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HomeMy WebLinkAbout08091982REGULAR COUNCIL MEETING - AUGUST 9,1982 REGULAR COUNCIL MEETING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00P.M. PRESENT: VICE MAYOR EVERETT T. GASS, COUNCILMAN FRANK OBERBECK, COUNCILMAN GEORGE SCHUM, . COUNCILMAN GEORGE SCHUM, ATTORNEY DANIEL KILBRIDE, AND MAYOR PAT FLOOD, JR. ABSENT: COUNCILMAN RICHARD VOTAPKA, (EXCUSED ABSENCE - VACATION) MAYOR FLOOD ANNOUNCED THAT A PUBLIC HEARING WOULD BE HELD AT THE SEBASTIAN COMMUNITY CENTER ON AUGUST 11, 1982, TO DISCUSS THE FEDERAL REVENUE SHARING BUDGET AND THAT THE CITY'S TENTATIVE BUDGET AND GOLF COURSE BUDGET WOULD BE PRESENTED AND DISCUSSED. MAYOR FLOOD ANNOUNCED THAT A PUBLIC AUCTION OF LOT 17, BLOCK 4; SEBASTIAN GROVE ESTATES WOULD BE HELD AT CITY HALL, AUGUST 12, 1982, AT ll:00 A.M. MR. GEORGE REARDON, REPRESENTATIVE, AMERICAN LEGION POST #189, PRESENTED MAYOR FLOOD WITH A LETTER OF APPRECIATION FOR ALL THE SUPPORT HE AND THE CITY HAS GIVEN POST # 189 ON SPECIAL PROJECTS. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN SCHUM, TO APPROVE THE MINUTES OF PUBLIC HEARING 7/7, REGULAR COUNCIL MEETING 7/12, BID OPENING, PUBLIC HEARING AND REGULAR COUNCIL MEETING 7/21/82. CARRIED. JAMES CUMMINS, POLICE CHIEF, REPORTED A TOTAL OF 416 COMPLAINTS FOR THE MONTH OF JULY, 1982, NOT INCLUDING TRAFFIC VIOLATIONS. ARTHUR MAYER, BUILDING OFFICIAL, REPG~LTED A_TOTAL OF ~ ISSUED FOR THE MONTH OF JULY, 1982,Z'~T~ A ~0~----~ ROBERT DOHERTY, SUPERINTENDENT, STREET DEFA~TME~T. REI THE SWIM LAKE HAD COME BACK FACORABL~,~UT ~ITH THE CO~ FOR THE WEEKEND. S~GLE FAMILY DWELLING PERMITS l. 00 COLLECTED IN PERMIT FEES. R~ED THAT THE TEST RESULTS FOR TZNUING RAIN IT REMAINED CLOSED VICE MAYOR GASS REPORTED THAT THREE STREET LIGHTS HAD BEEN INSTALLED AND THAT HE WOULD BE MEETING WITH FLORIDA POWER AND LIGHT R~E~EN~ES TO DISCUSS THE CHANGE OVER PART OF THE RECREATION COMPLEX. COUNCILMAN SCHUM STATED THAT HE WAS IN THE PROCESS BE DISCUSSED FUR~?//ATT___~PUB~_~H -- __ ?Hj~__WOULD ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE AMENDING SECTION 23-29 OF THE CODE OF ORDINANCES REGARDING PERMITS FOR DRIVEWAYS; RENUMBERING ARTICLE III OF CHAPTER 23 RELATING TO VACATING OF EASEMENTS TO BE ARTICLE IV WITHOUT A CHANGE IN CONTENTS; CREATING A NEW ARTICLE III RELATING TO STREET OPENINGS, EXCAVATIONS AND PAVEMENTS; CUTS, INCLUDING SIDEWALKS AND CURBS WITHIN STREET RIGHT-OF-WA~ IN THE CITY; REQUIRING PERMITS; ESTABLISHING STANDARDS AND REGULATIONS; ADOPTING INSPECTION FEE SCHEDULE SETTING PENALTY FOR VIOLATIONS; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN OBERBECK, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE AMENDING SECTION 23-29 OF THE CODE OF ORDINANCES REGARDING PERMITS FOR DRIVEWAYS; RENUMBERING ARTICLE III OF CHAPTER 23 RELATING TO VACATING OF EASEMENTS TO BE ARTICLE IV WITHOUT A CHANGE IN CONTENTS; CREATING A NEW ARTICLE III RELATING TO STREET OPENINGS, EXCAVATIONS AND PAVEMENT CUTS, INCLUDING SIDEWALKS AND CURBS WITHIN STREET RIGHT-OF-WAYS IN THE CITY; REQUIRING PERMITS; ESTABLISHING STANDARDS AND REGULATIONS; ADOPTING INSPECTION FEE SCHEDULE; SETTING PENALTY FOR VIOLATIONS; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN SCHUM MAYOR FLOOD NONE CARRIED. MAYOR FLOOD ANNOUNCED THAT A PUBLIC HEARING WOULD BE HELD REGARDING THE STREET OPENING ORDINANCE ON SEPTEMBER 1, 1982, PRIOR TO THE WORKSHOP MEETING. REGULAR COUNCIL MEETING - AUGUST 9, 1982 MAYOR FLOOD REPORTED THAT EFFECTIVE SEPTEMBER 1, 1982, ALL REGULAR COUNCIL MEETINGS AND WORKSHOP MEETING WILL BE HELD ON THE FIRST THREE CONSECUTIVE:WEDNESDAYS OF EACH MONTH. ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE AMENDING SECTION 24-50 OF THE CODE OF ORDINANCES BY AUTHORIZING CITY ENGINEER TO INSPECT ALL PHASES OF NEW SUBDIVISION CONSTRUCTION; PROVIDING FOR INSPECTION FEES; PROVIDING SEVERABILITY CLAUSE AND EFFECTIVE DATE. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN OBERBECK, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE AMENDING SECTION 24-50, CODE OF ORDINANCES BY AUTHORIZING CITY ENGINEER TO INSPECT ALL PHASES OF NEW SUBDIVISION CONSTRUCTION; PROVIDING FOR INSPECTION FEES; PROVIDING SEVERABILITY CLAUSE AND EFFECTIVE DATE. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN SCHUM MAYOR FLOOD NONE CARRIED. ATTORNEY KILBRIDE STATED THAT THE FEE SCHEDULE IN THIS ORDINANCE WOULD BE SET AND AUTHORIZED BY RESOLUTION. SEBASTIAN GROVE ESTATES. MOTION BY VICE MAYOR GASS, SECONDED BY RBECK, TO ADOPT IN ITS ENTIRETY A RESOLUTION OF THE CITY COUNCIL OF SEBASTIA~ .~UTH~N~IZING THE SALE OF SURPLUS REAL PROPERTY OF THE CITY, KNOWN AS LOT 17, BLOfK 4,~ --oE~STIAN GROVE ESTATES. AYES: CO[ CILM . [ MAYqR rLOOD~ ! /I ~ CARRIED. AFTER A DISCUSSION REGARDING THE RE-ZONING AGREEMENT THAT THE CITY OIF SEBASITAN ENTERED INTO WITH THE COUNTY DURING THE DETERMINATION OF THE DUCK POINT ANNEXATION, ATTORNEY KILBRIDE READ A LETTER FROM JANET JOHNSON, STAFF PLANNER, INDIAN RIVER COUNTY, INDICATING THAT THE OWNER OF THE DUCK POINT PROPERTY HAS REQUESTED THAT THE DUCK POINT PROPERTY BE RE-ZONED TO R2D, MULTIPLE FAMILY, 6 UNITS PER ACRE ADN THAT A CONTINUANCE HEARING WOULD BE HELD AUGUST 26, 1982, AT 7:30 P.M., IN THE COUNTY COMMISSIONERS CHAMBERS, VERO BEACH AND WOULD APPRECIATE ANY COMMENTS FROM THE CITY REGARDING THIS PROPOSED RE-ZONING CHANGE. MR. GREG GOLIEN, CHAIRMAN, PLANNING AND ZONING COMMISSION, REPORTED THAT THE PLANNING AND ZONING COMMISSION IS IN TOTAL AGREEMENT WITH THE PROPOSED REZONING oF THE DUCK POINT PROPERTY. MAYOR FLOOD INSTRUCTED MR. GOLIEN, TO SEND A LETTER TO THE COUNTY STATING THAT THEY ARE IN FULL AGREEMENT WIHT PROPOSED REZONING FOR THE DUCK POINT PROPERTY. ATTORNEY KILBRIDE STATED THAT THE CITY SHOULD ALSO ENDORSE THE DUCK POINT THE DUCK POINT PROPOSAL ALSO SINCE THE CITY COUNCIL HAS AUTHORITY REGARDING REZONING. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, TO ENDORSE A ZONING CHANGE REGARDING THE DUCK POINT PROPERTY. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN SCHUM MAYOR FLOOD NONE CARRIED. COUNCILMAN OBERBECK REQUESTED THE USE OF THE SEBASTIAN RIVERVIEW PARK TO HOLD A YARD I SALE FUND RAISER ON SATURDAY, AUGUST 21, 1982, AT 10:00 A.M. AND THE USE OF THE SEBASITAN COMMUNITY CENTER, TO HOLD A BENEFIT DANCE, ON SATURDAY, AUGUST 21, 1982, TO HELP A LOCAL RESIDENT WHO HAS BEEN STRICKEN WITH CANCER. HE EXPLAINED THAT ALL MONIES RAISE AT THESE TWO FUNCTION WOULD BE PUT INTO A FUND RAISING ACCOUNT THAT HAS BEEN SET UP AT THE SEBASITAN SOUTHEAST BANK. REGULAR COUNCIL MEETING - AUGUST 9, 1982 MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN SCHUM, THAT WE ALLOW THE USE OF THE SEBASTIAN RIVERVIEW PARK FOR SATURDAY, AUGUST 14, 1982, STARTING AT 10:00 A.M. FOR A CHARITY AUCTION, TO HELP THE CANCER FUND FOR MRS. CHERVENAK. CARRIED. MOTION .BY COUNCILMAN SCHUM, SECONDED BY VICE MAYOR GASS, THAT THE COMMUNITY CENTER MAY BE USED ON AUGUST 21, 1982, FOR A DANCE TO RAISE FUNDS FOR MRS. CHERVENAK. CARRIED. COUNCILMAN OBERBECK SUGGESTED THAT THE CITY LOOK INTO THE POSSIBILITY OF STARTING A COMMUNITY FUND FOR PEOPLE IN THE AREA. MAYOR FLOOD REPORTED THAT HE HAS BEEN APPROACHED BY A GROUP OF YOUNGSTERS CALLED "PRIDE OF THE SOUTH" REQUESTING PERMISSION TO USE THE COMMUNITY CENTER TO HOLD A BAND CONCERT WITH ANY PROFITS BEING DONATED TO THE CITY. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, TO AUTHORIZE MAYOR FLOOD TO SET UP DATES FOR THE COMMUNITY ENTER FOR THE FREE USE BY THE BAND KNOWN AS "PRIDE OF THE SOUTH". CARRIED. COUNCILMAN OBERBECK EXPLAINED THAT HE NEEDED FURTHER CLARIFICATION REGARDING THE FOSTER AVENUE ABANDONMENT OF EASEMENT REQUEST. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, TO TABLE THE ABANDONMENT OF EASEMENT ON FOSTER AVENUE UNTIL'THE NEXT REGULAR COUNCIL MEETING, AUGUST 18, 1982. CARRIED. IN ^ BRImF STATEMENT, MAYOR FLOOD M^ Z._REF E T DMINISTRATIVE ACTION AGAINST ARTHUR MAYER, BUILDING OFFICIAL AND~M~RKED ~--T-.~E~/ ~SSION TO FOLLOW WOULD BE FOR COUNCIL PARTICIPATION ONLY, SINCE ~ ~ LISTED ON.~ AGENDA AS A TOPIC FOR DISCUSSION ONLY AND THAT IT WILL BE A COUNCIL DECISI~ BASED ON EyII ~NCE AND MINUTES FROM BOTH HEARINGS HELD AND WHETHER OR NOT A~OT~ ~ARING OR MEST[NG SHOULD BE HELD. COUNCILMAN OBERBECK STATED THAT AFT~EAD~G T~ENTI~ STATEMENTS FURNISHED HIM, HE CONTINUED TO REFER BACK TO THE FOLLOWING STATEMENT MADE BY A CONSTRUCTION BOARD MEMEBER AT THE JULY 23, 1982, HEARING: ~ES~APPOINTED TO CERTAIN PORTIONS OF THIS ORDINANCE, TAKING THE APPLICATIO~'S~D' S~TH. I THINK IN THE FUTURE THE BOARD IS GOING TO HAVE TO MAKE AN EFFORT TO REJIEW~HESE APPLICATIONS AND TO MAKE THEIR OWN JUDGEMENTS SO THAT THIS WILL NEVER HAPPE~ IN T~ FUTURE. I THINK T~ERE ARE PROBABLY SOME THINGS IN THE ORDINANCE THAT DO NEE~fE3T[~. I THINK THE ONLY RECOMMENDATION I WOULD LIKE TO MAKE, AND I DON'T KNOW AB~HE~HER BOARD MEMBERS, IS THAT THERE WAS A TEST ADMINISTERED, NOT ACCORDING TO THE ORDINANCE AND THAT THIS WAS A FIRST OFFENSE THAT WE ARE AWARE_ ~ AN~H~EVEt[Y~ IN~D ~A~D T~R L~O~ I DON'T THINK THE BOARD~ ~H{~IM~WI~R~ ,W~UL~ ~ ~S ~O~TANOIN~ ~qTHa ~qCONO TIME OFFENSE, BUT LE~ ~E T~T TH~ ~0~ THE DOCUMENTS B~ ~I[~ ~T ~H]~ ~E~OOLiBE MO.]E~T~E~ 0 A CO'UNITY THAN BENEFICIAL. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, THAT ANY ADMINISTRATIVE ACTION BE WAIVED. VICE MAYOR GASS STATED THAT HE ALSO BELIEVES A MISTAKE HAS BEEN MADE AND ADMITTED.. HE COULDN'T SEE WHERE ANYTHING WOULD BE ACCOMPLISHED BY CARRYING IT ANY FURTHER AND CERTAINLY THAT IF THE CIRCUMSTANCES WERE TO BE REPEATED, THAT IT WOULD BE HANDLED ENTIRELY DIFFERENT. HE FEELS TOO MUCH HAS BEEN PUT ON ONE MAN AND THAT THE BOARD SHOULD RESUME THE RESPONSIBILITY OF REVEIWING APPLICATIONS AND APPROVING THEM. MAYOR FLOOD STATED THAT AS A MATTER OF FORMAL PROCEDURE, THE MOTION MADE IS OUT OF ORDER AT THIS TIME, SINCE THIS ITEM LISTED ON THE AGENDA FOR DISCUSSION ONLY. MOTION WITHDRAWN BY COUNCILMAN OBERBECK, SECOND WIHTDREW BY VICE MAYOR GASS. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, TO BRING THE MATTER OF THE BUILDING OFFICIAL ON THE FLOOR FOR ACTION. CARRIED. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, THAT WE WAIVE ANY ADMINISTRATIVE ACTION AGAINST ART MAYER OUR BUILDING OFFICIAL FOR THE ISSUANCE OF THE LICENSE TO MR. ADAMS. COUNCILMAN SCHUM WAS OF THE OPINION THAT ANY ADMINISTRATIVE ACTION BE WAIVED. MAYOR FLOOD STATED THAT HE WANTED IT TO BE MADE AS PART OF THE RECORD THAT PUBLIC HEARINGS WERE HELD REGARDING THIS SITUATION AND THAT THE CITY:WAS NOT COVERING ANYTHING UP. HE REMARKED THAT HE FELT IT WOULD BE BETTER TO KEEP IT LOW KEY UNTIL ALL THE FACTS AND FIGURES WERE BROUGHT IN AND REVIEWED SO THE SITUATION WOULD NOT GET BLOWN UP OUT OF PROPORTION, SINCE THIS IS A SMALL COMMUNITY. MAYOR FLOOD STATED THAT AS HEAD ADMINISTRATOR OF THE CITY, HE DID NOT FEEL HE SHOULD GO AHEAD AND MAKE THIS DECISION HIMSELF AND THAT HE APPRECIATED THE COUNCIL SUPPORT IN MAKING THIS DECISION AT AN OPEN MEETING. MAYOR FLOOD STATED THAT SINCE THIS ISSUE HAS BEEN BROUGHT TO THE FLOOR FOR ACTION AND THE COUNCIL HAS HAD THEIR DISCUSSION, THAT THE FLOOR WAS NOW OPEN TO THE PUBLIC FOR ANY COMMENTS. REGULAR COUNCIL MEETING - AUGUST 9, 1982 ED PALUCH, CHAIRMAN, SEBASTIAN CONSTRUCTION BOARD, STATED THAT AS A MATTER OF RECORD, THAT ANYONE HAVING A PROBLEM TO PLEASE BRING IT BEFORE THE CONSTRUCTION BOARD. MR. CLIFF LOVELL, CITY RESIDENT, COMMENDED ARTHUR MAYER FOR DOING A GOOD JOB THROUGHOUT THE COMMUNITY. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN SCHUM MAYOR FLOOD NONE CARRIED. ARTHUR MAYER, BUILDING OFFICIAL, THANKED THE COUNCIL FOR THEIR DESCISION AND STATED THAT SINCE HE BELONGS TO A NATIONAL ORGANIZATION CALLED "THE AMERICAN SOCIETY OF BUILDING AND CONSTRUCTION INSPECTORS" THAT HE FELT IS WAS HIS RESPONSIBILITY TO TAKE THE TEST TO SEE IF HE COULD CERTIFY AND WAS TOLD THAT HE HAD RECEIVED ONE OF THE HIGHEST GRADES. THE CITY CLERK READ A RESOLUTION VACATING, ABOLISHING, ABANDONING AND DISCONTINUING EASEMENT ON THE SOUTHWEST AND NORTHEAST LOT LINE OF LOT 14, BLOCK 186, UNIT 8, SEBASTIAN HIGHLANDS. (BALDANZA) (COR ZONING) MOTION BY COUNCILMAN OBERBECK, SECON/~BYVIC~R~A~ TO ADOPT THE RESOLUTION VACATING, ABOLISHING, ABANDONING A~YD~I~C(]NTINU_iNG~EA~E~T ON THE SOUTHWEST AND NORTHEAST LOT LINE OF LOT 14, BLOCK 186, UNI? 8.~-~EBASTIAN HIGH , H~D~. (BALDANZA)(COR ZONING) CARRIED. MOTION BY COUNCILMAN SCHUM, SECONDED,~VIC[ MAYOR GAS~,ITO PERMIT COUNCILMAN OBERBECK TO SERVE ALCOHOLIC BEVERAGES AT A D~ON_~ANCE,__TO' B~ELD AT THE SEBASTIAN COMMUNITY CENTER ON AUGUST 21, 1982. CARRIED. MOTION BY COUNCILMAN OBERBECK, SECONDED B~ SERVE ALCOHOLIC BEVERAGES AT A WEDDING 0 CENTER OF JANUARY 8, 1982. MOTION BY COUNCILMAN OBERBECK, SECONDED DECISION REGARDING THE BIKE PATH. GASS, TO PERMIT SUE STOKES TO BE HELD AT THE SEBASTIAN COMMUNITY CARRIED. GASS, TO BRING TO THE FLOOR A CARRIED. MOTION BY COUNCIL~ PLANS WITH AN BE ADVISED THAT ~ OPENS. MAYOR FLOOD ADJO~ .~BERB~K ,-~ONDE~_~ COU~ IST~E F~M~THE/C,U~B ~ K~H N~D~ TI~/CO~ .~: ~ ~IKE PATH N? ~RPORATION ~2 WHeN SCHOOL ARRIED. CITY CLERK MAYOR THESE MINUTES WERE APPROVED DURING THE COUNCIL MEETING OF SEPTEMBER 8, 1982.