07-02-1984 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
JULY 2, 1984
MINUTES
Vice Mayor Bennington called the meeting to order at 7:00 P.M. in the Community Center.
ROLL CALL
Mayor David Ledbetter
Councilman Melbourne Wargo
Vice Mayor Gigi Bennington
Councilman Neil Asting
Excused
Present
Present
Present
Councilman Jack Spencer
City Attorney Josel Alvarez
City Clerk Connie Kinsey
Excused
Present
Present
Reverend Harvey Hardin gave the invocation and there was a salute to the flag.
Councilman Asting moved to recess the regular meeting and go into the Public Hearing.
Councilman Wargo seconded the motion. Motion CARRIED 3-0.
PUBLIC HEARING - SECOND AND FINAL READING & ACTION
Ord. 84-0-9 Amending side yard and corner lot setbacks in B-2, B-3, B-4 and R-4 districts-
City Attorney Alvarez read this Ordinance. ORD. 84-0-9 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTIONS 606.01, 606.02, 606.03 and 603.01
OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY: INCLUDING CORNER LOT
SETBACK REQUIREMENTS; PROVIDING FOR CORNER LOT SETBACK DIMENSIONS; CONTAINING A REPEALER
PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor
Bennington asked for public input and there were no comments from the audience. She
then asked for Council input and there were no comments from the Council. Councilman
Asting moved that the Public Hearing be closed. Councilman Wargo seconded the motion.
Motion CARRIED 3-0.
Councilman Wargo moved to adopt Ordinance 84-0-9. Councilman Asting seconded the
motiorr. Motion CARRIED 3-0.
APPROVAL OF MINUTES
Special Meeting and Workshop of June 15, 1984 - Councilman Asting moved to adopt the
minutes of June 15, 1984. Councilman Wargo seconded the motion. Motion CARRIED 3-0.
Regular Meeting of June 18, 1984 - Councilman Wargo moved to adopt the minutes of the
regular meeting of June 18, 1984. Councilman Asting seconded the motion. Motion CARRIED ~Q
Special Meeting of June 20, 1984 - Councilman Wargo moved to adopt the minutes of the
Special Meeting of June 20, 1984. Councilman Asting seconded the motion. Motion CARRIED 3-0.
BILLS AND ACCOUNTS
Councilman Asting moved to pay the bills and accounts. Councilman Wargo seconded the
motion. Motion CARRIED 3-0.
City Clerk Kinsey stated that she had a supplemental bill for wrecker service on June
25th and a purchase order was not obtained by the Fire Department. She said it was
for a total of $100. for a fire truck towing on a Saturday and correct purchasing pro-
cedures were not followed. Councilman Asting moved to pay the bill. Councilman Wargo
seconded the motion. Vice Mayor Bennington asked that a letter be sent to the Depart-
ment Head to follow the proper purchasing procedure from this point on. Motion CARRIED 3-0.
MISCELLANEOUS
Walter Gross, 909 Lake Avenue, requested that Council set aside their prejudice, politics,
and personalities, and consider the appointment of Frank Opal to the Merit Board. He
noted that Mr. Opal has excellent attendance at the boards he's served on and he under-
stands the rules and regulations pertaining to the boards. Vice Mayor Bennington stated
that it will be addressed later on the agenda.
John Siburn, Connecticut Avenue, noted that since the Council combined the Planning and
Zoning Boards some members don't attend and they don't have quorums.
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MISCELLANEOUS (Continued)
Frank Opal, Florida Shores, spoke on quorums and memberships on the various boards
of the City. He suggested all boards have the same requirements regarding quorums.
City Attorney Alvarez said he agreed and there was a recent opinion from the Attorney
General's office regarding the Board of Adjustments and he thinks others will be
forthcoming on the other boards. Vice Mayor Bennington noted that the Planning and
Zoning Board had discussed the discrepancy in their by-laws at their last meeting and
would be making a recommendation to change that.
COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES
City Council Reports - Councilman Asting noted that the revenues are coming in for
the paving assessments and the electric franchise, cable TV, and sales tax is up consid-
erably over what was budgeted and there should be surplus of about $150,000. this year.
He suggested when they do the budgeting that they include a paving program for the unpaved
streets with the City paying one-third, and the other two-thirds from the property owners,
one-third from each side of the street. Vice Mayor Bennington noted that they discussed
the stra\~ ballot and putting the survey on the water bills previously to see if the people
on the unpaved streets are willing to pay the one-third. There was a discussion as to
how only the property owners could be contacted since renters would be involved using the
water bill or the voting ballot. Councilman Asting pointed out that the paving question
was defeated in 1978 and he thinks it should go on the primary ballot for the people to
express their feelings. Vice Mayor Bennington noted that they need a five-year plan
as to how to pave the streets and then stick to it. Councilman Wargo moved that it be
put on the water bill. Councilman Asting seconded the motion provided it also be included
on the primary ballot. Councilman Wargo pointed out that this was a conditional second
to the motion and the motion DIED for lack of second.
Vice Mayor Bennington noted that they had correspondence from
the 38.4 acres that New Smyrna Beach owns in our City limits.
that the City Clerk contact an appraiser and get the value of
Wargo seconded the motion. Motion CARRIED 3-0.
City Attorney Reports - City Attorney Alvarez noted that he got a copy of the order
received from the Public Employees Relations Commission regarding the request by the
City to declare the four department head positions as managerial. He noted that the
hearing officer's recommendation to exclude only two of those positions was not upheld
and all four positions have been declared managerial.
the City Clerk regarding
Councilman Asting moved
the land. Councilman
City Clerk Reports - City Clerk Kinsey noted that per the Merit Pay Plan a step
increase may be given at the six-month performance evaluation if no prior increase
has been given and she has completed Dennis Fischer's evaluation and recommended a
one-step increase. Vice Mayor Bennington asked the amount this would be and City Clerk
Kinsey replied that it would be 19~. Vice Mayor Bennington asked his current salary and
City Clerk Kinsey said it's $7.45. Councilman Asting pointed out that Dennis Fischer
had just received his Building Inspector's license and City Clerk Kinsey said that he
was notified that he passed the examination. Councilman Asting moved to grant the
19~ an hour increase. Motion DIED for lack of second.
City Clerk Kinsey stated that per Chapter 19 of the Code, there is required an annual
review of impact fees each year by July and Terry Wadsworth has asked for a Special
Meeting for this purpose. She recommended 2:00 PM on Thursday, July 12 and Council
members agreed with the date and time.
City Clerk Kinsey asked for authorization to go out for bids for a tractor for the
Public Works Department as per her memo to Council of June 29th. She noted that there
was $9,000. appropriated in Federal Revenue Sharing for this purchase. Councilman
Wargo moved to authorize the City Clerk to go out for bids for the tractor. Councilman
Asting seconded the motion. Motion CARRIED 3-0.
City Engineer1s Request re: proposed sidewalk (bike path) on Park Avenue - City
Clerk Kinsey read the letter dated June 22, 1984 from Gerard Ferrara, City Engineer,
requesting authorization to proceed with the survey work and plans for this project.
Councilman Asting asked if there were funds for this project and Vice Mayor Bennington
pointed out that they1d take it out of the impact fee for recreation. Councilman
Wargo moved to authorize him to proceed with this. Councilman Asting seconded the
motion. Motion CARRIED 3-0.
-2- Council Regular Meeting Minutes
July 2, 1984
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COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued)
Planning & Zoning Board Recommendation re: Southern Bell request for zoning amendment
to install SLC-96 system in City - City Clerk Kinsey read the May 25th memo from
the Planning and Zoning Board that Southern Bell be allowed to install the system in
the zones requested and there was a list of the zones in which it would be a Special
Exception or a Permitted Use. Mr. Andy Sapp, Southern Bell representative for Vol usia
County, asked for two changes for Council's consideration. The first was that instead
of referring to the system as SLC-96 that it be unmanned t~ecommunication facility.
He also asked that they add PID as a permitted use. At Councilman Wargo's request,
Mr. Sapp reviewed the sizes of the buildings and exterior finishes. Mr. Sapp noted that
it is underground cable and will not require a tower. Councilman Wargo moved to approve
it with the two changes. Councilman Asting seconded the motion. Motion CARRIED 3-0.
Planning & Zoning Board Recommendation re: Square Footage requirements for single
family residences in B-2 and B-3 zones - City Clerk Kinsey read the June 15th memo
from the Planning & Zoning Board which recommended that mimimum square footage be
increased from 800 square feet to 1,200 square feet in the B-2 and B-3 zones. Council-
man Wargo moved to adopt this request. Councilman Asting seconded the motion. Motion
CARRIED 3-0.
Building Code Board Bylaws revised by City Attorney and approved by Board - City Clerk
Kinsey read the June 25th memo from the Building Code Board which stated that the Board
on June 21st approved the revised by-laws. Councilman Wargo moved for the adoption
of these by-laws. Councilman Asting seconded the motion. Motion CARRIED 3-0.
Building Code Board request for postponement of change to Building Code Ordinance,
Chapter 7 - City Clerk Kinsey read the June 27th memo from Dennis Fischer, Building
Official, which requested a postponement of his recommendation to revise the Code
due to the fact that he will be serving on a committee with representatives from the
County who hope to pass uniform Codes. Councilman Wargo moved to accept the recommen-
dation of the Building Official. Councilman Asting seconded the motion. Vice Mayor
Bennington asked how long this will take and City Clerk Kinsey noted that they're
starting work on it now and it will depend on how indepth it will be. Motion CARRIED 3-0.
Merit Board - Resignation of Robert Bates - City Clerk Kinsey read the June 19th
letter from Robert Bates resigning from the Merit Board. Councilman Wargo moved that
they accept the resignation. Councilman Asting seconded the motion. Motion CARRIED 3-0.
Councilman Wargo moved that they send Robert Bates a letter of appreciation to thank
him for his service. Councilman Asting seconded the motion. Motion CARRIED 3-0.
Merit Board - Appointment to fill vacancy - Councilman Wargo nominated Frank Opal for
this vacancy. Vice Mayor Bennington suggested since there were only three members
present that they hold off this appointment until the next regular meeting. Councilman
Wargo moved that they hold off the appointment until the next regular meeting. Council-
man Asting seconded the motion. Motion CARRIED 3-0.
COMMUNICATIONS
There were no communications at this meeting.
ORDINANCES AND RESOLUTIONS
There were no Ordinances or Resolutions at this meeting.
UNFINISHED BUSINESS
Vice Mayor Bennington asked for a five-minute recess at this time. Meeting was
recessed at 7:50 PM. Vice Mayor Bennington called the meeting back to order at 8:04 PM.
Res. 84-R-28 Accepting donation from Rotary Club of Edgewater, Inc.consisting of a
building for housing Edgewater Fire and Emergency Rescue Force - City Attorney Alvarez
read this Resolution. RES. 84-R-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, ACCEPTING A DONATION FROM THE ROTARY CLUB OF EDGEWATER, FLORIDA,
INC. TO CONSTRUCT AND DONATE A BUILDING ON PROPERTY OWNED BY THE CITY OF EDGEWATER
FOR THE PURPOSE OF HOUSING THE MEMBERS OF THE EDGEWATER FIRE AND EMERGENCY RESCUE FORCE;
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE.
-3- Council Regular Meeting Minutes
July 2, 1984
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UNFINISHED BUSINESS (Continued)
Res. 84-R-28 Acce tin donation from Rotar Club of Ed ewater, Inc. consistin of a
building for housing Edgewater Fire and Emergency Rescue Force continued -
Councilman Asting moved to accept the donation for a building for Edgewater Fire and
Emergency Rescue Force and that they adopt Resolution 84-R-28. Councilman Wargo
seconded the motion. Mr. Walter Gross called a point of order and asked if this building
has any strings attached and if it would belong to the City of Edgewater. City
Attorney Alvarez stated that the building will belong to the City and the conditions
are spelled out in the Resolution. Mr. Gross asked that the Resolution be read and
City Clerk Kinsey read it in its entirety. City Attorney Alvarez noted that the
building is donated and the City has no financial obligations. Mr. Frank Opal, from
the audience, asked who it would belong to in case they move from that location and
Vice Mayor Bennington stated that it belongs to the City. City Attorney Alvarez noted
that if they are relocated it is stipulated that it will be to something equal or better
than the one they're donating. He added that the condition is that it's for the use
of the Edgewater Fire and Emergency Rescue Force and if the City decides there's a
better location for the Force the protection would be that a future Council cannot
relocate them to something less. Motion CARRIED 3-0.
NEW BUSINESS
There was no new business brought up at this meeting.
ADJOURN
Councilman Wargo moved to adjourn. Councilman Asting seconded the motion. Meeting
was adjourned at 8:15 P.M.
Minutes submitted by:
Lura Sue Koser
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COUNCILMAN ~ZONE THREE
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COUNCILMAN - ZONE FOUR
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Approved thi s /!/ day 0
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