HomeMy WebLinkAbout05191982REGULAR COUNCIL MEETING - MAY 19, 1982
REGULAR COUNCIL MEETING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M.
PRESENT: VICE MAYOR EVERETT T. GASS, COUNCILMAN FRANK OBERBECK, COUNCILMAN RICHARD VOTAPKA,
COUNCILMAN GEORGE SCHUM, CITY ATTORNEY DANIEL KILBRIDE AND MAYOR PAT FLOOD, JR.
COUNCILMAN VOTAPKA ANNOUNCED THAT THE INDIAN RIVER COUNTY CIVIL DEFENSE DEPARTMENT WILL BE
MAKING A PRESENTATION REGARDING HURRICANE PREPAREDNESS ON JUNE 1, 1982, AT THE SEBASTIAN
COMMUNITY CENTER FOR.~LL INTERESTED SEBASTIAN AREA RESIDENTS. HE ESPECIALLY ENCOURAGED THOSE
RESIDENTS OF MOBILE HOME PARKS TO PARTICIPATE.
VICE MAYOR GASS COMMENDED THE SEBASTIAN POLICE DEPART~4ENT FOR THEIR EXCELLENT JOB DURING THE
FUNERAL SERVICES HELD FOR EUGENE CRAGG. HE ALSO COMMENDED THE SEBASTIAN FIRE DEPARTMENT AND
THE SEBASTIAN AMBULANCE SQUAD FOR THEIR TURN OUT AND FELT THAT THE CITY OF SEBASTIAN SHOULD BE
VERY PROUD OF THESE ORGANIZATIONS.
A DISCUSSION FOLLOWED REGARDING THE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE SEBASTIAN
HIGHLAND PROPERTY OWNERS ASSOCIATION, AS TO WHETHER THE ASSOCIATION HAS BREACHED THE AGREEMENT
WITH THE CITY BY AMENDING ITS MEMBERSHIP REQUIREMENTS, ONLY ALLOWING SEBASTIAN HIGHLAND HOME-
OWNERS TO BE MEMBERS AND IF THE UNLIMITED FREE USE OF THE SEBASTIAN YACHT CLUB WILL BE PERMITTED,
SINCE THE ASSOCIATION DID NOT FILE THE BY LAW/CHARTER AMENDMENT WITH THE STATE, MODIFYING THE
ARTICLES OF INCORPORATION.
ATTORNEY KILBRIDE STATED THAT THE DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS FINAL ORDER,
ISSUED IN 1977, SEEMED TO BE THE BEST INDICATOR AS FAR AS REF~UTING THE INTENT OF BOTH THE
CITY OF SEBASTIAN AND THE SEBASTIAN H~A~D~--~R~~ASSOCIATION. HE EXPLAINED THAT
SINCE THE TERM PROPERTY OWNER, HOME OWN~_~ND THE ASSOCI~TVO~ HAS BEEN USED INTERCHANGEABLY IN
OTHER DOCUMENTS, HE FEELS THAT PARAGRAP.~..~TWO, PAGE TWO, O~ ~HE FINAL ORDER SERVES AS THE CONTROLLING
PARAGRAPH AS FAR AS WHAT WAS PREVIOUSLY~ABL~SHED AS PO%I~Y AND THAT IT APPEARS TO BE LOT
OWNERS. ~J __ __ U
MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, THAT THE ASSOCIATION FILE WITHIN
FIFTEEN DAYS FROM THE DATE, AN AMENDMENT WIT~H~ ST2h~MODIFYING ITS MEMBERSHIP REQUIREMENTS
UNDER ARTICLE #4, OF THE ARTICLES OF INCORPdRA~ON TO~AUREE WITH THE CHANGES MADE IN THE
CHARTER AND BYLAWS/OR REINSTATE AS MEMBERS THOb~E NON~_~SIDENT PROPERTY OWNERS WHO APPLIED FOR
MEMBERSHIP SUBSEQUENT TO THE CHANGES MADE ~T ~h-E ~SgOC~ATIONS CHARTER AND LAWS AFFECTING MEMBER-
SHIP REQUIREMENTS; SHOULD THE ASSOCIATION FAIL TO FTI~, THE AMENDMENT TO ARTICLE #4 AS SPECIFIED,
THEN THE CITY WILL CONSIDER THE ASSOCIATION~O~-CQ,~LIANCE AS A BREACH OF THE ORIGINAL AGREE-
MENT WITH THE CITY TO THE ASSOCIATION'S FREE ~D UNLIMITED USE OF THE YACHT CLUB.
ROLL CALL VOTE: AY'~iCE ~0
R
\C NC AN
COUNCILMAN OBERBECK
MAYOR FLOOD
CARRIED.
MRS. ANN DEWHURST, CITY RESIDENT, COMMENDED MAYOR FLOOD FOR ALL HIS HELP DURING THE GENERAL
DEVELOPMENT UTILITY WATER OUTAGE SITUATION. SHE DISTRIBUTED EMERGENCY PHONE NUMBERS TO THE
COUNCIL THAT SHE ACCUMULATED DURING THIS WATER OUTAGE.
AFTER A BRIEF DISCUSSION REGARDING THE RECENT WATER OUTAGES OF GENERAL DEVLEOPMENT UTILITY~
MAYOR FLOOD RECOMMENDED THAT WE HAVE THE FIRST AND SECOND READING OF THE GENERAL DEVELOPMENT
UTILITY WATER AND SEWER RATE ORDINANCES AND THEN POSSIBLY HOLD UP ON THE FINAL READING AND
APPROVAL UNTIL GENERAL DEVELOPMENT UTILITY HAS A STABLE WATER MANAGEMENT PROGRAM.
ATTORNEY KILBRIDE EXPLAINED THAT A FORMAL HEARING WOULD BE HELD REGARDING GENERAL DEVELOPMENT
UTILITY WATER AND SEWER RATE INCREASE AND THAT EVERYONE CONCERNED WOULD TESTIFY UNDER OATH AT
THIS HEARING.
AFTER A DISCUSSION REGARDING THE CITY'S WATER RATEPROPOSAL, EARL MASTELLER, CITY ENGINEER,
REQUESTED THAT THE CITY BE COPIED IN AS FAR AS ALL CORRESPONDENCE BEING TRANSMITTED BETWEEN
GENERAL DEVELOPMENT UTILITY AND THE DEPARTMENT OF REGULATION SINCE THE CITY OF SEBASTIAN IS A
PARTNER IN THIS PROJECT.
COUNCILMAN VOTAPKA REPORTED THAT IN THE MUNICIPAL CODE OF ORDINANCES, THE PRINTER FAILED TO
INCLUDE THE ENTIRE SCHEDULE AS AN ATTACHMENT OF GENERAL RULES AND REGULATIONS FOR WATER
SERVICE WHICH IS IN OUR PAST FRANCHISE.
MAYOR FLOOD ANNOUNCED THAT THERE WOULD BE FURTHER DISCUSSION REGARDING GENERAL DEVELOPMENT UTILITY
WATER AND SEWER RATE INCREASES ON MAY 25, 1982, AT THE SEBASTIAN COMMUNITY CENTER AT 7:00 P.M.
REGULAR COUNCIL MEETING - MAY 19, 1982
COUNCILMAN VOTAPKA REPORTED THAT HE DISTRIBUTED A LETTER OF RECOMMENDATION REGARDING THE
FOUNDATIONS AT THE SEBASTIAN CEMETERY. HE EXPLAINED THAT THE LETTER OF RECOMMENDATION
HAD NOT BEEN REVIEWED TOTALLY BY THE CEMETERY COMMITTEE ALONG WITH SOME OTHER INCIDENTALS
THAT HAVE NOT BEEN DISCUSSED.
COUNCILMAN VOTAPKA STATED THAT THIS LETTER OF RECOMMENDATION IS BASICALLY AN EXPANSION OF
FURTHER CLARIFICATION OF THE ORIGINAL LETTER REGARDING-FOUNDATIONS. SINCE THERE HAS BEEN
A PROBLEM WITH MONUMENT STONES SINKING DOWN, HE EXPLAINED THAT MONUMENTS WILL BE FLUSH TO
THE GROUND AND THAT THE FOUNDATION WILL GO AROUND THE HEAD STONE, IN ORDER TO DISTRIBUTE
THE' WEIGHT ANDLESSEN IT BY HALF. HE ALSO STATED THAT THE FOUNDATION AROUND THE STONE
WILL HELP TO ELIMINATE CHIPPING OR BREAKING DURING REGULAR EDGING MAINTENANCE.
MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, THAT ACTION BE TABLED REGARDING
THE CEMETERY MARKERS UNTIL SUCH TIME IT IS REVIEWED BY THE CEMETERY COMMITTEE AND THEIR
REPORT BROUGHT BACK TO US. CARRIED.
MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, TO BRING TO THE FLOOR A DISCUSSION
REGARDING SWAPPING TWO 25 FOOT LOTS ON THE SOUTH SIDE OF THE COMMUNITY CENTER. CARRIED.
MAYOR FLOOD REMARKED THAT HE HAD BEEN APPROACHED BY A LOCAL REALTOR, REGARDING TWO 25 FOOT
LOTS, SOUTH OF THE SEBASTIAN COMMUNITY CENTER, BORDERING 10TH. STREET AND NORTH CENTRAL AVENUE.
HE EXPLAINED THAT THE CITY TRIED TO CONTACT THE OWNERS OF THESE TWO LOTS A FEW YEARS AGO AND
THEY NEVER RESPONDED SO A 50 FOOT LOT ON 10TH. STREET WAS PURCHASED BY THE CITY. MAYOR FLOOD
RECOMMENDED THAT WE TRY TO SWAP THE SO/~T ~ ~ ~S~ ~ MO 25 FOOT LOTS SOUTH OF THE
MOTION BY COUNCILMAN OBERBECK, SECONDED BY COU~CILM3kV SCH~M~ THAT THE LOCAL REALTOR BE APPROACH-
ED AND ADVISE HIM THAT THE COUNCIL HAS ~ORI~ED TO PROC~Eb WITH
THE
SWAPPING
OF
THE
LOT
THE
CITY OWNS ON 10TH. STREET FOR THE PRO~T~ADJ~ACEN~__JOUTHO[O~'"~ ''
THE
COMMUNITY
CENTER,
AN
AREA
OF
EQUAL FOOTAGE. CARRIED.
MOTION BY COUNCILMAN O~ERBECK, SECONDED BY ~~~TAPKA, TO BRING TO THE FLOOR A DISCUSSION
REGARDING THE RENEWAL OF AN AD IN THE SEBASTI~i~;"~'~?--INLE~PORTS FISHING ASSOCIATION MAGAZINE.
CARRIED.
MAYOR FLOOD REPORTED THAT THE CITY OF SEBAS~IAN'~ AD lin THE SEBASTIAN INLET SPORTS FISHING
ASSOCIATION MAGAZINE IS UP FOR RENEWAL AND TFrA-T"TH~NEWAL COST FOR THE AD WOULD BE $175.00.
HE RECOMMENDED THAT IT BE RENEWED AND ALSO MAKE MENTION IN THE AD ABOUT THE CITY'S NEW
MOTION BY VICE MAY , SS, V 3REEC , TOC TYIS AD IN THE
MAYOR F~OD INSTRU~HE~ ~T~E~A ~R F~ MR~I~Y~.~ ~DRESSED TO THE mnZOn
AND CITY COUNCIL, COMMENDING THEM FOR THEIR DETERMINATIQN AND PE~ISTANCE FOR THE ESTABLISHING
OF THE SEBASTIAN ~NICIPAL GOLF COURSE.
MAYOR FLOOD REPORTED THAT MR. TIM MCFALL, REPRESENTATIVE, JACKSONVILLE NATIONAL BANK, REVIEWED
ALL THE BOOKS REGARDING THE GOLF COURSE BOND INDENTURE AND FOUND EVERYTHING 'IN EXCELLENT
ORDER. HE REPORTED THAT THERE IS APPROXIMATELY $80,000.00 WITH INTEREST ABOVE AND BEYOND THE
EXPENDITURES FOR THE YEAR ALREADY AND FELT THE GOLF COURSE HAD FAR EXCEEDED ITS PROJECTION UP
TO THIS POINT. MAYOR FLOOD POINTED OUT THAT THE ROUGHEST TIMES FOR GOLF IS APPROACHING, BUT
FELT THAT WE WOULDN'T HAVE ANYTHING TO WORRY ABOUT.
ATTORNEY KILBRIDE REPORTED THAT HE FILED AN AMENDING COMPLAINT TODAY REGARDING THE CITY OF SEBASTIAN
VERSUS ELLIOTT KEPPLER CASE AND THAT HE HAD A COPY FOR EACH COUNCIL MEMBER.
ATTORNEY KILBRIDEREPORTED THAT AS FAR AS THE WATER PERMIT PROBLEM WITH THE ST. JOHNS WATER MANAGE-
MENT DISTRICT, THAT THE HEARING OFFICER HAS GRANTED A CONTINUANCE FOR THE AMENDED PETITION.
ATTORNEY KILBRIDE REPORTED THAT HE HAS SPOKEN TO THE ASSISTANT ATTORNEY GENERAL REGARDING THE
LEGALITY OF BINGO REQUESTED BY THE ST. WILLIAMS CATHOLIC CHURCH AND WAS TOLD THAT ANY USE OF
FUNDS FOR CONSTRUCTION AND BUILDING IS NOT WITHIN THE STATUTE. ATTORNEY KILBRIDE STATED THAT HE
HAS REQUESTED THIS IN WRITING.
MAYOR FLOOD ASKED ATTORNEY KILBRIDE IF HE WOULD HAVE A CONFLICT OF INTEREST REGARDING THE COMPLAINT
ABOUT TO BE BROUGHT UP BY MR. POTTINGER SINCE, HE HEARD A DISCUSSION BETWEEN THE PLANNING AND
ZONiNS COMMISSION AND MR. POTTINGER PRIOR TO THIS COUNCIL MEETING.
ATTORNEY KILBRIDE STATED THAT HE DID NOT FEEL THEREWAS ANY PROBLEM, SINCE HE HAS A RIGHT TO ATTEND
THE MEETINGS AND THAT AN APPEAL OF THIS TYPE WAS NOT A JURIDCAL ACTION.
COUNCILMAN OBERBECK STATED THAT HE PLACED A BID ON MR. POTTINGER'S PROPOSAL AND ALSO WALKED THE JOB.
REGULAR COUNCIL MEETING - MAY 19, 1982
ATTORNEY KILBRIDE STATED THAT THIS WOULD CREATE A POSSIBLE CONFLICT OF INTEREST AND INSTRUCTED
COUNCILMAN OBERBECK TO FILE A CONFLICT OF INTEREST STATEMENT AND THAT IT WOULD NOT PREVENT
HIM FROM VOTING.
MR. GREG GOLIEN, CHAIRMAN, PLANNING AND ZONING COMMISSION, STATED THAT THE PLANNING AND ZON-
ING COMMISSION DENIED MR. POTTINGER~S REQUEST TO TURN ONE END OF HIS GARAGE INTO A GROUND
LEVEL APARTMENT FACING INDIAN RIVER DRIVE. MR. GOLIEN EXPLAINED THAT THE PRIMARY USE OF THIS
PROPERTY IS COMMERCIAL, THE APARTMENT WOULD BE FRONTING A MAIN STREET AND THERE WOULD BE IN-
ADEQUATE PARKING FACILITIES.
'MR. POTTINGER STATED THAT WHEN THE ORIGINAL BUILDING PERMIT WAS ISSUED TO START THE CONSTRUCTION
OF THE GARAGES IT WAS WITH THE UNDERSTANDING THAT EVENTUALLY HE WOULD TURN IT INTO A RESIDENCE.
HE PRESENTED SOME AERIAL SNAP SHOTS OF HIS PARKING SITUATION AND FELT THERE WAS AMPLE PARKING.
AFTER A VERY LENGTHY DISCUSSION REGARDING THE CITY'S ZONING REGULATIONS AND HOW THIS REQUEST
FITS IN WITH THE COMPREHENSIVE LAND USE PLAN, ATTORNEY KILBRIDE REMARKED THAT IT SEEMED VERY
CLEAR THAT MR. POTTINGER'S PROPERTY IS NOT ZONED FOR THE PRIMARY USE, THERE IS A PARKING PROBLEM
AND THAT IT WILL BE LOCATED ON GROUND LEVEL. HE STATED THAT THE CITY HAS A ZONING ORDINANCE
THAT HAS BEEN APPROVED AND ADOPTED BY THE CiTY AND THAT THIS HAS TO BE ENFORCED O~ THE CITY WILL
NEVER BE UPGRADED.
MOTION BY COUNCILMAN VOTAPKA, SECONDED BY VICE MAYOR GASS, THAT WE UPHOLD THE DECISION OF THE
PLANNING AND ZONING BOARD AND OUR CURRENT ZONING ORDINANCE TO DENY THE APPEAL.
ROLL CALL VOTE:
VICE MAYOR GASS
COUNCILMAN OBER3E~K
COUNCILMAN VOTA?K~
SCHU.~/
NAYS:
MAYOR FLOOD
CARRIED.
MAYOR FLOOD STATED THAT HE DID NOT VOTE IN~AV~ROF ~HIS MOTION BECAUSE HE FEELS, MR. POTTINGER
OEG DE THE CITY IN ANY WAY. HE AGREES WIT. ZO LAWS BUT
~YOR FLeD REPORTED THAT HE WOULD CONTACT ~. LES SOLIN, CITY P~NNER, REGARDING THE UP DATING
MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN VOTAPKA, TO TABLE THE DISCUSSION REGARDING THE
GREENE GAS PROPERTY UNTIL THE NEXT WORKSHOP MEETING, JUNE 9, 1982. CARRIED'.
THE CITY CLERK READ A TEMPORARY TRAILER PARKING PERMIT REQUEST FOR LOTS 9 AND 10, BLOCK 337, UNIT
13, SEBASTIAN HIGHLANDS DURING THE CONSTRUCTION OF A SINGLE FAMILY DWELLING. (S~ORZETTI, JR.)
MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN OBERBECK, THAT WE APPROVE A TEMPORARY TRAILER
PARKING PERMIT FOR LOT 9 AND 10, BLOCK 337, UNIT 13, SEBASTIAN HIGHLANDS, DURING THE CONSTRUCTION
OF A SINGLE FAMILY DWELLING. (RESIDENTIAL - SCORZETTI, JR.) CARRIED.
MOTION BY COUNCILMAN VOTAPKA, SECONDED BY VICE MAYOR GASS, TO BRING TO THE FLOOR A DISCUSSION RE-
GARDING THE FOURTH OF JULY COMMITTEE. CARRIED.
COUNCILMAN OBERBECK EXPLAINED THAT THE FOURTH OF JULY COMMITTEE HAS REQUESTED THAT THE MOVING OF THE
OLD RAILROAD STATION TO THE BURR PROPERTY BE DELAYED UNTIL AFTER THE FOURTH OF JULY FESTIVITIES.
MAYOR FLOOD STATED THAT THERE HAS BEEN A DELAY IN OBTAINING THE BEAMS TO MOVE IT AND THAT THE WAY
IT LOOKS NOW IT WILL BE MOVED AFTER THE FOURTH OF JULY.
COUNCILMAN SCHUM REPORTED THAT HE INSPECTED THE SWIM LAKE AND FOUND THAT THE PUMP HAS BEEN REPAIRED
AND WORKING AND THAT WATER SAMPLES ARE BEING TAKEN ONCE A WEEK. HE REPORTED THAT HE RECEIVED A
$500.00 DONATION FROM THE SEBASTIAN CEMETERY ASSOCIATION FOR THE BARBER STREET FIRE STATION.
A CITY RESIDENT, ASKED WHAT THE SITUATION WAS REGARDING THE BUILDING OF THE NEW POST OFFICE. MAYOR
FLOOD STATED THAT GOVERNMENT MONEY HAS BEEN FROZEN AND WHEN IT IS RELEASED THE AIM IS STILL FOR THE
POST OFFICE TO BE BUILT ACROSS THE STREET FROM THE OLD SEBASTIAN ELEMENTARY SCHOOL.
A CITY RESIDENT SUGGESTED THAT A BIKE PATH BE PUT IN ALONG THE WINDING PORTION OF MAIN STREET BY THE
OLD SEBASTIAN ELEMENTARY SCHOOL. MAYOR FLOOD STATED THAT MAYBE WITHIN TIME SOMETHING CAN BE DONE
BUT AT THE PRESENT TIME THE MONEY IS JUST NOT AVAILABLE.
MEETING ADJOURNED AT 10:05 P.M., BY MAYOR PAT FLOOD, JR.
CITY CLERK ~]AYOR
MINU~ES APPROVED AT THE REGULAR COUNCIL MEETING OF JUNE 14, 1982