HomeMy WebLinkAbout03141977REGULAR MEETING - MARCH 14, 1977
MEETING CALLED TO ORDER BY MAYOR F. EUGENE CRAGG AT 7 P.M.
PRESENT: VICE MAYOR LEWIS GRAY, COUNCILMEN CLIFFORD HOOSE,
SZELUGA, MAYOR CRAGG AND MR. L. B. VOCELLE.
JOHN JOACHIM, RICHARD
MINUTES OF REGULAR MEETING OF FEBRUARY 14TH, SPECIAL MEETING OF FEBRUARY 16TH, PUBLIC
HEARING OF MARCH 9TH AND SPECIAL MEETING OF MARCH 9TH WERE APPROVED.
COUNCILMAN RICHARD SZELUGA SUBMITTED HIS RESIGNATION AS A MEMBER OF THE CITY COUNCIL
TO BE EFFECTIVE IMMEDIATELY UPON ACCEPTANCE OF LETTER OF RESIGNATION.
MOTION BY COUNCILMAN JOACHim, SECONDED BY COUNCILMAN HOOSE, TO ACCEPT COUNCILMAN
SZELUGA'S RESIGNATION WITH REGRET. CARRIED.
MOTION BY COUNCILMAN JOACHIM, SECONDED BY VICE MAYOR GRAY, TO PAY FEBRUARY BILLS
AMOUNTING TO $14,582.00. CARRIED.
MR. HOLDER, MARTIN LANE, ASKED THE COUNCIL TO RECONSIDER APPROVAL GIVEN TO THE
L. E. MYERS COMPANY TO PARK INDUSTRIAL EQUIPMENT BEHIND THE INSTA MART STORE (PROPERTY
OF JOE EARMAN). MR. HOLDER COMMENTED HE HAD APPEARED BEFORE THE COUNCIL IN 1973
COMPLAINING ABOUT A SIMILAR SITUATION AND THE COUNCIL AGREED, AT THAT TIME, NEVER TO
ALLOW IT TO HAPPEN AGAIN. IN READING THE ZONING ORDINANCE, HE COULD NOT FiND THAT
SUCH USES ARE PERMITTED UNDER C-1 ZONING RULES i.e., PARKING AND STORAGE OF INDUSTRIAL
EQUIPMENT. MAYOR CRAGG EXPLAINED THIS SUBJCT IS ON THE AGENDA AND WILL BE DISCUSSED
LATER. WD~ - ' ' T~E
VICE MAYOR GRAY REPORTED THAT ON REUOVA XISTING FACILITIES AT THE SWim LAKE
ARE NEAR COMPLETION AND SHOULD BE FIN£SH~D BY FH/E END OF THE WEEK. THE DOCK AT THE
LAKE HAS BEEN COMPLETELY REBUi~LT~ I
NEW MEMBERS ARE NEEDED FOR THE NORTH COUNTY RECREATION COMMITTEE AND ANYONE WANTING TO
BE A PART OF IT IS ASKED TO CONTACT VICE MAYOR GRAY. MORE PEOPLE AND MORE IDEAS ARE
NEEDED FOR THIS GROWING PROGRAM. ~ [__]
COUNCILMAN JOACHIM REPORTED THE NEW LIGJTS ~ SCHUMANN DRIVE HAVE BEEN INSTALLED AND ARE
MARKERS ON GRAVESITES IN THE OLD SECTION OF THE CEMETERY TO CONFORM WITH THE STONES
MRS. META C. BOLINGER, WHOSE GRANDPARENTS ARE BURIED IN THE OLD SECTION STRESSED THE
HISTORIC VALUE OF THE OLD CEMETERY, REMARKING THAT ACCORDING TO THE BICENTENNIAL EDITION
OF "FLORIDA'S HISTORIC INDIAN RIVER COUNTY BOOK" MR. PARKS WAS BURIED THERE IN 1895.
SHE ASKED THAT THE PRESENT ORDINANCE BE AMENDED TO ALLOW FOR CONTINUITY OF SLABS AND
ABOVE GROUND MARKERS IN UNIT 1.
BASED ON ITS HISTORIC VALUE, MR. VOCELLE OPINED THAT THE LAW WOULD ALLOW A DIFFERENTIAL
IN THE T~O UNITS OF THE CEMETERY.
MOTION BY COUNCILMAN JOACHIM, SECONDED BY VICE MAYOR GRAY, TO ASK THE CEMETERY COMMITTEE,
WITH THE ASSISTANCE OF THE CITY ATTORNEY, TO PREPARE AN AMENDMENT TO THE PRESENT ORDI-
NANCE ALLOWING ABOVE GROUND MARKERS AND SLABS IN UNIT 1 OF THE SEBASTIAN CEMETERY.
CARRIED. (NOTE: COUNCILMAN HOOSE VOTED "NAY".)
THE BUILDING DEPARTMENT REPORTED $267,870 IN NEW CONSTRUCTION DURING FEBRUARY.
WERE ISSUED FOR TEN SINGLE FAMILY HOMES AT AN ESTIMATED VALUE OF $252,720.00.
CONSTRUCTION DURING DECEMBER, JANUARY AND FEBRUARY, AMOUNTED TO $1,033,992.00.
PERMITS
NEW
CHIEF CUMMINS REPORTED 187 COMPLAINTS ANSWERED DURING FEBRUARY, NOT INCLUDING TRAFFIC
STOPS.
THE SONNY EVERET AIR SHOW HAS ASKED TO HOLD AN AIR SHOW AT THE SEBASTIAN AIRPORT ON
APRIL 23 AND 24. AFTER REVIEWING THE CONDITIONS UNDER WHICH THE PROGRAM WOULD BE
CONDUCTED, THE AIRPORT COMMITTEE RECOMMENDED THEY BE PERMITTED TO PERFORM ON THE DATES
MENTIONED.
MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILMAN JOACHIM, TO APPROVE THE ACTION OF
THE AIRPORT COMMITTEE IN MAKING ARRANGEMENTS FOR THE SONNY EVERET AIR SHOW AT THE
SEBASTIAN AIRPORT ON APRIL 23 AND 24, AND THAT A HOLD HARMLESS AGREEMENT AND COPY OF
INSURANCE POLICY BE PRESENTED TO THE CITY CLERK PRIOR TO THE SHOW. CARRIED.
THE REQUEST TO ADVERTISE IN THE "MISS FLORIDA PAGEANT BROCHURE" WILL BE HELD IN
ABEYANCE UNTIL THE NEW ADVERTISING PRICES ARE RECEIVED.
MOTION BY COUNCILMAN JOACHIM, SECONDED BY VICE MAHOR GRAY, TO ALLOW THE INDIAN RIVER
COUNTY BOWLING ASSOCIATION TO SERVE ALCOHOLIC BEVERAGES AT ITS ANNUAL MEETING IN THE
COMMUNITY CENTER ON APRIL 16, 1977. CARRIED.
REGULAR MEETING - MARCH 14, 1977 (CONT'D)
40°
A REQUEST HAS BEEN RECEIVED FROM DR. NOVAK TO VACATE THE ABUTTING SIDE EASEMENTS
BETWEEN LOTS 8 AND 9, BLOCK 215, SEBASTIAN HIGHLANDS, UNT~ 8. LETTERS WILL BE FOR-
WARDED TO THE UTILITY COMPANIES TO DETERMINE WHETHER THEY WILL HAVE ANY FUTURE USE OF
THESE EASEMENTS.
THE ZONING & PLANNING COMMISSION VOTED TO DENY THE REQUEST OF MRS. MAYME TAYLOR TO
REZONE HER PROPERTY ~ LOT 2 - BLOCK 8, HARDEE ADDITION TO SEBASTIAN, FROM C-2 TO R-1-M.
THE REASON FOR THE DENIAL WAS BASED ON LACK OF LOT FRONTAGE. ZONING ORDINANCE REQUIRES
70' FRONTAGE AND THE LOT IS ONLY 50'
MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN HOOSE, THAT THE ZONING AND PLANNING
COMMISSION'S RECOMMENDATION TO DISAPPROVE MRS. TAYLOR'S REQUEST TO REZONE LOT 2 - BLOCK 8
HARDEES ADDITION TO SEBASTIAN, FROM C-2 TO R-1-M BE APPROVED. CARRIED.
MAYOR CRAGG DISCUSSED MEETING HELD WITH MEMBERS OF THE INDIAN RIVER COUNTY HEALTH DEPART-
MENT CONCERNING THE AMOUNT OF FILL REQUIRED FOR SEPTIC TANKS. MOST OF THE LOCAL BUILDERS
FEEL TOO MUCH FILL IS REQUIRED BECAUSE THE HEALTH DEPARTMENT WAS NOT TAKING INTO ACCOUNT
THERE WAS HARDPAN WHERE THEY WANTED TO PUT THE DRAINFIELD AND THEY WOULD NOT PERMIT THE
HARDPAN TO BE REMOVED AND REPLACED WITH SOFTPAN SO THE DRAINFIELD WOULD OPERATE WITHOUT
HAVING SUCH A TREMENDOUS AMOUNT OF FILL. AT THE MEETING, HOWEVER, THE HEALTH DEPARTMENT
SAID THEY HAD NO OBJECTION TO THE REMOVAL OF THE HARDPAN. OTHER RELATED PROBLEMS WERE
DISCUSSED AND THE HEALTH DEPARTMENT AGREED TO COOPERATE WITH THE CITY AS MUCH AS THEY
COULD. NEXT MONDAY MAYOR CRAGG AND THE BUILDING INSPECTOR WILL ACCOMPANY MEMBERS OF THE
HEALTH DEPARTMENT TO DETERMINE HOW TESTS ARE MADE.
THE CITY CLERK READ BY TITLE ONL3~ "AN ORDINANCE AMENDING ORDINANCE 202 AS AMENDED" THE
FROM R-1 TO R-2, THE A'O~H 24 ACRES O~ITHE NW QTR OF THE SW QTR OF
SECTION 6, TOWNSHIP ~1~ ~ ~ANGE 39 E ~SS AND EXCEPT THE W 291' HEREOF,
SAID LAND SITUATE IN ~IA~RI~ COU~Y, FLORIDA: AND
FROM R-2 TO M-1 ALL BLOCK/4'i~EB~rAN GROVE ESTATES, ACCORDING TO
THE PLAT THEREOF RECORDED'I~~ THE ~-~FICE OF THE CLERK OF THE CIRCUIT
COURT, INDIAN RIVER COUNTY, FLORI~.
ROLL CALL VOTE:
AYES: , COUNCILMEN JOACHIM AND HOOSE, MAYOR CRAGG.
: . G EE OF G CT)
THE ACE CAB CO B T OF BUSIN D ROSS, CITY CAB OF
VERO BEACH, WAS'~I-~VII-E-~O--~TE~NT-O' NE73~TIATl-ONS ~T~TH~CI~Y'--TO OBTAIN A CERTIFICATE
OF CONVENIENCE AND NECESSITY TO OPERATE WITHIN THE CiTY LIMITS. PRIOR TO OBTAINING SUCH
A PERMIT, HOWEVER, MR. ROSS WILL BE ASKED TO SUBMIT A SCHEDULE OF RATES AND EVIDENCE OF
INSURANCE. THE CITY WILL ESTABLISH STANDARDS FOR OPERATING A TAXICAB SERVICE IN THE
CITY BY JULY. MR. ROSS HAS THREE CABS STATIONED IN VERO AND HOPES TO STATION ONE IN
SEBASTIAN AT A LATER DATE.
MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILMAN HOOSE, TO ISSUE A CERTIFICATE OF
CONVENIENCE AND NECESSITY TO THE CITY CAB OF VERO BEACH TO OPERATE IN THE CITY OF
SEBASTIAN AS SOON AS THEY HAVE FULFILLED THE NECESSARY REQUIREMENTS. CARRIED.
MAYOR CRAGG REFERRED TO MR. HOLDER'S COMPLAINT REGARDING PARKING AND STORAGE OF INDUS-
TRIAL EQUIPMENT IN A COMMERCIAL AREA AND TO HIS STATEMENT THAT THE CITY COUNCIL PROMISED
HIM IN 1973, WHEN THIS CONDITION EXISTED PREVIOUSLY, THAT THEY WOULD NOT PERMIT IT TO
HAPPEN AGAIN, MAYOR CRAGG STATED THE MINUTES OF MEETINGS IN 1973 WERE REVIEWED TODAY
AND THIS STATEMENT DID NOT APPEAR IN THE MINUTES. THERE MAY HAVE BEEN SOMETHING SAID AT
THAT TIME TO GIVE MR. HOLDER THE IDEA IT WAS IN THERE, BUT IT IS NOT iN THE MINUTES OF
THE MEETINGS. MR. VOCELLE STATED THAT HE DID NOT INTERPRET THE ORDINANCE AS MR. HOLDER
DID CONCERNING "STORAGE". STORAGE IS SOMETHING THAT WOULD BE CONSIDERED TO BE PERMANENT
IN NATURE, AND MR. VOCELLE DID NOT CONSIDER PARKING AS STORAGE. AS FAR AS THE NOISE
FACTOR IS CONCERNED, IF AN INDIVIDUAL LIVES IN A COMMERCIAL AREA, THEY ARE NOT IN THE
SAME POSITION OF COMPLAINING ABOUT NOISE AS A RESIDENT IS IN A RESIDENTIAL AREA. MR.
VOCELLE STATED THAT AS HE UNDERSTOOD IT, THE PARKING OF EQUIPMENT IS ON PRIVATE PROPERTY
ON A COMMERCIAL AREA AND THE QUESTION IS WHETHER OR NOT TEMPORARY PARKING OF EQUIPMENT
ON PROVATE PROPERTY IN A COMMERCIAL AREA IS A VIOLATION OF THIS ORDINANCE.
AFTER FURTHER DISCUSSION ON THE MATTER, MOTION WAS MADE BY COUNCILMAN HOOSE, SECONDED
BY COUNCILMAN JOACHIM, THAT THE APPROVAL STAND FOR ALLOWING THE L. E. MYERS COMPANY TO
PARK ITS VEHICLES ON PRIVATE PROPETY BEHIND THE INSTA MART. CARRIED. (NOTE: VICE MAYOR
GRAY VOTED "NAY" COMMENTING HE DOES NOT INTERPRET THE ORDINANCE AS MR. VOCELLE DOES.)
COUNCILMAN JOACHIM REQUESTED THE PURCHASE OF A TAPE RECORDER BE DEFERRED TEMPORARILY
BUT THAT THE MONEY ALLOCATED FOR ITS PURCHASE BE RETAINED IN THE BUDGET FOR THAT SPECIFIC
USE.
MAYOR CRAGG REFERRED TO MR. FLOYD WILKES' APPRAISAL OF LOTS 1, 2, 3, 4 and 5 - BLOCK 13,
EDGEWATER PARK S/D, AT A FAIR MARKET VALUE OF $18,750.00. NO ACTION WILL BE TAKEN ON
4O3
REGULAR MEETING - MARCH 14, 1977 (CONT'D)
POSSIBLE PURCHASE OF THIS PROPERTY UNTIL IT IS DETERMINED WHAT IT COULD BE USED FOR.
IF IT IS TO BE USED FOR RECREATIONAL PURPOSES, MAYOR CRAGG WILL CONTACT MR. FROMKE OF
THE DEPARTMENT OF NATURAL RESOURCES TO SEE IF HIS DEPARTMENT CAN ASSIST US IN SECURING
STATE FUNDS TOWARD ITS PURCHASE.
THE CITY CLERK READ THE RESOLUTION DEDICATING FOR PUBLIC PURPOSES LOTS 1 TO 25 iNCLU-
SIVE, BLOCK 7, EDGEWATER PARK S/D. (SEND CERTIFIED COPY TO MR. LAW)
MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN HOOSE, THAT THE RESOLUTION
DEDICATING THE ABOVE DESCRIBED PROPERTY FOR PUBLIC USE BE ACCEPTED AS READ. CARRIED.
(R-77-6)
THE FINANCE COMMITTEE MET AND AGREED THAT FUNDS COULD NOT BE MADE AVAILABLE TO MR.
WAYNE KROEGEL TO HELP FINANCE THE FOURTH OF JULY CELEBRATION. HE ASKED FOR A TOTAL OF
$659.00 WHICH INCLUDED COST OF FIREWORKS AND GENERAL EXPENSE MONEY. THE COUNCIL AGREED
TO HELP MR. KROGEL IN ANY OTHER WAY, BUT COULD NOT DO SO FINANCIALLY. THEY.SUGGESTED
HE SUBMIT A REQUEST FOR FUNDS FOR NEXT YEAR'S CELEBRATION PRIOR TO FORMULATION OF NEXT
YEAR'S BUDGET.
MOTION BY COUNCILMAN HOOSE, SECONDED BY VICE MAYOR GRAY, TO DENY MR. KROGEL'S REQUEST
FOR $659.00 FOR THE 1977 FOURTH OF JULY CELEBRATION. CARRIED.
MOTION BY COUNCILMAN HOOSE, SECONDED BY COUNCILMAN JOACHIM, TO PERMIT VICE MAYOR GRAY
TO ADVERTISE FOR BIDS FOR PLAYGROUND EQUIPMENT, FUNDS FOR WHICH WERE INCLUDED IN LAST
YEAR'S RECREATION BUDGET. CARRIED. __~ [ ~
NEw FISCAL YEAR BUDGET.
MAYOR CRAGG RETURNED FROM THE FLORIDA LEAGUE OF CITIES MEETING IN JACKSONVILLE ON
MARCH 4TH AND 5TH, WITH SUFFICIENT ~P~E~THE FINAL DRAFT OF THE LEGISLATIVE POLICY
STATEMENT OF THE FLORIDA LEAGUE OF 'CITIES. ~-IT IS A COMPILATION OF PROBLEMS BROUGHT UP
BY THE FOUR COMMITTEES THAT MEET SEPARATELF~EACH YEAR, THE ANTI-GOVERNMENTAL RELATIONS
COMMITTEE, FINANCE COMMITTEE, URBAN ADMrNI~RATION COMMITTEE (OF WHICH MAYOR CRAGG IS
A MEMBER) AND THE ENVIRONMENTAL CO~MF~T~K''~-I THE REPORT WAS TURNED OVER TO THE LEGISLA-
TIVE COMMITTEE WHO MADE SOME MINOR ~GES~ IN IT AND THE FINAL REPORT WILL BE PUBLISHED
IN THE FLORIDA RECORD MAGAZINE. ADDITIONAL COPIES OF THE MAGAZINE CAN BE PROCURED IF
THEY ARE NEEDED/,_.~A CORY. QJ~HE R~ORT ~-L~L ~H~ ~.J_LE /f~ CIT_Y~ ~t~LL IF ANYONE FROM THE
MOTION BY COUNC~L~(AN JO~%C3IM,'~SATC{)N~ED '~Y'~COU~CrLMAN H~)(~E~, _O~APPROVE RESOLUTION TO
MISS DONNA TIDWA"'~L, ~I'IVT--ISLA'ND WAS SELECTE--~ MI~-~ SEBASTI~-~ 1977 FROM AMONG 11
CONTESTANTS AT THE MISS SEBASTIAN PAGEANT ON MARCH 12, 1977.
A SPECIAL ELECTION WILL BE HELD IN MAY TO FILL THE UNEXPIRED TERM OF COUNCILMAN SZELUGA.
MEETING ADJOURNED.
CITY CLERK