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05-07-1984 - Regular ....... . . o o CITY COUNCIL OF EDGEWATER REGULAR MEETING MA Y 7, 1 984 MINUTES Mayor David Ledbetter called the meeting to order at 7:00PM 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 City Attorney Jose'Alvarez City Clerk Connie Kinsey Police Chief Ed Overman Present Present Present Present There was a silent invocation and the salute to the flag. PROCLAMATIONS Better Water for People Week - City Clerk Kinsey read this proclamation in recognition of "Better Water for People Week II May 7 to 11,1984. Municipal Clerk's Week - Mayor Ledbetter read this proclamation in recognition of "Municipal Clerk's Week"May 13, 1984. APPROVAL OF MINUTES Special Meeting and Workshop - April 13, 1984 - Councilman Asting moved to adopt these minutes. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Regular Meeting - April 16, 1984 - Councilman Asting moved to adopt these minutes. Councilwoman Bennington seconded the motion. Councilman Spencer noted that there was an error on page 4 which had a motion call at 4-0 and it should have been 5-0, and he moved to include that correction. Councilwoman Bennington seconded the amendment. Roll call on amendment CARRIED 5-0. Roll call on original motion CARRIED 5-0. City Clerk Kinsey noted that the original had been corrected. Special Meeting and Workshop - April 19, 1984 - Councilwoman Bennington moved to approve the minutes. Councilman Asting seconded the motion. Motion CARRIED 4-1. Mayor Ledbetter stated that he voted NO due to being excused from that meeting. Special Meeting and Workshop - April 20, 1984 - Councilman Spencer moved to accept the minutes of April 20. Councilman Asting seconded the motion. Motion CARRIED 5-0. Special Meeting and Workshop - April 23, 1984 - Councilwoman Bennington moved to approve the minutes of April 23. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Special Meeting and Workshop - April 30, 1984 - Councilman Asting moved to adopt these minutes. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Spencer moved that Council approve the bills and accounts as submitted. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS William Glaser, 1703 Needle Palm, asked for help from dust caused by through trucks and car traffic which uses Needle Palm as a shortcut to Mango Tree to get to Park Avenue. Mayor Ledbetter asked if speed signs are posted there and Mr. Glaser said yes, but the street averages 100 to 150 cars a day and it's getting worse. Mr. Glaser pointed out that he spoke to Council over a month ago about this. There was a dis- cussion about the use of calcium chloride for controlling dust and if it is prohibited by DER or EPA. Mr. Glaser asked about diverting traffic from the street since the Council was able to close a public alley. There was a discussion about the alley, or easement behind the Shop-E-Z. Mayor Ledbetter asked if they want the street paved and Mr. Glaser said he's presented petitions twice before. Mayor Ledbetter suggested he bring an updated petition to this Council. Councilman Asting suggested if calcium chloride is permitted that it be used as an experiment on Needle Palm from Mango Tree to Indian River Boulevard to test it for effectiveness. Councilman Spencer suggested the City staff determine whether the calcium chloride or some other material can be used. Councilman Asting asked that Earl Copeland check into this and give Council a report. ., (.) Q MISCELLANEOUS (Continued) Elizabeth Taylor, Park Place, stated that the County left piles of dirt along both sides of the street and the rain is causing a lot of mud. Mayor Ledbetter stated that held been told they'd be coming back to clean this up. Walter Gross, 909 Lake Avenue, spoke on the 2i gas tax and asked if the City has received the $60,000.00. City Clerk Kinsey noted that as of April the City had received $22,575.00 and itls part of the General Fund budget. She added it's in Public Works for other contractual services, culvert expenses for those owned by the City, road materials and supplies, and $12,000.00 for machinery and equipment. Mr. Gross suggested it be used for controlling dust, and asked when the remainder of the $60,000.00 would be received. City Clerk Kinsey noted that it comes in on a monthly basis. John Siburn, Connecticut Avenue, said they used calcium chloride in New York and it was quite good. He added that the speed of the vehicle is what causes the dust. He commented on the "Better Water for People ~Jeek" and said we must be careful about salt water intrusion at Juniper Drive at the 40 foot level and spreading anything on the ground that will work its way down to the aquifer. He also thanked Chief Overman for his cooperation in a recent incident. Andrew J. Motes, 122 East Knapp Avenue, stated there was a violation of the Building Code regarding fences as there is a 6 foot high Berlin wall down the side of his property and the ordinance says it cannot be concrete. He said helll have to hire a lawyer because of a mistake the Building Official made. Councilman Spencer asked if it was there when he bought the property and Mr. Motes said no but before he could get completely moved in, it was there. Councilwoman Bennington noted that held filled out a complaint and the Building Official checked it out and said there was no violation. Mr. Motes showed hi s paper\'lOrk to Mayor Ledbetter and Counci hmman Bennington. City Clerk Kinsey read the January 31st letter from Dennis Fischer. Mr. Motes said he was misinformed in the conversation with Mr. Fischer because the code was not quoted correctly as it can't be concrete wall. Mayor Ledbetter noted that permits have been issued to several others in town for this type of wall. Mr. Motes said it's a solid concrete wall and he didn't want the wall there and itls illegal. Councilwoman Bennington noted Dr. Lacy may have been granted a special expection or variance for this. Councilman Wargo moved that they turn this over to the City Clerk and Building Official for investigation and have them report back to Councilor send it to the Code Enforcement Board if that's where it belongs. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Wargo said he understands the people paving the streets under the Community Development Block Grant were prepared to do 11 streets by mistake and had cleaned them but then only paved 6. He said there's about $6,000.00 left over from the street paving program and held like to get them paved while the company is still here. City Clerk Kinsey said she called the County office that day and got a cost of approxi- mately $38,000.00 for the balance of the streets not paved. Councilwoman Bennington suggested they buy a roller from money in Federal Revenue Sharing and the materials for paving the streets themselves. Mayor Ledbetter noted they donlt need a 20-ton roller and they could rent or buy one. City Clerk Kinsey said she wasn't sure they'd have the personnel to do the paving and Councilwoman Bennington suggested they hire part-time people to pick up trash. Councilman Spencer asked that the City Clerk check into this since the Council has a list of other streets that need repaving. Mr. Walter Gross, from the audience, asked if they could use some of the $60,000.00 and Mayor Ledbetter said it's already pledged. Councilman Spencer said held like to look at some of those six streets to see the condition. City Clerk Kinsey said she'd research this and give a report to Council. Mr. Siburn, from the audience, said the job they did was perfect with a 3" cap and he suggested they look at some of the others on the list because he didnlt feel they all were in dire need. Councilwoman Bennington noted that they need a workshop to go over the priority list and they could do that also at that time. -2- Council Regular Meeting Minutes May 7, 1 984 '\ o u City Council Reports (continued) - Councilwoman Bennington said she's been getting calls regarding the fire horn at Virginia and Mr. Makie who lives behind Leon's station has asked that it be moved again. She noted that it's been moved twice already and asked George Kennedy, the Fire Chief, if it's needed there, or if it's needed at all. Mr. Kennedy said he feels they need it for daytime use but doesn't feel it's necessary at nights. He explained that during the day the men don't keep their pagers with them when on the job and they can hear the horn but at night they have the pagers close by. Councilwoman Bennington said they could turn off the air after 7 at night or move it to Mango Tree fire station or U.S. 1 fire station. Mr. Kennedy pointed out that they need an air compressor and there's one at station 2 which could be moved to station 1 but he wasn't sure if it's operational. Councilwoman Bennington asked him to check into this and report back to the City Clerk about the possibility of moving it or shutting it off at night. Mr. Main, of the Fire Department and from the audience, said the horn serves as a backup to the pagers. Mr. Kennedy said he doesn't see any need for it. Councilman Spencer asked Police Chief Overman if he uses the horn or if EVER does. Chief Overman said it's only for fires and Mrs. 01ds, EVER President, said they don't use it but perhaps Civil Defense does. Councilman Spencer said he thought they could discontinue using it unless it's a necessity. Councilman Spencer stated that he attended an April 24th seminar at DBCC which was also attended by two Planning and Zoning Board members, Lyle Chenoweth and George Quaggin. He said he also attended a May 3rd seminar at DBCC with City Clerk Kinsey and this was on hurricanes and it was exceedingly informative. He noted that next week he'11 be out of town and there's a Technical Coordinating Committee meeting that week but he's sent his comments to them and has given Council a copy of this. Councilman Spencer said he checked into references on the JCB backhoe loader since a Council member had reports at the last regular meeting that there were some dissatisfied users. He said he talked to an operator of a JCB who was extremely pleased with it and the other City is renting the equipment from Rozier and it's being used 10 to 12 hours a day and except for one hydraulic line problem, it's worked excellently and they're very pleased with it. City Attorney Reports - The City Attorney had no report at this time. City Clerk Reports - City Clerk Kinsey said there's an accumulation of trash in the City and they've been running the trash truck 5 days a week plus the three trucks on Wednesday but are still unable to keep up with it. She said the Street Department has requested a one-ton stake truck at a price of $10,046. under State bid. She noted that they spent $25,000.00 less than anticipated for the backhoe so the funds are available for the this purchase. Mayor Ledbetter said he didn't feel that size truck would be large enough for their needs. Councilwoman Bennington asked the time for delivery and City Clerk Kinsey said it would be about 90 days on State bid. Mayor Ledbetter suggested they trade off the 2-ton truck in the Water Department for when they haul culverts. Councilwoman Bennington asked the system for trash pickup and City Clerk Kinsey reviewed the schedule. Councilman Asting pointed out that some of trash exceeds the four foot length. Mayor Ledbetter said he's had calls about trash not being moved in five or six weeks. Councilman Wargo said he'd talked to Earl Copeland about this and Earl had told him they're behind and he suggested they use any equipment available so they're using garbage trucks and the dump truck to pick up the trash and are trying to keep up. Mayor Ledbetter suggested they purchase something large enough to get the job done. Councilman Wargo moved that they authorize them to go for the 1t ton truck at State bid. Councilwoman Bennington seconded the motion. Councilman Spencer asked if the 1t ton is on State bid and City Clerk Kinsey said she'd have to check. Councilman Wargo changed his motion to be upon verification of the price from the State. Councilman Spencer said this would be on the basis that it's a State bid 1t-ton stake truck and that there's sufficient money left from the backhoe. Councilwoman Bennington withdrew her second and seconded the changed motion. Motion CARRIED 4-1. Mayor Ledbetter voted NO. -3- Council Regular Meeting Minutes May 7, 1984 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Building Code Board & Building Official - Recommendation for ordinance to provide contractor licensing and competency requirements - City Clerk Kinsey read the April 24th memo from Robert Howard, Chairman of the Building Code Board, which recommended the adoption of an ordinance similar to that used in Port Orange. Councilman Spencer pointed out that Dennis Fischer also had a memo attached which recommended this adoption. He added that this will be difficult task to compile it into the City's ordinances and some are already in the Code. He suggested Dennis Fischer could help prepare an ordinance. Mr. Fischer said he used Port Orange's ordinance as a model to go by and with the expansion in Edgewater, they need some licensing requirements. Councilman Spencer agreed with him. Councilwoman Bennington said she objected to the fact that it almost prohibits an owner-builder from doing his own work, but she agreed they need the competency from the contractors and the apprentices. Councilman Spencer said this doesn't preclude an owner-builder from building his own home but it shows he'll build it according to the Code and hire competent subcontractors to do those things he can't do himself. He added that he felt they were trying to preclude the people from building every six months. Councilwoman Bennington pointed out if an owner-builder wants to build his own house and it's inspected at every phase, if it doesn1t conform to Code he'll have to bring it up to Code himself or hire someone who will do it right. Councilman Wargo said the problem is with poor workmanship and failure of contractors to follow the Code. He noted that different associations have information available to draw up a City Code. He said it's not the duty of Council to get into workmanship because there's nothing in the City Code regarding this and the Building Official is not a building instructor. Councilwoman Bennington said she agrees there are several items that need to be addressed but she won't agree to it in bulk. Councilman Asting said according to Dennis Fischer's letter there are people who have no license and they should register with the Building Official. Councilwoman Bennington said she agreed with that, and she moved that they turn this back over to Dennis Fischer and the Building Code Board to come up with a rough draft of an ordinance that entails the builders' competency requirements. Councilmen Wargo and Asting seconded the motion simultaneously. Motion CARRIED 5-0. Planning & Zoning Board - Ad Hoc Committee to Update Comprehensive Plan - City Clerk Kinsey read the April 30th letter from Don Bennington which requested assistance from a professional firm at an estimated cost of $5,000.00 to help with updati~ and revising the Comprehensive Plan. City Clerk Kinsey then read her May 2nd memo in which she recommended that the new City Engineers be made aware of this for their review and advice to Council. Councilman Asting suggested they hire a part-time engineer who could do it for less money and asked that this be held until the Special Meeting scheduled for Wednesday, May 9th. Planning & Zoning Board - Request to amend 880 Ordinance to include corner setback requirements - City Clerk Kinsey read the April 11th memo from the Planning and Zoning Board regarding a need for corner side lot setbacks for zones B-2, B-3, B-4 and R-4. Councilman Spencer said he agreed with their recommendation and he moved that Council instruct the City Attorney to prepare the appropriate ordinance to change it and have a first and second reading. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Planning & Zoning Board - Request to rezone property from B-6 to B-3 - City Clerk Kinsey read the April 25th memo requesting a rezoning of property presently zoned B-6 to B-3 as the only two areas zoned B-6 are too small to build a hospital. Councilman Asting moved to approve this request. Councilman Spencer seconded the motion. Councilman Wargo asked if this request was from a certain party or from the Board and Don Bennington, Chairman of Planning and Zoning Board, said it's the Board's action. Motion CARRIED 5-0. Planning & Zoning Board - Revision of Permitted Uses in B-2 and B-3 zones - City Clerk Kinsey read the April 30th memo from the Planning and Zoning Board which recommended certain uses be revised in the B-2 and B-3 zones. Councilwoman Bennington moved that they send this to the City Attorney to be changed but asked for changes to be made first. She said on B-2 under Miniwarehouses, she wanted the description J to end after lito be used soley for storage purposesll. She said under B-3, Light Manufacturing, she wanted the sectionll(3 to 8 employees requires Special Exception)1I to read eitherll(over 3 to 8 employees requires Special Exception)1I or 11(4 to 8 employees requires Special Exception)lI. Councilman Spencer seconded the motion. Councilwoman Bennington questioned the item IIMusicll in B-3 and asked that it be more definite than just the word IIMusicll. Motion CARRIED 5-0. Councilman Asting moved to recess at 8:35 PM. The meeting was recessed. Councilman Spencer seconded the motion. -4- Council Regular Meeting Minutes May 7, 1 984 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued)- The meeting was called back to order at 8:50 PM by Mayor Ledbetter. Citizen Code Enforcement Board - Request for re-appointment to Board - City Clerk Kinsey read the April 26th memo from Russell Prater in which he requested re-appointment to the Board. Councilman Asting moved to re-appoint Russ Prater to the Citizen Code Enforcement Board. Councilman Spencer said he'd like to have this brought up later since it's another item on the agenda. Councilman Asting withdrew his motion. Citizen Code Enforcement Board - Recommendation for re-appointment to Board - City Clerk Kinsey then read the April 26th memo from Russell Prater which requested the re-appointment of Louis Rotundo to the Board. Councilwoman Bennin9ton moved to accept both letters. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Councilman Asting stated that the re-appointments should be listed at the same place on the agenda as the communications and Councilwoman Bennington and Councilman Spencer agreed. Parks and Recreation Board - Request for re-appointment to Board - City Clerk Kinsey read the April 18th letter from Bob Wolfe which requested his re-appointment to this Board. Councilman Wargo moved that this letter be received and placed on file. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Parks and Recreation Board - Recommendation for re-appointment to Board - City Clerk Kinsey read the April 18th memo from Bob Wolfe in which he recommended the re-appointment of Bob Griesse to this Board. Councilman Wargo moved that this be received and placed on file. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Merit Board Recommendations - Utilities Dept. - two new job descriptions - City Clerk Kinsey read the April 26th memo from the Merit Board in which they recommended the adoption of two new job descriptions. Councilman Spencer noted that these will be followed by a ~equest for an upgrade in this department and also the Police Department's request for an upgrade of a job description. He said he feels since all the departments in the City have been asked to rewrite the job descriptions in a more concise fashion, the Council will be given additional ones for upgrading or new positions and he suggested they act on all at the same time so they can compare one to another to determine if they're equitably set and they can then use them for budget preparations for next year. Council- woman Bennington agreed it's a good suggestion and she'd like to see them all at one time. Councilman Asting said it would be very time consuming to go through a lot at one time. Councilman Spencer said there should be very few to review, and they should become effective as of October 1st. Councilwoman Bennington asked how many would be coming for review and City Clerk Kinsey said she wasn't aware of any besides these but the entire job description package will be re-written, however, there may not be changes in the grade levels. Councilwoman Bennington asked if there's a provision now for the job descriptions for Utilities and Mr. Terry Wadsworth, Utilities Superintendent, said no but there is only one person eligible this fiscal year and the cost difference would be 6~ an hour for the classification. Councilman Asting asked how many Class B operators they have in Wastewater and Mr. Wadsworth said there's one. Councilman Asting noted that the supervisor should be making more than his workers. Mr. Wadsworth said that it provides incentive for people to get higher licensing. Councilman Asting moved to approve these two new job descriptions for the Utilities Department. Councilwoman Bennington seconded the motion for discussion. Mr. Walter Gross, from the audience, called a point of order and Mayor Ledbetter asked him to let the Council finish with this motion. Mr. Gross withdrew his point of order. Councilman Wargo said he didn't feel he had enough time to study this. Councilwoman Bennington asked if the Class B classification came about due to having to hire someone through Briley, Wild \~hen an employee was terminated. Mr. Wadsworth said that was one reason and it was also to provide incentive, and he noted they need only one Class B operator to comply with State requirements. Councilman Spencer stated they have others in the Grade 12 level and they might consider an increase for Water and Wastewater operators to a higher grade. He added that a wage survey is expected in the mail which will show comparable wages for people in other cities and he'd like to look at this simultaneously. Mayor Ledbetter agreed. Motion DID NOT CARRY 1-4. Councilman Asting voted YES. Councilman Wargo moved that they study this a little further and come back at a later date. Councilman Spencer seconded the motion. Councilwoman Bennington asked if he meant just the one request from Merit Board or all three and Councilman Wargo clarified it was all three. Councilman Spencer agreed as the second to the motion. Motion CARRIED 4-1. Councilman Asting voted NO. -5- Council Regular Meeting Minutes May 7, 1984 o o City Attorney Alvarez stated that he had a conversation with representatives of Group W during the recess and they told him they feel the 15 year franchise is really a 30 year franchise and the renewal is automatic pursuant to the language in the franchise. He said they're on a time frame of a crises due to the sale of Group W to another company which is contingent upon the deliverance by municipalities for another 15 years. He said he asked them if the City has the right to negotiate for the services for the next 15 years and they feel there is nothing to negotiate. He added that if their contention is correct, there might be a problem, and he asked Council's authorization for him to consult with an independent attorney for an opinion as to whether their contention is correct. He said if they aren't correct, Council may want to make certain conditions. Councilman Wargo moved that they authorize the City Attorney to consult with another attorney relative to the problem. Councilwoman Bennington seconded the motion. Councilman Wargo noted that the service is lousy and there have been a lot of complaints and he didn't know why they requested a renewal if it's assured. Motion CARRIED 5-0. COMr~UN I CAT IONS Edward Kenny Clinton, Sr. re: home and driveway construction - City Clerk Kinsey read the April 30th letter from Mr. Clinton. Mr. Clinton reviewed some of the problems with the workmanship of a house he bought at 2505 Juniper Drive and said he had the Building Official check it and he agreed it's poor workmanship. He added that Ray Bradshaw had made the inspections during the construction and did several inspections at one time in June of 1983. He noted that since the City sent a letter to the builder regarding the driveway culvert, he has been getting a response to the other problems. He said he'd have to go through an attorney to get the large items done such as the roof, plaster, soffett, etc., but he isn't paying for anything. Mayor Ledbetter read from the Standard Bu'ilding Code section which stated workmanship is not within the purview of the code. Mr. Clinton said he felt the City should get something on their books to stop the poor workmanship. Councilman Wargo suggested setting up a bonding for the contractors so they'll do the job they're supposed to do. Councilwoman Bennington said if it relates to builders' competency and that item is going back to the Building Official and Building Code Board, perhaps he could talk with Dennis Fischer and the Board at that meeting and come up with something to bring to Council. Councilman Asting said he agreed with Councilwoman Bennington's suggestions. Frank Opal re: Board of Adjustment Vacancy - City Clerk Kinsey read the May 2nd letter from Frank Opal in which he requested appointment on the Board of Adjustments. Councilwoman Bennington moved to accept the letter. Councilman Wargo seconded the motion. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Ord. 84-0-5 Amending Sect. 42 of Charter by changing Fire Force; Duties to Edgewater Fire and Emergency Rescue Force - City Attorney Alvarez read this Ordinance. Ord. 84-0-5 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 43 OF THE CHARTER OF THE CITY OF EDGEWATER, BY CHANGING THE DESIGNATION FROM "FIRE FORCE; DUTIES" TO "EDGEWATER FIRE AND EMERGENCY RESCUE FORCE"; PROVIDING FOR SUPERVISION, DUTIES, AND DISCIPLINE; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Alvarez noted that the only substantial change is the name. Councilman Spencer moved that Council adopt Ordinance 84-0-5 on its first reading. Councilman Asting seconded the motion. Motion CARRIED 5-0. Ord. 84-0-6 Repealing Ord. 956 re: Edgewater Volunteer Emergency Rescue - City Attorney Alvarez read this Ordinance. Ord. 84-0-6 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ORDINANCE NO. 956 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, IN ITS ENTIRETY, ENTITLED: "AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF EDGEWATER, FLORIDA, TO PROVIDE FOR, BY ADDING CHARTER SECTION 59-A, EDGEWATER VOLUNTEER EMERGENCY RESCUE; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH, AND PROVIDING AN EFFECTIVE DATE THEREFORE."; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Wargo moved that they adopt Ordinance 84-0-6. Councilman Spencer seconded the motion. Motion CARRIED 5-0. -6- Council Regular Meeting Minutes May 7, 1 984 o o ORDINANCES AND RESOLUTIONS (Continued) Res. 84-R-19 Authorizing appropriate officials to execute lease-purchase agreement to purchase motor grader - City Attorney Alvarez read this Resolution. Res. 84-R-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE A LEASE- PURCHASE AGREEMENT WITH THE CITIZENS AND SOUTHERN NATIONAL BANK FOR THE PURCHASE OF A MOTOR GRADER; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Spencer moved that Council adopt Resolution 84-R-19. Councilman Asting seconded the motion. Councilwoman Bennington stated that Council should be aware that they will be paying interest on interest. Councilman Spencer asked the additional amount involved and Councilwoman Bennington said the excess would be $136.00 and the interest figures out to be 9.56%. Councilman Spencer noted that they're getting 9t% at the banks and Councilwoman Bennington said they.re making interest on their interest. She added that they should look at it differently if they do this again. Motion CARRIED 3-2. Councilwoman Bennington and Councilman Wargo voted NO. Councilman Wargo stated he's not in favor of buying it on time payments. U~F~NISHED BUSINESS ~Appointment to Board of Adjustment - Councilwoman Bennington nominated Richard Moran for the Board of Adjustments. Councilman Spencer nominated James E. Daily. Mayor Ledbetter passed the gavel to Vice Mayor Bennington and nominated Frank Opal. Council- man Asting seconded the nomination for Richard Moran. Councilwoman Bennington passed the gavel back to Mayor Ledbetter and seconded for James E. Daily. There was no second on the nomination for Frank Opal. Councilman Spencer asked for more information on Richard Moran but nobody spoke up. Councilwoman Bennington moved to close nominations. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Roll call on nomination of Richard Moran CARRIED 5-0. Bennett & Davis re: The Magnolias (formerly Spanish Oaks)- City Clerk Kinsey stated she had a phone call from Mr. Bennett that afternoon and he said he wouldn't be able to attend the meeting but he's continuing to install water and sewer on his project on his own. Mayor Ledbetter said due to the fact that the Council heard Terry Wadsworth's recommendation regarding no water or sewer at this time, he recommended that Council reject the man.s request. Councilman Wargo so moved. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. NEW BUSINESS Appointments to Citizen Code Enforcement Board (2 term expirations) - Councilman Wargo moved that they re-appoint Russell Prater. Councilwoman Bennington seconded. Councilman Asting moved that they re-appoint Louis Rotundo. Councilman Spencer seconded. Councilman Spencer moved that nominations be closed. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Roll call on nomination of Russell Prater CARRIED 5-0. Roll call on nomination of Louis Rotundo CARRIED 5-0. Appointments to Parks & Recreation Board (2 term expirations)- Councilman Wargo moved to nominate Tom Sheridan. Councilman Asting nominated Bob Wolfe. Councilman Spencer seconded the nomination of Bob Wolfe. Councilwoman Bennington seconded the nomination of Tom Sheridan. Councilman Spencer nominated Bob Griesse. Councilman Asting seconded the nomination. Councilman Wargo nominated H. R. Montgomery. Councilwoman Bennington seconded the nomination. Councilwoman Bennington moved to close nominations. Councilmen Wargo and Spencer seconded simultaneously. Councilman Spencer asked for further information on Mr. Montgomery and Councilman Wargo said he's involved with the girls. softball program. Motion CARRIED 5-0. Roll call on nomination of Tom Sheridan CARRIED 5-0. Roll call on nomination of Bob Wolfe DID NOT CARRY 2-3. Councilwoman Bennington, Mayor Ledbetter, and Councilman Wargo voted NO. Roll call on nomination of Bob Griesse DID NOT CARRY 2-3. Councilwoman Bennington, Mayor Ledbetter and Councilman Wargo voted NO. Roll call on nomination of H. R. Montgomery CARRIED 3-2. Councilmen Asting and Spencer voted NO. ADJOURN Councilwoman Bennington moved to adjourn. Councilman Wargo seconded the motion. The meeting was adjourned at 9:57 PM. -7- Council Regular Meeting Minutes May 7, 1984 NOTE: Signature page is -8-. . \ , .. Q o Signature page for Council Regular Meeting Minutes, May 7, 1984. Minutes submitted by: Lura Sue Koser ATTEST: ~ ~~- -/ CITY CL ERK_ 7 ApPl'oyeci th:iS~Y of Yh(~ 1 984. =-- _ - --- ~ :h:i CD I>~~J ); -l~,.L-? (J~it~ MAYOR .. -71-~ 'J vtP' 4 tf ~ ~ " ~-,..- COUNC~ MAN - ZONE TWO ~~~. COUNCILMAN" - ZONE rHRfE ~\ ~~ COUNC LMAN - ZONE FOUR -.J 1w.R -8- Council Regular Meeting Minutes May 7, 1 984