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HomeMy WebLinkAbout12141981BID OPENING - DECEMBER 14, 1981 MEETING 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 TO BID AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, NOV- EMBER 29, 1981, FOR THE CONSTRUCTION OF THE CLUB HOUSE AT THE CITY OF SEBASTIAN MUNiCIPaL GOLF COURSE. ATTORNEY KILBRIDE REPORTED THAT HE HAD TWO BIDS TO BE OPENED AND THAT THE FIRST BID FROM NETTO CONSTRUCTION COMPANY HAD A CORRECTION INDICATED ON THE OUTSIDE OF THE ENVELOPE.'~~ NETTO CONSTRUCTION COMPANY, VERO BEACH, FLORIDA ALTERNATE "A" ALTERNATE "B" $129,600.00 $129,600.00 ( FRAME ) (STUCCO) TOTAL BID PRICE $129,600.00 ( STUCCO ), BID BOND ENCLOSED IN THE AMOUNT OF 5% OF THE TOTAL AMOUNT WAS ATTACHED. AFTER READING THE CORRECTION, ATTORNEY KILBRIDE REPORTED THAT AN ADDITIONAL $2,000.00 SHOULD BE ADDED TO EACH ALTERNATE. AND THE TOTAL BID PRICE MAKING A TOTAL BID PRICE OF $131,600.00. JACK JACKSON BUILDERS, VERO BE FLORIDA ALTERNATE "A" $102,380. 0~] (FRAME) ALTERNATE "B" $104,43~_~--(STUOCO)__ TOTAL BIO PROCE $106,588.00 (STUCCO), BID BOND ENLCOSED IN THE AMOUNT OF $5,000.00 ATTORNEY KILBRIDE REPORTED THAT THE~.S A~EXVEPTION TO THE SPECIFICATIONS ON THE PROPOSED CLUB HOUSE AND STATED THAT JACK JACKSON BUI~ERS, VERO BEACH HAS APPLIED FOR A PERFORMANCE BOND WHICH WILL BE OBTAINED TWO WEEKL ~PTURdWARDING THE BID. MOTION BY COUNCILMAN OBERBECK, SECO BY_~OUNCILMAN VOTAPKA, THAT THE BIDS BE SENT TO THE AWARDS COMMITTEE FOR A REVIEW. CARRIED. OPENING .N.,I YL AV, Z AT JN Ll Jk CITY CLERK MAYOR MINUTES APPROVED AT REGULAR COUNCIL MEETING OF JANUARY 11, 1982. REGULAR COUNCIL MEETING - DECEMBER 14, 1981 MEETING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:10 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. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN VOTAPKA, TO ACCEPT THE MINUTES OF PUBLIC HEARING 11/2/81, BID OPENING, PUBLIC HEARING ON BUDGET 1981-1982, 11/4/81, SPECIAL COUNCIL MEETING, 11/23/81 BID OPENING AND REGULAR COUNCIL MEETING 11/9/81, BID OPENING, PUBLIC HEARING AND REGULAR COUNCIL MEETING 11/18/81, AWARDS COMMITTEE MEETING AND SPECIAL EMERGENCY MEETING 11/25/81, SUBJECT TO CORRECTIONS. CARRIED. MAYOR FLOOD EXPLAINED THAT SINCE, THE COUNCIL MEETINGS HAVE BEEN RUNNING LATE, HE FELT IT WAS NECESSARY TO MOVE THE MAYOR'S MATTERS AND ATTORNEY'S MATTERS UP ON THE AGENDA IN ORDER TO HAVE SUFFICIENT TIME TO REPORT ON IMPORTANT ITEMS. THE COUNCIL WAS IN AGREEMENT TO MOVE THE MAYOR'S MATTERS AND ATTORNEY'S MATTERS UP ON THE AGENDA. JA'MES CUMMINS, POLICE CHIEF, REPORTED A TOTAL OF 559 COMPLAINTS FOR THE MONTH OF NOVEMBER, 1981, NOT INCLUDING TRAFFIC VIOLATIONS. HE ALSO REPORTED THAT CALENDATS WITH SOME CRIME PREVENTION TIPS WOULD BE AVAILABLE FOR THE PUBLIC AFTER THE FIRST OF THE YEAR. DALE WEHR, STREET DEPARTMENT, REPORTED 1,277 MAN HOURS WORKED FOR THE MONTH OF NOVEMBER, 1981, AND THAT THE CREW HAS BEEN WORKING ON ASPHALT ROAD PATCHING. HE ALSO REPORTED THAT llTH STREET HAS BEEN STARTED AND THAT THE CURBING WILL BE POURED WITHIN THE NEXT FEW DAYS AND THAT 2ND STREET, 9TH STREET AND llTH STREET HAVE BEEN CHANGED TO PRESIDENTS NAMES. MR. WEHR ASKED THE COUNCIL FOR PERMISSION TO CHANGE THE POPULATION FIGURE ON THE ENTERING REGULAR COUNCIL MEETING - DECMEBER 14, 1981 SEBASTIAN SIGN ON U.S. HIGHWAY #1 FROM 1,600 TO 4,600. THE COUNCIL AGREED AND GAVE APPROVAL TO GO AHEAD AND CHANGE THE POPULATION EIGURE TO 4,600 ON THE ENTERING SEBASTIAN SIGN ON U.S. HIGHWAY #1. ARTHUR MAYER. BUILDING OFFICIAL, REPORTED 10 SINGLE FAMILY DWELLING PERMITS FOR THE MONTH OF NOVEMBER, 1981, WITH A TOTAL OF $2516.00 COLLECTED IN PERMIT FEES. GREG GOLIEN, CHAIRMAN, PLANNING AND ZONING COMMISSION, REPORTED THAT THE PLANNING AND ZONING COMMISSION HAS REVIEWED AND APPROVED PLANS FOR A VETERINARIAN CLINIC TO BE BUILT NEXT TO THE SEBASTIAN WOMAN'S CLUB ON LOT 4. (MARTIN SUBDIVISION) ATTORNEY KILBRIDE EXPLAINED THAT SINCE THERE WAS AN ADDITION OF A PARCEL IN THE DUCK POINT ORDINANCE, HE FELT IT WAS NECESSARY TO BE READ AGAIN. ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE ANNEXING FOUR PARCELS OF LAND: PARCEL A LOCATED IN THE NE ~ OF THE SE ~ OF SECTION 20, T 31 S, R 39 E AND GOV. LOT 4, SEC 21, T 31 S, R 39 E, LESS PORTIONS THEREOF; PARCEL B AND C BEING A PART OF THE .'; SOUTH % OF GOVERNMENT LOT 2, SEC. 21, T 31 S, R 39 E; PARCEL D BEING THE SOUTH 150 FEET OF NE ~ OF SE ~ OF SEC 20, T 31 S, R 39 E. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN OBERBECK, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE A~N~IN_G_ F~LR~A~J LESS PORTIONS THEREOF; PARCEL B AN~ C BEI.VG A ~A~r OF THE SOUTH % OF GOVERNMENT LOT 2, SEC 21, T 31 S, R 39 E; PARCEL D BEING THZ SOUT~ /150 FEET OF NE ~ OF SE ~ OF SEC 20, T 31 ROLL CALL VOTE: AYES: VICE MAYOR GA~S~ COUNCILMAN OBE~B~,~K MAYOR FLOOD N¢I N AK N M CARRIED. OF THE CITY, IT ~ NOT A COMPACT ADDITION TO TH~ TERRITORY OF THE CITY AND THAT IT IS NOT A LOGICAL EXTENSION. COUNCILWOMAN PHELAN STATED THAT SHE DID NOT VOTE IN FAVOR FOR THE ANNEXATION FOR THE REASONS THAT SHE DID NOT FEEL ENOUGH OF IT WAS CONTINGUOUS AND THAT IT WAS CERTAINLY A THUMB AS FAR AS AN EXTENSION OF THE CITY'S BOUNDARIES. MAYOR FLOOD ANNOUNCED THAT THE NEXT READING OF THE DUCK POINT ANNEXATION WOULD BE AT THE NEX~ REGULAR COUNCIL MEETING, DECEMBER 21, 1981. ATTORNEY KiLBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE CREATING CHAPTER 12.5 OF THE CODE OF ORDINANCES BY CREATING THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR MEMBERS AND PROCEEDINGS; SETTING FORTH POWERS AND DUTIES; ESTABLISHING GOLF COURSE OPERAT- ING FUND; PROVIDING FOR PROCEDURE FOR FIXING AND CHANGING RATES AND CHARGES; STATING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. MOTION BY COUNCILMAN OBERBECK, SECONDED VICE MAYOR GASS, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE CREATING CHAPTER 12.5 OF THE CODE OF ORDINANCES BY CREATING THE SEBASTIAN MUNICIPAL GOLF COURSE; CREATING THE BOARD OF DIRECTORS OF SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR MEMBERS AND PROCEEDINGS; SETTING FORTH POWERS AND DUTIES; ESTABLISH- ING GOLF COURSE OPERATING FUND; PROVIDING FOR PROCEDURE FOR FIXING AND CHANGING RATES AND CHARGES; STATING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE WITH THE AMENDMENTS. COUNCILWOMAN PHELAN QUESTIONED IF THE FINANCE DIRECTOR WAS GOING TO TAKE CARE OF ALL THE MONEY FOR THE GOLF COURSE. ATTORNEY KILBRIDE EXPLAINED THAT THE GOLF COURSE WILL BE A CITY FUND. THE BOARD OF DIRECTORS WILL BE IN CHARGE OF BUDGETING AND HOW TO SPEND iT BUT NOT IN ACTUAL CONTROL. THE ACTUAL MONEY WILL BE HANDLED BY THE FINANCE DIRECTOR. COUNCILWOMAN PHELAN STATED THAT SHE THOUGHT THE GOLF COURSE WAS TO RUN INDEPENDENTLY OF THE CITY. ATTORNEY KILBRIDE EXPLAINED THAT IT IS BEING RUN INDEPENDENTLY AND THAT IS WHY IT WILL BE IN A SEPARATE FUND. COUNCILMAN VOTAPKA FELT THAT IT HAS COME TIME THAT JOE LANCASTER, FINANCE DIRECTOR, SEPARATE HIS ALLOTED TIME FOR THE GOLF COURSE. REGULAR COUNCIL MEETING - DECEMBER 14, 1981 MAYOR FLOOD STATED THAT A SECRETARY HAS BEEN HIRED TO ASSIST RAY LADD, GOLF PROFESSIONAL AND THAT A PART TIME SALARY HAS BEEN ALOCATED FOR IN THE THE GOLF COURSE BUDGET FOR A PERSON TO ASSIST JOE LANCASTER, FINANCE DIRECTOR. MAYOR FLOOD STATED THAT IT WAS NEVER SAID THAT THE GOLF COURSE WOULD BE A TOTAL ENTITY OUT- SIDE OF THE CITY, EVEN WHEN THE BONDS FOR THE GOLF COURSE WERE ACCEPTED, IT WAS SAID THAT THE CITY COUNCIL WOULD HAVE THE FINAL SAY OF THE GOLF COURSE AND IT HAS NEVER BEEN CHANGED. HE ALSO STATED'THAT THE GOLF COURSE WOULD STAND ON ITS OWN REVENUE TO PAY FOR ITSELF, BUT THAT MUNICIPAL FUNDS CANNOT BE SEPARATE WHETHER THEY ARE ON A BOND ISSUE OR AD-VALOREM TAXES. MAYOR FLOOD EXPLAINED THAT THE CITY OF SEBASTIAN HAS A SEPARATE SET OF BOOKS FOR THE GOLF COURSE AND THAT THEY WILL NOT BE INTERMINGLED. TWO BUDGETS HAVE BEEN PASSED AND THEY WILL OPERATE SEPARATE BUT THE CITY OF SEBASTIAN WILL CONTROL THE GOLF COURSE. ROLL CALL VOTE: A YES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. COUNCILMAN OBERBECK REPORTED TEAT~HE LIGHT POL~SI FOR THE BARBER STREET BALL FIELD HAVE BEEN DELIVERED AND THAT THE LIGHTS ~L'~L]ARRiVE I.V JAnUaRY, 1982. HE REPORTED THAT HE RECEIVED SOME PRICES REGARDING DRAPERIES ~R T~E Y~HT C~B AND PLANNED TO HAVE A RECREATION COMMITTEE ~AYmENW FOR TSE USE OF R~CRWa~rONa~ ~acI~V~ . ECESSaRY ZNOE, FACZLITIES ARE ON Y{ I aqSEO SZ OR TWO REO LE WITH OTHER 98~-99~ OF TiE PEOPLE PAYING F~HE~ COUNCILMAN VOTAPK~REPORTED.__T. HAT TH~.~WEL~EST~T,--RIV~-R~S E,4~F~--SUBDIVISION HAS FAILED COUNCILMAN VOTPA~A~REPORTEi~ THf&T ~Ht~ UEME, WE~Y C~9;4MITT~EIM~T~AND~DIgCUSSED THE MONEY THAT THE CEMETERY THAT Lg L DOZTION. COUNCILMAN VOTAPKA INDICATED~--THAT--~f~ WOULD WRITE A LETTER TO RANDY JOACHIM. PRESIDENT, SEBASTIAN CEMETERY ASSOCIATION, INFORMING HIM THAT THE CITY WOULD ACCEPT THE DONATION AND THAT IT WOULD BE APPLIED TOWARDS THE ROAD IMPROVEMENT AND THE SURVEY ENGINEERING OF IT. COUNCILMAN VOTPAKA ALSO REPORTED THAT THE CEMETERY COMMITTEE DISCUSSED PRICE INCREASES FOR CEMETERY LOTS AND CREMATION LOTS. THE PRICES DISCUSSED WERE AS FOLLOWS: LEGAL CITY RESIDENTS INCLUDING ROSELAND RESIDENTS NOW'PRICED AT PROPOSED INCREASE CREMATION LOT LOT $100.00 $ 50.00 $150.00 $ 75.00 LEGAL RESIDENTS OF FELLSMERE, WABASSO, LITTLE HOLLYWOOD, MICCO NOW PRICED AT PROPOSED INCREASE $175.00 $ 90.00 $225.00 $115.00 RESIDENTS OF ALL OTHER COMMUNITIES, IF SPACE iS AVAILABLE NOW PRICED AT-- PROPOSED INCREASE ........ $300.00 $100.00 $350.00 $175.00 COUNCILMAN VOTPAKA EXPLAINED THAT THE SODDING OF THE GRAVE AND THE COST OF THE BASE WERE IN- CLUDED IN THE PRICE INCREASE. VICE MAYOR GASS STATED THAT HE FELT THERE SHOULDN'T BE ANY DIFFERENTIATION BETWEEN NON-CITY RESIDENTS SINCE, NONE OF THESE PEOPLE CONTRIBUTE TO THE SUPPORT OF THE CITY. MAYOR FLOOD WAS OF THE OPINION THAT THE BASE SHOULD NOT BE INCLUDED IN THE COST OF THE CEMETERY LOT AND AS FAR AS SODDING, IT HAS ALWAYS BEEN THE CITY'S RESPONSIBILITY TO DO IT. COUNCILWOMAN PHELAN FELT THAT NON-RESIDENTS DO SUPPORT THE CITY WHEN THEY COME INTO THE CITY OF SEBASTIAN TO SHOP. MAYOR FLOOD STATED THAT A NEW RESOLUTION WOULD HAVE TO BE DRAWN UP TO MAKE THESE CHANGES AND THAT IT WOULD BE AN AGENDA ITEM AT THE NEXT REGULAR COUNCIL MEETING, DECEMBER 21, 1981. ~,OUNCILMAN VOTAPKA MENTIONED THAT HE SPOKE TO ELOISE NELSON, AUDITOR, W.Oo DALEY AND COMPANY, .P.A. AND REPORTED THAT AS OF SEPTEMBER 30, 1981, THERE WAS A TOTAL OF $286,142.66 IN THE LLOCATED SURPLUS FUND AND A TOTAL OF $235,747.50 IN THE UNALLOCATED SURPLUS FUND. REGULAR COUNCIL MEETING - DECEMBER 14, 1981 COUNCILMAN VOTAPKA ASKED IF IT WAS POSSIBLE TO TAKE SOME MONEY OUT OF THE SURPLUS FUND, PUT IT BACK iNTO A FORM OF A BUDGET AMENDMENT AND POSSIBLY LOWER THE MILLAGE RATE. MAYOR FLOOD EXPLAINED THAT WE DID TAKE MONEY OUT OF THE SURPLUS FUND FOR THE LAST TWO YEARS AND REDUCE THE MILLAGE RATE BUT THAT IT IS TOO LATE NOW SINCE, THE MILLAGE RATE HAS ALREADY BEEN SET AND THE PEOPLE ARE ALREADY BEING TAXED. MAYOR FLOOD EXPLAINED THAT SINCE, CONSTRUCTION CAN BECOME VERY SLOW OR EVEN COME TO A TEMPORARY STOP, IT WAS SET UP BY THE COUNCIL, THAT MONEY BE TAKEN OUT OF THE SURPLUS FUND, IN ORDER TO RUN THE BUILDING DEPARTMENT. COUNCILWOMAN PHELAN REMARKED THAT THE BUILDING DEPARTMENT IS SUPPOSED TO BE SELF SUPPORTING AND ASKED IF ANY OF THE MONEY IN THE SURPLUS FUND WAS BEING KEPT TRACK OF AS HAVING COME FROM THE BUILDING DEPARTMENT. IF SO, THIS MONEY WOULD THEN HAVE TO BE CONSIDERED AS ALLOCAT- ED FUNDS TO BE USED BY THE BUILDING DEPARTMENT IF THE NEED ARISES. MAYOR FLOOD EXPLAINED THAT THE COUNCIL HAD AGREED TWO YEARS AGO TO MAINTAIN A CERTAIN SURPLUS IF THE BUILDING DEPARTMENT RAN SHORT. COUNCILWOMAN PHELAN ASKED IF ANY SURPLUS DOLLARS WERE ALLOCATED FOR FUTURE ROAD MAINTENANCE IN SEBASTIAN HIGHLANDS OR ARE WE DEPENDING ON THE GENERAL DEVELOPMENT CORPORATION FUND ENTIRE LY FOR THIS. COUNCILWOMAN PHEr. AN S ATSD THAT RS--r s[__ O- U6 ING SU OS SSC USS THE CITY AND BY GETTING EXCESS ~ARS FROm TA~/ MAYOR FLOOD STATED THAT THE AUDI~T~S mD NOI SAY~ ~E HAVE TO DO THIS AND IT IS NOT REQUIRED BY MAYOR FLOOD STATED THAT WITH THE $30, 900. O0~NTEREST EARNED IN THE GENERAL DEVELOPMENT ATION FUND ALMOST TWO MILES OF RESU~FACING ~N BE DONE. IF WE DO A MILE OR TWO A YEAR ON THE STREETS WHERE THERE IS THE MOST TRAF~FI.~ /~DI THE MOST HOUSES, THIS IS A GOOD POLICY. WE WILL HAVE TO THINK ABOUT BUYING A GRADER I%~LD"O~R EQUIPMENT WITH THIS MONEY IN THE FUTURE. COUNCILMAN W , 4,VE TS ' T% -- OM NSIVE LAND USS COUNCILWOMAN PHELAN STATED THAT THIS IS AN ITEM THAT SHOULD BE DISCUSSED BY A FULL COUNCIL AND IT WAS BROUGHT UP BECAUSE IT WAS ENCOMPASSED BY ANOTHER SUBJECT THAT WAS DISCUSSED. COUNCILWOMAN PHELAN ADDED THAT SHE IS NOT TALKING ABOUT THE WHOLE SURPLUS AND DESIGNATING IT FOR ONE THING. SHE IS SU~STING THAT THE COUNCIL CONSIDER TAKING A SHARE OF IT. COUNCILWOMAN PHELAN MENTIONED THE PERSONNEL WORKING AT THE GOLF COURSE AND WONDERED IF THE COUNCIL TOOK ACTION TO HIRE MORE EMPLOYEES OR IF THEY WERE JUST TEMPORARY HELP THAT WERE PUT OUT THERE FOR OPENING DAY. MAYOR FLOOD EXPLAINED THAT A CERTAIN AMOUNT OF PEOPLE WERE BUDGETED FOR IN THE GOLF COURSE BUDGET IN ORDER TO MAINTAIN AND OPERATE THE GOLF COURSE. SINCE, THE GOLF PRO IS ACTING MANAGER UNTIL A BOARD OF DIRECTORS IS ESTABLISHED, HE HAS HIRED THESE BUDGETED PEOPLE WITHOUT COUNCIL ACTION. ATTORNEY KILBRIDE REPORTED THAT HE WAS STILL RESEARCHING AND IN THE PROCESS OF DRAFTING SOME LEGAL DOCUMENTS PERTAINING TO THE LAW SUIT AGAINST ELLIOTT KEPPLER. HE STATED THAT HE WOULD TRY TO HAVE IT COMPLETED AND READY TO FILE WITHIN THE NEXT WEEK AND THAT HE WOULD REPORT BACK TO THE COUNCIL AT THE NEXT REGULAR COUNCIL MEETING, DECEMBER 21, 1981. AFTER A VERY LENGTHY DISCUSSION REGARDING RIVER'S EDGE AND THE POSSIBILITY OF PERMITTING PRO- PERTY 'OWNERS TO HAVE THEIR OWN WELLS INSTALLED, MAYOR FLOOD FELT IT WAS NECESSARY FOR PROPERTY OWNERS TO WAIT UNTIL THE CITF ATTORNEY FILES THE LAW SUIT REGARDING ELLIOTT KEPPLER IN ORDER TO STOP HIM FROM DEVELOPING OTHER LOTS SO THE PURPOSE WILL NOT BE DEFEATED. COUNCILMAN VOTPAKA FELT WE SHOULD GRANT PERMISSION TO THE RIVER'S EDGE PROPERTY OWNERS TO INSTALL THEIR OWN INDIVIDUAL WELLS AGTER THE LAW SUIT IS FILED AND ONLY TO THOSE PROPERTY OWNERS WHO PURCHASED THEIR PROPERTY PRIOR TO THE LAW SUIT DATE. HE INDICATED THAT HIS WOULD EXCLUDE MR. KEPPLER'S LOTS AND PROVIDE SOME RELIEF TO THE RIVER'S EDGE PROPERTY OWNERS. COUNCILMAN OBERBECK FELT THAT PROPERTY CURRENTLY OWNED BY MR. ELLIOTT KEPPLER SHOULD BE PENALIZED AND NOT THE PEOPLE WHO BOUGHT PROPERTY SIX MONTHS TO A YEAR AGO. REGULAR COUNCIL MEETING - DECEMBER 14, 1981 VICE MAYOR GASS WAS CONCERNED IF THERE WAS A.'~POSSIBILITY THAT MR. KEPPLER WOULD BE ABLE TO TAKE US TO COURT REGARDING DISCRIMINATION AGAINST HIM, SINCE HE WILL WANT TO SELL THESE LOTS AND PUT IN AN INDIVIDUAL WELL. ATTORNEY KILBRIDE EXPLAINED THAT THE REMEDY WOULD BE TO FILE ANOTHER MOTION OF CONTEMPT. AFTER A VERY LENGTHY DISCUSSION WITH MR. MACQUEEN, LLOYD AND ASSOCIATES, REGARDING THE POINT OF WOODS/TACA ANNEXATION, COUNCILMAN VOTPAKA RECOMMENDED THAT HE MEET WITH MR. MACQUEEN, LLOYD AND ASSOCIATES TO REVIEW THE PRELIMINARY PLAT FURTHER AND PRESENT IT AT THE NEXT REGULAR COUNCIL MEETING, DECMENER 21, 1981, FOR APPROVAL. VICE MAYOR GASS RECOMMENDED THAT THE CORRECTIONS BE MAKE ACCORDING TO COUNCILMAN VOTAPKA'S RECOMMENDATIONS IN ORDER TO GIVE THE CONTRACTOR A CHANCE TO PROCEED WITH THIS SUBDIVISION. HE DIDN'T FEEL IT WAS GAIR TO HOLD UP THE CONTRACTOR, STEVE TACA, ANY LONGER. COUNCILWOMAN PHELAN DIDN'T FEEL BY WAITING UNTIL THE NEXT REGULAR COUNCIL MEETING, DECEMBER 21, 1981, WOULD BE A LONGHOLD UP., COUNCILMAN VOTAPKA STATED THAT THE PLANNING AND ZONING COMMISSION SOMETIMES MAKE RECOMMENDA- TIONS THAT AREN'T ALWAYS CONSISTENT WITH THE CITY'S SUBDIVISION ORDINANCE AND FELT THAT HE DID NOT WANT TO RUSH ANYTHING THROUGH WHEN HE HAS QUESTIONABLE OBJECTIONS TO IT. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, THAT THE PRELIMINARY PLANS FOR ' THE POINT OF WOOD/TACA SUBDIVISION BE APPROVED BASED ON THE RECOMMENDATION OF THE PLANNING & DIVISION PLANS AND INDICATED THAT HE DID NOT KNOW WHETHER OR NOT SOME PROBLEMS HE FOUND WOULD BE MAUOR OR HOW LONG IT WOULD TAKE, HE FELT IT WAS NECESSARY TO DISCUSS ALL OF THIS FURTHER WITH LLOYD AND ASSOCIATES. ~ / COUNCILMAN OBERBECK AMENDED HIS MOTfON TO I~LUDE COUNCILMAN VOTAPKA'S RECOMMENDATIONS MAYOR FLOOD EXPLAINED THAT THE FINA{ ]Z~T D~ES NOT HAVE TO BE APPROVED IF THE PRELIMINARY PLAN IS NOT BROUGHT UP TO THE RECOMM~E~.~ATi~6~NS. ___fou c_!f3 M 3 _ _ COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NAYS: BASIS~ NONE CARRIED. MOTION BY COUNCILMAN VOTAPKAt SECONDED BY VICE MAYOR GASS, THAT WE ACCEPT THE AGREEMENT SUBMITTED TO THE CITY COUNCIL BY LES SOLIN, TO COMPLETE THE ADDITIONAL WORK REQUIRED ON THE ZONING ORDINANCE FOR REVIEW AND AMENDMENT AND TO REVIEW AND AMEND THE SUBDIVISION ORDINANCE. CARRIED. ATTORNEY KILBRIDE READ IN ITS ENTIRETY A RESOLUTION OF THE CITY COUNCIL, CITY OF SEBASTIAN APPROVING THE EFFORTS OF THE FLORIDA LEAGUE OF CITIES TO SECURE PROPERTY TAX RELIEF FOR THE PEOPLE OF FEOIRDA AND AN ALTERNATE, GROWING SOURCE OF REVENUE FOR LOCAL GOVERNMENTS THROUGH A 1~ STATEWIDE INCREASE IN THE SALES TAX AND URGING THE FLORIDA LEGISLATURE TO ENACT LEGIS- LATION EMBODYING THE PROPERTY TAX RELIEF AND LOCAL GOVERNMENT ASSISTANCE PROGRAM OF THE FLORIDA LEAGUE OF CITIES. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, TO ADOPT A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF SEBASTIAN, APPROVING THE EFFORTS OF THE FLORIDA LEAGUE OF CITIES TO SECURE PROPERTY TAX RELIEF FOR THE PEOPLE OF FLORIDA AND AN ALTERNATE, GROWING SOURCE OF REVENUE FOR LOCAL GOVERNMENTS THROUGH A 1¢ STATEWIDE INCREASE IN THE SALES TAX AND URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION EMBODYING THE PROPERTY TAX RELIEF AND LOCAL GOVERN- MENT ASSISTANCE PROGRAM OF THE FLORIDA LEAGUE OF CITIES. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. MAYOR FLOOD STATED THAT SINCE ATTORNEY KILBRIDE DID NOT HAVE THE RESOLUTION TO PERMIT THE PARKS AND RECREATION DEPARTMENT TO COLLECT FEES PREPARED, THAT IT BE ON THE AGENDA FOR THE NEXT REGULAR COUNCIL MEETING, DECEMBER 21, 1981. REGULAR COUNCIL MEETING - DECEMBER 14, 1981 MAYOR FLOOD STATED THAT SINCE ATTORNEY KILBRIDE DID NOT HAVE THE RESOLUTION FOR THE VARIANCE BOARD PREPARED, THAT IT BE AN ~GENDA ITEM FOR THE NEXT REGULAR COUNCIL MEETING, DECEMBER 21, 1981 . MAYOR FLOOD RECOMMENDED THAT THE NEXT REGULAR COUNCIL MEETING BE SCHEDULED FOR DECEMBER 21, 1981. MOTION BY COUNCILWOMAN PHELAN, SECONDED BY COUNCILMAN VOTAPKA, TO SCHEDULE THE NEXT REGULAR COUNCIL MEETING FOR DECEMBER 21, 1981. VICE MAYOR GASS STATED THAT HE WOULD BE UNABLE TO ATTEND THE REGULAR COUNCIL MEETING ON DECEMBER 21, 1981. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTPAKA COUNCILWOMAN PHELAN MAYOR FLOOD CARRIED. VICE MAYOR GASS STATED HE VOTED IN FAVOR OF THE MOTION PROVIDING HE IS EXCUSED. MAYOR FLOOD STATED HE WAS NOT THaT THERE ARE SOME IMPORTANT DECISION JANUARY. MAYOR FLOOD ANNOUNCED THAT THE~ ~UL~ COU~IL MEETING WILL BE DECEMBER 21, 1981>AT 7:00 P.M. ATTORNEY REMS VAN DEVOORDE REPORTED (T~A~ HE~H_~S SPOKEN TO HIS CLIENT REGARDING THE W. A. MARTIN SUBDIVISION ALLEY. HE STATED THAT H~ CLIENT WILL BE WILLING TO CONTRIBUTE $3,000.00 TOWARDS THE CLEARING OF THE MARTIN SUBDIVISION ALLEY WHICH WOULD BE MORE THAN HIS PRO-RATA SHARE. COUNCILMAN VOTPAKA RECOMMENDED THAT C AY FOR THE SNGINEERING AND THAT THE INITIAL DEVELOPE SHOULD ATTORNEY KILBRI~XP~E~T~H~T~ALL~ S~C~L ~S~NTS AND THAT THE CITY WOULD HAVE TO GO IN AND OPEN THE ALLEY AND DO ALL CONSTRUCTION THEN ASSES ALL ABUTTING PROPERTY WHICH WOULD INCLUDE ALL THE RESIDENTS. MAYOR FLOOD QUESTIONED WHETHER OR NOT THE CITY COULD ACTUALLY CHARGE THE ABUTTING PROPERTY OWNERS. ATTORNEY KILBRIDE EXPLAINED THAT THE CITY COULD DEVISE SOME SORT OF IMPACT FEE WITHOUT GOING TO A SPECIAL ASSESSMENT, PARTICULARLY AIMED AT THE COMMERCIAL OWNERS WHO WILL BE BENEFITING THE MOST. ONCE THE CITY OPENS THE ALLEY THE SINGLE FAMILY PROPERTY OWNERS WILL HAVE THE RIGHT TO USE THE ALLEY WHETHER YOU MAKE THEM PAY FOR IT OR NOT. COUNCILMAN OBERBECK STATED THAT HE DID NOT FEEL WITH TODAYS ECONOMY THAT THE INITIAL DEVELOP- ERS COULD COME UP WITH THE SUM OF $14,000.00 TO DEVELOP THE ALLEYWAY AND THEN HAVE TO WAIT FOR THE SURROUNDING LAND TO BE DEVELOPED FOR REIMBURSEMENT. HE FELT IT WAS THE CITY'S OBLIGATION TO APPROVE THE ALLEY. MAYOR FLOOD RECOMMENDED THAT WE ACCEPT THE $3,000.00 OFFER FROM ATTORNEY VAN DEVOORDE'S CLIENT TO HELP DEVELOP THE ALLEY AND AS OTHER BUSINESSES DEVELOP CHARGE THEM AN IMPACT FEE TO REIMBURSE THE CITY. MAYOR FLOOD EXPLAINED THAT THE PLANNING AND ZONING COMMISSION HAS APPROVED A SITE PLAN FOR A VETERINARIANS OFFICE THAT IS ALREADY UNDER CONSTRUCTION IN THIS AREA. HE INDICATED THAT IT MAY NOT BE FAIR TO ASK THEM TO PAY A SHARE OF THE DEVELOPMENT OF THE ALLEY SINCE IT IS AFTER THE FACT. HE STATED THAT HE WOULD TALK TO THE VERTERINARIAN AND REPORT BACK TO THE COUNCIL AT THE NEXT REGULAR COUNCIL MEETING, DECEMBER 21, 1981. COUNCILWOMAN PHELAN ASKED ATTORNEY KILBRIDE IF THERE WAS ANYHING LEGAL, REGARDING THE HOME- OWNERS OF THE EAST SIDE OF THE ALLEY WHO DO NOT PARTICIPATE IN USING THE ALLEY WAY. ATTORNEY KILBRIDE EXPLAINED THAT WHEN THE ALLEY IS OPENED YOU CANNOT SAY TO THOSE PROPERTY OWNERS THAT THEY CANNOT USE IT. REGULAR COUNCIL MEETING - DECMEBER 14, 1981 ATTORNEY RENE .VAN DEVOORDE RECOMMENDED THAT THE COUNCIL ACCEPT HIS CLIENT'S OFFER OF $3,000.00 AND WHEN OTHER PEOPLE COME INTO DEVELOP, MAKE IT A REQUIREMENT OF THEIR SITE PLAN AND THEN THEY WILL HAVE TO CONTRIBUTE A PORTION OF THE EXPENSE. MAYOR FLOOD STATED THAT HE AGREED, BUT THAT $3,000.00 WAS NOT GOING TO COVER THE EXPENSE OF THE ALLEY. MOTION BY COUNCILMAN VOTPAKA, SECONDED BY COUNCILWOMAN PHELAN, TO RECOMMEND DAN KILBRIDE TO LOOK INTO THE LEGALITY OF ESTABLISHING A SYSTEM OF PAYMENT FOR THE DEVELOPMENT OF THE ALLEY AND REPORT BACK TO THE COUNCIL, MONDAY, DECEMBER 21, 1981, TO SEE IF IT IS FEASIBLE. IF IT ISFEASIBLE, WE CAN ADOPT THE OPENING OF THE ALLEY. VICE MAYOR GASS INDICATED THAT HE DID NOT FEEL THIS WAS A GOOD WAY TO GO. COUNCILWOMAN PHELAN EXPLAINED THAT IF SOMEONE IS GOING TO PUT A BUSINESS IN AND THEY ARE GO- ING TO HAVE THE ALLEY THERE, THEY SURE AREN'T GOING TO USE iT FOR NOTHING AND LET ONE PERSON PAY FOR THE ENTIRE THING. MAYOR FLOOD STATED THAT ATTORNEY VAN DEVOORDE HAS TO REPORT BACK TO HIS CLIENT TOMORROW AND IS PREPARED TO GO DOWN TO FILE WITH THE COURT. HE STATED THAT WE TRY TO WORK SOMETHING OUT AS SOON AS POSSIBLE AND THAT A DECISION MUST BE MADE NO LATER THAN MONDAY, DECEMBER 21, 1981. ATTORNEY RENE CAN DEVOORDE STATED THAT HIS CLIENT IS NOT LOOKING FOR REIMBURSEMENT, HE FEELS THIS $3,000.00 IS JUST A COST OF THE DEVELOPMENT. MAYOR FLOOD RECOMMENDED THAT T TY 'J ACCEPT THE OFFER OF $3,000.00 AND OPEN THE ALLEY AND THEN AS THE PROPZRTY DOES G3I DE~E'LpPED, GO AHEAD AND ADD THE IMPACT FEE. HE ROLL CALL VOTE: __ __ AYES: NAYS: COUNCILMAN V~KA VICE MAYOR GA~S COUNCILMAN OB~B'~6KJ COUNCILWOMA;7 P~EL~N! MAYOR FLOOD ~ ~ NOT CARREID. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, THAT THE CITY ACCEPT THE $3000.00 ESTABLISH A PRqG rT[ N{L (O O RrOr A TING THE ALLEY, WILL CON- NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTPAKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. ATTORNEY KILBRIDE EXPLAINED THAT SINCE THE COUNCIL VOTED SPECIFICALLY NOT TO OPEN THE MARTIN SUBDIVISION ALLEYWAY FOR VEHICULAR TRAFFIC, THAT A MOTION IS NEEDED TO OPEN THE ALLEYWAY FOR VEHICULAR TRAFFIC AND CONTINUED USE OF UTILITY EASEMENTS. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN VOTPAKA, THAT THE MARTIN SUBDIVISION ALLEY, BLOCK 3, BE OPENED AS A ONE WAY ALLEY FOR VEHICULAR TRAFFIC ONTO MARTIN LANE. ROLL CALL VOTE: A YES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTPAKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN OBERBECK, THAT WE AUTHORIZE THE CITY ENGINEER TO COMPLETE THE DESIGN OF THE MARTIN SUBDIVISION ALLEY. ROLL CALL VOTE: A YES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. REG~;LAR COUNCIL MEETING - DECEMBER 14, 1981 MR. MACQUEEN, LLOYD AND ASSOCIATES, STATED THAT THE PLANS FOR BOTH THE ALLEYWAY AND MARTIN LANE WOULD BE READY FOR BID IN ABOUT ONE MONTH. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN VOTPAKA, .THAT WE AUTHORIZE THE CITY ENGINEER TO GO AHEAD WITH THE DESIGN PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT AND PAVING OF MARTIN LANE. ROLL CALL VOTE: AYES: NAYS: ViCE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. ATTORNEY KILBRIDE EXPLAINED THAT THE COUNCIL SHOULD MOVE TO DIRECT THE BUILDING OFFICIAL TO ISSUE THE BUILDING PERMIT TO ATTORNEY RENE VAN DEVOORDE'S CLIENT IN ACCORDANCE WITH THE APPROVED SITE PLAN. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN VOTPAKA, TO DIRECT THE BUILDING OFFICi~i TO ISSUE THE BUILDING PERMIT IN ACCORDANCE WITH THE APPROVED SITE PLAN. ROLL CALL VOTE: AYES: VICE MA ASS COUNC L A j-- OTPAKA COUNCIL ?__ MAYOR FLOO?D NAYS: NONE  ~N CARRIED. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY C CILWOMAN PHELAN, THAT WE GO AHEAD AND ADVERTISE FOR A CITY ENGINEER IN THE F E S JOURWAL AT, COST OF $50.00. CARRIED. THE CITY CLERK READ A LETTER FROM M N HURST, CITY RESIDENT, MRS. DEWHURST INDICATED THAT SHE FELT THE MINUTES FROM THE COUNCIL MEETING WERE NOT COMPLETE ENOUGH AND THAT THE CITY ATTORNEY SHOULD~ MOTION BY COUNO~ 10 MINUTES. VICE MAYOR GASS~ C~UN ILMAN 0 K CTFD___ TO EX G T MEETING. NOT CARRrED. MOTION BY COUNCILMAN VOTAOKA, SECONDED BY VICE MAYOR GASS, THAT THE MEETING BE REOPENED FOR 10 MINUTES. COUNCILMAN OBERBECK OBJECTED. MOTION NOT CARRIED. MEETING ADJOURNED BY MAYOR PAT FLOOD, JR., AT 10:37 P.M. CITY CLERK MAYOR MINUTES APPROVED AT REGULAR COUNCIL MEETING OF JANUARY 11, 1982.