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09-15-1980 - Regular r ...' , ~ o CW-i ~;. CITY 0:-' EDGE:'~ji.TER CITY COUl\CIL REGULI.R !-1EETING September 15, 1980 CALL TO ORDER ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman James H. Cameron Councilman Neil J. Asting City Attorney Judson Woods City Clerk Nancy F. Blazi Police Chief Earl Baugh Present Present Present. Present Present Present Present Present INVOCATION Silent SALUTE TO FLAG APPROVAL OF MINUTES Councilman Asting made a motion to approve the minutes of the Public Hearing and Regular Meeting of September 8, 1980 and Councilman Ledbetter seconded the motion. The motion CARRIED 4-1. Mayor Christy voted NO. PROCLAMATIONS Mayor Christy proclaimed Saturday, September 27th and Sunday, September 28th, 1980 as "Sunday School Weekend" and Sunday, October 26, 1980 as World Order Day. These were read by title only. B ILLS AND ACCOUNTS Councilman Cameron made a motion to approve the bills. Rotundo seconded the motion. Councilman Councilman Ledbetter questioned the Davis meter bill. Blazi explained this was for hardware for the meters. questioned the excessive cost for lime. Ci ty Clerk Mayor Christy Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. COMMUNICATIONS The City Clerk' read the letter from Magnuson Corporation requesting vacating a 50' right-of-way at Guava Drive. ~ After a brief discussion Councilman Cameron made a motion to table the request until a plat plan could be submitted by the company. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. 10 'e) The City Clerk read a letter from the Sulli VuL l~ laz b buildi,ng Associates regarding their open house on Septc~ber 2~, 1980. Councilman Asting made a motion to grant their request for permission to use a hot dog concession at their C~En house. Councilman Cameron seconded the motion. Upon r~_l call the motion CARRIED 5-0. The City Clerk read a letter from the Buildins Ccje Board regarding a discrepancy between the Southern Standard Building Code and the Edgewater Code of Ordinances. A discussion followed. Mr. Opal spoke regarding this discrepancy. Due to a defective tape and machine used for taping the meeting, a brief recess was called for a replacement. Since Attorney Woods is researching the subject of the discrepancy it was decided to hold further discussion pending his report. The City Clerk read a letter from the Zoning Board regarding the setback requirements for detached garages and utility sheds. Councilman. Rotundo made a motion to accept the recommendations of the Zoning Board that all utility sheds shall be set back at least five feet from the lot lines. Also that all detached garages meet the required set backs as specified in the zoning classifica- tion to be constructed. Councilman Cameron seconded the motion. Attorney Woods will prepare an ordinance and set a date for a public hearing. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Frank Opal requesting an opportunity to address the Council. Mayor Christy suggested the City Clerk also read the letter from the Zoning Board pertaining to Rezoning B-3 area since Mr. Opal's letter was regarding this matter. Mr. Opal spoke concerning the rezonin~."ofa certain B=3 area. He felt the Zoning Board should be more aware of details e.g. who owns the property, where it exactly located, how large, etc. when they in turn"make recommendations to the Council. He also wanted to know why an application wasn't made and fee not paid. Attorney Woods indicated the Zoning Board had the right to recommend rezoning property as necessary. Mr. Siciliano was asked who owned the property in question. ~tr. Opal answered that it was James A. Cameron who owned the property. Councilman Cameron reminded Mr. Opal there was no James A. Cameron, but a George A. Cameron. Mr. Siciliano was called on to explain the Zoning Board's action. He explained the City Planner initiated the action for the rezoning the area because it was not properly zoned at the present time. Councilman Cameron wanted a letter read from Charles Hall, attorney for the owner of the property, G. A. Cameron requesting that the area in question not be rezoned. Mayor Christy stated he never received a copy of this letter and would like more time to study the subject. Councilman Rotundo made a motion to table the subject for further study. The motion died for lack of a second. Councilman Ledbetter made a motion to deny the request of the Zoning Board.for a rezoning of the 'B-3 area, corner of Ocean Avenue and Old County Road. Councilman Asting seconded the motion. COUllCil Minutes ~/15/80 -2- o Q There was a length" discussion. Hr. Holahan stater:: thLlt the.: problem was in the 880 Ordinance and the new proposec; bG-0-~0 whi~h was passed for the first reading last Monda~. Hrs. Opal wanted to know \\'ho brought up the rezoning C'. C:!:C:: p-::; property. Mayor Christy stated it was the City Plan~~' ~he felt the Zoning' Board is voting on items they do not Ih. -'. enough knowledge of. . Mr. Hatfield spoke regarding the Zoning Board rezonins his property recently and downgrading the value. He asked the City Attorney if the City Zoning Board took precident over the County, State and national regulations covering rezoning. City Attorney \voods said he was not prepared at this time to answer his questioTI. Upon roll call the motion CARRIED 5-0. Councilman Cameron requested a conflict of interest form from the City Clerk to sign. A brief recess was called. COORDINATORS REPORT Councilman Rotundo - none Councilman Ledbetter - none Councilman Cameron - none Councilman Asting - none City Attorney Woods - none City Clerk Nancy Blazi - Requested approval of a purchase order from the Fire Department in the amount of $1,225.50 for uniforms. Councilman Asting made the motion to approve the purchase order. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. City Clerk also requested a charge of $100.00 for the Florida-Light and Power be approved for a temporary connection for the new Fire Department. Councilman Ledbetter made a motion to approve the charge. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk stated the Merit Board Chairman had requested the communications under "Old Business" be removed from the agenda since he was unable to attend the meeting. Mr. Vandergriff also requested the Council set up a meeting with the Merit Board. It was decided that Wednesday, September.24th at 7:30 P.M. be.set aside for this meeting. Mayor Christy - The Street Department has the new canal cleaning machine and is working hard to clean the canals. RESOLUTIONS None . Council Minutes 9/15/80 -3- .' f(.) o (.. :',j.:.. ~~';'.NCES A~~qrney Woods read Ordinanc8 80-0-70 by title only. (lst readinc: ;~: ORDINA.NCE CREATIKG J... ZmUI:G DISTRICT IN THE CITY OF EDGE\':I-.TE:-:, FLORIDA TO BE KNOWN AS THE PLANNED INDUSTRIAL DEVELOPMENT ZONII,G DISTRICT; PROVIDING FOR CODIFICATION OF THIS ORDINANCE AS SECTIOl~ 607.03 OF THE EDGEWATER CODE OF ORDINANCES; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; PROVIDING FOR REPEAL OF AL~ ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion to approve Ordinance 80-0-70. Councilman Asting seconded the motion. Councilman Rotundo indicated there would be more income for the City if this is approved. Mr. Macino, acting as temporary Chairman of the Planning Board, was objecting to action on this Ordinance because the Planning Board was not consulted. !.lr. Vasquez wanted to know hO\\' many acres were involved. Nr. \\lood5 stated there was no particular property involved, that it was only creating a Zoning District. Councilman Cameron spoke regarding the Zoning and Planning Boards. ~ayor Christy agreed with Mr. Macino that the Planning Board should be consulted. Mr. Woods reminded the Mayor that the City has a permanent Planning Department and a Planning Board for the enactment of the Comprehensive Plan. The City Planner, Pat Hurley, was called upon to answer questions by the Council and audience. He indicated both the Planning Board and the Zoning Board was included in the rough draft of the ordinance. Ms. Webber addressed her statement to the Attorney. She said that the original charter stated there would be a Planning Board. Attorney Woods repeated he did not wish to get into a discussion between the Planning and Zoning Boards. Upon roll call the motion CARRIED 3-2': Councilman Ledbetter and Mayor Christy voted NO. Mr. Opal called a point of order against Councilman Asting's question to the Attorney concerning his vote on the motion. Mr. Cloer said he didn't understand why the audience should put up with the comments from the Councilmen or anyone else. Mayor Christy said it would stop. ~ OLD BUSINESS Water/Wastewater - Councilman Rotundo requested Mr. Wadsworth to explain multiple units/trailer park rates. Mr. Wadsworth explained the multiple units would pay $3.25. He explained these were only recommendations to the Council. Mr. Gross spoke why the rates are the same for residential as conunercial. Mr. Vidabor spoke on the structure of collecting fees. He feels the residential and conunercial user should be charged the same and based on the amount of water used. council Minutes 9/15/8.0 -4- :":'-.2.1y (.)" use E~() ~'..:~.'-~.'::'. (.,) 1: IH:2l :- Zi::lY shun::: . Tn,::!'c. '..:F- S further discussion by J.~:-. ;;estle, Mr. Cloer, Councilmar: Lf;(};.Jctt.er, Councilman CameJ:on, Er. Le"'lis, Mr. Vidabor, Hr. Gross u;,'i i~t:::orney \'7oods regarding an egul table rate structure for p~ji~g their fair share. A ~arkshop was suggested for additional input by the Water/Waste- water Supervisors. Mr. B0sse suggested the Consulting Engineers be contacted for a study. Mayor Christy reminded the Council iL would cost the City approximately $20,000 for this study. . After lengthy discussion it was decided a workshop be set on Thursday, September 18th at 4:00 P.H. Refuse Rates - Mayor Christy stated we need an increase from $3.50 to $4.50 to maintain the present pickups that are being made. Hr. Osban is going out of business and the City will have to haul its Ohn. Mr. Osban would like to lease the transfer station to the City with an option to purchase. Attorney Wooas said he had been in contact with the Street Depart- ment regarding this purchase of tractor/trailer and lease of the transfer station. Earl Copeland said that Mr. Osban had not been able to sell his franchise and would still like to make a deal with the City to rent the transfer station and sell the vehicle, but he would like the use of the transfer station in the mornings until such time as he sells the franchise. }ir. Copeland requested the Cou!1cil to a~t.~crize hiili to inspect the concit.io~ o[ Lhe vehicle. Councilman Cameron made the motion to authorize the Supervisor of the Street Department, Earl Copeland, to inspect the vehicle of Mr. Osban. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting made a motion to authorize Attorney Woods to enter into negotiations with Mr. Osban ror the modified use of the transfer station. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The decision on the water/wastewater and refuse rates will be brought before the Council at the September 22, 1980 meeting. ~';ild...;ood Subdivision - A letter from Briley, ~\1ild Associates was read stating they were in agreement with a five year agreement with Towers Construction Company for maintenance of the road after an additional I" of asphalt is applied, subject to approval by the City Attorney. ~1r. Towers confirmed they would concur with Briley, Wild recom- mendations. Motion was made by Councilman Asting to authorize the City Attorney to prepare an agreement with the Towers Construction Company and the City for the Wildwood Subdivision paving. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Briley, Wild & Associates Contract - Councilman Asting made a motion to form a committee to discuss the revised contract. This committee should include the Water/Wastewater Supervisors, City Clerk, City Attorney, Councilman Asting, and the Briley, Wild representative. The motion was seconded by Councilman Cameron. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO on the drawing of the contract. Council Minutes 9/15/80 -5- . , " o Q :J;.,; _.:=.-__, .. S~,tback (!ue:~t:ic;n - :_'J" ""LUnLln Cameron stated he nc'~ h::.s ~:..t.c'::'-:';<.' \olor}:ing on the setD2C:.: GUest:.lon at this time and was t:.ryi:'J~: -...." resol-.;e the proi.Jle:... !.lc:~.'c:~ C:~~ist:y read a letter from tne Building Official mailed regarding the setbac~ violation. This requested a p~operty. So:. . :.,=,,-~''2:- ~jth - su:..-p,?,,' c: the Attorney Woods stated he had been informed by Attorney Chester that he \.:ill be representing 1-1r. Cameron in this matter and plans to file an appeal to the ,Board of Adjustments. The matter is now O'.lt of the Council's hands until the Board of Adjustments renders a decision. Councilman Cameron suggested the Council check into other encroach- ments in the area, such as Ms. Webber's property. AUDIE~CE MISCELLANEOUS Ms. Webber - Read from the City Charter which established the Planning Board on January 9, 1975, page 1133. The Zoning Board was also established at that time. She wanted an amendment to the new Ord. 80-0-70 to include the Planning Board along with the Planning Dept. City Attorney Woods stated this ne~ Ordinance could be amended at the second reading. Mr. Armstrong - spoke on the water rates increase and the necessity of an increase. He feels the la~ does not allo~ a differential for the commercial and residential use or for people holding a home occupational license. Mr. Hatfield - spoke regarding the trash increase and feels an increase is not needed~ There was a brief discussion concerning the possible combination of the Planning and Zoning Boards at a later date. r.;::::~'~ EUSINESS None ADJOURN Councilman Rotundo made a motion to adjourn and was :::::::m:~~::~::t::: The meeting was a~~ Patsy L. McCann seconded by ATTEST: .~t~( City _Cl k (/ /1 -;f~ f/r( ~ V Councilman ~~ Council a ~ Mayor Council J'linutes 9/1r;/80 -(;- ~ ~ ~f;>) J ~ )M FOf\.) 4 , MEMORANDUM OF VOTING CONFLICT UTE ON WHICH VOTE OCCURRED: September 15, ,19 80 PART A Name: CAMERON JAMES H. Telephone: 904 427-3856 (ZIP CODE) (AlC) (NUMBER) Volusia (COUNTY) Address: (LAST) (FIRST) 1505 S. Riverside Drive (STREET) (MIDDLE) Edgewater (CITY) 32032 PART B Agency is a unit of [check one] : ) State of Florida; (Xl County, City or other Political Subdivision Name of Agency: CITY COUNCIL, CITY OF EDGEWATER Position held in Agency: COUNCILMAN ZONE 3 PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes S 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: A motion made by Councilman Ledbetter to deny the request of the Zoninq Board for a rezoninq of the B-3 area, corner of Ocean Avenue and Old County Road. This motion was seconded by Councilman Astinq and carried 5-0. 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: I have no personal, private or professional interest and will not benefit and I am not retained by any one who will gain. This property is owned by my Father and he did not request any change .>in the present zoning. 3. Person or principal to whom the special gain described above will inure: a. ( ) Yourself b. ( Principal by whom you are retained: N/A (NAMEl . 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. PART E ;.i.. l';:~~ 1('/ a~'L;:':~_ SIGNATURE OF PERSON DISCLOSING ~I ;' ~.~,f __ ok: /.y, " /0 ./f2D _I, ~TE SIGNED NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES S112.317 119751, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPr r.n",;!::NT, REMOVAL OR SUSPENSION FROM OFFIC"l OR EMPLOYMENT, DEMOTION, REDUCTIDrJ IN SALARY, REPRIMAND,OR A CIVIL P;:'W'.L I'. r;OT TO,EXCEED $5.000. CE FORM 4. EFF. 1/1/77