges from 2:00 A.t1. to 4:00 A.M. Mr. Workman stated that he would like to stay open until 4:00 A.M. for financial reasons. Councilman Ledbetter made a motion to reject the request. Councilman Rotundo seconded the motion. Rev. Boggs supported the Council in their decision to reject the request. Mr. Dan Nolan stated that he felt the Council should give Mr. Workman every right for consideration to stay open, Chief Baugh said that he felt an officer would have to patrol that area if the hours were changed. Upon roll call the motion CARRIED 4-0. City Clerk Herget explained the letter from the East Volusia t10squito Control District concerning authorization for low level spray flights. Councilman Rotundo made a motion to authorize Mayor Christy to sign the agreement with East Volusia Mosquito Control District. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. City Clerk Herget read the letter concerning a request for street lights. Councilman Rotundo suggested some kind of sign which would glow in the dark. Chief Baugh requested permission to check the situation out with Councilman Asting and Mr. Opal. The Council decided to turn this over to the street light committee. City Clerk Herget read the Home Occupational License for Mr. Rathbun oft 1414 Pine Tree Drive, Mr. Rathbun stated that he would not be storing any equipment or paints at his home. Councilman Rotundo made a motion to grant this request. Councilman Glaser seconded the motion. UpOl1 roll- call the motion CARRIED 4-0. Mayor Christy asked Mr. Feeney to give the Council a report on his decision. Mr. Feeney recommended Bristol at $3,984.00. There was a long discussion at this time. Councilman Rotundo made a motion to accept the bid from Briston at $3,984.00 installed. Councilman Glaser seconded the motion. Mr. Gross asked if there was any way to use the old alarm system? He also thanked Mr. FeeneY-for comming. Mayor Christy said no. Upon roll call the motion CARRIED 4-0. - 2 - o o COORDINATORS REPORT Councilman Rotundo told the Council that the Fire Department contract was ready. City Attorney Hoods said that the contract was between the County and Edgewater. Councilman Glaser made a motion to acceot the Fire District Contract. Councilman Rotundo seconded the motion.' Upon roll call the motion CARRIED 4-0 Councilman Rotundo called Mr. Doug Cole to speak to the Council. Mr. Cole explained that a portion of the FPL property belonged to him and he would like to have that zoned to R-4 Multi Family. Mr. Siciliano stated that Mr. Coles property was zoned separate. The Council agreed that Mr. Cole1s property was zoned R-4 Multi-Family. Councilman Ledbetter no report. Councilman Glaser no report. Councilman Asting no report. City Attorney Woods no report. City Clerk Herget no report. RESOLUTIONS The City Attorney read Resolution No. 79-R-114. A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE AMENDMENT OF THE INTERLOCAL AGREEMENT DATED JANUARY 18, 1979, CREATING THE VOLUSIA COASTAL AREA METROPOLITAN PLANNING ORGANIZATION HEREINAFTER REFERRED TO AS THE "MPO"; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Rotundo made a motion to adopt this resolution. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. ORDINANCES The City Attorney read Ordinance No. 79-0-34 (second reading). AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY OWNED BY JOHN W. ROWLEY TO THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO SECTION 171.044 OF THE FLORIDA STATUTES; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING THAT SAID ANNEXED PROPERTY SHALL BE ZONED R-l; PROVIDING THAT A CERTIFIED COpy OF THE ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT IN VOLUSIA COUNTY, FLORIDA, AND WITH THE DEPARTMENT OF STATE, STATE OF FLORIDA, UPON ADOPTION; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion to adopt this ordinance. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Ledbetter voted NO. The City Attorney read Ordinance No. 79-0-37. AN ORDINANCE AMENDING SECTION 606.02(b) B-3 HIGHWAY SERVICE BUSINESS DISTRICT, APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ADDING PET GROOMING AND SALE OF PET SUPPLIES, EXCLUDING OVERNIGHT BOARDING OF ANIMALS, AND EXCLUDING KENNELS: WHOLESALE AND RETAIL SALES OF HONEY PRODUCTS; AND NURSERY SCHOOLS AND DAY CARE CENTERS AS PERMITTED USES IN THE B-3 ZONING DISTRICT OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL ORDINANCE IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion to adopt this ordinance. Councilman Rotundo seconded the motion. Mr. Siciliano stated that he felt the Day Care Centers should not be permitted uses, there should be more control. Upon roll call the motion CARRIED 3-1. Councilman Glaser voted NO. - 3 - ~ o OLD BUSINESS SIGN ORDINANCE There will be'a Council workshop to discuss the Sign Ordinance on December 12, 1979 at 7:00 P.M. COST FOR SHUFFLEBOARD LIGHTS Mr. Al Blazi stated that the cost for the lights for the shuffleboard courts would be approximately $1,950.00 if he did the labor. Councilman Rotundo made a motion to authorize work to be done not to exceed more than $1,950.00. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. COST FOR THE STAGE BACKDROP Mr. Blazi stated that for curtains only it would cost about $3,000.00. He also stated that for acoustical blocks, it would only cost around $650.00. Councilman Ledbetter made a motion to proceed with the work on the Community Center not to exceed $1,000.00. Louncilman Rotundo seconded the motion. There was a discussion on acoustical boards. Mr. Siciliano suggested a spray type material for acoustics. Upon roll call the motion CARRIED 4-0. ASSOCIATED MARKETING CONTRACT City Attorney Woods has not finished the contract at this time it will be ready for December 3rd agenda. NEEDLE PALM City Clerk Herget read part of the minutes from Council Meeting May 7, 1979, on repairs to Needle Palm. Councilman Glaser said that this had been turned over to the City Engineer, and nothing had been done. He suggested that this be turned over to the Police Chief and the Street Department. The Police Chief and Mr. Copeland will report back in two weeks. Councilman Glaser spoke about paving the streets in Florida Shores. He suggested a workshop to discuss this. Mayor Christy said that he was trying to get a grant for the streets, he has put in an application for this, he also got Phillips 66 information on how to do roads and at the Mayor1s convention he found two companies that would come and dig out the streets. He is trying to get a date set up so that he can let the Council know when they can do this. COORDINATOR SYSTEM Mayor Christy said that he wanted this to wait until Councilman Asting returned. Councilman Rotundo asked if there should be a workshop for the City Planner applications. City Clerk Herget stated that the workshop on December 4th was set up for this. December 20, 1979 was set up for the bids on the Police Cars to be back no later than 4:00 P.M. Readvertise for 79 & 80 Cars. Mayor Christy said that the City Clerk could open them and then he would call a special meeting to take the necessary action. AUDIENCE MISCELLANEOUS None. - 4 - u o NEW BUSINESS Mayor Christy spoke about the VCOG on the Beach Toll. He explained that he felt that the citizens of Edgewater were paying double taxes in this situation. He also asked the citizens to write in their opinion on this so that he would have something to go on. The Council stated that they would support Mayor Christy in this. Mr. Opal agreed that the City of Edgewater was paying double taxation. Councilman Ledbetter asked about the 701 Plan, if it had been filed with the State.and County? Mayor Christy said yes. Councilman Ledbetter asked who turned this in? Mayor Christy said BWA. Councilman Ledbetter suggested that Mr. Sayes be invited to a workshop meeting. He also stated that three Zoning Board members told him that they did not know anything about the Zoning Changes. We are going to have to ~,- make some changes on the Zoning Bd. or he will have to vote no on recommendations from the Board. Mayor Christy asked Councilman Ledbetter if he wanted to make a motion on the subject. Councilman Ledbetter handed the Mayor a piece of paper to be read by the City Clerk. This following -ts tVDed verbatim from Tape 3B-10. oJ , . City Clerk: The Edgewater City Council met jointly with the Zoning Board at 6:00 P.M. on October 29, 1979 and again on November 19, 1979. The purpose of this meeting was to consid:r zoning changes as advertised in the New Smyrna News and Observer on October 14, 1979. This ad consisted of some 16 line items. Public Hearing notice under the signature of the City Clerk stated that interested citizens are invited to attend and be heard with respect to the proposed changes. This was well afforded by our Mayor who presided over the hearings. What seemed to surface as Mr. Mackie and his well briefed assistant attempted to defend the recommended changes is not all the Board members were familiar with the 16 listed changes, only Mr. Mackie and his assistant. Mr. Mayor, to expose same or to clear the air of any possible private interests in these recommended zoning changes, I so move that the City Council authorize the Mayor to conduct or cause to be conducted a complete investigation. (1) minutes of previous meetings (2) notes made by Board members (3) maps and surveys (4) applications for zoning changes (5) statements from Board members (6) demands for additional zoning (7) any of other items of interest (City Clerk said here that it was all question marks here on the paper). Sixteen line items had to come from someone:who suggested all these changes and why. Mayor Christy: I have a mot-ion; by Mr. Ledbetter do I have a second on that motion? Councilman Glaser: Who is going to do this investigation? Mayor Christy: Let's see. Councilman Ledbetter: According to the Charter the Mayor has the authority to conduct an investigation on it, take depositions under oath.. Mr. Woods: Where is that? Councilman Ledbetter: Where-i~ it? Mr. Woods: Yes, in the Charter. Councilman Ledbetter: I didn't say it was in the Charter, I said he has the authority to do this. Mr. Woods: I don I t know of any .. I I m not awa re of any such thi ng. Gounc i 1 has to act. Not the Mayor. 5 .' ~ Q Councilman Ledbetter: The Council can instruct him to conduct an investi- gation. Mr. Woods: You can instruct anybody on here. Mayor Christy: He said you can instruct anybody on the Council to hold this. The conversation at this point between Mayor and City Attorney is not clear. Mayor Christy: The Attorney said this is something the Council will have to do it is not for him to do. I have a-motion made by Mr. Ledbetter and it says Mr. Mayor to expose same and clear the air of any private interests in these recommended zoning changes, I so move that the City Council authorize the Mayor to conduct or cause to be conducted a complete investi- gation and then the listing of seven different items here. One is the minutes of previous meetings, notes made by Board members, maps, surveys, applications for zoning changes, statements by Board members and demands for additional zoning and then the question that sixteen line items had to come from someone who suggested all these changes and why. That is the motion. Councilman Glaser: There are seven members on the Planning Board I mean the Zoning Board, right? Mayor Christy: Yes. Councilman Glaser: When I was on the Board of Adjustment we got all of their minutes and there was always at least five people present and I can remember some of their minutes where some of these things were being discussed and now there are people on the Zoning Board that say they didn't know what was going on? Mayor Christy: Yes, I have had somebody approach me and make the same statement. Councilman Rotundo: When they have a meeting that is the place for these Board members to express their opinions at the meeting. Whenever we get their recommendations from the Zoning Board it is always 6 to 0 or 5 to 0 or 7 to O. It is always unanimous. Mayor Christy: I believe what the question has been is like No.7 here that sixteen line items had to come from somewhere, who suggested all these changes and why. I believe that is one of the questions and another one is the demand for additional zoning. Who made that demand. The minutes we all have, notes would be read in the minutes, maps and survey, I think we have those. But the applications for zoning changes, I don't know if we have them or not. Statements from each of the Board members is another one of the requests. I have a motion on the floor now gentlemen from Mr. Ledbetter, do I have a second to that motion? Councilman Glaser: Do you both feel that this ought to be done? Mayor Christy: I would like to know where all the sixteen line items came from that is one thing I would like to find out, but I don't think it should just be me alone. If anybody gets involved in it, I think it should be the City Clerk should get involved in this too, if there is any investigation or any checking or any requesting of any information. It seems awfully funny ...1 see what Mr. Ledbetter is pointing out, the fact that the (mike trouble) .. I can't understand why, to give you one example, FPL thing has me really upset. That is really being, let me see how I can use the word.. It isn't right to zone a business, an industrial thing, into a residential. Councilman Ledbetter: A necessity to the Community as a whole. Mayor Christy: Just to give you one point, that FPL should have been in I-I or industrial of some type because that is what it is. We need that FPL why should we change it to a residential? I can1t understand the thinking of zoning these into residential. We had a problem already over here we just tried to correct with the honey place. 6 . . . . Q o Councilman Ledbetter: All right, you held a public hearing... Mayor Christy: The man had to pay $50 in order to get it changed. Councilman Ledbetter: And now under this mess that went on a few days ago it was on back in and we just passed on it, honey and honey products, we're changing the whole deal there. Mayor Christy: And what will we be doing, we will be zoning FPL out of business because you make a residential area out of it and then what are you going to do are they going to have to pay another $50 to get it changed back again? Do we have to go through that process? These are the things I'd like to know why. Who requested these things? Councilman Glaser: My feelings on this is that they had meetings and they voted what to present to the Council. I didn't like to see sixteen items here but that is the way they chose to do it. Now if there are people on the Zoning Board that didn't know what was going on or if things were done without their knowledge, that is a problem. Either it is their problem or it is the Board's problem. I mean either they didn't show enough interest to go to the meetings or maybe somehow they didn't know what was going on, either by design or whatever. That is a problem and if someone wants to look into that I can see doing that. As far as the sixteen items that were presented to the Council, I assume that all of them were voted on by the Board as a whole when they had a quorum. The fact that they chose to zone things in a particular way, I didn't agree with all their recommendations, but I assume that they agreed when they voted to do it and I can't fault them for that. Maybe we should get together with the Zoning Board, all seven of them, and let them air their complaints. Mayor Christy: What I would like to do, I don't know where I'm going to get the time, but I'd like to go back over all those minutes and find out. Joe could you help me. Maybe we can get one of the girls to give us a hand too. Look into this and bring it back to the Council. Then if you want to take any action we can do so. Do you want to withdraw your motion? Councilman Ledbetter: Okay, I will withdraw my motion. End of the verbatim minutes: Mr. Siciliano spoke to the Council and said that Mr. Ledbetter was referring to him as the assistant. The Zoning Board has worked for over a year and a half with meetings and workshops. Most of the Board members attended all these meetings. We discussed these changes, argued over some of them and then agreed on the recommendations to the Council. If three members now say they didn't know about some things, why did they vote for it? They shouldn't be on the Board if they do not understand what is going on. Mr. Armstrong asked about the rezoning of land just south of Edgewater and they held a hearing on and maybe even passed the first ordinance on that property? Mayor Christy: An ordinance was not written up. Mr. Armstrong asked if it was not true that there were some maps showing that it was not allowed under the annexation statute. Mayor Christy said that the Attorney had pointed out this would be an enclave. Mr. Armstrong added that this was a very serious business and the Council should look into this very closely. If we are not getting one hundred percent we should be. Mr. Opal said that the Board had voted on somethings that they didn't know about. He also said they had had wrong maps presented. I objected to it and mentioned the enclave. It is always hurry up and pass something. I made a motion a long time ago about not acting on anything unless we have it on our agenda and get it the Friday before our regular meetings. 7 .,- '. "' . o o Mayor Christy said that he would get back to the Council with information on this public hearing. Councilman Rotundo asked if the Council was accusing someone of doing something wrong. Mayor Christy said he did not think we were accusing anybody. He did question why some of the zoning changes were requested. Councilman Rotundo made a motion to adjourn the meeting. Councilman Ledbetter seconded the motion. The meeting was adjourned. Minutes submitted by: Donna Prevett Nancy Blazi ATTEST: _ u~ . y Clerk ~=- -4:- Mayor day of / _/.~ 10-G>-~'/ Y /. j7: Mayor " W:B.G~ Councilman 7~ Councilman 8 ~ ~ ~ ~