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REGULAR COUNCIL MEETING, APRIL 10, 1978
MAYOR PAT FLOOD, JR., CALLED THE MEETING TO ORDER AT 7:00 P.M.
PRESENT: VICE MAYOR LEWIS GRAY, COUNCILMEN EVERETT T. GASS, JOHN R. JOACHIM, AND CLIFFORD HOOSE,
MAYOR PAT FLOOD, JR., AND MR. L. B. VOCELLE, CITY ATTORNEY.
THE MINUTES OF THE REGULAR COUNCIL MEETING OF MARCH 13, 1978, PUBLIC HEARING OF MARCH 20, AND
SPECIAL MEETINGS OF MARCH 20 AND 30, AND APRIL 4, 1978, WERE APPROVED.
VICE MAYOR GRAY READ A PROCLAMATION FROM MAYOR FLOOD PROCLAIMING THE PERIOD APRIL 16 THROUGH
APRIL 22, 1978, AS "NATIONAL VOLUNTEER WEEK" IN THE CITY OF SEBASTIAN. ALL CITIZENS OF SEBASTIAN
WERE URGED TO PARTICIPATE IN "VOLUNTEER HAND REACH" AT HOBART PARK, VERO BEACH, FLORIDA, ON SATURDAY,
APRIL 22, AT 8:30 A.M. THE PROCLAMATION WAS PRESENTED TO MRS. RITA SAUERMAN OF THE COUNTY COUNCIL
OF COMMUNITY SERVICES. MRS. SAUERMAN THEN INTRODUCED MARCHON ROGEL OF THE UNITED WAY. MRS. ROGEL
EXPLAINED THE TWO-FOLD PURPOSE OF NATIONAL VOLUNTEER WEEK. VICE MAYOR GRAY WILL REPRESENT MAYOR
FLOOD AT THE ACTIVITIES ON SATURDAY, APRIL 22, AND WILL SERVE ON THE VALIDATING COMMITTEE WITH
MAYORS OF OTHER CITIES AND THE CHAIRMAN OF INDIAN RIVER COUNTY COMMISSION.
MOTION BY COUNCILMAN GASS, SECONDED BY VICE MAYOR GRAY, TO PAY THE MARCH BILLS AMOUNTING TO
$16,508.03. CARRIED.
IN THE INTEREST OF SAVING TIME AT THE COUNCIL MEETINGS, MAYOR FLOOD SUGGESTED THE MEMBERS BE GIVEN
A COPY OF THE MONTHLY BILLS PRIOR TO THE REGULAR COUNCIL MEETINGS EACH MONTH INSTEAD OF READING THE
BILLS AT THE MEETINGS. SUCH A LISTING WOULD BE AVAILABLE TO THE PUBLIC AS WELL.
MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN HOOSE, THAT A LISTING BE MADE OF THE BILLS
AND INITIALED BY EACH COUNCILMAN AND THAT THE LISTING NOT BE READ AT THE REGULAR MONTHLY MEETING.
CARRIED.
-- I /-7 , ,,
is UNDER THE JURISDICTION THE C TY COUNCI IS USEO FOR ANY AND ALL LAWFUL PURPOSES."
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HE STATED FURTHER THAT IT WAS HIS t'NDE~A~DTNG TAAT TH~ ~PECIFIC LAWFUL PURPOSE OF THE CEMETERY
:COMMITTEE WAS TO MAINTAIN THE CITY TO P CHASE MATERIAm AND EQUIPMENT FOR THE
MAINTENANCE AND IMPROVEMENT OF THE ~F2~FWfER.~-~ND F~R NO ~HER PURPOSE. HE THEN QUOTED SECTION 2.01
OF THE CITY CHARTER, GENERAL PO~ OF THE CITY, PA~GR~H 7, PAGE 16, EXPENDED MONIES "TO EXPEND
THE MONEY OF THE CITY FOR ANY AND ALL LAWfUl." IT W~ HIS BELIEF THAT THERE WERE CERTAIN
MONIES THAT WERE ~MOVED FROM THE CEMETE~ ~ND gO~Y BINGO EQUIPMENT. MAYOR FLOOD ADVISED MR.
SZELUGA HE W~ COR~CT IN HIS STATEMENT. ~. SZEL~A CONTENDED, THE~FORE, THAT THE REMOVAL OF
MONIES FROM THE CEMETERY FUND FOR BINGO ~UIBMENT~IN DI~CT VIOLATION OF THE CHARTER, SECTION 5.11
ADMINIST~TION OF THE BUDGET - PARAGR~H ~ ~RICH STATES "ANY AUTHORIZATION OF PAYMENT OR INCURRING OF
OBLIGATION IN VIOLATION OF THE PROVISIONS~O~IS~HARTER SHALL BE VOID AND ANY PAYMENT SO MADE IS
IL~GAL. SUCH ACTION SHALL BE CAUSE FOR TH~REMOVAL OF ANY OFFICER WHO KNOWINGLY AUTHORIZED OR MADE
SUCH PAYMENT OR INCURRED SUCH OBLIGATION AND HE ALSO SHALL BE LI~LE TO THE CITY FOR ~Y ~OUNT SO
MAYOR FLOOD SAID TO THE BEST OF HIS RECOLLECTION, WHEN HE WAS NOT IN OFFICE, HE HEARD THE MATTER
DISCUSSED AT AN OPEN MEETING AND BELIEVED IT WAS ON AUGUST 8, 1977. THE SUBJECT OF BINGO EQUIPMENT
WAS BROUGHT BEFORE THE COUNCIL AND AT THAT TIME THE STATEMENT WAS MADE THAT MEMBERS OF THE COUNCIL
WERE ALLOWED TO SPEND UP TO $500. THAT WAS PRIOR TO THE TIME THE MOTION WAS MADE IN SEPTEMBER, 1977,
TO INCREASE IT TO $1,000. THAT WAS THE WAY THE COUNCIL LEFT IT. TO HIM, THE SILENCE OF THE COUNCIL
WAS AN AGREEMENT TO THE SUGGESTiON ANDAS THERE WERE NO PROTESTS AT THAT TIME. VICE MAYOR GRAY
CONCURRED WITH MAYOR FLOOD'S STATEMENT, NO OFFICIAL ACTION WAS TAKEN EXCEPT THAT AT THAT TIME IT
WAS PERMISSIBLE TO SPEND ONLY $500., NOT $1,000. AS IT IS NOW. COUNCILMAN HOOSE ALgO AGREED THAT
BASICALLY THAT IS WHAT WAS SAID AT THE TIME. MAYOR FLOOD STATED THE MATTER WILL BE LOOKED INTO.
MR. SZELUGA INTERJECTED THAT THE CHARTER READS "FOR ALL LAWFUL PURPOSES." AT THE PRESENT TIME
BINGO GAMES ARE NOT A "LAWFUL PURPOSE" IN THIS TOWN. THEREFORE, SINCE THE SPECIFIC PURPOSE OF
THE FUND iS TO MAINTAIN AND IMPROVE THE CEMETERY AND FOR NO OTHER PURPOSE, THIS PURCHASE OF BINGO
EQUIPMENT IS NOT IMPROVING OR MAINTAINING THE CEMETERY, SO HE LEFT IT UP TO THE COUNCIL TO TAKE
THIS POINT INTO CONSIDERATION. MAYOR FLOOD ADVISED THAT THE MONEY HAD BEEN REPLACED, BUT MR.
SZELUGA WAS NOT SATISFIED STATING THE "FACT IS THAT AN ILLEGAL ACT WAS PERFORMED, EVEN THOUGH
RESTITUTION HAS BEEN MADE." IN RESPONSE TO MR. SZELUGA'S QUESTION AS TO WHERE THE MONEY CAME
FROM TO REPAY THE CEMETERY ACCOUNT, MAYOR FLOOD ADVISED IT HAD COME FROM THE PROCEEDS OF THE
WHITE ELEPHANT SALE SPONSORED BY THE CEMETERY IMPROVEMENT ASSOCIATION. IT WAS MR. VOCELLE'S
UNDERSTANDING THAT AFTER MR. JOACHIM WAS ADVISED THAT IT WAS ILLEGAL TO CONDUCT BINGO GAMES, THE
MONEY WAS REIMBURSED TO THE CEMETERY ACCOUNT. MR. SZELUGA REQUESTED TRANSCRIPTS OF ALL MEETINGS
HELD CONCERNING THIS MATTER AND MAYOR FLOOD SAID HE WOULD LIKE TO PERSONALLY INVITE HIM TO ATTEND
THE MEETINGS. MR. SZELUGA SAID HE WOULD ATTEND IF HE COULD MAKE IT.
VICE MAYOR GRAY REPORTED ON THE STATUS OF THE FOOTBALL FIELD. IT HAS BEEN GRADED AND IS READY
FOR THE FILL. IF ALL GOES WELL, IT WILL BE SEEDED BETWEEN NOW AND NEXT MONTH AND THE SPRINKLER
SYSTEM WILL BE INSTALLED. MOST OF THE MONEY SPENT ON THIS PROJECT WILL BE DIVIDED BETWEEN THE
CITY RECREATION ACCOUNT AND THE NORTH COUNTY RECREATION FUND.
THE PLAYGROUND EQUIPMENT PURCHASED LAST YEAR IS BEING WELL USED, AND MANY PEOPLE ARE USING THE
LAKE AGAIN. HOWEVER, THERE IS A LOT OF VANDALISM AND VICE MAYOR GRAY ASKED ANYONE WITNESSING
SUCH ACTS TO REPORT THEM. DISCUSSION AROSE CONCERNING THE USE OF THE SWIM LAKE AND WHETHER A
PERMIT HAD BEEN RECEIVED FROM THE STATE. MAYOR FLOOD WILL LOOK INTO THE MATTER AND REPORT TO
THE COUNCIL AT A LATER MEETING.
REGULAR COUNCIL MEETING, APRIL 10, 1978 (CONT'D. 2)
COUNCILMAN GASS ATTENDED A STATE WIDE HOUSING AND URBAN DEVELOPMENT MEETING IN MARCH AT
JACKSONVILLE AND LEARNED QUITE A BIT ABOUT HOW AND ON WHAT BASIS VARIOUS FUNDS ARE MADE
AVAILABLE TO THE CITIES. ONE POINT STRESSED AT THE MEETING WAS THAT INCOME LEVEL FIGURES
MUST BE PRESENTED AND IT MUST BE PROVEN HOW THE FIGURES WERE ARRiVED AT. A SURVEY IS BEING
MADE BY COUNCILMAN GASS TO OBTAIN THE NECESSARY FIGURES AND HE ASKED FOR ASSISTANCE FROM THE
PUBLIC TO HELP DELIVER AND COLLECT THE SURVEY SHEETS. HE WOULD LIKE TO COMPLETE THE PROJECT
BY APRIL 21 BEFORE HE MEETS WITH THE REGIONAL MANAGER IN JACKSONVILLE WHO HAS AGREED TO ASSIST
HIM IN THE PREPARATION OF THE FORMAL APPLICATION.
COUNCILMAN GASH HAS RECEIVED THE COUNTY FORMULA FOR ASSIGNING HOUSE NUMBERS AND A PLAN WiLL BE
DEVISED TO GIVE HOUSE NUMBERS.FOR EVERY LOCATION IN THE CITY.
THE CITY OF SEBASTIAN HAS BEEN CERTIFIED BY THE GENERAL SERVICES DIVISION, STATE OF FLORIDA, TO
PURCHASE SURPLUS ITEMS AT A CONSIDERABLE SAVINGS BELOW OPEN MARKET PRICES. COUNCILMAN GASS SUGGESTED
ALL PURCHASES BE KEPT AT A MINIMUM UNTIL SUCH TIME AS HE VISITS THE WAREHOUSES TO SEE WHAT THEY
HAVE TO OFFER.
COUNCILMAN GASS HAS TEMPORARILY SHELVED THE WATER PROBLEM AT LOUISIANA AVENUE AND S.R. #512 PENDING
A REPLY FROM THE STATE AS TO WHEN THEY ANTICIPATE CHANGING OR WIDENING S.R. #512 IN THIS AREA.
THE LEGAL PROBLEM IN CONNECTION WITH THE WELL WHICH IS PARTIALLY ON PRIVATE PROPERTY (BOONE PROPERTY)
HAS NOT BEEN SATISFACTORILY CONCLUDED. COUNCILMAN GASS ASKED MR. VOCELLE IF THE CITY HAS THE RIGHT
TO NEGOTIATE THE PURCHASE OF A PIECE OF GROUND 1' WIDE THE FULL DEPTH OF A LOT AT A PRICE NOT TO
EXCEED $500. PROVIDING AN ABSTRACT IS RECEIVED AND THE COST OF THAT ABSTRACT IS BORNE~ BY THE
SELLER. MR. VOCELLE WAS OF THE OPINION THAT WHEN THE CITY DEEMS IT IN THE BEST PUBLIC INTEREST
TO PURCHASE PROPERTY, IT HAS THE POWER TO NEGOTIATE FOR THE PROPERTY. THE CITY SHOULD SECURE
PROPER APPRAISAL OF THE LAND SO THE CITY WILL HAVE ON RECORD SOME BASIS FOR THE CONSIDERATION, AND
BEING UTILIZED BY THE CITY, YOU AR~ XC~_~ALLY CLAARING ~/TITLE AND UNDER THE CIRCUMSTANCES $500.
IS WITHIN THE RANGE OF NEGOTIATIONS. COUN~ILMA~ CASS ~IL~ PRESENT THE ABSTRACT TO MR. VOCELLE
FOR 2~PPROVAL IF AND WHEN IT IS OBTAINER MR. VC.CFLLE ~EqOMMENDED THE PROPERTY IN QUESTION BE
APPRAISED FOR THE RECORD TO INDICAT~&H~T IS BEING PURe,gED AND WHAT THE CONSIDERATION IS IN THE
PURCHASE.
COUNCILMAN JOACHIM REQUESTED PERMISSION T~E ~E--~EMETERY IMPROVEMENT ASSOCIATION MAN A HOT DOG
STAND AT THE 4TH OF JULY CELEBRATION IN SEBA~TV_A~. ~--~HE FOURTH OF JULY COMMITTEE HAS GIVEN ITS
APPROVAL. MAYOR FLOOD DiD NOT THINK IT NECESSARY ~ HAVE A COUNCIL VOTE, BUT IT WAS UNANIMOUSLY
AGREED THAT THE ASSOCIATION SHOULD PROCEED '~iTR PL~ FOR A HOT DOG STAND.
THE PROPOSAL FOR AUXILIARY POLICE FORCE ~R~AD_~ND WILL BE DISCUSSED LATER AS AN AGENDA ITEM.
MAYOR FLOOD EXPLAINED THE PRESENCE OF SAMPLES OF ASPHALT (TAKEN FROM SCHUMANN DRIVE AND VOCELLE
STREET) BY REPORTING HIS HAVING MET WITH REPRESENTATIVE~g OF GENERAL DEVELOPMENT CORPORATION LAST
MONTH, AT WHICH TIME THEY ASSURED MAYOR FLOOD THAT 1" OF ASPHALT HAD BEEN USED THROUGHOUT. THE
SUBJECT OF HOW FAR BACK THIS MATTER COULD BE QUESTIONED AROSE AT THE APRIL 5, 1978, WORKSHOP
MEETING, AT WHICH TIME MR. VOCELLE REMARKED "GOING BACK 20 YEARS WOULD BE HARD TO ENFORCE." THE
MAYOR URGED THE PUBLIC TO REPORT AREAS OF THIN ASPHALT AND POTHOLES TO THE COUNCIL. DOCUMENTATION
PROCEEDINGS HAVE BEGUN FOR ALL AREAS IN QUESTION.
THE MATTER OF POSSIBLE CONFLICT OF INTEREST WAS POSED RE THE CITY ENGINEER, ROBERT F. LLOYD, WHO
AT ONE TIME HAD BEEN EMPLOYED BY GENERAL DEVELOPMENT CORPORATION. MAYOR FLOOD DID NOT FEEL ANY
INFERENCE OF WRONG DOING WAS MEANT, BUT ONLY QUESTIONED WHETHER OR NOT A DISINTERESTED PARTY
MIGHT BE CONTRACTED TO PERFORM A REPEAT STUDY. (PITTSBURGH TESTING COMPANY REPORTED INITIALLY
CORE DRILLING WAS SATISFACTORY PRIOR TO THE CITY'S ACCEPTANCE OF THESE STREETS FROM GDC.) ROADS
DISCUSSED HAVE ALL BEEN ACCEPTED BY THE CITY, BUT GDC HAS A THREE YEAR MAINTENANCE PROGRAM TO FULFILL.
THE BUILDING DEPARTMENT ISSUED 13 PERMITS DURING MARCH'FOR SINGLE FAMILY RESIDENCES VALUED AT
$358,000. TOTAL NEW CONSTRUCTION FOR THE MONTH AMOUNTED TO $376,874.
THE BUILDING OFFICIAL REPORTED THE TREES CAUSING THE HAZARDOUS CONDITIONS AT SEBASTIAN TRAILER
PARK HAVE BEEN REMOVED AND ASKED TO GO ON RECORD THANKING MR. HEEN, OWNER OF THE PARK, FOR HIS
EXCELLENT COOPERATION. FLORIDA POWER AND LIGHT HAS APPROVED THE RELOCATION OF ALL THE HAZARDOUS
WIRING SO THAT HIGH VOLTAGE WIRES WILL NOT GO OVER THE PARK.
THE FLORIDA CONSTRUCTION LICENSING BOARD HAD NINE INVESTIGATORS FROM JACKSONVILLE CHECKING ON
LICENSES OF GENERAL AND SUB-CONTRACTORS THROUGHOUT THE COUNTY. NUMEROUS VIOLATIONS WERE FOUND IN
THE COUNTY AND VERO BEACH, BUT NONE IN SEBASTIAN.
AS A MATTER OF PUBLIC RECORD, MR. MAYER COMMENTED THE CITY IS SUPPLYING WATER TO THE HOUSE NEXT TO
THE CITY DOCK VIA THE CITY OWNED FREE FLOW WELL. THE HOUSE HAS RECENTLY CHANGED OWNERSHIP AND THE
NEW OWNER WANTS TO MAKE REPAIRS TO CONFORM WITH THE BUILDING CODE BY THIS FALL. MR. MAYER FELT IT
SHOULD BE ON RECORD THAT THE STATE BOARD OF HEALTH REQUIRES A 100' DISTANCE FROM THE SEPTIC TANK
ON COMMERCIAL PROPERTY. THE CITY IS SUPPLYING WATER TO THIS HOUSE THROUGH SOME AGREEMENT MADE
YEARS AGO, BUT THE SEPTIC TANK IS ONLY 46' FROM THE WELL.
472
REGULAR COUNCIL MEETING, APRIL 10, 1978 (CON~T' D~.. 3)
THE RIP RAP ON THE NORTH SIDE OF THE SEBASTIAN DOCK IS VERY LOW AND THE BUILDING OFFICIAL
REQUESTED PERMISSION TO PURCHASE 200 TO 250 BURLAP BAGS AND HAVE THEM FILLED WITH SAND AND
CEMENT TO RAISE THE LEVEL OF THE RIP RAP. MAYOR FLOOD STATED VICE MAYOR GRAY WOULD BE ABLE
TO AUTHORIZE SUCH A PURCHASE WITHOUT GOING THROUGH THE COUNCIL.
473
AFTER THE NORTH APRON OF THE BOAT RAMP IS COMPLETED, THE PROJECT WILL BE READY FOR DEDICATION
AND NECESSARY ARRANGEMENTS WILL BE MADE. THE DOCK AND THE PARK WILL BE DEDICATED IN THE NAME
OF CAPTAIN ROBERT HARDEE, FATHER OF MRS. META CHESSER BOLINGER.
MAYOR FLOOD SUGGESTED THE COMMUNITY CENTER BE DEDICATED IN MEMORY OF ERVIN YATES, PAST VICE MAYOR
AND COUNCILMAN FOR THE CITY OF SEBASTIAN. THIS WILL BE DISCUSSED IN MORE DETAIL AT A LATER TIME.
THE POLICE DEPARTMENT REPORTED 269 COMPLAINTS ANSWERED DURING MARCH, NOT INCLUDING TRAFFIC STOPS.
CHIEF CUMMINS WILL TAKE OVER THE CHAIRMANSHIP OF ST. JUDE'S CHILDREN'S HOSPITAL BIKE-A-THON EARLY
NEXT MONTH. TWO COURSES HAVE BEEN MAPPED OUT IN THE HIGHLANDS FOR THE PARTICIPANTS. HE URGED
THE CITIZENS TO SPONSOR RIDERS BY PLEDGING A 10¢ OR 15¢ CONTRIBUTION TO ST. JUDE HOSPITAL FOR EACH
MILE THEY RIDE.
MR. CANDELET, CHAIRMAN, ZONING AND PLANNING COMMISSION, REPORTED THE COMMISSION, AT ITS REGULAR
MEETING OF MARCH 30, 1978, BY UNANIMOUS VOTE, REJECTED THE APPLICATION FOR SITE PLAN APPROVAL OF
THE GLOBAL PAVING SYSTEMS, iNC. DENIAL WAS BASED ON SECTION X, PARAGRAPH A (12) OF THE CITY
ZONING ORDINANCE.
THE ZONING AND PLANNING COMMISSION TENTATIVELY APPROVED, WITH RESTRICTIONS, THE SITE PLAN REQUEST
FROM ALLIED CONSTRUCTION FOR BUILDING TO BE CONSTRUCTED FOR THE SEBASTIAN AUTO PARTS ON PROPERTY
LOCATED IMMEDIATELY SOUTH OF SEBASTIAN REALTY ON U.S. HIGHWAY #1.
RESIGNATION TO BE EFFECTIVE IMMEDI;iT~_~. MAYOR FL-~OD ~D TO GO ON RECORD THANKING MR. VOTAPKA
FOR HIS INVALUABLE SERVICE TO THE CIgY.~
A LETTER WAS READ FROM GENERAL DEVELOPMENT/,~C~POB~kT~N ADVISING IT WAS NOT NECESSARY FOR THE CITY
TO SUBMIT LETTERS OF REQUEST TO THEM TO ABANOON SI~E2EASEMENTS IN UNITS 11 THROUGH 17, SEBASTIAN
HIGHLANDS. ~
MRS. H. GEIGER, SCHUMANN DRIVE, EXPRESSEL AUER APPRECIATION TO COUNCILMAN JOACHIM, THE POLICE
DEPARTMENT, AND POLICEWOMAN JOAN ALLAN FO~H~RP~OMPT ATTENTION TO HER COMPLAINT ABOUT EXCESS
SPEED ON SCHUMANN DRIVE. MAYOR FLOOD ASKED THAT A COPY OF THE LETTER BE PLACED IN THE PERSONNEL
FILES OF THOSE CONCERNED.
RI A ~------~
ATTO NES T LA~JOH~SON ~--~.~~,~~SENT?NG GIOB~VIN~SSFEMS, INC., REQUESTED
AN APPEAL OF THE~OM~NG A~I~ PI_ANNI~G Op~I~SIO~'~REJE3TION O~ T~EI~i~E PLAN SUBMITTED.
MAYOR FLOOD ADVIS1~D-~fHAT---A-~Y~AS~-NOWU~EEN~AW~STALL~WHit=H W~I-~L ~I~VW--BETTER CONTROL OF THE LIGHTS.
MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN HOOSE, TO ACCEPT THE SEBASTIAN VOLUNTEER FIRE
DEPARTMENT AND AMBULANCE SQUAD AGREEMENT ON THE USE OF FIRE TRUCK #216 AND ITS EQUIPMENT. CARRIED.
THE COUNCIL AUTHORIZED MR. VOCELLE, CITY ATTORNEY, TO CONTACT MRS. GAIL GRAHAM OF THE HUMANE SOCIETY,
VERO BEACH, TO REVIEW HER QUESTIONS CONCERNING THE CITY'S ANIMAL CONTROL ORDINANCE.
WHEN MEMBERS OF THE COUNCIL AND MR. VOCELLE ATTENDED THE FLORIDA LEAGUE OF CITIES MEETING IN
TALLAHASSEE IN FEBRUARY, MAYOR FLOOD AND MR. VOCELLE VISITED THE MUNICIPAL CODE CORPORATION AND
IT WAS MR. VOCELLE'S UNDERSTANDING THAT MR. CARROLL WAS TO MAKE AN OFFICIAL VISIT TO SEBASTIAN
AND THERE WOULD BEAN OPPORTUNITY TO MAKE VARIOUS REVIEWS WITH HIM. IT WAS ALSO UNDERSTOOD THAT
THIS WOULD BE DONE THE FIRST WEEK OF APRIL. APPARENTLY THERE WAS A MISUNDERSTANDING ON MR. CARROLL'S
PART. THEY SENT A LETTER TO THE CITY ASKING IF WE WANTED TO REVISE OUR CITY CHARTER. AT THE TIME
OF THE DISCUSSION AT MUNICIPAL CODE CORPORATION'S OFFICE IN TALLAHASSEE, MR. VOCELLE HAD RECOMMENDED
THAT THE CITY ACCEPT THE NEW CHARTER SUGGESTION.
MOTION BY COUNCILMAN HOOSE, SECONDED BY COUNCILMAN JOACHIM, TO APPROVE THE CHARTER REVISION. CARRIED.
MR. VOCELLE MENTIONED THE FLORIDA LEGISLATURE IS NOW IN SESSION AND FROM AN ECONOMICAL AND PRACTICAL
STANDPOINT, IT WOULD BE TO THE CITY'S BEST INTEREST TO DELAY REVISION OF THE CHARTER UNTIL AFTER
THIS SESSION OF THE LEGISLATURE.
MR. VOCELLE READ THAT SECTION OF THE CITY ORDINANCE REFERRING TO PROCEDURES TO BE FOLLOWED UNDER
SITE PLAN APPROVAL. THE CITY CLERK WAS AUTHORIZED TO ADVERTISE A PUBLIC NOTICE AND A PUBLIC HEARING
WAS SET FOR MAY 1, 1978 AT 7 P.M. AT THE COMMUNITY CENTER. COUNCILMAN GASS SUGGESTED THE HEARING
BE TELECAST ON CHANNEL 7.
MR. VAN DE VOORDE, PRESIDENT, CHAMBER OF COMMERCE, FELT THAT BECAUSE OF THE QUESTION OF DRINKING
WATER IN THE RESTROOMS IN THE NEW CHAMBER BUILDING, A NEW WELL, PROBABLY ON THE NORTH BOUNDARY,
SHOULD BE DRILLED. IT WOULD BE A CITY WELL. THE CHAMBER WOULD MAINTAIN IT AS LONG AS THEY HAVE
THE BUILDING. MR. VOCELLE WAS ASKED TO DRAW UP AN AGREEMENT TO THAT EFFECT.
MOTION BY COUNCILMAN JOACHIM, SECONDED BY VICE MAYOR GRAY, TO DRAW UP AN AGREEMENT WITH THE
CHAMBER OF COMMERCE. CARRIED.
REGULAR COUNCIL MEETING, APRIL 10, 1978 (CONT,'D. 4)
474
MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN GASS, TO ACCEPT THE RESOLUTION ABANDONING
EASEMENT BETWEEN LOTS 14 AND 15, BLOCK 496, UNIT 15, SEBASTIAN HIGHLANDS. CARRIED. (R-78-9)
MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN GASS, TO ACCEPT THE RESOLUTION ABANDONING
EASEMENT BETWEEN LOTS 14 AND 15, BLOCK 172, UNIT 5, SEBASTIAN HIGHLANDS. CARRIED. (R-78-8)
THE ASSISTANT CITY CLERK READ FOR THE FIRST TIME AN ORDINANCE AMENDING CHAPTER 7 OF THE ORDINANCES
OF THE CITY OF SEBASTIAN KNOWN AS THE BUILDING ORDINANCE. (DRAINAGE ORDINANCE).
ROLL CALL VOTE TO ACCEPT THE FIRST READING OF THE ORDINANCE:
AYES:
NAYS:
VICE MAYOR GRAY, COUNCILMEN GASS, JOACHIM AND HOOSE, MAYOR FLOOD.
NONE.
CARRIED.
THE CLERK WAS AUTHORIZED TO SET UP A PUBLIC HEARING AT 7P.M. ON MAY 3, 1978, PRIOR TO THE WORKSHOP MEETING.
MR. VOCELLE REFERRED TO A LETTER FROM GENERAL DEVELOPMENT CORPORATION WHEREIN THE CITY COUNCIL WAS
ASKED TO ADOPT AN ORDINANCE FOR THE ENFORCEMENT OF GDC DEED RESTRICTIONS. IT WAS MR. VOCELLE'S
OPINION THAT THIS WOULD NOT BE IN THE BEST INTEREST OF THE CITY TO DO SO. EACH SUBDIVISION HAS
ITS OWN REGULATIONS AND DEEDRESTRICTIONS. HE FELT THIS WAS A CONTRACTUAL MATTER BETWEEN THE OWNER
OF THE PROPERTY AND THE DEVELOPER. MAYOR FLOOD AGREED.
MOTION BY COUNCILMAN HOOSE, SECONDED BY COUNCILMAN JOACHIM, TO AUTHORIZE MR. VOCELLE TO WRITE A
LETTER TO GENERAL DEVELOPMENT CORPORATION THAT THE COUNCIL DOES NOT DESIRE TO ENFORCE THEIR DEED
RESTRICTIONS BY CiTY ORDINANCE. CARRIED.
COUNCILMAN JOACHIM STATED THERE IS A STRONG NEED FOR AUXILIARY POLICE FORCE IN THE CITY AND WOULD
LIKE TO BRING THE MATTER BEFORE THE~CIL~'F~I~'E~ON. ONE OF THE QUESTIONS BROUGHT UP
AT THE LAST MEETING WAS INSURANCE TH --CAr G OF
H~ NO OBJECTIONS TO INSURING THE ;.UXILI~Y POLICF ~ ~N~ AS THEY HAVE NO~ST AUTHORITY. ~
TO THE FIRE,S, THEY WILL HA~ THF ~A~W~NT OF T~NG ~ REGU~R POLICEMEN. MR. VOCELLE
DEP~TMENT . NO AUXILI~Y POLICEM~O~ HA~ THE ~ER OF ARREST ~D ANY SEARCH OR SEIZU~
SHALL BE CONDUCTED BY A REGU~R POLICE OFFICER." MR. VOCELLE SAID HE DID NOT THINK THEY WOULD BE
COVE~D UNDER THE INSU~NCE POLICY IF THE~E ~ED TO PARTICIPATE IN SE~CH OR SEIZURE.
A~ CO~D IF THEY A~ ACTING UNDER THE DIR~C_ION~F A SWO~ OFFICER. CHIEF CUMMINS SAID IT IS
PROPOSED TO FU~ISH EACH MAN WITH ONE UNIF~M, TRE~DiVIDUAL PAYING FOR ALL OTHER EQUIPMENT.
COMPLETION OF T~INING WOULD BE NO GUARANT~ OF ACCEPTANCE AND ALL YEARLY ~-QUALIFICATION WOULD
SE M~ND~TE. EACH ONE WOS~D SER~ ~ SIX M~PR~ATIONaRY ~ERIOD.
MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILMAN HOOSE, TO APPROVE AUXI~
TO THEIR CITY ATTORNEY.
;IARYMEN TO THE SEBASTIAN
ITT THAT PROPERTY OWNERS
~.~HE$ IN SEBASTIAN HIGH-
. ~OCSLLE SAID THE CITY
~-A~--QPPORTUNITY TO TALK
COUNCILMAN GASS PROPOSED A MOTION TO THE EFFECT THAT A POLICE OFFICER SHOULD BE PRESENT AT'ALL
MEETINGS OF THE CITY COUNCIL, THE ZONING AND PLANNING COMMISSION AND THE ADJUSTMENT BOARD. HE
FELT THIS WAS IMPORTANT BECAUSE OF VARIOUS EVENTS THAT HAVE TAKEN PLACE RECENTLY. MR. CANDELET,
WHEN QUESTIONED, DID NOT FEEL IT NECESSARY TO HAVE SUCH PROTECTION AT THE ZONING AND PLANNING
COMMISSION MEETINGS. MAYOR FLOOD COMMENTED THAT FROM WHAT HE HAS READ AND HEARD ABOUT SOME OF
THE HAPPENINGS AT PAST MEETINGS, THAT PERHAPS WE DO NEED AN OFFICER WHEN PEOPLE START SPITTING ON
PEOPLE AND START ACTING LIKE A MOB. CHIEF CUMMINS SAID WHEN A CONTROVERSIAL SUBJECT COMES UP, IT
IS KNOWN ABOUT BEFORE A MEETING AND A REQUEST A DAY OR TWO AHEAD OF TIME WILL ASSURE AN OFFICER
BEING PRESENT, BUT HE SAID THERE WAS NO POINT IN HAVING AN OFFICER PRESENT AT SOME MEETINGS WHEN
THERE IS NOBODY IN THE AUDIENCE. CHIEF CUMMINS ADDED THAT THERE IS A STATUTE ON THE BOOKS ABOUT
DISTURBING LAWFUL ASSEMBLIES - IT IS A MISDEMEANOR OF THE SECOND DEGREE.
COUNCILMAN GASS AMENDED HIS PROPOSED MOTION TO: "UPON THE REQUEST OF THE MAYOR OR THE COMMITTEE
CHAIRMAN, A POLICE OFFICER WILL BE PRESENT AT MEETINGS OF THE CITY COUNCIL, THE ZONING AND PLANNING
COMMISSION, AND THE ADJUSTMENT BOARD." SECONDED BY COUNCILMAN HOOSE. CARRIED.
COUNCILMAN GASS MADE A MOTION THAT THE CITY HIRE THE SERVICES OF AN INDEPENDENT HIGHWAY ENGINEER
TO CHECK ANY AND ALL PAVEDAND SURFACED ROADS TO INSURE THAT THE ROADS MEET THE SPECIFICATIONS AS
SET FORTH BY THE CITY, SUCH INSPECTIONS TO BE CERTIFIED BY THE HIGHWAY ENGINEER BEFORE THE ROADS
ARE TRANSFERRED TO AND BECOME THE RESPONSIBILITY OF THE CITY. VICE MAYOR GRAY SUGGESTED BEFORE
ENTERING INTO AN AGREEMENT WITH GENERAL DEVELOPMENT CORPORATION HE HAD BROUGHT SIMILAR SAMPLES
TO THE COUNCIL FROM IN FRONT OF HiS HOUSE ON A ROAD THAT HAD ALREADY BEEN ACCEPTED. MR. VOCELLE
SAID HE THOUGHT THE AGREEMENT STIPULATED THAT THEY WOULD ACCEPT AND BRING UP TO STANDARDS THAT
EXISTED AT THE TIME THE ROADS WERE CONSTRUCTED, SO WHATEVER THE ORDINANCE SAID, 1" OR 3", THAT
IS ALL THEY HAD TO BRING IT UP TO. ASPHALT SAMPLES DISPLAYED ON THE TABLE WERE BROUGHT IN FROM
AN AREA THAT WAS TESTED BY THE PITTSBURGH TESTING LABORATORY, AND IS ONE OF THE AREAS ACCEPTED
BY THE CITY WITH A THREE YEAR MAINTENANCE AGREEMENT. THIS IS ALSO THE AREA WHERE ABOUT $5,000.
WAS SPENT IN ENGINEERING FEES, WHERE THE CiTY ENGINEER MADE SITE PLAN INSPECTION AT RANDOM AND
MADE BORING TESTS. MAYOR FLOOD STATED THERE ARE OTHER AREAS JUST AS BAD THAT HAVE NOT YET BEEN
ACCEPTED.
475
REGULAR COUNCIL MEETING, APRIL 10, 1978 (CONT'D. 5)
MR. VOCELLE SUGGESTED THAT COUNCILMAN GASS, AS CHAIRMAN OF THE STREET COMMITTEE, MAYOR FLOOD AND
THE CITY ENGINEER SHOULD MEET TO FIND OUT THE REASON THIS HAPPENED, IN FACE OF THE CITY ENGINEER'S
INSPECTION. AS A COURTESY TO MR. LLOYD, MR. VOCELLE THOUGHT IT WISE TO MEET WITH HIM. VICE MAYOR
GRAY SAID HE WOULD LIKE TO SEE A MOTION NOT TO ACCEPT ANY MORE STREETS UNTIL WE HAVE SOME KIND OF
AUTHORITY COME IN AND TELL US WHAT WE'RE GETTING. MAYOR FLOOD AGREED WITH MR. VOCELLE THAT THERE
SHOULD BE A MEETING WITH MR. LLOYD AND HE WILL ARRANGE SUCH A MEETING AND IT WILL BE OPEN TO THE
PUBLIC. IF NECESSARY, A SPECIAL COUNCIL MEETING CAN BE CALLED LATER TO DISCUSS THIS. COUNCILMAN
GASS WITHDREW HIS MOTION.
ViCE MAYOR GRAY SAID HE HAD READ AN ARTICLE IN THE PAPER TO THE EFFECT THAT S.R. #512 IS GOING TO
GO INTO COUNTY MAINTENANCE. MAYOR FLOOD SAID HE HAD TALKED TO DEPARTMENT OF TRANSPORTATION AND THE
COUNTY TOLD THEM THEY WOULD NOT ACCEPT ANY ROADS UNDER ANY CIRCUMSTANCES UNLESS THEY DO THE WORK.
AFTER SOME DISCUSSION THAT IT WOULD NOT BE IN THE CITY'S INTEREST FOR THE COUNTY TO HAVE TO MAIN-
TAIN THE ROADS, VICE MAYOR GRAY MADE A MOTION, SECONDED BY COUNCILMAN HOOSE, TO AUTHORIZE THE MAYOR
TO WRITE WHATEVER LETTERS ARE DEEMED NECESSARY TO THE COUNTY COMMISSION OR THE' STATE, TO ASSIST IN
WHATEVER THE COUNTY THINKS NECESSARY FOR THE CITY TO FIGHT TO KEEP THE STATE IMPROVING OUR ROADS. CARRIED.
COUNCILMAN HOOSE SUGGESTED THAT "NO PARKING" SIGNS SHOULD BE ERECTED IN THE PARK ADJACENT TO THE
BOAT DOCK AND RAMP SO THAT PEOPLE WILL PARK IN THE PROPER PLACE. THE STREET DEPARTMENT WILL TAKE
CARE OF THIS.
MR. CLARENDON COMMENTED THAT MANY CITIZENS ARE UNINFORMED ABOUT HOW TO CONTACT THE FIRE DEPARTMENT
AND THE AMBULANCE SQUAD AND HOW THEY OPERATE. COUNCILMAN HOOSE SHOWED MR. CLARENDON A PAMPHLET
WHICH THE CITY HAS PREPARED WITH THE INFORMATION HE WAS ASKING ABOUT.
MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN HOOSE, TO ALLOW THE USE OF ALCOHOLIC BEVERAGES
AT THE COMMUNITY CENTER ON APRIL 15 BY MEMBERS OF THE INDIAN RIVER COUNTY BOWLING ASSOCIATION. CARRIED.
STANDING THAT THERE WAS GOING TO BF ]. SPECEAL M~_ETING ~N ~PRIL 11 AND HE WILL BE UNABLE TO ATTEND
THE APRIL 13 MEETING. TH~ MEETING Wt~E RESC~E~ULED r7 ONE DAY NEXT WEEK.
THE MEETING WAS ADJOURNED AT 10 P.M.~J -- -- ~
CITY CLERK
MAYOR