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07-02-1984 - Regular ~ ~ Q 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. . Q o 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 . . o Q 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 . '-J u 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 -7u~~)io f::;;, COUNCILMAN ~ZONE THREE ]m- Vf~ T ij.A<J ~/(~~ COUNCILMAN - ZONE FOUR ATTEST: ~ CITY CLERK ~ Approved thi s /!/ day 0 , 1 984 . ~~ ~ ",- r- ~ M~ -- r/~ -4- Council Regular Meeting Minutes J u 1 y 2, 1 984