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HomeMy WebLinkAbout12211981REGULAR COUNCIL MEETING - DECMEBER 21, 1981 MEETING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M. PRESENT: VICE MAYOR GASS, COUNCILMAN OBERBECK, COUNCILMAN RICHARD VOTAPKA, COUNCILWOMAN FLORENCE PHELAN, CiTY ATTORNEY DANIEL KILBRIDE AND MAYOR PAT FLOOD, JR. COUNCILMAN OBERBECK REPORTED THAT HE HAD BEEN CONTACTED BU THE COUNCIL ON AGING, REGARDING THE NEED OF VOLUNTEERS TO TRANSPORT THE ELDERLY TO DOCTOR APPOINTMENTS AND THAT THE COUNCIL ON AGING IS WILLING TO PAY $0.19 PER MILE FOR THE SEBASTIAN, ROSELAND AND WABASSO AREA. ANY- ONE INTERESTED SHOULD CONTACT MRS. L. WILTON AT 569-0760. COUNCILWOMAN PHELAN REPORTED THAT SHE HAD RECEIVED TELEPHONE CALLS REGARDING THE POOR SERVICE FROM JONES INTERCABLE. MAYOR FLOOD EXPLAINED THAT JONES INTERCABLE IS TRYING TO GET A REPEATER FROM THE VERO BEACH AREA AND THAT THE FLORIDA EAST COAST RAIL ROAD CUT THE CABLE IN HALF WHI~'.E BORING A HOLE UNDER THE RAILROAD CROSSING ON STATE ROAD 512. COUNCILWOMAN PHELAN REPORTED THAT SHE NOTICED IN THE NEWSPAPER UNDER PUBLIC NOTICES, THAT SOMEONE HAD FILED A NOTICE AS DOING BUSINESS FROM;~120 KILDARE DRIVE, SEBASTIAN, WHICH IS SONED R-1. SHE STATED THAT SHE DID NOT KNOW WHAT KIND OF BUSINESS IT WAS BUT FELT THE COUNTY SHOULD BE NOTIFIED THAT WHEN THEY HAVE A RESIDENTIAL ADDRESS THAT AN OCCUPATIONAL LICENSE SHOULD NOT BE GIVEN OUT UNTIL THE CITY OF SEBASITAN IS MADE AWARE OF IT. VICE MAYOR GASS STATED THAT HE WAS AWARE OF THIS NOTICE ALSO AND INDICATED THAT THIS ADDRESS COULD BE USED AS A MAILING ADDR~. JtE F~%~w~D~-~T HE WOULD ASK THE BUILDING OFFICIAL TO ... ' \v/ ATTORNEY KILBRIDE STATED THAT THE COUNTY 3AS NO\ ~ONTROL OVER WHO PUTS NOTICES IN THE NEWS- PAPER AND THAT THE NOTICE ONLY~IN~CATES F6 US HO WE CAN CHECK OUT. THE CITY CLERK READ A MAILAGRAM,~DD~SS ~ MAYOR PAT FLOOD, JR. AND THE CITY OF SEBASTIAN, FROM MR. ROBERT ERHLING, PRESIDENT , GENERAL DEVELOPMENT CORPORATION, MIAMI, FLORIDA, CON- GRADULATING THE CITY OF SEBASTIAN Foc~E ~LETION OF THE CONSTRUCTION AND GRAND OPENING OF THE SEBASTIAN MUNICIPAL GOLF COUrSe. h MR. JIM DAVIS, COUNTY ENGINEER AND MR. MICHEL ORR, COUNTY'S TRAFFIC ENGINEER, DISPLAYED A ROAD LINKAGE MAP THAT HAD BEEN PREP~RF, D /A.~ ~ART OF THE COUNTIES COMPREHENSIVE LAND USE PLAN AND DISTRIBUTED COPIES OF THE FUNCTI~S~LA,L K,~AD CLASSIFICATION SUMMARY. MR. JIM DAVIS, C~ WERE COOPERATINfG. BE MAKING RECO'~t ORDER TO PROVIDE% NEEDS. THE RO~2 SEBASTIAN IP TO~ ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY, AN ORDINANCE ANNEXING FOUR PARCELS OF LAND: PARCEL A LOCATED IN THE NE ~ OF THE SE ~ OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST AND GOVERNMENT LOT 4, SEC. 21, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LESS PORTIONS THEREOF; PARCEL B AND C BEING A PART OF THE SOUTH ~ OF GOVERNMENT LOT 2, SEC. 2, TOWNSHIP 31 SOUTH, RANGE 39 EAST; PARCEL D BEING THE SOUTH 150 FEET OF THE NE ~ OF THE SE ~ OF SEC. 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN OBERBECK, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE ANNEXING FOUR PARCELS OF LAND: PARCEL A LOCATED IN THE NE ~ OF THE SE ~ OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST AND GOVERNMENT LOT 4, SEC. 21, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LESS PORTIONS THEROF; PARCEL B AND C BEING A PART OF THE SOUTH % OF GOVERNMENT LOT 2, SEC 2, TOWNSHIP 31 SOUTH, RANGE 39 EAST; PARCEL D BEING THE SOUTH 150 FEET OF THE NE ~ OF THE SE ~ OF SEC. 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST. ATTORNEY GARY BRAND ENBERG , ATTORNEY FOR INDIAN RIVER COUNTY, STATED THAT HE HAD APPEARED BEFORE THE COUNCIL ONE TIME IN THE PAST AND AT THAT TIME HAS WAS JUST AN OBSERVER. AFTER THAT MEETING HE REPORTED BACK TO HIS BOSS, THE BOARD OF COUNTY COMMISSIONERS AND THAT REPORT WENT TO THE BOARD ON DECEMBER 16, 1981. AT THAT TIME THE COUNTY COMMISSIONERS AUTHORIZED HIM TO PURSUE THIS MATTER FURTHER AND TO FORMALLY PRESENT THE COUNTY'S OBJECTIONS TO THE TOWN COUNCIL TODAY REGARDING THIS ANNEXATION. (DUCK POINT) HE EXPLAINED THAT THERE WERE SIX ISSUE2 THAT HE WANTED THE TOWN COUNCIL TO GiVE SERIOUS CONSIDERATION BEFORE A VOTE iS TAKEN ON THiS MATTER. THE FIRST ONE AS MENTIONED IN THE PAST, IS THAT THE ANNEXATION CREATES AN UNiNCOR- PORATED ENCLAVE AND THAT THE FLORIDA STATUTE SECTION 1'71.044 SPECIFICALLY STATES THAT LAND SHALL NOT BE ANNEXED THROUGH VOLUNTARY ANNEXATION WHERE SUCH ANNEXATION RESULTS IN THE CREATION OF AN ENCLAVE. HE STATED THAT THE STATUTE DOES NOT SAY A MUNICIPAL ENCLAVE, IT SAYS ENCLAVE, MEANING ANY TYPE OF ENCLAVE, MUNICIPAL OR UNINCORPORATED. PART TWO IS THAT THE AREA IS NOT CONTIGUOUS, AND THAT THE STATUTE DEFINES CONTIGUOUS AS MEANING A SUBSTANTIAL PART OF THE BOUNDARY OF THE AREA TO BE ANNEXED IS COTERMINOUS WITH THE MUNICIPALITY. HE STATED THAT HERE IT IS NOT. A VERY MINOR PORTION OF THE BOUNDARY OF THE PROPERTY YOU ARE PROPOSING TO ANNEX TOUCHES ON YOUR CURRENT MUNICIPAL BOUNDARIES. THIS SECTION ALSO TALKS ABOUT HAVE A UNIFIED WHOLE FOR THE PURPOSE OF PROVIDING MUNICIPAL SERVICES TO IT. THIS IS NOT A UNIFIED WHOLE AS A PIECE OF PROPERTY AND AS SUCH IF ANNEXATIONS OF THIS NATURE OCCUR THROUGHOUT THE COUNTY AND THROUGHOUT THE STATE IT WOULD BE VERY DIFFICULT FOR GOVERNMENTS ~ WORKING TOGETHER TO PROVIDE UNIFORMALLY MUNICIPAL SERVICES. THE AREA IS NOT REASONABLLY COMPACT. iT IS A CONVOLUTED LEGAL DESCRIPTION THAT YOU ARE LOOKING AT. HERE THE STATUTE i . TALKS ABOUT A CONCENTRATION OF PROPERTY IN A SINGLE AREA AND PRECLUDES ANY ACTION THAT WOULD REGULAR COUNCIL MEETING - DECEMBER 21, 1981 CREATE ENCLAVES, FINGERS OR POCKETS. THE CITY ATTORNEY HAS ADVISE YOU TO RELY ON AN ATTORNEY GENERAL OPINION THAT SOMEHOW REACHES THE CONCLUSION THAT AN ENCLAVE IN THE TERMS THAT THE STATUTE TALKS ABOUT, DOES NOT INCLUDE A COUNTY ENCLAVE, IF IT DOES NOT INCLUDE A COUNTY ENCLAVE, IT WOULD CERTAINLY INCLUDE A COUNTY POCKET. THE FOURTH RE;tSON IS THAT THIS MUNICIPALITY HAS NO PLANS TO PROVIDE THIS AREA WITH ANY MUNICIPAL SERVICES IN THE FUTURE AND THAT THE AREA DOES NOT CURRENTLY HAVE. THERE ARE NO PLANS AND IT DOESN'T APPEAR TO HAVE ANY REALISTIC CAPACITY OF YOUR MUNICIPALITY TO PROVIDE THAT AREA WITH CENTRALIZED WATER OR SEWER TREATMENT. HE STATED THAT THE ONLY SERVICE THAT HE UNDERSTANDS THE MUNICIPALITY CAN PROVIDE IS A SERVICE THE CITY ALREADY HAS AND THAT IT IS A SPORATiC PATROL BY THE CITY'S POLICE DEPARTMENT AS OPPOSED TO A SPORATIC PATROL BY THE COUNTY SHERIFF DEPARTMENT. IT IS NOT AN INCREASE IN THE MUNICIPAL SERVICES THAT YOU ARE OFFERING, IT IS JUST A REPLACEMENT. IN FACT WHAT YOU WILL FIND BY THE ANNEXATION OF THIS PROPERTY IS THAT YOU ARE GOING TO HAVE DIFFICULTY IN CONTROLLING TRAFFIC ALONG THE MAJOR ROAD WAY THAT RUNS ALONG THE HIGHWAY. IF YOU ARE COMING DOWN THAT ROAD' WAY YOU WILL BE LEAVING THE COUNTY, ENTERING THE CITY AGAIN AND HOW ARE YOU GOING TO DEFINE WHO HAS THE' AUTHORITY FOR CONTROLLING THE TRAFFIC ALONG THAT CORRIDOR. THE LAST REASON WHY I FEEL YOU SHOULD NOT ADOPT THIS ORDINANCE ~S BECUASE YOUR NOTICE REQUIREMENTS HAVE NOT BEEN MET. HE STATED THAT THE FLORIDA STATUTE SPECIFICALLY REQUIRES ALL NOTICE OF PUBLIC HEARINGS CONTAIN THE LANGUAGE, THAT IF SOMEONE WANTS TO CONTEST THE DECISION BY THE BOARD, THAT THEY SHOULD BRING THEIR OWN COURT REPORTER TO ASSURE THAT A VERBATIM TRANSCRIPT OF THE PROCEEDING CAN BE HAD FOR COURT ROOM PURPOSES. HE STATED THAT NONE OF THE ADS FOR THIS ANNEXATION, TO HIS KNOWLEDGE INCLUDE THAT LANGUAGE AND THAT THE ADS WERE JURISDICTIONALLY IMPROPER FOR THAT REASON. HE STATED THAT HE WOULD LIKE FOR EVERYONE TO CONSIDER THESE POINTS BEFORE ANY ACTION IS MADE, AND ESRECIALLY APPRECIATED BEING ABLE TO APPEAR BEFORE THE COUNCIL TONIGHT. DEVELOPMENT CORPORATION REGARDiNG~HE WATER AN~ ~S~WER SITUATION IN THIS AREA. (DUCK POINT) GENERAL DEVELOPMENT CORPORATIOU INDICATED IHAT ~HIERE WILL BE A MAIN PLANT ABOUT ONE MILE AWAY AND THAT THERE IS A POSSIB~IL~Y T~AT WATER~ ~AN BE BROUGHT TO THIS AREA. AS FAR AS POLICE PROTECTION, MAYOR F~OD ~-~DICATED THAT THE POLICE DEPARTMENT WILL BE PATROL~ LING IN THAT AREAN ANYWAY BECUASE OF THE NEW SCHOOL AND THE STRATTON STREET EXTENSION. MAYOR FLOOD STATED THAT THE PURPOSE H ST NNEXATION IS TO START SQUARING OFF THE CITY AND WITH NATURAL BOUNDARIES SUCH AS THE RIVE~,~ FELT IT WOULD BE A GOOD PLACE TO START. MIGHT POSSIBLY INDUCE SOMEONE TO COME IN AND GIVE THE CITY OF SEBASTIAN A FIRST CLASS SHOPPIN~ COUNCILMAN VOT\ T H EL THIS PRO BE SQUARING OFF THE CITY ANNEXATION BEC~ ~ ~ C6~ ~~TAS C6~ R Y JUgT__ .VOR__ ~TH~._.~CITY LIMITS. COUNCILMAN OBERBE(~,K STATED THAT THIS AREA PROPOSED FOR ANNEXATION IS PLANNED TO HAVE A BETTER QUALITY OF HOMES, A DECENT SUBDIVISION WITH THE TAX BASE BEING ALOT HIGHER THAN THE SEBASTIAN HIGHLANDS AND WHEN RECOVERED IN TAX DOLLARS, IT WILL ENABLE THE CITY TO PROVIDE SERVICE THAT IS NEEDED. HE FELT THE CITY NEEDED TO START CONSIDERING SOME COMMERCIAL AND INDUSTRIAL IN THE COMMUNITY. AFTER A VERY LENGTHY DISCUSSION REGARDING THE WATER SYSTEM FOR THE DUCK POINT PROPERTY, COUNTY ATTORNEY BRANDENBURG INDICATED THAT HE WANTED TO CLARIFY A STATEMENT BY EXPLAINING THAT THE CITY OF SEBASTIAN ITSELF CANNOT PROVIDE MUNICIPAL SERVICE TO THIS AREA. (DUCK POINT) ATTORNEY BRNADENBURG, COUNTY ATTORNEY, STATED THAT THE INDIAN RIVER COUNTY COMPREHENSIVE LAND USE PLAN HAD NOT BEEN ADOPTED YET AND IF THE CITY OF SEBASTIAN RESIDENTS DIDN'T FEEL THERE WAS ENOUGH COMMERCIAL AREA CLOSE ENOUGH TO THE CITY OF SEBASTIAN THAT THEY SHOULD APPEAR BEFORE THE COUNTY COMMISSIONERS ON JANUARY 6, 1982 AT A PUBLIC HEARING. COUNCILWOMAN PHELAN STATED THAT SHE FEELS THIS ANNEXATION CREATES A FINGER OFF OF THE SIDE. IT LEAVES ALOT TO BE DESIRED BETWEEN CONNECTORS AND SINCE IT CONNECTS TO GENERAL DEVELOPMENT CORPORATION, ITS SO FAR BACK OFF OF U.S. HIGHWAY #1 WHERE THEY ARE ADJOINING, THAT ITS CREAT- ING A PROBLEM ALONG U,S. HIGHWAY #1 WHERE THEY WILL BE CROSSING OVER IT. IN REGARDS TO COUNTY ATTORNEY BRANDENBURG'S ISSUES CONCERNING THE DUCK POINT ANNEXATION, ATTORNEY KILBRIDE EXPLAINED THAT AS FAR AS AN ENCLAVE IS CONCERNED, THE STATE LAW REGARDING ANNEXATION WHETHER IRS THROUGH ~OLUNTARY OR REFERENDUM, DOES PROHIBIT THE INCORPORATION OF THE ANNEXATION PROPERTY THAT WOULD CREATE AN ENCLAVE. ALTHOUGH, THE ATTORNEY GENERAL HAS WRITTEN OPINION, WHICH IS FOUND TO BE PERSUASIVE AND STATES TO HIM THAT CREATING AN ENCLAVE OF UNINCORPORATED TERRITORY IS NOT WITHIN THE DEFINITION OF THE TERM IN THE STATE STATUTE AND PARTICULARY BECUASE A FEDERAL HIGHWAY RUNS RIGHT THROUGH THIS PROPERTY. THE COUNTY CAN CONTINUE TO PRESERVE AND PROVIDE THE SAME SERVICES THEY ARE PROVIDING NOW WITHOUT DISRUPTION OR PROBLEM AS GAR AS THIS PARTICULAR PIECE OF PROPERTY OR AREA THAT WOULD BE IN THIS SO CALL- ED ENCLAVE. AS FAR AS CONTIGUOUS, OVER 600 FEET OF THE PROPERTY THAT IS PROPOSED TO BE ANNEX. ED ABUTTS THE CITY. SINCE THE STATUTE DOES PROVIDE FOR THE FACT THAT A SUBSTANTIAL PART OF THE BOUNDARIES OF THE PROPERTY BE CONTIGUOUS OR COTERMINOUS WITH THE CITY, ATTORNEY KILBRIDE STATED THAT HE FELT CONFIDENT THAT IT IS CONTIFUOUS AND WHETHER OR NOT IT IS A SUBSTANTIAL PART WOULD BE A DECISION FOR THE COUNCIL TO MAKE. IN DETERMINING WHETHER THIS AREA IS REASONABLY COMPACT OR NOT, THE PARCEL SHOULD BE LOOKED AT AS A WHOLE AND CONSIDERED HOW IT WOULD BE SERVICED WHEN IT IS DEVELOPED AND HOW IT CONNECTS TO THE CITY. REGULAR COUNCIL MEETING - DECEMBER 21, 1981 ATTORNEY KILBRIDE STATED THAT ANNEXATION DOES NOT REQUIRE THAT THE CITY HAVE OR DO A SUBSTANTIAL STUDY OF WHEN, IF AND HOW IT CAN PROVIDE MUNICIPAL SERVICES TO AN AREA. THIS IS AN UNDEVELOPED AREA, HE FEELS THAT THE CITY COUNCIL HAS LIIKED INTO IT AND FAMILIARIZED THEMSELVES WITH THE POTENTIAL FOR FUTURE DEVELOPMENT. SINCE SINCE ATTORNEY KILBRIDE WAS UNFAMILIAR!'WITH THE STATE STATUTE SECTION 286.0105, HE RECOMMENDED THAT THE'COUNCIL ABSTAIN FROM VOTING UNTIL HE HAS A CHANCE TO READ AND REVIEW THE STATUTE. AFTER A BRIEF RECESS, ATTORNEY KILBRIDE QUOTED THE FLORIDA STATE STATUTE SECTION 286.0105 AS REFERED TO BY COUNTY ATTORNEY BRANDENBURG. THE STATUTE READS AS FOLLOWS: NOTICES OF MEETINGS AND HEARINGS MUST ADVISE THAT A RECORD IS REQUIRED TO APPEAL. EACH BOARD, COMMISSION OR AGENCY OF THIS STATE OF ANY POLITICAL SUBDIVISION THEREOF SHALL INCLUDE IN THE NOTICE OF ANY MEETING OR HEARING, IF NOTICE OF THE MEETING OR HEARING IS REQUIRED, OF SYCH BOARD, COMMISSION, OR AGENCY CONSPICUOUSLY ON SUCH NOTICE, THAT ADVICE THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING, HE WILL NEED A RECORD OF THE PROCEED- INGS, AND THAT, FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED ON. ATTORNEY KILBRIDE STATED THAT THIS STATUTE WAS ADOPTED AT THE LAST SESSION OF THE FLORIDA LEGISLATURE AND IN READING IT HE DID NOT KNOW WHETHER IT APPLIED TO THIS MEETING BEING HELD TONIGHT OR WHETHER iT WAS REQUIRED FOR THE PUBLIC HEARING. HE STATED THAT THIS IS A REQUIRE- MENT THAT WOULD PERTAIN TO THE /CJ~ BJ. kT~O~%FF~L IT WAS JURISDICTIONAL OR FUNDAMENTALLY CHAPTER 177. HE STATED THAT HE W~-S PRESE.VI AT\T~ , PUBLIC HEARING FOR THIS ANNEXATION, NOT AS A MEMBER OF THE COUNCIL BUT A.g A ME.~BE.~ AT L~R~GE AND TO HIS RECOLLECTION NO OBJECTIONS WERE RAISED AT THAT TIME TO TH_~S~NEXATIOB. COUNCY ATTORNEY BRANDENBURG, STA~D ~AT ~ WAS OF THE OPINION THAT, IF THE LEGISLATURE DID NOT WANT THAT LANGUAGE SPECIFICALLY INCLUDED IN YOUR NOTICE OF HEARING, THEY WOULD NOT HAVE MAYOR FLOOD STATED THAT HE FELT SURE FNAT H~HAS NOT SEEN THIS LANGUAGE ON THE COUNTY'S ATTORNEY KILBRIDF_--.EXPnaTmEIi_T. HAT T_H_LS STAWJ~TE~Ar~nPTEiL-IN T-B.E.--1980 SESSION OF THE ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK MAYOR FLOOD COUNCILMAN VOTPAKA COUNCILWOMAN PHELAN CARRIED. COUNCILMAN VOTAPKA STATED THAT HE DID NOT VOTE IN FAVOR OF THIS ORDINANCE FOR THE FOLLOWING REASONS: IT IS NOT A COMPACT ADDITION TO THE INCORPORATED TERRITORY OF THE CITY. IT IS NOT A LOGICAL EXTENSION OF THE CITY AS PRESENTED HERE. IT DOES NOT CONSTITUTE THE SUBSTANTIAL PART OF THE BOUNDARIES, WITH THE CORPORATE BOUNDARIES OF THE EXISTING CITY LIMITS. COUNCILWOMAN PHELAN STATED THAT SHE DID NOT VOTE INFAVOR OF THIS ORDINANCE FOR ITHE ;~'~SONS SHE DISCUSSED IN THE DISCUSSION PERIOD. MAYOR ~LOOD STATED THAT HE VOTED IN FAVOR OF THIS ORDINANCE BECAUSE HE FEELS IT IS COMPACT AND IT WOULD BE A GOOD EXTENSION FOR THE CITY OF SEBASTIAN, ATTORNEY KiLBRIDE STATED THAT FROM THE BEGINNING OF THIS APPLICATION, HIS ADVICE TO THE COUNCIL WAS, THAT NO REPRESENTATION AS FAR AS ZONING OR LAND USE CONCERNING HOW THIS PROPERTY WILL BE USED HAS BEEN PROMISED OR CONSIDERED. THE APPLICATIONS IS FOR VACANT LAND TO BE ANNEXED INTO THE CITY AND THAT IS THE ONLY CRITERIA THAT HAS BEEN BASED ON STATUTORY REQUIRE- MENTS. ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY AN ORDINANCE ANNEXING FOUR PARCELS OF LAND: PARCEL A LOCATED IN THE NE% OF THE SE ~ OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST AND GOVERNMENT LOT 4, SEC. 21, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LESS PORTIONS THEREOF; PARCEL B AND C BEING A PART OF THE SOUTH% OF GOVERNMENT LOT 2, SEC. 2, TOWNSHIP 31 SOUTH, RANGE 39 EAST; PARCEL D BEING THE SOUTH 150 FEET OF THE NE ~ OF THE SE ~ OF SEC. 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN OBERBECK, TO ADOPT THE THIRD AND FINAL REGULAR COUNCIL MEETING - DECEMBER 21, 1981 READING OF AN ORDINANCE ANNEXING FOUR PARCELS OF LAND: PARCEL A LOCATED IN THE NE ~ OF THE SE ~ OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST AND GOVERNMENT LOT 4, SEC 21, TOWNSHIP 31 SOUTH, RNAGE 39 EAST, LESS PORTIONS THEREOF: PARCEL B AND C BEING A PART OF THE SOUTH % OF THE GOVERNMENT LOT 2, SEC. 2, TOWNSHIP 31 SOUTH, RANGE 39 EAST; PARCEL D BEING THE SOUTH~ 150 FEET OF THE NE ~ OF THE SE ~ OF SEC. 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK MAYOR FLOOD COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN CARRIED. COUNCILMAN VOTAPKA STATED THAT HE DID NOT VOTE IN FAVOR OF THIS ANNEXATION FOR THE SAME REASONS AS STATED PREVIOUSLY. COUNCILWOMAN PHELAN STATED THAT SHE DID NOT VOTE IN FAVOR OF THIS ANNEXATION FOR THE SAME REASONS AS STATED PRIOR. MAYOR FLOOD STATED THAT PROPERTY CLEARING LIENS HAVE BEEN FILED AGAINST LOTS OWNED BY MR. ELLIOTT KEPPLER IN RIVER'S EDGE SUBDIVISION. MAYOR FLOOD ALSO DISCUSSED THE P~I~I~_~O~ ~_~TTING PEOPLE LIVING IN RIVER'S EDGE TO COUNCILMAN OBERBECK QUESTIONED THE LIE.VS AND WE~I~ DRILLING AND WAS CONCERNED IF THIS WOULD BE DISCRIMINATING AGAINST MR. K~ER. U ATTORNEY KiLBRIDE STATED THAT WE---HAVE'--A S~-~T THAT IS BEING PREPARED STATING THAT MR. KEPPLER IS OPERATING AN ILLEGAL WATER SYSTEM IN RIVER'S EDGE AND THAT IS WHO THE CLAIM IS AGAINST NOT THE INDIVIDUAL CUSTOMERS WHO ARE/~-~NG--I~RIVED OF A LAWFUL SYSTEM. TO SAY THAT SA IS AIMED AT THE DEVELOPER OF THAT SYS~BM ANtNO ONE ELSE IS NOT DISCRIMINATORY. MOTION BY COUNCILMAN VOTAPKA, SECONDE~ BY V~E MAYOR GASS, THAT WE ALLOW EXISTING RESIDENTS AND OR PROPERTY OWNERS WITHIN THE R~VE.R'~ E~GE SUBDIVISION OTHER THAN MR. KEPPLER OR KEPPLER LAND IMPROVEMENTS COMPANY OR SUCCESS~R~/OR--~SSIGNS, TO HAVE POTABLE DRINKING WATER WELLS INSTALLED, PROVIDED THAT THE SAME LOT IS CONNECTED TO THE RIVER'S EDGE SANITARY SEWER SYSTEM WATER SYSTEM IN( K _CFRD E SUBDIVISION ~ E A ND~0 ~E- S N ASKED IF HE NEED F A NOTICE OF CONF ~[~T~D--A~D_T_HE ~i~E ~iNECTED TO THE RIVER'S EDGE E~--O~&~E THE /W?~{ER S~TEM RECEIVES ITS OPERATING ICT. ATTORNEY KILBRIDE STATED THAT COUNCILMAN OBERBECK WOULD NEED TO FILE A NOTICE OF CONFLICT WITHIN 48 HOURS. COUNCILWOMAN PHELAN STATED THAT SHE SHE FELT VERY CONCERNED REGARDING THE DISCRIMINATORY END. MAYOR FLOOD STATED THAT HE WOULD GO TO THE COUNTY BOARD OF HEALTH AND SUGGEST THEY DON'T ISSUE A WELL PERMIT ON MR. KEPPLER'S EXISTING LOTS. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. MOTION BY COUNCILWOMAN PHELAN, SECONDED BY COUNCILMAN OBERBECK, THAT OUR MAYOR, PAT FLOOD, AND ATTORNEY KiLBRIDE GO DOWN TO THE COUNTY HEALTH DEPARTMENT TO DISCUSS THE PROS AND CONS REGARDING THE GRANTING OF PERMISSION FOR PEOPLE IN RIVER'S EDGE TO INSTALL WELLS ON ANY PROPERTY TRANSFERRED AFTER TOADY. MAYOR FLOOD STATED THAT HE WILL GET A LIST OF THE EXISTING LOTS THAT MR. ELLIOTT KEPPLER OWNS. CARRIED. COUNCILMAN VOTAPKA REPORTED THAT AS OF FRIDAY, TEN WATER SAMPLES HAVE BEEN TAKEN FROM THE WELL AT RIVER'S EDGE AND PASSED. THEY HOPE TO FINISH UP BY CHRISTMAS EVE. REGULAR COUNCIL MEETING - DECEMBER 21, 1981 MAYOR FLOOD EXPLAINED THAT FOR THE LAST FOUR TO SIX WEEKS THERE HAS BEEN A TREMENDOUS AMOUNT OF INCIDENTS OCCURRING AT A LOCAL BAR AND WITH A LONG HOLIDAY APPROACHING HE FELT IT WAS NECESSARY FOR THE COUNCIL TO LOOK AT THIS SITUATION AND TO TAKE EMERGENCY ACTION. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN OBERBECK, TO BRING TO THE FLOOR A DISCUSS~ ION REGARDING EMERGENCY STEPS TO BE TAKEN, REGARDING THE ILLEGAL CONDUCT AT A LOCAL BAR. CARRIED. MAYOR FLOOD RECOMMENDED THAT THE OWNERS OF THE LOCAL BAR HIRE AN OUTSIDE SECURITY SERVICE AND TO POST SECURITY INSIDE AND OUTSIDE THE BAR. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY VICE MAYOR GASS, THAT WE AS THE CITY REQUIRE THE HOOT-N -OWL NORTH, TO EMPLOY A SECURITY FIRM ACREDITED AND BONDED AND LICENSED BY THE STATE OF FLORIDA, TO PROTECT THE SECURITY OF THE PREMISES DURING THE HOURS OF 6:00 P.M. TO CLOSING WHEN THE ESTABLISHMENT IS OPEN. THERE SHOULD BE A MINIMUM OF THREE SECURITY PERSONNEL ON THE PREMISES AT ALL TIMES DURING THESE HOURS AND THE SECURITY PERSONNEL SHALL BE STATIONED AT THE PREMISES FROM DECEMBER 24, 1981 THROUGH JANUARY 3, 1982 AND THERE AFTER FROM 6:00 P.M. UNTIL CLOSING, MONDAY THROUGH FRIDAY, SATURDAY AND SUNDAY FROM 1:00 P.M. UNTIL CLOSING. ROLL CALL VOTE: AYES: VICE MAYOR GASS COUNCILMAN OBERBECK COUNC_-I~W~A~ PHE.SAN · MAYOR FLOOD NAYS: ~ NONE CARRIED. MAYOR FLOOD STATED THAT HE AND THE POLICE CHIEF WOULD HAND DELIVER THE LETTER TO THE OWNERS OF THE HOOT- N-OWL' BAR.'..INORTH. ~ .. MAYOR FLOOD STATED THAT THE AWARDS CO.~MITIECMET REGARDING THE CLUB HOUSE AT THE GOLF COURSE AND IT WAS THEIR RECOMMENDATION TO AWARD ~H~BID TO JACK JACKSON CONSTRUCTION, CORPORATION, VERO BEACH, ~J~ ~ MOTION BY COUNCILMAN OBERBECK, THAT W~ALLOCATE $106,000.00 TOWARDS THE CONSTRUCTION OF THE GOLF COURSE CLUB HOUSE AND AWARD THE CONTRACT TO JACK JACKSON. COUNCILMAN OBE W R S 0 MOTION BY COUNCA A yIC , T 125,000.00 BE ALLOCATED ROLL CALL VOTE: A YES: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NAYS: NONE CARRIED. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, THAT WE AWARD THE CONTRACT FOR THE GOLF COURSE CLUB HOUSE TO JACK JACKSON, CORPORATION, VERO BEACH AND CONTRACT NOT TO EX- CEED $106,000.00 ATTORNEY KILBRIDE EXPLAINED THAT JACK JACKSON, CONTRACTOR, HAS MADE APPLICATION FOR A PER- FORMANCE BOND AND FELT SURE IT WOULDN'T COME THROUGH FOR ANOTHER THREE OR FOUR WEEKS. IN ORDER FOR THE CONTRACTOR TO PROCEED, HE IS WILLING TO PROCIDE AN ALTERNATE SECURITY OF $30,000.00 IN CERTIFICATES OF DEPOSIT UNTIL HIS PERFORMANCE BOND IS POSTED. ATTORNEY KILBRIDE EXPLAINED THAT THE CITY COULD HOLD THE $30,000.00 IN CERTIFICATES OF DEPOt! AS SECURITY ALONG WITH THE BID BOND OF $5,000.00 AND THAT THIS WOULD BE SUFFICIENT TO GO FORWARD. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. MOTION BY COUNCILWOMAN PHELAN, SECONDED BY COUNCILMAN VOTAPKA, TO WITHHOLD PAYMENTS OF ANY REGULAR COUNCIL MEETING - DECEMBER 21, 1981 DRAWS UNTIL THE PERFORMANCE BOND IS POSTED WITH THE CITY. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILWOMAN PHELAN MAYOR FLOOD NONE CARRIED. THE CITY CLERK STATED THAT THERE WERE THREE APPLICATIONS RECEIVED FOR THE SEBASTIAN CODE ENFORCEMENT BOARD. MAYOR FLOOD RECOMMENDED THAT WE WAIT UNTIL THE NEXT WORKSHOP MEETING, JANUARY 6, 1982, TO SEE IF WE CAN GENERATE ANOTHER APPLICANT IN ORDER TO MAKE A QUORUM. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN VOTPAKA, THAT THE APPOINTMENTS TO THE SEBASTIAN CODE ENFORCEMENT BOARD BE TABLED UNTIL THE NEXT REGULAR COUNCIL MEEING, JANUARY 11, 1982. CARRIED. MAYOR FLOOD REPORTED THAT SEVERAL APPLICATIONS HAD BEEN RECEIVED FOR THE SEBASTIAN MUNICIPAL GOLF COURSE BOARD OF DIRECTORS AND RECOMMENDED THAT MATTER BE TABLED UNTIL THE NEXT WORK- SHOP MEETING, JANUARY 6, 1982, TO ALLOW THE COUNCIL TIME TO REVIEW THEM. - MOTION BY COUNCILMAN OBERBECK, NDED AN VOTPAKA, THAT WE TABLE THE BOARD OF DIRECTOR APPLICATIONS FOR THE N~.XT WORKSHg~ ME~TI~G. CARRIED. MAYOR FLOOD ANNOUNCED THAT THE~E~W~LL BE A FLOR~AIf LEAGUE OF CITIES MEETING ON JANUARY 7, COUNCILWOMAN PHELAN OBJECTED TO BOTH/~J~ VJ_C~ MAYOR AND MAYOR ATTENDING THE FLORIDA LEAGUE OF CITIES MEETING. f ~ ~ ~ AFTER SOME DISCUSSION, MAYOR FLOOD SAID TAAT~HE AND VICE MAYOR GASS WOULD DECIDE WHICH ONE WOULD ATTEND, MAYOR FLOOD ADDED THAT ATTORNEY KILBRIDE IS ALSO SCHEDULED TO GO AND COUNCIL- MOTION BY COUNCILMAN OBERBECK, THAT THE MAYOR AND VICE MAYOR BE SENT TO THE' FLORIDA LEAGUE ATTORNEY KILBRI~E~TATE~ TqA~f ~IN~C~ THI~, W~S NOT AN ~GE~I~ %ITXM,I A VOTE COULD NOT BE TAKEN. JANUARY 6, 1982. CARRIED. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN VOTPAKA, THAT THE RESOLUTION FOR THE VARIANCE BOARD BE TABLED UNTIL THE NEXT REGULAR WORKSHOP MEETING, JANUARY 6, 1982. CARRIED. AFTER A DISCUSSION REGARDING THE PRICE INCREASE ON CEMETERY LOTS, THE ONLY OBJECTIONS WAS THAT THE FOUNDATION SHOULD NOT BE INCLUDED IN THE CEMETERY LOT PRICE. MAYOR FLOOD INSTRUCTED ATTORNEY KILBRIDE TO MAKE THIS AMENDMENT TO THE RESOLUTION AND THAT ACTION WOULD BE TAKEN AT THE NEXT REGULAR COUNCIL MEETING, JANUARY 11, 1982. AFTER A DISCUSSION CONCERNING WHAT IMPORTANT INFORMATION SHOULD BE PROVIDED FOR ANNEXATION, MAYOR FLOOD RECOMMENDED THAT COUNCILMAN VOTPAKA TURN OVER HIS ROUGH DRAFTS TO THE CITY CLERK SO SHE COULD MAKE COPIES TO GO ALONG WITH THE ORIGINAL APPLICATION FOR COMPARISON AND REVIEW. AFTER A BRIEF DISCUSSION REGARDING THE FLORIDA POWER AND LIGHT AGREEMENT, COUNCILMAN VOTAPKA RECOMMENDED THAT THE AGREEMENT iNCLUDE THAT THE CITY OF SEBASTIAN BE NOTIFIED ON A QUARTERLY BASIS AS TO THE NUMBER OF CONVERSIONS MADE AND GENERAL LOCATIONS WHERE CONVERSIONS WERE COMPLETED. MAYOR FLOOD STATED THAT HE WOULD SIGN THE AGREEMENT WITH COUNCILMAN VOTAPKA'S RECOMMENDATION AND IF FLORIDA POWER AND LIGHT WILL NOT ACCEPT IT HE WOULD THEN REPORT BACK TO THE COUNCIL AT THE NEXT REGULAR COUNCIL MEETING, JANUARY 11, 1982. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY VICE MAYOR GASS, THAT WE ACCEPT THE AGREEMENT AS AMENDED WITH FLORIDA POWER AND LIGHT COMPANY. CARRIED. COUNCILWOMAN PHELAN WAS NOT IN FAVOR OF THE FLORIDA POWER AND LIGHT AGREEMENT. MOTION BY COUNCILMAN VOTPAKA, SECONDED BY VICE MAYOR GASS, TO EXTEND THE MEETING AN ADDITION- AL FIVE MINUTES. CARRIED. REGULAR COUNCIL MEETING - DECEMBER 21, 1981 THE CITY CLERK READ A RESOLUTION VACATING, ABOLISHING, ABANDONING AND DISCONTINUING EASE- MENT BETWEEN THE NORTHEAST SIDE OF LOT 3 AND THE SOUTHWEST SIDE OF LOT 4, BLOCK 308, UNIT 10, SEBASTIAN HIGHLANDS. (PEASE) MOTION BY COUNCILMAN VOTPAKA, SECONDED BY VICE MAYOR GASS, TO ADOPT A RESOLUTION VACATING, ABOLISHING, ABANDONING AND DISCONTINUING EASEMENT BETWEEN THE NORHTEAST SIDE OF LOT 3 AND THE SOUTHWEST SIDE OF LOT 4, BLOCK 308, UNIT 10, SEBASITAN HIGHLANDS. (PEASE) CARRIED, THE CITY CLERK READ A RESOLUTION VACATING, ABOLISHING, ABANDONING AND DISCONTINUING EASEMENT BETWEEN THE NORTHEST SIDE OF LOT 9 AND THE SOUTHWEST SIDE OF LOT 10, BLOCK 354, UNIT 11, SEBASTIAN HIGHLANDS. (ST. GEORGE) MOTION BY VICE MAYOR GASS, SEOCNDED BY COUNCILMAN VOTPAKA, TO ADOPT THE RESOLUTION VACATING, ABOLISHING, ABANDONING AND DISCONTINUING EASEMENT BETWEEN THE NORTHEAST SIDE OF LOT 9 AND THE SOUTHWEST SIDE OF LOT 10, BLOCK 354, UNIT 11, SEBASTIAN HIGHLANDS. (ST. GEORGE) CARRIED. THE CITY CLERK READ A RESOLUTION VACATING, ABOLISHING, ABANDONING AND DISCONTINUING EASEMENT BETWEEN THE NORTHEAST SIDE OF LOT 8 AND THE SOUTHWEST SIDE OF LOT 9, BLOCK 189, UNIT 6, SEBASTIAN HIGHLANDS. (PALMER) MOTION BY COUNCILMAN VOTPAKA, SECONDED BY COUNCILWOMAN PHELAN, TO ADOPT A RESOLUTION VA ABOLISHING, ABANDONING AND DISCONTINUING EASEMENT BETWEEN THE NORTHEAST SIDE OF LOT 9 AND THE SOUTHWEST SIDE OF LOT 9, BLOCK 189, UNIT 6, SEBASITAN HIGHLANDS. (PALMER) CARRIED. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN VOTPAKA, TO PERMIT THE LENHARDT'S TO SERVE ALCOHOLIC BEVERAGES AT A N~J~ YF~A_~'~J-E .RAR_T-Y TO BE HELD AT THE SEBASITAN YACHT CLUB, ' MOTION BY COUNCILMAN OBERBECK, SECONDED B.. VICE\M~YOR GASS, TO BRING SOMETHING ON THE FLOOR. ~ U CARRIED. COUNCILMAN OBERBECK STATED THAT IT SHOULD BE RESOLVED WHO IS GOING TO ATTEND THE FLORIDA L~'AGUE OF CITIES MEETING ON JANUARY 7, 1981. MOTION BY COUNCILMAN OBERBECK, THAT T~AY~AND----~ VICE MAYOR ATTEND THE FLORIDA LEAGUE OF CITIES MEETING. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILWOMAN PHELAN, THAT THE MAYOR OR VICE MAYOR CITY CLERK MAYOR MINUTES APPROVED AT REGULAR COUNCIL MEETING JANUARY ll, 1982.