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09-08-1980 - Public Hearing/Regular ..' u ~ ~; u -- CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING September 8, 1980 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 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 The purpose of the Public Hearing was to discuss the proposed increase in water/wastewater rates. Mayor Christy asked Terry A. Wadsworth, Supervisor of the Water Department to explain the proposed rate increase for that Depart- ment. Mr. Wadsworth explained that an overall rate increase had not taken place since August, 1977 and that it was necessary to keep up with the increase of costs and materials. The proposed increase is from $3.50 minimum to $3.95 for the first 2,000 gallons; from $.75 to $.95 for each additional 1,000 gallons; and from $3.00 to $3.25 for additional units for multiple units. / There was lengthy audience discussion by Mr. Keppel, Mr. Dietz, Mr. Gross, Mr. Lodico, Mr. Armstrong, Ms. Murphy and Mr. Opal. It was the general concensus of opinion that a water increase was not necessary and that we should utilize the existing funds and better management to obtain the necessary objectives of the Water/ Wastewater Departments. Mr. Dietz raised the point we pay a utility tax which should be enough for the bond indebtedness, along with the increase in growth of the City. Mr. Lodico questioned the method of compiling information by the Supervisors for this increase and the fact there has been an increase in personnel. Mayor Christy called for a recess of the Public Hearing at 7:00 P.M. to open the Regular Council Meeting. CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING September 8, 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 u ~ INVOCATION Reverend Boggs SALUTE TO FLAG Mayor Christy called for a recess of the Regular Meeting to return to the Public Hearing. Mayor Christy asked Mr. K. C. Bosse, Supervisor of the Wastewater Department, to review the proposed budget for 1980-81 for that department. Mr. Bosse stated because of the increase in costs, materials and personnel a 110% of water rates increase was needed. At the present budget the City cannot maintain service during the next year, nor could the condition on Riverside Drive be repaired. Mr. Asting invited the public to visit City Hall to review invoices, checks, etc. to verify the necessity of the proposed budget. A discussion followed with input from Mr. Lodico, Mr. Gross, Ms. Martin, Mr. Montesano, Mr. Keppel and Ms. Nichols. Mr. Monte- sano requested an explanation of the quantity of chlorine and lime used in the water treatment. He also requested Mr. Wadsworth inform the Mayor as to how much chlorine and lime is necessary to treat 2,000 gallons of water. Mr. Wadsworth explained the City is governed by the DER regulations and reports directly to them. Ms. Nichols questioned the reason for the sewerage plant odor and the reason the City was not expanding on the services. Mayor Christy noted the engineering firm said it could be because of the bacteria balance. Mr. Asting reminded the audience that the referendum on the sewerage system for Florida Shores was voted down by the people on the last election. He also stated the system is being expanded in the subdivisions. Mayor Christy requested that the action on the Public Hearing be moved to after the Bills and Accounts instead of under New Business, and asked for a move to adjourn. The motion was made by Councilman Ledbetter to adjourn. Councilman Rotundo seconded the motion. The meeting was adjourned and recessed. APPROVAL OF MINUTES Councilman Rotundo made a motion to accept the minutes of the Regular Meeting August 25, 1980. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Cameron made a motion to approve bhe bills and accounts. Councilman Rotundo seconded the motion. Councilman Asting questioned the bills covering wheels, tires and tubes and the departments involved. The City Clerk advised these were for the Street Department and the Police and Fire Departments. Upon roll call the motion CARRIED 5-0. September 8, 1980 Minutes -2- \J (.) Action On Public Hearing Councilman Cameron made a motion to accept the recommendation of the Water/Wastewater Department Supervisors and increase the rates proposed. Councilman Asting seconded the motion. Councilman Rotundo stated he felt the 110% increase for the waste- water is out of line. Councilman Cameron asked if the $3,500.00 toward the dispatcher could be cut down. A discussion followed concerning the calls the dispatcher answered. Mr. Opal and Mr. Gross spoke on the $3,500.00. Councilman Cameron withdrew his motion and Councilman Asting withdrew his second. Councilman Asting made a motion to increase the water rates as proposed and to increase the wastewater to 105% instead of 110%. Councilman Cameron seconded the motion, only for discussion. Councilman Cameron objected to the Police Department being respon- sible for the dispatcher for the Water/Wastewater Departments. He then withdrew his second to the motion. The motion died for lack of a second. Councilman Ledbetter made a motion to table the action on the rate increase until after the workshop with the engineers on September 9, 1980. Councilman Asting seconded the motion. Councilman Rotundo stated he did not feel the necessity for contacting the engineering firm since there was no feasibility study. Mr. Gross inquired since the action was tabled would it be on the agenda for September 15, 1980. He was assured that it would be. Councilman Asting spoke regarding the morale bf' :the::',personnel ~of the Water/Wastewater Departments because of the suspicions brought against them. Upon roll call the motion CARRIED 4-1. Councilman Cameron voted NO. COMMUNICATIONS The City Clerk read a letter from Associated Marketing Inc. requesting approval for added bench placement locations. Councilman Ledbetter made a motion to add the requested bench locations. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Towers Construction Company and one from Briley Wild & Associates concerning the paving of the Wildwood Subdivision. Mr. Ward Towers spoke regarding Briley wild & Associates recommendation that they add 2 1/4" of asphalt. He and Mr. Hall indicated it would bring the standard to that of a major highway. They offered a warranty of five years if the Council would accept the existing asphalt. Attorney Woods stated the City is bound by the decision of the engineering firm. Councilman Asting made a motion to table this decision until the workshop with Briley Wild on September 9, 1980. Councilman Cameron seconded the motion. Mr. Montesano spoke on the Wildwood Subdivision stating the roads that are existing are "chopped up". Upon roll call the motion CARRIED 5-0. Minutes September 8, 1980 -3- u o The City Clerk read a letter from F. P. Concannon requesting an extension of his original permit for a temporary construction trailer. Councilman Rotundo made a motion to extend the permit for 90 days. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. . The City Clerk read a letter from Paul Stockhausen concerning the City selling a 30 ft. piece of land adjoining his lot. It has been the past policy of the City to keep existing access points to the Indian River. Councilman Ledbetter made a motion to deny the request to sell the land. Councilman Rotundo seconded the motion. Councilman Cameron stated this particular lot is a detriment to the City because it has to be maintained by the City. Upon roll call the motion CARRIED 4-1. Councilman Cameron voted NO. The City Clerk read a letter from the Zoning Board regarding the possibility of increasing the occupational license fees. Mayor Christy recommended this be tabled since the licenses for 1980-81 had already been sent out. Councilman Asting made a motion to table the increase of occupational license fees until a workshop could be held. Councilman Ledbetter seconded the motion. Jim Mackie, Chairman of the Zoning Board related there had not been an increase since 1972. This letter was presented as a help to the budget for 1980-81 and was not meant to aggrevate the Council. . Dan Holahan stated he holds three occupational licenses in the City and he does not feel this is a function of the Zoning Board. The City Clerk read the letter from the Zoning Board concerning the P.I.D. City Attorney Woods stated no action could be taken on this until a new ordinance he is preparing is introduced and adopted. This ordinance should be ready for the first reading on September 15, 1980 at the regular meeting. Ms. Webber spoke stating that the State law requires the Planning Board pass its approval before a vote could be taken. The City Clerk read the letter from the Zoning Board regarding the fact that all Board members resigning should turn in materials used during their term. Mayor Christy stated this is already a Sunshine Law. Due to the absence of Mr. Vandergriff, Chairman of the Merit Board it was requested those communications be tabled until the next regular meeting September 15, 1980. Councilman Ledbetter made the motion to table the Merit Board communications and Councilman Rotundo seconded the motion. The motion CARRIED 5-0. September 8, 1980 Minutes -4- . , . . '-' o The City Clerk read a letter from herself concerning Xerox copies. Because of new budget allocations it is felt a tighter control on copying should be instituted. Councilman Asting made a motion to adopt the copying procedures and Councilman Ledbetter seconded the motion. The motion CARRIED 5-0. A Home Occupational License requested by Cohn & Janet Barnes was reviewed. Mr. Barnes stated that only telephone functions would be handled from the home. Storing would be done at the manufacturing site. Couniclman Asting made a motion to grant the license. Councilman Cameron seconded the motion. Ms. Murphy inquired that there would be no signs on the property. She was assured there would not be. Upon roll call the motion CARRIED 5-0. COORDINATORS .REPORTS Councilman Rotundo - Stated he had been asked by Mr. Phillips if it would.be necessary to have a charter or ordinance change to get funds back to the proper department, e.g. insurance funds g6ing back to the Police Department when their vehicles are in an accident. The City Clerk stated the budget has been amended and funds have gone back into the Police Department under these circumstances. Councilman Ledbetter - none Councilman Cameron - none Councilman Asting - none City Attorney Woods - none City Clerk Blazi - none Mayor Christy - Told the Council that the County has approved the installation of a traffice light at the intersection of Highway 442 and U.S. 1. A letter will be forthcoming confirming this. Mayor Christy also stated the Coast Guard will place "Slow Speed, No Wake" signs in this area to protect the manatees. RESOLUTIONS City Attorney read Resolution No. 80-R-175. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA AMENDING SECTION 5 of RESOLUTION 80-R-149; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mr. Holahan feels this Resolution restricts the freedom of the press and should be removed. City Attorney Woods reminded Mr. Holahan this is not part of this Resolution. Mayor Christy would like the words "reasonable time" added to the Resolution. Councilman Asting made the motion to adopt Resolution 80-R-175 and Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 5-0. September 8, 1980 Minutes -5- . . Q o ORDINANCES ORDINANCE 80-0-68 (Second Reading) AN ORDINANCE AMENDING THE BUDGET FOR THE CITY OF EDGEWATER, FLORIDA AS ESTABLISHED BY ORDINANCE 79-0-29, BY TRANSFERRING CERTAIN FUNDS FROM ONE CITY DEPARTMENT TO ANOTHER CITY DEPARTMENT; AUTHORIZING SAID TRANSFER BY THE CITY CLERK; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AS REQUIRED BY LAW; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Cameron made a motion to adopt the Ordinance 80-0-68. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCE 80-0-69 (First reading) AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA BY ADDING THE CONSTRUCTION OF DUPLEXES AND MULTI-FAMILY DWELLINGS, INCLUDING TOWNHOUSES AND CLUSTER HOUSING IN THE B-2, B-3, B-4 AND B-6 ZONING DISTRICTS AS SPECIAL EXCEPTIONS IN SAID ZONING DISTRICTS; PROVIDING FOR COMPLIANCE WITH DIMENSIONAL REQUIREMENTS AS SET FORTH IN SECTION 603.01, R-4 MULTI-FAMILY DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ADVERTISEMENT OF THIS ORDINANCE BY THE CITY CLERK AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt the Ordinance 80-0-69 and Councilman Cameron seconded the motion. A discussion followed. Ms. Webber reiterated the fact that this Ordinance should not have been brought up before a year passed and that it is for the benefit of special interest groups. Further discussion was given by Jim Mackie and Dan Holahan. Attorney Woods reminded the audience the Zoning Board has made this recommendation and the stipulation referred to an applicant, not a City rezoning change. Ms. Webber and Mr. Holahan were in disagreement with Mr. Woods.. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. The letter from the Volusia Council of Government was reviewed. Councilman Rotundo made a motion to approve the request for endorsement of the Regional Airport Layout Plan by letter. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Cameron presented a letter from his attorney, Mr. Gillespie, regarding the question of setbacks. Attorney Woods read the letter which stated the encroachment is not a municipal problem but that of a private citizen. Attorney Woods was instructed to provide the Council with a legal opinion on the matter for the regular meeting September 15, 1980. AUDIENCE MISCELLANEOUS Mr. Opal inquired as to why the letter from the Zoning Board regarding rezoning of a B-3 area was removed from the agenda. The City Clerk informed Mr. Opal it was removed by the Zoning Board for further study. Mr. Opal requested that it be put on the agenda for September 15, 1980. September 8, 1980 Minutes -6- .- ~ o ..- Mr. Holahan asked the Council to give more thought to the vacant land rather than people on the matter of rezoning. Councilman Asting inquired of Ms. Webber what special interest groups she was referring to previously in the meeting. Ms. Webber stated she referred to building contractors. Mr. Opal wanted to know how the Zoning Board could vote 7-0 in favor of something they know nothing about on the question of rezoning. NEW BUSINESS None ADJOURN Councilman Rotundo made the motion to adjourn the meeting. Councilman Ledbetter seconded the meeting. The Meeting was adjourned at 10:15 P.M. Patsy L. McCann Me Minutes submitted .. - . p , k; . io;~ Councilman I J ~ d:~ Cuncilman ~I'/~ JCouncilman 7~~ ATTEST: ~ j/~, V' ". .~..~ -~ APPROVED_-=-THIS /~ DAY OF September, 1980. =~-~p ~~ Mayor September 8, 1980 Minutes -7-