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HomeMy WebLinkAbout11191980MINUTES OF PUBLIC HEARINGS - NOVEMBER 19, 1980 7:00 P.M. PG. 1 .~. PUBLIC HEARING WAS OPENED BY MAYOR PAT FLOOD, .IR. THE CITY CLERK READ NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL ON OCTOBER 19 AND NOVEMBER 16, 1980, TO CONSIDER THE ADOPTION OF AN ORDINANCE ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO. 202, AS AMENDED, OF THE CITY OF SEBASTIAN, THE SAME BEING THE ZONING ORDINANCE OF THE CITY, BY RE- ZONING ALL OF BLOCK 10, HARDEE'S ADDITION TO SEBASTIAN, FROM R-2 MULTIPLE FAMILY DISTRICT, TO M41, RESTRICTED INDUSTRIAL DISTRICT. THERE BEING NO DISCUSSION OF THIS ORDINANCE, PUBLIC HEARING WAS CLOSED. PUBLIC HEARING WAS OPENED BY MAYOR PAT FLOOD, JR. THE CITY CLERK READ NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL ON OCTOB~ 19 AND NOVEMBER 16, 1980, TO CONSIDER THE ADOPTION OF AN ORDINANCE ENTITLED: AN ORDINANCE AMENDING ORDINANCE NO. 202, AN AMENDED, OF THE CITY OF SEBASTIAN, THE SAME BEING THE ZONING ORDINANCE OF THE CITY, BY RE- ZONING LOTS 1,2,3,4,5,6, AND TRACT A, BLOCK 406, AND LOT 1,2,3 AND TRACT G, BLOCK 407, SEBASTIAN HIGHLANDS SUBDIVISION, UNIT NO. 7, FROM R-1, SINGLE FAMILY RESIDENTIAL TO C-l, RESTRICTED COMMERCIAL DISTRICT. MAYOR FLOOD ADVISED THAT THE ZONING AND PLANNING COMMISSION HAD STIPULATED THAT GENERAL DEVELOPMENT CORPORATION REMOVE THE BIG "HOMEFINDERS" SIGN AND THE SEBASTIAN HIGHLANDS SIGN AND THIS HAS BEEN COMPLIED WITH. MR.. McGUIRK REMARKED THAT HE WOULD LIKE TO SEE THE ENTRANCE TO THE TWIN LAKES AREA BEAUTIFIED AND MAYOR FLOOD STATED THAT GENERAL DEVELOPMENT CORPORATION HAD AGREED TO PROVIDE A BUFFER ZONE OF 30' ON EACH SIDE AND MAKE THE ENTRANCE MORE ATTRACTIVE. MR. MEL BROOM SHOWED TWO SIGNS THAT,, WERE PROPOSED TO BE PLAC~N__~___THF ~ S~G~THE SIGNS SAY: "VILIAGES OF SEBASTIAN HIGHLANDS , MEMBERS OF THE AUDIENCE ~,u~J~C','~.'m AND W~JL~ ~I~E TO HAVE A CLARIFICATION OF JUST WHAT NAME SHOULD BE USED. THIS MATTER ILL ~ DISCUSSED FW~E~ AT THE WORKSHOP MEETING NO DECEMBER 3. THERE BEING ON FURTHER DISCUSSION OF~F~S OBDINANCE, P~B~IC HEARING WAS CLOSED. PUBLIC HEARING WAS OPENED BY MAYOR P~FLO~-D, J~. THE CITY CLERK READ NOTICE OF PUBLIC HE~S TT-~PEARED IN THE VERO BEACH PRESS JOURNAL ON NOVEMBER 13, 1980, TO CONSIDER THE ADOPTiOI~ 'OF AN~RDINANCE ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF TFE C~T3~ ~F SEBASTIAN, FLORIDA. GRANTING AN EXCLUSIVE FRANCHISE TO ~EM~L 9E~ELOPMENT UTILITIES, INC., A FLORIDA CORPORATION, TO OPERATE AN~N~ A WATER DISTRIBUTION SYSTEM WITH THE CITY OF SEBASTIAN, FLORIDA; SETTING FORTH CONDITIONS AND PRIVILEG~ACCOM~MY~HE G~ OF ~NCH~R~DIN~OR ~E~ AND PENALTI~ ~R PIlE ]VIOLAT~N ~FI $~H ~SIOA-S; AND REPE~ ORdnaNCE THERE BEING NO FURTHER DISCUSSION OF THIS ORDINANCE, PUBLIC HEARING WAS CLOSED. THE CITY READ NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL NO NOVEMBER 13, 1980, TO CONSIDER THE ADOPTION OF AN ORDINANCE ENTITLED: 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, ;ND 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 PROVISION; AND REPEALING ORDINANCE NO. 175 AND 203 AND ANY ORDINANCES GRANTING A SEWER FRANCHISE WITHIN THE CITY OF SEBASTIAN, FLORIDA, TO GENERAL DEVELOPMENT CORPORATION, A DELAWARE CORPORATION OR GENERAL DEVELOPMENT UTILITIES, INC., A FLORIDA CORPORATION. RICHARD SZELUGA POINTED OUT THAT IN HIS COPY OF THE ORDINANCE, ON PAGE 2, THERE WAS A SENTENCE: "SUBJECT TO SUCH RULES AND REGULATIONS AS THE SAID COMMISSION-" AND QUESTIONED "COMMISSION". MR. KILBRIDE SAID THE WORD SHOULD BE "COUNCIL" AND THE COPIES WILL BE CHANGED. THiS ORDINANCE DOES NOT CONTAIN A COMPLETION DATE, BUT IT WAS EXPLAINED THAT THE FLORIDA LAND SALES BOARD REQUIRES THAT BY DECEMBER, 1983, WATER AND SEWER WILL BE'AVAILABLE IN UNITS 14,i5,16,,'~ND 17 AND ALSO UNIT 7. MAYOR FLOOD STATED THAT THE COUNCIL HAS GONE ON RECORD THAT UNTIL STANDARDS OF SETTING UP THE COST OF HOOKUPS ARE ESTABLISHED AND SITE PLANS ARE PRESENTED FOR LANDSCAPING AROUND THE SEWERAGE PLANT, THIS ORDINANCE WILL NOT BE APPROVED. THERE BEING NO FURTHER DISCUSSION OF THIS ORDINANCE, PUBLIC HEARING WAS CLOSED. CITY CLERK .. "MAYOR MINUTES OF REGULAR COUNCIL MEETING - NOVEMBER 19,1980 PG 1. .~ .~.~ ~ ~PRESENT: VICE MAYOR LEWIS GRAY, COUNCILMAN FRANK OBERBEC(, COUNCILWOMAN DOROTHY McKINLEY, COUNOJLMAN GASS, MAYOR PAT FLOOD, JR., CITY ATTORNEY DANIEL KILBRIDE. CITY CLERK READ NOTICE OF BID AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL ON NOVEMBER 5 AND 9, 1980, FOR A SPRINKLER SYSTEM AT THE BALLFIELD. ONLY ONE BID WAS RECEIVED FROM JORDAN SPRINKLER IN THE AMOUNT OF $6,685.80. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILWOMAN MCKINLEY, TO TURN THE BID OVER TO THE AWARDS COM- MITTEE. CARRIED. A MEETING OF THE AWARDS COMMITTEE WAS SET FOR NOVEMBER 20. COUNCILMAN GASS REPORTED THAT HE DENIED TWO REQUESTS FOR STREET LIGHTS, APPROVED TWO, AND RELOCATED ONE. DALE WEHR REPORTED THAT THE STREET DEPARTMENT EXPENDED A TOTAL OF 84 MAN HOURS AND $1,920. TO CLEAN UP THE LOTS AT RIVER'S EDGE SUBDIVISION. SEVERAL PRIVATELY OWNED LOTS WERE ALSO MOWED AND THOSE INDIVIDUALS WILL BE REIMBURSE 'US. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN MCKINLEY, THAT THE COST BE BROKEN DOWN PER LOT AND MR. KEPPLER NOTIFIED AND BILLED ACCORDINGLY. IF NO RESPONSE IS RECEIVED WITHIN 15 DAYS, A LIEN WILL BE PLACED AGAINST THE PROPERTY. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK COUNCILWOMAN MCKINLEY COUNCILMAN GASS MAYOR FLOOD NAYS: NONE CARRIED. ~. KILBRIDE READ FOR THE SECOND TIME BY O~LY AN ORDI EZONING ALL OF BLOCK 10, HARDEE'S ADDITION TO SEBASTIAN. ~ . ~ MOTION BY COUNCILMAN GASS, SECONDED BY CO~Nt'TL~OMAM McXIWLEY,~T~ ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE AMENDING ORDINANCE NO. 202, AS AM~'~DED,~F T~CITY OF SEBASTIAN, THE SAME BEING THE ZONING ORINANCE OF THE CITY, BY REZONING ALL OF BLOCK 10, HARDEE'S ADDITION TO SEBASTIAN, FROM R-2 MULTIPLE FAMILY DISTRICT, ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBm C I COUNCZ OM{N COUNCILMAN ,U MAYOR FLOOD N_~IFTq.~ ~ -- IED. AS AMENDED, OF THE CITY OF SEBASTIAN, THE SAME BEING THE ZONING ORDINANCE OF THE CITY, BY REZONING ALL OF BLOCK 10, HARDEE'S ADDITION TO SEBASTIAN, FROM R-2 MULTIPLE FAMILY DISTRICT, TO M-i, RESTRICTED INDUSTRIAL DISTRICT. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK COUNCILWOMAN McKINLEY COUNCILMAN GASS MAYOR FLOOD NAYS: NONE CARRIED. MR. KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE REZONING LOTS IN UNIT 7, SEBASTIAN HIGHLANDS. MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN McKINLEY, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE AMENDING ORDINANCE NO. 202, AS AMENDED, OF THE CITY OF SEBASTIAN, THE SAME BEING THE ZONING ORINANCE OF THE CITY, BY REZONING LOTS 1,2,3,4,5, AND 6 AND TRACT A, BLOCK 406, AND LOTS 1,2,3 AND TRACT G, BLOCK 407, SEBASTIAN HIGHLANDS SUBDIVISION, UNIT NO. ~7, FROM R-l, SINGLE FAMILY RESIDENTIAL TO C-I, RESTRICTED COMMERCIAL DISTRICT. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK COUNCILWOMAN McKINLEY COUNCILMAN GASS MAYOR FLOOD NAYS: NONE CARRIED. MR. KILBRIDE READ FOR THE THIRD TIME BY TITLE ONLY AN ORDINANCE REZONING LOTS IN UNIT 7, SEBASTIAN HIGHLANDS. MAYOR FLOOD STATED THAT HE WOULD LIKE TO HAVE APROVISION THAT WE BE PROVIDED WITH A WORKING DRAWING OF THE BUFFER ZONE WHICH IS SUPPOSED TO BE LEFT AND ALSO PLANS FOR THE BEAUTIFICATION OF THE ENTRANCE. MINUTES OF REGULAR COUNCIL MEETING - NOVEMBER 19, 1980 PG BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN McKINLEY, THAT THE ORDINANCE BE ADOPTED BASED ON APPROVAL OF DRAWINGS TO BE SUBMITTED BY GENERAL DEVELOPMENT CORPORATION INDICATING THE BUFFER ZONE IMPROVEMENTS TO THE PROPERTY ENTRANCE. MR. KILBRIDE REMARKED THAT GENERAL DEVELOPMENT CORPORATION HAS ALREADY AGREED TO COMPLY WITH THAT. THE RENONING STANDS ON ITS OWN MERIT. COUNCILWOMAN MCKINLEY WITHDREW HER SECOND AND COUNCILMAN OBERBECK WITHDREW THE MOTION. MOTION BY COUNCILMAN OBERBECK, SECOUDED BY VICE MAYOR GRAY, TO TABLE THE ADOPTION OF THIS ORDINANCE UNTIL THE ABOVE REQUESTS ARE COMPLIED WITH. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK COUNCILWOMAN MCKINLEY COUNCILMAN GASS MAYOR FLOOD NAYS: NONE CARRIED. MAYOR FLOOD ADISED THAT THE ORDINANCES GRANTING EXCLUSIVE FRANCHISES TO GENERAL DEVELOPMENT CORPORATION FOR A WATER DISTRIBUTION SYSTEM AND A SEWAGE COLLECTION AND DISPOSAL SYSTEM WOULD BE READ FOR THE SECOND TIME BY TITLE ONLY. THE THIRD AND FINAL READING OF THESE ORDINANCES IN THEIR ENTIRETY WILL BE DONE AT A LATER DATE WHEN GENERAL DEVELOPMENT CORPORATION HAS COMPLIED WITH THE DEPARTMENT OF ENVIRONMENTAL REGULATIONS REGARDING THE WELL SYSTEM. MR. KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE GRANTING AN EXCLUSIVE FRANCHISE TO GENERAL DEVELOPMENT CORPORATION FOR A WATER DISTRIBUTION SYSTEM. BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN McKINLEY, TO ACCEPT THE SECOND READING BY TITLE ONLY AN ORDINANCE OF THE CITY COUNCIL OF THE/~3~Y OF--S~BASTI~N~F~IDA, GRANTING AN EXCLUSIVE FRANCHISE TO 'TEar WZTHZN THE CZTY OF SEBASTZAN, FLOR_ ;"-' ETTZNG FORTH C DfTZONS AND PRZVZLEGES ACCOMPANYZNG THE GRANT OF FRANCHZSE; PROVZDZNG FOR RATES AND CHARGZS,,? D FOR SYSTEMS, WITHIN THE FRANCHISE ~EA; PROVIDIN~ ~0~ ~TE~ CONNECTIONS AND PENALTIES FOR THE VIOLATION OF SUCH PROVISIONS; AND REPEALING ORDINANCE NO. 1~ 20~ AND~NY O~NANCES GRATING A WATER FRANCHISE WITHINTHE CITY OF SEBASTIAN, FLORIDA, TO GENE~L DEVELOPMENT CORPORATION, A DELAW~E CORPORATION OR GENERAL DEVELOPMENT UTILITIES, INC., A FLORIDA CORPO~TION. / .... ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCi~AN OBE~BECK ~ co .cz AN I MAYOR FLOOD ~ ~ NAYS: NONE CARRIED. MR ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, GRANTINGAN 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 STANDARD; PROHIBITING THE USE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEMS AND/OR SEPTIC TANKS WITHIN THE FRANCHISE AREA; PROVIDING FOR SEWER CONNECTIONS AND PENALTIES FOR THE OF SUCH PROVISIONS; AND REPEALING ORDINANCE NO. 175 AND 203 AND AND ORDINANCES GRANTING A SEWER WITHIN THE CITY OF SEBASTIAN, FLORIDA, TO TENERAL DEVELOPMENT CORPORATION, A DELAWARE CORPORATION 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. MR. KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE PERMITTING THE OPREATION OF "MODEL HOMESg. MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN McKINLEY, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE AMENDING ORDINANCE NO. 202, AS AMENDED, THE ZONING ORDINANCE, BY PERMITTING THE OPERATION OF "MODEL HOMES" AS A SPECIAL EXCEPTION IN ANY ZONING DISTRICT; REQUIRING SITE PLAN APPROVAL; PROVIDING AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR GRAY COUNCILMAN OBERBECK COUNCILWOMAN McKINLEY COUNCILMAN GASS MAYOR FLOOD NAYS: NONE. CARRIED. HEARING WAS SET PRIOR TO THE WORKSHOP MEETING ON DECEMBER 3, 1980. KILBRIDE READ IN ITS ENTIRETY A RESOLUTION DESIGNATING TRACT "A", SEBASTIAN HIGHLANDS, A PUBLIC UTILITIES SITE. UNIT NO. MINUTES OF REGULAR COUNCIL MEETING - NOVEMBER 19, 1980 PG. 3, 7:~ BY VICE MAYOR GRAY, SECONDED BY COUNCILWOMAN McKINLEY, TO TABLE THIS RESOLUTION UNTIL GENERAL CORPORATION FURNISHES A SITE PLAN. MAYOR FLOOD ADVISED THAT AQUATIC WEED CONTROL WILL WORK ON A MONTH-TO-MONTH BASIS UNTIL NEW CONTRACTS ARE SIGNED IN MARCH. MR. WEHR WILL MAKE A MONTHLY REPORT ON THE PROGRESS OF THE WORK. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILWOMAN McKINLEY, TO APPOINT MAYOR FLOOD AS A REPRESENTATIVE ON THE TECHNICAL ON THE TECHNICAL ADVISORY COMMITTEE. CARRIED. MR. KILBRIDE READ IN ITS ENTIRETY A RESOLUTION AUTHORIZING THE ISSUANCE OF GOLF COURSE BONDS. THERE FOLLOWED A VERY LENGTHY DISCUSSION. MR. KILBRIDE EXPLANED THAT BY PASSING THE RESOLUTION IT WOULD AUTHORIZE HIM TO FILE IN THE CIRCUIT COURT A SUIT FOR BOND VALIDATION. IF THE BONDS ARE VALIDATED, THEN WITHIN A MONTH, WE CAN GO OUT ON THE MARKET AND SEE WHAT THE PRICE WILL BE. AT THE SAME TIME, WE WILL BE ABLE TO GO TO BID WITH THE ARCHITECT'S PLANS, AND WE WILL HAVE REAL FIGURES TO WORK WITH. MAYOR FLOOD WENT ON RECORD AS SAYING THAT THE ONLY EXPENSE THAT CAN BE INCURRED BY THE CITY ON THE BOND ISSUE IS WHEN THE 1.6 MILLION DOLLARS IS SOLD, WiTH ONE EXCEPTION, AND THAT IS THAT MR. KILBRIDE WILL HAVE TO BE COM- PENSATED FOR APPEARING BEFORE THE CIRCUIT JUDGE. WHEN THE REAL FIGURES ARE PRESENTED, THE COUNCIL STILL HAS THE RIGHT TO DECIDE FOR OR AGAINST CONTINUTING WITH THE PROJECT. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GASS, TO ADOPT A RESOLUTION PROVIDING FOR THE ACQUISITION AND CONSTRUCTION OF MUNICIPAL GOLF COURSE FACILITIES BY THE CITY OF SEBASTIAN, FLORIDA: AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $1,600,000. PRINCIPAL AMOUNT OF GOLF COURSE REVENUE BONDS TO PAY THE COST OF SUCH PROJECT; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR THE PAYMENT THEREOF; AUTHORIZING ISSUANCE BY THE CITY OF NOT EXCEEDING $1,600,000. PRINCIPAL AMOUNT OF REVENUE BOND ANTICIPATION NOTES OF THE CITY IN ANTICIPATION OF THE ISSUANCE OF SAID BONDS, PRO- VIDING FOR THE PAYMENT OF SAID NOTES AND ENTERING INTO CERTAIN COVENANTS AND AGREEMENTS WITH THE HOLDERS THEREOF. ROLL CALL VOTE: AYES: VICAR COU~CI~_..~ OBERBECK COUNCILWOM~N McKiNLEY COUUCI~N G~SS MAY~O~__ __ NAYS: NONE. CARRIED. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILM~~ TO AUTHORIZE MAYOR FLOOD TO SIGN CONSENT TO ASSIGNMENT OF LEASE FROM GOLDSTAR AERO, INC., TO UNrV~RSALALUMINUM RECYCLING CORPORATION. ROLL CALL VOTE: AYES: VICE MAY°R GRAY ~-- COUNCi N I COUNCI~AN GASS LOTS 2 AND 3, BL~K 195~ 8, S5 t~~H~LA~.~CHL~ CA~I~ ~ __ ~ MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GRAY, THAT THE PROPOSED ANNEXATION OF A 15 ACRE PARCEL OF LAND, LOCATED EAST OF SEBASTIAN RIVER AND SOUTH OF STATE ROAD 512 , BE TURNED OVER TO MR. VAN DE VOORDE AND MR. KILBRIDE TO DETERMINE IF IT FORMS AN ENCLAVE. '(~iLAURO) CARRIED. %YOR FLOOD REPORTED THAT HE AND MR. DAN MELIA, PRESIDENT OF THE RIVER'S EDGE PROPERTY OWNERS' ASSOCIATION, TO TALLAHASSEE AND MET WITH THE DEPARTMENT OF EVIRONMENTAL REGULATIONS AND THE LAND SALES BOARD. WITH- THE NEXT FEW WEEKS THE DER WILL BE GOING TO COURT IN CONNECTION WITH THE WATER SYSTEM AND MR. KILBRIDE AND ATTORNEY FOR THE PROPERTY OWNERS' ASSOCIATION WILL APPEAR TOGETHER AT THE COURT HEARING. MAYOR FLOOD ADDED THAT MR. KEPPLER HAD NEVER PUT UP ANY KIND OF BOND. MAYOR FLOOD READ TO THE COUNCIL A LETTER HE RECEIVED FROM MRS. HESTER MOORHOUSE, WHICH ENCLOSED A PICTURE OF ALMA LEE LOY AT THE DEDICATION OF WABASSO BEACH PARK. MRS. MOORHOUSE REMARKED THAT "ALL THESE WELL EDUCATED OFFICIALS CAN'T BE WRONG" AND MAYOR FLOOD RESENTED THE IMPLICATION. HE ADDED THAT THERE IS A LOT OF DIF- FERENCE BETWEEN A MEMORIAL FOR THE DEAD AND A PARK, OR BRIDGE OR BUILDING. HE THOUGHT THAT EVERYTHING HAD BEEN TOTALLY SOLVED AND OVER WITH AND WE WERE WORKING TOGETHER. IN REFERENCE TO A SUIT BROUGHT BY MR. GREENSPAN AND MR. GELLER AGAINST THE CITY OF SEBASTIAN, MR. KiLBRiDE EXPLAINED THAT THEY ARE TRYING TO ACQUIRE A TITLE AND EXPUNGE THE HUDSON'S ADDITION TO SEBASTIAN, THE SUB- DIVISION WEST OF THE RAILROAD TRACKS AND ADDED THAT EVENTUALLY HE WILL NEED AUTHORIZATION TO SELL. THE PORTION OWNED BY MR. GREENSPAN AND MR. GELLER WOULD BE EXPUNGED, BUT THE NORTHERN 80', WHICH INCLUDES WHAT WOULD BE THE EXTENSION OF SECOND AVENUE, WOULD NOT BE EXPUNGED, WHICH WOULD GIVE A 30' RIGHT-OF-WAY. THE EAST 30', WHICH IS NOW LOUISIANA AVENUE, AND THE WEST 30', WHICH WILL BE THE EXTENSION OF CROSS STREET, WILL BE DONATED TO THE CITY. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN GASS, TO AUTHORIZE MR. KILBRIDE TO SETTLE THIS MATTER WITH THE STIPULATION THAT THERE IS A 30', RIGHT-OF-WAY ON EDWARDS STREET THAT WILL INTERSECT WITH CROSS STREET. ROLL CALL VOTE: AYES: NAYS: ViCE MAYOR GRAY COUNCILMAN OBERBECK COUNCILWOMAN McKINLEY COUNCILMAN GASS MAYOR FLOOD NONE. CARRIED. CITY CLERK MAYOR