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07091979
COUNCIL MEETING - JULY 9, 1979 MEETING WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P. M. PRESENT: COUNCILMEN EVERETT T. GASS AND J. RANDY JOACHIM, COUNCILWOMAN DOROTHY W. MC KINLEY, MAYOR PAT FLOOD, JR., AND MR. L. B. VOCELLE, CITY ATTORNEY. ABSENT: VICE MAYOR LEWIS GRAY (VACATION). MAYOR FLOOD PRESENTED TO MR. RICHARD SZELUGA A FRAMED RESOLUTION EXPRESSING THE CITY COUNCIL'S APPRECIATION AND THANKS FOR THE TIME AND EFFORT SPENT BY MR. SZELUGA IN FURNISHING VIDEO TAPES, AT NO COST TO THE CITY, DEPICTING THE CONDITION OF THE DITCHES, CANALS AND ROADS WITHIN THE CITY OF SEBASTIAN. MAYOR FLOOD PRESENTED AN AWARD TO MRS. GLORIA GEARHART AND INDIVIDUAL TROPHIES TO HER GROUP, KNOWN AS GLORIA'S GIRLS, FOR THEIR FINE PERFORMANCE OF BATON DRILLING AT OUR FOURTH OF JULY CELEBRATION. MAYOR FLOOD PRESENTED TO MR. GROVER FLETCHER A PLAQUE FOR HIS GROUP OF BICYCLERS AS THE BEST MARCHING UNIT IN OUR FOURTH OF JULY PARADE. THE CITY CLERK READ A LETTER FROM MR. JOHN MOORE REQUESTING THE ANNEXATION OF APPROXIMATELY 38 ACRES NORTH OF SEBASTIAN CITY LIMITS, DESCRIPTION AS FOLLOWS: LOTS 21, 22, 23, 24, 25 OF BLOCKS 53, 56, 57, 60 AND THOSE PARTS OF BLOCKS 54, 55, 58, 59 LYING EAST OF THE FLORIDA EAST COAST RAILWAY, WAUREGAN SUBDIVISION, ACCORDING TO THE PLAT FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF BREVARD COUNTY, FLORIDA, IN PLAT BOOK 1 PAGE 75; AND REFILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 1, PAGES 178 AND 179: SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. MR. MOORE STATED HE PROPOSED TO DEVELOP A PROFESSIONAL, RETAIL, AND MULTIPLE-FAMILY COMPLEX. MAYOR FLOOD STATED THE iONING AND PLANNING BOARD NEEDS A LETTER,ROM MR. MOORE AND THEY WILL BE THE PEOPLE TO RECOMMEND TO THE CITY ~ILL GET TOGETHER TO DISCUSS THE PREPARAT£C~OF THE ORDINA~C~ ~F ANNEXATION. A $100 DEPOSIT iS REQUIRED AND THE NAMES OF ALL PARTIES INVOLVED. MOTION BY COUNCILMAN JOACHIM, SECONDED ~O~NfILMAN GASS, ~OIGIVE THE CITY ATTORNEY AUTHORIZATION TO PREPARE a NON-EMERGENCY ORDINANCE TO AMEND THE MfR~ PATTPERT1--'AND RETrEFINE THE BOUNDARIES. ROLL CALL VOTE: AYES: COUNCILMAN GAS/9'~ " " JO~Cm~ ' r] COUNC%LWOMAN MC K_INELY L~ MAYOR FLOOD ~ MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN GASSo .T_Q_APPROVE THE MIIqU~TE~_OF PUBLIC HEARING JUNE 11, C~RRIED. g MR. RICHARD SZELUGA A~TH~T~Y ~RN~3WH~HER~RESOL~ION ~D~E~-~RE~'~ OUTLINING THE POWERS AND DUTIES OF THE STANDING COMMITTEES. MR. VOCELLE REPLIED THAT HE HAD NOT AND TOOK FULL RESPONSIBILITY FOR IT. COUNCILMAN JOACHIM HAS BEEN APPOINTED BY MAYOR FLOOD TO CHAIR A COMMITTEE TO PREPARE THIS RESOLUTION. MR. WALTER CANDELET INFORMED THE COUNCIL THAT MR. CHARLES GAAL, JR., VALENCIA STREET, ORANGE HEIGHTS, HAS BEEN AN EFFORT TO CLEAN THE RUBBISH FROM HIS PROPERTY, BUT WAS CONCERNED ABOUT WHAT WOULD HAPPEN AFTER HE INSPECTION, AS FAR AS KEEPING THE PROPERTY CLEAN. MAYOR FLOOD ADVISED THAT IF HE DID NOT, WE WOULD ~UST GO THROUGH THE SAME PROCEDURE AGAIN. MAYOR FLOOD ADDED THAT MR. GAAL COMPLAINED THAT HE WAS BEING ;SED BY THE RESIDENTS OF ORANGE HEIGHTS AND ADVISED MR. CANDELET THAT MR. GAAL HAS THE RIGHT TO CALL THE POLICE IF ANYONE TRESPASSED ON HIS PROPERTY. COUNCILMAN JOACHIM MADE THE FOLLOWING ANNOUNCEMENTS: THE AUXILLARY POLICE WERE USED FOR THE FIRST TIME IN CONTROLLING THE TRAFFIC AND MONITORING CROWDS ON JULY 4 AND ~HEY DID A TREMENDOUS JOB. THE SPRINKLER SYSTEM AT THE CEMETERY IS NOW IN GOOD WORKING ORDER. NEW BRICK PILLARS HAVE BEEN INSTALLED AT THE CEMETERY ON ROUTE 1 AND PLAQUES HAVE BEEN ATTACHED THERETO. HE THANKED ALL THOSE WHO DONATED THEIR TIME IN THE OPERATION OF THE BOOTHS ON THE FOURTH OF JULY. THEIR UNTIRING EFFORTS TO OBTAIN NECESSARY FUNDS FOR THE IMPROVEMENT OP THE CF~ETERY IS GREATLY APPRECIATED. FOR THE FIRST QUARTER, AFTER ALL EXPENSES WERE PAID, THE CEMETERY BEAUTIFI- CATION COMMITTEE AND THE LION'S CLUB EACH RECEIVED $1,500 FROM THE BINGO GAMES. THE LION'S ARE INTENDING TO USE THEIR MONEY TO IMPROVE THE CITY IN SOME OUTSTANDING FEATURE. THE BUILDING DEPARTMENT ISSUED 27 SINGLE FAMILY HOUSING PERMITS VALUED AT $737,600, DURING JUNE AND TOTAL NEW CONSTRUCTION FOR THE MONTH AMOUNTED TO $4,871.60. TOTAL CONSTRUCTION TO DATE IS $7,110,507 AND TOTAL PERMIT FEES AMOUNT TO $37,885.77. DALE WEHR REPORTED THAT THE STREET DEPARTMENT SPENT A TOTAL OF 1118 HOURS, (19% SPENT IN ASPHALT PAVING AND PATCHING.) A TOTAL OF $4,400 WAS SPENT FOR ASPHALT AND A NEW RIDING MOWER, (MOWER WAS $3,000 AND ASPHALT $1,400.) DURING THE MONTH OF JUNE THERE WERE 227 COMPLAINTS ANSWERED BY THE POLICE DEPARTMENT, NOT INCLUDING TRAFFIC STOPS. CAPTAIN JOHN MELTION STATED THAT CHIEF CUMMINS ASKED HIM TO PASS ALONG A WORD OF THANKS TO THE MAYOR, MRS. PHELAN, DALE WEHR'S CREW AND ARTHUR MAYER FOR THE HELP THEY GOT ON JULY 4. lETTER WAS READ FROM MR. LOUIS PRIORE, CHAIRMAN, VARIANCE BOARD, ADVISING THAT ON JUNE 13 THE VARIANCE BOARD ONSIDERED THE REQUEST OF MR. ELLIOTT KEPPLER FOR A VARIANCE ON THE SETBACK ON LOT 18 AND 19, RIVER'S EDGE UBDIVISION, AND GRANTED THE REQUEST WITH THE STIPULATION THAT A PRECEDENT NOT BE SET FOR THIS TYPE OF CASE. LETTER WAS READ FROM MRS. BALNICKI THANKING THE COUNCIL AND COUNCILMAN GASS FOR INSTALLING A STREET LIGHT NEAR REGULAR COUNCIL MEETING - JULY 9, 1979 PAGE 2 HER HOME ON NORTH CENTRAL AVENUE. LETTER WAS READ FROM MR. CHARLES REPP THANKING DALE WEHR AND THE MEN OF THE STREET DEPARTMENT FOR CLEARING OUT THE DRAINAGE DITCH BEHIND HIS HOME ON TOLEDO STREET. MR. VOCELLE READ A LETTER FROM ATTORNEY ROBERT JACKSON PERTAINING TO HIS CLIENT, BRIAN J. NOLAN, WHO WAS IN AN ACCIDENT AT THE INTERSECTION OF S.R. 512 AND EASY STREET. MR. JACKSON CLAIMED NEGLIGENCE ON THE PART' OF THE CITY FOR FAILURE TO PROVIDE A STOP SIGN AND REQUESTED DAMAGES IN THE AMOUNT OF $2,000 FOR MR. NOLEN'S CAR. CAPTAIN MELTON ADVISED THAT HE CITED MR. NOLEN FOR VIOLATION OF RIGHT-OF-WAY ENTERING INTO THE HIGHWAY, BUT THE JUDGE DISMISSED THE CASE BECAUSE OF FAILURE OF THE DEFENDANT AND A WITNESS TO APPEAR. MR. VOCELLE STATED HE BELIEVED THIS CLAIM WAS EXCESSIVE BECAUSE THE BLUE BOOK QUOTES THE RETAIL VALUE OF THE CAR WOULD BE $1,700 IF IT WERE IN A-ONE SHAPE, AND HE WOULD SO ADVISE OUR INSURANCE CARRIER. MOTION BY COUNCILWOMAN MC KINLEY, SECONDED BY COUNCILMAN JOACHIM, TO ACCEPT THE BID OF MC CAIN SALES OF FLORIDA, INC., FOR STOP SIGNS AND POSTS. CARRIED. MAYOR FLOOD STATED THAT WE HAVE PURCHASED 300 STOP SIGNS, BUT WE ACTUALLY NEED APPROXIMATELY 3,000, AND HE iS GOING TO APPROACH GENRRAL DEVELOPMENT CORPORATION TO SEE IF THEY WILL HELP US TO PURCHASE THESE SIGNS, WHICH WE ARE REQUIRED TO ERECT ACCORDING TO FLORIDA STATE LAW. MAYOR FLOOD SUGGESTED THAT IT MIGHT BE A GOOD IDEA TO AMEND OUR SUBDIVISION ORDINANCE TO REQUIRE THAT BEFORE ANY LAND IS ANNEXED, ALL NECESSARY STOP SIGNS FOR THE AREA WOULD BE ERECTED. FLOOD ANNOUNCED THAT REPRESENTATIVE J~LE PATCHETT WILL APPEAR AT THE COMMUNITY CENTER TO DISCUSS AREA [ME OF THE MEETING WILL BE PUBLICIZED IN TI~ NEW~PAP'E~S. \ ¥/ \ ! MAYOR FLOOD STATED THAT HE HAD HEARD a ~UFO~--~HAT A i~E~ITIONI~AS CIRCULATING WITH REGARD TO INSTALLING A FLOATING DOCK AT THE SEBASTIAN SOCIAL CE~%"t~R~ HE ADVISED TH~ THIS TYPE OF DOCK HAD BEEN THOROUGHLY INVESTIGATED AND IT WAS DECIDED THAT IT WAS NOT FEASIBL~. AD~rERTi~S~E-MENTS-FOR BIDS ON THE PILINGS WILL APPEAR IN THE PAPER NEXT WEEK. MOTION BY COUNCILMAN GASS, SECONDED BY COUNCIL~'~AACH~, TO PERMIT THE SEBASTIAN SINGERS FREE USE OF THE COMMUNITY CENTER. MOTION BY COUNCILMAN GASS, SECONDED BY COUNCIL.VlA~ v ~ __JOACHSM, TO OPEN FOR DISCUSSION THE QUESTION OF THE SEBASTIAN SINGERS. THE QUESTION CENTERED AROU~L_.H~Nii~H'SUPPORT THEY ARE BEING GIVEN BY THE INDIAN RIVER COMMUNITY COLLEGE. COUNCILMAN GASS WAS DESIGNATED TO LOOK INTO THIS AND REPORT AT THE NEXT COUNCIL MEETING. MR. VOOELLE ADVISED T~2~H~ }A~05 ~ ~E~E'~Ea A~I~N~D H©L~ HARMLE~S~--AG~EE~T PROM MR. FARMER (WHO OWNS DISCONNECTED. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILWOMAN MC KINLEY, THAT A $50 FEE BE CHARGED FOR VARIANCE REQUESTS CARRIED. ROBERT FRYER, RURAL SANITATION SERVICE, REQUESTED PERMISSION OF THE COUNCIL TO RAISE THE GARBAGE FEES $1.75, ROM $4.25 TO $6.00 PER MONTH, DUE TO THE OVER-ALL INCREASE OF HIS EXPENSES IN PROVIDING THIS SERVICE. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN GASS, TO APPROVE ~1.75 INCREASE IN RURAL SANITATION'S RATE FROM $4.25 TO $6.00, STARTING 9-1-79. MR. VOCELLE DETERMINED FROM MR. FRYER THAT HE WOULD LIKE THE INCREASE~TTO-BE'.EF~ECTI~E'~SEPT~MBER"i\AND'?REC~.M~NDDD THAT THIS SHOULD BE IN THE FORM OF A RESOLUTION. THE CITY CLERK READ THAT RESOLUTION IN ITS ENTIRETY. COUNCIL- MAN GASS WITHDREW HIS SECOND. COUNCILMAN JOACHIM WITHDREW HIS MOTION. MOTION BE COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN GASS, TO AUTHORIZE THE DRAFTING OF A RESOLUTION INCREASING THE RATE OF RURAL SANITATION FROM $4.25 TO $6.00 PER DWELLING PER MONTH, EFFECTIVE SEPTEMBER 1, 1979.~'~ ...... : ROLL CALL VOTE: AYES: COUNCILMAN GASS " JOACHIM COUNCILWOMAN MC KINLEY MAYOR FLOOD NAYS: NONE CARRIED. ARTHUR MAYER REQUESTED PERMISSION OF THE COUNCIL TO MAKE AN AMENDMENT TO THE ORDINANCE DEFINING AND REGULATING THE BUSINESS OF BUILDING CONSTRUCTION AND CONTRACTING IN THE CITY OF SEBASTIAN. THE AMENDMENT PERTAINS TO A NEW TYPE OF PERMITTING SCHEDULE. THE REQUEST WAS APPROVED BY THE COUNCIL. MOTION BY COUNCILMAN JOAHCIM, SECONDED BY COUNCILWOMAN MC KINLEY, TO RESTRICT EACH MEMBER OF THE PUBLIC TO A 3 MINUTE TIME LIMIT WHEN SPEAKING BEFORE THE CITY COUNCIL. CARRIED. EYOR FLOOD ADVISED THAT AT AN EMERGENCY MEETING HELD ON JULY 5 A RESOLUTION WAS PASSED ADOPTING FIELD RULES R SEBASTIAN MUNICIPAL AIRPORT. SINCE THERE WERE ONLY 3 COUNCIL MEMBERS PRESENT, AND A QUORUM OF 4 IS CESSARY, MR. VOCELLE SUGGESTED THAT THE RESOLUTION SHOULD BE RE-ADOPTED AND THE MEMBERS OF THE AIRPORT VISORY BOARD REAPPOINTED. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILWOMAN MC KINLEY, TO ADOPT RESOLUTION NO. R-79-11, FIELD RULES REGULAR COUNCIL MEETING - JULY 9, 1979 PAGE 3 FOR SEBASTIAN MUNICIPAL AIRPORT. CARRIED. I~?, MOTION BY COUNCILWOMAN MC KINLEY, SECONDED BY COUNCILMAN JOACHIM, TO REAPPOINT THE FOLLOWING AS MEMBERS OF THE AIRPORT ADVISORY BOARD: ED PALUCH, CHAIRMAN, NED CAMPBELL, ROBERT THOMAS, JOHN MARiCH, GIL SWIGER. CARRIED. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILWOMAN MC KINLEY, TO REAPPOINT JOHN VAN ANTWERP AS AIRPORT MANAGER. CARRIED. MEETING ADJOURNED AT 9:05 P.M. CITY CLERK MAYOR