HomeMy WebLinkAbout08191981BID OPENING - AUGUST 19, 1981
MEETING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M.
PRESENT: VICE MAYOR EVERETT T. GASS, COUNCILMAN FRANK OBERBECK, COUNCILWOMAN FLORENCE
PHELAN, COUNCILMAN RICHARD VOTAPKA, ACTING CITY ATTORNEY DAVID ALCRECHT, AND MAYOR PAT
FLOOD, JR.
THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS
JOURNAL AUGUST 9 AND 16, 1981, FOR A 1900 DIESEL TRACTOR FOR THE SEBASTIAN MUNICIPAL GOLF
COURSE.
ATTORNEY DAVID ALBRECHT OPENED THE SEALED BIDS FOR THE 1900 DIESEL TRACTOR AND THEY READ
AS FOLLOWS:
SUNRISE FORD TRACTOR COMPANY,
FORT PIERCE, FLORIDA
$6,374.00 DELIVERY IN 30 DAYS
DEBRA TURF
HOLLYWOOD, FLORIDA
$7,436.00 DELIVERY IN 30 DAYS
MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN VOTAPKA, TO SEND BIDS TO THE AWARDS
COMMITTEE AND ALLOW THEM TO SELECT THE LOW BIDDER AND PURCHASE A 1900 DIESEL TRACTOR
ACCORDING TO CONTRACT.
ROLL CALL VOTE:
AYES:
COUNCILMAN OBERBECK
VICE MAYOR GASS
NoNsCOUNCZ';' q 1
COUNC: L p AN
~AYOR FLOrOD
NAYS:
$~D. OPENING 'CLOSED AT 7:05 P.M.
CITY CLERK
CARRIED.
PUBLIC HEARING..--~AUSUS
THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS iT APPEARED IN THE VERO BEACH PRESS
JOURNAL AUGUST 9 AND 16, 1981, TO CONSIDER THE ADOPTION OF A NON-EXCLUSIVE FRANCHISE TO
CA~B~LE TV FUND VIII-A, A LIMITED PARTNERSHIP, JONES INTERCABLE, INC., GENERAL PARTNER, TO
OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY; REGULATION OF ITS
OPERATION; SETTING RATES AND PAYMENTS; PROVIDING SERVICE; CONSTRUCTION AND MAINTENANCE
STANDARDS; CONTAINING CERTAIN PROHIBITIONS; PRESCRIBING CERTAIN PENALTIES; PROVIDING A
SEVERABILITY CLAUSE; REPEALING PREVIOUS FRANCHISE; PROVIDING AN EFFECTIVE DATE.
THE CITY CLERK READ IN ITS ENTIRETY AN ORDINANCE GRANTING A NON~EXCLUSIVE FRANCHISE TO
CABLE TV FUND VIII-A, A LIMITED PARTNERSHIP, JONES INTERCABLE, INC., GENERAL PARTNER, TO
OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY; REGULATION OF ITS
OPERATIONS; SETTING RATES AND PAYMENTS; PROVIDING SERVICE; CONSTRUCTION AND MAINTENANCE
STANDARD CONTAINING CERTAIN PROHIBITIONS; PRESCRIBING CERTAIN PENALTIES; PROVIDING A
SEVERABILITY CLAUSE; REPEALING PREVIOUS FRANCHISE; PROVIDING EFFECTIVE DATE.
VICE MAYOR GASS STATED THAT HE DID NOT SEE ANY MENTION OF CUSTOMERS RECEIVING ONE MONTH
FREE SERVICE IF A SUBSCRIPTION IS PAID IN FULL FOR ONE YEAR IN ADVANCE.
MR. ENGLE, VICE PRESIDENT OF JONES INTERCABLE, STATED THAT THIS WAS AN IN HOUSE POLICY AND
THAT CUSTOMERS WOULD RECEIVE ONE MONTH FREE SERVICE IF A SUBSCRIPTION IS PAID IN FULL FOR
ONE YEAR IN ADVANCE. HE STATED THAT HE WOULD PRINT THIS ON THE NEXT BILLING TO INFORM
CUSTOMERS OF THIS SERVICE.
COUNCILMAN VOTAPKA QUESTIONED THE AMOUNT OF BASIC CHANNELS JONES INTERCABLE WILL PROVIDE
AND HOW THEY WILL GUARANTEE THEM AS COMPARED TO THE OLD ORDINANCE.
MR. ENGLE STATED THAT THE PROVISION OF THE OLD ORDINANCE IS NOT ENFORCEABLE ANY LONGER. H~
EXPLAINED THAT THE FEDERAL COMMUNICATIONS COMMISSION DOES NOT HAVE THE RIGHT TO DESIGNATE
WHAT SIGNALS CAN OR CANNOT BE CARRIED AND THAT THERE HAS BEEN A GRADUAL DEREGULATION OF
WHAT IS ALLOWED TO BE IMPORTED. AT THE PRESENT TIME .JONES INTERCABLE IS ONLY REQUIRED TO
PROVIDE 5 CHANNELS BUT HE WOULD COMPLY WITH THE CITY AND DRAW UP A CONTRACTUAL LETTER STAT'
ING THAT JONES INTERCABLE WILL SUPPLY A MINIMUM OF 12 CHANNELS.
PUBLIC HEARING - AUGUST 19, 1981
COUNCILMAN VOTAPKA STATED THAT THERE WAS A SCHEDULE ATTACHMENT ON EXHIBIT "A" SHOWING
RATES AND CHARGES BUT THERE WAS NOT A LISTING OR A SERVICE CHARGE SHOWN FOR RELOCATING
OUTLETS.
MR. ENGLE STATED THAT THIS WAS AN OVERSIGHT AND IT WOULD BE ADDED.
COUNCILMAN VOTAPKA ASKED IF THE MONTHLY SERVICE RATES LISTED WERE REFERRING TO COMMERCIAL
OR RESIDENTIAL ACCOUNTS AND THAT IT SHOULD BE DIFFERENTIATED SOME HOW AND ADDED TO THE
ATTACHMENT.
MR. ENGLE STATED THAT THE DISTINCTION BETWEEN COMMERCIAL AND RESIDENTIAL ACCOUNTS WAS AN
OVERSIGHT AND THAT HE WOULD CORRECT IT. HE ALSO STATED THAT HE WOULD INCLUDE THAT INSTALL-
ATION FOR COMMERCIAL ACCOUNTS WOULD NOT EXCEED TIME AND MATERIALS AND SERVICES WOULD BE
NEGOTIATED ON AN INDIVIDUAL BASIS.
COUNCILMAN VOTAPKA ASKED THAT THE PUBLIC BE NOTIFIED 30 DAYS IN ADVANCE OF ANY RATE
INCREASE.
MR. ENGLE STATED THAT HE WOULD PRINT THIS ON THE BILLING, WORDING IT TO THE CITY COUNCIL
AND SUBSCRIBERS.
COUNCILMAN VOTPAKA ASKED IF A CLAUSE COULD BE ADDED TO THE FRANCHISE REGARDING A PUBLIC
SERVICE ANNOUNCEMENT THAT COULD BE MADE OVER THE AIR DURING TIME OF EMERGENCY. HE STATED
THAT HE WOULD APPROPRIATE THE PROPER LANGUAGE AND HAVE THE ATTORNEY REVIEW IT.
MR. BILL SISK STATED THAT AL~O~A~g~~~IDE COVERAGE FOR EMERGENCY SITUATIONS.
COUNCILMAN VOTAPKA DISCUSSED ~HAT WORDI.VG ON \PAFE 3, SECTION 4~ REGARDING THE SEBASTIAN
NATIONAL ELECTRIC CODE AND A2KE~T~AT IF BE C~NGED TO THE NATIONAL ELECTRIC CODE AND
APPLICABLE LOCAL CODE. ~J__ __ ~
COUNCILMAN VOTAPKA SUGGESTED THAT THE BOND ON PERMANENT PAYMENT PERFORMANCE GUARANTEE
SHOULD BE RAISED TO $15,000.00, MR,,-F~VGrR a~REED.
COUNCILMAN VOTPAKA ASKED THAT AN ADDITIdN~E MADE ON PAGE 4, SECTION 6, REGARDING, RESTORA.
TION. HE FELT BEING JONES INTERCABL~-~IS D~ING WORK IN THE CITY THAT THEY SHOULD BE RESPON.
SIBLE FOR REPLACING GRASS, SOD OR L~NDSdA~ING.
COUNCILWOMAN PHELAN QUESTIONED PAG~--~, SECTI'ON 17, REGARDING, ONE FREE CONNECTION TO A
MUNICIPALLY OWNED OR LEASED BUILDING. SHE FELT AN OUTLET SHOULD BE iNSTALLED AT THE
CITY CLERK MAYOR
REGULAR COUNCIL MEETING - AUGUST 19, 1981
REGULAR COUNCIL MEETING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 8:27 P.M.
PRESENT: VICE MAYOR EVERETT T. GASS, COUNCILMAN FRANK OBERBECK, COUNCILMAN RICHARD
VOTAPKA, COUNCILWOMAN FLORENCE PHELAN, ACTING CITY ATTORNEY DAVID ALBRECHT, AND MAYOR
PAT FLOOD, JR.
MR. LAKE, CITY RESIDENT GAVE A BRIEF PRESENTATION OF A MAGAZINE CALLED FISH FINDERS AND
ASKED THE COUNCIL TO CONSIDER TAKING A SUBSCRIPTION IN ADVERTISING IN THE MAGAZINE.
MOTION BY COUNCILWOMAN PHELAN, SECONDED BY VICE MAYOR GASS, TO TABLE A DECISION ON TAKING ~
SUBSCRIPTION IN ADVERTISING IN THE FISH FINDER MAGAZINE UNTIL THE NEXT COUNCIL MEETING,
SEPTEMBER 16, 1981. CARRIED.
MAYOR FLOOD ANNOUNCED THAT THE SEBASTIAN INLET TAXING DISTRICT WILL BE HOLDING A PUBLIC
HEARING ON THE 1981 - 1982 BUDGET AT 7:30 P.M., IN SEBASTIAN CITY HALL, ON AUGUST 26, 1981
MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN VOTAPKA, THAT THE COUNCIL SEND A PLANT~..T,
MR. CRAGG OUT OF RESPECT FROM THE COUNCIL AND TO LET HIM KNOW WE ARE THINKING OF HIM AND
WISHING HiM WELL. CARRIED.
COUNCILMAN VOTAPKA ANNOUNCED THAT THERE WILL BE A MEETING OF THE ARCHITECTURAL DEVELOPMENT
THEME COMMITTEE ON AUGUST 24, 1981, AT 7:30 P.M., IN CITY HALL.
REGULAR COUNCIL MEETING - AUGUST 19, 1981
THE CITY CLERK READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE GRANTING A NON-EXCLUSIVE
FRANCHISE TO CABLE TV FUND VIII-A, A LIMITED PARTNERSHIP, JONES INTERCABLE, INC., GENERAL
PARTNER, TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY;
REGULATION OF ITS OPERATION; SETTING RATES AND PAYMENTS; PROVIDING SERVICE, CONSTRUCTION
AND MAINTENANCE STANDARDS; CONTAINING CERTAIN PROHIBITIONS; PRESCRIBING CERTAIN PENALTIES;
PROVIDING A SEVERABILITY CLAUSE; REPEALING PREVIOUS FRANCHISE; PROVIDING EFFECTIVE DATE.
MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN VOTAPKA, TO ACCEPT THE FIRST READING
BY TITLE ONL~ AS AMENDED, OF AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO CABLE TV
FUND VIII-A, A LIMITED PARTNERSHIP, JONES INTERCABLE, iNC., GENERAL PARTNER, TO OPERATE
AND MAINTAIN A COMMUNITY ANTENNA TELECISION SYSTEM IN THE CITY; REGULATION OF ITS OPERATI01
SETTING RATES AND PAYMENT; PROVIDING SERVICE, CONSTRUCTION AND MAINTENANCE STANDARDS;
CONTAINING CERTAIN PROHIBITIONS; PRESCRIBING CERTAIN PENALTIES; PROVIDING A SEVERABILITY
CLAUSE; REPEALING PREVIOUS FRANCHISE; PROVIDING EFFECTIVE DATE.
ROLL CALL VOTE:
AYES:
NAYS:
COUNCILMAN OBERBECK
COUNCILMAN VOTAPKA
MAYOR FLOOD
VICE MAYOR GASS
COUNCILWOMAN PHELAN
CARRIED.
MAYOR FLOOD STATED THAT HE WANTED THE AMENDED ORDINANCE FOR JONES INTERCABLE TO BE READY
MAYOR FLOOD ASKED MR. SISK TO R~[~ORT BA.I~ ON [~t~OGRESS THAT IS BEING MADE AS FAR AS INSTALL'
ING CABLE SOUTH OF STATE ROA~ AZD BA!BER ~REET.
MAYOR FLOOD REPORTED THAT MR. RAY CAPRA WAS IN THE PROCESS OF GETTING A TOTAL PACKAGE
TOGETHER REGARDING THE PRE-CUT MAN/$FA~TU4~N~ FACILITY AND THAT HE WOULD REPORT BACK TO THE
COUNCIL AS SOON AS IT WAS COMPLET~D~~ ~ ~
MOTION BY VICE MAYOR GASS, SECONDED 3Y CO~CILWOMAN PHELAN, TO ELIMINATE THE STATE ROAD
512 MORATORIUM ON BUILDING. ~ ~
ROLL CALL VOTE:
AYES:
~N s.~O~3N1T2 LWd~Mg~ IPH~A~
O~ LM~ ~A~
CARRIED.
MAYOR FLOOD STATED THAT HE WANTED BUILDING PLANS TO BE SENT TO THE ZONING AND PLANNING
COMMISSION WITH INSTRUCTIONS TO THE :ZONING AND PLANNING COMMISSION, THAT BUILDINGS WILL
COMPLIMENT EACH OTHER, HE ALSO STATED THAT HE WANTED THE ARCHITECTUAL BOARD TO BE
ESTABLISHED AND TO CONTINUE WITH SETTING STANDARD FOR BUILDING.
MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, THAT THE ZONING AND PLANNING
COMMISSION WILL REVIEW ALL ARCHITECTURAL DESIGNS FOR ALL COMMERCIAL SITE PLANS SUBMITTED
THROUGHOUT THE ENTIRE CITY.
ROLL CALL VOTE:
AYES:
NAYS:
VICE MAYOR GASS
COUNCILMAN OBERBECK
COUNCILMAN VOTAPKA
COUNCILWOMAN PHELAN
MAYOR FLOOD
NONE CARRIED.
ATTORNEY ALBRECHT STATED THAT ALL SITE PLANS THAT HAVE BEEN APPROVED PRIOR TO THE MORATO-
RIUM WILL REMAIN THE SAME AND CAN BE PUT INTO PROGRESS.
MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN OBERBECK, TO TABLE THE DISCUSSION ON COD
AND ASSOCIATES REPORT FOR A SPECIAL MEETING TO BE HELD AUGUST 27, 1981, AT 7:00 P.M. AND
HAVE MR. NICK PELLEGRINO, CODY CONSULTANT, PRESENT. CARRIED.
MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILWOMAN PHELAN, TO TABLE THE HOLD HARMLESS
AGREEMENT FOR TONLY CLOPEIN UNTIL SUCH TIME THE CiTY ATTORNEY RETURNS TO THE NEXT COUNCIL
MEETING. CARRIED.
REGULAR COUNCIL MEETING - AUGUST 19, 1981
MOTION BY COUNCILWOMAN PHELAN, SECONDED BT COUNCILMAN VOTAPKA, TO TABLE THE BID FOR llTH.
STREET, UNTIL THE REGULAR COUNCIL MEETING, SEPTEMBER 16, 1981. CARRIED.
MAYOR FLOOD REPORTED THAT HE HAD RECEIVED A MONTHLY WATER CONSUMPTION REPORT AND THERE
WAS STILL AN OVER ABUNDANCE OF WATER BEING USED. HE THOUGHT MAYBE AN ORDINANCE SHOULD BE
PASSED IN ORDER TO ENFORCE THE CONSUMPTION OF WATER.
MAYOR FLOOD RECOMMENDED THAT GENERAL DEVELOPMENT UTILITIES BE PRESENT AT THE WORKSHOP
MEETING, SEPTEMBER 9, 1981 AND TO HAVE ALL THE STATISTICS ON WATER CONSUMPTION AND USAGE.
HE ALSO STATED, THAT MAYBE AT THIS TIME A REVERSE ORDINANCE COULD BE ESTABLISHED, STATING
THAT THE MORE WATER THAT IS USED THE MORE IT WiLL COST.
MOTION BY COUNCILWOMAN PHELAN, SECONDED BY COUNCILMAN OBERBECK, THAT THE CITY FORMULATE A
LETTER THAT WOULD BE SENT TO INDIVIDUALS, STATING THAT THIS IS THE FIRST STEP THAT IS BEING
TAKEN IN TRYING TO CONTROL THE USAGE OF WATER WHILE A MANDATED ORDINANCE IS BEING DRAWN
UP. CARRIED.
MAYOR FLOOD REPORTED THAT A PUBLIC HEARING WILL BE HELD PRIOR TO THE WORKSHOP MEETING ON
SEPTEMBER 9, 1981, TO DISCUSS THE REVENUE SHARING BUDGET FOR 1981 - 1982.
MR. JOSEPH LANCASTER, FINANCE DIRECTOR, SUGGESTED THAT THE DOLLAR AMOUNTS FOR OCCUPATIONAL
LICENSES SHOULD BE INCREASED.
MR. ED PALUCH, CITY RESIDENT, SUGGESTED THAT THE OCCUPATIONAL LIVENSES SHOULD BE ISSUED
EVERY TWO YEARS.
CHANGES THAT NEED TO BE MADE CN~CCUPATTCNAL\~ENSES. MAFOR FLOOD ASKED FOR A REPORT
AT THE NEXT REGULAR COUNCIL M~ETING, AT~WHIC~-- -- ~IME AN EXTENSION COULD BE ISSUED ON
MOTION BY COUNCILWOMAN PHELAN~C~DED~Y C05h~CILMAN VOTPAKA, TO FORM A COMMITTEE TO
REVIEW THE OCCUPATIONAL LICENSES. CARRIED.
MOTION BY COUNCILMAN OBERBECK, SE~ ~ICE MAYOR GASS, TO PERMIT DIANNE COOKSEY TO
SERVE ALCOHOLIC BEVERAGES AT HER WEDDINC ~CEPTION TO BE HELD AT THE SEBASTIAN COMMUNITY
CENTER, SEPTEMBER 19, 1981. ~ CARRIED.
MAYOR FLOOD REPORTED TO THE COUNCi~T~AT~HE GROW IN PHASE AT THE GOLF COURSE IS READY TO
BE IMPLEMENTED.
COUNTY WANTE ?SE%8 AVE ON INDIAN RIVER BOULEVA
STREET BE ONE TOP PRIORITIES ANY ROAD MAINTENANCE.
VICE MAYOR GASS STATED THAT HE HAD WRITTEN TO SENATOR LEWIS AND MR. VARN, SECRETARY OF
TRANSPORTATION, STRESSING THE CITY'S DESIRE TO ELIMINATE THE HILL ON STATE ROAD 512.
MR. VARN REPLIED THAT THE NEED TO REMOVE THE HILL WAS RECOGNIZED, BUT SUCH WORK WOULD
INVOLVE EXTENSIVE EXCAVATION AND THE ACQUISITION OF AN ADDITIONAL RIGHT-OF-WAY AND THAT
THIS WORK CANNOT BE FUNDED WITH RESURFACING MONIES. BETTERMENT FUNDS ARE THE APPROPRIATE
FUNDS FOR THIS TYPE OF WORK AND SINCE NO BETTERMENT FUNDS HAVE BEEN RECEIVED FOR THE NEXT
FISCAL YEAR, THERE ARE NO FUNDS FOR THIS WORK. MR. VARN ADDED THAT SOME IMPROVEMENTS HAVE
BEEN ORDERED TO PROVIDE A SUBSTANTIALLY SAFE FACILITY. MAYOR FLOOD STATED THAT THE IM-
PROVEMENT PROVIDED IS THE WIDENING OF STATE ROAD 512 FROM 10' TO 12'
MEETING ADJOURNED AT 10:16 P.M.
CITY CLERK MAYOR