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11-19-1979 - Public Hearing/Regular ~ Q t.J CITY OF EDGEWATER CITY COUNCIL AND ZONING BOARD Joint Public Hearing November 19, 1979 Mayor Christy called the Joint Public Hearin~ to order at 6:00 P.M. in the Edgewater Community Center. This was the second Public Hearin9 to discuss proposed Zoning changes. ROLLCALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman William B. Glaser Councilman Neil J. Astinq City Attorney Judson Woods City Clerk Joseph Herget Police Chief Earl Baugh Present Present Present Present Excused Present Present Present 'Zoning Board Mr. Mackie Mr. Siciliano Mr, Opal Mr. Wheeler Mr. Bowser Mr. Engle Mr. Troian Present Present Present Present Present Absent Excused Tne Council and the Zoning Board discussed each proposed zoning change as advertised. 1. Rezoning that area from U.S. 1 to Old County Road and from Pearl St. to Park Ave. from B-5 Planned Shopoinq Center District to B-3 Highway Service Business District. .. ~ There were no questions or comments about this proposed zoning chanae. 2. Rezoning of the following described parcel located on Juniper St. (extended) at 16th St. from FPL and I-I to the R-4 Multi-Family District to allow the construc~ion of duplexes. This pro~erty belongs to Doug Cole who reouested the rezoning. The Council would want to see a plat of proposed use of ' the property before aporoval for building could be given. There were no further comments or questions about this proposed zoning change. 3. Zoning those parcels described as "Edgewater Public SchooP, "Cemetery" and "Church" located west of U.S. 1 and east of the FEC Railroad to R-5 Multi-family District. Mr. Dana Armstrong said that these parcels should have some other category. I He did not a9ree with the recommendation to zone them R-5. Mr. Siciliano said that this would not effect the other R-5 areas. Schools were already allowed in R-5 as a Snecial Exceotion and so were Churches. The cemetery would become a legal ~on-conform~nq area which would only mean that they could not expand. 4. Deleting the Agriculture Districts and rezonina narcel one (1) located north of Park Ave. to 1-3 Industrial Park District and rezoning oarcel two (2) located west of Mango Tree Drive and south of Park Ave. to Conservation. Mr. Pickhardt, representing the Volusia County School Board, told the Council that the School Board is concerned about the area of land north of Park Ave. This land is adjacent to the Canal which separates New Smyrna Beach from Edqewater and the new Jr. Hiqh School will be built on land adjacent to the NSB side of the Canal. 'The use of the land in Edgewater (.,J o could effect the Jr. High School and the safety and welfare of the students. A road throuqh the oroDosed industrial area would be used by students and there could be' a serious and potentially dangerous traffic problem. He would hone that the Council would aive serious consideration to the use of this property. ~ 5, Zoning that parcel described as "FPL" located on the north side of 16th St. and west of the FEC Railroad to R-4 Multi Family District. Mr, Mackie said that this area had never been zoned in accordance with 880 and there is no FPL classification, Councilman Glaser said that he does not feel we should zone an area multi-family that will never be used for this purpose. We may be asking for problems later on. Mr. Siciliano said that the R-4 zoning was comratible with the surroundina areas. Mayor Christy said that there was an I-I District adjacent to the FPL and it might make more sense to zone the FPL industrial. Mr. Siciliano said that would put an industrial zone next to a single family area. The R~4 would act as a buffer. Councilman Ledbetter said that he could see no reason to change this zoning, There was some further discussion about this ~roposed zoning change. 6. Deleting the R-3B Zoning District and rezoning of those areas presently zoned R-3B to R-2B, Mr. Mackie said that the requirements in the two zones are the same and it would make more sense to combine them. There were no questions on this proposed change. 7. Establishing a new Mobile Home Zoning District to be known as MH-S. Councilman Ledbetter wanted to know why these mobile home parks had been left deliberately out of the 880 ordinance? There was some discussion about this nroposed change. Mr. Woods said that if these parks were zoned MH they would have to conform to 880. 8. Changing the maximum height restrictions in the following districts: R-5, R-5A, R-4, B~4, B-2, 1_3, I-I, 1-2, Mr. Armstrong objected to height restrictions in the R-5 area, Mr. Hatfield also spoke against height restrictions in the R-5 area. He added that he and Mr. Armstron9 own most of the property in that area and a height restriction could mean a decrease in the value of their land. Mr. Siciliano said that the Zoning Board feels that the City needs some control over the density of certain areas. Restricting building heights would effect the density in those areas, 9. By adding as permitted uses in the B-3, Highway Service Business District: Pet grooming and supplies (no overnight boarding and no kennels. Honey products, Rental and leasing of tools, equipment, machinery and supplies for industry, business, household use and recreational use and adding nursery schools and day care centers as a special exception. Mayor Christy read a letter from Mr. and Mrs. Conrey who want to open up a day care center in the B-3 zone. The Conreys object to making this a special exception and feel that it should be a permitted use. Councilman Ledbetter said he felt this should also be a permitted use. 2 Q u '> Mayor Christy said that he would recess the Public Hearinq and call the regular meeting to order for the roll call, Invocation and salute to the flag then return to the Public Hearing. CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING November 19, 1979 Mayor Christy called the reaular meetinq of the City Council to order at 7:00 P.M. in the Edgewater Community-Center. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman William B. Glaser Councilman Neil J. Astina City Attorney Judson Woods City Clerk Joseph Herget Police Chief Earl Baugh Present Present Present Present Excused Present Present Present 1NVOCATION The Invocation was given by Rev. DePew. SALU~E TO FLAG Mayor Christy recessed the regular meeting and reconvened the Public Hearing. 10. Amending the B-2 Neighborhood Business District by adding automobile tune-ups and front-end alignment as permitted use. There were no questions on this proposed change. 11. Adding public schools as a special e~ce~tion in the R-5 Multi-Family District. There was some discussion about adding public schools and leaving the cemetery non-conforming. 12. Addinq Multi-Family uses as a special exce~tion in the B-2, B-3, B-4 and B-6 Business Districts. . Mr. Siciliano said that the ordinance does not snecifv what tvoe of residential buildings are allowed in commercially zoned areas'.' The Zoning Board would like this clarified. Councilman Glaser asked if this would preclude single family dwellings in commercial areas. Mr. Siciliano said that single family residences would not be allowed but what is already in the commercial areas would remain as legal non- conforming. Mr. Woods said that they could not expand but could make repairs and keep up the property. 13. Increasing the required number of parking spaces in the Multi-Family Zoning Districts. There were no .questions on this proposed change. 14. Adding site nlan anoroval for all multi-family. commercial and industrial-develo~ment.' I -. There were no auestions on this proposed change. 3 u <.J 15. Increasing the application fees for changes to the Zoning Ordinance. Councilman Ledbetter said that this was hiking up the cost to the peorle for Zoning Board mistakes. Councilman Glaser said that orioinallv 880 zoned a lot of property at the request of the owners. - - Mr. Mackie said that when the ordinance was adopted not very many people came to the Public Hearinas. The State required proper zoning and it was necessary to have this done. 16. Providing for a definition for a Model Home. Mr. Holahan said that he agreed that there should be no telephone, no office equipment and no one in attendance at a model home. Councilman Ledbetter made a motion to adjourn the Public Hearing. Councilman Rotundo seconded the motion. The Public Hearing was adjourned. Mayor Christy called a ten minutes recess. Mayor Christy reconvened the regular City Council meeting. APPROVAL OF MINUTES Councilman Ledbetter made a motion that the Council aoorove the minutes of the November 7, 1979 General Election Meeting and the November 7, 1979 Regular Meeting. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Glaser voted NO due to the fact that he was not on the Council at that time. BILLS AND ACCOUNTS Councilman Ledbetter said that he had not received a copy of the bills and accounts. He made a motion that this be tabled until next week. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Mayor Christy said that with the Council IS oermission he would move New Business un on the Aaenda so that the Council could take action on the Public Hearing at thfs time. There were no objections from the Council. NnI BUS IN ESS Action on Public Hearing: 1. Rezoning that area from U.S. 1 to Old County Road and from Pearl St. to Park Ave. from B-5 to B-3. Councilman Rotundo made a motion that the Council accept the recommendation of the Zoning Board. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. 2. Rezoning area on Juniper St. (extended) at 16th St. from FPL and 1.,.1 to R-4. Councilman Rotundo made a motion that the Council accept the Zoning Board recommendation. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. 3. Zoning parcels presently known as "Edgewater Public School" "Cemetery" and "Church" as R-5. Councilman Rotundo made a motion that the Council accept the Zoning Boardls recommendation. Councilman Ledbetter seconded the motion. Councilman Glaser said that he felt the Council could find a better zoning for this area. Mayor Christy recommended tabling this proposal. \" 4 o 0 Councilman Rotundo withdrew his motion. Councilman Ledbetter withdrew his second. Councilman Ledbetter made a motion that the Council table this proposed zoning change. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. 4. Deleting the Agriculture Districts and rezoning parcel one located north of Park Ave. to 1-3 Industrial Park and rezoninq Parcel two located west of Mango Tree Drive and south of Park Ave. to Conservation. Mayor Christy recommended the Council table this nroposal until they receive more information from the Industrial Board concerning the proposed 1-3 area. Councilman Ledbetter made a motion that the Council table this proposed change. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. 5. Rezoning IIFPLII to R-4. Councilman Ledbetter made a motion that the Council reject this proposal and let FPL remain as it is. Councilman Glaser said that the Zoning Board is trying to correct the situation where there is no zoning. Councilman Ledbetter said that he would amend his motion to include this FPL in the I-I Zoning District. Councilman Rotundo seconded the amended motion. Mr. ~oods said that the City had advertised the proposed zoning change from FPL to R-4. They should either accept or reject the Zoning Board recommendation. Councilman Ledbetter withdrew his motion. Councilman Rotundo withdrew his second. Councilman Ledbetter made a motion that the Council reject the Zoninq Board recommendation in regard to FPL. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. 6. Deleting R-3B and zoning present R3B areas R-2B. Councilman Ledbetter made a motion to accept the recommendation of the Zoning Board. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. 7. Establishing a new Mobile Home District to be known as MH-S. Councilman Rotundo made a motion to accept the recommendation of the Zoning Board. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Ledbetter stated that he would file a conflict of interest form to be attached to the original minutes of this meeting. 8. Chanaing maximum height restrictions in R-5, R-5A, R-4, B-4, B-2, 1-3, 1-1: and I~2. Councilman Ledbetter made a motion to table this proposed change. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. 9. Adding Pet Grooming, Honey products, Rental and Leasing as permitted uses in B-3 and Nursery ~chools and Day Care Centers as a Soecial Exception in B-3. Councilman Ledbetter made a motion to accent the Zoning Board's recommendation but change nursery schools and day care centers from special exception to permitted use. Councilman Rotundo seconded the motion. 5 : o u Mr. Mackie questioned why the (Council was changing the Special Exception. He said that this would not give the City any control over this type of business. Mr. Conrey also spoke to the Council about makin0 day care centers a permitted use. Upon roll call the motion CARRIED 3-1. Councilman Glaser voted NO. 10. Adding automobile tune~ups and front end alignments to B~2 as a permitted use, Councilman Rotundo made a motion that the Council acceot the Zonina Board's recommendation. Councilman Ledbetter seconded'the motion.J Uoon roll call the motion CARRIED 4-0. 11. Adding public schools as a special exception in R-5. Councilman Glaser made a motion to table this proposed change. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. 12. Adding multi-family uses as a special exception in the B-3, B-3, B-4 and B-6 Districts. Councilman Rotundo made a motion to accent the recommendation of the Zoning Board. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. 13. Increasing required number of parking spaces for all multi~family zoning districts. Councilman Rotundo made a motion to accept the proposed increase from 1~ to 2 car spaces. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4~0. 14. Adding site plan approval for all multi-family, commercial and industrial development. Councilman Ledbetter made a motion to accent the Zoninq Board recommenda-~ tion. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. 15. Increasing aoplication fees for zoninq changes. Councilman Rotundo made a motion to accept the recommendation of the Zoning Board. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. 16. Providing for a definition for a model home. Councilman Ledbetter made a motion that the Council accept this recommendation provided that there is no telephone or office equipment in the model home. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4~0. COMMUNICATIONS The City Clerk read a letter from Associated Marketing Inc. regarding benches with advertisements on them to be placed around the City. Mr. Herget recommended that the City request these benches be repainted twice a vear. He added that he had contacted the J CiS of Daytona and they recommended this business. Mayor Christy suggested that the City Attorney study the agreement and report back to the Council on November 26, 1979. 6 o o The City Clerk read a letter from the Board of Governors requesting information on the status of the stage backdrop at the Community Center. Mayor Christy said that this had originally been turned over to the City Engineer to get cost estimates. However, he believes this should come under the jurisdiction of the Parks and Recreation. He will qet a:cost estimate from the Supervisor and report back to the Council: The City Clerk read a letter from the Board of G.overnors requestina that a new lighting system be installed at the Shuffleboard Courts: Mayor Christy recommended that this also be turned over to the Supervisor of Parks and Recreation for a cost estimate. . Councilman Ledbetter said that he felt that the Shuffleboard Courts were onerated almost like a private organization. If neople are required to join the club, the City should know about it. This should be open to the Dublic. The City Clerk read a letter from the Supervisors of the Water and Wastewater Departments reQuesting authorization to purchase a 2~ ton truck with hydraulic crane. Councilman Rotundo made a motion that the Council authorize the purchase of this truck for $2,000 from Mr. Mason. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk read a letter from the W/WW Supervisors commending the work of the two City Maintenance Mechanics, Larry Gibson and Richard Iasimone. This was for Council information only. The City Clerk read a letter from Earl Coreland, Supervisor of the Street Dent. requesting that the Council authorize the City Clerk to go out for bids on a 1979 or 1980 pick-up truck. Councilman Ledbetter made a motion that the Council authorize the City Clerk to go out for bids for a pickup truck for the Street Dent. Bids should be back at City Hall by 4:00 P.M. Dec. 14, 1979 to be opened at the regular Council meeting on Dec. 17, 1979. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk read a letter from Councilman Neil J. Asting confirming his resignation as Coordinator for the Water and ~Iastewater Departments. Councilman Ledbetter Asting's resignation seconded the motion. Christy voted NO. made a motion that the Council accent Councilman as Coordinator for W/WW Dept. Councilman Rotundo Uoon roll call the motion CARRIED 3-1. Mayor The City Clerk read a letter to the Council concernina anti-recession funds. ~The City Clerk stated what these funds could be used for and recommended that the Council consider using this money for a Christmas bonus for all employees. Councilman Ledbetter made a motion that the Council use this money for a Christmas bonus for employees. Councilman Glaser seconded the motion. Mr. Woods said that the Council will have to hold a Public Hearing to appropriate these funds. Councilman Ledbetter withdrew his motion. Councilman Glaser withdrew his second. Councilman Ledbetter made a motion that the Council advertise a Public Hearing for the ~urpose of arpropriati~g Anti-Recession funds. The Public Hearinq would be held on Dec. 3, 1979 at 6.30 p.M. Councilman Glaser seconded the motion. Uoon roll call the motion CARRIED 4-0. The City Clerk read a letter from Clarence Gnau tendering his resignation from the Board of Adjustment. Councilman Ledbetter made a motion that the Council accept Mr. Gnau's resignation and send him a letter of appreciation for his service to the City, Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. 7 " o o Home Occupational Licenses: The Council considered an application from Mr. W.C. Davis, 2921 Kumquat to operate as a sub-contractor usinq his home for telephone calls only. The Council questioned Mr. Davis concerning possible storage of materials. Mr. Davis told the Council that he only wanted to use his home for telephone calls. Councilman Rotundo made a motion that the Council qrant this license. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. The Council considered an application from Mr. Paul Ohlson, 111 Marion Ave. to oDe rate an air~conditioninq repair business using his home for tele~hone calls only. '.. Mr. Ohlson assured the Council that he would not store any material at his home. He said that he is licensed to do business in New Smyrna Beach and keeps all his supplies there. Councilman Ledbetter made a motion to qrant this license. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk read a letter requesting a full barricade at the end of Third Ave. Mayor Christy said there was a full barricade there already. COORDINATORS REPORTS Councilman Rotundo - no report. Councilman Ledbetter - no report. Councilman Glaser said that on May 7, 1979 the Council recommended that Needle Palm be straightened out and work done to cut down on the dust problem. He would like this discussed at the next meeting. He would also like the Coordinator System discussed at the next Council meeting. City Attorney No report. City Clerk stated that it was difficult to set up an employees meetin~ to discuss the proposed pension plan insurance. He would like to send a form to each emoloyee to find out who would be willinq to participate. He will have this' information for the Council at the Dec. 4 Workshop. He asked if this would be acceptable to the Council. The Council had no objections to this. Mayor Christy No report. RESOLUTIONS The City Attorney read Resolution No. 79-R-I05. A RESOLUTION REAUTHORIZING CITY CLERK JOSEPH HERGET TO HAVE ACCESS TO THE SAFETY DEPOSIT BOX OF THE CITY OF EDGEWATER, FLORIDA, AND TO BE AN AUTHORIZED SIGNATORY ON ALL BANK ACCOUNTS OF THE CITY OF EDGEWATER, FLORIDA, AND FURTHER, AUTHORIZING THE VICE-MAYOR, LOUIS ROTUNDO, AND ACTING MAYOR, WILLIAM GLASER, TO BE AUTHORIZED SIGNATORIES ON ALL BANK ACCOUNTS OF THE CITY OF EDGEWATER~ FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion that the Council adopt this Resolution. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. 8 .. o '-I The City Attorney read Resolution No. 79-R-106. A RESOLUTION APPOINTING LOUIS ROTUNDO AS VICE-MAYOR AND WILLIAM GLASER AS ACTING MAYOR OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Glaser made a motion that the Council adopt this Resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Resolution No. 79~R-107. A RESOLUTION APPOINTING MEMBERS OF THE CITY COUNCIL AS COORDINATORS FOR THE V A RIO U S D E PAR T MEN T S 0 F THE C I T Y 0 FED G E I~ ATE R " F LOR I D A! R E PEA L I N G ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion that the Council adoot this Resolution. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Resolution No. 79-R~108. A RESOLUTION PROVIDING FOR AN INCREASE IN SALARY FOR EARL BAUGH, CHIEF OF POLICE; EARL COPELAND, SUPERVISOR OF STREET DEPARTMENT; AND KEVIN BOSSE, TERRY WADSWORTH AND WILLIAM FEENEY, SUPERVISORS OF WATER/WASTE WATER DEPARTMENT, CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council adont this Resolution. Councilman Glaser seconded the motion. Councilman Rotundo asked if this would be retroactive to October 1, 1979. The Council agreed this should be retroactive to Oct. 1, 1979. Upon roll call the motion with the retroactive addition CARRIED 4-0. The City Attorney read Resolution No. 79-R-109. A RESOLUTION APPOINTING THE .CITY CLERK AND MAYOR OR THEIR SUCCESSORS IN OFFICE OF THE CITY OF EDGEWATER, FLORIDA, AND CITY OF EDGEWATER EMPLOYEES CONNIE KINSEY, EVERETT WILCOX AND KEVIN BOSSE, TOGETHER WITH REVEREND ROBERT CHARLES BOGGS~ JR., A CITIZEN, AS MEMBERS OF THE BOARD OF TRUSTEES OF THE GENERAL EMPLOYEES RETIREMENT TRUST FUND; PROVIDING FOR THEIR DUTIES, RIGHTS AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion that the Council adopt this Resolution. Councilman Glaser seconded the motion. Uron roll call the motion CARRIED 4-0. The City Attorney read Resolution No. 79~R-110. A RESOLUTION APPOINTING VICTOR MACINO TO THE EDGEHATER PLANNING BOARD, OF THE CITY OF EDGEWATER, FLORIDA: REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council adopt this Resolution. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Resolution No. 79-R-111. A RESOLUTION APPOINTING PHYLLIS WOODARD AND LOUISE MARTIN TO THE EDGEWATER BOARD OF ADJUSTMENT, OF THE CITY OF EDGEWATER, FLORIDA: REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion that the Council adopt this Resolution. The motion died for lack of a second. The City Attorney read Resolution Mo. 79-R-112. 9 ", o Q The City Attorney read Resolution No. 79~R~112. A RESOLUTION APPOINTING EDMUND DUBY TO THE EDGEWATER INDUSTRIAL DEVELOPMENT ADVISORY BOARD OF THE CITY OF EDGH!ATER', FLORIDA~ REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion to adopt this Resolution. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Resolution No. 79-R-113. A RESOLUTION APPOINTING JACK KROPP TO THE EDGEWATER MERIT BOARD OF THE CITY OF EDGEWATER~ FLORIDAJ REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE, Councilman Rotundo made a motion that the Council adort this Resolution. Councilman Ledbetter seconded the motion, Upon roll call the motion CARRIED 4-0. Councilman Rotundo made a motion that the Council adopt Resolution No. 79-R-lll deleting Phyllis Woodard and appointing only Louise Martin to the Board of Adjustment. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Ledbetter said that the new Council had not made a motion to retain all present City employees. The City Attorney said that he did not know why this would be necessary. ORDINANCES. THE CITY ATTORNEY READ ORDINANCE 79-0-35, (Second Reading) AN ORDINANCE AMENDING ARTICLE IV, SECTION 13-50 (4)OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY INCREASING THE NUMBER OF VOLUNTEER FIREMEN FROM THIRTY (30) VOLUNTEER FIREMEN. TO FORTY (40) VOLUNTEER FIREMEN. AND ONE (1) MEDICAL OFFICER: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Co~ncilman Rotundo made a motion that the Council adopt this Ordinance. C 0 u n c i 1 man G 1 a s e r s e con d e d the Iil0 t ion . Mr. Opal questioned changing the charter without a referendum. Mr. Noods said that Home rule allows certain changes in the charter but somethings still have to go to referendum. However, changing the number of volunteer firemen does not have to go to -j referendum. Upon roll call the motion CARRIED 4-0. The City Attorney read ORDINANCE No. 79-R-36 .A,N ORDINMCE AMENDING CHAPTER 13, .A.RTICLE I OF SECTION 13-1 OF THE CODE () FOR 0 I NAN C E S 0 F THE C I T Y 0 FED G E W ATE R, F LOR IDA, B Y J\ 0 DIN G P r\ R r G RAP H S (f) AND (g) FURTHER PROVIDING THAT ALL EMPLOY~ES WITH PENDING BIRTHDAY AND FLOATING HOLIDAYS SHALL UTILIZE SAID HOLIDAYS PRIOR TO DECEMBER 31, 1979, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. CouncilO1an"".....eda..etter..made a motion that the Council adopt this Ordinance. Cou~cilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. OLD BUSINESS The Council discussed the interlocal agreement for the MPO. Councilman Ledbetter made a motion that the Council accept this agreement and have a resolution prepared. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0; 10 , .' . . o Q I The Council considered the agreement with the DOT for maintenance of railroad/highway crossing pavement markings and signs. Mayor Christy said that he had checked on this and all it would require is painting these markings and signs. Councilman Ledbetter made a motion that the Council accept this and sign Resolution No. 79-R-I0l which was read at a previous Council meeting. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. AUDIENCE MISCELLANEOUS None NEW BUSINESS This had already been taken care of earlier in the meeting. Councilman Rotundo said that the Rescue organization would like Council authorization to answer calls in the County if the Edgewater Fire Dept. or the Edgewater Police Dept. initiates the call. The Council discussed this request. Councilman Rotundo made a motion that the Council authorize EVER to respond to calls from the Edgewater Fire Dept. and the Edgewater Police Dept. outside the City limits. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Ledbetter made a motion that the meeting be adjourned. Councilman Glaser seconded the motton. The meeting was adjourned. Minutes submitted by: Nancy Blazi '" :/;~.) / ;/ ~- .- ~~~'/: . -y Mayor ) ~ 12e4 / ? ....... .... w.~.G.Q~ Councilman ~ ~ie~ fiA1-~~ Councilman day of 11 .. FO';M 4 MEMORANDUM OF VOTING CONFLICT 9,)ATE ON WHICH VOTE OCCURRED: /9 fl!o7J~ ,19~ PART A Name: Ledbp fl ell (LAST) .[1 \)', c\ (FIRST) -- c_ (MIDDLE) Telephone: '-f -:AI!, - 'fie s-,If (A/C) (NUMBER) 61. (COUNTY) Address: PART 8 Agency is a unit of [check one] : ( ) State of Florida; (00unty, City or other Political Subdivision Nam. of Agency, c.:~" ~ 1:. !~~, ~ i: o~ , Position held in Agency: (tl6\i ,,' C / 1 A-HJ ttlLt'> 1t~ =# L / PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~ 112.3143 (1975)] 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: fv1 D b,' l-e fIOJ4~ A,t A s ~;) c~ 4. '1 .'....--. -.:r OJ I.: I c~!'. r" ~~ Iv} H -5 . /22'-._ f ?;yrrr A.~.:J - r-D 1. t1 '" ~ol>J \.?c Il.M 1n.1~ ,.........-<.../'\0 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: :l,.,J/-'fo ()41nJ ~ ,~J\r( D rJ..9-t:Jg -64 - F=JqQ....\CJ-t.ew f.-1,. ;/. ~)2.(..., v ~ . .. 3. Person or principal to whom the special gain described above will inure: . a. ( ) Yourself b. ( ) Principal by whom you are retained: (NAME) PART 0 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. ciiJ~~Eo~~~NG ~ ~ -jJO)), /771- DATE SIGNED NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (19751, 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. ... . CEFO"~";., ~. If ~~