Loading...
HomeMy WebLinkAbout09211981PUBLIC HEARING - SEPTEMBER 23, 1981 PUBT, 1XI HEAR~N~cCALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M. PRESENT: VICE MAYOR EVERETT T. GASS, COUNCILMAN FRANK OBERBECK, COUNCILMAN RICHARD VOTAPKA, COUNCILWOMAN PHELAN, CITY ATTORNEY DANIEL KILBRIDE AND MAYOR PAT FLOOD, JR. THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, SEPTEMBER 13, 1981, FOR THE PURPOSE OF THE DISCUSSION OF THE PROPOSED FEDERAL REVENUE SHARING BUDGET, 1981 - 1982. PUBLIC HEARING ADJOURNED AT 7:05 P.M. CITY CLERK MAYOR PUBLIC HEARING - SEPTEMBER 23, 1981 PUBLIC HEARING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:05 P.M. PRESENT: VICE MAYOR EVERETT T. GASS, COUNCILMAN FRANK OBERBECK, COUNCILMAN RICHARD VOTAPKA, COUNCILWOMAN FLORENCE PHELAN, CITY ATTORNEY DANIEL KILBRIDE AND MAYOR PAT FLOOD, JR. THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, SEPTEMBER 20, 1981, TO CONSIDER THE ADOPTION OF A RESOLUTION AND ESTABLISH- MAYOR FLOOD STATED THAT PUBLIC~ARINGS WILL ~ SCHEDULED FOR OCTOBER 28, 1981 AND PUBLIC HEARING ADJOURNED AT 7:10 P.M. CITY CLERK ~ . .YOR REGULAR COUNCIL MEETING - SEPTEMBER 23 PRESENT: VIC ORF 'E TITt..mqS, VOTAPKA, I PAT FLOOD, JR MAYOR FLOOD ANNOUNCED THAT THERE WOULD BE A VARIANCE BOARD MEETING, THURSDAY, SEPTEMBER 24, 1981, AT 7:00 P.M., TO CONSIDER THE COMPLAINTS OF MR. SDEBEL AND MR. BLOUIN. MAYOR FLOOD ANNOUNCED THAT THERE WOULD BE A WORKSHOP MEETING, OCTOBER 1, 1981, AT THE SEBASTIAN COMMUNITY CENTER, 7:00 P.M., REGARDING THE COMPREHENSIVE LAND USE PLAN FOR THE NORTH COUNTY. HE MENTIONED THAT MR. NEIL NELSON, COUNTY ADMINISTRATOR AND THE PLANNING DEPARTMENT WILL BE PRESENT AND ASKED THAT THE PUBLIC TRY TO ATTEND. MAYOR FLOOD REPORTED THAT HE AND COUNCILMAN VOTAPKA MET WITH THE DEPARTMENT OF TRANSPOR- TATION, REGARDING THE REMOVAL OF THE HILL ON STATE ROAD 512. THE DEPARTMENT OF TRANSPOR- TATION INDICATED THAT THEY WILL BE REMOVING 5 FEET OFF THE TOP OF THE HILL, EXTEND THE ELEVATION BY THE RAILROAD AND EXTEND THE APPROACH TO THE HILL TO ELIMINATE A STEEP INCLINE · MAYOR FLOOD REPORTED THAT TWO BARRICADES WILL BE SET UP TO DETOUR TRAFFIC DURING THE RE- CONSTRUCTION OF THE HILL ON STATE ROAD 512. ONE BARRICADE WILL BE SET UP TO THE EAST OF STATE ROAD 510 AND THE OTHER EAST OF LOUISIANA AVENUE. OUT OF TOWN TRAFFIC FROM 1-95 WILL BE DETOURED OVER STATE ROAD 510. COUNCILMAN VOTAPKA REPORTED THAT THE TOTAL DURATION OF THE PROJECT WILL BE APPROXIMATELY 60 DAYS. MAYOR FLOOD REPORTED THAT A ROAD NEEDS TO BE CUT FROM BEHIND THE NEW SEBASTIAN ELEMENTARY SCHOOL AND IT IS THE CITY'S RESPONSIBILITY TO EXPEND MONEY FOR 1200 FEET OF IT. MR. JAMES D. CARRAWAY , PROGRAM DIRECTOR, HERITAGE HELATH CORPORATION HEALTH CORPORATION, EXPLAINED THAT SEBASTIAN RIVER MEDICAL CENTER NOW OFFERS THREE NEW PROGRAMS FOR THE CHEMICALLY DEPENDENT. THE CITY CLERK READ IN ITS ENTIRETY THE PROPOSED FEDERAL REVENUE SHARING BUDGER FOR 1981 - 1982. REGULAR COUNCIL MEETING - SEPTEMBER 23, 1981 MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN VOTAPKA, TO ADOPT THE PROPOSED FEDERAL REVENUE SHARING BUDGET FOR 1981 - 1982. IN THE AMOUNT OF $62,146.00 ROLL CALL VOTE: AYES: NAYS: ViCE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. THE CITY CLERK READ BY TITLE ONLY, A RESOLUTION PROVIDING AND ESTABLISHING AN INTERIM BUDGET FOR THE CITY OF SEBASTIAN FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1981 AND ENDING SEPTEMBER 30, 1982. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, TO ADOPT THE RESOLUTION FOR THE INTERIM BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1981 AND ENDING SEPTEMBER 30, 1982. ROLL CALL VOTE: AYES: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILW_~MAN PHEIAN MAYO.~ FLOOD NAYS: [-~ NONE CARRIED. AFTER REVIEWING THE COUNCIL MEETING OF SEPTEMBER 16, 1981, REGARDING THE CLUB HOUSE AT THE GOLF COURSE, COUNCILMAN VOTAPK/A~A~HAT HE HAD WRITTEN A LETTER TO THE DEPARTMENT OF PROFESSIONAL REGULATION AND THE TWDIAN~IVER CHAPTER OF AMERICAN INSTITUTE OF ARCHITECTS TO CLARIFY SOME ARCHITECTURAL ~GALiTITES. COUNCILMAN VOTAPKA REPORTED THAT H~E%.~'~AD G~TTEN A REPLY TO HIS QUESTIONS AND THEY WERE AS FOLLOWS: _J NO, IT WAS NOT LEGAL FOR THE CITY BUILDING INSPECTOR TO DESIGN A PUBLIC FACILITY WITHOUT THE IMMEDIATE SUPERVISION OF A FLORIDA REGISTERED ARCHITECT ASSIGNED FOR DOING SO. AN ARCHITECT WOULD HAVE TO PREPARE PLANS AND SPECIFICATIONS FOR A BUILDING OF THIS TYPE AND IT ~ULD BE OUT OF AN ENGINEERS DISCIPLINE. ATTORNEY KILBRIDE REPORTED THAT AS FAR AS THE LAW. IT HAS ALWAYS BEEN A GRAY AREA AS FAR AS THE RESPONSIB'ILITY OF ARCHITECTS OR ENGINEERS. HE INDICATED THAT THE BUILDING AT THE GOLF COURSE IS A ONE STORY BUILDING VERY SIMILAR TO A LARGE HOUSE AND THE BASIC EXTERNAL DESIGN IS PRETTY WELL SET AND THAT IT DiD NOT COME UNDER THE EXPERTISE OF EITHER AN ARCHITECT OR ENGINEER. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNILWOMAN PHELAN, THAT THE CITY ENGAGE A FLORIDA REGISTERED ARCHITECT TO PROVIDE THE DESIGN PLANS AND SPECIFICATIONS FOR THE GOLF COURSE CLUB HOUSE. ROLL CALL VOTE: AYES: NAYS: COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN VICE MAYOR GASS COUNCILMAN OBERBECK MAYOR FLOOD MOTION FAILED. MOTION BY COUNCILMAN OBERBECK, THAT THE CITY ENGAGE A FLORIDA REGISTERED ARCHITECT OR ENGINEER TO PROCEED WITH THE PLANS AND THE WORKING DRAWINGS OF THE CLUB HOUSE BUILDING OUT AT THE GOLF COURSE. AFTER A DISCUSSION REGARDING THE MOTION, COUNCILMAN OBERBECK AMENDED HIS MOTION. REGULAR COUNCIL MEETING - SEPTEMBER 23, 1981 MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, THAT THE CITY ENGAGE A FLORIDA REGISTERED ARCHITECT OR ENGINEER TO PROCEED WITH THE PLANS AND THE WORKING DRAWINGS OF THE CLUB HOUSE BUILDING OUT AT THE GOLF COURSE AND TO BE BASED ON A NEGOTIABLE FEE. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK MAYOR FLOOD COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN CARRIED. COUNCILMAN VOTAPKA STATED THAT HE VOTED AGAINST THE MOTION BECAUSE HE FELT THAT THE DESIGN OF THE GOLF COURSE CLUB HOUSE WAS NOT OF AN ARCHITECTURAL FUNCTION THAN AN ENGINEERING DISCIPLINE. AFTER A LENGTHY DISCUSSION REGARDING THE GOLF COURSE CLUB HOUSE, MR. MAC QUEEN, REPRESEN~- TIVE, LLOYD & ASSOCIATES, OFFERED TO HAVE AN ENGINEER/ARCHITECT FROM LLOYD & ASSOCIATES MEET WITH THE GOLF COURSE COMMITTEE IN CITY HALL9 SEPTEMBER 29, 1981, 7:30 P.M., TO DISCUSS THE PLANS FOR THE CLUB HOUSE, MR. MAC QUEEN STATED THAT AN ARCHITECTURAL RENDERING WOULD BE PROVIDED FOR THE CITY AT NO CHARGE AND IF THE CITY DESIRED THEY WOULD PROCEED TO HAVE AN ENGINEER WITH ARCHITECTURAL TRAINING DESIGN PLAN TOGETHER FOR A MINIMAL FEE. ATTORNEY KILBRIDE REPORTED T~R~f'~H~--P~P~ ~n~S HAVE BEEN MADE iN THE JONES INTER- CABLE ORDINANCE. MAYOR FLOOD STATED THAT HE WA~T~ £T SPECIFIA~D{IN THE JONES INTERCABLE ORDINANCE THAT A FO0 CLEARANCE WOULD BE A Oap D IF SYSTEM C ANGES OVER TO AERIAL. BILL SISK, MANAGER, JONES INTERCABLE, STATED THAT THERE WAS AN ERROR IN THE EFFECTIVE DATE OF THE ORDINANCE AND IT WOULD BE CHANGED TO OCTOBER 1, 1981. MOTION BY COUNCILMAN VOTAPKA, SECOND_~D ~l c'uUNCILMAN OBERBECK, TO ACCEPT THE SECOND READ- ING BY TITLE ONLY, AS AMENDED, AN ORDINAN~!~ GRANTING A NON-EXCLUSIVE FRANCHISE TO CABLE TV FUND VIII-A, A LIMITED PARTNERJHI.?, JO~ES INTERCABLE, INC., GENERAL PARTNER, TO OPERATE AND MAINTAIN A COMMUNITY A, NT'EI~NA [fELEVISION SYSTEM IN THE CITY; REGULATION OF ITS OPERATION; SETTING RATES AND P~'Y-!~EN~; PROVIDING SERVICE, CONSTRUCTION AND MAINTENANCE STANDARDS; CONTAINING SEVERABILITY AMENDMENTS T~(A~]ERE['~ THE 12 BASIC ~h%~NELS- NAYS: :ERTAIN PROHIBITIONS; PRESCRIBING CERTAIN PENALTIES; PROVIDING A COUNCILMAN VOTAPKA COUNCILMAN OBERBECK MAYOR FLOOD VICE MAYOR GASS COUNCILWOMAN PHELAN CARRIED. VICE MAYOR GASS REPORTED THAT BILL #898, THE DEREGULATION OF CABLE UTILITIES WILL BE BROUGHT BEFORE THE SENATE THIS WEEK TO BE VOTED ON. HE EXPLAINED, IF THE BILL IS PASSED THE ONLY CONTROL THE CITY WILL HAVE iS THE FRANCHISE AND THAT SENATOR CHILES AND SENATOR LEWIS HAVE BEEN ASKED TO VOTE AGAINST IT. ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY, AS AMENDED, AN ORDINANC~ GRANTING A NON-EXCLUSIVE FRANCHISE TO CABLE TV FUND VIII-A, A LIMITED PARTNERSHIP, JONES INTERCABLE, INC., GENERAL PARTNER, TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM iN THE CITY; REGULATION OF ITS OPERATION; SETTING RATES AND PAYMENTS; PROVIDING SERVICE, CONSTRUCTION AND MAINTENANCE STANDARDS, CONTAINING CERTAIN PROHIBITIONS; PRE- SCRIBING CERTAIN PENALITIES; PROVIDING A SEVERABILITY CLAUSE, REPEALING PREVIOUS FRANCHISE PROVIDING EFFECTIVE DATE. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN OBERBECK, TO ADOPT THE THIRD AND FINAL READING BY TITLE, AS AMENDED, OF AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO CABLE TV FUND VIII-A, A LIMITED PARTNERSHIP, JONES INTERCABLE, INC., GENERAL PARTNER, TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELE~SION SYSTEM IT THE CITY; REGULATION OF ITS OPERATION; SETTING RATES AND PAYMENTS; PROVIDING SERVICE, CONSTRUCTION AND MAINTENANCE STANDARDS , CONTAINING CERTAIN PROHIBITIONS; PRESCRIBING CERTAIN PENALTIES; PROVIDING A SEVERABILITY CLAUSE; REPEALING PREVIOUS FRANCHISE; PROVIDING EFFECTIVE DATE WITH THE AMENDMENTS THAT WERE DISCUSSED TONIGHT WITH THE APPROPRIATE AMENDMENTS THAT WERE DISCUSSED AT THE LAST MEETING, PLUS THE LETTER OF INTENT GUARANTEEING THE 12 BASIC CHANNELS AND THE THREE MAJOR NETWORKS. ROLL CALL VOTE: A YES: NAYS: COUNCILMAN OBERBECK COUNCILMAN VOTAPKA MAYOR FLOOD VICE MAYOR GASS COUNCILWOMAN PHELAN CARRIED. REGULAR COUNCIL MEETING - SEPTEMBER 23, 1981 ATTORNEY KILBRIDE REPORTED THAT HE HAD SPOKEN WITH AN ATTORNEY AND AN INVESTIGATOR WITH THE DEPARTMENT OF PROFESSIONAL REGULATION IN REGARDS TO THE EMERGENCY ORDINANCE FOR THE SEBASTIAN CONSTRUCTION BOARD. HE INDICATED THAT THE CITY OF SEBASTIAN DOES NOT HAVE THE AUTHORITY TO SUSPEND A STATE CERTIFIED CONTRACTORS LICENSE, BUT UNDER THE STATE LAW AND THE ORIGINAL ORDINANCE OF THE SEBASTIAN CONSTRUCTION BOARD, THE CITY CAN REGULATED THE iSSUANCE OF BUILDING PERMITS AND INSURE THAT CONTRACTORS WORKING WITHIN THE CITY ARE NOT OPERATING IN VIOLATION'OF STATE LAW STANDARDS. ATTORNEY KILBRIDE RECOMMENDED TO THE BUILDING OFFICIAL AND THE CONSTRUCTION BOARD THAT THEY HAVE THE AUTHORITY NOW, WITHOUT FURTHER AMENDMENT, TO'NOTIFY A CONTRACTOR OF THE VIOLATION AND REFER THE VIOLATION TO THE CONSTRUCTION BOARD FOR AN ADMINISTRATIVE HEAR- ING, TO DETERMINE IF SUFFICIENT EVIDENCE EXISTS. IF THERE IS SUFFICIENT EVIDENCE IT SHOULD BE DIRECTED TO THE DEPARTMENT OF PROFESSIONAL REGULATION, THE BUILDING OFFICIAL SHOULD BE DIRECTED AT THIS POINT TO TAKE ADDITIONAL DISCIPLINARY STEPS TO CORRECT THE SITUATION, BY EITHER DENYING OR TEMPORARILY SUSPEND THE RIGHT OF COMPANY OR CONTRACTOR TO PULL A PERMIT WITHIN THE CITY. MR. JOSEPH LANCASTER REPORTED THAT THE OCCUPATIONAL LICENSE COMMITTEE MET TO DISCUSS TO REVAMPING OF OCCUPATIONAL LICENSES. IT WAS DECIDED THAT 30 DAYS WOULD NOT BE ENOUGH TIME TO CHANGE THE ENTIRE ORDINANCE. THE COMMITTEE RECOMMENDED THAT A 30 DAY EXTENSION BE GRANTED TO THE EXISTING LICENSES WITH THE REMAINDER OF THE CHANGES TO BE MADE AS THEY COULD BE WORKED OUT WITH THE ATTORNEY. THE COMMITTEE DISCUSSED AND O C6- EO TO ,ISE [r{E PENALTY SEE THAT IT WOULD ADVERTIS ATTORNEY KILBRIDE REPORTED THAT HE/~q~ A&L~RDINANCE PREPARED THAT WOULD CREATE A TWO YEAR TERM FOR THE LICENSES AND INCReaSE T~-~ AMOUNT OF PENALTIES IF A PARTY IS DELINQUENT FOR n CERTAIN AMOUNT OF TIME. HE INUICAT~ THAT IN ORDER TO PASS A 30 DAY EXTENSION ORDINANCE, IT WOULD HAVE TO mE DOVE 8¥ A ~PARATE MOTION. MOTION BY COUNCILMAN OBERBECK, SEO~D B_~ VICE MAYOR GASS, TO ACCEPT THE 30 DAY EXTENSION ON OCCUPATIONAL LICENSES. COUNCILMAN O~CK W~~ {I~OTI~N~ ~-AYO~SS~-,tDREW MOTION CO X MAN--q ER , , IS CyND ', Y VrCE MArO I RING A YES: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA NAYS: COUNCILWOMAN PHELAN MAYOR FLOOD MOTION DIED, A UNANIMOUS VOTE IS NEEDED TO BRING A MOTION TO THE FLOOR. HIS SECOND. TO THE FLOOR THE ATTORNEY KILBRIDE REPORTED THAT ACCORDING TO THE AGENDA THERE WAS MENTION OF A 30 DAY EXTENSION ON OCCUPATIONAL LICENSES AND IT COULD BE ACCOMPLISHED BY A MOTION. MOTION BY COUNCILWOMAN PHELAN, SECONDED BY VICE MAYOR GASS, THAT THE OCCUPATIONAL LICENSE TERM FOR THIS YEAR BE EXTENDED UNTIL NOVEMBER 1, 1981, WITHOUT PENALTY. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTPAKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. MAYOR FLOOD ASKED THE COUNCIL HOW THEY FELT AS FAR AS ISSUING OCCUPATIONAL LICENSES EVERY TWO YEARS. ALL OF THE COUNCIL SEEMED TO BE IN AGREEMENT WITH THE CHANGE OVER. MAYOR FLOOD STATED THAT THE ORDINANCE FOR THE OCCUPATIONAL LICENSES WOULD BE PURSUED AT THE WORKSHOP MEETING, OCTOBER 7, 1981 AND IF NEED AN ADDITIONAL 30 DAY EXTENSION COULD BE EXTENDED IN ORDER TO PROVIDE MORE TIME. REGULAR COUNCIL MEETING - SEPTEMBER 23, 1981 DR. FISCHER REPORTED THAT HE HAD SUBMITTED SUBDIVISION PLANS FOR ROSELAND ACRES AND HE WAS WAITING ON THE FINAL DECISION FROM THE COUNCIL REGARDING THE PLAT. COUNCILMAN VOTPAKA REPORTED THAT HE HAD REVIEWED THE PLANS AND SET FORTH REASONS IN A LETTER TO MAYOR FLOOD, WHY THE PLANS WERE INCOMPLETE AND THE REASONS WHY IT DID NOT COMPLY WITH THE CITY OF SEBASTIAN'S SUBDIVISION ORDINANCE. DR. FISCHER INDICATED THAT HE WAS UNDER THE IMPRESSION THAT THE COUNCIL WOULD RECOMMEND CHANGES OR SUGGESTIONS AND THAT THEY WOULD GIVE FINAL APPROVAL SUBJECT TO THESE CHANGES. ATTORNEY KILBRIDE EXPLAINED THAT IN ORDER TO SUBMIT PLANS AND PLATS THERE IS A PROCEDURE TO FOLLOW. THERE IS A PLAT APPROVAL AND A SUBDIVISION APPROVAL THAT BOTH GO HAND IN HAND IN THE CITY ORDINANCE. A FINAL PLAT APPROVAL IS GIVEN WHEN THE SUBDIViSiON IS TOTALLY COMPLETED AND THE LOTS ARE READY TO BE SOLD. HE INDICATED THAT AT THIS POINT DR. FISCHER NEEDS A PRELIMINARY PLAT APPROVAL. COUNCILMAN VOTAPKA EXPLAINED THAT DR. FISCHER WOULD NEED TO HAVE AN AS-BUILT DRAWING. CERTIFICATION FROM THE ENGINEER, A LEGAL DESCRIPTION OF THE PROPERTY, A CERTIFICATE OF DEDICATION, JOINDER AND CONSET TO DEDICATIONS, SURVEYOR'S CERTIFICATE, TITLE OF CERTIFiCA- TION, CERTIFICATE OF APPROVAL BY THE CITY OF SEBASITAN AND CERTIFICATE OF THE CIRCUIT COURT. THERE WAS A LENGTHY DISCUSSION CONCERNING A 12 FOOT LIME ROCK ROAD EASEMENT WHICH WILL SERVE AS A COMMON DRIVEWAY IN ROSELAND ACRES. IT WAS STIPULATED THAT ACCORDING TO THE SUBDIVISION ORDINANCE THIS ROAD SHOULD BE A MINIMUM OF 20 FEET WIDE AND SHOULD BE PAVED. ROCK EASEMENT WILL BE DEEDED TO~f~ACH INDIVID~AVL/PROPERTY OWNER AND IT WILL BE THEIR RESPONSIBILITY TO MAINTAIN IT~ MAYOR 'FLOOD STATED THAT THE ROCK ROAD DOM NOT COMPLY WITH THE CITY'S SUBDIVISION ORDINANCE AND IT WOULD NOT BE SUFF~IEN~. MAYOR FLOOD REQUESTED THAT DR. FI~E~ ~--~VEN A COPY OF THE CITY'S SUB-DIVISION ORDINANCE IN ORDER TO HELP HIM IN REVIEWING A~D PKE~RING HIS PLANS. MOTION BY COUNCILMAN OBERBECK, SECO¥~ED B~COUNCILWOMAN PHELAN, THAT THE PRELIMINARY PLAT FOR ROSELAND ACRES BE SET BACK TO ~T.~E/O~N~R AND TO BE TAKEN TO HIS REGISTERED ENGINEER AND REGISTERED SURVEYOR OF THE STA~.-~gF ~-LORIDA, TO PREPARE IT IN ACCORDANCE WITH THE CITY'S SUBDIVISION ORDINANCE. CARRIED. THE CITY ENGINEER, MR. ROBERT LLOYD. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN VOTAPKA COUNCILMAN OBERBECK COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. MR. ROBERT LLOYD, CITY ENGINEER, LLOYD AND ASSOCIATES, PRESENT TO THE COUNCIL PLANS FOR THE PAVING OF llTH. STREET AND INDICATED THAT THEY WERE READY TO GO TO BID. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN OBERBECK, THAT LLOYD AND ASSOCIATES GO TO BID FOR THE PAVING OF llTH. STREET. CARRIED. MAYOR FLOOD ANNOUNCED THAT THERE WOULD BE A DISCUSSION REGARDING COLLIER CREEK DAM DESIGN PLANS AT THE WORKSHOP MEETING, OCTOBER 7, 1981. MAYOR FLOOD STATED THAT MR. ELLIOTT KEPPLER, DEVELOPER OF RIVER'S EDGE SUBDIVISION WAS PRESENT TO ANSWER QUESTIONS PERTAINING TO THE DRAINAGE AND ROADS IN THE RIVER'S EDGE SUBDIVISION. MAYOR FLOOD INDICATED THAT THE PLAT HAD BEEN ACCEPTED BY THE CITY OF SEBASTIAN BUT SINCE 1975, THE CITY HAS NOT BEEN ASKED TO ACCEPT THE ROADS OR DRAINAGE INTO THE CITY AND THAT THIS WAS NOT IN COMPLIANCE WITH THE CITY'S SUBDIVISION ORDINANCE. MR. KEPPLER STATED THAT HE GAVE MAYOR FLOOD PERMISSION EIGHT MONTHS AGO TO TAKE CORE SAMPLES. THE CORE SAMPLES WERE TAKEN AND APPROVED BY THE CITY OF SEBASTIAN. COUNCILMAN OBERBECK ASKED MR. KEPPLER WHAT THE NAME OF THE COMPANY WAS THAT DID THE CORE SAMPLING. MR. KEPPLER REPLIED THAT HE DID NOT KNOW BUT HE WOULD GET THE NAME OF THE PAVING COMPANY. REGULAR COUNCIL MEETING - SEPTEMBER 23, 1981 ' MAYOR FLOOD REPORTED THAT THE CITY ENGINEER DID A SURVEY OF THE DRAINAGE AT RIVER'S EDGE AND REPORTED THAT IT WOULD NOT COMPLY WITH THE CITY'S SUBDIVISION ORDINANCE. MR. KEPPLER STATED THAT HE HAS COMPLIED WITH THE CITY'S SUBDIVISION ORDINANCE A LONG TIME AGO. HE INDICATED THAT MR. LLOYD MADE THE INSPECTIONS AND GAVE FINAL APPROVAL ABOUT FIVE YEARS AGO. MAYOR FLOOD STATED THAT THE CITY ENGINEER HAD NOTHING TO DO WITH THE SEWER PLAT AT RIVER'S EDGE SUBDIVISION. MR. KEPPLER STATED THAT MR. SCHMUCKER WAS THE ENGINEER WHO DID ALL OF THE WORK AND HAS THE PLAT PLAN. MAYOR FLOOD STATED THAT NOTHING COULD BE FOUND REGARDING THE ACCEPTANCE OF ROADS OR DRAIN- AGE INTO THE CITY. MAYOR FLOOD STATED THAT MR. KEPPLER WAS NOTIFIED AT THE TIME OF HIS ANNEXATION THAT HE WOULD HAVE TO COMPLY WITH THE CITY'S SUBDIVISION ORDINANCE. MR. KEPPLER STATED THAT HE HAS COMPLIED WITH THE ORDINANCE OR IT WOULDN'T HAVE BEEN PASSED. MR. KEPPLER STATED THAT ONE OF THE PROBLEMS WITH THE DRAINAGE IS THAT A BUILDER DID NOT ALLOW FOR THE INDENTATION FOR A SWALE AND THE BUILDING INSPECTOR APPROVED THE DRIVEWAY. MR. KEPPLER STATED THAT HE HAD THE BUILDER COME BACK AND GO BACK FIVE OR SIX FEET TO PUT IN SOME DRAINAGE AND THAT IT WAS NOT ENOUGH. MR. KEPPLER STATED THAT BOTH TH~CiTY A.~D BUIldING OFFICIAL WERE NOTIFIED WHEN THE DRAIN- AGE WAS PUT IN AND IT WAS AP{R~D. HE STATE~ ITHAT HE DID NOT FEEL HE SHOULD BE HELD RESPONSIBLE FOR SOMETHING THA'T~_T/HE-B. UIL~R DI~-$ COUNCILMAN VOTAPKA STATED THAT IT ~U~D ~ ON THE AS-BUILT DRAWING AND THAT THEY CAN VERIFY THE ELEVATIONS AND IF SOMEf~N'~ E%LSEr~A~S COME ALONG AND CREATED OBSTACELS SINCE THAT PERIOD OF TIME, THE RESPONSIBILITY WiLL N~ LIE ON MR. KEBPLER. COUNCILMAN VOTAPKA STATED THAT HE WAUT~E~00 SEE THE ORIGINAL CONSTRUCTION DRAWINGS AND FROR THAT IT COULD BE DETERMINED WHO I~PCN~IBLE. MR. KEPPLER ASKED IF HE COULD HAVE A COPY OF THE DRAINAGE ANALYSIS LIST. ~ WATER TREATMENT PLANT, MR.TREATMENTKEPPLERpL D_._~. AT ~ ~S~ ( 20 SAMPLE~A__ __ N STARTED ON THE WATER COUNCILMAN VOTPAKA ASKED MR. KEPPLER WHAT HIS PLANS WERE AFTER HE GETS THE BACTERIOLOGICAL WELL CLEARANCE. MR. KEPPLER STATED THAT HE COULD NOT ANSWER, THAT HE HAD TO WAIT TO HEAR FROM THE DEPART- MENT OF ENVIRONMENTAL REGULATION. COUNCILMAN VOTAPKA ASKED MR. KEPPLER IF HE HAD RECEIVED THE CONSTRUCTION PERMIT FOR THE NEW CONSTRUCTION. HE REPLIED THAT HE DID NOT AND THAT HE HAD BEEN TRYING TO GET ONE FOR A YEAR AND A HALF AND DID NOT KNOW WHY HE WAS UNABLE TO GET IT. ATTORNEY KILBRIDE REPORTED THAT MR. KEPPLER WAS UNABLE TO RECEIVE A PERMIT BECAUSE HE NEVER SUBMITTED A COMPLETED APPLICATION. MR. KEPPLER STATED THAT IT WAS NOT TRUE THAT HE SUBMITTED THE APPLICATION AND DID NOT GET A FINAL PERMIT. MAYOR FLOOD STATED THAT HE RECEIVED A LETTER IN FEBRUARY OR MARCH, 1981, INFORMING HIM THAT MR. KEPPLER'S APPLICATION WAS INCOMPLETE AND THAT HE HAD USED THE NAME "PURE GOLD" AND THAT THE SECRETARY OF STATE COULD NOT FIND A CORPORATION BY THIS NAME. MR. KEPPLER STATED THAT THIS WAS CORRECT AND THAT HE HAD CHANGED HIS NAME FROM KEPPLER'S LAND IMPROVEMENT TO "ROYAL GOLD". MAYOR FLOOD STATED THAT EVEN THROUGH "ROYAL GOLD" IS A CORPORATION, IT IS STILL MR. KEPPLER~ RESPONSIBILITY FOR THE WATER NOT "ROYAL GOLD". MR. KEPPLER STATED THAT MR. SCHMUCKER IS HANDLING ALL THE FILING OF HIS PERMITS THROUGH THE DEPARTMENT OF ENVIRONMENTAL REGULATION. MAYOR FLOOD STATED THAT HE WAS AWARE OF THE PROBLEM WITH THE WELL BUT THE DEPARTMENT OF ENVIRONMENTAL REGULATION HAS TAKEN CARE OF IT AND HAS GIVEN APPROVAL BUT AS OF LAST WEEK A PERMIT HAS NDT BEEN APPLIED FOR. MAYOR FLOOD STATED THAT UNDER THE SUBDIVISION ORDINANCE IT IS REQUIRED THAT FIRE HYDRANTS MUST BE INSTALLED AND ASKED MR. KEPPLER WHAT HE WAS GOING TO DO ABOUT IT. REGULAR COUNCIL MEETING - SEPTEMBER 23, 1981 MR. KEPPLER STATED THAT IT WAS NOT IN THE ORDINANCE WHEN HE PUT IN HIS WATER SYSTEM. MAYOR FLOOD EXPLAINED THAT IT IS UNDER THE FRANCHISE WITH GENERAL DEVELOPMENT CORPORATION GOING BACK TO 1959. MR. KEPPLER STATED THAT THE DEPARTMENT OF ENVIRONMENTAL REGULATION INFORMED HIM AND MR. ED SCHM~CKER THAT THE PIPING DOES NOT HAVE TO BE ALL THE WAY THROUGH. COUNCILMAN VOTAPKA STATED THAT THE DEPARTMENT OF ENVIRONMENTAL REGULATION WILL ALLOW YOU TO PUT ON FIRE HYDRANTS PROVIDING YOU HAVE A FIRE PUMP, ADEQUATE CAPACITY IN THE WELL AND AN OPERATING PERMIT ISSUED FROM THE DEPARTMENT OF ENVIRONMENTAL REGULATION. MAYOR FLOOD STATED THAT HE WANTED TO GO ON RECORD AS SAYING THAT MR. KEPPLER WILL COMPLY WITH THE FRANCHISE ORDINANCE AND WHEN HE GETS HIS OPERATING PERMIT, HE WILL COME TO THE CITY BEFORE HE GETS INTO OPERATION TO GET A FRANCHISE AND ALSO COMPLY WiTH OUR FRANCHISE ORDINANCE WHICH SAYS YOU WILL PUT IN FIRE HYDRANTS AND YOU WILL. MAYOR FLOOD ALSO STATED THAT GENERAL DEVELOPMENT CORPORATION IS COMPLYING WITH IT AND SO WILL MR. KEPPLER. MAYOR FLOOD STATED THAT ONE BILL IN THE LUMP SUM OF $1,800.00 WAS SENT TO MR. KEPPLER FOR LOT MOWING AND HE NEVER REPLIED. MR. KEPPLER INDICATED THAT HE HAD NEVER RECEIVED A BILL AND THAT HE HAD CHARLIE'S LAWN SERVICE MOW HIS LOTS WITHIN THE LAST TWO WEEKS. VICE MAYOR GASS SUGGESTED THAT MR. KEPPLER GET A DETAILED BILL OF THE LOTS THAT HAVE BEEN MOWED BY CHARLIE'S LAWN SERVICE. MAYOR FLOOD INSTRUCTED THE CITY CLERK TO REVIEW ALL THE MINUTES AND IF NECESSARY TO GO THROUGH ALL OF THE TAPES TO ~A~T~~~ING TO RIVER'S EDGE. HE INDICATED THAT HE WANTED TO SEE IF MR. ROBERt~ ~OYD EV.~R MA~AV~ REPORT APPROVING EVERYTHING OUT AT RIVER'S 7:00 P.M., IN CITY HALL AND WI-F,4F'MR~-. KE_~FLER'~PERMISSION HE WOULD CONTACT MR. ED SCHMUCKER TO ARRANGE FOR HIM TO BE PRESENT. THE CITY CLERK READ A LETTER FROM ~SHR~RS OF AMARA TEMPLE ASKING PERMISSION TO DIS- TRIBUTE A TABLOID CONTAINING ARTICLES PER~INING TO THE HISTORY AND ACCOMPLISHMENTS OF THE EIGHTEEN CRIPPLE HOSPITALS AND THREE BURN~NSTITUTES DURING NOVEMBER 9 AND NOVEMBER 22, 1981. THE DISTRIBUTION WOULD BE gO~THE P~BLIC AT SHOPPING AREAS AND TO LOCAL FIRMS AT WHICH TIME THEY WISH TO RECEIVE P~ ~ATIONS. THE ENTIRE DRIVE WOULD BE CONDUCTED BY SHRINERS ON A VOLUNTEER BASIS WITH PROCEEDS GOING TO THE SUPPORT OF THE CRIPPLE CHILDRENS HOSPITAL. MAYOR FLOOD STATED THAT HE WOULD SIGN THE PROCLAMATION. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, THAT THE CITY OF SEBASTIAN ALLOW THE SHRINERS OF THE AMARA SHRINE TEMPLE TO PASS OUT THE TABLOID AND SOLICIT FOR DONATIONS TO GO TOWARDS THE BURN HOSPITAL AND CRIPPLE CHILDRENS FUND. CARRIED. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, TO APPOINT MR. WILLIAN MAHONEY TO THE PLANNING AND ZONING COMMISSION. CARRIED. MAYOR FLOOD ANNOUNCED THAT THE SOCIAL SECURITY OFFICE WILL BE SENDING A REPRESENTATIVE TO THE SEBASTIAN CHAMBER OF COMMERCE EVERY FIRST WEDNESDAY OF THE MONTH. MAYOR FLOOD REPORTED THAT HE AND COUNCILMAN OBERBECK HAVE INQUIRED ABOUT NEW LIGHTS FOR THE BASEBALL FIELD. HE INDICATED THAT THEY HAVE FOUND LIGHTS THAT WILL CUT DOWN THE POWER CONSUMPTION TO ABOUT HALF, GUARANTEED FOR 10,000 HOURS AND PROVIDE ADEQUATE LIGHTING. THE LIGHTS CAN BE PURCHASED FOR $22,000.00 INCLUDING COMPLETE INSTALLATION OR THEY CAN BE PURCHASED UNDER A LEASE PURCHASE PLAN. THE LEASE PURCHASE PLAN WOULD BE MONTHLY INSTALL- MENTS INCLUDING ALL MAINTENANCE. MAYOR FLOOD STATED THAT HE WOULD TRY TO GET ALL THE FACTS AND FIGURES TOGETHER REGARDING THE LEASE PURCHASE PLAN SO THE COUNCIL COULD REVIEW IT. COUNCILMAN OBERBECK REPORTED THAT HE WAS INFORMED THAT THE VERO BEACH WINTER BASEBALL LE~Ut HAS BEEN TERMINATED AND THAT THEY SHOWED GREAT INTEREST IN USING THE CITY OF SEBASTIAN'S FIELD IF IT WAS IMPROVED. HE INDICATED THAT IT WOULD BE REVENUE FOR THE CITY. COUNCILMAN OBERBECK REPORTED THAT MR. CLIFF HOOSE IS INTERESTED IN TAKING OVER AND WORKING FOR THE CITY AS A RECREATION DIRECTOR FOR A PERIOD OF TWO YEARS AT NO CHARGE. HE INDICATED THAT HE WOULD DO THE SCHEDULING AT THE BASEBALL FIELDS, SET UP MAINTENANCE FOR THE FIELDS AND ANY OTHER FACILITIES THROUGHOUT THE CITY. MAYOR FLOOD STATED THAT MR. HOOSE WOULD HAVE TO BE PUT ON A RETIANER IN ORDER FOR THE CITY TO PROVIDE HIM WITH WORKMAN'S COMPENSATION COVERAGE. MEETING ADJOURNED AT 11:11 P.M.