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HomeMy WebLinkAbout03081976REGULAR MEETING - MARCH 8, 1976 MEETING CALLED TO ORDER BY MAYOR F. EUGENE CRAGG AT 7 P.M. PRESENT: VICE MAYOR JAMES C. KINARD, COUNCILMEN JOHN R. JOACHIM, LEWIS GRAY AND CLIFFORD HOOSE, MAYOR CRAGG AND MR. L. B. VOCELLE, CITY ATTORNEY. MINUTES OF FEBRUARY 9, 1976 REGULAR MEETING WERE APPROVED. MOTION BY COUNCILMAN HOOSE, SECONDED BY COUNCILMAN JOACHIM, TO PAY FEBRUARY BILLS AMOUNTING TO $8,679.47. CARRIED. MR. PAT FLOOD, JR. TALKED BRIEFLY ABOUT THE AGREEMENT SUBMITTED BY GDC ON ACCEPTANCE OF STREETS. MR. VOCELLE, CITY ATTORNEY, ASSURED MR. FLOOD THAT THE AGREEMENT WAS NOT A FINAL ONE, THAT THE CITY IS IN A NEGOTIATION STAGE WITH GDC AND THE PUBLIC WILL HAVE AN OPPORTUNITY TO HEAR THE CITY'S INPUT TO THE AGREEMENT AT A PUBLIC HEARING. MR. VOCELLE WILL MEET WITH MR. LLOYD, CITY ENGINEER, TO REVIEW THE ENGINEERING STANDARDS. MR. MUMM, BUILDING INSPECTOR, REPORTED A TOTAL OF $24,220 IN NEW CONSTRUCTION DURING FEBRUARY. THIS WAS CONSIDERABLY LESS THAN LAST MONTH'S FIGURE, HE COMMENTED, BUT MARCH PROMISES TO BE A GOOD MONTH. CHIEF CUMMINS, POLICE CHIEF, REPORTED 129 COMPLAINTS ANSWERED IN FEBRUARY, NOT INCLUDING TRAFFICSTOPS. FLORIDA POWER & LIGHT COMPANY WILL GIVE COUNCILMAN JOACHIM A START DATE SOMETIME THIS WEEK FOR CHANGING INCANDESCENT LIGHTS IN THE CITY TO MERCURY VAPOR AND ERECTING NEW LIGHTS AS REQUESTED. SHARON DAY, EXPLORER PRESIDENT'S ASSOCIATION CHAIRMAN, GULFSTREAM COUNCIL, BOY SCOUTS OF AMERICA, HAS REQUESTED FINANCIAL ASSISTANCE FROM THE CITY TO HELP DEFRAY HER EXPENSES TO ATTEND THE NATIONAL CONFERENCE OF THE EXPLORERS IN THE NATION'S CAPITAL THIS MONTH. SHE ANTICIPATES HER EXPENSES WILL BE THE COUNCIL ASKED THE MAYOR TO REAP4k~D TO MS. DAY'S\LEtTER, THANKING HER FOR THE LETTER AND REGRETTING THE CITY WILL BE UNABLE TO ASSIST HER. \ ! CITY CLERK READ A LETTER FROM THRONG & PLJ~N~ING ~O~MISSION HIGHLIGHTING THE RESULTS OF THEIR MARCH 2 MEETING: (1) SIGN ORDIN~E -'I'NCLU~THE ~;' MAXIMUM HEIGHT LIMIT (ZONING ORDINANCE N0.202) (2) DRIVEWAY ORDINANCE - CHANGE OF WORDING FROM "CONCRETE" TO "PAVED" WHICH WOULD INCLUDE ASPHALT SURFACES. THE CITY CAN ENFORCE THIS I~T~fBkW~ IS CHANGED TO "SHALL BE PAVED." PAVING TO EXTEND ACROSS ROAD RIGHT-OF-WAY AND FRONT EASEM~T.k"~-*'~'~A~E~D PRESENT DRIVEWAY ORDINANCE SO INSPECTIONS, DESIGN AND CONSTRUCTION WILL BE RESPONSIBILITY OF THF BUILDING INSPECTOR AND CITY ENGINEER, AND (3) SWIMMING POOL ORDINANCE - WIL BE TABLED UNTI NEXT ' ING PLANNING COMMISSION MEETING. MR. S. P. MUSICK, LAND SURVEYOR, SUBMI~W~OPIES OF THE FINAL PLAT or THE GALLENTINE S/D FOR COUNCIL APPROVAL. THE AREA COVERED BY THIS PLAT AND ITEMS OF WORK SHOWN ON THE CONSTRUCTION PLAN HAVE MR. RICHARD KIAT~, ~r~SIS~NT~I~ S~A~OR L~FTON ~IL~ ~I~LL-~E AT CITY HALL ON WEDNESDAY, MARCH 31 FROM 10 A.M. UNTIL 11 A.M. REPRESENTING THE HONO~BLE ~WTON CHILES, UNITED STATES SENATOR. HE WILL BE AVAI~BLE TO ASSIST THE CITIZENS OF INDIAN RIVER COUNTY WITH ANY PROBLEMS THEY MAY HAVE WITH THE FEDE~L GOVERNMENT. IN A LETTER TO MAYOR CRAGG, DANNY CESNER SUBMITTED HIS RESIGNATION FROM THE ZONING & PLANNING COMMISSION AS HE MOVED TO VERO BEACH ON MARCH 1, 1976. THIS CREATES ANOTHER OPENING ON THE ZONING & PLANNING COMMISSION. ARRANGEMENTS ARE BEING MADE TO BORROW A REVIEWING STAND FROM VERO BEACH FOR THE PARADE ON SATURDAY, MARCH 13, 1976, AND COUNCILMAN GRAY HAS BEEN ASKED TO ARRANGE TO HAVE IT TRANSPORTED TO AND FROM VERO BEACH. IT WILL BE PICKED UP ON FRIDAY AND RETURNED ON MONDAY DURING WORKING HOURS. THE CITY COUNCIL APPROVED THE REQUEST FROM THE MISS SEBASTIAN PAGEANT ASSOCIATION TO USE THE STAGE FROM THE COMMUNITY CENTER FOR THE PAGEANT AT BAREFOOT BAY AUDITORIUM AND THE USE OF THE LARGE CITY TRUCK TO TRANSPORT IT, AS WELL AS FOLDING CHAIRS AS MAY BE NEEDED. THE ASSOCIATION WILL PROVIDE THE LABOR TO MOVE THIS EQUIPMENT. MR. CARL DAPPEN, PRESIDENT SEBASTIAN VOLUNTEER FIRE DEPT. & AMBULANCE SQUAD, EXTENDED AN INVITATION TO MEMBERS OF THE COUNCIL TO PARTICIPATE IN THE CENTENNIAL PARADE ON MARCH 13 AT 1 P.M. PARADE ROUTE WILL BE ALONG INDIAN RIVER DRIVE STARTING AT COOLIDGE STREET NORTH TO 9TH STREET WHERE THE PARADE WILL DISASSEMBLE. MAYOR CRAGG WILL NOT PARTICIPATE IN THE PARADE AS HE HAS BEEN ASKED TO JUDGE THE VARIOUS ACTIVITIES AND AWARD THE TROPHIES. MAYOR CRAGG COMMENTED ON THE PRESENT PROCEDURE FOR ABANDONING EASEMENTS AND ASKED THE CITY ATTORNEY IF THIS IS SOMETHING THAT, BY LAW, MUST BE APPROVED BY THE CITY COUNCIL, OR IF THIS AUTHORITY COULD BE VESTED IN THE BUILDING INSPECTOR AFTER HE DETERMINES THERE WOULD BE NO PROBLEM CONCERNING OVERHEAD WIRES, DITCHES, ETC. IF THE EASEMENT WERE ABANDONED. MR. VOCELLE ADVISED THAT ABANDONMENT OF A PUBLIC EASEMENT WOULD REQUIRE COUNCIL APPROVAL AND COUNCIL ACTION AND COULD NOT BE DELEGATED TO AN ADMINISTRA- TOR. A RESOLUTION WILL BE REQUIRED TO BE WRITTEN ON EACH ABANDONMENT. REGULAR MEETING - MARCH 8, 1976 (CONT'D) MOTION BY COUNCILMAN GRAY, SECONDED BY VICE MAYOR KiNARD, TO ACCEPT RESOLUTION TO ABANDON EASEMENT BETWEEN LOTS 8 & 9, BLOCK 63, SEBASTIAN HIGHLANDS, UNIT #2, OWNED JOINTLY BY E. SCHRECKENBERGER AND JULIA AND CHESTER A. THOMPSON. CARRIED. ~' AT THE WRITTEN REQUEST OF RALPH HAIMOWITZ, MISS SEBASTIAN PAGEANT ASSOCIATION, COUNCILMAN HOOSE MADE A MOTION TO PERMIT THE MISS SEBASTIAN PAGEANT ASSOCIATION TO USE THE COMMUNITY CENTER FOR THE CORONATION BALL ON MARCH 27, 1976 FROM 8 P.M. TO 12 M. AND TO PERMIT THE USE OF ALCOHOL. FEE TO BE $35.00. SECONDED BY VICE MAYOR KINARD AND CARRIED. MR. RALPH C. RARICK, 302 VALENCIA STREET, ORANGE HEIGHTS, HAS REQUESTED PERMISSION TO BUILD A CARPORT ON HIS PROPERTY EVEN THOUGH HE HAS ONLY A 5-1/2' SET BACK INSTEAD OF THE REQUIRED 10'. THE REQUEST WAS TURNED OVER TO THE BOARD OF ADJUSTMENT FOR STUDY. MRS. GRIESHABER'S REQUEST FOR CHANGE OF ZONING ON HER PROPERTY FROM R-2 (MULTIPLE FAMILY) TO C-2 (COMMERCIAL) WILL BE TURNED OVER TO THE ZONING AND PLANNING COMMISSION FOR REVIEW AND RECOMMENDATION. THE CITY CLERK READ THE PROPOSED ORDINANCE AMENDING ORDINANCE NO. 202 AS AMENDED, THE ZONING ORDINANCE FOR THE CITY OF SEBASTIAN, FLORIDA ON PROPERTY OWNED BY MR.W.E. WHITEHEAD TO BE REZONED FROM R-2 (MULTIPLE FAMILY) TO C-2 (COMMERCIAL) TO WIT: LOTS 4,5,6,&7, BLOCK 1, EDGEWATER PARK SUBDiViSION. MOTION BY ViCE MAYOR KINARD, SECONDED BY COUNCILMAN JOACHIM, TO ACCEPT THE ORDINANCE AMENDING ORDINANCE NO. 202, AS AMENDED TO REZONE THE WHITEHEAD PROPERTY DESCRIBED ABOVE. ~'~:~ .t~.) ROLL CALL VOTE: AYES: VICE MAYOR KINARD, COUNCILMEN JOACHIM AND HOOSE AND MAYOR CRAGG. NEC~ RY ETHICS FORM CONFLICT OF INTEREST AND ABSTAINED FROM VOTING. MOTION WAS CARRIED. -- -- ON NOVEMBER 12, 1975, MR. VOCELLE MADE~g-J~QUi~_~O THE STATE OF FLORIDA COMMISSION ON ETHICS TO DETERMINE WHETHER ANY MEMBERS OF THE COUNg~ID WER~-~N CONFLICT TO VOTE ON THE CHAMBER'S REQUEST TO MOVE ITS BUILDING ONTO CITY OWNED LAND AS SOMF ME. WB2R~OF THE COUNCIL WERE ALSO MEMBERS OF THE CHAMBER, AND ANOTHER COUNCILMAN HAD OFFERED TO RENT P;Rr OF HI~ BUSINESS AREA TO THE CHAMBER FOR A FEE. ON FEBRUARY 13, 1976, A LETTER WAS DIRECTFD TO MR. FOCELLE INDICATING THERE WAS NO CONFLICT OF INTEREST ON BEHALF OF ANY MEMBERS OF THE COUNCil. -;O_~ELLE THEREFORE DECLARED THE COUNCIL WAS FREE TO VOTE WITHOUT A CONFLICT. STATED THE I INVOL . . . --Iwr ZqE ¢Y R CLVED IT E CO ' C WAS co szrrsz 6 LEGAL PE~iSS~OR PU~IC P~P~RT~ ~pE ~IZED F~A SEMI[~I PuBic PURPOSE. THE CH~BER OF sr s AN. AS STATED BEFO~EN~ ~T~S ~A~BY ~ CH~E~T~E~QUESTIONS PERTAINING TO IT. HE HAS REVIEWED THIS SUBJECT WITH THE FLORIDA LEAGUE OF CITIES, WITH THE ATTORNEY GENERAL'S OFFICE AND HAS OBTAINED VARIOUS SUPREME COURT CASES THAT ADDRESS THEMSELVES TO THIS ISSUE. HE QUOTED GUIDELINES REQUIRED BY THE SUPREME COURT OF FLORIDA. MR. VOCELLE COMPLIMENTED THE CHAMBER FOR THE EXCELLENT JOB IT DOES AND SAID HE WAS NOT TRYING TO PUT COLD WATER ON THEIR ACTIVITIES, BUT ADVISED THE COUNCIL MEMBERS THAT "THEY ARE MARCHING INTO A SORT OF GRAY AREA LEGALLY." IT COULD BE DONE, HOWEVER, WITH THE GUIDELINES HE SET FORTH. COUNCILMAN GRAY FELT THE CHAMBER COULD SHOW THEY DO ENOUGH PUBLIC SERVICE TO WARRANT BEING ON CITY PROPERTY. COUNCILMAN GRAY MOVED THAT THE CHAMBER OF COMMERCE BE PERMITTED TO MOVE ITS BUILDING ONTO CITY LAND ADJACENT TO CITY HALL, AT THEIR EXPENSE, IF MR. VOCELLE SAYS IT CAN BE DONE LEGALLY. COUNCILMAN HOOSE SECONDED THE MOTION "ONLY TO BRING IT TO A VOTE." THE VOTE WAS 4 TO 1 AGAINST PERMITTING THE CHAMBER TO MOVE ITS BUILDING ONTO CITYLAND. MOTION WAS NOT CARRIED. MR. VOCELLE REPORTED ON HIS FINDINGS CONCERNING A PERPETUAL OR TRUST FUND FOR THE CEMETERY. THERE IS NO FLORIDA STATUTE THAT REQUIRES A PERPETUAL FUND TO BE SET UP, ALTHOUGH HE FELT THERE WAS AN "AGREEMENT BY IMPLICATION" THAT PEOPLE WHO BUY CEMETERY LOTS WITHIN A MUNICIPALITY OR FROM A GOVERN- MENTAL BODY, ARE ENTITLED TO LOT CARE BY THE MUNICIPALITY. HE FELT IT WOULD BE IN ORDER, UNDER THIS "AGREEMENT BY IMPLICATION" TO SET UP SUCH A FUND FOR PERPETUAL CARE AT THE CEMETERY AND EXPLAINED OTHER CEMETERIES IN THE AREA HAVE DONE THIS USING MONEY FROM THE SALE OF LOTS. THE FUND COULD BE INVESTED IN SECURED FEDERAL ACCOUNTS, GOVERNMENT BONDS, OR SOME BASIC SECURED ACCOUNT. THE INTEREST ON THE FUNDS WOULD BE USED FOR CAPITAL IMPROVEMENTS AT THE CEMETERY. MAYOR CRAGG ASKED THE CEMETERY COMMITTEE TO SUBMIT A PROPOSED PLAN FOR A PERPETUAL FUND ACCOUNT AND PRESENT IT AT THE NEXT WORKSHOP MEETING. MAYOR CRAGG STATED THERE WERE SOME PEOPLE WHO WOULD BE WILLING TO SERVE ON THE ZONING & PLANNING COMMISSION BUT WERE HESITANT ABOUT TURNING IN A RESUME - AND OTHERS WHO DID NOT WANT TO SERVE BECAUSE OF THE FINANCIAL DISCLOSURE ISSUE. WHILE THE CITY CAN DO NOTHING ABOUT THE FINANCIAL DISCLOSURE ACT, SOMETHING CAN BE DONE ABOUT THE RESUME. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN HOOSE, THAT THE RESUME REQUIREMENT BE REMOVED FOR PROSPECTIVE MEMBERS OF THE ZONING & PLANNING COMMISSION AND THAT WE REVERT TO THE FORMER PRACTISE OF THE COUNCIL INTERVIEWING PROSPECTIVE MEMBERS AT WORKSHOP MEETINGS. CARRIED. -2- REGULAR MEETING - MARCH 8, 1976 (CONT'D) COUNCILMAN HOOSE EMPHASIZED THE FACT THAT THE FINANCIAL DISCLOSURE ACT DOES NOT REQUIRE DOLLAR AMOUNTS BE MENTIONED ON THE FORM, ONLY THE SOURCE OF THE INCOME. MOTION BY VICE MAYOR KINARD, SECONDED BY COUNCILMAN JOACHIM, TO ADVERTISE FOR BIDS FOR A SMALL TRACTOR MOWER. CARRIED. NO ACTION WAS TAKEN ON THE STATE ENERGY OFFICE'S REQUEST TO ISSUE AN "ENERGY ACTION MONTH" PROCLAMATION. THE ZONING & PLANNING COMMISSION HAS REQUESTED THE PROPOSED SWIMMING POOL ORDINANCE BE TABLED UNTIL THE NEXT MEETING; HOWEVER, SINCE THAT TIME COUNCILMAN JOACHIM HAS ASKED TO PUT IT ON THE AGENDA TONIGHT TO DISCUSS WHETHER IT IS POSSIBLE TO HAVE AN INTERIM AGREEMENT TO INCREASE THE SWIMMING POOL PERMIT FEE FROM $10 TO ~35 FOR UP TO 15,000 GALLON POOLS AND $50 FOR ANY POOL OVER 15,000 GALLONS. MR. VOCELLE WILL SUBMIT AN AMENDMENT TO THE PRESENT BUILDING ORDINANCE, CHAPTER 7, AT THE NEXT WORKSHOP MEETING REFLECTING ONLY THE NEW PRICES. A COPY OF THE DEPARTMENT OF TRANSPORTATION LETTER TO FLORIDA EAST COAST RAILWAY COMPANY WAS RECEIVED BY THE CITY CLERK'S OFFICE CONCERNING THE INSTALLATION OF THE GATES AT THE SECOND STREET CROSSING. THE WORK SHOULD BE COMPLETED SHORTLY. VICE MAYOR KINARD IS READY TO ADVERTISE FOR BIDS FOR THE TENNIS COURT ON SCHUMANN DRIVE, SEBASTIAN HIGHLANDS. BIDS WILL BE OPENED AT A SPECIAL MEETING PRIOR TO THE WORKSHOP MEETING ON APRIL 7, 1976. MR. ED PALUCH, A LOCAL BUILDING CONTRACTOR, HAS REQUESTED THE CITY DISPENSE WITH ISSUING SEPTIC TANK PERMITS AT A FEE OF $10 INASMUCH AS NO CITY INSPECTIONS ARE REQUIRED. (MR. MUMM, BUILDING INSPECTOR, STATED HE INSPECTS ONLY TO BE CERTAIN IT IS A MINIMUM OF 5' FROM THE WALL OF THE HOUSE). THE NECESSARY INSPECTIONS. BRING THIS MATTER DISCUS CNL ''-'' MEETING WAS DeOU NED AT P.M. City Clerk ¢' ~Mayor -3-