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09-19-1983 - Regular . o o CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 19,1983 MINUTES Mayor David Ledbetter called the meeting to order at 7:03 PM in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting Present Present Present Present Councilman Jack Spencer Present City Attorney Jose Alvarez Arrived Late City Clerk Connie Kinsey Present Police Chief Earl Baugh Arrived Late Reverend Harvey Hardin gave the invocation. There was a salute to the flag. APPROVAL OF MINUTES Special Meeting of August 11, 1983 - Councilman Spencer moved to approve the minutes of the Special Meeting of August 11th. Councilwoman Bennington seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO due to absence. Regular Meeting of August 15, 1983 - Councilwoman Bennington moved to approve the minutes of August 15th. Councilman Spencer seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO due to absence. Special Meeting of August 22, 1983 - Councilman Spencer moved to approve the minutes of the meeting of August 22nd. Councilwoman Bennington seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO due to absence. Special Meeting of September 7, 1983 - Councilman Wargo moved that the minutes be accepted. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Special Meeting of September 12,1983- Councilman Asting moved to adopt the minutes of the meeting of September 12th. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Councilman Spencer moved to have a five-minute recess to try to get the noise out of the public address system. Meeting was recessed at 7:10 PM. Meeting returned to order at 7:12 PM. BILLS AND ACCOUNTS Councilwoman Bennington moved to pay the bills and accounts. Councilman Spencer seconded the motion. Mayor Ledbetter questioned the bill to Apple Computer and City Clerk Kinsey said that was for Library equipment. Mayor Ledbetter asked about the Compucon Engineering bill and City Clerk Kinsey said that was for the lift station. City Attorney Alvarez and Police Chief Earl Baugh arrived at the meeting at this time, 7:14 PM. Mayor Ledbetter then asked about a bill of $610.71 for repairs and mainten- ance on page 3. City Clerk Kinsey said that the majority of that was for repair to pagers for the Fire Department. Mayor Ledbetter asked about item 13 on page 12 to Diversified Electronics for repairs and maintenance and City Clerk Kinsey said that was for repair for one radio for the Garbage Department and for five radios and two pagers for the Water and Sewer Department. Mayor Ledbetter suggested consolidating these and City Clerk Kinsey said it's been a departmental choice but she would research it to use one service. Motion to pay the bills and accounts CARRIED 5-0. MISCELLANEOUS Mr. John Siburn, Connecticut Avenue, spoke on the Professional and Business Mens Association that was formed and he asked who was going to run the City. He referred to the building on Connecticut Avenue that his wife called to Councilwoman Bennington's attention due to a garbage problem. He reminded Council that they represent about 7,000 people in the City and not just a couple of dozen. o o MISCELLANEOUS (continued) Ms. Roberta Curran, Riverside Drive, read a September 19th letter she sent to the Department of Natural Resources regarding Menard Park. She stated that her abstract shows there are restrictions that prohibit structures in excess of three feet. She asked if City Attorney Alvarez could look into this matter. Mr. 'Walter Gross, Lake Av_e.,said at the last meeting a motion was made and a vote taken to hire the City Building Inspector and that was turned down by a four to one vote and asked if Council was waiting for something on this. Mayor Ledbetter advised him that a meeting was scheduled for the following morning at 9:00 AM on that subject. Mr. Gross spoke on a newspaper article regarding Councilman Spencer's involvement with the Certified Development Company Corporation. He said they were selling shares at $50.00 each and were soliciting loans from private and banking associations for individuals. and he felt this should be under the jurisdiction of the Chamber of Commerce. He asked Councilman Spencer to withdraw from that organization or resign as a Councilman of the City of Edgewater. He asked Mayor Ledbetter for a comment on this and Mayor Ledbetter said he would not be involved in it. Councilman Spencer clarified the intent of the Certified Development Company Corporation and noted that Doris Massey, the Chairman of the Industrial Development Board, and John Vazquez, a member of the Industrial Development Board had attended a meeting in Jacksonville on this subject. Councilman Spencer stated that he felt this would be good for New Smyrna Beach, Edge- water and Oak Hill and when formulated it will be a non-profit corporation to aid small businesses or local businessmen. Councilman Spencer noted that this was brought up at a previous Council meeting and the City Attorney had indicated that it was per- fectly all right for him to serve on the committee for the formation. Mr. Gross asked Councilman Spencer if he could sell him a share and Councilman Spencer said he could. Mr. Gross asked Council to put a stop to this because he felt they were leaving themselves open to many legal procedures. Mr. Frank Opal, Florida Shores, reminded Council you can only serve two masters. He then spoke on the September 8th meeting at City Hall and said he saw Mr. Terry Wads- worth locking the door after the meeting was over and asked if this was a common practice. He said he called two Council members but has yet to receive an answer from either one and he later found out it was an ad hoc committee and he'd never heard Council discuss such a committee. He asked if there were pseudo-Council members. City Clerk Kinsey noted this was an ad hoc committee appointed by the Planning Commission to review the Comprehensive Plan and there was no secretary being paid overtime for this meeting and Mr. Wadsworth offered to run the tape recorder. Councilwoman Bennington stated the members were the Planning Commission Chairman and Mr. Roman Sadowski and Mr. Greg Stewart from the Zoning Commission, plus Hr. Wadsworth on his own time, and Ms. Ann Thomas of Parks and Recreation and Mr. Elmo Hillerich from the Planning Commission. Mr. Opal said these duties are for the City's Planning Commission and they don't need an ad hoc committee. Mayor Ledbetter asked Mr. Opal if Council can do anything to please him and Mr. Opal replied that he wasn-'t pleased. Mr. John Gross, 404 Riverside Drive, asked Councilman Spencer several questions relating to the Certified Development Company Corporation and its operation, such as whether it was cleared through the Securities and Exchange Commission and if the $50.00 was actually just a contribution and if the purchase of a share gave voting privileges. Councilman Spencer replied to all the questions and advised Mr. Gross there would be a meeting of shareholders between October 15th and the end of October and at that time they will elect a Board of Directors and adopt by-laws. COUNCIL/OFFICERS REPORTS/BOARDS AND COMMITTEES Council Reports - Councilwoman Bennington said she had calls from several residents regarding City vehicles being used for personal business and moved that Council direct the City Clerk to issue a memorandum to all departments they any use of the City vehicle is prohibited for personal business. Councilman Asting sec01ded the motion, Motion CARRIED 5-0. Councilwoman Bennington said she had quite a few calls on garage sale permits and Deputy City Clerk Susan Wadsworth wrote a memo on this. She moved that they turn this over to the Zoning Commission as she thought this would affect them,with the recommendation that they charge a fee of perhaps $2.50 a garage sale for three days and limit it to four sales a year. Councilman Spencer seconded the motion. Councilman Wargo stated he was opposed to charging any type of fee but felt it should be controlled. City Clerk Kinsey said she had ordinances from five other cities and they had a minimum charge of $2.00. Councilman Asting said he agreed with the $2.00 and Councilman Spencer stated he was in favor of the Zoning Commission looking it over and making their recommendation. Motion CARRIED 5-0. -2- Regular Council Meeting Minutes September 19, 1983 o o Council Reports (continued) - Mayor Ledbetter said that due to the controversy on the Menard Park project he asked the Council for permission for the City Attorney to file the appropriate suit to see if they have deed restrictions on the height. Councilman Asting moved that the City Attorney get a judgement as to the restrictions. Council- woman Bennington seconded the motion. Motion CARRIED 5-0. City Attorney Reports - City Attorney Alvarez advised Council that an investigation will be conducted relative to Council's motion to have the State's Attorney investigate the activities of the past Councils and past City Attorneys~ and he will need to spend some time on this matter. Councilman Spencer moved that Council authorize the City Attorney to spend the appropriate time on this matter. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Clerk Reports - City Clerk Kinsey thanked;those employees who worked on the completion of the football field, and especially thanked Mr. Terry Wadsworth on the sprinkler system and Mr. Earl Copeland on the sod. Councilman Asting recommended a letter be put in the personnel files of the department heads who contributed to the construction of the football fields. Councilman Spencer said he congratulated anybody that got up so early and worked in such hot weather. Mayor Ledbetter said anybody who got up that early needed praise. City Clerk Kinsey said a motion is needed to instruct the City Attorney to draw up an ordinance regarding the refuse collection proposed rate increases. Councilman Spencer moved that the City Attorney be instructed to draw up the appropriate ordinance. Councilwoman Bennington seconded the motion. Councilman Asting noted that it costs the City $5.00 for each refuse pickup and they are only collecting $4.50 now. Motion CARRIED 5-0. City Clerk Kinsey said a motion is needed to instruct the City Attorney to draw up a utilities ordinance to replace 80-0-43 to include all amendments plus the proposed rate increase for water and sewer. Councilwoman Bennington made that motion. Council- man Spencer seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey said she had distributed copies of Mr. Earl Copeland's evaluation earlier and had recommended a 3% salary increase retroactive to his anniversary date of July 13th. Councilwoman Bennington moved to accept her recommendation. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey said the City Engineer's position is open and asked if Council wanted to hold a workshop or review former applicants or advertise. Councilman Asting moved to advertise for a City Engineer on a part-time basis. Councilman Spencer seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey said the Parks and Recreation Board had submitted a job description for a director but it did not include the duties of the Buildings and Grounds. She recommended a special meeting or workshop to see if they want to combine the position and suggested a September 28th date. She noted that the temporary position expires October 1,1983. Councilman Spencer stated he had understood it was to be a dual position and suggested Council draft a job description to have in front of them on the 28th to modify or approve. Councilman Asting moved to have a special meeting on the 28th of September to discuss and appoint this position. Councilman Wargo seconded the motion. It was agreed the meeting time would be 10:00 A.M. Motion CARRIED 5-0. Councilman Asting asked if we had applications and City Clerk Kinsey said we had appli- cations but had not advertised yet. City Clerk Kinsey said the bookkeeping for the end of the fiscal year could be reduced if Council could hold a special meeting on September 30th to pay the bills and accounts and suggested a 1 :00 P.M. time that date. Councilman Wargo made that motion and Councilman Spencer seconded the motion. Motion CARRIED 5-0. Department Head Monthly Reports - Councilman Spencer commented on the new format of the Utilities Department report and noted the new section shows 63% of the Water Plant is utilized during the month of August and 66% of the DER committed plant capacity and in the Sewer Plant it was 33% utilized and 64% of the DER committed plant capacity. -3- Regular Council Meeting Minutes September 19, 1983 J J o o Util~ies Department re: Recommendation for Filter Media Bid - Mr. Terry Wadsworth, Superintendent of Utilitiesf advised Council that of the five bids received the lowest bidder did not bid for anthracite which is the most exoensive and he recommended that Council accept the bid from Unifilt in the amount of $10',947.01. Councilman Spencer moved that the Council accept the bid of Unifilt for $10,947.01. Councilman Asting seconded the motion. Motion CARRIED 5-0. Planning Commission re: Preliminary Site Plan Requirement List - City Clerk Kinsey read the September 14th memo from the Planning Commission recommending the inclusion of compliance with the landscape ordinance and tree ordinance in this list. Council- man Asting noted this is the check list for the Planning Commission when considering approval of site plans and he felt it was a good list. Councilwoman Bennington said this item was tabled at the last meeting for the Attorney's review but this was an addition. Councilman Asting moved that the items listed in the cover letter as shown under item 6 be approved. Councilman Spencer seconded the motion. Councilwoman Bennington asked if it was the intention to turn this over to the City Attorney as they did before and Councilman Asting agreed it was. Motion CARRIED 5-0. Zoning Commission - Resignation of Carl Cochran - Councilman Asting moved to accept the letter of resignation of Mr. Cochran and to send a letter showing their appreciation for his service on the Zoning Commission. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Councilman Asting moved to take a five-minute recess at 8:10 P.M. Meeting was recessed. Meeting returned to order at 8:25 P.M. COMMUNICATIONS Karl and Doris Seidel of Shipmates Club re: Fans in Community Center - City Clerk Kinsey read the September 13th memo requesting five fans for the Community Center. Mayor Ledbetter suggested the City Clerk have the work forces go over this and come back with her recommendation. Councilman Wargo said it was too late to include in the budget for this year since it is all prepared and he moved that the communication be received and filed. Councilwoman Bennington seconded the motion for discussion. Councilman Wargo said it would take about eight fans to do the job plus the wiring and would probably cost about $2,000. and he didnlt feel theywe~e prepared to pay that at this time. Councilman Spencer suggested the administrative staff evaluate this and determine cost and benefits for the Council to consider later and said perhaps it could be an item in the Federal Revenue Sharing budget. Motion to receive and file DID NOT CARRY 1-4. Councilmen Asting and Spencer, Councilwoman Bennington, and Mayor Ledbetter voted NO. Councilman Spencer moved that the City staff be requested to evaluate the cost and practicality of adding the ventilating paddle fans for the Council IS consideration. Councilman Asting seconded the motion. Motion CARRIED 4-1. Councilman Wargo voted NO. Attorney Judson Woods - City Clerk Kinsey read the September 14th memo from Attorney Judson Woods who was representing the Edgewater Business and Professional Association, Inc. Mayor Ledbetter suggested Council turn this over to the City Attorney and have him meet with Attorney Woods to talk this over and bring it back to Council. Attorney Woods, 302 Canal Street in New Smyrna Beach, spoke on the requirement that the Planning Commission review the site plans for the duplexes. He said when he was the City Attorney the Planning Commission had requested that this approval be turned over to the Building Official. and this new requirement caused a lot of time delay and a lot of money with interest rates at 14%, and didnlt know why it would have to come back each time if the development had already been approved by the City, Council. Councilman Asting said there seems to be several different ways to construct a duplex and he thought the definition of a duplex should be redefined with specific instructions as to what can be done, and that this be incorporated in the Code of Ordinances. He said he felt a duplex is a common roof and a common wall. Attorney Woods asked if Council could take immediate action because of interest rates. Councilman Spencer asked the officers of the Association and Attorney Woods said that Dan Nolan is President, Jack Kropp is Vice President, Rosemary Carder is Secretary and Mary Cook is Treasurer and it is a non-profit corporation in the State of Florida. -4- Regular Council Meeting Minutes September 19, 1983 o o Attorney Judson Woods (continued)- Councilman Spencer agreed with Councilman Asting that we need to redefine a duplex or patio home or garden apartment so that everyone has a common understanding. He asked Attorney Woods how long it takes to get approval from the Planning Commission. Attorney Woods said there is also a $75.00 filing fee. Councilman Asting noted that if the site plan was approved by the Planning Commission and the definitions for the various types of construction were clear enough there would be no further need for a development to go before the Planning Commission in each instance where the unit is to be constructed. City Clerk Kinsey stated that the Commission meets twice a month. Councilman Spencer asked if there wasa large backlog as he felt the Commission could have special meetings. Attorney Woods said you have to pay interest on a construction loan and asked why there should be a fee involved. Councilman Spencer asked Planning Chairman Don Bennington what kind of backlog the Commission has and Mr. Bennington said there's up to. eight items on the agenda and most claims are given final approval the night they come in. Councilman Spencer asked how far in advance the applicant has to apply and Mr. Bennington said it\~s ten days prior to the meeting. Councilman Asting asked Mr. Bennington if they peruse the applications to see that they conform to Code and Mr. Bennington said they do and they go before all department heads. Mr. Bennington referred to page 1523 of the Code, Dwelling, two-family and Councilman Asting read that section of the Code and said the definition still is not very clear. Attorney Woods said there is a definition in the Southern Standard Building Code and that the Building Official could disagree and deny a permit and then it could go to the Board of Adjustment for an appeal. He said another problem with delay is that subcontractors can't always hold the quotes on materials for that ten days and all this means more cost to the buyers. Councilman Spencer said when he voted to send this back to the Planning Commission he did not appreciate there would be an additional $75.00 fee and felt Council should rescind or modify that fee where there has been an approval. Attorney Woods said that still doesn't solve the time problem. Councilman Spencer asked why twenty duplexes could not be submitted all at once and Attorney ~~oods said he was sure that was what was done when the subdivision was approved. Councilman Asting noted there were dev~tions from the concept of duplexes as previously understood. Attorney Woods suggested the action be rescinded and have the Building Official make the decision. Councilman Spencer said he felt Council had the prerogative of having these go to the Planning Commission and was not in favor of changing it and he moved that the Council rescind the $75.00 fee for re-examination of duplex site plans in those cases where there has already been site plan approval for developments. Councilman Asting seconded the motion. Councilman Wargo said he didn't feel they had done enough research for this and they should sit down and talk with the people concerned to try to iron out the problem without any threats of lawsuits. Councilman Asting said that once the builder or developer has paid the fee to have the site plan approval he shouldnlt have to pay the fee again and held also like to see the builder or developer present more than one at one time. Councilman Wargo noted that would be provided he doesn't change his program from the original application and if it is changed, then it should go back before the Planning Commission. Mr. Charles Hamel, Riverside Drive, explained that there could be a delay of more than ten days if you miss the deadline by a day or two. Mr. Dan Nolan, President of the Edgewater Business and Professional Association, Inc., said there wasa three-day waiting period through the Building Department and the con- tractors present that night admitted there was a problem at first but it's been ironed out and Mr. Bradshaw has shown great initiative. He said the $75.00 fee to be waivered is good but you also have other expenses when coming to the Planning Commission. He said the Association feels it is an unnecessary obligation to go before the Planning Commission in a permitted use where duplexes are already allowed. Councilwoman Bennington asked Mr. Nolan if any site plans that have come before Planning were denied if they were complete and Mr. Nolan said no. Mr. Don Bennington, Chairman of the Planning Commission, said if they vote to waive the $75.00 fee for duplexes they would have to waive it for FEC. He clarified what paper- work was required and said the main reason for this was the landscape and tree ordinances. Councilman Spencer asked about FEC and Mr. Bennington said FEC was approved under the subdivision ordinance and each lot has to come back for approval the same as a duplex under the subdivision ordinance. Councilman Asting withdrew his second to the motion. Councilman Spencer asked City Attorney Alvarez if he ageed with Mr. Bennington1s statement regarding FEC and City Attorney Alvarez said he did. Councilman Spencer withdrew his motion. -5- Regular Council Meeting Minutes September 19, 1983 o o Attorney Judson Woods (continued)- Mr. Robert Christy called a point of question. Mr. Robert H. Christy, 1916 Evergreen Drive, asked how long this ordinance has been in affect about charging the fees. Councilman Wargo said it's been since 1980. Mr. Christy said he thought Mr. Nolan was Chairman of the Planning Board then and asked why they were making the changes. Attorney Paul Katz, representing Belmont Homes, said Council could not waiver the fee because there is an ordinance but they could amend the ordinance. He said the City has to be run by law and not on a case by case basis. He said there was no reason under the law for a board to review those plans as the building permit confirms that they meet the requirements. Councilwoman Bennington referred to the ordinance adopted in 1980 and Attorney Katz said he was aware of the existence of that but it hadn't been applied before. He said every item has already been approved by the City under the subdivision review process and almost every city allows the Chief Building Official to make the decisions. Councilman Asting asked the City Clerk to read the definition from the Standard Building Code on a duplex and she did so, and he said that ordinance 80-0-59 had been applied in the past. Mayor Ledbetter said held like to see the three attorneys talk this over and come back to the Council. Ms. Donna Morris, 1935 Fern Palm, asked if her attorney could also be present since they are having the same type of problem and Mayor Ledbetter said he could. Councilman Wargo stated that he would like to be a part of this meeting also. City Clerk Kinsey suggested open dates and Council members agreed to September 26th at 10:00 A.M. Councilman Asting moved that the City Council have a workshop meeting with the attorneys, Judson Woods, Paul Katz, our City Attorney, and the attorney for Ms. Morris and the Planning Commission. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Harold G. Brown and Joann Brown re: Townhouse Project - City Clerk Kinsey read the September 14th letter from Mr. Harold G. Brown which requested resubmitta1 of his town- house project that was denied by the Board of Adjustments. Attorney Woods clarified that this was one of the items in his letter. Mayor Ledbetter suggested incorporating this in the meeting on September 26th but Councilman Wargo objected. Councilwoman Bennington declared a conflict of interest on this subject. Councilman Asting noted the Board of Adjustment had already denied the permit to construct the townhouse and in researching, he found it did not comply with the Comprehensive Plan. Councilman Asting moved that the request by Harold Brown to have this matter discussed is not in order at this time and that the matter be dropped. Councilman Wargo seconded the motion. Councilman Wargo pointed out that the building to the north and the one to the south are already zoned Business and this would be spot zoning. Councilman Spencer said he didn't think this would preclude Mr. Brownls approaching the Board of Adjustment. City Attorney Alvarez clarified that Mr. Brown made an application for a special exception and that was denied and he did not appeal to the Council from that denial but his attorney came to Council because he didnlt feel there was a complete record as to the reason for the denial. He said the Council referred the matter back to the Board of Adjustment and there was a comprehensive memo submitted for the reason for the denial. He stated Mr. Brown had never appealed to the Council so Council had never denied or confirmed the Board of Adjustment's decision. He said Mr. Brown could go to Circuit Court if Council doesn1t want to hear this, or could go to Board of Adjustment if he has new evidence. Councilman Asting askedin view of the letter this could be interpreted as an appeal. City Attorney Alvarez said he didn't interpret it as such as Council can act in an appellate capacity but they would need a complete record and presentation. Mr. Robert H. Christy, 1916 Evergreen Drive, said according to State Statutes you must go to the judicial courts to overrule decisions of the Board of Adjustment. City Attorney Alvarez said if the local ordinance has a procedure for appeal to the legislative body then that appeal should be taken and our ordinance provides that the Council reviews all decisions of the Board of Adjustment. He referred to ordinances 925 and 977, passed previously, and Mr. Christy said that in 1982 they passed another ordinance. Counci1- ' woman Bennington noted that was for variances. Attorney Woods said Mr. Brown should be given the opportunity to come since he wasn't here tonight. The motion to drop the matter CARRIED 5-0. -6- Regular Council Meeting Minutes September 19, 1983 o o Harold G. Brown and Joann Brown re:Townhouse Project (continued)- Ms. Alice Murphy, a member of the Board of Adjustment, said this jumping from Board to Council and to Board again and threatening to sue bothers her and before a special exception is granted the Board of Adjustment must make written findings. City Attorney Alvarez explained the difference between a variance and a special exception. Ms. Murphy said she didn't feel they should have to justify the denial. Ms. Bonnie Turner, Thomas Street, called a point of order and said she understood that he had been before the Board of Adjustment and been turned down and his next step is to appeal to a court. Councilman Asting stated they are upholding the decision of the Board of Adjustment in denying the request. Jean Haughwout re: Menard Park Restrooms - City Clerk Kinsey read the September 5th letter from Jean Haughwout which requested no restrooms be constructed in Menard Park because of the problems of vandalism in any public restrooms. Mayor Ledbetter said this will come under the direction of the Council IS authorization for the City Attorney to go before a judge on the declaration regarding the deed restrictions. . Dan W. Cory re: John Gross/Riverside Drive - City Clerk Kinsey read the August 5th letter from surveyor Dan W. Cory regarding the proper dedication of Riverside Drive. Mr. John Gross, Riverside Drive, came forward and said held asked City Attorney Alvarez to give him a personal opinion on this but Attorney Alvarez had advised him to talk to Council. Hetspoke on when the strand was measured as he thought it was done at high tide. He asked for authority to find out who owns the property. Mayor Ledbetter noted it was in the same position for the past 21 years, and he suggested getting out the old county maps to see when it was straightened out. Mr. Gross said if it was put in when the high tide was in, it would be in the wrong location. Mayor Ledbetter suggested doing whatever was necessary and getting back to Council. James Richardson re: REACT bus - City Clerk Kinsey read the September 13th letter from Mr. James Richardson, President of REACT. Mr. Richardson, Florida Shores, came forward and said this is an emergency vehicle with a 2200 watt generator and they work with the Red Cross and Civil Defense. He said they will work in cases of fire or hurricanes or other disasters and it could be used for evacuation purposes if needed. Councilman Asting asked Mr. Richardson if his request was to permanently park this vehicle at his location and Mr. Richardson said it would only be from time to time for cleaning or maintenance. Councilman Asting asked where the vehicle was parked now and Mr. Richardson said he had parked it at Hanson & McCallister's but then he took it out on Pioneer Trail outside of town. Councilman Asting said itls an emergency vehicle and he saw no reason why it couldn't be parked at Mr. Richardson's location when he had work to do on it. Councilman Spencer asked the size of the vehicle and Mr. Richardson said it's a converted school bus. Councilman Wargo asked if it would be parked in front, the side, or the back and Mr. Richardson said it's backed up on the side between his house and the drainage ditch and is almost completely out of sight on Mango Tree Drive. Councilman Wargo asked if there had been any complaints and Police Chief Earl Baugh said all the buses had to be moved earlier. Councilman Wargo moved that they allow this to be an emergency vehicle and allow him to park it peri- odically. Councilwoman Bennington seconded the motion. City Clerk Kinsey asked the house number where it would be parked and Mr. Richardson said it would be at 2229 Mango Tree Drive. Motion CARRIED 5-0. City of New Smyrna Beach re: Oak Hill and E-911 Program - City Clerk Kinsey read the September 14th letter from Ms. Irene Beckham, City Manager at New Smyrna Beach, requesting the City of Edgewater handle the calls on the E-911 program for the city of Oak Hill. Mayor Ledbetter suggested TABLING until .next meeting pending a budget hearing Oak Hill was having that night that would determine if they could get some money' for this. Councilwoman Bennington made that motion. Councilman Wargo seconded the motion. Police Chief Earl Baugh asked if he could have a meeting with Ms. Kinsey and the City Clerk of Oak Hill and bring it back to Council. Mayor Ledbetter approved the request but said it wasnlt for the Police Department of Edgewater to handle Oak Hill IS calls. Motion CARRIED 5-0. -7- Regular Council Meeting Minutes September 19, 1983 o o ORDINANCES AND RESOLUTIONS Ordinance 83-0-8 Zero Lot Lines -City Attorney Alvarez said he had looked at Section 1, item (1), and he suggested further changes to clarify what it is they're regulating. He said this could be amended on the floor and passed on first reading. He read the ordinance. AN ORDINANCE AMENDING ARTICLE VII, SECTION 718.00, ZERO LOT LINES, OF THE EDGEWATER CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY AMENDING PARAGRAPH (1) TO PROVIDE FOR ZERO INTERIOR SIDE YARD OF ADJOINING STRUCTURES, AND PARAGRAPH (5) BY EXCLUDING SET BACK AREAS, AND INCLUDING PARAGRAPH (6) TO PROVIDE FOR INDIVIDUAL MAINTENANCE FOR SEPTIC TANK, WASTEWATER HOOK-UP AND ELECTRICAL FACILITIES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PUBLIC HEARING; AND PROVIDING FOR AN EFFECTIVE DATE. He read the changes to item (1) as he proposed: The minimum yard shall be the same as for the zoning classification in which the subdivision is located or proposed, except the interior side yard shall be 0 in the case of structures which are joined by a common party wall connecting the two structures under a common continuous roof. It had formerly been: The minimum yard shall be the same as for zoning classification in which the subdivision is located or proposed, except the interior side yard shall be 0 in the case of structures which adjoin by common wall connected to two walls under a common roof. Robert H. Christy, 1916 Evergreen Drive, said zero lot lines are illegal as there was an ordinance, 82-0-13, and the vote was 2-2 and according to Robert's Rules a tie vote can not be redone. He referred to State Statutes 166.041 which states an ordinance or resolution shall embrance but one subject. He said 82-0-13 had a second reading in May, 1982, after it failed on first reading and the former City Attorney had said it was not defeated in a tie vote. City Attorney Alvarez noted this ordinance is amending 82-0-13 and it was not deter- mined that this was illegal. Councilman Wargo moved to accept the ordinance as amended. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Res. #83-R-69 - Appointment to Board of Trustees of General Employees Retirement Plan - City Attorney Alvarez read this Resolution. A RESOLUTION APPOINTING CITY OF EDGEWATER EMPLOYEE BOG BY J. McFARLAND AS A MEMBER OF THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, GENERAL EMPLOYEES RETIREMENT PLAN;. PROVIDING FOR HIS DUTIES, RIGHTS, AND RESPONSIBILITIES; PROVIDING FOR A TERM OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. He said this term of office will end January 17, 1984. Councilman Spencer moved to adopt Resolution 83-R-69. Councilman Asting seconded the motion. Motion CARRIED 5-0. NEW BUSINESS Adoption of Three Job Descriptions - City Clerk Kinsey said there were three job descriptions that were discussed during negotiations and executive sessions and these were the Public Works Superintendent, Utilities Superintendent, and Building Official. Councilwoman Bennington said she wanted to add on the Public Works and Utilities Superintendents the statements: "Appointment shall be by resolution of the City Council and appointment shall continue during good conduct and satisfactory performance of service". Councilman Spencer noted the Building Official's description had similar statements in the last paragraph and suggested "honorable conduct". Councilwoman Bennington agreed to that change. Councilwoman Bennington said she did not like the job description for the Building Official and felt they should look at it closer. She noted the minimum qualifications do not list the statement "high school graduate or equivalency certificate". Mayor Ledbetter suggested tabling the one and passing on the other two. Councilwoman Bennington moved to accept the Utilities and Public Works descriptions with the added amendments. Councilman Asting seconded the motion on those two job descriptions. Motion CARRIED 5-0. Councilwoman Bennington moved to TABLE the Building Official description and rewrite it for the next meeting. Councilman Asting seconded the motion. Councilman Spencer suggested that Mrs. Bennington rewrite it with Ms. Kinsey and draft it for their mailboxes. Motion CARRIED 5-0. -8- Regular Council Meeting Minutes September 19, 1983 . . . o o Procedures for Filling Board Vacancies - City Clerk Kinsey said she had placed an ad in the newspaper for a board pool and there had been absolutely no response. Council- man Asting said as board vacancies occur they are announced and the applications will be accepted and the Council will choose. Councilman Spencer said the pool is very valuable to the City and since the advertisements did not work he suggested sending the same information to civic groups within the City, urging them to encourage people in their organizations that are competent and qualified to apply. Mayor Ledbetter said he felt he knew.most people and whether they would be qualified to serve on a board. Councilwoman Bennington said she agreed with Mr. Asting1s suggestion to give consideration to anyone willing to serve. Mayor Ledbetter asked if there were any people they were dissatisfied with and Councilman Wargo said yes and they should be removed. Councilman Asting moved to adjourn the meeting. Councilwoman Bennington seconded the motion. Meeting was adjourned at 10:40 P.M. Minutes submitted by: Lura Sue Koser ~ ATTEST: ~~~ CITY CLERK / Approved J;hi s -Lif day of Je--I: \b~F- ~~ MAYOR .::::-, 1983. -9- Regular Council Meeting Minutes September 19, 1983 FORM 4 MB.'oRANDUM OF VOTIN CONFLICT LAST NAME - FIRST NAME - MIDDLE NAME AGENCY is unit of: o STA TE DATE ON WHICH VOTE OCCURRED NAME OF PERSON RECORDING MINUTES 121 Vir inia St. CITY DCOUNTY Sue Koser TITLE OF PERSON RECORDING MINUTES ZIP COUNTY Ed ewater NAME OF AGENCY Ci t Council 32032 Volusia [lMUNICIPALITY S SPECIFY DOTHER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~112.3143 (1979) ] 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: Harold Brown project - voted to drop the matter at this time. 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 Do work for Smyrna Drafti ng whi ch drew the project 3. Person or principal to whom the special gain described above will inure: a.D Yourself b.~ Principal by whom you are retained: Smyrna Ora fti ng Servi ce (NAME) SIGNATURE DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: .,-- . ~ :) 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. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (1979), 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 - REV. 12-79