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HomeMy WebLinkAbout12091981PUBLIC HEARING - DECEMBER 9, 1981 PUBLIC HEARING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:05 P.M. PRESENT: COUNCILMAN FRANK OBERBECK, COUNCILMAN RICHARD VOTAPKA, COUNCILWOMAN FLORENCE PHELAN, ATTORNEY DANIEL KILBRIDE AND MAYOR PAT FLOOD, JR. ABSENT: VICE MAYOR EVERETT T. GASS (EXCUSED ABSENCE) THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, NOVEMBER 15, 22, 29 AND DEVEMBER 6, 1981~ TO CONSIDER THE ADOPTION OF AN ORDINANCE ANNEXING THREE PARCELS OF LAND; PARCEL A LOCATED iN THE NE ~ OF THE SE ~ OF SEC. 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST AND GOV. LOT 3 AND FRACTIONAL GOV. LOT 4, SEC. 21, TOWNSHIP 31 SOUTH, RNAGE 39 EAST, LESS PORTIONS THEREOF;' PARCEL B AND C BEING A PART OF THE SOUTH % OF GOV. LOT 2, SEC. 2, TOWNSHIP 31 SOUTH, RANGE 39 EAST. GARY BRANDENBURG, COUNTY ATTORNEY, VERO BEACH, EXPLAINED THAT HE WAS NOT APPEARING AT THIS PUBLIC HEARING FOR THE BOARD OF COUNTY COMMISSIONERS OR IN ANY OFFICIAL CAPACITY. HE ASKED THE SEBASTIAN CITY COUNCIL TO CAREFULLY CONSIDER THIS VOLUNTARY ANNEXATION ( DUCK POINT) SINCE, IT WILL BE CREATING A COUNTY ENCLAVm AND WILL NOT BE ABLE TO REACH THE COUNTY POCKET OR ANY LAND MASS WITHOUT PASSING THROUGH THE SEBASTIAN CITY LIMITS. MAYOR FLOOD USED THE COMPREHENSIVE LAND USE MAP TO ILLUSTRATE THE LOCATION OF THE DUCK POINT PROPERTY. iATTORNEY KILBRIDE EXPLAINED THAT J~E PR_E.VrOTLqr. Y _~_DV_LSED THE CITY COUNCIL REGARDING ENCLAVES THE CITY COUNCIL LOOK INTO THIS ANNEX~N ~ETERMINE WHETHER OR NOT THE CITY WILL BE OUT ON THE CITY LIMIT LIME. HE ALSO I.VDI~AT~ THAT SINCE, APPROXIMATELY 400 ACRES HAS BEEN ANNEXED INTO THE CITY OF SEBASTIAN I~ FBE ~A~T YEAR, THE COUNTY COMMISSIONERS SEEM TO FEEL THAT DEVELOPERS ARE REQUESTING THESE %V~LU/¥IA~Y ANNEXATIONS INTO THE CITY BECAUSE OF LESS HASSELS THEY RECEIVE AS GAR AS PERMIT~ AA~D ZONING. ORDE TO BUILD I ,xTRE ADDING COST OF CONSTRUCTION MAYOR FLOOD STAT~ 'HAx ~nE uz~ OF SEBASTIAN IS---NOT--~LLOWING DEVELOPERS TO GET BY WITH ANY LESS RESTRICTIONS THAN THE COUNTY. HE EXPLAINED THAT THIS PARCEL OF LAND (DUCK-POINT) WILL PROBABLY BILL OUT TO APPROXIMATELY $60 MILLION DOLLARS IF IT IS DEVELOPED INTO SINGLE AND MULTI-FAMILY DWELLINGS AND THAT IT WOULD HELP TO REDUCE THE MILLAGE RATE. HE ALSO MENTIONED THAT GENERAL DEVELOPMENT CORPORATION COULD POSSIBLY SUPPLY WATER TO THIS DEVELOPMENT SINCE, THERE WATER TREATMENT PLANT IS ABOUT 2 MILES WEST OF THIS PROPERTY AND THAT THE STREET WOULD BE BROUGHT UP TO THE CITY'S STANDARDS. AFTER LOOKING AT THIS VOLUNTARY ANNEXATION, MAYOR FLOOD FELT THAT THE CITY WOULD GAIN BY THIS ANNEXATION OF THE DUCK POINT PROPERTY. GARY BRANDENBURG, COUNTY ATTORNEY, VERO BEACH, STATED THAT THE ATTORNEY GENERALS OPINION IS JUST ANOTHER ATTORNEY'S OPINION AND IS NOT PERSUASIVE IN A JUDICIAL SETTING. HE STATED THAT HIS COMMENT EARLIER WAS NOT A WARNING BUT ONLY A CONCERN AND THAT HE FELT THE COUNCIL SHOULD GIVE THIS VOLUNTARY ANNEXATION REAL GOOD THOUGHT AS TO WHETHER OR NOT THE CITY WANTS TO CREATE A COUNTY ENCLAVE. AFTER LOOKING AT THIS VOLUNTARY ANNEXATION AS A FACT AND NOT AS A LAW, COUNCILMAN VOTAPKA STATED THAT HE DOES NOT FIND THIS PROPERTY (DUCK POINT) SUBSTANTIALLY CONTIGUOUS NOR REASON-.i ABLY COMPACT SINCE, APPROXIMATELY 74 ACRES IS THE MAJOR PORTION LOCATED ON THE EAST SIDE OF U.S. #1 AND 23 ACRES ON THE WEST SIDE OF U.S. #1. HE EXPLAINED THAT THERE IS APPROXIMATELY 1300 FEET WHICH IS ALMOST TWICE THE BOUNDARY ON THE WEST SiDE AND THEREFORE, IT STICKS OUT LIKE A SORE THUMB AND CREATES AN ENCLAVE. COUNCILMAN VOTAPKA STATED THAT HE DIDN'T SEE ANY REASON WHY ANY PARCEL OF THE DUCK POINT PROPERTY SHOULD BE ANNEXED EAST OF U.S. HIGHWAY #1 AT THIS TIME AND THAT HE WOULD NOT BE IN FAVOR OF THIS ANNEXATION BECAUSE IT DOES NOT MEET THE PETITION FOR THE VOLUNTARY ANNEXATION NORE DOES HE FEEL IT MEETS THE STATE STATUTE. PUBLIC HEARING - DECEMBER 9, 1981 ATTORNEY KiLBRIDE READ THE DEFINITION OF COMPACTNESS AND CONTIGUOUS IN THE STATE STATUTE. HE EXPLAINED THAT COMPACTNESS REFERS TO THE AREA PROPOSED TO BE ANNEXED AND NOT NECESSARILY HOW IT RELATES TO THE EXISTING CITY LIMITS AND THAT CONTIGUOUS REFERS TO THE AREA AS BEING A SUBSTANTIAL PART OF A BOUNDARY. SINCE THE DEFINITION OF CONTIGUOUS REFERS TO A SUBSTANTIAL PART OF A BOUNDARY, COUNCILMAN VOTAPKA EXPLAINED THAT 665 FEET IS ACTUALLY CONTIGUOUS AND THAT IT'S LESS THAN 10% WHICH DIDN'T SEEM TO BE A SUBSTANTIAL PORTION TO HIM. COUNCILMAN VOTAPKA STATED THAT HE WOULD BE IN FAVOR OF ANNEXING AREAS TO FINISH SOME OF THESE PUZZLE PIECES WE HAVE OUTSTANDING IN THE CITY WHICH HE CONSIDERS COUNTY ENCLAVES. PUBLIC HEARING CLOSED AT 7:45 P.M. BY MAYOR PAT FLOOD, JR. CITY CLERK MAYOR MINUTES APPROVED DURING REGULAR COUNCIL MEETING OF JANUARY 11, 1982. PUBLIC HEARING - DECEMBER 9, '1'981 PUBLIC HEARING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:45 P.M. THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, NOVEMBER 22, 29, 1981, TO CO~L~IDER THE ADOPTION OF AN ORDINANCE CREATING THE COURSe; PROWDING FOR MEMBERS AND SETTING GOLF COURSE OPERATING FUND; PROVIDING FOR P~VEDURES FOR FIXING AND CHANGING RATES AND COURSE OPERATI~G~S, ~OV~I~G ff~n~ P~O(~~ ~R FIX~G~AND ~ANGING RATES AND CHARGES; FOR THE SEBAST~UNICIpA~F~O~E~ ~E A~O I~I~T~T~HE BOARD MEMBERS WILL BE APPOINTED BY THE CITY COUNCIL. MR. RICHARD SZELUGA, CITY RESIDENT, STATED THAT HE WOULD LIKE TO SEE IT STATED IN THE ORDINANCE THAT MEMBERS WILL NOT BE RENUMERATED FOR THEIR SERVICES BUT WILL BE REIMBURSED FOR EXPENSES. MAYOR FLOOD AGREED THAT EXPENSES SHOULD BE REIMBURSED AND THAT THERE IS A FLORIDA MUNICIPAL GOLF COURSE ASSOCIATION THAT WOULD BE BENEFICIAL FOR. A MEMEBER TO ATTEND. ATTORNEY KILBRIDE SUGGESTED THAT THE ORDINANCE PROVIDE EXPENSES, PARTICULARLY IF IT IS IN ADDITION TO THE GOLF PRO ATTENDING MANAGEMENT SIMINARS. COUNCILMAN VOTPAKA SUGGESTED THAT TRAVELING SHOULD BE LIMITED TO THE BOARD CHAIRMAN AND MAYBI ONE BOARD MEMBER AND THAT THE TOTAL EXPENDITURE SHOULD BE LIMITED TO A CERTAIN AMOUNT. IN REGARDS TO THE COMPOSITION OF THE BOARD OF DIRECTORS, COUNCILMAN VOTAPKA SUGGESTED THAT THE MAJORITY OF THE MEMBERS SHOULD BE MADE UP OF CITY RESIDENTS AND THAT FOUR DIRECTORS SHOULD BE APPOINTED FOR ONE YEAR, THREE DIRECTORS SHOULD BE APPOINTED FOR TWO YEARS AND ONE OF THE SAID APPOINTEES SHOULD BE A NON-RESIDENT. HE ALSO RECOMMENDED THAT A QUORUM SHOULD CONSIST OF FIVE MEMBERS. HE FELT WITH A SEVEN MEMBER BOARD THERE WOULD BE MORE OF A DIVER- SIFICATION OF IDEAS AND OPINIONS THAT WOULD CREATE A BROADER ASPECT OF A DECISION. MR. FITZMAURICE, CITY RESIDENT, AGREED THAT A LARGER NUMBER OF MEMBERS WOULD CREATE AN OPPORTUNITY FOR DIVERSIFIED OPINIONS AND RECOMMENDED THAT THE BOARD CONSIST OF THREE MEMBERS OR A MAXIMUM OF FIVE MEMBERS. DON LIVINGSTON, MEMBER OF THE GOLF COURSE COMMITTEE, RECOMMENDED THAT THE BOARD OF DIRECTORS SHOULD CONSIST OF ELEVEN MEMBERS AND THAT EACH MEMBER SHOULD BE DELEGATED A DIFFERENT PROBLEM PERTAINING TO THE GOLF COURSE FOR THE FIRST YEAR RATHER THAN BURDEN JUST A FEW PEOPLE COUNCILWOMAN PHELAN RECOMMENDED A SEVEN MEMBER BOARD WITH ONE ALTERNATE AND A QUORUM TO CON~' SIST OF FIVE. PUBLIC HEARING - DECEMBER 9, 1981 COUNCILMAN OBERBECK AGREED THAT A SEVEN MEMBER BOARD WITH ONE ALTERNATE WOULD BE ~DEQUATE AND THAT HE WOULD LIKE TO SEE A FOUR TO THREE RATIO. MAYOR FLOOD INSTRUCTED ATTORNEY KILBRIDE TO REPORT BACK AT THE NEXT REGULAR COUNCIL MEETING, DECEMBER 14, 1981 WITH THE FOLLOWING CHANGES MAKE IN THE ORDINANCE: THE BOARD WILL CONSIST OF SEVEN MEMBERS WITH ONE ALTERNATE ALL APPOINTED BY THE CITY COUNCIL, MEMBERS WILL NOT BE COMPENSATED ONLY REIMBURSED FOR EXPENSES, A LIMIT OF EXPENSES WILL BE ESTABLISHED AND EACH DIRECTOR AND ALTERNATE SHALL BE A PERMANENT RESIDENT OF INDIAN RIVER COUNTY OR SOUTH BREVARD COUNTY WITH THE MAJORITY OF THE BOARD CONSISTING OF RESIDENTS OF THE CITY OF SEBASTIAN. PUBLIC HEARING CLOSED AT 8:24 P.M., BY MAYOR PAT FLOOD, JR. CITY CLERK MAYOR MINUTES APPROVED DURING REGULAR COUNCIL MEETING OF JANUARY 11, 1982.