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HomeMy WebLinkAbout09011982EMERGENCY COUNCIL MEETING SEPTEMBER i, 1982 EMERGENCY MEETING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 10:15 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. MAYOR PAT FLOOD ANNOUNCED THAT THIS EMERGENCY MEETING WAS CALLED TO TAKE A VOTE ON WHETHER OR NOT THE CITY COUNCIL IS GOING TO APPEAL OR GO AHEAD WITH JUDGE VOCELLE'S DECISION, REGARDING THE PROPOSED CHARTER CHANGE. ATTORNEY KILBRIDE STATED THAT THE COUNCIL HAS EXPRESSED STATEMENTS FORMANY MONTHS REGARDING THE VALIDITY AND INVALIDITY OF THE PROPOSED CHARTER ORDINANCE AND THAT WHEN IT WAS SATISFIED, THAT IT BE PREPARED FOR IMPLEMENTATION. HE REMARKED THAT HE FELT VALID ARGUMENT HAD BEEN PRESENTED TOTHE COURT AND THAT IT HAD BEEN CONSIDERED BY A HIGHLY QUALIFIED JUDGE AND AT THIS TIME IT WOULD BE UNNECESSARY TO APPEAL. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, THAT WE IMPLEMENT JUDGE VOCELLE'S ORDER. ROLL CALL VOTE: AYES: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILMAN SCHUM MAYOR FLOOD NAYS: NONE MOTION CARRIED. ATTORNEY KILBRIDE EXPLAINED THAT ANY CHANGES OR CLARIFICATION OF LANGUAGE PERTAINING TO THE CHARTER CHANGE WOULD HAVE TO BE DONE BY REFERENDUM VOTE AND THAT A REFERENDUM VOTE COULD BE INITIATED BY A PETITION CON- SISTING OF 10% OF THE REGISTERED VOTERF~_~R BY__ANORDINANOE PASSED BY THE CITY COUNCIL. HOUR WEEK. HE EXPLAINED THAT HE WILL ATTEND EIFF~RENT F~N~TIONS FOR THE CITY ON WEEKENDS AND WOULD NOT CONSIDER IT AS PART OF HIS 40 HOUR WORK ~EK 5'UT ~HkT AD£I~IONAL HOURS WORKED DURING THE WEEK, HE WOULD SINCE, THE CHARTER CHANGE REQUIRES A UNANIM~U_~"~OT~--O~TEH COUNCIL FOR ANY OUT OF CITY TRAVEL, MAYOR FLOOD ASKED WHETHER THE COUNCIL WANTED HIM 'T~ONTIN~1~ATTENDING THE COUNTY TRAFFIC CONTROL COMMITTEE MEETINGS IN VERO BEACH. ~ MOTION BY COUNCILMAN OBERBECK, SECONDED BY ~C_f~NC/L~A~ SCHUM, TO PERMIT MAYOR FLOOD TO ATTEND THE TRAFFIC CONTROL COMMITTEE MEETING, SEPTEMBER 14, 19.R~,/ ._~ ROLL CALL VOTE ( AYE~: VICE MAYOR ')~M __ MO~iT)N ~D MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN OBERBECK, TO PERMIT COUNCILMAN SCHUM TO ATTEND THE COUNTY PARKS AND RECREATION COMMITTEE MEETING, AT THE COUNTY ADMINISTRATION BUILDING. ROLL CALL VOTE: AYES: VICE MAYOR GASS COUNCILMAN OBERBEKC COUNCILMAN VOTAPKA COUNCILMAN SCHUM MAYOR FLOOD NAYS: NONE MOTION CARRIED. MAYOR FLOOD REMARKED THAT WHEN THE COUNCIL MEMBERS BEGIN TO RECEIVE $150.00 SALARY PER MONTH, AS PER THE PROPOSED CHARTER CHANGE, THAT SOCIAL SECURITY TAX WILL BE DEDUCTED. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN OBERBECK, TO EXTEND THIS MEETING UNTIL 10:45 P.M.. MOTION CARRIED. A BRIEF DISCUSSION FOLLOWED REGARDING WHO WOULD BE ATTENDING THE FLORIDA LEAGUE OF CITIES CONFERENCE TO BE HELD ON OCTOBER 28, 29 AND 30, 1982. MAYOR FLOOD RECOMMENDED THAT APPROVAL BE GIVEN TO THE ENTIRE COUNCIL TO ATTEND, SO EACH MEMBER WOULD BE COVERED IF THEY DECIDED TO ATTEND AT A LATER DATE. EMERGENCY COUNCIL MEETING - SEPTEMBER 1, 1982 MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN SCHUM, TO PERMIT THE ENTIRE COUNCIL TO ATTEND THE FLORIDA LEAGUE OF CITIES CONFERENCE TO BE HELD OCTOBER 28, 29 AND 30, 1982, IF THEY DESIRE TO GO. ROLL CALL VOTE: AYES: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILMAN SCHUM MAYOR FLOOD NAYS: NONE MOTION CARRIED. MEETING ADJOURNED: 10:45 P.M CITY CLER~ MAYOR MINUTES APPROVED BY CITY COUNCIL ON OCTOBER 13, 1982. PUBLIC HEARING - SEPTEMBER 1, 1982 PUBLIC HEARING CALLED TO ORDER BY MAYOR PAT FLOOD, JR.~ AT 7:00 P.M. PRESENT: VICE MAYOR EVERETT T. GASS, COUNCILMAN FRANK OBERBECK, COUNCILMAN GEORGE SCHUM, -'~ COUNCILMAN RICHARD VOTAPKA, CITY ATTORNEY DANIEL KILBRIDE AND MAYOR PAT FLOOD, JR. THE DEPUTY CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, AUGUST 22 AND 29, 1982, TO CONSIDER THE ADOPTION OF AN ORDINANCE AMENDING SEC. 23-29 OF THE CODE OF 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 DAT~. ATTORNEY KILBRIDE READ IN ITS ENTIRETY AN ORDINANCE AMENDING SEC. 23-29 OF THE CODE OF ORDINANCE 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 OPENING 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. ATTORNEY KILBRIDE EXPLAINED THAT THIS IS A NEW ORDINANCE CREATING A NEW SECTION AND THAT IT DOES NOT CHANGE THE REQUIREMENTS FOR DRIVEWAYS. HE STATED THAT THIS ORDINANCE WOULD MAINLY AFFECT UTILITY COM- PANIES WHO WOULD BE USING UNDERGROUND UTILITIES WHERE THE STREET WOULD BE CUT. DISCUSSION FOLLOWED REGARDING THE $1,500.00 SECURITY BOND REQUIRED FROM UTILITY COMPANIES AND INDIVIDUAL HOMEOWNERS WHO WISH TO INSTALL A DRIVEWAY WHERE A CURB CUT IS NEEDED. COUNCILMAN OBERBECK FELT INDIVIDUAL HOMEOWNERS SHOULD NOT BE REQUIRED TO ~HI~--S~ ~-A'~ET. MR. MASTELLER, CITY ENGINEER EXPLAINED THAT IT WAS HIS INTENT TO HAVE A DEPOS_-I~CH~DULE IN HOP~/ THAT IT WOULD URGE UTILITY COMPANIES TO USE THE BORE AND JACK METHOD WHENEVER POSSIBLE \ / IT WAS AGREEABLE THAT THE FOLLOWING CxH~S BE MADE TO T~E IORDINANCE; UNDER SEC. 23-29, "PERMIT REQUIRED" (a) DELETE REPAIR AND INCLUDE ANY SID~'k, t~%'P~B, ~dRB C~, SEC. 23-46,--STREET OPENINGS AND PAVEMENT CUTS, PERMIT REQUIRED",' INCLUDE THE WORD "BORE" TO FIRST SENTENCE. SEC. 23-58 "C" CITY SECURITY DEPOSIT SCHEDULE", DELETE CONCRETE SIDEWALK AND CON~ C~ ATTORNEY KILBRIDE STATED THAT HE WOULD MAK~ ~Hm AMENdmENTS AS DISCUSSED AND THAT HE WOULD HAVE THE ORDIN- ANCE PREPARED FOR ITS SECOND READING AT THE ~EXT RF~G~J~AR COUNCIL MEETING, SEPTEMBER 8, 1982. THERE BEING NO FURTHER DISCUSSION, PUBLIC ~--CL_~SED: 8:08 P.M. CITY CLERK PUBLIC HEARING SEPTEMBER 1, 1982 PUBLIC HEARING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 8:08 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. THE DEPTUTY CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, AUGUST 22, 29, 1982, TO CONSIDER THE ADOPTION OF AN ORDINANCE AMENDING SEC. 24-50, CODE OF ORDINANCES BY AUTHORIZING CITY ENGINEER TO INSPECT ALL PHASES OF NEW SUBDIVISION CONSTRUCTION; PROVIDING FOR IN- SPECTION FEES: PROVIDING SEVERABILITY CLAUSE AND EFFECTIVE DATE. THE DEPUTY CITY CLERK READ IN ITS ENTIRETY AN ORDINANCE AMENDING SEC. 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. THERE BEING NO FURTHER DISCUSSION, PUBLIC HEARING CLOSED: 8:11 P.M. CITY CLERK MAYOR MINUTES APPROVED BY CITY COUNCIL ON OCTOBER 13, 1982.