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HomeMy WebLinkAbout10291980MINUTES OF REGULAR COUNCIL MEETING - OCTObeR 29, 1980 WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M. PG I VICE MAYOR LEWIS GRAY, COUNCILMAN FRANK OBERBECK, COUNCILWOMAN DOROTHY McKINLEY,' COUNCILMAN EVERETT GASS , MAYOR PAT FLOOD, JR.,~ AND CITY ATTORNEY DANIEL KILBRIDE. MAYOR FLOOD URGED EVERYONE TO COME OUT AND VOTE ON ELECTION DAY. IT'S IMPORTANT AND A CRUCIAL TIME FOR ALL OF US. FOR THE BENEFIT OF IVE MAYOR GRAY, WHO WAS NOT PRESENT AT THE LAST MEETING, MR. KILBRIDE EXPLAINED THAT THE "UTILITIES" ORDINANCE HAD BEEN CHANGED WITH THE CONSENT OF ALL PARTIES CONCERNED. THE KEY SENTENCE IS BASICALLY: "THE CiTY SHALL HAVE THE RIGHT TO PURCHASE THE REMAINING ASSETS OF THE UTILITY BASED ON THE AVERAGE OF THE NET ORIGINAL COST, AND A PRICE AS COMPUTED AND AGREED UPON BY THREE COMPETENT AND QUALIFIED APPRAISERS". MR. KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY THE "UTILITIES" ORDINANCE. MOTION BY COUNCILWOMAN McKINLEY, SECONDED BY CONCILMAN GASS, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 27 OF THE CODE OF ORDINANCES, RELATING TO "UTILITIES" BY AMENDING METHOD OF PURCHASE OF A UTILITY BY CITY; ESTABLISHING PRO- CEDURE FOR FIXING AND CHANGING RATES; PROVIDING SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK COUNCILWOMAN McKINLEY COUNCILMAN GASS MAYOR FLOOD NAYS: NONE. CARRIED. . KILBRIDE READ FOR THE THIRD AND FINALIZE BY TI~L~'O UTILITIES" ORDINANCE. SECTIONS OF CHAPTER 27 OF THE CODE OF O~D.~NA~CES, REAA_ING ~OI"UTILITIES BY AMENDING METHOD OF PUR- CHASE OF A UTILITY BY CITY; ESTABLISHING'q~R~UE~E FGP~ FIXIA~2AND CHANGING RATES; PROVIDING SEVER- ABILITY CLAUSE; PROVIDING AS EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE ~GRAY----Y-~ NAYS: NONE. CARRIED. GENIAL DEVELOPMENT X / X THE CURRENT MEMBERS 3 WmE REAP p3N FOLLOWING LENGTH OF TERMS: GREGORY GOLIEN (CHAIRMAN), WILLIAM MESSERSMiTH, GEORGE ETIENNE, JOHN GOSNELL - 3 YEARS; MARY BOSTIAN, BETTLE BOCK, GEORGE ORTH - 2 YEARS. MAYOR FLOOD STATED THAT TWO NEW MEMBERS WILL BE APPOINTED TO THE AIRPORT ADVISORY BOARD AT THIS MEETING. EDWARD PALUCH, CHAIRMAN, HAS SERVED TWO YEARS AND HAS ONE MORE YEAR, WHICH WOULD GIVE HIS THREE YEARS. HE WOULD BE REAPPOINTED NEXT YEAR. MAYOR FLOOD SUGGESTED THAT THE TWO MEMBERS SHOULD BE APPOINTED FOR THREE YEARS AND THE CURRENT MEMBERS - EDWARD PALUCH, ROBERT AND JOHN MARICH, FOR TWO YEARS. ON THE VARIANCE BOARD SYLVIA FLOOD AND WALTER SHIELDS WOULD SERVE THREE YEAR TERMS. ALSO THE ALTERNATE WOULD SERVE THREE YEARS. LOUIS PRIORE , CHAIRMAN, AND ARNOLD PECHSTEIN, WOULD SERVE TWO YEAR TERMS. MAYOR FLOOD MENTIONED THAT CLAUDIA SCHWENK IS RESIGNING FROM THE VARIANCE BOARD. THEREFORE, A NEW MEMBER IS NEEDED, WHO WOULD SERVE FOR THREE YEARS. HE ADDED THAT HE WOULD LIKE TO HAVE SOME APPLICANTS FOR THE VACANCIES. MAYOR FLOOD ADVISED THAT IT IS THE CITY'S POLICY THAT IF A MEMBER OF ANY COMMITTEE MISSES THREE STRAIGHT MEETINGS, HE WILL BE REPLACED, AND THERE WERE TWO OPENINGS ON THE AIRPORT ADVISORY BOARD. THE BOARD RECOMMENDED THAT JAMES HENDRY AND DR. BARRY GORDON BE APPOINTED FOR THREE YEARS AND EUGENE LOEFFLER, SR. WOULD SERVE AS AN ALTERNATE. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN GASS, TO APPROVE THE APPOINTMENT OF THE MEMBERS OF THE AIRPORT ADVISORY BOARD AS FOLLOWS: JAMES HENDRY AND DR. BARRY GORDON - 3 YEARS; EDWARD PALUCH, ROBERT THOMAS AND JOHN MARICH - 2 YEARS; EUGENE LOEFFLER, SR. - ALTERNATE. CARRIED. 'MAYOR FLOOD STATED THAT THE AIRPORT ADVISORY BOARD WOULD LIKE TO INCREASE THEIR MEMBERS FROM 5 TO 7 AND REQUESTED MR. KILBRIDE TO PREPARE AN ORDINANCE TO THAT EFFECT, FOR THE WORKSHOP MEETING ON NOVEMBER 5. MAYOR FLOOD ADVISED THAT HE WAS IN RECEIPT OF A LETTER AND PETITION FROM RESIDENTS OF THE COLLIER CREEK AREA OF SEBASTIAN HIGHLANDS RELATIVE TO THE CONDITION OF THE DAM AND THE STATE OF DISREPAIR. MAYOR FLOOD STATED THAT THE WATER LEVEL IN COLLIER CREEK AND LAKE HARDEE HAS BEEN AN ON-GOING PROBLEM AND AT THE PRESENT TIME IS COMPOUNDED BY THE LACK OF RAIN. THERE IS MONEY AVAILABLE TO REPAIR THE DAM, BUT IS A QUESTION AS TO WHICH IS THE BETTER WAY TO GO. MAYOR FLOOD SUGGESTED THAT A COMMITTEE BE UP OF FOUR OR FIVE RESIDENTS AND HE WILL MEET WITH THEM TOMORROW MORNING AND GO OUT AND TOUR THE AREA AND WORK OUT THE PROBLEM TOGETHER. HE WILL ALSO TRY TO HAVE THE CITY ENGINEER PRESENT. MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN McKINLEY, TO PERMIT CHARLES SILVA TO PARK A TRAILER TEMPORARILY ON LOT 17, BLOCK 201, UNIT 8, SEBASTIAN HIGHLANDS. CARRIED. MINUTES OF REGULAR COUNCIL MEETING - OCTOBER 29/ 1980 PG 2 7 ]. 9 COUNCILMAN GASS, SECONDED BY COUNCILWOMAN McKINLEY, TO PERMIT CHARLES REED TO PARK A TRAILER ON LOT 2, BLOCK 391, UNIT 11, SEBASTIAN HIGHLANDS. CARRIED. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN McKINLEY, TO PERMIT THE JUNIOR WOMEN'S CLUB TO USE THE SEBASTIAN SOCIAL CENTER, FREE OF CHARGE, FOR A HAUNTED HOUSE ON OCTOBER 31. CARRIED. IN RESPONSE TO A QUESTION FROM MRS. BRICKER (BARB's BATH BOUTIQUE), MAYOR FLOOD ADVISED THAT IT WAS NOT NECESSARY FOR HEN TO HAVE A PERMIT TO SERVE FOOD AT HER SHOP, WITHOUT CHARGE, DURING CHRISTMAS WEEK. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILWOMAN MCKINLEY, TO PERMIT THE SEBASTIAN VOLUNTEER FIRE DEPARTMENT AND AMBULANCE SQUAD TO SERVE ALCOHOLIC BEVERAGES AT THEIR CHRISTMAS PARTY AT THE SOCIAL CENTER ON DECEMBER 20. CARRIED. AS REQUESTED BY THE ORANGE HEIGHTS PROPERTY OWNERS ASSOCIATION, CAPTAIN JOHN MELTON ADVISED THAT THE SPEED REGULATING SIGh' ON TEMPLE STREET HAS BEEN REPLACED. COUNCILWOMAN McKINLEY READ A LETTER ADDRESSED TO THE SEBASTIAN CiTY COUNCIL FROM THE SEBASTIAN CEMETERY ASSOCIATION, INC., REQUESTING PERMISSION TO FERTILIZE AND APPLY INSECTICIDE TO THE LAWN OF THE SEBASTIAN CEMETERY AT A COST OF $825. MR. WEHR REPORTED THAT HE TALKED)TO THE FORESTRY DEPARTMENT TO DETERMINE HOW OFTEN THIS SHOULD BE DONE AND WAS INFORMED THAT THIS WAS A MATTER FOR THE AGICULTURAL BUREAU. MAYOR FLOOD SUGGESTED THAT AS LONG AS THE CEMETERY ASSOCIATION WAS WILLING TO PAY, WE SHOULD ALLOW THEM TO GO AHEAD. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GRAY, TO PERMIT THE SEBASTIAN CEMETERY ASSOCIATION, INC. TO FERTILIZE AND APPLY INSECTICIDE TO THE LAWN OF THE SEBASTIAN CEMETERY. CARRIED. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN MCKINLEY, TO SIGN THE AGREEMENT WITH MR. CHARLES ROLL CALL VOTE: AYES: VICE MAYOR G~Y COt'NC ILMAN O~]RBECK MA Y OB--imLOO ~ NAYS: NONE. CARRIED. MR. KILBRIDE POINTED O~T~CTHAT 1-~ TEIS~A~",TI(~N;~}ATRE ~K~N IT WOULD RFQUIR~ a ~FR~UM BY THE voTERs TO OF A PARK. MR. KILBR~EA~ IN]I~I~Y ~~ION ~DIC~N~L~ ~~WATER PARK DUBDIVISION, IN THE CITY OF SEBASTIAN, AS A PUBLIC PARK AND RECREATION A~A. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN McKINLEY, TO ADOPT A RESOLUTION DEDICATING BLOCK 7, EDGEWATER PARK SUBDIVISION, IN THE CITY OF SEBASTIAN, AS ~' PUBLIC PARK AND RECREATION AREA. ROLL CALL VOTE: AYES: VICE ~MAYOR GRAY COUNC.ri2W~AN OBERBECK COUNCILWOMAN McKINLEY COUNCILMAN ., GASS. . MAYOR FLOOD NAYS: NONE. CARRIED. VICE MAYOR GRAY SUGGESTED THAT IT SHOULD BE A MATTER OF RECORD THAT AT SOME FUTURE DATE, IF THE PARK IS EVER GIVEN A NAME, THE NAME "BURR" SHOULD BE INCLUDED. EVERYONE CONCURRED. MR. KILBRIDE STATED THAT HE STILL HAD NOT RECEIVED HTE GOLF COURSE RESOLUTION FROM THE BOND COUNSEL. FOR THE BENEFIT OF THE PUBLIC, MR. KILBRIDE EXPLAINED THAT THE BOND ISSUE IS GOING TO BE REVENUE BONDS WHICH WILL BE SUPPORTED BY INCOME FROM THE GOLF COURSE. GUARANTEEING THE BONDS WITH OUR UNALLOCATED FUNDS WILL NOT AUTOMATICALLY CHANGE IT FROM REVENUE TO GENERAL OBLIGATION. GENERAL OBLIGATION IS A PLEDGE THAT THE CITY MUST LEVY SUFFICIENT MILLAGE IN ORDER TO GUARANTEE PAYMENT. WITH THE REVENUE BONDS, IF THE REVENUE FROM THE GOLF COURSE IS NOT SUFFICIENT TO MEET THE DEBT SERVICE, THEN THE CITY WILL GIVE WHAT UNALLOCATED SURPLUS IT HAS. MAYOR FLOOD ADDED THAT IF THE COURSE FAILED, THE CITY HAS THE OPTION TO SELL IT TO THE BOND HOLDERS OR ON THE OPEN MARKET. AS SOON AS THE BOND RESOLUTION IS RECEIVED, IT WILL BE PRESENTED TO THE COUNCIL. SINCE MR. KILBRIDE HAS NOT YET PREPARED A RESOLUTION DESIGNATING TRACT "A", UNIT 9, SEBASTIAN HIGHLANDS, SOLELY AS A UTILITY SITE, THIS MATTER WAS TABLED. MOTION BY COUNCILMAN OBERBERK, SECONDED BY COUNCILWOMAN MCKINLEY, TO BRING ON THE FLOOR FOR I~IS- CUSSION THE MODEL HOMES ORDINANCE. SECOND. FLOOD STATED THAT SINCE THERE HAS NOT BEEN SUFFICIENT TIME FOR THE MEMBERS OF THE COUNCIL TO 'TUDY THIS ORDINANCE, NO ACTION WOULD BE TAKEN TONIGHT. MR. KILBRIDE EXPLAINED THAT THE ORDINANCE ALL 10 POINTS THAT BEEN PREVIOUSLY DISCUSSED, BUT HE HAS ADDED ANOTHER PROVISION CALLING FOR SOME LANDSCAPED BUFFER BETWEEN THE MODEL HOMES AND RESIDENTIAL NEIGHBORS. MAYOR FLOOD STATED THA~ HE DID NOT WANT TO EXTEND THE 45 DAYS WHICH THE CONTRACTORS WERE GIVEN TO MOVE OUT OF THE MODEL MINUTES OF REGULAR COUNCIL MEETING - OCTOBER 29, 1980 PG 3 HOME. MR. MAYER SUGGESTED THAT WE USE OUR HOME OCCUPATIONAL ORDINANCE AS A GUIDELINE UNTIL THE CAN BE PASSED. BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN McKINLEY, TO TABLE THE MODEL HOMES ORDINANCE UNTIL THE WORKSHOP MEETING ON NOVEMBER 5. CARRIED. COUNCILMAN OBERBECK ADVISED THAT HE EXPECTED TO HAVE THE BID FOR THE SPRINKLER SYSTEM AT THE BALLFIELD READY TO BE ADVERTISED BY THE END OF THE WEEK. COUNCILMAN GASS, REPORTED THAT HE DECLINED ONE STREET LIGHT REQUEST, APPROVED ONE, AND MADE ARRANGEMENTS TO RELOCATE ANOTHER. MEETING ADJOURNED AT 8:50 P.M. ~,ITY CLERK MAYOR _