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09-08-1988 ~ . u o CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING THURSDAY, SEPTEMBER 8, 1988 7:00 P.M. COMMUNITY CENTER Chairman Nancy B1azi called to order a regular meeting of the Land Development and Regulatory Agency at 7:00 p.m., Thursday, September 8, 1988, in the Community Center. ROLL CALL: Members present were Mr. Bennington, Mrs. B1azi, Mr. Garthwaite, Mrs. Glover, Mr. Hardester and Mrs. Martin. Also present were Lynne Plaskett, Planning Assistant/Grant Administrator and Beverly Kinney, Secretary. Mr. Klein arrived at the meeting at approximately 7:05 p.m. APPROVAL OF MINUTES: The minutes of July 14, 1988, were presented for approval. Mrs. Glover moved to approve, seconded by Mr. Hardester. Motion Carried 6-0. The minutes of July 19, 1988, were presented for approval. Mr. Hardester moved to approve with an amendment stating__he was present at the meeting. Mrs. Martin seconded the motion. Mr. Klein arrived at the meeting. Motion Carried 7-0. The minutes of August 11, 1988, were presented for approval. Mr. Garthwaite moved to approve, seconded by Mrs. Glover. Motion Carried 7-0. The minutes of August 17, 1988, were presented for approval. Mr. Bennington noted he should have been excused from the meeting, not marked absent, because he had to work. Mrs. Glover moved to approve the minutes, but they should reflect Mr. Bennington as being excused. Mr. Hardester seconded the motion. Motion Carried 6-1. Mr. Bennington voted no. The minutes of August 25, 1988, were presented for approval. Mrs. Glover moved to approve, seconded by Mrs. Martin. Motion Carried 7-0. SITE PLANS: SP-8809 Belmont Plaza B-5 Falcon Avenue & U.S. 1 Final Approval: It was noted that preliminary approval had been granted on August 11, 1988, and the plans before the Board were revised to reflect the Board's action at the August 11, meeting. The Board discussed the revised plan with Mr. Geil, authorized agent, and several residents of Pelican Cove West subdivision. Mr. Carder, owner of the property, was also present. Mr. Garthwaite moved to grant final approval of SP-8809 with the following conditions: 1. The sidewalk is to tie into the existing sidewalk on Sandpiper, 2. There is to be a five (5) foot separation between the drive and the sidewalk beginning at the South entrance of the proposed plaza, with six (6) inch curbing, 3. The certificate of occupancy will not be issued until the sidewalk is done to specifi- cation (U.S. 1 to Sandpiper). The motion was seconded by Mrs. Martin. Motion Carried 7-0. Mr. Hardester filed a conflict of interest form. Mrs. Blazi called a break at 7:50 p.m. The meeting resumed at 8:00 p.m. MINOR SUBDIVISIONS: MS-0188 Pines Subdivision Pine Avenue R-1B: Linda Lange was the authorized agent for owners Sue Knapp-Steen and Elizabeth Knapp Dandalides. The Board discussed utility services, and the subdivision rules and regulations for minor subdivisions with Mrs. Plaskett. Mrs. Glover moved to grant approval of the application for the minor subdivision. Mr. Bennington seconded the motion. Motion Carried 7-0. ~ o OLD BUSINESS: Code Enforcement Report to Board by Dennis Kelly, Interim City Manager: Mrs. Blazi informed the Board, Mr. Kelly was not available, because he was on a job interview. Volusia County Borrow Pit Discusssion: Danny Hatfield of the Industrial Development Board was present for this discussion. The Board questioned whether the pit was a permitted use, and who would be in charge of code enforcement. The Board discussed the fact that the City is self insured, and may not want the liability of a pit. The Board discussed the property appraisal, figured with an R-2 zoning, even though the property is zoned agricultural. Mr. Bennington moved to have a special meeting with the Parks and Recreation Board, the Industrial Development Board and the Land Development and Regulatory Agency, as soon as possible. The meeting is to be arranged through administration, and is to be held in the evening. Mrs. Glover seconded the motion. Motion Carried 7-0. Loading/Off-Loading Zones Section 700.02: There was much discussion regarding the conflict in section 700.02. Mr. Bennington moved to change the wording in conflict (page 1627) to state "up to 24,999 square feet" would require one (1) loading/off-loading space. The motion died for the lack of a second. Mr. Bennington read section 1200 regarding loading/off-loading zones. The Board agreed a structure up to 5,000 square feet does not require a loading zone, and to leave section 700.02 as it is. COMMUNICATIONS: Chairman Reports: None Board Member Reports: The Board discussed the report that was due from Mr. Kelly regarding Code Enforcement. Mrs. Martin moved to have a response from Mr. Kelly by September 22, 1988, or a formal resolution would be forwarded to Council, per the City Attorney's recommendation. Mrs. Glover seconded the motion. Motion Carried 7-0. The Board agreed they wanted Mr. Alvarez present when Code Enforcement is discussed. The Board discussed their powers and duties as outlined ln Ordinance 88-0-8. Mr. Klein pointed out the Board had approved a site plan, which involved placing a used structure on the Northwest corner of S.R. 442 and U.S. 1. He informed the Board permitting this was in violation of the deeds and covenants of Florida Shores. Mrs. Plaskett felt this was a civil matter, which needed to be taken care of by the homeowners association of Florida Shores. Mr. Bennington asked to have section 706.00, fences, walls and hedges, and open houses on an agenda ln the near future. There being no further business to corne before the Board, Mrs. Glover moved to adjourn, seconded by Mr. Hardester. The meeting adjourned at approximately 9:00 p.m. Minutes respectfully submitted by: Beverly Kinney, Secretary Land Development and Regulatory Agency Regular Meeting Thursday, September 8, 1988 -2- .:c.. :fORM 8B MEMf'~ANDUM OF 'VOTIN~-~ONFLICT FOR ~C~UNTY, MUNICIPIl1, AND 'OTHER' LOCA'r'PUBLIC OFFICERS I.ASl NAMl'-f1RST NAMlc-MIDULE NAME NAME OF BOARD, COlJNCll..COMMISSION, AIt'THORITY, OR COMMITTEE Lv~/P THE BOARD. COUNCIl., COMMISSION, AUTHORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: COUNTY ; : OTHER I...OlAl AGENCY c-~?(7~/ T COUNTY NAME OF POLITICAL SUBDIVISION: ., ElECTIV!: MY POSITION IS: WHO MUST FILE FORM 88 This form is for use by any person serving at the county. city, or other local level of government on an appointed or elected board, council, commission, authority. or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143. Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a connict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the connict: PRIOR TO THE VOTE BEING TAKEN by'publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by/completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate-the form in the minutes. APPOIl'lTED OFFICERS: A person holding appointive county. municipal. or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the connict before making any attempt to influence the decision by oral or written communication. whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. . A copy of the form should be provided immediately to the other members of the agency. . The form should be read publicly al the meeting prior to consideration of the matter in which you have a connict of interest. (1IIIK\I~1I III MI. PAG!: I . __ 1""' "ii'~6~ Mi\KE N~ A lTEMPT TO INFQNCE THE DECISION EXCEPT BY DISQSION OR VOTE AT THE MEETING: . You should disclose orally the nature of your connict in the measure before participating. . You should complete the form and file it within IS days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STAn OFFICER'S INTEREST I, % ~- ~~:# ~.Y .c L-- ,hereby disclose that on / y -- p--- - ,19~ (a) A measure came or will come before my agency which (check one) _ inured to my special private gain; or _ inured to the special gain of , by whom I am retained. (~) The measure before my agency and the nature of my interest in the measure is as follows: ~ 4;?/4#7/~c:!.aJ. ,4(:0. ~S..f'#. .:s~ - 2 (. ~":'l ~~~/ /f~F Date F" d ~~~ ~~/~~ Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~1l2.3I7 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y 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 FOR\l 88 - 10-86 PAGE 2