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HomeMy WebLinkAbout09161981REGULAR COUNCIL MEETING - SEPTEMBER 16, 1981 REGULAR COUNCIL MEETING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M. PRESENT: VICE MAYOR EVERETT T. GASS, COUNCILMAN RICHARD VOTAPKA, COUNCILWOMAN FLORENCE PHELAN, CITY ATTORNEY DANIEL KILBRIDE AND MAYOR PAT FLOOD, JR. ABSENT: COUNCILMAN FRANK OBERBECK ( ILLNESS IN FAMILY) MOTION BY COUNCILMAN VOTAPKA, SECONDED BY VICE MAYOR GASS, TO ACCEPT THE MINUTES FOR BiD OPENING 8/5, PUBLIC HEARING AND REGULAR COUNCIL MEETING 8/10, BID OPENING, PUBLIC HEARING AND REGULAR COUNCIL MEETING 8/19 AND SPECIAL MEETING 8/27 AS AMENDED. CARRIED. MAYOR FLOOD ANNOUNCED THAT THE BOARD OF COUNTY COMMISSIONERS WILL BE AT THE COMMUNITY CENTER OCTOBER 1, 1981 TO DISCUSS THE COMPREHENSIVE LAND USE PLAN FOR NORTH COUNTY. THE CITY CLERK ANNOUNCED THAT THE SEBASTIAN INLET TAXING DISTRICT WILL BE HOLDING A 1981 - 1982 BUDGET HEARING MEETING ON SEPTEMBER 28, 1981 IN CITY HALL, AT 7:30 P.M. ATTORNEY KILBRIDE READ FOR THE SECOND TIME, IN ITS ENTIRETY, AN ORDINANCE VACATING, ABOLISHING AND ABANDONING ANY OR ALL ALLEYS LOCATED ON, OVER OR BETWEEN LOTS 7 AND 8, HARDEE'S SUBDIVISION NO. B; BY REPEALING ORDINANCE NO. 148; PROVIDING AN EFFECTIVE DATE. (PALUCH) MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN VOTAPKA, TO ACCEPT THE SECOND READING IN ITS ENTIRETY OF AN ORDINANCE VACATING, ABOLISHING AND ABANDONING ANY OR ALL ALLEYS LOCATED ON, OVER OR BETWEEN LOTS 7 AND 8, HARDEE'S SUBDIVISION NO. B; BY REPEALING ORDINANCE NO. 148; PROVIDING ~F~C~--~---~TV / ROLL CALL VOTE: VICE GASS COUNC~N COUNCILWOMAN PHELAN MAYOR FLO0 i' NAYS: NONE ~ CARRIED. ATTORNEY KILBRIDE READ FOR THE THIR~ ~ND FINAL TIME BY TITLE ONLY AN ORDINANCE VACATING, ABOLISHING AND ABANDONING ANY OR ~LLE_~S LOCATED ON, OVER OR BETWEEN LOTS 7 AND 8, HARDEE'S SUBDIVISION NO. B; BY REPEALING ORDINANCE NO. 148; PROVIDING AN EFFECTIVE DATE. (PALUCH) READING BY TI~K~,ONL~OF A-N<OR~I~CE~V~ATi. VG, ABOLIUMV~G a~m ABANDONING A~Y OR ALL ROLL CALL VOTE: AYES: VICE MAYOR GASS COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NAYS: NONE CARRIED. ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE ANNEXING ALL OF LOTS 21,22,23,24, AND 25, LYING WEST OF THE WESTERLY RIGHT-OF-WAY OF U.S. HIGHWAY 1, LESS A PORTION OF LOT 25, AND ALL OF BLOCKS 53,54,55,56,57,58,59,60,61,62, AND 64 LYING EAST OF THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILROAD, ALL IN WAUREGAN SUBDIVISION; LYING AND BEING IN SECTION 30 OF THE FLEMING GRANT, TOWNSHIP 30 SOUTH, RANGE 38 EAST. (SCHLITT-MOORE) MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN VOTAPKA, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE ANNEXING ALL OF LOTS 21,22,23,24 AND 25, LYING WEST OF THE WEST- ERLY RIGHT-OF-WAY OF U.S. HIGHWAY 1, LESS A PORTION OF LOT 25, AND ALL OF BLOCKS 53,54,55, 56,57,58,59,60,61,62 AND 64, LYING EAST OF THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILROAD, ALL IN WAUREGAN SUBDIVISION;LYING AND BEING IN SECTION 30 OF THE FLEMING GRANT, TOWNSHIP 30 SOUTH, RANGE 38 EAST. (SCHLITT-MOORE) ROLL CALL VOTE: A YES: NAYS: VICE MAYOR GASS COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. MAYOR FLOOD ANNOUNCED THAT A PUBLIC HEARING WOULD BE SET FOR OCTOBER 12, 1981 ON THE SCHLITT-MOORE ANNEXATION. REGULAR COUNCIL MEETING - SPETEMBER 16, 1981 MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILWOMAN PHELAN, TO REJECT THE SUBSCRIPTION FOR ADVERTISING IN THE FISH FINDER MAGAZINE_BECUASE OF THE SIZABLE EXPENSE INVOLV~k.~ii~L CARRIED. VICE MAYOR GASS ANNOUNCED THAT THERE WOULD BE A MEETING FRIDAY, SEPTEMBER 18, 1981 IN CITY HALL, TO DISCUSS THE CHANGES FOR THE OCCUPATIONAL LICENSES. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN VOTAPKA, TO TABLE THE 30 DAY EXTENSION FOR OCCUPATIONAL LICENSES UNTIL THE NEXT REGULAR COUNCIL MEETING, SEPTEMBER 23, 1981. CARRIED. AUTHUR MAYER, BUILDING OFFICIAL REPORTED 28 SINGLE FAMILY DWELLING PERMITS WERE ISSUED WITH A TOTAL AMOUNT OF $6,065.45 COLLECTED IN FEES FOR THE MONTH OF AUGUST. VICE MAYOR GASS REPORTED THAT HE WILL BE MEETZNG WITH FLORIDA POWER AND LIGHT NEXT WEEK TO DETERMINE THE AMOUNT OF LIGHTS THAT WILL BE NEEDED AND IF THEY WILL BE AVAILABLE. HE ALSO REPORTED THAT HE HOPED TO INSTALL THE LIGHTS IN SECTIONS OF THE CITY AS THEY BECOME AVAILABLE. COUNCILMAN VOTAPKA REPORTED THAT THE CIVIL DEFENSE HAD MET ON AUGUST 17, 1981 FOR THE PURPOSE OF GATHERING INPUT FROM THE INDIAN RIVER COUNTY CIVIL DEFENSE DEPARTMENT, RED CROSS, SEBASTIAN POLICE DEPARTMENT, SEBASITAN VOLUNTEER AMBULANCE AND FIRE DEPARTMENT TO DEVELOP A DISASTER PREPAREDNESS PLAN FOR SEBASTIAN AND THAT HE IS CURRENTLY WORKING ON THE FIRST DRAFT OF THE PLAN. COUNCILMAN VOTAPKA REPORTED TH/wA~T~ P~O~ UNITS~ ~ HAVE BEEN RECEIVED FROM CIVIL DEFENSE AND THAT THEY HAVE BEEN PLAC~D~ THE ~_OLI,.~E\~P~RTMENT AND THE FIRE DEPARTMENT HEAD- QUaRtERS. HE ALSO REPORTED THA~-3TFE ARCHITE~~~. AL DEVELOPMENT THEME COMMITTEE MET ON AUGUST 24, 1981 FOR PUBLIC RESPONSE AND TO E~ .IN THE PURPOSE OF FORMING THIS COMMITTEE. ANOTHER MEETING WILL POSSIBLY B~SCHEDULED FO. THE END OF THE MONTH TO TRY AND FORM VARIOUS SUB COMMITTEES WITHI~,~ CO.~MI~TEE.__ __ COUNCILMAN VOTPAKA REPORTED THAT THE CEMETERY COMMITTEE MET ON SEPTEMBER 2, 1981 AND DISCUSSED THE LETTER THAT HE HAD W~E~THE SEBASTIAN CEMETERY ASSOCIATION REGARDING AND DISCUSSED RAISING THE PRICES OF ~HE L~S. COUNCILWOMAN PHELAN REPORTED THAT ,S~ ~AD[BEEN WORKING WITH THE BUILDING OFFICIAL REGARDS TO THE SIGN ORDINANCES AND~T ~EY HAD COME UP WITH CONFLICTING STATEMENTS IN THE ORDINANCES. COUNCILWOMAN PHELAN INDICATED THAT SHE WANTED TO CONCENTRATE ON THE ELECTION SIGNS~T THIS T~SIN~ THE~WA~H~G I~HE~NANCE PERTIANING TO THESE TYPES OF SIGNf~H¢~S~ ~IC~ T~ ~H¢ W~TZD T$ ~MPLE~ IT SO IT COULD BE BROUGHT _ _ JOSEPH LANCASTER RECOMMENDED TO THE COUNCIL THAT THEY LOOK INTO THE CITY CHARGES THAT ARE BEING MADE FOR EASEMENTS, ANNEXATIONS, ZONING FEES AND ELECTION FEES. HE SUGGESTED THAT THERE SHOULD BE AN INCREASE IN THESE CITY CHARGES. MAYOR FLOOD REQUESTED THAT JOSEPH LANCASTER PREPARE A REPORT AND DISTRIBUTE IT TO THE COUNCIL MEMBERS BY THE NEXT REGULAR COUNCIL MEETING, SEPTEMBER 23~ 1981, SO THEY COULD REVIEW IT ALONG WITH THE OCCUPATIONAL LICENSES. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILWOMAN PHELAN, TO REAPPOINT BETTY BOCK TO THE PLANNING AND ZONING COMMISSION. CARRIED. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN VOTAPKA, TO APPOINT MR. FRNAK DEJOIA TO THE AIRPORT COMMITTEE. CARRIED. MAYOR FLOOD REPORTED THAT THE SEBASTIAN JUNIOR WOMEN'S CLUB WANTED TO KNOW IF THE COUNCIL WOULD GIVE THEM APPROVAL TO HOUSE A LIBRARY AND MUSEUM IN THE CITY HALL BUILDING AFTER IT IS VA CA TED. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY VICE MAYOR GASS, THAT APPROVAL BE GIVEN TO THE LIBRARY ASSOCIATION THAT AFTER THE CITY HAS VACATED THE PREMISES AND HAS MOVED TO THE SEBASTIAN ELEMENTARY SCHOOL, THAT THE CITY HALL BE USED AS A LIBRARY AND HISTORICAL MUSEUM. AFTER A LENGTHY DISCUSSION AS TO THE CORRECT WORDING OF THE MOTION, COUNCILMAN VOTAPKA WITHDREW HIS MOTION AND VICE MAYOR GASS WITHDREW HIS SECOND AND THE MOTION WAS AMENDED. REGULAR COUNCIL MEETING - SPETEMBER 16, 1981 MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN VOTAPKA, TO ALLOW THE SEBASTIAN JUNIOR WOMEN'S CLUB PRIORITY TO ESTABLISH A PUBLIC LIBRARY AND A HISTORICAL MUSEUM ON THE PRE- MISES THAT IS NOW OCCUPIED BY THE CiTY AT SUCH TIME THEY VACATE THESE PREMISES. ROLL CALL VOTE: A YES: NAYS: ~. VICE MAYOR GASS COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY VICE MAYOR GASS, THAT $4,500.00 BE APPROVED FOR THE DRAINAGE IMPROVEMENTS AT THE SEBASTIAN GOLF COURSE. CARRIED. MAYOR FLOOD REPORTED THAT $125,000.00 WAS ORIGINALLY ALLOCATED FOR THE CLUB HOUSE AT THE SEBASTIAN GOLF COURSE. THE GOLF COURSE COMMITTEE DECIDED TO CONDENSE THE ARCHITECTURAL CLUB HOUSE PLANS AND PRESENTED TO THE COUNCIL FOR APPROVAL A CONDENSED FLOOR PLAN. BY CONDENSING THE ORIGINAL DRAWING AND HAVING THE CITY ACT AS ITS OWN GENERAL CONTRACTOR, IT WAS ESTIMATED THAT THE TOTAL COST OF THE CLUB HOUSE WOULD BE APPROXIMATELY $75,000.00. MAYOR FLOOD STATED THAT ART MAYER WOULD OVERSEE CONSTRUCTION AND BY THE CITY ACTING AS ITS BASIS. MAYOR FLOOD STATED THAT HE D~jT F___EELIT WA~NECESSARY TO HIRE A ARCHITECT AND THAT A FRIEND OF HIS WHO IS A STRUCTURAL ENGINEER HAD OFFERED TO HELP THE CITY WITH THIS PROJECT AND THAT THE BUILDING WOULD HAVE AN ARCHITECT OR ENGINEERS SEAL ON IT. COUNCILMAN VOTAPKA STATED THAT HE DrD WOTIBELIEVE__ THAT THE CODE OF,ETHICS ALLOWED A REG- ISTERED ARCHITECT TO OFFER CUT RAgE BR ~-E~OR DONATE TIME TO A NON CHARITABLE OR PROFIT- ABLE ORGANIZATION. r MAYOR FLOOD STATED THAT HE WANTED ~-.-uO RECORD AS SAYING THAT IT IS PATHETIC WHEN A GROUP OF PEOPLE CANNOT GIVE SOMETHING TO A COMMUNITY OR TO SOMEONE WITHOUT SAYING THAT MOTION BY VIO~ ~AYOR ~AS*,U~CO~ By ~OUNCZL¥OM~N P~N, T~ ~PPROVE EXPENDITURES OF AFTER A L~NG ~,~__..~ZS~ZO~_f_3,~ E~s ~T ~.Sg,~ED ~__~AT__~H~__~OV_~O~_ma2E ONL~ ALLOCATED THE MONEY FOR THE BUZLDZNG AND THAT A MOTION TO GO AHEAD WITH THE CONSTRUCTION O~ THE CLUB HOUSE WAS NOT ESTABLISHED. MOTION BY COUNCILMAN VOTAPKA, THAT HE WOULD AMEND THE MOTION TO READ THAT THE CITY ENGAGE A FLORIDA REGISTERED ARCHITECT OR ENGINEER TO PROVIDE THE DESIGN PLAN A.AK.D SPECIFICATIONS. MOTION DIED FOR LACK OF A SECOND. ROLL CALL VOTE: A YES: NAYS: VICE MAYOR GASS COUNCILWOMAN PHELAN MAYOR FLOOD COUNCILMAN VOTAPKA CARRIED. MOTION BY VICE MAYOR GASS, TO GIVE THE GOLF COURSE COMMITTEE THE AUTHORITY TO GO AHEAD AND ERECT THE CLUB HOUSE. MOTION DiED FOR LACK OF A SECOND. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILWOMAN PHELAN, THAT THE CITY ENGAGE A FLORIDA REGISTERED ARCHITECT OR AN ENGINEER TO PROVIDE THE DESIGN PLAN AND SPECIFICATIONS FOR THE GOLF COURSE BEFORE WE PROCEED ON THE CONSTRUCTION. ROLL CALL VOTE: AYES: COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN NAYS: VICE MAYOR GASS MAYOR FLOOD MOTION NOT CARRIED, BECUASE THREE (3) VOTES ARE NEEDED TO CARRY A MOTION. REGULAR COUNCIL MEETING - SEPTEMBER 16, 1981 ATTORNEY KILBRIDE REPORTED THAT HE DID NOT HAVE THE RESOLUTION PERTAINING TO THE INDIAN RIVER COUNTY ROAD PRIORITY COMMITTEE. HE INDICATED THAT THE RESOLUTION COULD EITHER BE READ AT THE NEXT REGULAR COUNCIL MEETING OR HE WOULD SUPPLY MAYOR FLOOD WITH A COPY FOR HIS SIGNATURE. MAYOR FLOOD STATED THAT HE WOULD SIGN THE RESOLUTION AND THAT IT WOULD BE A MATTER OF RE- CORD. MAYOR FLOOD REPORTED THAT THE COUNTY WOULD BE MEETING IN ABOUT 2 WEEKS REGARDING THE INDIAN RIVER COUNTY ROAD PRIORITY COMMITTEE AND SUGGESTED THAT SOMEONE SHOULD BE APPOINTED TO ACT AS A REPRESENTATIVE FOR THE CITY OF SEBASTIAN. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILWOMAN PHELAN, THAT MAYOR FLOOD BE APPOINT- ED THE DESIGNEE TO GO DOWN TO THE COUNTY AND REPRESENT THE CITY OF SEBASTIAN ON A FACT FINDING COMMITTEE TO ESTABLISH A ROAD PRIORITY COMMITTEE WITHIN THE COUNTY. CARRIED. MAYOR FLOOD REPORTED THAT THE CONSUMER AFFAIR SERVICE REPRESENTATIVE WAS NOT PRESENT BUT HE WOULD HAVE A REPORT AT THE NEXT REGULAR COUNCIL MEETING, SEPTEMBER 23, 1981. ATTORNEY KILBRIDE REPORTED THAT HE WAS IN THE PROCESS OF OBTAINING INFORMATION FROM THE STATE REGARDING WHAT AUTHORITY THE SEBASTIAN LOCAL CONSTRUCTION BOARD HAS AS FAR AS REGULATING STATE CERTIFIED CONTRACTORS WORKING IN THE CITY OF SEBASTIAN, HE STATED THAT HE WOULD REPORT BACK TO THE COUNCIL AT THE NEXT REGULAR COUNCIL MEETING, SEPTEMBER 23,1981. MAYOR FLOOD STATED THAT HE HAD $15,000.00 TO $20,000.00 IN CHECKS TO SUB-CONTRACTORS THAT HAVE BOUNCED AND BILL FROM MATERIAL COMPANIES TOTALING UP TO $200,000.00 AND THAT THE CITY WILL BE TAKING STEPS TO ~E~ ~---~R~PPENING. MAYOR FLOOD STATED THAT HE WANTED TO GO ON RE~O~D AS SAYING THAT THE CITY OF SEBASTIAN WILL TAKE EVERY STEP POSSIBLE A~ IF IT IS NO~ ICOMPLYING WITH THE FLORIDA STATUTES THE CONTRACTOR WILL HAVE TO TAKE kTF~E]C~TY TO COURt.I HE ALSO STATED THAT THE CITY WILL NOT TOLERATE ANY MORE OF THE CONT~TO~ RI~ING ~F THE GENERAL PUBLIC AND THAT IT WILL BE STOPPED AS SOON AS POSSIBLE WITH ANY METHOD THAT IS NECESSARY TO STOP IT. MAYOR FLOOD STATED THAT THIS WAS AN ADMINISTRA~ ~ THAT WILL STAND AND UNTIL THE COUNCIL OVER RIDES THIS ORDER, THIS IS WHAT HE ~W~L' INDUCT ARTHUR MAYER TO DO. MR. MIKE BRABHAM, REPRESENTATIVE, LEUA~f ~NSTRUCTION COMPANY, STATED THAT THERE WERE TWO NEWSPAPER ARTICLES THAT NAMED~ ~ ~ --S~TqER~ BUILDERS AND THAT THiS WAS VERY MISLEADING ESPECIALLY TO NEW PEOPLE COMING I~H~REA. HE FELT THAT NAMES OF SPECIFIC BUILDERS SHOULD BE NAMED TO HELP PROTECT THE REPUTABLE BUILDERS FROM SOUTH FLORIDA NOW BUILDING IN THE CITY. COUNCILMAN V~ M~TI~TH~H~S PRQBLE~ W~ROU~TO THE COUNCIL S ATTENTION THEY WERE NOT~THE P~SI~I~ ~01~~ 0~ rm PARTF~R~THAT THE NEWS MEDIA HAD USED THE NAM~THEL BT~R~ ~ ~TNERALIZE- / ~ ~ ~ MOTION BY COU~MA~T~, ~C~ED~ CO~CIL~M~ P~L~,~HAT THE FIRST BUDGET HEARING BE ESTABLISHED FOR WEDNESDAY, OCTOBER 28, 1981 AT 7:00 P.M. CARRIED. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN VOTAPKA, TO ESTABLISH THE MILLAGE AT 6.3 MILLS. CARRIED. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN VOTAPKA, TO SCHEDULE THE SECOND BUDGET HEARING FOR WEDNESDAY, NOVEMBER 4, 1981, AT 7:00 P.M. CARRIED. ATTORNEY KILBRIDE RECOMMENDED TO THE COUNCIL THAT THEY CONSIDER ADOPTING AN INTERIM BUDGET IN ORDER TO CONTINUE THE CITY BUDGET TO OPERATE ON LAST YEARS FIGURES UNTIL THE NEW FIGURE~ ARE ADOPTED. MAYOR FLOOD RECOMMENDED THAT THE RESOLUTION BE ADVERTISED AND TO BE MADE AN AGENDA ITEM FO~ WEDNESDAY, SEPTEMBER 23, 1981. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILWOMAN PHELAN, TO CARRY THE RESOLUTION OF THE INTERIM BUDGET TO THE NEXT REGULAR COUNCIL MEETING, SEPTEMBER 23, 1981. CARRIED. MAYOR FLOOD STATED THAT THE JONES INTERCABLE AGREEMENT WOULD BE AN AGENDA ITEM FOR THE REGULAR COUNCIL MEETING, SEPTEMBER 23, 1981. ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE FOR THE CITY OF SEBASTIAN CREATING ARTICLE X, OF CHAPTER 7, OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN ESTABLISHING THE SEBASTIAN CODE ENFORCEMENT BOARD; PROVIDING FOR DEFINITIONS; GRANTING JURISDICTION; PROVIDING FOR ORGANIZATION, QUORUM, COMPENSATION LEGAL COUNSEL, CLERK, AND RULES AND REGULATIONS; PROVIDING FOR COMPENSATION OF MEMBERS; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR FORMAL HEARING; PROVIDING FOR FINES; PROVIDING FOR HEARING PROCEDURES; PROVIDING FOR ENFORCEMENT ORDERS; PROVIDING FOR SUBPOENA POWERS; PROUD ING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. REGULAR COUNCIL MEETING - SEPTEMBER 16, 1981 MOTION BY VICE MAYOR SASS, SECONDED BY COUNCILMAN VOTAPKA, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE OF THE CITY OF SEBASTIAN CREATING ARTICLE X, OF CHAPTER 7, OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN ESTABLISHING THE SEBASTIAN CODE EN- FORCEMENT BOARD; PROVIDING FOR DEFINITIONS; GRANTING JURISDICTION; PROVIDING FOR ORGAN- IZATION, QUORUM, COMPENSATION, LEGAL COUNSEL, CLERK, AND RULES AND REGULATIONS; PROVIDING' FOR COMPENSATION OF MEMBERS; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR ENFORCE- MENT ORDERS; PROVIDING FOR SUBPOENA POWERS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR EFFECTIVE DATE. ROLL CALL VOTE: A YES: NAYS: VICE MAYOR SASS COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. MAYOR FLOOD REQUESTED THAT THE ORDINANCE ESTABLISHING THE CODE ENFORCEMENT BOARD BE SET FOR A PUBLIC HEARING PRIOR TO THE REGULAR WORKSHOP MEETING, OCTOBER 7, 1981. THE CITY CLERK READ A LETTER FROM MR. MILLER REQUESTING PERMISSION FROM THE CITY COUNCIL TO TEMPORARILY PARK A TRAILER ON LOT 19, BLOCK 499, SEBASTIAN HIGHLANDS WHILE CONSTRUCTING HIS HOME. MOTION BY VICE MAYOR SASS, SECONDED BY COUNCILMAN VOTAPKA, TO PERMIT MR. MILLER TO TEMPOR- HOME.ARILY PARK A TRAILER ON LOT ~LO-~-~ ~ S~-~-~IAN HIGHLANDS, WHILE CONSTRUCTING HIS CARRIED. MOTION BY VICE MAYOR SASS, $£CO~ED BY COUNCIlmAN VOTAPKA, TO PERMIT MRS. OSTROWSKI TO SERVE ALCOHOLIC' BEVERAGES AT ~A~W~DDING .~ECEPT~qN TO BE HELD AT THE SEBASTIAN COMMUNITY CENTER ON SEPTEMBER 26, 1981.~ ~ -- ~ CARRIED. MOTION BY VICE MAYOR SASS, SECONDE~L-B~ CI~ILWOMAN PHELAN, TO PERMIT MRS. TOUSSAINT TO SERVE ALCOHOLIC BEVERAGES AT A WE~Di-N~ ~E~,RSAL PARTY TO BE HELD AT THE SEBASTIAN YACH~ / CLUB ON OCTOBER 2, 1981. ~ CARRIED~ MOTION BY VICE MAYOR SASS, SECONdeD O NCILMAN VOTAP A, TO PERMIT ONES INTERCABLE TO SERVE ALCOHOLIC BEVERAGES A CO E ARTY TO BE HELD AT COMMUNITY CEN ER CLUB TO SERVE'~tJ,~OHQJ. J-~ ~;~'RAG-HS ~AJF "A-.~ARD ~RT~T~BE~E~ ~ THE SEBASTIAN COMMUNITY CENTER ON DECEMBER 10, 1981. CARRrED. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILWOMAN PHELAN, TO BRING DR. FISCHER TO THE FLOOR REGARDING ROSTAND ACRES. CARRIED. DR. FISCHER PRESENTED TO THE COUNCIL THE SUB-DIVISION PLAT OF ROSELAND ACRES SUB-DIVISION FOR FINAL APPROVAL. THE CITY CLERK READ A LETTER FROM THE PLANNING AND ZONING BOARD INDICATING THAT THEY HAD APPROVED THE PLAT PLAN WITH THE FOLLOWING RECOMMENDATION: THAT THE SHELL MARL PRIVATE ROAD WHICH IS APPROXIMATELY 600 FEET LONG WOULD HAVE TO BE PUT IN THE OWNERS DEED FOR LOTS 2, 3, 4 AND 5 AND THAT iT WOULD BE THE OWNERS RESPONSIBILITY FOR THE MAINTENANCE OF THE ROAD BEING THE ROAD DOES NOT COMPLY WITH THE CITY ORDINANCE FOR ROAD SPECIFICATIONS. THE CITY CLERK READ A LETTER FROM DR. FISCHER COMPLYING WITH THE PLANNING AND ZONING BOARD INDICATING THAT LOTS 2, 3, 4 AND 5, ROSELAND ACRES, SEBASTIAN, FLORIDA, WILL HAVE A 20 FOOT EASEMENT DEED RECORDED AND THAT LOT?~OWNERS 2 THROUGH 5 WILL HAVE EASEMENT AND MAINTAI~?'THE 10 FOOT LIME ROCK ROAD OVER THE EASEMENT. HE ALSO STATED THAT THE EASEMENT AND MAINTENANCE OF THE PROPERTY OWNERS WOULD BE RECORDED AND CONVEYED WITH DEED FOR EACH' LOT. COUNCILMAN VOTAPKA STATED THAT HE WANTED TO REVIEW THE PLANS AGAINST THE CITY S'UB~DIVISION PLAN FOR ROSELAND ACRES TO THE NEXT REGULAR COUNCIL MEETING, SEPTEMBER 23~ 1981. CARRIED. MAYOR FLOOD ANNOUNCED THAT PUBLIC HEARING FOR THE REVENUE SHARING BUDGET WOULD BE SET UP FOR SEPTEMBER 23, 1981, PRIOR TO THE REGULAR COUNCIL MEETING. THE CITY CLERK READ A LETTER FROM MR. DICK SZELUGA, CHAIRMAN, FOURTH OF JULY COMMITTEE. HE THANKED THE CITY FOR THEIR SUPPORT IN THE 1981 FOURTH OF JULY FESTIVAL AND ASKED THE COUNCIL TO RE-APPOINT FRANK OBERBECK OR ANOTHER INDIVIDUAL TO CONTINUE AS LIAISON BETWEEN THE COMMITTEE AND THE CITY AND THAT HE WANTED ALL FOURTH OF JULY CORRESPONDENCE MAILED DIRECTLY TO HIM. MAYOR FLOOD STATED THAT SINCE THE FOURTH OF JULY COMMITTEE WILL BE MAINTAINED AS A CITY FUNCTION ALL MAIL WILL COME THROUGH CITY HALL AND THAT ALL PREVIOUS FOURTH OF JULY RECORDS SHOULD BE RETURNED BY MR. SZELUGA AND THAT COPIES WILL BE MADE AVAILBALE TO HIM. REGULAR COUNCIL MEETING - SEPTEMBER 16, 1981 MAYOR FLOOD INSTRUCTED COUNCILWOMAN PHELAN TO WRITE UP SOME GUIDELINES FOR THE COMMITTEE AND THE CITY TO FOLLOW AS FAR AS ARRANGING THE FOURTH OF JULY FESTIVAL. MAYOR FLOOD REPORTED THAT THE CITY IS HAVING A PROBLEM WITH SOUTHERN BELL AND THEIR SUB- CONTRACTOR DISTRUBING SWALES IN THE CITY WITH THEIR EQUIPMENT. HE STATED THAT THE CITY HAS BEEN GOING BACK AND REDRESSING THE SWALES AT THEIR OWN EXPENSE. HE RECOMMENDED THAT THE CITY STOP SOUTHERN BELL FROM RUNNING CABLE UNTIL SOME AREAS ARE TAKEN CARE OF AND THAT IT WAS THE RESPONSIBILITY OF THE UTILITY COMPANY TO RETURN THE GROUND BACK TO ITS NORMAL STATE. MR. ENGLAND, CONSTRUCTION MANAGER, SOUTHERN BELL STATED THAT HE IS AWARE OF THE PROBLEM AND HE IS TAKING EVERY STEP TO ELIMINATE THESE PROBLEMS. HE ASSURED THE CITY THAT IF HE IS CONTACTED OR THE ENGINEERING DEPARTMENT THAT THE PROBLEM WILL BE INVESTIGATED AND ~ CORRECTED AT THEIR EXPENSE. HE STATED THAT SOUTHERN BELL BEING. A PUBLIC UTILITY CANNOT AFFORD TO HAVE ADVERSE PUBLICITY. ARTHUR MAYER REPORTED THAT A FOURTH OF JULY COMMITTEE MEETING WILL BE HELD ON SEPTEMBER 17, 1981 AT THE CHAMBER OF COMMERCE AND MAYBE SOMEONE FROM THE CITY SHOULD BE PRESENT. COUNCILWOMAN PHELAN STATED THAT THERE WERE NUMEROUS CARS PARKED AT THE ENTRANCE OF THE TWIN LAKE AREA. MAYOR FLOOD STATED THAT HE WOULD CHECK INTO THE SITUATION FURTHER. MEETING ADJOURNED AT 10:35 P.M. CITY CLERK