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Home My WebLink About05111981PUBLIC HEARING - MAY 11, 1981 PUBLIC HEARING CALLED TO ORDER AT 7:00 P.M. BY MAYOR PAT FLOOD, JR. PRESENT: VICE MAYOR EVERETT T. GASS, COUNCILMAN FRANK OBERBECK, COUNCILMAN RICHARD VOTAPKA, COUNCILWOMAN FLORENCE PHELAN, MAYOR PAT FLOOD, JR., AND CITY ATTORNEY DAN KILBRIDE. THE CITY CLERK READ THE NO.~ICE OF PUBLIC HEARING AS IT APPEARED IN THE PRESS JOURNAL APRIL 26 AND MAY 3, 1981, TO CONSIDER THE ADOPTION OF AN ORDINANCE AMENDING SECTION VIII OF ORDINANCE 202, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF SEBASTIAN, BY STATING A PURPOSE; REQUIRING A SEVENTY FOUR FOOT FRONT YARD ON PROPERTY ABUTTING FELLSMERE ROAD (SR-512); REQUIRING OPEN AREA. THE PUBLIC QUESTIONED QUESTIONED WHETHER THE ORDINANCE COVERED THE COMMERCIAL PROPERTIES FROM L~UISIANA AVENUE WEST ON STATE ROAD 512. MR. MAYER REPORTED THAT SOME OF THE PROPERTY WAS ONLY 50' DEEP. MAYOR FLOOD SAID THAT EACH BUILDING IN THAT AREA WOULD BE WEIGHED ON ITS OWN MERIT. ATTORNEY KILBRiDE EXPLAINED THAT THIS ORDINANCE DID NOT APPLY TO C2 OR M1 ZONING. THERE BEING NO FURTHER COMMENTS FROM THE PUBLIC, THE MEETING WAS CLOSED. PUBLIC HEARING CLOSED 7:16 P.M. REGULAR COUNCIL MEETING - MAY ll, 1981 REGULAR COUNCIL MEETING CALLED TO ORDER AT 7:16 P.M. BY MAYOR PAT FLOOD, JR. PRESENT: VICE MAYOR EVERETT T. GASS, COUNCILMAN FRANK OBERBECK, COUNCILMAN RICHARD VOTAPKA, COUNCILWOMAN FLORENCE PHELAN, MAYOR PAT FLOOD, JR., AND CITY ATTORNEY DAN KILBRIDE. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, TO ACCEPT THE MINUTES OF SPECIAL MEETING 4/1, PUBLIC HEARING 4/8, REGULAR COUNCIL MEETING 4/13, SPECIAL MEETING 4/16, PUBLIC HEARING 4/22, REGULAR COUNCIL MEETING 4/22, AS AMENDED BY COUNCILMAN VOTAPKA. CARRIED. THE CITY CLERK READ A LETTER INVITINC MA~_~ -LDOD AAD'T~Y COUNCIL TO A MEMORIAL DAY SERVICE ON MAY 24, 1981 AT 2:00 P.M., FROM THF AMERICAN LEGICN PO~T ~189 LOCATED ON THE CORNER OF LOUISIANA AVENUE AND STATE ROAD 512. ~ ~' ~UN~ILW~MAN PHELAN QUESTI~NED WHETHER``.T2bE ~I"T~ HA~-RECE~%~D AN INVITATI~N T~ AN INSTALLATI~N BANQUET FOR THE V.F.W. OFFICERS. MAYOR FLOOD STATED THAT HE HAD RECEIVED AN INVITATION AT HOME AND ASSUMED THAT EACH COUNCIL MEMBER HAS ALSO RECEIVED A~J~VI~N AT HOME. MAYOR FLOOD STATED THAT HE WOULD CERTAINLY SEND A LETTER OF APOLOGY TO THE V~F~W., ~ VICEMAYOR GASSREPORTED THATHEHADBEENIN TO~UCH NIT, FLORIDA POWERANDLIGHTANDTHEYPLANTO START THE CHANGE OVER TO THE SODIUM VAPOR LIGHTS rN ~HE EA~LY PART OF JUNE. THE TRAFFIC CONTROL COMMITTEE MET TODAY AND MADE SEVERAL ON SiTE INSPECTI~.J~ TF. EI COMMITTEE FOUND THAT TWO OF THE PROPERTIES WILL NEED TO SUBMIT ADDITIONAL SITE PLAN DATA, INITIATE TRAFFIC FLOW TO PREVENT A POSSIBLE HAZARD, AND THE NECESSITY TO RECEIVE MORE DATA FROM ANOTHER PETITIONER. A COMPLETE SET OF I (E OO Z,E NCE LEE NUZZE OF THE CZVIL COUNCILMAN OBERBECK REPORTED THAT HE HAD BEEN IN TOUCH WITH BILL JORDAN OF JORDAN SPRINKLER SYSTEMS, AND THE SPRINKLER SYSTEM AT THE BALL FIELD WILL BE TESTED SOMETIME THIS WEEK. COUNCILMAN OBERBECK REPORTED THAT HE, CAPTAIN MELTON, SHERfFF DOBECK, AND JUDGE STIKELETHER MET SATURDAY MORNING TO SET UP A YOUTH WORK PROGRAM. 'THIS PROGRAM IS BEING SET UP SO THAT YOUTHS WITH TRAFFIC VIOLATIONS CAN WORK FOR AND IN THE COMMUNITY RATHER THAN HAVING THEIR LICENSES REVOKED. COUNCILMAN OBERBECK REPORTED THAT HE ALREADY HAS SEVEN PEOPLE WILLING TO ASSIST WITH THIS PROGRAM AND THERE IS NO LIABILITY TO THE CITY. COUNCILMAN OBERBECK READ A LETTER FROM THE DEPARTMENT OF NATURAL RESOURCES COMMENDING OFFICER TIM HARRIS FOR HIS ASSISTANCE WITH THE FLORIDA MARINE PATROL IN AN ARREST. MAYOR FLOOD RECOMMENDED THAT THE LETTER BE PLACED IN OFFICER HARRIS' PERSONAL FILE. COUNCILMAN VOTAPKA REPORTED THAT 'THE CEMETERY COMMITTEE HAD A MEETING WITH SEVEN IN ATTENDANCE. DISCUSSION WAS HELD REGARDING SETTING UP A MEETING ON A MONTHLY BASIS. COUNCILMAN VOTAPKA REPORTED THAT HE IS CONTACTING THE CEMETERY ASSOCIATION WITH REGARDS TO POSSIBLY WORKING WITH THEM ON IMPROVE- MENTS SUCH AS THE GRASS, DEVELOPING THE UNDEVELOPED SECTION TO THE NORTH, INSTALLATION OF CORNER MARKERS FOR A NEW ONE ACRE SECTION, SUBDIVIDING A ONE ACRE SECTION INTO GRAVE SITES, AISLES, ROAD AND LANDSCAPE ZONES, THE NECESSITY FOR LANDSCAPING, AND HOW TO IMPLEMENT THAT, IMPROVEMENT OF AN INTERCONNECTING ROAD BETWEEN THE TWO SERVICE ROADS THAT LEAD INTO THE CEMETERY AND ALSO SETTING HEAD STONES FLUSH WITH THE GROUND. COUNCILMAN VOTAPKA REPORTED THAT THE HURRICANE SEASON STARTS JUNE l, 1981. COUNCILWOMAN PHELAN REPORTED THAT SHE ANTICIPATES THE ROUGH DRAFT OF THE SIGN ORDINANCE READY FOR THE NEXT MEETING. CHIEF CUMMINS REPORTED THAT DURING THE MONTH OF APRIL 449 COMPLAINTS WERE HANDLED THROUGH THE POLICE DEPARTMENT, NOT INCLUDING TRAFFIC STOPS. REGULAR COUNCIL MEETING - MAY 11, 1981 DALE WEHR, STREET DEPARTMENT, REPORTED THAT THERE WERE 2006% WORKING HOURS FOR THE MONTH OF APRIL, WITH $2793.00 IN EXPENDITURES. $1,400.00 WAS SPENT ON THE STREET SWEEPER AND WEAPONS CARRIER FOR REPAIRS AND THE BALANCE ON GENERAL MAINTENANCE REPAIRS. HE REPORTED THAT THE WORK ON HIGH STREET HAS BEEN COMPLETED. THE MEN ARE NOW MAKING AND INSTALLING PICNIC TABLES AND BENCHES AT THE SEBATIAN PARK. ART MAYER, BUILDING DEPARTMENT, REPORTED THAT 33 SINGLE FAMILY RESIDENT PERMITS WERE ISSUED FOR A TOTAL ASSESSED VALUE OF $1,094,850.00, PERMIT FEES COLLECTED FOR THE MONTH OF APRIL $6,879.29. JOSEPH LANCASTER, FINANCE DIRECTOR, REPORTED THAT FOR THE SEVEN MONTHS ENDED APRIL, 1981, $570,613.00 HAS BEEN EXPENDED, WHICH IS ABOUT 70% OF THE BUDGETED REVENUE. MR. ANDRE REQUESTED PERMISSION TO MAKE A STATEMENT TO THE COUNCIL REGARDING THE SODIUM VAPOR LIGHTS. MR. ANDRE REMARKED THAT HE FELT THAT THE SODIUM VAPOR LIGHTS WERE NOT THE THING FOR SEBASTIAN. HE STATED THAT THE LIGHTS TEND TO ALTER OBJECTS AND MAKE PEOPLE DEPRESSED. HE WENT ON TO SAY THAT THE LIGHTS INDICATE A CRIME LOCATION AND THAT PEOPLE GOING THROUGH SEBASTIAN WOULD KNOW THAT THIS IS A CRIME AREA LOCATION. AN UNIDENTIFIED GENTLEM~N STATED THAT HE HAD WORKED FOR A POWER COMPANY IN ANOTHER STATE AND THAT THEY FOUND THE CRIME HAD DROPPED AFTER SODIUM VAPOR LIGHTS WERE INSTALLED BECAUSE THEY GAVE OFF ABOUT 2% TIMES MORE LIGHT. MAYOR FLOOD INSTRUCTED VICE MAYOR GASS TO SEE IF WE COULD GET A SODIUM VAPOR LIGHT FROM FLORIDA POWER AND LIGHT AND POSSIBLY A REPRESENTATIVE TO DEMONSTRATE THE LIGHT. MAYOR FLOOD REQUESTED THAT THE SODIUM VAPOR LIGHTS BE AN AGENDA ITEM FOR THE MEETING OF MAY 20, 1981. THERE WERE NO OBJECTIONS FROM THE COUNCIL TO MAYOR FLOOD'S REQUEST TO MOVE THE TWO GENERAL DEVELOP- MENT CORPORATION ORDINANCES ON THE AGENDA. ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY THE ORDINANCE GRANTING GENERAL DEVELOPMENT CORPORATION AN EXCLUSIVE FRANCHISE TO/OR~RATE_AN~--~AI~T~TWATER DISTRIBUTION SYSTEM IN UNITS 7, 9, MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE ME YOR GAS~,~ TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE OF THE CITY COUNCIL OF .T~ CITY OF SEBAStiaN, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE TO GENERAL DEVELOPMENT UTILITIES, IN~,~AJFLgRIDA CORPOR~T~ON, TO OPERATE AND MAINTAIN A WATER DISTRIBUTION SYSTEM WITHIN A PORTION O~-~HE ~-~TY O~-SEBASTIA-- N, FLORIDA; SETTING FORTH CONDITIONS AND PRIVILEGES ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR RATES AND CHARGES, AND FOR SERVICE STANDARDS; PROHIBITING THE USE OF INDIVIDUA~R~EMS, WITHIN THE FRANCHISE AREA; PROVIDING FOR WATER CONNECTIONS AND PENALITIES FOR THE VfOIJA~ION O~ SUCH PROVISION; AND REPEALING ORDINANCE N0.175 AND 203 AND ANY ORDINANCES GRANTING A WATER PRANCHiS~--~ITHIN THE CITY OF SEBASTIAN, FLORIDA TO GENERAL DEVELOPMENT CORPORATION, A DELAWARE CORPORATI~DN O~G~ERAL DEVELOPMENT UTILITIES, INC., A ;..'.~21.'f) l ROLL CALL VOTE: ~ V ~/.c I: ~C~ ~R ~ ': N COUNCILWOMAN PHELAN VOTED NAY BECAUSE OF THE "EXCLUSIVE FRANCHISE!'. CARRIED. ATTORNEY KILERIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY THE ORDINANCE GRANTING GENERAL DEVELOPMENT CORPORATION AN EXCLUSIVE FRANCHISE TO OPERATE AND MAINTAIN A WATER DISTRIBUTION SYSTEM. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, TO ADOPT THE THrRD AND FINAL READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE TO GENERAL DEVELOPMENT UTILITIES, INC., A FLORIDA CORPORATION, TO OPERATE AND MAINTAIN A WATER DISTRIBUTION SYSTEM WITHIN A PORTION OF THE CITY OF SEBASTIAN, FLORIDA; SETTING FORTH CONDITIONS AND PRIVILEGES ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR RATES AND CHARGES, AND FOR SER- VICE STANDARDS; PROHIBITING THE USE OF INDIVIDUAL WATER SYSTEMS, WITHIN THE FRANCHISE AREA; PROVIDING FOR WATER CONNECTIONS AND PENALTIES FOR THE VIOLATION OF SUCH PROVISIONS; AND REPEALING ORDINANCE NO. 175 AND 203 AND ANY ORDINANCES GRANTING A WATER FRANCHISE WITHIN THE CITY OF SEBASTIAN, FLORIDA, TO GENERAL DEVELOPMENT CORPORATION, A DELAWARE CORPORATION O~ GENERAL DEVELOPMENT UTILITIES, iNC., A FLORIDA CORPORATION, WITH THE CORRECTION: "REPRODUCIBLE MYLARS" RATHER THAN REPRODUCIBLE SEPIA". ROLL CALL VOTE: AYES: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA MAYOR FLOOD NAYS: COUNCILWOMAN PHELAN C~3~;NCILWOMAN PHELAN VOTED NAY BECAUSE OF THE "EXCLUSIVE FRANCHISE". CARRIED. ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY THE ORDINANCE GRANTING GENERAL DEVELOPMENT CORPORATION AN EXCLUSIVE FRANCHISE TO OPERATE AND MAINTAIN A SEWAGE COLLECTION AND DISPOSAL SYSTEM WITHIN UNITS 7, 9, PHASE I OF 16, AND 17 OF SEBASTIAN HIGHLANDS SUBDIVISION. -2-