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Home My WebLink About11101980MINUTES OF REGULAR COUNCIL MEETING - NOVEMBER 10, 1~80 PG 1 ~' ~. !i MEETING WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR. AT 7:00 P.M. PRESENT: VICE MAYOR LEWIS GRAY, COUNCILMAN FRANK OBERBECK, COUNCILWOMAN DOROTHY McKINLEY, COUNCILMAN EVERETT GASS, MAYOR PAT FLOOD,~ JR., CITY ATTORNEY DANIEL KILBRIDE. THE CITY CLERK INFORMED MAYOR FLOOD THAT SOMEONE IN THE AUDIENCE WOULD LIKE PERMISSION TO SPEAK. SINCE THIS WAS NOT ON THE AGENDA, MAYOR FLOOD CALLED FOR A MOTION. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GRAY, TO ALLOW THE SPEAKER TO HAVE THE FLOOR. CARRIED. AUXILIARY POLICEMAN BERT EATON, TOGETHER WiTH AUXILIARY POLICEWOMAN SONJA MILLS, PRESENTED TO MAYOR FLOOD, CHIEF CUMMINS AND EX-COUNCILMAN RANDY JOACHIM, PLAQUES NAMING THEM AS HONORARY MEMBERS OF THE AUZILIARY POLICE IN APPRECIATION OF THEIR SUPPORT. MAYOR FLOOD AND CHIEF CUMMINS ACCEPTED THE PLAQUES WITH THANKS. MAYOR FLOOD ADDED THAT HE APPRECIATED THE HELP THE AUXILIARY POLICE HAVE GIVEN THE CITY. MR. JOACHIM WAS NOT PRESENT AND HIS PLAQUE WILL BE FORWARDED TO HIM. MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN McKINLEY, TO ISSUE A PROCLAMATION DECLARING NOVERMBER 16-22, 1980, AMERICAN EDUCATION WEEK. CARRIED. REGARDING APPROVAL OF THE MINUTES OF PREVIOUS MEETING, COUNCILMAN GASS REMARKED THAT IN THE MINUTES OF THE MEETING OF OCTOBER 29 WHERE IT WAS AGREED TO MEET WITH THE PEOPLE FROM COLLIER CREEK, HE VOLUNTEERED TO GO WITH THEM AND DID, AND WOULD LIKE THE RECORDS TO SHOW THAT. MOTION BY COUNCILWOMAN McKINLEY, SECONDED BY COUNCILMAN GASS, TO APPROVE AS AMENDED THE MINUTES OF REGULAR COUNCIL MEETING 9/8/80, 9/17/80, PUBLIC HEARING 9/30/80, 10/8/80, SPECIAL MEETING 10/8/80 PUBLIC HEARING 10/13/80, REGULAR COUNCIL MEETING 10/13/80, 10/29/80. CARRIED COUNCILMAN 70BERBECK REPORTED THAT BALLFIELD ON BARBER STREET. ~ ~¥/ COUNCImOMAN McKINLEY, REPORTED FLAG Z'OLE iN CEMETERt' ROKE FIX IT. COUNCILMAN GASS REPORTED THAT HE HAD ONE ~T ~ REQUEST AND KNEW OF THREE MORE COMING SO HE WILL CHECK THEM ALL AT ONE TIME. L CHIEF CUMMINS REPORTED THAT 364 COMPLAINTS W~RE .~A~LED BY THE POLICE DEPARTMENT DURING THE MOUTH OF OCTOBER, NOT INCLUDING TRAFFIC STOPS. ~j MR. WEHR REPORTED THAT THE STREET DEPARTMENT WORKED A TOTAL OF 2,060 HOURS. EXPENDITURES AMOUNTED TO VALUE oF 1,612, ToTa'r.]co __LaOc IL N SINCE THIS zS THE EGINNZNG OF THE FISCAL YEAR ~F=RTEr 6N T~_E AN~UaL%AUDIT~ ~CR LAST YEAR. TOTAL CONSTRUCTION AND TOTAL PERMIT FEES THE SAME. MR. ROBERT THOMAS REPORTED THAT THE AIRPORT ADVISORY BOARD AT A MEETING ON NOVEMBER 10 INTERVIEWED MR. MOREY RAYMOND WHO PEOPOSES TO OPEN UP A FIXED BASE OPERATION ON THE GOLDSTAR BUILDING, WHICH HE IS NEGOTIATING TO PURCHASE. MR. PAYMOND"S ATTORNEYS WILL BE MEETING WITH MR. KILBRIDE TO WORK OUT THE ARRANGEMENTS AND DETAILS FOR TRANSFER OF THE LEASE. THE AIRPORT ADVISORY BOARD RECOMMENDED THAT THIS OPERATION BE APPROVED. MORE DETAILS WILL BE FORTHCOMING AT THE NEXT COUNCIL MEETING ON NOVEMBER 19. MR. KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE GRANTING AN EXCLUSIVE FRANCHISE TO GENERAL DEVELOPMENT UTILITIES TO OPERATE AND MAINTAIN A WATER DISTRIBUTION SYSTEM. HE ADVISED THAT THIS ORDINANCE WAS PREPARED AFTER NEGOTIATION WITH GENERAL DEVELOPMENT UTILITIES AND THEIR COUNSEL AND THEY USED OUR GENERAL FRANCHISE ORDINANCE TO PREPARE THIS ONE. UNDER SETTING OF CERTAIN RATES THERE WERE SOME DISCREPANCIES. SOME CHANGES HAVE BEEN MADE AND THE SUBSTITUTE PAGES WERE GIVEN TO COUNCIL MEMBERS. MAYOR FLOOD ADVISED THAT FINAL PASSAGE OF THIS ORDINANCE WILL NOT BE MADE UNTIL THE EXISTING WATER SYSTEM IS BROUGHT UP TO THE STANDARDS OF THE DEPARTMENT OF EXVIRONMENTAL REGULATIONS. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN GASS, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING ON EXCLUSIVE FRANCHISE TO GENERAL DEVELOPMENT UTILITIES, INC., A FLORIDA CORPORATION, TO OPERATE AND MAINTAIN A WATER DISTRIBUTION SYSTEM WITHIN THE CITY OF SEBASTIAN, FLORIDA; SETTING FORTH CONDITIONS AND PRIVILEGES ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR RATES AND CHARGES, AND FOR SERVICE STANDARDS; PROHIBITING THE USE OF INDIVIDUAL WATER SYSTEMS, WITHIN THE FRANCHISE AREA; PROVIDING FOR WATER CONNECTIONS AND PENALITES FOR THE VIOLATION OF SUCH PROVISIONS; AND REPEALING ORDINANCE NO. 175 AND 203 AND ANY ORDINANCES GRANTING A WATER FRANCHISE WITHIN THE CITY OF SEBASTIAN, FLORIDA, TO GENERAL DEVELOPMENT CORPORATION, A DELAWARE CORPORATION OR GENERAL DEVELOPMENT UTILITIES, INC., A FLORIDA CORPORATION. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK COUNCILWOMAN McKINLEY COUNCILMAN GASS MAYOR FLOOD NAYS: NONE CARRIED. MINUTES OF REGULAR COUNCIL NEETING - NOVEMBER 10,1980 PG. 2 A PUBLIC HEARING WILL BE HELD ON NOVEMBER 19 PRIOR TO THE REGULAR COUNCIL MEETING. MR. KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE GRANTING AN EXCLUSIVE FRANCHISE TO GENERAL DEVELOPMENT UTILITIES TO OPERATE AND MAINTAIN A SEWAGE COLLECTION AND DISPOSAL SYSTEM. MR. KILBRIDE STATED THAT HE HAD SUBSTITUTE PAGES FOR THIS ORDINANCE ALSO. MAYOR FLOOD ADVISED THAT THIS ORDINANCE WOULD NOT BE PASSED UNTIL WE LEARN DEFINITELY WHERE THE PLANT WILL BE SOCATED. MR. KILBRIDE ADDED THAT BOTH ORDINANCES COVER UNITS 7,8, AND 9 ONLY AND IN THE FUTURE WHEN OTHER UNITS ARE ADDED, IT WILL ONLY TAKE AN AMENDMENT TO THE ORDINANCE. MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN McKINLEY, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE TO GENERAL DEVELOPMENT UTILITIES, INC., A FLORIDA CORPORATION, TO OPERATE AND MAINTAIN A SEWAGE COLLECTION AND DISPOSAL SYSTEM WITHIN THE CITY OF SEBASTIAN, FLORIDA; SETTING FORTH CONDITIONS AND PRIVILEGES ACCOMPANYING THE GRANT OF FRANCHISE; PRO- VIDING FOR RATES AND CHARGES, AND FOR SERVICE STANDARDS; PROHIBITING THE USE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEMS AND/OR SEPTIC TANKS WITHIN THE FRANCHISE AREA; PROVIDING FOR SEWER CONNECTIONS AND PENALTIES FOR THE VIOLATION OF SUCH PROVISIONS; AND REPEALING ORDINANCE NO. 175 AND 203 AND ANY ORDINANCES GRANTING A SEWER FRANCHISE WITHIN THE CITY OF SEBASTIAN, FLORIDA, TO GENERAL DEVELOP- MENT CORPORTION, A DELAWARE CORPORATION OR GENERAL DEVELOPMENT UTILITIES, INC., A FLORIDA COR- PORATION. ROLL CALL VOTE: AYES: · VICE MAYOR GRAY COUNCILMAN OBERBECK COUNCILWOMAN MCKINLEY COUNCILMAN GASS MAYOR FLOOD A PUBLIC HEmING WILL BE .ELD ON NOVEMBER PR_OR TO REGU COUNCIL MEETING. MOTION BY COUNCILMAN OBERBECK, SEC~N~D~BY__ COUNCILMAN--qA~S' TO GIVE THE CONTRACTORS A 30 DAY EXTENSION, UNTIL THE NEXT COUNCIL ~G ~ DEG-F, MBER 8--FO MOVE THEIR OFFICES OUT OF THE MODEL HOMES. ROLL CALL VOTE: AYES: NAYS ALSO DOES NOT ¥ I CLERK'S OFFICE i~R-,'ANYONE .NH6~44A~TEl~--T( V/~MA~R--~RAY C VU SERSECK CO~CrLWd~N McKINLEY CARRIED 00~ R~D~US ANi~ NOTIFYII~GAO~NERS ~F UNDEVELOPED LAND E~X~L~YEE ~EING AUTHOR~E~ TO R~M$IN IN THE MODEL, AND THE CITY CLERK READ A LETTER FROM RICHARD SZELUGA, THE PRESIDENT OF THE SEBASTIAN HIGHLANDS PROPERTY OWNERS ASSOCIATION, REQUESTING PERMISSION TO USE THE SEBASTIAN SOCIAL CENTER FOR THEIR MEETING ON THE FIRST MONDAY OF EVERY MOTH AND~ ANY OTHER TIME THE SOCIAL CENTER IS NEEDED FOR THEIR USE. MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN McKINLEY, TO PERMIT THE SEBASTIAN HIGHLANDS PROPERTY OWNERS ASSOCIATION TO USE THE SEBASTIAN SOCIAL CENTER FOR THEIR REGULAR MONTHLY MEETINGS THE FIRST MONDAY OF EACH MONTH. · ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK COUNCILWOMAN McKINLEY COUNCILMAN GASS MAYOR FLOOD NAYS: NONE CARRIED. MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILMAN OBERBECK, TO PERMIT THE SEBASTIAN HIGHLANDS PRO- PERTY OWNERS ASSOCIATION TO USE THE SEBASTIAN SOCIAL CENTER FOR WHATEVER SPECIAL MEETING THE ASSO- CIATION MAY REQUIRE, PROVIDING THE SEBASTIAN SOCIAL CENTER IS AVAILABLE ON THE DATES SPECIFIED. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK COUNCILWOMAN McKINLEY COUNCILMAN GASS MAYOR FLOOD NAYS: NONE CARRIED. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN MCKINLEY, TO CHANGE THE NAME OF THE SEBASTIAN SOCIAL CENTER BACK TO THE SEBASTIAN YACHT CLUB. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GARY COUNCILMAN OBERBECK COUNCILMAN GASS MAYOR FLOOD NONE CARRIED. MINUTES OF REGULAR COUNCIL MEETING - NOVEMBER 10, 1980 PG...3 THERE FOLLOWED A DISCUSSION OF A PROPOSED CONTRACT WITH AQUATIC WEED CONTROL FOR THE COLUMBUS STREET CANAL AND DITCHES IN UNITS 1,2,3, AND 4. THERE IS SOME DISCREPANCY IN THE FOOTAGE AND MR. WEHR WILL CHECK INTO THIS. SINCE THE CONTRACT WE ALREADY HAVE FOR UNIT 1 EXPIRES IN MARCH, MAYOR FLOOD SUGGESTED THAT WE GO MONTH BY MONTH UNTIL THAT TIME AND THEN HAVE A CONTRACT COVERING EVERYTHING. MR. KILBRIDE ADVISED THAT SINCE A SERVICE IS BEING PERFORMED, IT IS NOT NECESSARY TO PUT THIS OUT TO BID. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILWOMAN McKINLEY , TO RUT OUT A BID FOR ANYONE INTERESTED MOW THE OVERGROWN LOTS AND CLEAN THE DRAINAGE POND IN THE RIVER'S EDGE SUBDIVISION. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK COUNCILWOMAN McKINLEY COUNCILMAN GASS MAYOR FLOOD NAYS: "NONE CARRIED. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN McKINLEY, TO SET THE RATES FOR LOT MOWING AT $35.00 AND HOUR' FOR THE EQUIPMENT AND THE OPERATOR, PER MAN, PIECE OF EQUIPMENT. PER HOUR, AND $20.00 AN HOUR ON HAND WORK PER MAN PER SMALL EQUIPMENT. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN McKINLEY, TO AMEND THE MOTION BY ADDING THE STIPULATION THAT THE ORDINANCE BE CHECKED TO SEE IF IT CONTROLS THE RATE FOR LOT MOWING. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK COUNCILWOMAN McKINLEY F ,oo \ V I NAYS: A'ONE \/ CARRIED. MOTION BY VICE MAYOR GRAY, SECONDE~ ~ C~U,¥CILMAiV GASS,[ ~gl l ACCEPT WITH REGRET THE RESIGNATION OF CLAUDIA SCHWENK FROM THE VARIANCE BOAF2~. C, ARRIE~, MOTION BY COUNCILMAN GASS, SECONDED BY COU~J~MA~BECK, TO PERMIT M~. JOHN GILL TO SERVE ALCOHOLIC BEVERAGES AT A WEDDING RECEPTIO£ A4" THF ~F~ASTIAN YACHT CLUB ON NOVEMBER 12. CARRIED. THE CITY CLERK READ A LETTER FROM ASSISTANT COUA'T~_~TTORNEY ANTHONY SOVIERO REQUESTING THAT A REPRE- SENTATIVE BE APPOINTED TO THE TECHNICAL ADVI~OPY C~MMITTEE FOR DEVELOPMENT OF THE COMPREHENSIVE LAND USE PLAN FOR INDIAN RIVER COUNTY, VICE MA~O~G~AY~UGGESTED THAT MAYOR FLOOD SHOULD BE APPOINTED BUT MAYOR FLOOD STATED THAT MAYBE SOMEONE WITH FfORE TECHICAL KNOWLEDGE MIGHT BE REQUIRED. THIS ASPECT WILL BE CHECKED AND THE MATTER BROUGHT BACK TO THE COUNCIL AT THE NEXT MEETING. PLANNING COMMISSlqgN_3W3R F-URT~E~IO~ ~ ~ -- -- IN MAKING HIS REGULAR REPORT ON THE RIVER'S EDGE SUBDIVISION, MAYOR FLOOD REMARKED THAT THE DE- PARTMENT OF ENVIRONMENTAL REGULATIONS HAD TAKEN WATER SAMPLES FOR THE REQUIRED 20 DAYS AND ADVISED THAT THE BACTERIA COUNT WAS NOT HARMFUL. WE CAN'T PURSUE THE MATTER ANY FURTHER UNTIL DER BRINGS ACTION AGAINST MR. KEPPLER. WE HAVE BEEN TRYING TO TELL THEM THAT THE WATER IS GETTING WORSE INSTEAD OF BETTER. MR. KILBRIDE STATED THAT THE DER, THREE YEARS AGO, ORDERED MR. KEPPLER TO NOTIFY EVERY PROPERTY OWNER IN THE SUBDIVISION THAT THE WATER SYSTEM IS NOT A LICENSED WATER SYSTEM AND DOES NOT COMPLY WITH THE STANDARDS OF THE DAFE DRINKING WATER ACT. SINCE HE FAILED TO DO SO, THEY HAVE NOW TAKEN HIM TO COURT, BUT HE HAS COMPLETELY IGNORED THIS ALSO. SINCE THE CITY HAS BECOME ACTIVELY INVOLVED WITHIN THE LAST FEW MONTHS, THE BUILDING DEPARTMENT AND THE CONTRACTORS HAVE BEEN INSTRUCTED TO NOTIFY PROPERTY OWNERS THAT IF THEY WANT TO CONTINUE WITH CONSTRUCTION OR GET A CERTIFICATE OF OCCUPANCY THEY MUST PUT IN OCCUPANCY THEY MUST PUT IN THEIR OWN WELL 'AND CANNOT~'> HOOK INTO'~THE SYSTEM. MAYOR FLOOD PROMISED TO CHECK TO SEE IF/~ CERTIFICATE OF OCCUPANCY HAD BEEN ISSUED FOR A NEWLY CONSTRUCTED HOUSE. MAYOR FLOOD SUGGESTED THAT HE AND A MEMBER OF THE PROPERTY OWNERS ASSOCIATION SHOULD GO TO THE LAND SALES BOARD IN TALLAHASSEE. MAYOR FLOOD ALSO ADVISED THAT IN DOING SOME CHECKING, HE FOUND IN THE MINUTES WHERE FiR. KEPPLER HAD COME TO THE CITY REQUESTING THAT HE BE PERMITTED TO CHANGE HIS PLOT PLAN TO TRANSFER THE TENNIS COURT TO ANOTHER LOT AND HE HAS MADE A STATEMENT SINCE THAT TIME THAT HE NEVER PROMISED A TENNIS COUNT. IT WAS SUGGESTED THAT THE PEOPLE SHOULD WRITE LETTERS OR PHONE THE DER AND PERHAPS SEND A TELEGRAM TO GOVERNOR GRAHAM AND HE WILL TALK TO REPRESENTATIVE DALE PATCHETT AND SENATOR LEWIS AND TRY TO GET SOMETHING DONE. MR. KILBRIDE PRESENTED A RESOULUTION DESIGNATING TRACT "A", UNIT 9 SEBASTIAN HIGHLANDS, AS A PUBLIC UTILITY SITE. GENERAL DEVELOPMENT CORPORATION PLANS TO EXPAND THEIR WATER SYSTEM PLANT IN THIS AREA AND THE COUNCIL SUGGESTED THAT A STIPULATION SHOULD BE INCLUDED TO SCREEN THE AREA FROM THE SUR- ROUNDING NEIGHBORS. MAYOR REQUESTED THAT THIS MATTER BE TABLED UNTIL THE NEXT MEETING WHEN HE WILL ASK GENERAL DEVELOPMENT CORPORATION TO PREPARE A SITE PLAN SHOWING HOW THEY PROPOSE TO BEAUTIFY THE AREA. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN McKINLEY, TO TABLE THE RESOLUTION DE- SIGNATING TRACT "A", UNIT 9, SEBASTIAN HIGHLANDS, AS A PUBLIC UTILITY SITE, UNTIL THE NEXT MEETING AkD REQUEST GENERAL DEVELOPMENT CORPORATION TO PRESENT A SITE PLAN. CARRIED. RESOLUTION READ BY MR. KILBRIDE IN ITS ENTIRETY. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN McKINLEY, TO ACCEPT AS READ A RESOLUTION DESIGNATING TRACT "A", UNIT 9, SEBASTIAN HIGHLANDS, AS A PUBLIC UTILITY SITE. CARRIED. MINUTES OF REGULAR COUNCIL MEETING - NOVEMBER 10, 1980 PG 4 MR. KILBRIDE READ BY TITLE ONLY FOR THE FIRST READING AN ORDINANCE CREATING CHAPTER 3-A OF THE CODE OF ORDINANCES RELATING TO THE SEBASTIAN MUNICIPAL AIRPORT. MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILMAN OBERBECK, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE CREATING CHAPTER 3-A OF THE CODE OF ORDINANCES RELATING TO THE SEBASTIAN MUNICIPAL AIRPORT; CREATING THE AIRPORT ADVISORY BOARD; FIXING TERMS AND QUALIFICATIONS OF MEMBERS; ESTABLISHING POWERS AND DUTIES; PROVIDING FOR PROCEEDINGS AND ADMINISTRATION; APPOINTING AN AIRPORT MANAGER; PROVIDING FOR RULES AND REGULATIONS; REPEALING ORDINANCES 0-79-4(1); PRO- VIDING AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK COUNCILWOMAN McKINLEY COUNCILMAN GASS MAYOR FLOOD NAYS: NONE CARRIED. PUBLIC HEARING WAS SET FOR DECEMBER 3 PRIOR TO THE WORKSHOP MEETING. MEETING ADJOURNED AT 10:05 P.M. CITY CLERK MAYOR _