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HomeMy WebLinkAbout10121981PUBLIC HEARING - OCTOBER 12, 1981 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 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, 27, OCTOBER 4 AND 11, 1981, TO CONSIDER THE ADOPTION OF 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 54, 55, 56, 57, 58, 59, 60, 61, 62, AND 64, LYING EA~ OF THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY, ALL IN WAUREGAN SUBDIVISION, LYING AND BEING IN SECTION 30 OF THE FLEMING GRANT, TOWNSHIP 30 SOUTH, RANGE 38 EAST. (SCHLITT-MOORE) THE CITY CLERK READ IN ITS ENTIRETY 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 54, 55, 56, 57, 58, 59, 60, 61, 62, AND 64, LYING EAST OF THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY, ALL IN WAUREGAN SUBDIVISION LYING AND BEING IN SECTION 30 OF THE FLEMING GRANT, TOWNSHIP 30 SOUTH, RANGE 38 EAST. (SCHLITT-MOORE) PUBLIC HEARING ADJOURNED AT 7:10 P.M. REGULAR COUNCIL ME TING CALLE? 35-]O. DER BY MAYOR PAT FLOOD, PRESENT: VICE MAYOR EVERETT T. GASS, COUNCILMAN FRANK OBERBECK, COUNCILMAN RICHARD VOTAPKA~ COUNCILWOMAN FLORENCE PHELAN, CITY ATTORNEY DANIEL KILBRIDE, AND MAYOR PAT FLOOD, JR. MR. LES SOLIN, CITY PLANNER, REPORPED ~HATIHE WAS 75% THROUGH WITH THE COMPREHENSIVE LAND USE PLAN AND HE ANTICIPATED THAT HE WQ[3LD-- ~ FINISHED IN TIME FOR A PUBLIC HEARING TO BE SCHEDULED FOR NOVEMBER 16, 1981 OR TH~ WEEFOF NOVEMBER 23, 1981. MAYOR FLOOD SUGGESTED THAT THE COU~/R~D AND REVIEW THE COMPREHENSIVE LAND USE PLAN AS EACH ELEMENT IS COMPLETED. MR. SOLIN REP lZ H n 0 N PEG T IR ITEMIZED LIST OF RECOMMENDATIO~ND H~_,INDI~A/fE~ ~H~T %~Y WIL~ BE EXT~M~LY_~_PPY WITH THE END PRODUCT. MAYOR FLOOD STATED THAT A PUBLIC HEARING WOULD BE SCHEDULED FOR NOVEMBER 17, 1981, 7:00 P.M. IN THE SEBASTIAN COMMUNITY CENTER, REGARDING THE COMPREHENSIVE LAND USE PLAN. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN OBERBECK, TO ACCEPT THE MINUTES FROM PUBLIC HEARINGS AND SPECIAL MEETING 9/9/81, REGULAR COUNCIL MEETING 9/16/81, PUBLIC HEARING AND REGULAR COUNCIL MEETING 9/23/81, AND EMERGENCY MEETING - KEPPLER 10/2/81 AS AMENDED. CARRIED. COUNCILMAN VOTAPKA STATED THAT STATION WGYL HAD PREPARED A RESOLUTION SUGGESTING THAT THE PUBLIC AVAIL THEMSELVES OF A VOLUNTARY ANNUAL VEHICLE INSPECTION. PHELPS' GARAGE HAS AGREED TO GO ALONG WITH THE PROGRAM WITH A REDUCED RATE TO THE CITIZENS. A RESOLUTION WILL BE PREPARED COMMENDING PHELPS' GARGAGE AND WGYL RADIO STATION. ATTORNEY KiLBRIDE STATED THAT HE WOULD HAVE THE RESOLUTION READY FOR THE NEXT COUNCIL MEETING OCTOBER 19, 1981. JAMES CUMMINS, POLICE CHIEF, REPORTED THAT THERE WERE 478 COMPLAINTS FOR THE MONTH OF SEPTEMBER, NOT INCLUDING TRAFFIC VIOLATIONS AND FOR THE MONTH OF AUGUST THE CLEARANCE RATE ON CRIME WAS 42.9% WHICH WAS THE HIGHEST IN THE COUNTY. ARTHUR MAYER, BUILDING OFFICIAL, REPORTED THAT THERE WERE 16 SINGLE FAMILY DWELLING PERMITS ISSUED FOR THE MONTH OF SEPTEMBER, 1981, TOTALING $3,682.50 IN PERMIT FEES. ARTHUR MAYER REPORTED THAT HE HAD RECEIVED A LETTER FROM JOE SUIT REGARDING THE CITY OF SEBASTIAN'S OLD CHRISTMAS LIGHTS. HE INDICATED THAT THE CHAMBER OF COMMERCE CHECKED WITH THE NON-CORPORATE BUSINESSES AND SINCE THEY DIDN'T HAVE ANY NEED FOR THESE LIGHTS, HE SUGGESTED THAT WE DONATE THE OLD CHRISTMAS LIGHTS TO THE CITY OF FELLSMERE. REGULAR COUNCIL MEETING - OCTOBER 12, 1981 MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, THAT THE COUNCIL DONATE THE CITY'S CHRISTMAS LIGHTS TO THE CITY OF FELLSMERE. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. DALE WEHR, STREET DEPARTMENT, REPORTED A TOTAL OF 11,079 MAN HOURS WORKED FOR THE MONTH OF SEPTEMBER, 1981. ED PALUCH, CHAIRMAN, SEBASTIAN CONSTRUCTION BOARD, REPORTED THAT THREE PREVIOUS MEMBERS FRO~ THE SEBASTIAN CONSTRUCTION BOARD NEED TO BE REAPPOINTED AND A NEW ARCHITECTURAL MEMBER NEEDED TO BE APPOINTED. ED PALUCH REPORTED THAT THE SEBASTIAN CONSTRUCTION BOARD MET AND DECIDED TO SEND A REGISTER- ED LETTER TO MR. NIELSON, CONTRACTOR, THE PRINCIPLES OF BALCOR, INC. AND A-I BUILDERS, IN- FORMING THEM THAT THEIR PERMIT PRIVILEGES AND LICENSING PRIVILEGES IN THE CITY OF SEBASTIAN WILL BE SUSPENDED. MOTION BY COUNCILMAN OBERBECK,/w-q~CON_D~ BY ~_~ M~YOR GASS, TO REAPPOINT HUSTON TRIPP, ! MOTION BY COUNCILMAN VOTPAKA, SECONDED BY COUA~C LMAN OBERBECK, TO APPOINT MA -JOHN CALMES ED PALUCH, CHAIRMAN, AIRPORT C~'FI~IT~'~E, R-~PORTE THAT HE SENT LITERATURE TO BAKER ELE~ IN RESPONSE TO THEIR INQUIRY ABOUT LEASING SPACE AT THE AIRPORT. VICE MAYOR GASS REPORTED THAT THE 0.0 AS PAID OF THE CITY'S SHARE TOWARDS THE ELIMINATION OF THE HILL ON STATE ROAD 512.~ COUNCILMAN VOTAPKA REPORTED THAT ~H.~ ~EFE~ERY COMMITTEE MET ON OCTOBER 6, 1981 AND DIS ED RAISING THE PRICES OF CEMETERY L'6~AN. D3DECIDED TO MEET AGAIN FOR A FURTHER DISCUSSION AND TO HOLD A VOTE. THE COMMITTEE ALSO DISCUSSED THE PRICES FOR FERTILIZER AND THAT OCTOBER 13, 19~ ~IN C~TY HA~L. ING IN NOVEMBER COUNCILWOMAN PHELAN REPORTED THAT SHE HAD PREPARED SOME GUIDELINES FOR THE FOURTH OF JULY COMMITTEE AND SUGGESTED THAT THEY BE PUT INTO A FORMAL FORM IN ORDER TO ESTABLISH A PERMANENT PROCEDURE. THE CITY CLERK READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE ANNEXING ALL OF LOTS 21,22,23,24 AND 25, LYING WEST OF THE WESTERLY RIGHT-OF,WAY U.S. HIGHWAY #1, LESS A PORTION OF LOT 25, AND ALL OF THE BLOCKS 54,55,56,57,58~59,60,61,62.AND 64, LYING EAST OF THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY, ALL IN WAUREGAN SUBDIVISION, LYING AND BEING IN SECTION 30 OF THE FLEMING GRANT, TOWNSHIP 30 SOUTH, RANGE 38 EAST(SCHLITT/MO~E MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN OBERBECK, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE ANNEXING ALL OF LOTS 21,22,23,24 AND 25, LYING WEST OF THE WESTERLY RIGHT-OF-WAY U. S. HIGHWAY #1, LESS A PORTION OF LOT 25, AND ALL OF THE BLOCKS 54,55,56,57,58~59,60,61,62 AND 64, LYING EAST OF THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY, 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: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTPAKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARR XED. THE CITY CLERK READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY AN ORDINANCE ANNEXING ALL OF LOTS 21,22,23, 24, AND 25, LYING WEST OF THE WESTERLY RIGHT-OF-WAY U. S. HIGHWAY #1, LESS A PORTION OF LOT 25, AND ALL OF THE BLOCKS 54, 55, 56, 57, 58, 59, 60, 61, 62 AND 64, LYING EAST OF THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY, ALL IN WAUREGAN SUB- DIVISION, LYING AND BEING IN SECTION 30 OF THE FLEMING GRANT, TOWNSHIP 30 SOUTH, RANGE 38 EAST. (SCHLITT/MOORE) REGULAR COUNCIL MEETING - OCTOBER 12, 1981 MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, TO ADOPT THE THIRD AND FINAL READING OF 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 THE BLOCKS 54, 55,56,57,58,59,60,61,62 AND 64, LYING EAST OF THE EASTERLY RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY, 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: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED THE CITY CLERK READ FOR THE SECOND TIME BY TITLE ONLY 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, TOWN- SHIP 31 SOUTH, RANGE 38 EAST, SAID LAND LYING SOUTH OF MAIN STREET. (SKILLMAN) MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN VOTAPKA, TO ACCEPT THE SECOND READING BY TITLE ONLY OF 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) ROLL CALL VOTE: AYES: NAYS: VICE M GASS COUNCILMA~.~OSERBECK COUNCILM~N~VO~APKA COUNCI N HE __. MAYOR FLOOD THE CITY CLERK READ FOR THE THIRD AND E IAN~TIME BY TITLE ONLY AN ORDINANCE ANNEXING THE NORTH 288.8 FEET OF THE EAST 580.8 PEET OFpHE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHIP 31 SOUTH, RANG~EA_~, SAID LAND LYING SOUTH OF MAIN STREET. (SKILLMAN MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN VOTPAKA, TO ADOPT THE THIRD AND FINAL OF THE NORTHE{S u / H ?UTW{ STUf DO O ATCWNS P SOUTH, RANGE 38 EAST, VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTPAKA COUNCILWOMAN PHELAN MAYOR FLOOD NAYS: NONE CARRIED. ATTORNEY KILBRiDE READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN CREATING ARTICLE XI, 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; ESTABLISHING ENFORCEMENT PROCEDURES; PROVIDING FOR FORMAL HEARING AND HEARING PROCEDURES; CREATING ENFORCEMENT ORDERS; PROVDING FOR SUBPOENA POWERS; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE OF THE CITY OF SEBASTIAN CREATING ARTICLE XI, 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 FORMAL HEARING AND HEARING PROCEDURES; CREATING ENFORCEMENT ORDERS; PROVIDING COMPENSATION OF MEMBERS; ESTABLISHING ENFORCEMENT PROCEDURES; CREATING ENFORCEMENT ORDERS; PROVIDING FOR SUBPOENA POWERS; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE. ATTORNEY KILBRIDE REVIEWED THE CHANGES HE MADE IN THE ORDINANCE. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTPAKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. REGULAR COUNCIL MEETING - OCTOBER 12, 1981 ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN CREATING ARTICLE XI, OF CHAPTER 7, OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN ESTABLISHING THE SEBASTIAN CODE ENFORCEMENT BOARD; PROVIDING FOR DEFIN- ITIONS; GRANTING JURISDICTION; PROVIDING FOR ORGANIZATION, QUORUM, COMPENSATION, LEGAL COUNSEL, CLERK, AND RULES AND REGULATIONS; PROVIDING FOR COMPENSATION OF MEMBERS; ESTABLISH- ING ENFORCEMENT PROCEDURES; PROVIDING FOR FORMAL HEARING AND HEARING PROCEDURES; CREATING ENFORCEMENT ORDERS; PROVIDING FOR SUBPOENA POWERS; PROVIDING A SEVERABILITY CLAUSE; ESTA'BLISHING AN EFFECTIVE DATE. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN VOTAPKA, TO ADOPT THE THIRD AND FINAL READING AS AMENDED AND WITH ADDITIONAL AMENDMENTS OF AN ORDINANCE OF THE CITY OF SEBASTIAN CREATING ARTICLE XI, 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; ESTABLISHING ENFORCEMENT PROCEDURES; PROVIDING FOR FORMAL HEARING AND HEARING PROCEDURES; CREATING ENFORCEMENT ORDERS; PROVIDING FOR SUBPOENA POWERS; PROVIDING A SEVERABILiTY CLAUSE; ESTABLISHING AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR NOD-- __ __ NAYS: NONE r ~ ~ -~ ~V/ A? I T ENUS SHO D BE MADE AS SOON AS POSSIBLE TO ESTABLZSH ATT 0 RNEY KI LBRIDE STATED THAT THE SEBASTIAN CODE ENFORCEMEN~RD~ __ U MAYOR FLOOD SUGGESTED THAT THE COUNCIL EITHER BRING SOMEONE TO THE NEXT COUNCIL MEETING, OCTOBER 19, 1981, OR HAVE SOME REC~DA~S AS TO WHO MAY BE INTERESTED AND QUALIFIED TO SERVE ON THE SEBASTIAN CODE ENFORC~M~NTDOARD. ] MOTION BY COUNCILMAN OBERBECK, SECONDED BY,COUNCILMAN VOTPAKA, THAT WE POSTPONE THE PROGRAM FOR MOVING THE TRAIN DEPOT UNTIL Mq~S~A~, ~TOBER 19, 1981. CARRIED. MR. MACQUEEN, ~EpRESENTATIVE, LLOYD AND ASSOCIATES, REPORTED THAT HE HAD THE PLANS READY FOR COLLIER CRE~ DA~ ~MD~T T~ WOU~BE~Y~O G~O ~D~N ABOUT ONE WEEK. MOTION BY VICE NAYOR GASS, SECQNDED BY COUNCILMAN QBERBECK, TQ APPQINT MR. CLIFF HOOSE, AS PARKS AND RECREATION CQQRDINATOR FQR THE CITY QF SEBASTIAN AS A VOLUNTEER WORKER. CARRIED. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTPAKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN PHELAN, THAT THE TERM FOR MR. HOOSE'~ POSITION WILL BE FOR A PERIOD OF ONE YEAR FROM TONIGHT. CARRIED. COUNCILMAN OBERBECK INDICATED THAT $12,000.00 WAS ORIGINALLY BUDGETED FOR THE BALL FIELD LIGHTING. HE ASKED FOR AN ADDITIONAL $18,000.00 TO BE ALLOCATED OUT OF THE RESERVE FUND IN ORDER FOR THE METAL HALIDE LIGHTS TO BE PURCHASED AND USED AT THE BALL FIELD. MR. CLIFF HOOSE STATED THAT FEES WILL BE ESTABLISHED FOR THE USE OF THE BASEBALL FIELD AND OTHER RECREATIONAL ACTIVITIES THAT WILL HELP TO OFFSET THE LIGHTING EXPENSES. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILWOMAN PHELAN, THAT WE AUTHORIZE THE EXPEN- DITURE OF $30,000.00 TO iMPLEMENT THE METAL HALIDE SYSTEM OF LIGHTS ALL THE BALL FIELD WITH THE $18,000.00 COMING OUT OF THE SURPLUS. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR ASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED, REGULAR COUNCIL MEETING - OCTOBER 12, 1981 MOTION BY COUNCILWOMAN PHELAN, SECONDED BY COUNCILMAN OBERBECK, THAT WE CALL THE GOLF COURSE, THE SEBASTIAN MUNICIPAL GOLF COURSE AND THAT WE ALSO USE THE CURRENT CITY LOGO. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTPAKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. MR. JOHN VAN ANTWERP, CHAIRMAN, GOLF COURSE COMMITTEE, REPORTED THAT HE HAD CONTACTED THE FEDERAL AVIATION ADMINISTRATION REGARDING THE FENCING REQUIREMENTS AT THE SEBASTIAN AIRPORT THE FEDERAL AVIATION ADMINISTRATION STATED THAT THERE WERE NO SPECIFIC SPECIFICATIONS REQUIRED AND THAT THEY WOULD SEND SOME INFORMATION AS TO WHAT IS NORMALLY RECOMMENDED ON ANY OTHER AIRPORT OR AIRLINE. MAYOR FLOOD STATED THAT THE FENCING WOULD BE PUT OUT FOR BID ON A PER FOOT BASIS AND THAT THE MONEY WILL COME FROM THE TOTAL GOLF COURSE BUDGET. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, THAT WE GO TO BID ON FENCING FOR THE GOLF COURSE AND THE FENCE TO MEET THE SPECIFICATIONS AS PREVIOUSLY WRITTEN, TO BE 6 FOOT HIGH, TOP RAIL AND BOTT~WIi6~, ~~UGE, GALVANIZED CHAIN LINK FENCE. '11 --\vi MR. VAN ANTWERP INDICATED THAT TTFERE WAS APPR~XI~4ATELY 2100 FEET THAT NEEDED TO BE FENCED AND POSSIBLY A FEW HUNDRED FEET COULD BE ELIMI~N~TED BY BUILDING A BANK ARRANGEMENT IN SOME AREAS. ~__ __ ROLL CALL VOTE: A YES: VICE MAYOR ...... J COUNCILMAN' O~B~BECF COUNCILMAN VOTPAKA--] COUNCILWOMAN PHE~.A~- MAYOR FLO0~ NAYS: NONE CARRIED. MAYOR FLOOD S IH T 0 AT TH DF SE DID NOT MEET THE RE- QUIREMENTS OS~%~ ST. L~OHN~W;~T~R~\M~NA~,~ENT 9ISTRICT ~D%THAT~HS WILL CALL THE WELL DRILLERS BACK MP E MOTZON BY COU CO CZL L30 WE GIVE CEWEN WELL DRILLERS FIVE DAYS TO COMPLETE THE WORK AND IF NOTHING IS DONE, WE WILL GO TO BID AND HAVE THE WORK COMPLETED AND PROCEED WITH LEGAL ACTION. CARRIED. MAYOR FLOOD REPORTED THAT HE WOULD REPORT BACK AT THE MEETING OF OCTOBER 19, 1981 REGARDING THE WELL AND SPETIC TANK SITUATION AT THE GOLF COURSE. AFTER A VERY LENGTHY DISCUSSION REGARDING THE PROPOSED GUIDELINES FOR THE FOURTH OF JULY COMMITTEE, COUNCILMAN OBERBECK SUGGESTED THAT HE WOULD ATTEND THE NEXT FOURTH OF JULY COMMITTEE MEETING AND RECOMMEND THAT THE COMMITTEE LOOK OVER THE PROPOSED GUIDELINES OF THE CITY AND SUGGEST THAT THEY ESTABLISH COMMITTEE GUIDELINES THEMSELVES. COUNCILMAN VOTAPKA STATED THAT HE FELT IF THE JULY FOURTH COMMITTEE ESTABLISHED GUIDELINES ALSO, THERE WOULD BE SOME CONTINUITY ESTABLISHED TO HELP PRESENT AND FUTURE MEMBERS TO KNOW EXACTLY WHAT THEIR FUNCTION IS. ATTORNEY KILBRIDE RECOMMENDED THAT THE JULY FOURTH COMMITTEE MEETINGS SHOULD BE OPENED TO THE PUBLIC. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNILWOMAN PHELAN, TO PERMIT THE SEBASTIAN VOLUNTEER FIRE DEPARTMENT AND AMBULANCE SQUAD TO SERVE ALCOHOLIC BEVERAGES AT THE YACHT CLUB ON DECEMBER 9, 1981, FOR THE ANNUAL CHRISTMAS PARTY AND AT THE COMMUNITY CENTER ON JANUARY 9, 1982, FOR THEIR INSTALLATION OF OFFICERS BANQUET. CARRIED. MOTION BY COUNCILWOMAN PHELAN, SECONDED BY COUNCILMAN VOTAPKA, TO PERMIT THE A. A. R. P. TO SERVE ALCOHOLIC BEVERAGES AT THE SEBASTIAN COMMUNITY CENTER ON OCTOBER 30, 1981, FOR A BUFFET DINNER AND DANCE. CARRIED. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILWOMAN PHELAN, TO BRING TO THE FLOOR A VARIANCE REQUEST FROM MR. NELS ROSELAND, 964 SCHUMANN DRIVE, SEBASTIAN, FLORIDA. CARRIED. REGULAR COUNCIL MEETING - OCTOBER 12, 1981 MR. NELS ROSELAND, 964 SCHUMANN DRIVE, SEBASTIAN, FLORIDA, STATED THAT ON HIS PROPERTY DEED IT IS INDICATED THAT HE HAS A 7% FOOT EASEMENT TO THE PROPERTY LINE AND HE HAS BEEN INFORMED THAT HE HAS TO HAVE A 10 FOOT EASEMENT TO THE PROPERTY LINE. SINCE HE ALREADY HAS A SLAB POURED, HE ASKED THE COUNCIL FOR PERMISSION TO USE THE 7% FOOT EASEMENT. ATTORNEY KILBRIDE STATED THAT ZONING WAS SET UNIFORMiLY THROUGHOUT THE CITY AND THAT IT WAS UP TO THE COUNCIL TO DECIDE IF THIS WAS A UNIQUE SITUATION. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, TO SEND MR. ROSELAND'S REQUEST TO THE VARIANCE BOARD. (NO VOTE TAKEN) ATTORNEY KILBRIDE STATED THAT THE REQUEST FROM MR. ROSELAND BE SENT TO THE VARIANCE BOARD WITHOUT ANY RECOMMENDATION TO THE BOARD. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, TO SEND THE REQUEST OF MR. ROSELAND'S TO THE VARIANCE BOARD WITHOUT COMMENT AND AWAIT A RESPONSE. CARRIED. MOTION BY COUNCILWOMAN PHELAN, SECONDED BY VICE MAYOR GASS, TO BRING TO THE FLOOR A DIS- CUSSION ON THE RIVER'S EDGE SUBDIVISION MORATORIUM. CARRIED. MAYOR FLOOD EXPLAINED THAT THERE WAS A MORATORIUM ON BUILDING PERMITS IN THE RIVER'S EDGE SUBDIVISION AND THAT A SITUATION HAS COME ABOUT REGARDING PROPERTY OWNERS WHO WANT TO BUILD A HOME IN THE RIVER'S EDGE SUBDIVISION TO BEAT INFLATION RATES. ATTORNEY KILBRIDE STATED THAT wT-~AF~ PB~IP~RTY, . - ~~ WOULD HAVE TO SIGN A PAPER INDICATING SEWER SYSTEM IS NOT LICENSED ~ NE CITY ~ND ~Af THERE iS A CITY FRANCHISE ORDINANCE AND UNTIL THE WATER AND SEWER SYSteM IS FRAN:~'ISE~, ITHE CITY WOULD NOT ISSUE THE PROPERTY OWNERS A CERTIFICATE OF OCCUPA~ U ATTORNEY RENE VAN DEVOORDE, RREI~RES~-~TIN~-THE PROPERTY OWNERS IN RIVER~S EDGE, STATED THAT HIS CLIENTS WERE UNDER THE IMPRESSION THAT THEY COULD INSTALL n WELL AT THEIR EXPENSE UNTIL THE WATER AND SEWER ~EM~RE SOLVED. MAYOR FLOOD STATED THAT HE FELT IF ~HSY GA~ THE PROPERTY OWNERS PERMISSION TO GO AHEAD WITH THEIR OWN WELL THIS WOULD BE DEFEATIMG~HE-- WHOLE PURPOSE OF THE PENDING LITIGATION. COUNCILMAN OBERBECK STATED HE HAD A~F~T OF INTEREST SINCE HE HAS A CONTRACT TO BUILD A HOME IN RIVER'S EDGE. ~o~s~ w~ ~oR~ ~~~ w~X ~~ I~ s~V ~s c~ ~o~s ~ ,~s MOTION BY COUNCILWOMAN PHELAN, SECONDED BY VICE MAYOR GASS, TO GIVE PERMISSION TO BUILD, PROVIDING THE CERTIFICATE OF OCCUPANCY IS NOT ISSUED UNTIL THE WATER AND SEWER SYSTEMS ARE FRANCHISED. MAYOR FLOOD STATED THAT UNTIL THE FRANCHISES ARE APPROVED THAT THE WATER AND SEWER SYSTEM WAS NOT A LEGAL ENTITY OF THE CITY. ROLL CALL VOTE: A YES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTPAKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. MOTION BY COUNCILWOMAN PHELAN, SECONDED BY COUNCILMAN OBERBECK, TO BRING TO THE FLOOR A DISCUSSION REGARDING STOPPING THE COUNCIL MEETING AND WORKSHOP MEETINGS AT 10:30 P.M. CARRIED, VICE MAYOR GASS STATED THAT THE MEETINGS WERE GETTING TOO DRAWN OUT AND THAT THE COUNCIL PEOPLE AND WORKERS WERE REMARKING ON HOW LONG THE MEETINGS WERE LASTING. MAYOR FLOOD STATED THAT IT WOULD TAKE A UNANIMOUS VOTE OF THE COUNCIL TO EXTEND THE MEETING PAST 10:30 P.M. REGULAR COUNCIL MEETING - OCTOBER 12, 1981 MOTION BY COUNCILMAN VOTPAKA, SECONDED BY COUNCILWOMAN PHELAN, THAT ALL WORKSHOP AND FORMAL COUNCIL MEETINGS BE ADJOURNED BY NOT LATER THAN 10:30 P.M. UNLESS BY UNANIMOUS COUNCIL ACTION, THE COUNCIL VOTES TO EXTEND THE MEETING FOR A CERTAIN TIME PERIOD AND PRIOR TO THAT TIME TERMINATING, THE COUNCIL COULD THEN INTRODUCE ACTION TO EXTEND iT FURTHER OR ADJOURN TO ANOTHER MEETING. ROLL CALL VOTE: A YES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTPAKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. MAYOR FLOOD INSTRUCTED ATTORNEY KILBRIDE TO PREPARE A RESOLUTION REGARDING THE ADJOURNMENT OF MEETINGS BY 10:30 P.M. MAYOR FLOOD STATED THAT THE MEETINGS COULD BE SHORTENED BY GIVING THE CITY CLERK THE CORRE~ IONS TO THE MINUTES AND TO MOTION TO ACCEPT THE MINUTED WITH AMENDMENTS, RATHER THAN READ- ING THEM OUT. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILWOMAN PHELAN, TO BRING TO THE FLOOR AN ATTORNEY KILBRIDE READ FOR TH~ FIRSg TIME BY %IT~E ONLY AN ORDINANCE AMENDING SECTION 24-2 OF THE CODE OF ORDINANCES BY CLA~FFI~G tHE DEfiNITION OF A SUBDIVISION; PROVIDING AN EFFECTIVE DATE. ~J __ -- U MOTION BY COUNCILWOMAN PHELAN, SECONDED BY COUNCILMAN VOTPAKA, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE AMEND/~SE~T_L~N 24-2 OF THE CODE OF ORDINANCES BY CLARIFYING THE DEFINITION OF A SUBDIVISION; P~O~i~ING~Z~N EFFECTIVE DATE. ROLL CALL VOTE: ~ AYES' COUNCILWOMAN PHELAN 0 J~I MA ER A PUBLIC HEAR S E METTING. 1981 , CARRIED. PRIOR TO THE WORKSHOP MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN OBERBECK, TO BRING TO THE FLOOR AN ORDINANCE FOR OCCUPATIONAL LICENSES. CARRIED. ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE AMENDING SECTION 14-2 OF THE CODE OF ORDINANCES BY PROVIDING FOR TWO YEAR OCCUPATIONAL LICENSES; AMENDING SECTION 14-10 OF THE CODE OF ORDINANCES BY SETTING DELINQUENCY DATE OF LICENSES TO BE ON OCTOBER FIRST OF ODD NUMBERED YEARS; INCREASING DELINQUENCY PENALTY TO $100.00; INCREASING OPERATING BUSINESS WITHOUT LICENSE PENALTY TO $100.00; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILWOMAN PHELAN, THAT WE ADOPT THE ORDINANCE, HAVE THE DELINQUENCY PENALTY ONLY AND THE TERM OF ONE YEAR STAND AS IT IS WRITTEN IN THE CODE. ROLL CALL VOTE: AYES: NAYS: COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN COUNCILMAN OBERBECK VICE MAYOR GASS MAYOR FLOOD MOTION NOT CARRIED. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN OBERBECK, TO GO WITH THE PENALTIES AND TWO YEAR LICENSES. ROLL CALL VOTE: A YES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK MAYOR FLOOD COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN CARRIED. REGULAR COUNCIL MEETING - OCTOBER 12, 1981 ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE AMENDING SECTION 14-2 OF THE CODE OF ORDINANCES BY PROVIDING FOR TWO YEAR LICENSES; AMENDING SECTION 14-10 OF THE CODE OF ORDINANCES BY SETTING DELINQUENCY DATE OF LICENSES TO BE ON OCTOBER FIRST OF ODD NUMBERED YEARS; INCREASING DELINQUENCY PENALTY TO $100.00; INCREASING OPERATING BUSINESS WITHOUT LICENSE PENALTY TO $100.00; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECT~ IVE DATE. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE ~AYOR GASS, TO ACCEPT THE FIRST READING OF AN ORDINANCE AMENDING SECTION 14-2 OF THE CODE OF ORDINANCES BY PROVIDING FOR TWO YEAR OCCUPATIONAL LICENSES; AMENDING SECTION 14-10 OF THE CODE OR ORDINANCES BY SETTING DELINQUENCY DATE OF LICENSES TO BE ON OCTOBER FIRST OF ODD NUMBERED YEARS; INCREASING DELINQUENCY PENALTY TO $100.00; INCREASING OPERATING BUSINESS WITHOUT LICENSE PENALTY TO $100.00; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. ROLL CALL VOTE: A YES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK MAYOR FLOOD COUNCILMAN VOTPAKA COUNCILWOMAN PHELAN CARRIED. COUNO~LMAN VOTAPKA AND COUNCILWOMAN PHELAN VOTED NAY BECAUSE THEY WERE NOT IN AGREEMENT WITH THE TWO YEAR LICENSE TERM. MEETING ADJOURNED AT 11:25 P.~.~ CITY CLERK MAYOR