HomeMy WebLinkAbout10071981PUBLIC HEARING - OCTOBER 7, 1981
PUBLIC HEARING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M.
PRESENT: VICE MAYOR EVERETT T. GASS, COUNCILWOMAN FLORENCE PHELAN, CITY ATTORNEY
DAN KILBRIDE, MAYOR PAT FLOOD, JR., AND COUNCILMAN FRANK OBERBECK (ARRIVED AFTER
PUBLIC HEARING STARTED) AND COUNCILMAN RICHARD VOTAPKA
THE CITY CLERK READ THE NORICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH
PRESS JOURNAL, SEPTEMBER 13, 20, 27 AND OCTOBER 4, 1981, AN ORDINANCE ANNEXING THE
NORTH 288.8 FEET OF THE EAST 580.8 FEET OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4
SECTION 1, TOWNSHIP 31 SOUTH, RANGE 38 EAST, SAID LAND LYING SOUTH OF MAIN STREET.
ATTORNEY KILBRIDE READ IN ITS ENTIRETY AN ORDINANCE ANNEXING THE NORTH 288.8 FEET
OF THE EAST 580.8 FEET OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 1,
TOWNSHIP 31 SOUTH, RANGE 38 EAST, SAID LAND LYING SOUTH OF MAIN STREET. (SKILLMAN)
NO COMMENTS FROM THE PUBLIC
PUBLIC HEARING ADJOURNED:~7:12 P.M.
CITY CLERK
MAYOR FLOOD
PUBLIC HEARING - OCTOBER 7, 1
PUBLIC HEARING CALL TO ORDER ~Y ~YOR PAT FL R., AT 7:12 P.M.
PRESENT: VICE MAYOR EVERETT ' .k~SS_~ CO~]__MCILM~j~ FRANK OBERBECK, OUNCILMAN RICHARD
VOTAPKA, COUNCILWOMAN FLORENCE PHELAN, CITY ATTORNEY DAN KILBRIDE AND MAYOR PAT FLOOD, JR.
THE CITY CLERK READ THE NOTICE OF ~U~L~C HEA__JRING AS IT APPEARED IN THE VERO BEACH PRESS
JOURNAL, SEPTEMBER 20, 27, 1981, TO CONSSD~R THE ADOPTION OF AN ORDINANCE OF THE CITY OF
SEBASTIAN CREATING ARTICLE XI, OF CHAPIER T~ OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN ESTABLISHING THE SEBASTIAN lODE ~qVFORCEMENT BOARD; PROVIDING FOR DEFINITIONS;
GRANTING JURISDICTION; PROVIDING F~R~.'9~GAN~ZATION, QUORUM, COMPENSATION, LEGAL COUNSEL,
CLERK, AND RULES AND REGULATIONS; Pl%6~ID~ FOR COMPENSATION OF MEMBERS; PROVIDING FOR
PROVIDING A C¢7E;/
THE SEBASTIAN~EWFO~C~ ~A~. ~IDI~ FO~D~I~I~ GRANTING JURISDICTION;
PROVIDING FOR ORGANIZATION, QUORUM, COMPENSATION, LEGAL COUNSEL, CLERK, AND RULES AND
REGULATIONS; PROVIDING FOR COMPENSATION OF MEMBERS; PROVIDING FOR HEARING PROCEDURES;
PROVIDING FOR FORMAL HEARING; PROVIDING FOR FINES; PROVIDING FOR HEARING PROCEDURES;
PROVIDING FOR ENFORCEMENT ORDERS; PROVIDING FOR SUBPOENA POWERS; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR EFFECTIVE DATE.
MAYOR FLOOD EXPLAINED THAT THE SEBASTIAN CODE ENFORCEMENT BOARD ORDINANCE IS CREATING A
BOARD OF SIX APPOINTED REPRESENTATIVES THAT WILL ENFORCE THE ORDINANCE OF THE CITY WHICH
WILL ELIMINATE THE CITY FROM HAVING TO FILE VIOLATIONS WITH THE STATE ATTORNEY. THE
SEBASTIAN CODE ENFORCEMENT BOARD WILL ACT AS A JUDGE AND IF A PARTY IS FOUND GUILTY, THEY
CAN APPEAL BY GOING THROUGH THE CIRCUIT COURT.
ATTORNEY KILBRIDE EXPLAINED THAT THE SEBASTIAN CODE ENFORCEMENT BOARD ORDINANCE HAS THE
AUTHORITY TO ADOPT RULES AND REGULATIONS AND THE ABILITY TO SET A STANDARD FINE SCHEDULE.
HE INDICATED THAT HE WAS DRAFTING SOME GUIDE LINES FOR THE SEBASTIAN CODE ENFORCEMENT BOARD
THAT WOULD CREATE A CERTAIN AMOUNT OF UNIFORMITY IN SETTING THE FINE AMOUNTS AND TIME LIMIT~
FOR CERTAIN TYPES OF ROUTINE VIOLATIONS.
AT THE SUGGESTION OF COUNCILMAN OBERBECK, ATTORNEY KILBRiDE AGREED TO INSERT THE WORD
"ALLEGED" BEFORE "VIOLATOR" ON PAGE 10.
COUNCILMAN VOTAPKA POINTED OUT THAT THE ORDINANCE RECOMMENDS THE APPOINTMENT OF LEGAL
COUNSEL AND ALSO THAT THE CITY ATTORNEY SHALL REPRESENT THE CITY AND THE CODE INSPECTOR
BEFORE THE BOARD. ATTORNEY KILBRIDE EXPLAINED THAT THE CITY ATTORNEY CAN BE EITHER THE
LEGAL COUNSEL OR THE PROSECUTING ATTORNEY. HE THOUGHT HE, AS THE CITY ATTORNEY, COULD
BEST SERVE THE BOARD AS CITY ATTORNEY. ANOTHER ATTORNEY WOULD SERVE AS THE PROSECUTING
ATTORNEY.
IN RESPONSE TO A QUESTION BY COUNCILMAN VOTPAKA, MAYOR FLOOD STATED THAT COMPENSATION FOR
THE LEGAL COUNSEL COULD COME FROM THEZFINES.
PUBLIC HEARING ADJOURNED AT 8:20 P.M.
CITY' CLERK MAYOR