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HomeMy WebLinkAbout05091977REGULAR MEETING-MAY 9, 1977 MEETING CALLED TO ORDER BY MAYOR F. EUGENE CRAGG AT 7 P.M. PRESENT: VICE MAYOR GRAY, COUNCILMEN JOHN JOACHIM AND CLIFFORD HOOSE, MAYOR CRAGG AND MR. L. B. VOCELLE. MR. WM. BEVAN, GENERAL DEVELOPMENT CORPORATION, PRESENTED THE CITY WITH A WARRANTY AND A QUIT CLAIM DEED TO THE SEBASTIAN HIGHLANDS YACHT CLUB AND A CHECK FOR $4,431.00, COMMENTING HE HOPED IT WOULD BRING ABOUT A GREATER FEELING OF UNITY AMONG ALL THE RESIDENTS OF THE CITY. MAYOR CRAGG THANKED MR. BEVAN AND READ A LETTER ACCOMPANYING THE CHECK IN WHICH MR. SAUL SACK STATED THE CHECK WAS GIVEN WiTH THE UNDERSTANDING THAT THESE MONIES WILL BE PLACED IN AN INTEREST BEARING TRUST ACCOUNT AND WILL BE UTILIZED IN THE FUTURE FOR THE PURPOSE OF RECONSTRUCTING A PIER AT THE YACHT CLUB. THE CHECK REPRESENTS ONE-THIRD OF A COST ESTIMATE SUBMITTED BY DOCK MASTERS MARINE CONSTRUCTION OF FORT PIERCE FOR THE RECONSTRUCTION OF A PIER AT THE YACHT CLUB. IF, IN THE FUTURE, THE CITY OF SEBASTIAN IS ABLE TO OBTAIN FUNDS FROM STATE OR FEDERAL SOURCES TO RECONSTRUCT THE PIER, THEN GDC WOULD BE REFUNDED THE UNUSED PORTION OF ITS ONE-THIRD CONTRIBUTION. MINUTES OF REGULAR MEETING OF APRIL 11, 1977 WERE APPROVED. MOTION BY COUNCILMAN JOACHIM, SECONDED BY VICE MAYOR GRAY, TO PAY APRIL BILLS AMOUNTING TO $8,010.29. CARRIED. MRS. ANN DEWHURST OF SCHUMANN DRIVE, TWIN LAKES SECTION OF SEBASTIAN HIGHLANDS, COMPLAINED ABOUT SPEEDING VEHICLES ON SCHUMANN DRIVE AND MAYOR CRAGG ASKED THE POLICE CHIEF TO CHECK INTO THE COMPLAINT. MAY 19, AT 7:30 P.M. TO FINALIZE BUDG~T~rJD BE PRWS~NTED\T~FHE COUNTY. COUNCILMAN HOOSE REPORTED A MEETING OF ~B~ ST.~EE~ LEPART~NT COMMITTEE TODAY TO WRITE UP SPECIFI- CATIONS FOR A NEW 1977 ~ TON PICKUP ~I~¢ AND FENCING FO~ THE NEW GARAGE. THE BIDS WILL BE ADVERTISED AND OPENED AT THE PUBLIC HEARING PRIOR--'fO TM WOR~'SHOP FfE~TING ON JUNE 8, 1977. THE CEMETERY COMMITTEE MET AND DISCUSSED P~OR--~M~ NEW BUILDING TO BE ERECTED IN THE CEMETERY. HOPEFULLY, IT WILL BE UP WITHIN TWO WEEKS.' ~ ~ F THE BUILDING REPORT FOR APRIL SHOWED PERMITS iSSUED~OR CONSTRUCTION OF 12 SINGLE FAMILY HOUSES WITH AN ASSESSED VALUE OF $331,500. TOTAL NEW (O~TUCION FOR APRIL AMOUNTED TO $348,660. THE POLICE DEPARTMENT REPORTED 192 COMPLAINTS ANSWERED DURING APRIL, NOT INCLUDING TRAFFIC STOPS. THE CITY CLERK READ A LETTER TO THE DEPARTMENT OF NATURAL RESOURCES, WRITTEN BY LLOYD & ASSOCIATES ON MAY 2, 1977, REQUESTING A 90 DAY EXTENSION TO COMPLETE THE DOCK AND LAUNCHING FACILITY AT THE FOOT OF MAIN STREET AND A LETTER TO THE DEPARTMENT OF ENVIRONMENTAL REGULATION, SAME DATE, RE- TURNING THE ORIGINAL PERMIT FOR THE BOAT LAUNCHING FACILITY BE AMENDED TO PERMIT THE CONSTRUCTION OF TWO 40-FOOT CONCRETE LANDING PIERS ON EITHER SIDE OF THE RAMP PREVIOUSLY APPROVED, AS IT IS FELT THIS WORK IS VITAL TO THE USE OF THESE FACILITIES. THE CITY ENGINEER HAS MADE FINAL INSPECTION OF UNITS 2 & 3 OF STREETS AND DRAINAGE IN SEBASTIAN HIGHLANDS AND FOUND THE UNITS ARE ACCEPTABLE SUBJECT TO THE FOLLOWING PROVISOS: (1) THAT THE DRAINAGE IN THE AREA OF BENSCHOP STREET IS NOT ACCEPTABLE AND THE DEVELOPER HAS 180 DAYS FROM THIS DATE TO PUT IT IN PROPER CONDITION FOR AN INSPECTION, (2) THAT IN THE AREA OF LAYPORT DRIVE AND LAWSON AVENUE, THE DEEP DITCH WITHIN THE RIGHT-OF-WAY DICTATES THAT THERE BE A NARROW SHOULDER, WHICH CONSTITUTES A ROAD HAZARD, AND (3) THE QUESTION OF THE PLACEMENT OF THE PERMANENT REFERENCE MARKERS (PRMS) TO BE RESOLVED BY MR. LLOYD AND MR. MILLER. MAYOR CRAr~GACCOMPANIED MR. LLO.~DON THE INSPECTION OF THESE TWO UNITS (2 & 3) AND RECOMMENDED TO THE COUNCIL THAT THE CITY ACCEPT THEM AT THIS TIME. MR. VOCELLE COMMENTED THAT THE CITY ENGINEER HAS MADE AN INSPECTION AND IS CERTIFYING THAT THE DRAINAGE AND STREETS ARE UP TO SPECIFICATIONS WITH THE EXCEPTION OF THE THREE UNITS SUBJECT TO THE THREE ITEMS LISTED BY MR. LLOYD. VICE MAYOR GRAY REFERRED TO THE STIPULATION CONTAINED IN THE ORIGINAL AGREEMENT WITH GDC ON ACCEPTANCE OF ROADS AND DITCHES IN WHICH THE STATEMENT WAS MADE "TO RESOLVE WITH INDIVIDUAL PROPERTY OWNERS ALONG DRAWDY WAY, UPON THEIR REQUEST, ANY DISPUTE OVER THE LOCATION OF A DRAINAGE DITCH, FOR WHICH GDC HAS LEGAL RESPONSIBILITY THEREFOR." HE SAID HE KNEW OF ONE INSTANCE WHERE THE PROPERTY OWNER HAD COMPLAINED TO GDC BUT NO ACTION HAD BEEN TAKEN BY THEM. MR. VOCELLE RECO- MMENDED THAT ANY PROPERTY OWNER WHO HAS ANY PROBLEM ALONG THAT DRAWDY WAY SHOULD SUBMIT COMPLAINTS IN WRITING TO GDC AND COPIES SENT TO THE CITY ENGINEER, THE CITY CLERK, AND THE CITY ATTORNEY SO FOLLOW UP ACTION CAN BE TAKEN IN THE EVENT GDC DOES NOT DO ANYTHING ABOUT IT. AFTER FURTHER DISCUSSION, IT WAS AGREED THAT A SPECIAL MEETING BE CALLED TO SETTLE THE MATTER. THE INSPECTION WAS MADE BY THE CITY ENGINEER ON APRIL 22 AND iF THE UNITS ARE NOT ACCEPTED WITHIN 30 DAYS FROM THAT DATE, THE CITY WILL BE IN VIOLATION OF THE CONTRACT. REGULAR MEETING-MAY 9, 1977 (CONT'D) MAYOR CRAGG READ BY TITLE ONLY THE PROPOSED SEPTIC TANK ORDINANCE AMENDING CHAPTER 7 OF THE ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA KNOWN AS THE BUILDING ORDINANCE AND ESTABLISHING AN EFFECTIVE DATE. MOTION WAS MADE AND SECONDED TO ACCEPT THE ORDINANCE DESCRIBED ABOVE. ROLL CALL VOTE A YES NAYS VICE MAYOR GRAY, COUNCILMAN HOOSE, COUNCILMAN JOACHIM, AND MAYOR CRAGG. NONE CARRIED THE CITY CLERK READ FOR THE FIRST TIME THE PROPOSED ANNEXATION ORDINANCE (ESTES PROPERTY). MOTION WAS MADE AND SECONDED TO ACCEPT THE FIRST READING OF THE PROPOSED ANNEXATION ABOVE. ROLL CALL VOTE: A YES: NAYS: VICE MAYOR GRAY, COUNCILMAN JOACHIM, COUNCILMAN HOOSE, AND MAYOR CRAGG. NONE CARRIED BE TWO OTHER READINGS AND A PUBLIC FEARI~qG PRIOR T~ THE\~D~PTION OF THE ORDINANCE, "AN ORDINANCE ESTABLISHING REGULATIONS FOR THE OPERAT~N DF TAXICABS ~N~ MOTOR VEHICLES FOR HIRE: PENALTY FOR VIOLATIONS THEREOF AND EFFECTIVE DATE, |A~OTE: COUMCILM]~N~JOACHIM SUGGESTED ADDITION TO THE ORDINANCE TO THE EFFECT THAT "ALL VEHICLES SHA~ K~PTAI~_MAIN~NED IN A CLEAN AND SAFE OPERATING CONDITION." ROLL CALL VOTE: AYES: VICE MAYOR GRAY, COUNCILNAK .'~OOSE,I UNCILMAN NAYS: NONE ~ J JOACHIM, AND MAYOR CRAGG. VERTISED FOR PUBLI~AR£NO aN~AI~T~L~ING W. ILL ~ l~. %.3 -- b ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GRAY, COUNCILMAN HOOSE, COUNCILMAN JOACHIM, AND MAYOR CRAGG. NONE CARRIED. THE CITY CLERK READ THE RESOLUTION VACATING EASEMENT BETWEEN LOTS 17 & 18, BLOCK 139, SEBASTIAN HIGHLANDS, UNIT #3. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN HOOSE, TO ACCEPT THE RESOLUTION VACATING EASEMENT BETWEEN LOTS 17 & 18, BLOCK 139, SEBASTIAN HIGHLANDS. (R-77-9). CARRIED. MAYOR CRAGG READ THE PROPOSED ORDINANCE "AN ORDINANCE AMENDING ORDINANCE #202, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA. MOTION WAS MADE AND SECONDED TO ACCEPT THE FIRST READING OF THE ABOVE ORDINANCE WHICH CORRECTS "ACRE" WORD IN SECTION VII A.6., AND ALSO ADDITION OF "MECHANICAL GARAGES" IN SECTION IX A.2. VICE MAYOR GRAY, COUNCILMEN HOOSE AND JOACHIM, AND MAYOR CRAGG. NONE CARRIED. THE CITY CLERK READ THE CERTIFICATION OF SPECIAL ELECTION HELD THIS DATE: MACHINE VOTES ABSENTEE VOTES PAT FLOOD, JR. 119 3 EVERETT T. GASS 171 6 TOTAL 122 177 ROLL CALL VOTE: AYES: NAYS: TOTAL VOTES CAST 299 REGULAR MEETING-MAY 9, 1977 (CONT' D) MEETING WAS RECESSED TO SWEAR IN THE ELECTED OFFICIAL. MAYOR CRAGG CALLED THE MEETING TO ORDER. COUNCILMAN GASS EXPRESSED HIS SINCERE APPRECIATION TO THOSE WHO SUPPORTED HIM AT THE POLLS. MR. VOCELLE'READ THE ONE AND ONLY BID RECEIVED TO CONSTRUCT A BOAT RAMP AND RIP RAP THE SHORE LINE, ACCORDING TO THE SPECIFICATIONS SUBMITTED BY THE CITY ENGINEER: THE MURPHY CORPORATION-TOTAL BID $24,575.00 BID BOND ACCOMPANIED THE BID. BID WAS BROKEN DOWN INTO 3 ITEMS: 1. BOAT RAMP $14,325 2. FINGER PIERS AND APPURTENANCES $5,250 3. RIPRAP $5,000 AS ONLY ONE BID WAS RECEIVED, MAYOR CRAGG SUGGESTED TURNING IT OVER TO THE CITY ENGINEER AND HAVE HIM ADVISE THE CITY. THE BID APPEARS TO BE HIGH AND MAY HAVE TO BE RE-ADVERTISED. MR. FLOOD DISCUSSED BUDGET AND SPENDING PRACTICES OVER THE PAST FOUR YEARS AND THE POWER OF THE FINANCE COMMITTEE. MR. VOCELLE REPLIED THE COUNCIL, OF COURSE, APPROVES THE BUDGET FOR EACH FISCAL YEAR WHICH IS A GUIDELINE TO THE COUNCIL ON THE FISCAL AFFAIRS OF THE CITY. THE BUDGET, OF COURSE, MUST NOT AND IS NOT TO BE CONSTRUED AS A RIGID FORMULA BECAUSE IF IT WAS ADOPTED, IT COULD NOT BE CHANGED FROM YEAR TO YEAR. IT IS A GUIDELINE PROCEDURE AND CAN BE REFERRING TO MR. FLOOD'S STATEMENT ON U~ OF REVrNUE SAbRInG FUNDS, MAYOR CRAGG EXPLAINED THAT REVENUE SHARING MONEY HAS NEVER BEEN IN THF FUDGKT. IT\H~S---- BEEN AN EXTRA FUND; HOWEVER, BEGINNING JANUARY 1, 1977 EVERYTHING THAT IS DON~ITH FEDERAL REVENUE SHARING MUST BE HANDLED WITH A PUBLIC ANOTHER SUBJECT DISCUSSED BY PAT FLOOD WA~/~NG~R THE CETA PROGRAM, STATING THE PEOPLE HIRED MUST LIVE IN THE COUNTY IN WHICH THEY ARE HT~ED, AND COMMENTED THAT THE SEBASTIAN POLICE DEPARTMENT HAD TWO OFFICERS UNDER THE CETA PRQG_~3~W~O DO NOT RESIDE THE COUNTY. MR. TROESTER OF "COMMUNITY GUIDE" APPEAREqA~E L~ST WORKSHOP MEETING AND REQUESTED THE COUNCIL TO SPONSOR A FULL PAGE ADVERTISEMENT CONSI;~J2~U O_=-~A PICTURE OF CITY HALL AND PERSONNEL OF THE CITY AT THE RATE OF $400. THE SEBASTIAN RIVER AREA COMMUNITY GUIDE WILL BE A BI-ANNUAL PUBLICATION DEPICTING THE COMPI~Ez~,E PICTUrE,k Z-,THE A~WIT~E~E~MAP~ 6,~PIES WILL BE DISTRI- THE FOLLOWING PROCEDURE FOR SUBMISSION OF SITE PLAN REQUESTS WAS DISCUSSED AND APPROVED BY THE COUNCIL: REQUESTS WILL BE SUBMITTED TO THE CITY CLERKWHO, IN TURN, WILL GIVE THEM TO THE BUILDING INSPECTOR TO INSURE THAT ALL ASPECTS ARE IN COMPLIANCE WITH THE ZONING ORDINANCE. REQUESTS WILL THEN BE FORWARDED TO THE ZONING & PLANNING COMMISSION FOR REVIEW AND ACTION. THE ZONING & PLANNING COMMISSION WILL SCHEDULE A MONTHLY MEETING PRIOR RO DATE OF THE REGULAR COUNCIL MEETING SO RECOMMENDATIONS CAN BE SUBMITTED AT THE COUNCIL MEETINGS. THE ZONING & PLANNING COMMISSION RECOMMEND THE REQUEST FOR CHANGE OF ZONING, SUBMITTED BY FINANCIAL FRONTIERS, INC. FROM C-2 TO R-2, PARCELS 1 AND 2, INDIAN RIVER HILLS SUBDIVISION, BE GRANTED. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN HOOSE, TO ACCEPT THE ZONING & PLANNING COMMISSION'S RECOMMENDATION FOR CHANGE OF ZONING ON PARCELS 1 AND 2, INDIAN RIVER HILLS S/D, FROM C-2 TO R-2, AND REFER IT TO THE CITY ATTORNEY FOR PREPARATION OF AN ORDINANCE AND PUBLIC HEARING WITHIN 30 DAYS. CARRIED. IN RESPONSE TO VICE MAYOR GRAY'S REQUEST FOR DEFINITE GUIDELINES TO BE FOLLOWED ON REQUESTS FOR CHANGE OF ZONING, MR. VOCELLE STATED THAT ONLY ONE PUBLIC HEARING IS REQUIRED AND QUOTED SECTION 166.041 OF THE FLORIDA LEGISLATURE ON NEW PROCEDURE FOR ADOPTION OF ORDINANCES AND RESOLUTIONS. "IN CASES IN WHICH THE PROPOSED REZONING INVOLVES LESS THAN 5% OF THE TOTAL LAND AREA OF THE MUNICIPALITY, THE GOVERNING BODY SHALL DIRECT THE CLERK OF THE GOVERNING BODY TO NOTIFY BY MAIL EACH REAL PROPERTY OWNER WHOSE LAND THE MUNICIPALITY WILL REZONE BY ENACTMENT OF THE ORDINANCE AND WHOSE ADDRESS IS KNOWN BY REFERENCE TO THE LATEST AD VALOREM TAX RECORDS. THE NOTICE SHALL STATE THE SUBSTANCE OF THE PROPOSED ORDINANCE AS IT AFFECTS THAT PROPERTY OWNER AND SHALL SET A TIME AND PLACE FOR ONE OR MORE PUBLIC HEARINGS ON SUCH ORDINANCE. SUCH NOTIUE SHALL BE GIVEN AT LEAST 30 DAYS PRIOR TO THE DATE SET FOR THE PUBLIC HEARING AND A COPY OF SUCH NOTICE SHALL BE KEPT IN A SEPARATE BOOK WHICH SHALL BE OPEN TO PUBLIC INSPECTION DURING THE REGULAR BUSINESS HOURS OF THE OFFICE OF THE CLERK OF THE GOVERNING BODY. THE GOVERNING BODY SHALL HOLD A PUBLIC HEARING ON THE PROPOSED ORDINANCE NOT MORE THAN 60 DAYS OR LESS THAN 30 DAYS PRIOR TO THE DATE SET FOR THE ADOPTION." IF IT IS MORE THAN 5% OF THE TOTAL LAND AREA, ANOTHER PROCEDURE IS REQUIRED. VICE MAYOR GRAY SUGGESTED THESE GUIDELINES FOR ADOPTION OF AN ORDINANCE FOR ZONING CHANGES BE INCORPORATED IN REGULAR ZONING ORDINANCE AND MAYOR CRAGG AGREED. A~ THE WORKSHOP MEETING, IT WAS SUGGESTED THAT ALL INCOMING CORRESPONDENCE REQUIRING ACTION BE READ AT THE WORKSHOP MEETINGS AND PLACED ON THE AGENDA FOR REGULAR COUNCIL MEETINGS. THE COUNCIL REGULAR MEETING-MAY 9, 1977 (CONT'D) FELT THIS PROCEDURE SHOULD BE FOLLOWED IN THE FUTURE. MOTION BY COUNCILMAN JOACHIM, SECONDED BY VICE MAYOR GRAY, TO'PERMIT THE ALLEY CATS BOWLING LEAGUE TO SERVE ALCOHOLIC BEVERAGES AT ITS MEETING ON WEDNESDAY NIGHT, MAY 11, 1977, AT THE COMMUNITY CENTER. CARRIED. REQUEST TO ADD TWO BEDROOM LIVING QUARTERS TO BUSINESS (SMALL ENGINE DISTRIBUTORS) WITH HOUSING IN REAR AND BUSINESS FACING INDIAN RIVER DRIVE, AND REQUEST FROM MRS. NORTHROP TO BUILD A FLORIST SHOP AND RESIDENCE ON LOTS 8 & 9, EDGEWATER PARK SUBDIVISION WILL BE TURNED OVER TO THE ZONING AND PLANNING COMMISSION. THE ZONING & PLANNING COMMISSION RECOMMENDED APPROVAL OF SITE PLAN SUBMITTED BY EARMAN OIL COMPANY FOR CHANGES AT THE PRESENT UNION OIL COMPANY STATION AT THE CORNER OF ROUTE 1 AND MARTIN STREET, WITH THE EXCEPTION OF A CAR WASH ADDITION WHICH IS NOT TO BE CONSIDERED AT THIS TIME. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN HOOSE, TO ACCEPT THE ZONING & PLANNING COMMISSION'S RECOMMENDATION TO APPROVE THE SITE PLAN REQUEST FROM EARMAN OIL COMPANY AT LOCAT~O~ ~ITED ABOVE, WITHOUT THE CAR WASH ADDITION. CARRIED. THE ZONING & PLANNING COMMISSION RECOMMENDED APPROVAL OF REQUEST FROM EARMAN OIL COMPANY TO RE- ZONE LOTS 1,2,3 AND 4, W.A. MARTIN S/D FROM C-1 TO C-2. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN HOOSE, TO ACCEPT THE ZONING AND PLANNING COMMISSION'S RECOMMENDATION TO REZONE LOTS 1,2,3 AND 4, W.~. MARTIN S/D FROM C-1 TO C-2 AND TO MR. JOHN D. HOLDER'S LETTER OF APRIL ~8~,1977 REQUESTI~Gv~OPTION OF AN AMENDMENT TO THE C-1 ZONING NOW ON THE BOOKS, THE AMENDMENt TO READ AWD STAT~ ~LEARLY THE USAGE OF C-1 ZONED PROPERTY, "THAT IT IS NOT TO BE USED FOR ANY rND~RiAL PARKrNG O~ ~TORAGE OF ANY INOUSTREAL EQUIPMENT, NOR NAINTENANCE ON ANY SUCH EQUIPME~OR ON C-1 ZONE~_~ROPERTY." LETTER WILL BE TURNED OVER TO THE ZONING & PLANNING COMMISSION FOR REVIEW--AND ~COMMENDATION. DISCUSSION FOLLOWED AS TO THE LEGALTY OF~ ~ON GDC PROPERTY IN TWIN LAKES AND AFTER IT SHALL BE UNLAWFUL FOR ANY PERSON TO KEmP~ MAINTA~, PEN OR FEED ANY TYPE LARGE ANIMAL IN- CLUDING LIVESTOCK AND FOWL SUCH AS DUCKS, Gm~.SE, E~.. TO ROAM OR RUN AT LARGE IN THE STREETS OF SEBASTIAN. THE TWO ORDINANCES ARE IN CON~L_~T] B~_.~ THE ORDINANCE THAT WAS ADOPTED LAST WOULD HAVE TO PREVAIL, AND IT PROHIBITS DUCKS RUNNING'-A~,'~A~. THE PIER AT THE COUNCILMAN GASS SUBMITTED HIS RESIGNATION AS CHAIRMAN OF THE ADJUSTMENT BOARD AND IN SO DOING THANKED COUNCILMAN CLIFF HOOSE FOR HIS ORIGINAL RECOMMENDATION THAT LEAD TO HIS BEING APPROVED TO THE BOARD. HE ALSO THANKED THE MEMEBERS OF THE BOARD FOR THEIR VERY FINE COOPERATION DURING THE PAST YEAR THAT HE SERVED AS CHAIRMAN. MR. DIAMOND SUGGESTED PLACING SAFETY LADDERS AT THE END OF THE PIER STATING THAT AN OLDER PERSON FALLING INTO THE WATER WOULD PROBABLY NOT HAVE THE STAMINA TO SWIM TO SHORE. MAYOR CRAGG REPLIED THAT UNLESS THE PERSON IS SHORTER THAN 3' HE WOULD BE ABLE TO WALK TO SHORE. MR. BEEVAN, WHO HAD DEPARTED THE COUNCIL MEETING EARLIER AND JUST RETURNED, SAID HE WAS ADVISED THAT GDC'S REQUEST TO THE CITY TO ACCEPT THE ROADS AND DRAINAGE IN UNITS 2 AND 3 WAS TURNED DOWN AND ASKED IF THE FULL COUNCIL WAS SEATED AT THE TIME THE ACTION WAS TAKEN. MAYOR CRAGG REPLIED THE ENTIRE CO~VCIL WAS NOT SEATED BECAUSE THE SUBJECT WAS DISCUSSED UNDER "OLD BUSINESS" WHICH WAS PRIOR TO MR. GASS BEING SWORN IN. MR. VOCELLE COMMENTED HE DID NOT FEEL IT WAS FAIR TO THE NEW MEMBER OF THE COUNCIL TO ASK HIM TO VOTE ON THE MATTER UNTIL HE WAS GIVEN THE OPPORTUNITY TO STUDY THE AGREEMENT, ETC. AND THAT A SPECIAL MEETING SHOULD BE CALLED LATER. MEETING WAS ADJOURNED AT 10 P.M. CITY CLERK MAYOR