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HomeMy WebLinkAbout10021981MINUTES OF EMERGENCY MEETING - OCTOBER 2, 1981 MEETING WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 4:40 P.M. PRESENT: VICE MAYOR EVERETT T. GASS, COUNCILMAN FRANK OBERBECK, COUNCILWOMAN FLORENCE PHELAN, MAYOR PAT FLOOD, JR. (COUNCILMAN RICHARD VOTAPKA WAS INFORMED BY PHONE OF THE MEETING AND STATED THAT HE WAS IN ACCORD WITH THE ANTICIPATED ACTION TO TURN THIS MATTER OVER TO THE CITY ATTORNEY.) MAYOR FLOOD STATED THIS EMERGENCY MEETING WAS CALLED AS A RESULT OF THE COUNCIL MEETING OF SEPTERMBER 30, 1981, AT WHICH TIME, MR. ELLIOTT KEPPLER, DEVELOPER OF RIVER'S EDGE SUBDIVISION, WAS REQUESTED TO POST A $35,000.00 BOND FOR THE WATER PLANT AND $50,000.00 BOND FOR DRAINAGE BY 3:30 P.M. ON OCTOBER 2, 1981, IN THE CITY HALL. AT THE TIME OF THE CALLED EMERGENCY MEETING, HE HAD NOT COMPLIED. MR. KEPPLER WAS CALLED ON THE PHONE BY THE CITY CLERK. THE LADY WHO ANSWERED THE PHONE ADVISE THAT MR. KEPPLER WAS OUTSIDE AND ASKED IF HE COULD CALL BACK. HE WAS GIVEN 10 MINUTES TO DO AND AT THE TIME THE MEETING WAS CALLED TO ORDER, 15 MINUTES HAD ELAPSED. SINCE HE DID NOT CALL BACK, MAYOR FLOOD WAS OF THE OPINION THAT THE COUNCIL SHOULD TAKE ACTION. MAYOR FLOOD SUGGESTED THIS SHOULD BE TURNED OVER TO THE CITY ATTORNEY, THAT WE WOULD LIKE TO SEE IF THERE IS ANY WAY WE CAN TIE UP MR. KEPPLER'S PROPERTY AND GET AN INJUNCTION TO SEE THAT HE DOESN'T LEAVE THE AREA UNTIL AFTER THE COURT HEARING SCHEDULED FOR OCTOBER 26. COUNCILMAN OBERBECK WAS OF THE OPINION THAT REGARDLESS OF WHAT ACTION THE ATTORNEY HAD TO TAKE TO GET MR. KEPPLER TO TAKE CARE OF THE PROBLEMS BEING ENCOUNTERED, IT SHOULD BE PURSUED, AND SUGGESTED THAT MAYOR FLOOD AFFORD THE ATTORNEY WITH WHATEVER ASSISTANCE IS NEEDED, VICE MAYOR GAGS AGREED AND ADD THAT WE SHOULD ENDEAVOR TO PREVENT HIM FROM DISPOSING OF ANY OF HIS PROPERTY UNTIL SUCH TIME AS THE SITUATION HAS BEEN CLEARED TO THE SATISFACTION OF THE COUNCIL ~D~TH~P~~VER'S EDGE. COUNCILWOMAN PHELAN INQUIRED IF A LIEN WAS GOING TO BE FI~EW~ ~GAINS'~ P-I-~9~ THE FLORIDA POWER AND LIGHT BILL. MAYOR FLOOD SAID "YES" AND ADVISED TH~'~f THE DEPART~Nr OF ENVIRONMENTAL REGULATIONS WOULD SUPPOR9 US WHEN WE GO TO COURT. JUSt T~_~BRING TEE C~CIL UP TO DATE, MAYOR FLOOD SAID THAT IN TH~ PAPER THERE WERE ARTICLES QU9~I~ MR. ~PPLER~ TO THE EFFECT THAT HE HAD AN APPOINTMENT THE NEXT DAY WITH FLORIDA PO~N~LIGH~ TO ~EAR THE WHOLE MESS UP. MAYOR FLOOD TALKED TO MR. FRISCH TODAY AT LUNCH AND WHEN HE ASKED IF MR. KEPPLER HAD BEEN TO SEE HIM OR ANY- BODY IN FLORIDA POWER AND LIGHT, MR. FRISCH STATED THAT AS OF 12:00 NOON MR. KEPPLER HAD IN THE FLORIDA POW~D ~T OFFICE, EITHER IN SEBASTIAN OR MELBOURNE, NEVER SET FOOT THAT HE KNEW OF AND THAT HE HAD NO~ ~RIED~ TO PAY THE BILL OR ANYTHING ELSE. MR. GASS REMARKED THAT HE HAD PUT IN THE PAPER TBA~HE HAD PAID THE BILL. MAYOR FLOOD ADDED THAT HE SAID THE CHECK WAS SENT BACK. COYBCiL~MAN PHELAN SUGGESTED THAT IT SHOULD BE RUT IN THE FORM OF A MOTION TO MAKE I.~ ~gAL ~ND IF IT TAKES PUTTING A LIEN ON HIS PROPERTY OR WHATEVER HE OWNS, WE SHOULD GOaDeD DO THAT UNTIL SUCH TIME AS EVERYTHING IS POSSBILE. C~LMAN kB~C~T~~T HLCONF~R~D~A~JSTION THE OTHER NIGHT MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, THAT WE GO AHEAD AND DIRECT OUR ATTORNEY TO TAKE WHATEVER LEGAL ACTION IS NECESSARY TO GO AHEAD AND EITHER SEEK PROSECUTION OR GET MR. KEPPERS'S PROPERTY TIED UP AS TIGHT AS WE CAN LEGALLY AS A PROTECT- IVE MEASURE SO THAT THE WORK THAT NEEDS TO BE ACCOMPLISHED IN THE RIVER'S 'EDGE SUBDIVISION WILL BE DONE TO THE SATISFACTION OF THE CITY AND THE PROPERTY OWNERS AND ALSO DIRECT THAT THE MAYOR ASSIST THE ATTORNEY IN ANY WA~ POSSIBLE WITH ANY INFORMATION OR PAPERWORK THAT WE HAVE HERE IN CITY HALL SO THAT WE CAN BRING THIS MATTER TO A HEAD. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILWOMAN PHELAN MAYOR FLOOD NONE. CARRIED. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN PHELAN, THAT WE PROCEED TO PLACE LIENS ON MR. KEPPLER FOR HIS FAILURE TO PAY THE ELECTRICAL BILL WHICH THE CITF HAD TO PAY FOR THE BENEFIT OF THE PROPERTY OWNERS IN RIVER'S EDGE SUBDIVISION AND WE ALSO SEEK RESTITUTION ON THAT THROUGH OUR ATTORNEY. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILWOMAN PHELAN MAYOR FLOOD NONE. CARRIED. MAYOR FLOOD STATED THAT HE WOULD TALK TO ATTORNEY KILBRIDE IN JUST A FEW MINUTES TO SET UP AN APPOINTMENT WITH HIM AS SOON AS POSSIBLE TO SEE WHAT ACTION IS TO BE TAKEN AND TELL HIM THAT WE WANT TO GET AN INJUNCTION AGAINST HIM LEAVING THE AREA. MINUTES OF EMERGENCY MEETING - OCTOBER 2, 1981 COUNCILMAN OBERBECK STATED THAT WE SHOULD GO ON RECORD AT THIS TIME THAT NO MEMBER OF THIS CITY COUNCIL, OR THE MAYOR, IS TRYING TO IMPOSE ANY REAL iFFICULT SITUATION ON MR. KEPPLER, BUT THE FACT IS THAT SINCE WE HAVE TALKED TO MR. KEPPLER, WE HAVE NOT HEARD FROM HIS ATTORNEY OR A PHONE CALL, OR A RETURN PHONE CALL, AS INDICATED, FROM MR. KEPPLER. WE DID GIVE HIM THE BENEFIT OF THE DOUBT, AN HOUR AFTER HE WAS DUE TO BE IN HERE. HE DID NOT WANT ANYONE TO THINK WE WERE IMPOSING SOMETHING ON MR. KEPPLER UNFAIRLY. VICE MAYOR GASS STATED THAT HE DID NOT THINK ANYONE WOULD BECAUSE OF ALL THE PEOPLE WHO WERE PRESENT THE OTHER NIGHT AND ITS BEEN IN THE PAPER. COUNCILWOMAN PHELAN ADDED THAT MOST OF THE PEOPLE PRESENT THEN WERE FROM RIVER'S EDGE AND A LOT OF PEOPLE CAN SAY THEY WERE FIGHTING FOR THEIR OWN SELF, NOTHING AS FAR AS THE COUNCIL. THE COUNCIL HAS GONE OVER BACKWARDS. COUNCILMAN OBERBECK AGREED. WE SPENT TIME WITH HIM AFTER THE MEETING REVIEWING THE DRAWINGS, WE SPENT TIME WITH HIM DURING THE MEETING REVIEWING THE DRAWINGS, WE BROUGHT THINGS TO HIS ATTENTION AND WE HAVE GONE OVERBOARD TO BE COOPERATIVE WITH HIM BUT IT'S APPARENT HE HAS TOTAL DISREGARD FOR THE COUNCIL AND THE PEOPLE WE REPRESENT. MAYOR FLOOD STATED THAT THERE HAD BEEN A COUPLE OF PHONE CALLS ON THE LIGHT BILL, BUT THERE WERE TWO .CHOICES, TO HAVE IT TURNED OFF OR MOVE PEOPLE OUT AND THE DEPARTMENT OF ENVIRONMENTAL REGULATIONS ASKED US NOT TO DO THAT. ON THE QUESTION OF THE $50.00 A DAY THAT HE WAS FINED, NOT A DIME HAS BEEN RECEIVED AND IF NOTHING IS RECEIVED BY THE TIME WE GO TO COURT ON THE 26TH., THEY WILL TAKE IT OUT OF THAT FUND AND REIMBURSE THE CITY. WE WILL HAVE TO PUT A LEIN ON TWO PIECES OF PROPERTY, ONE PIECE OF PROPERTY TO THE WATER SYSTEM AND THE OTHER ONE TO THE SEWER SYSTEM. COUNCILWOMAN PHELAN INQUIRED ABOUT THE OTHER PIECES OF PROPERTY HE HAS THERE AND WAS INFORMED THAT HE HAS A HOUSE AND ADDITIONAL LOTS AND THE ATTORNEY SHOULD IMMEDIATELY ATTACH THAT PROPERTY. MAYOR FLOOD OFFERED TO RESEARCH THE BOOKS TO SEE WHAT PROPERTY HAD CHANGED HANDS. TWO OR THREE LOTS HAVE BEEN SOLD THIS SUMMER. COUNCILMAN OBERBECK ADVISED THAT HE HAD HEARD THROUGH THE GRAPEVINE THAT PEOPLE WHO HAVE PURCHASED LOTS THERE HAVE DONE SO CONTINGENT UPON BEING ABLE TO GET A BUILDING PERMIT SINCE WE HAVE A MORATOB--I4ZM O-U.T TH~RE~ ~ HIS KNOWLEDGE THERE HAS NOT BEEN MORE MONEY ON THIS BUT THOUG.~ Th'~AT BY T~E T~t WE GET THROUGH WITH THE CONTRACTOR'S PROBLEM AND WITH MR. KEPPLER, WE SHOULD NOT H~A~ ANY MORE PROBLEM WITH ANYONE THINKING THEY CAN COME TO SEBASTIAN A.VL~ WHAT THEY W~T. COUNCILMAN OBERBECK WANTED TO KNOW IF MR. KEPPLER HAD RECOGNIZETN~ MOWINg BILLL!E WAS SENT AND WAS ADVISED THAT IT HAD JUST BEEN SENT OUT. MAYOR FLOOD ~INT~-D OUT CHAT THE OTHER NIGHT HE SAID THAT HE JUST PAID A MAN $160.00 FOR MOWING (CHARLIE'S LAWN SERVICE) AND CHARLIE TOLD HIM THAT HE HAD MOWED AUGUST 2. WITH ALL THE RAI~V~, WHEN MAYOR FLOOD CHECKED SOME OF IT;IT WAS FOUR FEET HIGH AGAIN AND WE MOWED IT. WEI WILL PURSUE THIS ALSO. ANOTHER THING WE COULD GET WITH THE PROPERTY OWNERS ABOUT, ~HILEU~E'RE GOING INTO COURT, HE PROMISED THEM TENNIS COURTS. WE DID CHANGE LOT~ FDR FI~'f. AT FIRST HE SHOWED TENNIS COURTS RIGHT ON THE RIVER. HE CAME TO THE COUNCIL AN~ ~ED!FF HE COULD FLiP-FLOP LOTS BECAUSE THE ONES ON THE RIVER WERE MORE VALUABLE. WE %u, A3;'E O-AU FILE HERE A TOTAL RECORD WHERE HE WAS GOING TO PUT IN DOCKS. HE GOT A PERMIT FOR THEM ON SUB,iVaN IT, DECEPTION ~LE-JLIKE m~ ,M~ET W~T~{ THE PROPERTY OWNERS E gROCHURE R~L~TIVE~TO THE STREETS, THE SEWER MEETING MR. KEPPLER SAID HE HAD NO INTENTION OF BUILDING A TENNIS COURT AND COUNCILWOMAN PHELAN SUGGESTED THAT THE TAPE SHOULD BE TRANSCRIBED BECAUSE THAT IS FRAUD. MAYOR FLOOD SAID HE WOULD ASK FOR A VERBATIM TRANSCRIPTION OF A 1974 TAPE WHERE IT WAS REPORTED THAT MR. KEPPLER HAD GONE TO MR. CRAGG'S HOUSE TO REQUEST THE FLIP - FLOP OF THE LOTS. MEETING ADJOURNED AT 5:00 P.M. CITY CLERK MAYOR EXCERPT FROM MINUTES OF WORKSHOP MEETING - APRIL 3, 1974 MAYOR GENE CRAGG ADVISED THAT MR. KEPPLER WAS OVER TO HIS HOUSE TODAY. COUNCIL ORIGINALLY APPROVED THE SITE PLAN FOR HIS PROPERTY. HE WOULD LIKE TO MAKE A CHANGE, WHICH IS A VERY MINOR CHANGE. HE HAD TENNIS COURTS SET UP ALONG THE RIVER FRONT. THE LOT THAT'S MARKED 20 WAS FOR A HOUSE. HE WANTS TO SWITCH THOSE TWO SO THAT HE WILL PUT THE TENNIS COURT BACK WHERE THE HOUSE WAS AND PUT THE LOT UP HERE WHERE IT IS MORE ADVANTAGEOUS FOR SALE. MAYOR CRAGG DID NOT SEE ANYTHING WRONG WITH THIS AND ASKED THE COUNCIL TO LOOK IT OVER. THIS IS THE SITE PLAN WE APPROVED WHEN HE FIRST BROUGHT IT TO US. THE TENNIS COURT IS NOW SET UP HERE AND HE WANTS TO PUT IT OVER HERE. MR. FLOOD ASKED IF WE HAD THE RIGHT. ARE WE IN A POSITION TO DO ANYTHING WITH MR. KEPPLER? ATTORNEY VOCELLE WAS OF THE OPINION THAT THIS PROPERTY IS BASICALLY AND LEGALLY WITHIN THE CITY AND WE HAVE LEGALLY PASSED AN ORDINANCE UNDER THE LAWS OF ~THE STATE OF FLORIDA AND IT IS LEGALLY IN THE CITY UNDER THESE LAWS. MR. FLOOD REMARKED THAT HE DID NOT WANT TO GET INTO ANYTHING WITH THE COUNTY. MAYOR CRAGG STATED THAT HE DISCUSSED THIS WITH ATTORNEY VOCELLE AND WE ARE DEFINITELY WITHIN OUR RIGHTS LEGALLY TO DO ANYTHING AT ALL AND CONSIDER THAT A PART OF THE CITY PROPER. THE QUESTION WAS ASKED IF THIS HAD BEEN THROUGH PLANNING AND ZONING AND MAYOR CRAGG ADVISED THAT IT WAS DONE AT A COUNCIL MEETING WHEN HE FIRST CAME IN WITH IT BEFORE WE HAD A PLANNING AND ZONING COMMITTEE. WE JUST HAD A ZONING COMMITTEE. WE APPROVED IT BECAUSE THERE WAS A SITE PLAN AND WE NEVER HAD ANY RULES. IN FACT WE DON'T HAVE THEM YET AS FAR AS SITE PLANS ARE CONCERNED. MR. FLOOD REMARKED THAT IN OTHER WORDS WHAT MR. CRAGG WAS TRYING TO SAY IS THAT THIS IS MORE OR LESS GRANDFATHERED. HE THOUGHT THAT ANY CHANGES ON THE SITE PLAN.THAT WAS APPROVED WOULD COME UNDER THE ZONING AND PLANNING BOARD. MAYOR CRAGG SAID IT DOESN'T SPELL IT OUT. IT DOESN'T SAY WHEN ~OU HAVE TO HAVE A SITE PLAN APPROVED. WHAT PART IN HERE SAYS YOU HAVE TO HAVE A SITE PLAN APPROVED? IT MENTIONS A SITE PLAN, BUT IT DOESN'T SAY THAT EVERY PROJECT THAT YOU HAVE, WHETHER IT BE COMMERCIAL OR WHAT IT IS, HAS TO BE APPROVED BY THE ZONING. THEY JUST LEFT IT OUT. IN SECTION 12, PAGE 21, IT SAYS "WHATEVER SITE PLAN IS RE- QUIRED''. IT DOESN'T SAY WHEN IT IS REQUIRED. ONE OF THE COUNCILMAN FIGURED THAT WE DON'T HAVE ANYTHING TO DO WITH THIS BECAUSE IT DOESN'T HAVE TO GO BACK TO THE ZONING BOARD. MAYOR CRAGG STATED HE MIGHT BE WRONG, BUT HE TOLD MR. KEPPLER IT MIGHT HAVE TO GO TO THE ZONING BOARD, WHICH WAS ALL RIGHT WITH HIM. THE QUESTION WAS ASKED IF HE WAS GOING TO PUT SEWAGE IN AND THE COUNCIL WAS INFORMED THAT HE ALREADY HAS SEWAGE THERE. HE'S READY TO HOOK IT UP. HE HAS A SEWERAGE PLANT ON THE AIRPORT SIDE OF ROSELAND ROAD, ACROSS THE ROAD FROM HIS PROPERTY WHERE HE HAS 3 ACRES ON THAT ONE SI~E. HE'S ALL HOOKED UP. HE'S GOT HIS STREETS PUT IN. MAYOR CRAGG ASKED HIM ABOUT APPROVAL ON THE STREETS. IT HAS TO BE DONE BY A TESTING COMPANY AND HE SAID HE ALREADY HAD A REPORT MADE.