02-16-1981 - Public Hearing/Regular
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CITY OF EDGEWATER
CITY COUNCIL PUBLIC HEARING
February 16, 1981
CALL TO ORDER
Mayor Robert H. Christy called the Public Hearing of the City Council
of the City of Edgewater to order at 6:45 P.M. in the Community Center.
ROLL CALL
Mayor Robert H. Christy
Councilman Jacob Lodico
Councilman David C. Ledbetter
Councilman Wilbert C. Pendleton
Councilman John T. Wilbur
City Attorney Clay Henderson
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 whether there was
sufficient cause for the revocation of the occupational license for
the Sundance Lounge ~ocated at 515 North Ridgewood, Edgewater, Florida.
The City Attorney stated his opinion regarding the posture of the
Council on the issue, pursuant to Section 11-5 of the Edgewater Code
of Ordinances. He stated the Lounge operates under three separate
licenses; one a State liquor license; one a City restaurant license
and the third a band or entertainment license. He further stated the
City was not in a posture to close the bar down under any circumstances,
since this is regulated by the Beverage Department of the State of
Florida.
There was a lengthy discussion by citizens opposing the lounge, including
Mr. Fabiszak, Mr. R. B. Hall, Ms. Criswell, Mr. Santon, Mr. Spagnola,
Mr. Maddox an4.Ms. Murphy. Mr. Hall requested the original petition
submitted by the neighbors of the lounge be read.
At 7:00 P.M. the Mayor called a recess of the Public Hearing to open
the Regular meeting.
CITY COUNCIL REGULAR MEETING
February 16, 1981
CALL TO ORDER
Mayor Robert H. Christy called the Regular Meeting of the City Council
of the City of Edgewater to order at 7:00 P.M. in the Community Center.
ROLL CALL
Mayor Robert H. Christy
Councilman Jacob Lodico
Councilman David C. Ledbetter
Councilman Wilbert C. Pendleton
Councilman John T. Wilbur
City Attorney Clay Henderson
City Clerk Nancy F. Blazi
Police Chief Earl Baugh
Present
Present
Present
Present
Present
Present
Present
Present
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INVOCATION
Rev. Knox of the Preaching of the Cross Church gave the invocation
in the absence of Rev. Smith.
SALUTE TO FLAG
~,.,._The Mayor recessed the Regular Meeting to return to the Public Hearing.
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Mr. Charles Hall, attorney for Mr. Perry, owner of the Sundance Lounge,
addressed the Council stating that revocation of his license would
be pre-empted by the State Beverage Department, and that no action
could be taken by the Council in this regard. He said tonight there
had not been sufficient complaints regarding the noise to affect the
restaurant or band license.
Mr. Perry spoke on his behalf and stated he could not be held responsible
for accidents happening in front of his establishment and he was making
every effort to comply with all the regulations.
There was another lengthy discussion by citizens and patrons in favor
of the Lounge, including Mr. Clark, Mr. Powers, Ms. Garrett, Ms. Enos,
Mr. Reeves, Ms. Elliott, Mr. Turner and Mrs. Perry. They opposed being
called "Riff Raf-f" by the neighbors petition and requested their petition
in favor of the Lounge be read.
There was no further remarks from the audience, therefore Councilman
Pendleton made a motion to adjourn the Public Hearing at 7:30 P.M.
Councilman Wilbur seconded the motion. The meeting was adjourned.
Mayor Christy called the Regular Meeting back to order.
Mayor Christy questioned the Council if they had any objection to move
the action on the Public Hearing from the last of the agenda to this
point. The Council had no objection.
There was further discussion by the Councilmen and the Police Chief
stated there had been no written complaints filed against the Lounge.
Councilman Lodico made a motion not to do anything to revoke the
license at this time except when there is a written complaint, then
to follow them _,up. Councilman Ledbetter seconded the motion.
There was more discussion and Councilman Lodico withdrew his motion
and Councilman Ledbetter withdrew his second.
The City Attorney clarified the proper motion that should be made.
Councilman Wilbur made a motion that the Council take no action to
revoke the license of the Sundance Lounge at this time. Councilman
Pendleton seconded the motion.
Upon roll call the motion CARRIED 5-0.
Mayor Christy called a short recess to the meeting at 8:15 P.M.
APPROVAL OF MINUTES
Councilman Lodico made a motion to approve the minutes of the Regular
meeting of February 2, 1981 and Councilman Ledbetter seconded the
motion.
The City Attorney requested the minutes be corrected to reflect
Resolution 81-R-19 on Page 8 of the minutes be clarified to indicate':
two vacancies are on -bhis board created by the Resolution, and that
the individuals listed were the only members of the board and some
members were removed last week.
Councilman Lodico amended his motion and Councilman Ledbetter amended
his second to the motion-, Upon roll call the motion CARRIED 5-0.
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BILLS AND ACCOUNTS
Councilman Ledbetter made a motion to approve the bills and accounts
for payment and Councilman Pendleton seconded the motion.
Upon roll call the motion CARRIED 5-0.
OFFICERS REPORTS, BOARDS & COMMITTEES
The City Clerk read a letter from the Board of Adjustments regarding
their recommendation for approval of the Pilch site plans, with a
vote of 2-1 at their last meeting.
The City Attorney clarified the fact the Board only had four members
however a majority vote was needed for approval. It was suggested
the Board hold a special meeting to review the site plans again.
Mr. Pilch said he would like some action on the request since the
project had been delayed much too long and the costs are increasing
each day.
There was further discussion regarding the members of the Board of
Adjustments and the present vacancy on the Board.
Councilman Ledbetter made a motion to ask the Chairman of the Board
of Adjustments to call a special meeting in the next few days to act
on Mr. Pilch's site plans. Councilman Pendleton seconded the motion.
Upon roll call the motion CARRIED 5-0.
Councilman Wilbur read a letter from the Water Systems Supervisor
requesting the City Engineers inspect Phase 2 water and sewer system
of the Wildwood Subdivision.
Councilman Wilbur made a motion to accept the recommendation to have
Briley, wild and Associates inspect the Phase 2 water and sewer
system of the wildwood Subdivision and Councilman Ledbetter seconded
the motion.
Upon roll call the motion CARRIED 5-0.
The City Clerk read a letter from the Water Systems Supervisor
recommending the transfer of the Ford Torino presently assigned
to the Water Department to the City Hall inventory.
Councilman Wilbur made a motion to accept the recommendation to
transfer the Ford Torino to the City Hall inventory and they be
responsible for the maintenance and insurance. Councilman Pendleton
seconded the motion.
Upon roll call the motion CARRIED 5-0.
The City Clerk read a letter from the Water Systems Supervisor
regarding insufficient revenue from current water connection fees
and his recommendation these fees be increased from $225 to $250.
Councilman Wilbur made a motion to accept this recommendation to
increase the water connection fees from $225 to $250 and have the
attorney draw up the ordinance accordingly. Councilman Lodico
seconded the motion.
Upon roll call the motion CARRIED 5-0.
The City Clerk read a letter from the Water Systems Supervisor requesting
a waiver of the connection and development fees for the Wastewater
Department.
The City Attorney stated this could be done by motion only since this
is an administrative function.
Councilman Wilbur made a motion to accept the recommendation to waive
the hookup and impact fees for the Wastewater Department. Councilman
Lodico seconded the motion.
Upon roll call the motion CARRIED 5-0.
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The City Clerk read a letter from the Water Systems Supervisor
requesting an engineering report on the water treatment plant.
Councilman Wilbur made a motion to have Briley, Wild and Associates
do an analysis of the water treatment plant. Councilman Ledbetter
seconded the motion.
Upon roll call the motion CARRIED 5-0.
Councilman Wilbur reviewed a material list needed for the Water
Department and recommended advertising for bids.
There was a discussion regarding the types of materials to be
purchased and Councilman Ledbetter requested an explanation of a "Ford
Gulf Box".
Councilman Wilbur made a motion that after he finds out regarding the
item in question that the City Clerk advertise for the materials listed.
Councilman Lodico seconded the motion.
The City Clerk questioned the time limit for advertising for the bids
and it was stated 30 days would be sufficient.
Upon roll call the motion CARRIED 5-0.
The City Attorney clarified the proposed amendments to the utility
ordinance concerning water line extension policies.
Councilman Wilbur made a motion to authorize the City Attorney draft
the amendment to the utility ordinance covering water line extensions.
Councilman Pendleton seconded the motion.
The City Clerk read the proposed amendments.
Upon roll call the motion CARRIED 5-0.
Councilman Wilbur discussed the new electrical panels needed and
the pumps that needed to be replaced for the Sewer Department.
Councilman Wilbur made a motion to advertise for bids for the
electrical controls and pumps and then set a workshop to discuss these
items. Councilman Pendleton seconded the motion.
There was further discussion regarding the estimates presented and
the location of the lift stations.
Upon roll call the motion CARRIED 5-0.
The City Clerk read a letter from the Board of Governors on the action
taken at their meeting of February 12th as follows:
Senior Nutrition Central Dining Program - recommended approval of a
request for the use of the Community Center.
Ms. Eda Lewis, Director of the program, spoke on the needs for
establishing this program for the senior citizens of the area.
Councilman Lodico questioned the use of the Center demanding more of
the maintenance efforts of the Parks and Maintenance Department.
Two members of the audience stated they would donate their time and
efforts to this behalf.
Councilman Wilbur made a motion to allow the Senior Nutrition Central
Dining Program to use the facilities of the Community Center and kitchen,
however try to confine the use to the small room adjacent to the kitchen,
and waive the fees for the hall. Councilman Ledbetter seconded the
motion.
Upon roll call the motion CARRIED 4-1. Councilman Lodico voted NO.
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Increased Rates for Community Center Use - recommended approval
of the proposed increased rates.
Councilman Wilbur made a motion to accept the recommendation for
the increased rates for the use of City facilities. Councilman
Lodico seconded the motion.
Upon roll call the motion CARRIED 5-0.
Extension Request by the Preaching of the Cross Church - recommended
denial of the request.
Councilman Ledbetter made a motion to grant a 90 day extension of
the request by the Preaching of the Cross to use the Community
Center. Councilman Wilbur seconded the motion.
The City Attorney questioned the Council if this action was consistent
with previous requests. He was assured this action was consistent
with past procedures.
There was a brief discussion regarding the letter Rev. Knox had
written stating his concern that the Council was not helping in
locating an alternate location for his meetings.
The Mayor stated he had been making every effort to find other
facilities for the Church.
Upon roll call the motion CARRIED 3-2. Councilman Lodico and
Mayor Christy voted NO.
Bicycle Motocross Track - recommended sending Al Blazi to Ormond
Beach to study an existing motocross track.
Mayor Christy said he had been working on a grant for the Parks
and Recreation that could pertain to this area.
Councilman Wilbur made a motion, due to the workshop helg with the
Board of Governors, to instruct the City Attorney to draw up the
by-laws, etc. to establish the City of Edgewater Athletic Association.
Councilman Ledbetter seconded the motion.
Upon roll call the motion CARRIED 5-0.
The City Clerk read a letter of information from the Zoning Board
and Planning Board concerning the Public Hearing they are holding
on February 25, 1981 at 7:00 P.M. in the Shuffleboard Club
regarding the combination of these boards.
The City Clerk read a letter from the Zoning Board recommending
the City hire an inspector concerning Horne Occupational License
violations.
There was a discussion concerning the Code Enforcement Board and
the fact this would enhance that board.
Councilman Pendleton made a motion to table this request and
Councilman Wilbur seconded the motion.
Upon roll call the motion CARRIED 5-0.
The City Clerk read a request to change the deadline time for agenda
items from Friday noon to Thursday noon.
Councilman Wilbur made a motion to authorize ~theCit.y~ Attorn~y .:.,pl?~pal?e
a resolution to change the agenda deadline to Thursday noon and
Councilman Pendleton seconded the motion.
Upon roll call the motion CARRIED 5-0.
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Councilman Lodico - reported on the shredder and the fact it is not
being used on palm fronds.
Councilman Lodico discussed the Board of Governors and their by-laws
giving them their existing powers.
Councilman Lodico made a motion to rescind Resolution 718 and have
the City Attorney draw up the necessary papers. Councilman wilbur
seconded the motion.
Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO.
Councilman Lodico stated by consolidating the Parks and Maintenance
Department under the Public Works Department it would save the
taxpayers money.
Councilman Lodico then made a motion to consolidate the Parks and
Maintenance Department under the Public Works Department. Councilman
Wilbur seconded the motion.
There was a discussion regarding the combination of these departments
and it was suggested a workshop would be in'order. Councilman Lodico
read a report from the Parks and Maintenance Supervisor on the work
that had been completed by his department.
Upon roll call the motion DID NOT CARRY 3-2. Councilman Lodico
and Councilman Wilbur voted YES.
The Council set a workshop for March 9, 1981 at 1:00 P.M. to discuss
the Parks and Maintenance Department.
Councilman Ledbetter - questioned the Police Chief regarding truck
limit signs being placed on Riverside Drive.
Police Chief Baugh stated these are partially installed at this time.
Dave Severance, Fire Department Chief, requested the Council secure
bids for a new 1981 fire truck, to be received by 4:00 P.M. on
April 2, 1981 and those be opened on .the same day at 5:00 P.M. in
the City Clerk's office at City Hall. The bids would then be submitted
to the Council for their meeting on April 6th.
Councilman Ledbetter made a motion to have the City Clerk go out for
bids for a new fire truck and Councilman Wilbur seconded the motion.
Upon roll call the motion CARRIED 5-0.
As a matter of information for the Council, Dave Severance gave a
report of the number of fire calls for 1979, 1980 and 1981. He
commended Ruth Garvey for her efforts and efficiency in researching
this information.
Councilman Ledbetter made a motion to give a 5% + 3% raise to the
Police Chief and the Superintendent of Streets, who were hired by
resolution. Councilman Lodico seconded the motion.
There was a discussion concerning other supervisors who were also
hired by resolution but had not received a raise in pay.
Upon roll call the motion CARRIED 5-0.
Councilman Pendleton - None.
Councilman Wilbur - requested the Council review the other supervisors
pay rates and wag~ scale.
Councilman Wilbur discussed the general fund budget and he felt
$3,000 could be saved by abolishing a cleaning position at City Hall.
Councilman Wilbur made a motion to abolish the janitorial position at
City Hall and have the Parks and Maintenance Department assume this
responsibility for cleaning,this area.
Councilman Ledbetter stated the employee who holds this position
had been with the City for 16 years for a very low rate and commended
her efforts to try and beautify City Hall.
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There was further discussion and a suggestion to discuss this matter
along with other items scheduled for the March 9th general workshop
to get down to the "nitty gritty".
Upon roll call the motion DID NOT CARRY 5-0.
Councilman Wilbur read a letter of information to the Council
concerning an employee going on sick leave from the Water Department,
however his position will be covered by other employees and no over-
time will be required.
City Attorney Clay Henderson - read a prepared statement concerning
the proration of occupational licenses on a quarterly basis. He
stated there was existing legislation covering these fees.
Councilman Wilbur made a motion to table this matter until the next
meeting and Councilman Pendleton seconded the motion.
Upon roll call the motion CARRIED 5-0.
City Clerk Nancy Blazi - reminded the Council of the Student Government
Day on February 20th.
Councilman Lodico - discussed the City's need for professional
guidance and their need for a City Manager.
Councilman Lodico made a motion to instruct the City Clerk to advertise
immediately for a City Manager. Councilman Wilbur seconded the motion.
The City Clerk stated she had requested information from other cities
concerning a City Manager, however she had not received all of the
replies at this time.
Upon roll call the motion CARRIED 5-0.
Mayor Robert H. Christy - reported on his recent trip to Tallahassee
and spoke on the grants which he is filing applications for.
Mayor Christy requested permission from the Council to write to the
Board of Health about getting money for the City. There was no
objection by the Council.
COMMUNICATIONS
The City Clerk presented a Home Occupational License request from
Neil Campbell, however Mr. Campbell was not present to answer any
questions from the Council.
Councilman Ledbetter made a motion to table the application request
and Councilman Pendleton seconded the motion.
Upon roll call the motion CARRIED 5-0.
The City Clerk presented a Home Occupational License request from
David Umbrecht.
The City Attorney questioned Mr. Umbrecht as to why he was applying
for the license.
Mr. Umbrecht stated the State of Florida required him to have one
for his license.
Councilman Ledbetter made a motion to grant Mr. Umbrecht the Home
Occupational License and Councilman Lodico seconded the motion.
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Upon roll call the motion CARRIED 5-0.
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The City Clerk read a letter from Mrs. James Montgomery requesting
more reasonable penalty charges for utility bills and the .
installation of a curtain on the tennis courts.
After a brief discussion Councilman Ledbetter made a motion
to deny the requests of Mrs. Montgomery and Councilman Wilbur
seconded the motion.
Upon roll call the motion CARRIED 5-0.
The City Clerk read a request from Robert Witzig to address the
Council regarding disposition of the complaint affidavit filed
against him.
Mayor Christy requested an apology from Mr. Witzig before being
allowed to speak to the Council, however it was the Council's
opinion Mr. Witzig be allowed to speak.
Mr. Witzig questioned the Council as to why he was not notified
the complaint affidavit had been dismissed.
The City Attorney said the Assistant State Attorney had dismissed
the charge and since the local newspapers had carried the story
this was sufficient notification. He stated it would not have
been the City's position to notify Mr. Witzig, that it would have
been that of the State Attorney's office.
RESOLUTIONS
The City Attorney read Resolution 81-R-16 by title only.
A RESOLUTION APPOINTING THE MEMBERS OF THE BUILDING CODE BOARD OF
THE CITY OF EDGEWATER, FLORIDA, PROVIDING FOR A TERM OF OFFICE,
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING
AN EFFECTIVE DATE.
Councilman Pendleton made a motion to adopt the Resolution as
read and Councilman Ledbetter seconded the motion.
Upon roll call the motion CARRIED 5-0.
The City Attorney read Resolution 81-R-18 by title only.
A RESOLUTION AMENDING RESOLUTION NO. 80-R-172 TO PROVIDE FOR
AN INCREASED COMPENSATION FOR THE CITY CLERK OF THE CITY OF
EDGEWATER, FLQRIDA, SETTING FORTH HER DUTIES AND RESPONSIBILITIES;
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING
AN EFFECTIVE DATE.
Councilman Pendleton made a motion to adopt the Resolution as
read and Councilman Ledbetter seconded the motion.
Upon roll call the motion CARRIED 5-0.
The City Attorney read Resolution 81-R-23 by title only.
A RESOLUTION DESIGNATING THE BUILDING OFFICIAL OF THE CITY OF
EDGEWATER, FLORIDA AS THE LOCAL ENFORCEMENT AGENCY AS DEFINED
BY THE FLORIDA THERMAL EFFICIENCY CODE, DIRECTING SAID OFFICIAL
TO FULLY COMPLY WITH THE FLORIDA MODEL ENERGY EFFICIENCY CODE;
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
Councilman Ledbetter made a motion to adopt the Resolution and
Councilman Wilbur seconded the motion.
Upon roll call the motion CARRIED 5-0.
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The City Attorney stated the Council needed to appoint a new member to
the Board of Adjustments from those recommended at a previous workshop.
Councilman Wilbur made a motion to appoint Barbara Curry to the Board
of Adjustments and Councilman Pendleton seconded the motion.
Upon roll call the motion CARRIED 5-0.
The City Attorney read Resolution 81-R-24.
A RESOLUTION APPOINTING BARBARA CURRY TO MEMBERSHIP ON THE BOARD OF
ADJUSTMENTS OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF
OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
Councilman Wilbur made a motion to adopt the resolution as read and
Councilman Lodico seconded the motion.
Upon roll call the motion CARRIED 5-0.
ORDINANCES
The City Attorney read Ordinance 81-0-4, Amendment to Ordinance 81-0-4,
for the first time by title only.
AN AMENDMENT TO ORDINANCE 81-0-4 TO REQUIRE SUBSTITUTING THE TERMS
"ZONING AND PLANNING BOARD" FOR "ZONING BOARD" AND "PLANNING BOARD"
AS THOSE TERMS APPEAR THROUGHOUT THE ZONING ORDINANCE APPENDIX A
OF THE CITY OF EDGEWATER, FLORIDA; SPECIFICALLY REPEALING ORDINANCE
79-0-6, SECTION 1 OF THE CITY OF EDGEWATER, FLORIDA; FURTHER REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; INCORPORATING AMENDMENT AS SECTION
3A OF ORDINANCE 81-0-4; PROVIDING AN EFFECTIVE DATE.
Councilman Wilbur made a motion to adopt the Ordinance and Councilman
Ledbetter seconded the motion.
Upon roll call the motion CARRIED 5-0.
The City Attorney said it would not be necessary to advertise this
first reading of the Ordinance until the public hearing of February 25th
had been held.
The City Attorney read Ordinance 81-0-5 and clarified this was a
revised draft.
AN ORDINANCE TO BE KNOWN AS THE CITIZEN CODE ENFORCEMENT ORDINANCE;
SETTING FORTH THE PURPOSE OF SAID BOARD; PROVIDING FOR DEFINITIONS;
PROVIDING FOR ORGANIZATION OF THE BOARD; PROVIDING FOR STANDARDS OF
CONDUCT AND CONFLICT OF INTEREST OF SAID BOARD; PROVIDING FOR ENFORCE-
MENT PROCEDURES; PROVIDING FOR CONDUCT OF BUSINESS AND HEARINGS;
PROVIDING FOR POWERS OF THE BOARD; PROVIDING FOR FINES AND LIENS AND
ENFORCEMENT THEREOF; PROVIDING FOR APPEALS; PROVIDING FOR NOTICE OF
HEARING; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE CODIFI-
CATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ORDINANCES AND
RESOLUTIONS IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
Mayor Christy said he felt it was important to delete the word "special"
before meetings in Section (5) on page 4. The Council had no objection.
Councilman Wilbur made a motion to adopt the Ordinance and Councilman
Lodico seconded the motion.
Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO.
Mr. Bill Phinney called a point of order regarding citizens being able
to speak to the Council after a motion is made.
Councilman Lodico and Pendleton reminded the audience there would be
a public hearing on the ordinance and they could speak at that time.
Councilman Ledbetter said he felt things had changed recently and
people were not being allowed to speak, which he felt was not right.
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The City Attorney read Ordinance 81-0-6 by title only.
AN ORDINANCE AMENDING SECTION 1000.05, 1001.04 AND .
1103.00 OF APPENDIX A ZONING ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, TO MANDATE ADDITIONAL REQUIREMENTS TO DUE PUBLIC
NOTICE FOR PUBLIC HEARINGS OF THE BOARD OF ADJUSTMENTS AND
ZONING BOARD OF THE CITY OF EDGEWATER BY REQUIRING POSTING
OF EFFECTED PROPERTY WITH AN OFFICIAL NOTICE AND NOTIFICATION
TO ADJOINING PROPERTY OWNERS BY CERTIFIED MAIL, AND PUBLICATION
OF NOTICE IN NEWSPAPERS OF GENERAL CIRCULATION; REPEALING ALL
ORDINANCES A~D RESOLUTIONS IN CONFLICT HEREWITH; DIRECTING
PUBLIC HEARINGS THEREON,REFERRING SAME TO THE ZONING AND
PLANNING BOARDS, AND PROVIDING AN EFFECTIVE DATE.
Councilman Pendleton made a motion to adopt the Ordinance and
Councilman Wilbur seconded the motion.
Upon roll call the motion CARRIED 5-0.
OLD BUSINESS
Mayor Christy stated he had not received any further information
from Dan Cory on the City map and would telephone him for a
report for the next meeting.
Bill Phinney called a point of information stating the agenda
was out of order concerning the Ranken annexation. Mr. Phinney
said it was indicated this was tabled from 11/17/80 and this is
misleading since the motion was made and carried to deny the
annexation.
The City Attorney stated Mr. Phinney was correct, the motion
was made to deny the annexation. He further gave an opinion
regarding the annexation as follows: (1) the two year limitation
does not apply to voluntary annexation, and (2) this annexation
would not create an enclave.
NEW BUSINESS
The City Attorney read Resolution 81-R-25.
A RESOLUTION REQUESTING THE FLORIDA DEPARTMENT OF NATURAL
RESOURCES, DIVISION OF PARKS AND RECREATION TO INCLUDE THE CITY
OF EDGEWATER, FLORIDA IN ITS ALLOCATION OF FUNDS UNDER THE
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM, REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE.
Councilman Wilbur made a motion to adopt the Resolution as read
and Councilman Pendleton seconded the motion.
Upon roll call the motion CARRIED 5-0.
MISCELLANEOUS
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Bill Phinney called a point of information referring to a prior
memo from the City Attorney concerning public participation.
He quoted Section 2-28 and asked if the citizens could address the
Council under the "Miscellaneous" section.
The City Attorney said the citizens could address the Council until
a motion was made to adjourn.
Mayor Christy said anyone could write a letter to the Council and
let them know what is going on.
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ADJOURN
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Councilman Wilbur made a motion to adjourn the meeting and
Councilman Lodico seconded the motion.
The meeting was adjourned.
Minutes submitted by:
Patsy L. McCann
ATTEST:
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APPROVED THIS ~~ DAY OF
MARCH, 1981.
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Mayor
Council Meeting 2/16/81
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