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HomeMy WebLinkAbout02091976REGULAR MEETING - FEBRUARY 9, 1976 MAYOR F. EUGENE CRAGG CALLED THE MEETING TO ORDER AT 7 P.M. PRESENT: VICE MAYOR JAMES C. KINARD, COUNCILMEN LEWIS GRAY, CLIFFORD HOOSE AND JOHN R. JOACHIM, MAYOR CRAGG AND CITY ATTORNEY, MR. L. B. VOCELLE. MINUTES OF THE REGULAR MEETING OF JANUARY 12, 1976 WERE APPROVED. MOTION BY COUNCILMAN GRAY, SECONDED BY COUNCILMAN KINARD, TO APPROVE PAYMENT OF JANUARY BILLS FOR $7,533.75. THE PARKS & RECREATION COMMITTEE MET LAST WEEK TO DISCUSS PROJECTS FOR THE COMING YEAR. VICE MAYOR KINARD ANNOUNCED THE HEADER TO SUPPORT THE PARTITION IN THE COMMUNITY CENTER HAD BEEN INSTALLED AND THE ORDER PLACED WITH MODERNFOLD FOR THE PARTITION, WHICH IS DUE TO ARRIVE MID-MARCH. ALL REQUESTS FOR INSTALLATION OF NEW STREET LIGHTS FROM MEMBERS OF THE PUBLIC HAVE BEEN GIVEN TO FLORIDA POWER & LIGHT, COUNCILMAN JOACHIM REPORTED, AND LIGHTS SHOULD BE INSTALLED SOMETIME THIS MONTH. ARRANGE- MENTS HAVE BEEN MADE TO REPLACE EXISTING INCANDESCENT LIGHTS THROUGHOUT THE CITY WITH MERCURY VAPOR LIGHTS. THIS WILL BE A CONTINUING PROJECT UNTIL COMPLETED. MEMBERS OF THE STREET DEPARTMENT COMMITTEE MET WITH STREET DEPARTMENT EMPLOYEES LAST WEEK TO DISCUSS FUTURE PROJECTS. COUNCILMAN GRAY REQUESTED COUNCIL APPROVAL TO ADVERTISE FOR BIDS FOR A SMALL TRACTOR-MOWER TO DO THE MEDIAN STRIPS AND PARKS. FUNDS FOR THE MOWER ARE INCLUDED IN THE 75-76 BUDGET. WHILE NO PLANS WERE MADE IN THE CURRENT BUDGET FOR A CHAIN LINK FENCE FOR THE CITY GARAGE, COUNCILMAN GRAY EXPLAINED HE FELT THERE WERE SUFFICIENT FUNDS IN THE BUDGET TO TAKE CARE OF IT BECAUSE ANOTHER PROJECT COST LESS THAN HE HAD ANTICIPATED. THE FENCE WOULD AFFORD BETTER PROTECTION FOR CITY EQUIPMENT AND THE PROJECT WILL BE PUT OUT FOR THE POLICE DEPARTMENT WILL CONTINUE T9 ki~URCHASE ~_DJALL NEW GASOLINE CONTRACT IS CONSIDERED. AT THE CEMETERY COMMITTEE MEETING, ~H~C~MI~I~-TEE DECID~ A DESIRE TO HAVE A MAN WORK AT THE C~i~rTER~HRE"?DAYS EAENGINEER' DED GASOLINE FOR THE NEW POLICE CAR UNTIL A ~ TO PLANT SOME TREES IN THE CEMETERY AND EXPRESSED ~WEEK INSTEAD OF TWO. THERE WERE 156 COMPLAINTS ANSWERED BY THE~O~E ~='~TMENT DURING JANUARY, NOT INCLUDING TRAFFIC STOPS. THE BUILDING INSPECTOR REPORTED $151,000 fNi%EWOO~RUCTION DURING JANUARY. MAYOR CRAGG PRESENTED MR. PAT FLOOD, JR. ~IT~; ~ ~L;[QUE AND COMMENDED HIM FOR SERVICES RENDERED TO THE CITY AS A MEMBER OF THE CITY COUNCIL OVER THE ~,~HR~AND A HALF YEARS. nE FURTHER COMME r S rS P a CT Pq WO LO0O OU Z C SEEMS THAT EVERYTH~ H~S ~THE~IT~S C~CKED ~ RE-~HE~EDT~ND HE CANNOT WORK EFFECTIVELY FOR THE CITY UNDER THESE CONDITIONS. HE ALSO ASKED TO BE REP~CED AS A WITNESS BEFOR~THE ARBITRATION BOARD ON THE AIR CONDITIONING FOR THE CO,UNITY CENTER. HE WILL CONTINUE TO SERVE ON THE NORTH COUNTY RECREATION COMMITTEE BUT REITE~TED HE WILL NOT ~ ANY MORE WORK FOR THE CITY. IN EXP~NATION OF HIS ACTIONS, HE COMP~INED THAT ONLY $1,000 OF THE $2,000 SET ASIDE FOR THE RECREATION DEP~TMENT WAS ACTUALLY TURNED O~R FOR THE RECREATION COORDINATOR'S SA~Y (AND IT WAS HIS UNDERSTANDING THE ENTIRE SUME OF $2,000 WAS TO BE T~SFERRED FOR THIS PURPOSE); THAT THE REQUEST FOR A KEY TO THE COMMUNITY CENTER TO BE USED BY THE NORTH COUNTY RECREATION COORDINATOR WAS DENIED; AND THAT EVERYTHING HE ~ES FOR THE CITY iS CHECKED AND RECHECKED. FOR THESE REASONS, HE HAS LOST FAITH IN HIS ABILITY TO PERFORM EFFECTI~LY FOR THE CITY. IF HE IS NOT TRUSTED IN ONE PHASE, HE FELT HE COULD NOT BE TRUSTED IN ANY. THEREFORE, HE ASKED TO BE RELIE~D OF ALL DUTIES FOR THE CITY OF SEBASTI~. MAYOR CRAGG EXPLAINED THE ORIGINAL $1,000 EARMARKED BY THE COUNCIL FOR THE RECREATION COORDINATOR'S SALARY AT THE SPECIAL MEETING ON NOVEMBER 18, 1975 WAS RELEASED ON JANUARY 20, 1976. IT WAS THE MAYOR'S UNDERSTANDING THAT THE $2,000 WAS TRANSFERRED TO THE RECREATION DEPARTMENT, $1,000 TO APPLY AGAINST THE COORDINATOR'S SALARY, BUT THAT THE SECOND $1,000 WAS TO BE HELD IN ABEYANCE PENDING APPROVAL OF THE STATE GRANT. TO HIS KNOWLEDGE, NO OFFICIAL REQUEST HAS BEEN RECEIVED FROM MR. FLOOD REQUESTING THE RELEASE OF THE ADDITIONAL $1,000. IF MR. FLOOD REQUESTED RELEASE OF THE SECOND $1,000 gE WAS CERTAIN THE COUNCIL WOULD CONSIDER IT. MOTION BY COUNCILMAN GRAY, SECONDED BY COUNCILMAN JOACHIM, TO GIVE THE NORTH COUNTY RECREATION COORDINATOR A KEY TO THE COMMUNITY CENTER. CARRIED. MOTION BY VICE MAYOR KINARD, SECONDED BY COUNCILMAN GRAY, TO RELEASE THE SECOND $1,000 TO THE NORTH COUNTY RECREATION COMMITTEE. CARRIED. A LETTER HAS BEEN RECEIVED FROM THE SOUTH BREVARD COUNTY COMPOSITE SQUADRON OF THE CIVIL AIR PATROL REQUESTING PERMISSION TO USE THE WOODED AREAS AND AN INACTIVE TAXI-WAY OF THE SEBASTIAN AIRPORT TO CONDUCT TRAINING EXERCISES FROM 4 P.M,, FEBRUARY 20, TO 4 P.M. FEBRUARY 22, AND USE OF THE RIFLE RANGE ON FEBRUARY 21 FOR TWO HOURS. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN HOOSE, TO PERMIT THE CAP TO USE THE SEBASTIAN AIRPORT ON FEBRUARY 20-22 AS REQUESTED AND THE RIFLE RANGE ON FEBRUARY 21, 1976 WITH THE RESERVATION THAT THE RIFLE RANGE IS NOT BEING USED BY THE GUN CLUB AT THE SPECIFIED HOURS. CARRIED. REGULAR MEETING - FEBRUARY 9, 1976 (CONT' D) MR. & MRS. HALL HAVE ASKED THAT THEIR REQUEST TO ABANDON EASEMENT BETWEEN LOTS 6 & 7, BLOCK 6, SEBASTIAN HIGHLANDS, BE WITHDRAWN. MOTION BY COUNCILMAN HOOSE, SECONDED BY COUNCILMAN GRAY, TO COMPLY WITH MR. & MRS. HALL'S REQUEST TO WITHDRAW THEIR ORIGINAL REQUEST TO ABANDON EASEMENT BETWEEN THEIR TWO LOTS. CARRIED. MR. VAL BRENNAN, COUNTY PLANNING DIRECTOR, FORWARDED A LETTER TO THE CITY TO THE EFFECT THAT REQUESTS FOR REZONING WHICH ARE CLOSE TO THE CITY'S MUNICIPAL BOUNDARY, WILL BE REFERRED TO THE CITY ZONING BOARD FOR OPINION. THE CASE IN QUESTION WAS A REQUEST TO PLACE A MOBILE HOME ON A FISH FAR~S.E. OF SEBASTIAN HIGHLANDS, ON THE SOUTH SIDE OF THE SEBASTIAN RIVER DRAINAGE DISTRICT. THE CITY CLERK HAS FORWARDED THE CORRESPONDENCE TO THE CHAIRMAN OF THE ZONING & PLANNING COMMISSION FOR AN OPINION. MAYOR CRAGG COMMENTED THIS SUBJECT WAS DISCUSSED WHEN HE WAS WORKING WITH MR. BRENNAN'S OFFICE ON THE MASTER PLAN. THE SUGGESTION WAS MADE THAT IT WAS A GOOD IDEA TO HAVE THE COUNTY ADVISE THE CITY WHEN PROPERTY ABUTTING THE CITY LINE WAS BEING REZONED AND VICE VERSA. THIS IS THE FIRST CASE OF ITS NATURE. A LETTER FROM DOT REFERRED TO OUR LETTER OF JANUARY 14, 1976 CONCERNING THE CITY'S POSITION ON INSTALLATION OF FLASHING LIGHTS AT THE SECOND STREET RAILROAD CROSSING. THE FEDERAL HIGHWAY ADMINISTRATION REQUIRES THAT ALL NEGOTIATIONS BE COMPLETE AND THE CITY'S 10% PARTICIPATION BE SUBMITTED AT THE TIME THE AGREEMENTS ARE EXECUTED ON BEHALF OF THE CITY. SINCE CONSIDERABLE TIME WOULD BE LOST IN DELAYING THESE NEGOTIATIONS UNTIL OCTOBER WHEN SEBASTIAN WOULD BE IN A FINANCIAL POSITION TO ASSUME ITS SHARE OF THE COST, DOT ADVISED THEY ARE IN A POSITION TO LOAN THE CITY ITS SHARE OF THE COST ESTIMATED AT $2,9000, PROVIDING THE CITY PASSED A RESOLUTION TO REIMBURSE THE DEPARTMENT FROM ITS 1976-77 BUDGET. IF THIS METHOD iS SATISFACTORY, SEBASTIAN IS TO FURNISH DOT A CERTIFIED COPY OF THE RESOLUTION. MOTION BY COUNCILMAN HOOSE, SECONDED BY COUNCILMAN GRAY, TO ACCEPT RESOLUTION NO. R-76-3 AS WELL AS THE RESOLUTION FROM THE DE/k~TME~ ~2~S~R~A~ION, STATE OF FLORIDA, PROVIDING FOR THE MR. W.H. OWENS' REQUEST TO PLACE A O. LOTIW{ICH DOES NOT MEET THE CITY'S CODES. AT THE SUGGESTION OF THE CITY ATTORNEY, TH~'NA/TER WILL BE TUrNeD OVER TO THE VARIANCE BOARD ON A HARDSHIP BASIS AS THE OWNER OF THE PROPERTY HAS A 50~'-"~OT~ICH'i~ NON--~TSABLE. MOTION BY COUNCILMAN GRAY, SECONDED BY COU~C~L~AN~E, TO TURN MR. OWENS' REQUEST OVER TO THE BOARD OF ADJUSTMENT. CARRIED. ''~.~ THE SEBASTIAN RIVER LODGE, ISOYAL ORDER OF MOO~E, .~A~REQUESTED PERMISSION TO SPONSOR AN AIR SHOW AT THE SEBASTIAN MUNICIPAL AIRPORT ON MARCH 14, ~ J M~TI~N BY C~UN~ILMAN J~ACHIM~ SE~NDED BY ~UN~ILMAN H~SE~ T~ AUTH~RIZE THE L~AL ~RDER ~F M~SE T~ SP~NS~R THE THE AIRSHOW AT $~EBASTIAN MUNIEIPAL AIRPORT W_LTH T~LQW~NG S_TiLPU~O~: THE CITY OF SEBASTIAN WILL A~OUNT NOT LESS----~l ~I~IO~_ --~il_~j~E~ ~ {~ITH T~E C;T~ C}EB~PR]OR~C THE EVENT' A ''HOLD HA~LESS'' STATE REPRESENTATIVe, MR.---CEESgER--CLEI~I~ VI~"~TED'7~TY HATL~ REC-~NT~-~ AN~-DI~CU-~ED WITH MAYOR CRAGG PROJECTS WHICH HAD BEEN MANDATED BY THE STATE BUT ARE NOT FUNDED. AT MR. CLEM'S REQUEST, MAYOR CRAGG OBTAINED A LIST OF 15 SUCH PROJECTS WHICH HE WILL TURN OVER TO THE LEGISLATIVE COMMITTEE. MR. VOCELLE, CITY ATTORNEY, WAS ASKED TO GIVE A BRIEF. RESUME OF DISCUSSION HELD AT THE LAST WORKSHOP MEETING BETWEEN GDC REPRESENTATIVES, CITY COUNCIL AND CITY ATTORNEY, CONCERNING ROAD ACCEPTANCE BY THE CITY. MR. WAYNE ALLEN, GENERAL COUNSEL FOR GDC, HAS BEEN ASKED TO SUBMIT GDC'S PROPOSAL IN WRITING, MAKING IT AVAILABLE TO THE COUNCIL FOR REVIEW PRIOR TO THE NEXT WORKSHOP MEETING. MR. VOCELLE EXPLAINED THAT GDC PROPOSES THE ROAD ACCEPTANCE PROGRAM IN FOUR STAGES. ALL STAGES WILL HAVE TO BE APPROVED BY THE CITY ENGINEEI AND A TOTAL OF FOUR YEARS ON EACH STAGE WOULD ELAPSE BEFOR~THE CITY ASSUMES THE MAINTENANCE. (1) THE FIRST STAGE WILL INCLUDE UNITS 2,3,4,5,6, & 8. (2) THE SECOND STAGE WOULD BE ACCOMPLISHED DURING THE SECOND YEAR AND WOULD INCLUDE UNITS 9,10,11 & 13. (3) THE THIRD STAGE WILL INCLUDE UNITS 14 & 15. (4) THE FOURTH STAGE WOULD INCLUDE UNITS 16 & 17 AND IN THIS INSTANCE ORDINANCE NO. 179 WOULD APPLY WHEREIN 10% OF THE LOTS WOULD HAVE TO HAVE HOUSES ON THEM BEFORE THE MAINTENANCE WOULD BE ACCEPTED BY THE CITY. MAYOR CRAGG INDICATED $20,000 HAS BEEN SET ASIDE IN A SPECIAL FUND FOR THE MAIN~TENANCE OF THESE STREETS AND THAT THE CITY PLANS TO ADD TO THAT AMOUNT PERIODICALLY TO PREPARE FOR THE CITY'S ASSUMPTION OF MAINTENANCE OF THESE STREETS. BEFORE THE CITY SIGNS THE AGREEMENT TO ACCEPT THESE STREETS, HOWEVER, THERE ARE THREE STIPULATIONS WHICH MUST BE MET BY GDC: (1) COMPLETION OF DRAINAGE IN PART OF UNIT 2, (2) CLEANING OUT OF COLLIER CREEK, AND (3) CORRECTING SLOANE STREET WHICH WAS PUT IN INCORRECTLY BY GDC WHEN iT WAS DEVELOPED. WHEN QUESTIONED BY COUNCILMAN GRAY AS TO THE COST OF INSPECTING THE STREETS UNDER CONSIDERATION FOR ACCEPTANCE BY THE CITY, MR. LLOYD, CITY ENGINEER, REPLIED THAT THE CORE BORINGS WOULD COST ABOUT $4,000 TO $5,000. HE DISCUSSED ASPHALT THICKNESS, BASE THICKNESS, BASE APPEARANCE, ASPHALT ANALYSIS AND SUB-GRADE DETERMINATION TO DETERMINE WHETHER ADEQUATE THICKNESS AND BEARING VALUE HAVE BEEN SECURED. MAYOR CRAGG STATED THIS MATTER WOULD HAVE TO BE DISCUSSED FURTHER BEFORE PROCEEDING WITH THESE TESTS. MOTION BY VICE MAYOR KINARD, SECONDED BY COUNCILMAN JOACHIM, TO APPROVE RESOLUTION NO. R-76-2 TO RELEASE CORPORATE BOND, DATED JANUARY 27, IN THE AMOUNT $1, 64,594.00. CARRIED. (COUNOI AN GRAY VOTED "No" ) MOTION BY COUNCI AN GRAY AND SECONDED BY COUNCILMAN OACHIM TO PUT OUT FOR BID SPECIFICATIONS A TENNIS COURT (S) IN THE TWIN LAKES AREA. CARRIED. MR. VOCELLE REQUESTED ACTION BE DEFERRED ON TRANSFERRING THE CEMETERY FUNDS ACCOUNT TO' MISCELLANEOUS ACCOUNT AND INITIATING A PERPETUAL FUND UNTIL HE HAS HAD TIME TO REVIEW THE AGREEMENTS AND THE STATE STATUTE ON PERPETUAL FUNDS FOR CEMETERIES. MAYOR CRAGG READ THE TRI-PARTITE AGREEMENT WHICH HAD BEEN DISCUSSED AT THE WORKSHOP MEETING. MOTION BY VICE MAYOR KINARD, SECONDED BY COUNCILMAN GRAY, --2-- THAT THE TRI-PARTITE RECREATION AGREEMENT BE 34¥ REGULAR MEETING - FEBRUARY 9, 1976 (CONT'D) APPROVED BY THE CITY AND SIGNED BY THE MAYOR, CITY CLERK, AND CITY ATTORNEY. CARRIED. THE ZONING & PLANNING COMMISSION HAS RECOMMENDED APPROVAL OF THE REQUEST FOR REZONING LOTS 4,5,6, ~7, BLOCK 1, EDGEWATER PARK S/D LOCATED ON CLEVELAND STREET (WHITEHEAD PROPERTY) FROM R-2 (MULTIPLE FAMILY) TO C-2 (COMMERCIAL). THE CITY ACCEPTED THE COMMITTEE RECOMMENDATION AND IT IS NOW NECESSARY TO AMEND ORDINANCE NO. 202 AND HOLD A PUBLIC HEARING. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN HOOSE, TO HOLD A PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE ENTITLED, "AN ORDINANCE AMENDING ORDINANCE NO. 202 AS AMENDED" REGARDING REZONING OF LOTS 4,5,6, & 7, BLOCK 1, DESCRIBED ABOVE. (COUNCILMAN GRAY ABSTAINED FROM VOTING AND HAS FILE~.-~E CONFLICT OF INTEREST FORM). CARRIED. THE CITY CLERK READ THE PROPOSED ORDINANCE. A PUBLIC HEARING WILL BE HELD PRIOR TO THE WORKSHOP MEETING ON MARCH 3, 1976 AND THE FINAL READING WILL BE MADE AT THE COUNCIL MEETING ON MARCH 8, 1976. A LETTER OF COMPLAINT HAS BEEN RECEIVED ON THE OVERGROWTH ON DUNKELBERGER'S PROPERTY. NECESSARY ACTION WILL BE TAKEN BY THE CITY CLERK TO INFORM THE DUNKELBERGERS OF THE VIOLATION TO THE CITY ORDINANCE. THE FLORIDA LEAGUE OF CITIES WILL CONDUCT AN ANNUAL CONFERENCE FOR CITY OFFICIALS AT TAMPA ON MARCH 1-2. MEMBERS OF THE COUNCIL PLANNING TO ATTEND WERE ASKED TO NOTIFY THE CITY CLERK SO REGISTRATIONS AND HOTEL RESERVATIONS CAN BE MADE. MR. PAT FLOOD, JR. AND MR. DAVID O. MORRISON VOICED THEIR DISAPPROVAL OF THE CITY'S TAKING OVER THE MAINTENANCE OF THE STREETS IN SEBASTIAN HIGHLANDS. TO QUOTE MR. MORRISON IN PART "...IF YOU LET GDC DAZZLE YOU WITH FOOTWORK AND WITH PTL REPORTS ABOUT THE MATERIALS AND WHAT THEY USE ON THE STREETS OUT THERE, DON'T GRAB THAT LIKE A TROUT AT A WORM, FOR IF YOU DO, THE CITIZENS OF SEBASTIAN AND THE TAXPAYERS ARE ACTUALLY SUBMITTING TO VOLUNTARY RA~ MOTION TO ADJOURN WAS MADE AT 9:15 CITY CLERK -3-