HomeMy WebLinkAbout05171977SPECIAL MEETING-MAY 17, 1977
MAYOR CRAGG CALLED THE MEETING TO ORDER AT 7 P.M. TO DISCUSS THE ACCEPTANCE OF ROADS AND
DRAINAGE IN UNITS 2 & 3 OF SEBASTIAN HIGHLANDS, AND TO DESIGNATE AN ADDITIONAL PICNIC AREA AT
THE LAKE PARK.
PRESENT: VICE MAYOR GRAY, COUNCILMAN CLIFFORD HOOSE, JOHN R. JOACHIM AND EVERETT T. GASS, AND
MAYOR CRAGG.
THE SUBJECT OF ACCEPTANCE OF UNITS 2 & 3 WAS DISCUSSED AT THE REGULAR MEETING ON MAY 9th, AND
MAYOR CRAGG APOLOGIZED FOR NOT HAVING IT PLACED ON THE AGENDA AT THE WORKSHOP MEETING, IT WAS
AN OVERSIGHT. HE DID, HOWEVER, PLACE IT ON THE AGENDA BEFORE 4 P.M. FRIDAY, WHICH IS PERMISSIBLE.
MAYOR CRAGG REFERRED TO MR. LLOYD'S LETTER TO THE COUNCIL IN WHICH HE FOUND BOTH UNITS ACCEPTABLE,
SUBJECT TO THE FOLLOWING PROVISOS: (1) THAT THE DRAINAGE IN THE AREA OF BENSCHOP STREET IS NOT
ACCEPTABLE AND THE DEVELOPER HAS 180 DAYS FROM APRIL 22, 1977 TO PUT IT IN PROPER CONDITION FOR
AN INSPECTION, (2) THAT IN THE AREA OF LAYPORT DRIVE AND LAWSON AVENUE, THE DEEP DITCH WITHIN
THE RIGHT-OF-WAY DICTATES THAT THERE BE A NARROW SHOULDER WHICH, IN MR. LLOYD'S PROFESSIONAL
OPINION, CONSTITUTES A ROAD HAZARD, AND (3) THE QUESTION OF THE PLACEMENT OF THE PRMs (PERMANENT
REFERENCE MARKS) TO BE RESOLVED BY MR. LLOYD AND MR. MILLER.
REFERRING TO ITEM (2) ABOVE, MAYOR CRAGG STATED THAT REFLECTORS HAD BEEN PLACED ABOUT 4 OR 5
FEET APART FROM THE CURVE OF THE ROAD TO THE AREA OF THE FIRST SHOULDER. THIS IS THE DECISION
MADE BY GDC AND MR. LLOYD, CITY ENGINEER, ADVISED MAYOR CRAGG THAT THIS WAS ACCEPTABLE TO HIM.
GDC HAD PLACED THE REFLECTORS SO NO CAR COULD GET THROUGH, OR EVEN TRY TO GET THRU, THEM. THEY
REFLECT AT NIGHT AND STAND OUT VERY WELL DURING THE DAYTIME. MAYOR CRAGG ENTERTAINED A MOTION
TO ACCEPT UNITS 2 & 3, UNLESS THERE WAS SOME FURTHER DISCUSSION.
UNITS 2 & 3, SEBASTIAN HIGHLANDS, WrT~ THE SZIPULArED P~O~ISOS IN MR. LLOYD'S LETTER OF
AM~3I;z;~;G~i7~' ADMEM~;;S~; ;~ET~;D;;']~RE~STE~rO KN~, BEFORE A VOTE WAS TAKEN BY THE COUNCIL
MAYOR CRAGG REPLIED HE COULD NOT ANSWER THAN THE FACT THAT IF IT .AD BEEN
ACCEPTED BY THE CITY AND THE CITY ENGINEER, hE KNOW
~R. SZSLUG~ STATED SS ~SOU~ST TSS CIT~ SN~IU~ ~ULD ~S ~RSSSNT TO ANSWER CERtaIN QUESTIONS
T~a~ MIGHT SS PRESENTED TO HIM, PSRSONaLL~(~ SZEL~) SSLT ~HSRE aRS OT~ER STREETS IN
UNiT 2 WHrCS ~RS JUS~ ~S DANGEROUS aS ~WSON STREET AND SS DSSISD aNYONE TO DRAYS
THOSE STREETS AND STILL REMAIN UPRIGHT. HE WANTED TO KNOW WHAT THE SHOULDER REQUIREMENTS ARE,
HOW BIG A SHOULDCU~ ~.__ ~ _~OF~ST~ ~,~A~CTI~NO SHOULDER AT ALL.
INTO CONSIDERATION MORE FACTS BEFORE ACCEPTING SOMETHING JUST BECAUSE OF A DEADLINE. HE FELT
THERE ARE STREETS IN UNiT 2 WHICH ARE JUST AS DANGEROUS AS THE ONE WITH THE REFLECTORS ON IT.
HE SAID HE WAS NOT ONLY TALKING ABOUT LAWSON STREET, BUT ERVIN STREET SOUTH, VICKERS STREET
SOUTH, COLLINS STREET SOUTH, AND PORTIONS OF LAYPORT STREET. HE FELT IT IS A DANGEROUS
CONDITION AND TO HIM IT APPEARS THERE ARE CERTAIN INDIVIDUALS IN THIS PARTICULAR TOWN WHO ARE
TRYING TO MAKE THIS COUNCIL A KANGAROO COURT.
MAYOR CRAGG INTERJECTED THAT HE TOOK EXCEPTION TO MR. SZELUGA'S COMMENT AND ASKED THAT HE NOT
MAKE SUCH REMARKS. WHEN ASKED BY MAYOR CRAGG WHY HE, MR. SZELUGA, DID NOT BRING THIS UP AT
THE COUNCIL MEETING ON MONDAY NIGHT WHEN THE CITY ENGINEER AND CITY ATTORNEY WERE PRESENT-AS
IT WAS ON THE AGENDA-AND THERE WERE 15 MINUTES BEFORE AND AFTER THE MEETING FOR MEMBERS OF THE
PUBLIC TO COMMENT.
MR. SZELUGA SAID HE HAD BEEN INFORMED THERE WAS TO BE NO ACTION TAKEN ON THE MATTER THAT NIGHT SO
HE DECIDEDTO FORGET IT UNTIL LATER. HE SAID HE WOULD STILL STAND ON THE BASIS THAT THESE STREETS:
ERVIN, VICKERS, COLLINS AND PORTIONS OF LAYPORT, ARE DANGEROUS AND HE WOULD PROVE ITIF HE HAD TO.
HE WILL DRIVE HIS CAR OFF THE ROAD AND IF HE CAN GET THE CAR OUT OF THE DITCH, HE WILL RESCIND
ALL HIS STATEMENTS. THEREFORE, HE IMPLORED THE COUNCIL TO REVIEW THE MATTER FURTHER BEFORE MAKING
ANY DECISION TO ACCEPT UNITS 2 & 3.
MR. FLOOD SPOKE'OF ACTION THAT HAD BEEN TAKEN SOMETIME AGO WHEN HE WAS ON THE COUNCIL-IN OCTOBER
OR NOVEMBER, 1975-WHEN VICKERS STREET WAS CLOSED BECAUSE OF THE DANGEROUS SITUATION. AT THAT TIME,
THE CITY ENGINEER MADE THE STATEMENT HE WANTED 8' SHOULDERS ON VICKERS STREET BEFORE HE WOULD
ACCEPT IT, BUT ALL OF A SUDDEN THE CITY HAS ACCEPTED THE WHOLE THING. WHAT ABOUT THE 8'SHOULDERS,
WHAT HAPPENED TO THAT IDEA? MR. FLOOD AGREED WITH MR. SZELUGA THAT THE ROADS IN QUESTION ARE
DANGEROUS TO THE PUBLIC. WHEN HE TALKED TO MR. LLOYD ABOUT THE CORE SAMPLINGS HE WAS MAKING,
MR. LLOYD TOLD HIM THAT HE WOULD NOT HAVE TO ACCEPT THE STUFF FOR A LONG TIME, YET ALL OF A
SUDDEN THE CITY IS ACCEPTING THEM, AND HE DID NOT KNOW WHAT WAS GOING ON.
MAYOR CRAGG SAID HE DID NOT KNOW WHAT MR. FLOOD MEANT BY "WHAT WAS GOING ON." THERE WAS NOTHING
"GOING ON." THE GDC ENGINEER AND CITY ENGINEER AGREED THAT CERTAIN THINGS HAD TO BE DONE, THEY
HAVE BEEN DONE, AND THIS IS THE RESULT OF IT. AS FAR AS THE 8' SHOULDERS ARE CONCERNED, MR. LLOYD
SPECIAL MEETING-MAY 17, 1977 (CONT'D)
REDUCED THAT TO 4' MR. FLOOD STATED HE HAD ATTENDED MANY MEETINGS, BUT HAD NEVER HEARD THIS
BEING DISCUSSED; WAS THE DECISION MADE AT AN OPEN MEETING? MAYOR CRAGG REPLIED THAT IT WAS NOT.
MR. FLOOD FELT THAT IT SHOULD HAVE BEEN BROUGHT TO THE .PUBLIC'S ATTENTION AS IT IS PUBLIC
BUSINESS.
COUNCILMAN HOOSE ASKED MR. BEFAN IF, IN HIS OPINION, WHAT MR. SZELUGA AND MR. FLOOD SAID ABOUT
THESE STREET IS TRUE. MR. BEVAN REPLIED HE DID NOT THINK ANYTHING THESE GENTLEMEN HAD SAID
WAS TRUE. GDC REPRESENTATIVES ACCOMPANIED MR. LLOYD ON EACH INSPECTION HE MADE AND HE HAS MADE
THREE INSPECTIONS OF UNITS 2& 3. MR. BEVAN ALSO SAID THAT THE WORK RELEASES THAT HAVE BEEN
ISSUED TO DATE REPRESENTING RECONSTRUCTION OR CORRECTIVE WORK TO SATISFY THE CITY, AMOUNTS
TO SOMETHING LIKE A QUARTER OF A MILLION DOLLARS. IT WAS HIS OPINION THAT GDC HAS DONE EVERY-
THING THEY CAN TO SATISFY THE CITY TO THE LETTER OF THE AGREEMENT.
MR. SZELUGA ASKED MR. BEVAN IF HE FELT HE COULD TAKE AN AUTOMOBILE, i.e., A 1971 PONTIAC
BONNEVILLE, AND DRIVE IT OFF VICKERS STREET SO THE WHEEL IS OFF THE ROAD AND HAVE THE CAR STAND
UPRIGHT AND CAPABLE OF GETTING OUT OF THE DITCH? DID HE FEEL THAT POSITION iS SAFE FOR ANY
INDIVIDUAL TO PERFORM?
MR. BEVAN REPLIED HE WAS NOT AN ENGINEER, THEREFORE, HE HAS NOT TRIED TO MAKE ANY CALCULATIONS
TO DETERMINE WHETHER A CAR COULD STAND UPRIGHT IF IT WERE DRIVEN OFF THE STREET ON VECKERS
AVENUE, BUT USING GOOD COMMON SENSE, AND KNOWING THE ANGLE OF THE CUT, HE BELIEVED THE CAR
WOULD REMAIN UPRIGHT WITHOUT ANY PROBLEMS AND THAT IT COULD BE DRIVEN OFF. MR. BEVAN REMARKED
THAT THE DEDICATED RIGHT-OF-WAY IS THERE AND THERE ARE ONLY SO MANY FEET TO WORK WITHIN. YES,
IT HAS HIS OPINION THAT THE STREET IS SAFE ENOUGH TO DRIVE A CAR OFF THE ROAD WITHOUT TURNING
CAR ONE OF THOSE STREETS TO SEE WA - I __H WOULD O0 IT TOMORROW WITH WITNESSES.
MRS. WOLERT ASKED TO SPEAK NEXT IM~LCRING THE C6~JNCIL 40' ~TUDY THE SITUATION FURTHER BEFORE
MAYOR CRAGG ADDRESSED THE COUNCIL S~G '~tAT ~HA CITY]_~TTORNEY HAS iNFORMED HIM, AS WELL AS
OTHER PEOPLE, THAT THE CONTRACT IN QUESTION IS A BINDING ONE. IF THE CONTRACT IS BROKEN IN
ANY WAY IT WILL GO DOWN THE DRAIN. MR. FLOOD WAS TALKING ABOUT THE THOUSANDS OF DOLLARS IT WOULD
WE
WOULD
THEN
HAVE
AGOUT
TEN
MORE
UNITS
TO ACCEPT. IT GDC WENT TO COURT AND WON, IT,~WOULD~COST~__ THE CITY A HALF MILLION TO A MILLION
THE AGREEMENT WITH GDC REQUIRES THEM TO TAKE CARE ~FTHE ROADS AND DRAINAGE FOR THREE YEARS.
IS n LOT OF TALK GOING ON BY A CERT~I~G~ROUP~ OF PEOPLE WHO ARE TRYING TO CONVINUE THE
THERE
COUNCIL THAT GDC IS NOT DOING ITS JOB. MR.~-~EVAN--HAS EXPLAINED HOW GDC FEELS ABOUT IT, THE
CITY ENGINEER HAS ACCEPTED IT, AND THE CITY HAS TO LIVE UP TO THE CONTRACT OR THROW IT OUT THE
THE NEXT ITEM ON THE AGEND~ WAS THE MATTER OF DESIGNATING PICNIC AREAS AT THE LAKE PARK. A
COMPLAINT HAS BEEN RECEIVED ABOUT PEOPLE PICNICKING IN AN AREA NOT DESIGNATED AS A PICNIC AREA.
AFTER INPUTS FROM SEVERAL MEMBERS OF THE AUDIENCE, WAYNE FELTHOUSER, MICHAEL KENNEY, JOE WAR,
jOHN KEYES AND MRS. WOLERT, COUNCILMAN HOOSE MOVED THAT ADDITIONAL PICNIC TABLES BE MADE AND
PLACED AROUND THE LAKE AND A PARKING AREA DESIGNATED ON THE OTHER SIDE OF THE LAKE. SECONDED
BY COUNCILMAN GASS.
VICE MAYOR GRAY ASKED COUNCILMAN HOOSE TO RESCIND THE MOTION AND LET THE RECREATION
COMMITTEE LOOK INTO THE MATTER FURTHER. IT WILL BE DISCUSSED AT THE NEXT WORKSHOP MEETING AND
IF ANY OFFICIAL ACTION HAS TO BE TAKEN, IT CAN BE DONE AT THE REGULAR MEETING. THE MOTION BY
COUNCILMAN HOOSE WAS WITHDRAWN.
MEETING ADJOURNED AT 7:55 P.M.
CITY CLERK
MAYOR