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HomeMy WebLinkAbout07141980REGULAR COUNCIL MEETING - JULY 14, 1980 MEETING WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR. AT 7:00 P.M. PRESENT: VICE MAYOR LEWIS GRAY, COUNCILMAN FRANK OBERBECK, MAYOR PAT FLOOD, JR., ATTORNEY DANIEL M. KiLBRIDE, JR., COUNCILWOMAN DOROTHY McKINLEY, COWNCILMAN EVERETT GASS. MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN McKINLEY, TO APPROVE THE MINUTES OF REGULAR COUNCIL MEETINGS 6/9/80 AND 6/18/80 AND SPECIAL MEETING 6/25/80. CARRIED. MAYOR FLOOD INVITED EVERYONE TO COME TO THE COMMUNITY CENTER ON SATURDAY, AUGUST 9, TO MEET THE CANDIDATES WHO ARE RUNNING FOR VARIOUS COUNTY, STATE, AND FEDERAL OFFICES. COUNCILMEN OBERBECK ANNOUNCED THAT WORK ON THE BALL FIELD ON BARBER STREET IS PROGRESSING AND HOPEFULLY IT WILL BE COMPLETED BY SEPTEMBER. COUNCILMAN OBERBECK STATED THAT THE BACTERIA COUNT IN THE SWIM LAKE IS AT A SAFE POINT AND ALTHOUGH THERE HAVE BEEN COMPLAINTSOF EAR INFECTIONS, IT CANNOT BE BLAMED PRIMARILY ON THE LAKE. SOME PEOPLE ARE MORE SUSCEPTIBLE TO EAR INFECTIONS THAN OTHERS. COUNCILMAN GASS REPORTED THAT THREE REQUESETS WERE RECEIVED FOR STREET LIGHTS. TWO WERE FILLED AND ONE REJECTED. COUNCILMAN GASS HAS COMPLETED THE LISTING OF ALL THE CITY STREETS AND INDIVIDUAL LOT NUMBERS AND MADE UP A MAP. MAYOR FLOOD COMMENDED HIM FOR A JOB WELL DONE. MR. LANCASTER REPORTED THAT FOR THE FIRST 9 MONTHS OF THIS FISCAL PERIOD OUR REVENUE HAS BEEN $617,215. AND EXPENDITURES HAVE BEEN $547,638. MONTH OF JUNE, NOT INCLUDING TRAFFIC STOPS. \/ MR. WEHR PERMISSION TO PURCHASE A NEW PART FOR THE MOWER AT THE CEMETERY, WHICH HE DID FOR $187. MR. WEHR ASKED THE COUNCIL WHAT DISPOSITON,_H~SHQi~MAKE OF THE CHIPS FROM THE CHIPPER AND MAYOR FLOOD ADVISED THAT THEY BE GIVEN AW/AY~TO ANY~ WHO COULD USE THEM AND MAYBE THEY WOU~ MAKE A SMALL DONATION. ~ TOTAL VALUE OF $~O0 ~T~STR~ON ~H~ ~ $1~,7~ ~ERMIT FEES FEES $49,785.12.X ~. MnY~ ~D~D~TH4TI~~ T~ ~E ~T, 9 MO~T~ ~ ~T F~, THERE WAS MR. WILLI~ MESS~TH c~v~ ~ ~L~I~E~FOR ~ Z~-N~N~L~ COMMISSION: ON JUNE 5 THEY ~PROVED 3 SITE PLANS FOR MISCELIANEOUS BUILDINGS ON S.R. 512, IN THE 186 AND 187 BL~K AREA. SITE PLAN ~PROVAL WAS GIVEN TO MR.AND ~S. CHARLES LINDSEY FOR THE OPERATION OF A LAWN MOWER SHOP. ON JUNE 19 3 MORE BUILDINGS WERE APPROVED' FOR THE SAME AREA. MRS. ROSEANN HENRY W~ GIVEN APPROVAL TO OPERATE A SPORTS MANUFACTURING BUSINESS IN SEBASTIAN PLAZA. ~. MAYER INFORMED THE COUNCIL THAT THIS ENTERPRISE ~D BEEN TURNED DOWN BY THE STATE BECAUSE COMBUSTIBLE MATERIA~ WERE GOING TO BE USED IN THE OPERATION. SINCE THE MEMBERS OF THE COUNCIL HAVE NOT YET HAD THE CHANCE TO LOOK OVER THE ROADS IN CON- NECTION WITH GENERAL DEVELOPMENT CORPORATION'S ROAD ACCEPTANCE AGREEMENT, MAYOR FLOOD SUG- GESTED THAT THIS MATTER BE PLACED ON THE AGENDA FOR THE NEXT MEETING. MOTION BY COUNCILMAN GASS, SECONDED BY VICE MAYOR GRAY, TO TABLE THE ROAD ACCEPTANCE AGREEMENT OF GENERAL DEVELOPMENT CORPORATION UNTIL THE NEXT REGULAR COUNCIL MEETING ON JULY 23. CARRIED. MR. KILBRIDE PRESENTED TO THE COUNCIL FOR THEIR CONSIDERATION A PROPOSED FORM WHICH WOULD BE A GENERAL APPLI~g~TION FORM TO BE FILLED OUT BY ANY PERSON WISHING TO BE APPOINTED TO A COMMITTEE. THERE FOLLOWED A GENERAL DISCUSSION AND IN-PUT FROM THE COUNCIL AS TO CHANGES TO BE MADE IN THE FORM. MR. KILBRIDE WILL BRING BACK TO THE NEXT MEETING A RESOLUTION COVERING GUIDELINES TO BE USED IN APPOINTMENT MEMBERS TO COMMITTEES. COUNCILMAN OBERBECK SUBMITTED A LIST OF NAMES THAT HE REQUESTED THE COUNCIL TO APPOINT AS A COMMITTEE TO LOOK INTO THE PROBLEMS AT THE SWIM LAKE. HE ADDED THAT IF IT WAS THE INTENT OF THE TAXPAYERS TO TAKE OVER THE SWIM LAKE, HAVING A COMMITTEE WOULD BE A WASTE OF TIME. WE COULD LOSE FEDERAL REVENUE MONEY BECAUSE OF DISCRIMINATION. MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN McKINLEY, TO APPOINT THE FOLLOWING PEOPLE AS A COMMITTEE TO STUDY THE PROBLEMS AT THE SWIM LAKE: DELORES SANDERS, DAVID SANDERS, JOAN McKINLEY, ANN O'BRIEN, SANDY BLAKESLEY, NANCY SANDER, FRANK OBERBECK. CARRIED. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCII_~AN OBERBECK, TO PLACE AN AD IN THE FLORIDA MUNICIPAL RECORD - 1/6 OF A PAGE, $54.00. CARRIED. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILMAN GASS, TO PERMIT FLY FLORIDA INC. TO PARK A TRAILER AT THE AIRPORT FOR 90 DAYS, WITH THE STIPULATION THAT A BUILDING PERMIT IS OBTAINED BE- FOREHAND. CARRIED. 651 REGULAR .COUNCIL MEETING - JULY 14, 1980 ( PAGE 2 ) MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN GASS, 'TO APPOINT MR. GEORGE ETIENNE AS A MEMBER OF THE ZONING AND PLANNING COMMISSION. ROLL CALL VOTE: NAYS: NONE AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK MAYOR FLOOD COUNCILWOMAN McKINLEY COUNCILMAN CASS CARRIED. lw~R. KILBRIDE READ IN ITS ENTIRETY AN ORDINANCE AMENDING SEC 20-16 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN (1980) BY INCREASING THE MEMBERSHIP OF THE PLANNING & ZONING COMMISSION TO SEVEN (7) MEMBERS IN STAGGERED TERMS; PROVIDING FOR AN ALTERNATE MEMBER; PROVIDING AN EFFECTIVE DATE. AFTER A GENERAL DISCUSSION, THE FOLLOWING CHANGES WERE RECOMMENDED: ALTERNATE MEMBER TO ATTEND ALL MEETING, MAY VOTE IN THE ABSENCE OF THE REGULAR MEMBER, MUST BE A RESIDENT OF SEBASTIAN FOR SIX MONTH. MOTION BY COUNCILMAN CASS, SECONDED BY COUNCILMAN OBERBECK, TO ACCEPT, WITH AMENDMENTS,THE FIRST READING OF AN ORDINANCE AMENDING SEC 20-16 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN (1980) BY INCREASING THE MEMBERSHIP OF THE PLANNING & ZONING COMMISSION TO SEVEN (7) MEMBERS IN STAGGERED TERMS; PROVIDING FOR AN ALTERNATE MEMBER; PROVIDING AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK N \ V I FLOOD \ i PUBLIC HEARING WILL BE HELD AT THE WT~RF,~HOI~ ~EET.[4~G ON AW~UST 6. MR. KILBRIDE READ IN ITS ENTIRETY AN ORDINANCE AMENDING ORINANCE NO. 202, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF SEBASTIAN BY PROV/2~z~ F~A~ ALTERNATE MEMBER TO BOARD OF ADJUSTMENT; REQUIRING ON (lI YEAR RESIDENCY; PROVIDIN~ AM ~FFEC~E DATE. AFTER A GENERAL DISCUSSION, THE FOLLOWING C~ANG~S W~E RECOMMENDED: ONLY ONE ALTERNATE MEMBER INSTEAD OF TWO FOR A TWO YEAR TERM, ON PAGE 2 (d) 3~D LINE - CHANGE "INDIVIDUAL" TO "PERSON". COUNCILWOMAN MCKINLEY SUGGESTED THAT ON P~(2)~4TH LINE- CHANGE "AT LEAST ONE (1) YEAR" TO "A MINIMUM OF ONE (i) YEAR". MAYOR FLOOD STATED THAT THIS PARTICULAR CHANGE COULD BE MADE AT THE NEXT MEETING, IF SO DECIDED. MOTION BY COUNCI SS C BY I McF. IMLEY, TO T, AMENDMENTS, THE FIRST READING OF )~6~RDI. VAN~E AM~l~ING~OR~33~NAN~ ~0. 2~2, AS AMEND~I~, ~THE ZONJNG ORDINANCE OF ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK MAYOR FLOOD COUNCILWOMAN McKINLEY COUNCILMAN CASS NAYS: NONE CARRIED. PUBLIC HEARING WILL BE HELD AT THE WORKSHOP MEETING ON AUGUST 6. MR. KILBRIDE READ BY TITLE ONLY AN ORDINANCE AMENDING ORDINANCE 0-78-6, KNOWN AS THE "UTILITIES ORDINANCE", BY CREATING CHAPTER 27'0F THE CODE OF ORDINANCES; AMENDING THE METHOD OF PURCHASE OF A UTILITY BY THE CITY; PROVIDING A SEVERABiLITY CLAUSE AND AN EFFECTIVE DATE. M~. KILBRIDE EXPLAINED THAT THIS IS PRIMARILY ORDINANCE NO. 0-78-6 WITH A FEW WORD CHANGES IN IT. HOWEVER, A SIGNIFICANT CHANGE HAS BEEN MADE WiTH THE ADDITION OF SECTION 25-3 REGARDING HOW THE CITY CAN PURCHASE EXISTING WATER OR SEWER OPERATIONS. ALSO, UNDER "SETTING RATES", THERE ARE 5 PAGES ON HOW TO SET RATES FOR WATER AND SEWER OPERATIONS. THIS IS A BRAND NEW STATUTE ADOPTED BY THE 1980 LEGISLATURE WHICH IS NOT MANDATORY, BUT IS RECOMMENDED BY MR. KILBRIDE. AFTER A LENGTHY DISCUSSION IT WAS AGREED BY THE COUNCIL TO REVIEW THIS FURTHER AFTER A PUBLIC HEARING ON AUGUST 6, BY WHICH TIME THEY WILL HAVE HAD A CHANCE TO READ IT OVER. MOTION BY COUNCILMAN CASS, SECONDED BY COUNCILWOMAN McKINLEY, TO ACCEPT THE FIRST READING, BY TITLE ONLY, OF AN ORDINANCE AMENDING ORDINANCE 0-78-6, KNOWN AS THE "UTILITIES ORDINANCE", BY CREATING CHAPTER 27 OF THE CODE OF ORDINANCES; AMENDING THE METHOD OF PURCHASE OF A UTILITY BY THE CITY; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK MAYOR FLOOD COUNCILWOMAN MCKINLEY COUNCILMAN CASS NAYS: NONE. CARRIED. MAYOR FLOOD STATED THAT MR. WILLIAM CARROLL, MUNICIPAL CODE CORPORATION, HAS BEEN ON VACATION. HE WILL GET IN TOUCH WITH MR. CARROLL AND REPORT BACK AT THE NEXT COUNCIL MEETING ON JULY 23. MAYOR FLOOD ANNOUNCED THAT IT BECAME NECESSARY TO STOP GENERAL DEVELOPMENT CORPORATION FROM . .'L' ,i .. ,: ." ' '~' REGULAR COUNCIL MEETING - JULY 14, 1980 (PAGE 3) PROCEEDING WITH THE DEVELOPMENT OF UNIT 16 BECAUSE THEY CHANGED PLANS AGAIN WITHOUT COMING TO THE COUNCIL AND THE CITY ENGINEER FOR APPROVAL. HE ADDED THAT IT MIGHT BE NECESSARY TO CALL AN EMERGENCY MEETING AND WEDNESDAY, JULY 16, AT 7:00 P.M. WAS TEN- TEATIVELY SET UP FOR A MEETING. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN MCKINLEY, TO BRING ON THE FLOOR AN ORDINANCE CHANGING STREET NAMES. CARRIED. M~q. KILBRIDE IN ITS ENTIRETY AN ORDINANCE CREATING SECTION 23-1 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, BY CHANGING NAMES OF VARIOUS STREETS WITHIN SAID CITY. COUNCILMAN GASS MENTIONED THAT HARRISON STREET WAS INCLUDED IN THE ORDINANCE, WHICH WAS NOT INCLUDED ORIGINALLY. MR. KILBRIDE ADVISED THAT HE INCLUDED THIS BECAUSE WE ARE ANNEXING THE SUBDIVISION WHICH INCLUDES THIS STREET (SHOWN AS SECOND STREET ON THE MAP) , BUT APPEARS TO BE AN EXTENSION OF HARRISON. VICE MAYOR GRAY OBJECTED TO THE NAMING OF A STREET AFTER WILLIAM BEVAN. A PUBLIC HEARING WAS SET FOR AUGUST 6 AT WHICH TIME THE OBJECTIONS WILL BE DISCUSSED. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GASS, TO ACCEPT THE FIRST READING OF AN ORDINANCE CREATING SECTION 23-1 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, BY CHANGING NAMES OF VARIOUS STREET WITHIN SAID CITY. ROLL CALL VOTE: AYES: MEETING ADOURNED AT 9:15 P.M. COUNCILMAN OBERB~CK COUNCILWOMAN McKINLEY COUNCILMAN GASS NAYS: VICE MAYOR GRAY MAYOR FLOOD _ CARRIED. City Clerk ~ J Mayor (MAYOR FLOOD HAD A PREVIOUS COMMITMENT AND ARRIVED AFTER THE MEETING STARTED.) MCKINLEY, VICE MAYOR GRAY STATED THAT THIS WAS A SPECIAL MEETING WITH THE CiTY COUNCIL, MEMBERS OF RIVER'S EDGE HOMEOWNERS ASSOCIATION, AND ELLIOTT KEPPLER, OWNER OF RIVER'S EDGE SUB- DIVISION. MR. DAN MELIA, PRESIDENT OF THE HOMEOWNERS' ASSOCIATION, READ A STATEMENT COMPLAINING OF THE RUSTY CONDITION OF THE WATER AND REQUESTING THE CiTY TO SEE THAT THE WATER SYSTEM IS UPGRADED AND THEN FRANCHISED. MR. KEPPLER STATED THAT HE IS CURRENTLY NEGOTIATING TO INSTALL A 5,000 GALLON SETTLING TANK. MR. KEPPLER HAS BEEN CHARGED WITH VARIOUS VIOLATIONS BY THE DEPARTMENT OF ENVIRONMENTAL REGULATIONS AND AT THE PRESENT TIME IS OPER- ATING WITHOUT A PERMIT. THERE WAS A VERY LENGTHY DISCUSSION DURING THE COURSE OF WHICH IT WAS SUGGESTED THAT INDIVIDUAL WELLS BE DRILLED ON EACH LOT. A POLL OF THE LOT OWNERS WILL BE TAKEN TO SEE IF THEY AGREE TO THIS AND WHEN THE RESULTS ARE IN ANOTHER MEETING WILL BE CALLED. MEETING ADJOURNED AT 7:25 P.M. CITY CLERK MAYOR