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HomeMy WebLinkAbout01081979REGULAR COUNCIL MEETING, JANUARY 8, 1979 MAYOR FLOOD CALLED THE MEETING TO ORDER AT 7:00 P.M. PRESENT: VICE MAYOR LEWIS GRAY, COUNCILMEN EVERETT T. GASS AND JOHN R. JOACHIM, COUNCILWOMAN DOROTHY W. MCKINLEY, MAYOR PAT FLOOD, JR., AND MR. L. B. VOCELLE (CITY ATTORNEY) ~ A PLAQUE WAS PRESENTED TO MR. CLIFFORD HOOSE IN APPRECIATION OF HIS FAITHFUL SERVICE TO THE CITY FOR THE PAST SEVEN YEARS, BOTH AS A CITY COUNCILMAN AND VICE MAYOR. MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILMAN JOACHIM, TO APPROVE THE MINUTES OF PUBLIC HEARING OF DECEMBER 6, 1978, REGULAR COUNCIL MEETING OF DECEMBER 11, 1978, SPECIAL MEETING OF DECEMBER 14, EMERGENCY MEETING OF JANUARY 2, 1979. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN GASS, TO PAY DECEMBER BILLS IN THE AMOUNT OF $10,387.67. CARRIED. MR. EUGENE CRAGG READ A PREPARED STATEMENT CONCERNING THE JUNE 9, 1976 AGREEMENT ON ROADS AND DRAINAGE WITH GENERAL DEVELOPMENT CORPORATION. (COPY ATTACHED) HE EMPHASIZED PERTINENT PARTS OF THE AGREEMENT AND TRACED THE PROGRESS OF VARIOUS INSPECTIONS AND THE ACCEPTANCE OF CERTAIN UNITS. MR. CRAGG FELT THIS WAS A GOOD AGREEMENT AND CAREFUL CONSIDERATION SHOULD BE GIVEN TO KEEPING IT. IN REBUTTAL, MAYOR FLOOD FELT THE AGREEMENT HAD BEEN ABROGATED SINCE GENERAL DEVELOPMENT CORPORATION HAD NOT LIVED UP TO CERTAIN PARTS OF THE AGREEMENT CONCERNING ROAD MAINTENANCE, DRAINAGE, AND GRASS MOWING. HE ALSO iNCLUDED THE MATTER OF REFERENCE MARKERS. MR. VOCELLE COULD NOT RECALL ANY ACTION OF THE COUNCIL WHEREBY THE AGREEMENT HAD BEEN ABROGATED, BUT REMARKED HE WOULD HAVE TO DELVE FURTHER INTO THE MATTER BEFORE FORMING AN OPINION. MR. SOL SACH, ATTORNEY FOR GDC, DISCUSSED THE QUESTION OF SURETY BONDS VS CORPORATE BONDS, AND STATED THAT GDC OPPOSES ANY REQUIREMENT THAT IT POST SURETY BONDS IN LIEU OF CORPORATE BONDS. AFTER A LENGTHY DISCUSSION, MR. SACH STATED THERE WERE TWO PROBLEMS TO BE CLARIFIED: THE QUESTION OF 50-50 PLEDGE ON SUBSEQUENT BONDS AND THE SUBSTITUTION OF SURETY BONDS IN LIEU OF PERFORMANCE BONDS. MR. VOCELLE VOICED THE MAYOR'S OPINION THAT IF GDC AGREED TO GIVE TO THE CITY IN LiEU OF THE CITY ACCEPTING CORPORATE BONDS, 50% OF THE PREMIUMS, WHICH THEY HAVE NOT DONE, THE AGREEMENT HAS BEEN BREACHED. MR. VOCELLE STATED HE WOULD LIKE TO HAVE ANOTHER MEETING WITH THE MAYOR, CITY COUNCIL AND CITY ENGINEER AFTER WHICH A MEETING WILL BE SCHEDULED WITH REPRESENTATIVES OF GDC. MR. SAM MOHAMED DISCUSSED COMPLAINTS THAT HAVE BEEN RECEIVED ABOUT UNCLEAN CONDITIONS AT THE COMMUNITY CENTER AND SOCIAL CENTER AS WELL AS THE EXTENT OF DAMAGES DONE TO BOTH BUILDINGS OVER THE PAST FEW YEARS. MR. MOHAMED FELT THE RENTAL FEES ARE NOT HIGH ENOUGH. AFTER SOME DISCUSSION, WHICH INCLUDED THE FEASIBILITY OF CHARGING A DEPOSIT TO OFFSET DAMAGES AND JANITORIAL SERVICES, VICE MAYOR GRAY AGREED TO MEET WITH MR. MOHAMED AND THE MATTER WiLL BE BROUGHT UP AGAIN AT THE NEXT COUNCIL MEETING. REGARDING THE SURVEY FOR THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, COUNCILMAN GASS REPORTED ALL NECESSARY PAPERS HAVE BEEN PREPARED AND WILL SUBMITTED BY HIM IN JACKSONVILLE ON JANUARY 10. WEATHER PERMITTING, COUNCILMAN GASS REPORTED WORK IS PROGRESSING ON FILLING POTHOLES. NEW INGREDIENT MIXTURES WILL BE TRIED AND, HOPEFULLY, IT WILL DO A BETTER JOB AND SAVE MONEY. COUNCILMAN JOACHIM REPORTED A CHANGE OF NAME FOR THE CEMETERY IMPROVEMENT COMMITTEE TO CEMETERY BEAUTIFICATION COMMITTEE. THE COMMITTEE MADE MORE THAN $79 ON THE SALE OF HOT DOGS ON NEW YEAR'S EVE AT THE FIRE WORKS' DISPLAY ON INDIAN RIVER DRIVE. MAYOR FLOOD ASKED MRS. META BOLINGER AND MRS. DOROTHY MCKINLEY TO STAND UP, STATING THAT MRS. BOLINGER WAS THE ONLY OTHER COUNCILWOMAN THE CITY HAS HAD, AND MRS. McKINLEY WAS THE NEWEST MEMBER. HE ASKED THE PRESS JOURNAL REPORTER, SANDY KING, TO TAKE A PICTURE OF THEM TOGETHER. HE ANNOUNCED THAT MRS. BOLINGER WOULD LIKE TO BE THE HISTORIAN FOR THE CITY COMMENTING THAT SHE AND HER FAMILY HAVE DONE A LOT FOR THE CITY, AS HAD THE VICKERS FAMILY. HE THANKED MR. DON VICKERS FOR THE GIFT TO THE CITY OF THE OLD TRAIN STATION. MR. GIL SWIGER, CHAIRMAN OF THE AIRPORT COMMITTEE, REPORTED THAT AT A MEETING OF HIS COMMITTEE RULES AND REGULATIONS ON OPERATING PROCEDURES ON AIR TRAFFIC CONTROL WERE FORMULATED AND COPIES SENT TO PEOPLE IN THE AREA INVOLVED IN AIRCRAFT PILOT TRAINING. THIS POLICY WAS PROPOSED IN AN EFFORT TO ALLEVIATE SOME OF THE NOISE AROUND THE AIRPORT. MR. SWIGER MET WITH COUNCILMAN JOACHIM AND POLICE CHIEF CUMMINS' REFERENCE PROCUREMENT OF PROPERTY AT THE AIRPORT TO CONSTRUCT A RI$~OLi.~.RANGE. MR. SWIGER HAS ARRANGED A MEETING TO DISCUSS THE LEASE MR. VAN ANTWERP HAS WITH THE CITY AND TO REVIEW HIS OPERATIONS AT THE AIRPORT. IN RESPONSE TO A QUESTION AS TO HOW MANY MEMBERS ARE ON THE AIRPORT COMMITTEE, MR. SWIGER ADVISED THAT FIVE MEMBERS ARE ALLOCATED, BUT CURRENTLY THERE ARE ONLY THREE: HIMSELF, JOHN MARICH, AND ED PALUCH. MR. SWIGER ALSO ADVISED THAT HE HAS WRITTEN A FEW PEOPLE REFERENCE GETTING INDUSTRY AT THE AIRPORT, BUT HAS NOT RECEIVED ANY REPLIES TO DATE. 537 REGULAR COUNCIL MEETING, JANUARY 8, 1979 (CONT'D 2) MAYOR FLOOD ANNOUNCED SIGNS HAVE BEEN ORDERED FOR THE AIRPORT IN ACCORDANCE WITH THE NEW RULES, THE 2000' MARKERS WILL BE AVAILABLE ON JANUARY 11, AND THE WHITE STRIPES AT THE 2000' MARKERS WILL BE TAKEN CARE OF. THE BUILDING DEPARTMENT ISSUED 14 SINGLE FAMILY HOUSING PERMITS VALUED AT $440 ,000. TOTAL NEW CONSTRUCTION FOR THE MONTH OF DECEMBER AMOUNTED TO $448,990. CHIEF CUMMINS REPORTED 225 COMPLAINTS ANSWERED BY THE POLICE DEPARTMENT DURING DECEMBER, NOT INCLUDING TRAFFIC STOPS. MAYOR FLOOD THANKED EVERYONE WHO SENT CHRISTMAS GREETINGS TO HIM AND WISHED EVERYONE A GOOD YEAR. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILMAN GASS, TO SEND OSCO FIREWORKS, INC. A RESOLUTION THANKING THEM FOR THE FIREWORKS' DISPLAY ON NEW YEAR'S EVE. CARRIED. ~ ~ ~;~-~) MAYOR FLOOD ITEMIZED THE FOLLOWING ITEMS WHICH WILL HAVE TO BE DEALT WITH THIS YEAR: (1) WATER AND SEWER FRANCHISES IN THE CITY, (2) THE ROAD PROBLEM AND THE BONDING WHICH WAS VOTED FOR BY THE CITIZENRY, (3) AN ADDITION TO THE CITY HALL BUILDING, (4) A DECISION TO JOIN OR NOT TO JOIN THE FIRE TAXING DISTRICT, AND (5) A DECISION TO BE MADE WHETHER OR NOT TO JOIN THE 201 PROGRAM IN CONNE drION WITH THE WATER AND SEWER PROBLEM. IN REPLY TO A QUESTION FROM COUNCILMAN JOACHIM, MAYOR FLOOD SAID A REPORT WILL BE MADE NEXT MONTH REGARDING THE APPRAISAL FOR THE FIRE DEPARTMENT BUILDING. MRS. PHELAN REQUESTED INTERESTED PERSONS TO SUBMIT A LETTER OFFERING TO WORK AT THE NEXT ELECTION. A LETTER WAS RECEIVED FROM MR. ROBERT THOMAS VOLUNTEERING TO SERVE AS A MEMBER OF THE AIRPORT COMMITTE. A LETTER WAS ALSO RECEIVED FROM MR. NED CAMPBELL ACCEPTING WITH THANKS THE INVITATION OF MAYOR FLOOD TO SERVE AS A MEMBER OF THE AIRPORT COMMITTEE. THE FLORIDA LEAGUE OF CITIES HAS EXTENDED AN INVITATION TO THE CITY OFFICIALS AND CITY ATTORNEY TO ATTEND THE 18TH ANNUAL CONFERENCE IN TALLAHASSEE ON FEBRUARY 15 AND 16. THE CITY CLERK READ A LETTER FROM THE DEPARTMENT OF ENVIRONMENTAL REGULATIONS WITH REFERENCE TO SEWERAGE TECHNOLOGY AND PLANNING, VERO WASTE MANAGEMENT AND GRANT, AND A PLANNED MEETING IN TALLAHASSEE ON JANUARY 15 TO DISCUSS THE WASTE LOAD ALLOCATIONS TO THE INDIIAN RIVER. MAYOR FLOOD EXPLAINED THIS IS ON THE 201 PROGRAM. IT'S..~1.75'~'5- GRANT. AND A.i!.:D~C~SION£.-WILL HAVE ~0 BE.MADE WHETHER THE CITY WANTS TO GO.i'ALONG WITH IT. IT .'WILL COST $1,00.0,000~BUT_._THE C-ITYEWILL get it for $'250,000. THE TIME IS COMING WHEN THE CITY WILL HAVE TO GO TO WATER AND SEWER OR STOP CONSTRUCTION. A THANK YOU NOTE WAS READ FROM MR. CHARLES W. SEMBLER FOR THE FLORAL ARRANGEMENT THE CITY SENT TO HIM ON HIS 89TH BIRTHDAY. MR. SEMBLER WAS A CITY COUNCILMAN FOR A NUMBER OF YEARS. THE INDIAN RIVER COUNTY COUNCIL ON AGING HAS REQUESTED THAT COUNCILMAN JOACHIM AGAIN SERVE AS A MEMBER OF THEIR BOARD. MAYOR FLOOD HAS SENT A LETTER CONFIRMING COUNCILMAN JOACHIM AS A MEMBER OF THE BOARD OF DIRECTORS, INDIAN RIVER COUNTY COUNCIL ON AGING. NO ACTION WAS TAKEN ON LETTER OF INVITATION TO MEMBERS OF THE CITY COUNCIL TO SET UP A DISPLAY AND ATTEND A LUNCHEON OF THE TREASURE COAST CHIROPRACTIC COMPLEX. A LETTER OF THANKS WAS RECEIVED FROM THE SEBASTIAN SINGERS FOR THE COUNCIL'S KINDNESS IN ALLOWING THEM TO USE THE COMMUNITY CENTER FREE OF CHARGE DURING THE YEAR. MERIT CONSTRUCTION CORPORATION REQUESTED PERMISSION TO PLACE A TEMPORARY OFFICE TRAILER ON THE CONSTRUCTION SITE OF OYSTER BAY CONDOMINIUMS. MOTION BY COUNCILMAN JOACHIM, SECONDED BY VICE MAYOR GRAY, TO ALLOW MERIT CONSTRUCTION CORPORATION TO PLACE A TEMPORARY OFFICE TRAILER ON THE CONSTRUCTION SITE OF OYSTER BAY CONDOMINIUMS. CARRIED. THE CiTY CLERK READ, DISCONTINUING ALL OF PLAT BOOK 3, PAGE 9, BY TITLE ONLY, FOR FINAL PASSAGE, AN ORDINANCE VACATING, ABANDONING AND THE 30' ROAD AS SHOWN ON THE PLAT OF VICKERS SUBDIVISION AS RECORDED IN ST. LUCIE COUNTY, NOW INDIAN RIVER COUNTY, FLORIDA. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN GASS, TO ACCEPT THE ORDINANCE VACATING, ABANDONING AND DISCONTINUING ALL OF THE 30-FOOT ROAD AS SHOWN ON THE PLAT OF VICKERS S/D AS RECORDED IN PLAT BOOK 3, PAGE 9, ST. LUCIE COUNTY, NOW INDIAN RIVER COUNTY, FLORIDA. (0-79-1) ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GRAY, COUNCILMAN GASS, COUNCILMAN JOACHIM, COUNCILWOMAN MCKINLEY AND MAYOR FLOOD. NONE. CARRIED. REGULAR COUNCIL MEETING, JANUARY 8, 1979 (CONT'D #3) 538 THE CITY CLERK READ IN ITS ENTIRETY AN ORDINANCE AMENDING ORDINANCE NO. 0-78-4 KNOWN AS THE BUILDING CONSTRUCTION ORDINANCE AND PROVIDING AN EFFECTIVE DATE. MR. VOCELLE EXPLAINED THAT THIS IS BEING DONE SO THE ORDINANCE WILL COMPLY WITH THE STATE LAW THAT REQUIRES SUB CONTRACTORS TO PUT UP INSURANCE IN THE AMOUNT OF $50,000 - $100,000. MOTION BY COUNCILMAN JOACHIM, SECONDED BY VICE MAYOR GRAY, TO ACCEPT THE FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 0-78-4 KNOWN AS THE BUILDING CONSTRUCTION ORDiNANCE AND PROVIDING AN EFFECTIVE DATE AND TO ADVERTISE THE PUBLIC HEARING TO BE HELD AT THE NEXT WORKSHOP MEETING ON FEBRUARY 7. ROLL CALL VOTE: AYES: VICE MAYOR GRAY, COUNCILMAN GASS, COUNCILMAN JOACHIM, COUNCILWOMAN MCKINLEY AND MAYOR FLOOD. NAYS: NONE. CARRIED. COUNCILMAN JOACHIM REPORTED THAT MR. ROBERT TEALL OF ORLANDO HAS STARTED A STUDY OF THE BIDS RECEIVED ON THE PENSION PLAN FOR CITY EMPLOYEES. MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN McKINLEY, THAT LEWIS GRAY BE APPOINTED VICE MAYOR FOR THE TERM OF ONE YEAR. CARRIED. CONCERNING THE STANDING COMMITTEES FOR 1979, CLAUDIA SCHWENK HAS REQUESTED SHE BE APPOINTED A MEMBER OF THE VARIANCE BOARD. ANYONE INTERESTED IN GETTING INVOLVED IN ANY OF THE STANDING COMMITTEES FOR 1979 WERE ASKED TO CONTACT MAYOR FLOOD BY LETTER EXPRESSING THEIR DESIRE TO SERVE ON A COMMITTEE. MOTION BY COUNCILMAN JOACHIM, SECONDED BY VICE MAYOR GRAY; TO ADOPT THE RESOLUTION ACCEPTING THE STANDING COMMITTEES FOR 1979. (R-79-3) . CARRIED. MR. HOOSE INQUIRED ABOUT THE FIRE TAXING DISTRICT AND MAYOR FLOOD EXPLAINED IT WAS A COUNTY PROJECT. THE COUNCIL HAD AGREED TO PERMIT MR. HOOSE TO CONTINUE AS A MEMBER OF THE BOARD WHICH IS CHAIRED BY MAYOR FLOOD. VICE MAYOR GRAY POINTED OUT THAT SINCE THE AGENDA LISTED THREE SEPARATE ITEMS, "APPOINTMENTS OF HEADS OF COMMITTEES, .... APPOINTMENT OF VARIANCE BOARD," APPOINTMENT TO AIRPORT COMMITTEE," THERE SHOULD BE SEPARATE MOTIONS FOR EACH. MR. VOCELLE COMMENTED THAT ALTHOUGH THE RESOLUTION ACTUALLY NAMES THE COMMITTEES THAT WERE APPOINTED AND THE VARIOUS INDIVIDUALS,IT WAS MOVED, SECONDED, AND APPROVED BY THE COUNCIL THAT THE PROBLEM COULD BE SOLVED BY MAKING OTHER MOTIONS. MOTION BY COUNCILMAN JOACHIM, SECONDED BY VICE MAYOR GRAY, TO APPOINT CLAUDIA SCHWENK AS A MEMBER OF THE VARIANCE BOARD. CARRIED. MOTION BY COUNCILMAN JOACHIM, SECONDED BY VICE MAYOR GRAY, TO ACCEPT MR. ROBERT THOMAS AND MR. NED F. CAMPBELL AS MEMBERS OF THE AIRPORT COMMITTEE. CARRIED. COUNCILMAN JOACHIM ASKED IF A LETTER OF THANKS HAD BEEN SENT TO THE FIRE DEPARTMENT FOR THE INVITATIONS EXTENDED TO THE COUNCIL TO ATTEND THE iNSTALLATION OF OFFICERS BANQUET AND MAYOR FLOOD ADVISED THIS TYPE OF THING WAS AUOTMATICALLY HANDLED BY THE CITY CLERK'S OFFICE. IN RESPONSE TO A QUESTION BY COUNCILMAN GASS WITH REGARD TO THE LAWN LIGHT ORDINANCE, MR. VOCELLE ADVISED HE WAS STILL AWAITING A REPLY FROM THE DISTRICT COURT OF APPEALS TO SEND HIM A COPY OF THE ORDINANCE DECLARING THE PORT ST. LUCIE ORDINANCE UNCONSTITUTIONAL. THE BUILDING OFFICIAL REQUESTED A COUNCIL MEMBER BE APPOINTED OVER THE BUILDING DEPARTMENT AND COUNCILWOMAN McKiNLEY VOLUNTEERED. MOTION BY COUNCILMAN JOACHIM, SECONDED BY VICE MAYOR GRAY, TO APPOINT DOROTHY McKINLEY TO WORK WITH THE BUILDING DEPARTMENT. CARRIED. MR. MAYER ANNOUNCED THE NEW OFFICERS OF THE CHAMBER OF COMMERCE ARE IN THE PROCESS OF NEGOTIATING TO HAVE NEW CITY MAPS PRINTED AND THESE WILL BE DISTRIBUTED TO THE PUBLIC WHEN AVAILABLE. MR. CRAGG INQUIRED AS TO WHY THE NEW SUPERVISOR OF THE STREET DEPARTMENT DID NOT MAKE A REPORT AT THE MEETING AS IT WAS HIS UNDERSTANDING HE WOULD DO SO AT EVERY COUNCIL MEETING. MR. WEHR WAS PRESENT AND STATED AT THIS TIME HE iS JUST FEELING HIS WAY, BUT A REPORT WOULD BE MADE AT THE NEXT MEETING. VICE MAYOR GRAY EXPRESSED THE OPINION THAT A SPEAKER SYSTEM SHOULD BE PUT IN THE COUNCIL ROOM AND MAYOR FLOOD PROMISED TO HAVE THIS DONE BY THE NEXT MEETING. MEMBERS OF THE PUBLIC BROUGHT UP THE QUESTION OF INDIAN RIVER CABLEVISION AND WHAT COULD BE DONE ABOUT GETTING SERVICE. MAYOR FLOOD STATED HE WOULD TRY TO ARRANGE TO HAVE A SPECIAL MEETING WITH MR. HAIMOWITZ TO GET SOME ANSWERS. MAYOR FLOOD ANNOUNCED A SIGN WILL BE POSTED OUTSIDE ADVERTISING THE WORKSHOP AND COUNCIL MEETINGS. REGULAR COUNCIL MEE~TING, JANUARY 8, 1979 (CONT'D #4) MR. SZELUGA BROUGHT UP THE POINT THAT THE CITY CHARTER REQUIRES THE MEMBERSHIP POWERS AND DUTIES BE PROVIDED BY RESOLUTION. YOU HAVE ONLY THE MEMBERSHIP AND THERE SHOULD BE ONE FOR THE POWERS AND DUTIES. AFTER A SHORT DISCUSSION, A MEETING WAS SET UP FOR JANUARY 17 AT 7:00 P.M. TO GO OVER POLICIES AND PROCEDURES. MEETING WAS ADJOURNED. 539 City Cerk Mayor SPECIAL MEETING, FEBRUARY 1, 1979 THE MEETING WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR. AT 3 P.M. TO CONSIDER THE PROPOSED RESOLUTION APPLYING FOR A COMMUNITY DEVELOPMENT GRANT FROM THE TREASURE COAST REGIONAL PLANNING COUNCIL. PRESENT: VICE MAYOR LEWIS E. GRAY, COUNCILMEN EVERETT T. GASS AND JOHN R. JOACHIM, COUNCILWOMAN DOROTHY MC KINLEY, MAYOR PAT FLOOD, JR., ~R. L. B. VOCELLE (CITY ATTORNEY) AND MR. ROBERT LLOYD (CITY ENGINEER). THE CITY CLERK READ THE PROPOSED RESOLUTION IN ITS ENTIRETY. MOTION BY COUNCILMAN JOACHIM, SECONDED BY VICE MAYOR GRAY, TO APPROVE THE PROPOSED RESOLUTION AS READ BY THE CITY CLERK. CARRIED. (NO. R-79-1) THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. City Clerk Mayor