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HomeMy WebLinkAbout09081975321 iREGULAR COUNCIL MEETING - SEPTEMBER 8, 1975 CALLED TO ORDER BY MAYOR F. EUGENE CRAGG AT 7 P.M. PRESENT: VICE MAYOR CLIFFORD HOOSE, COUNCILMEN JAMES C. KINARD, LEWIS GRAY AND PAT FLOOD,JR., MAYOR CRAGG AND CITY ATTORNEY, MR. L. B. VOCELLE, MINUTES OF REGULAR MEETING OF AUGUST 11, 1975 AND SPECIAL MEETING OF AUGUST 26, 1975, WERE APPROVED AS WRITTEN. MOTION BY COUNCILMAN FLOOD, SECONDED BY COUNCILMAN HOOSE, TO PAY AUGUST BILLS IN THE AMOUNT OF $6,372.01. MR. HAL WALLING, ADMINISTRATOR, DIVISION OF RETIREMENT AT TALLAHASSEE, EXPLAINED IN DETAIL THE PRESENT STATE OF FLORIDA RETIREMENT SYSTEM WHICH WAS ESTABLISHED ON DECEMBER 1, 1970. UNDER THE SYSTEM, AN EMPLOYEE MUST BE COVERED BY SOCIAL SECURITY BEFORE HE CAN PARTICIPATE IN IT. CITY CATEGORIES UNDER THIS SYSTEM INCLUDE "REGULAR" AND "SPECIAL RISK" (POLICE OFFICERS). EFFECTIVE OCTOBER 1, 1975 RETIREMENT CONTRIBUTIONS WILL BE 9% OF SALARY FOR REGULAR MEMBERS AND 13% OF SALARY FOR SPECIAL RISK MEMBERS. THIS WILL BE PAID WHOLLY BY THE EMPLOYER. IT WAS ALSO NOTED THAT THE EMPLOYEE OR THE EMPLOYER MAY PICK UP BACK SERVICE CREDIT TOWARD RETIREMENT YEARS. MAYOR CRAGG THANKED MR. WALLING FOR THE EXCELLENT PRESENTATION STATING THE COUNCIL WILL CON- SIDER FURTHER THEIR PLAN FOR PARTICIPATING IN THE STATE RETIREMENT SYSTEM. COUNCILMAN FLOOD REPORTED THE EQUIPMENT FOR THE AIR CONDITIONING SYSTEM AT THE COMMUNITY CENTER SHOULD BE IN BY WEDNESDAY AND THE SYSTEM OPERATING BY THE TIME THE COUNCIL ON AGING -HOLDS ITS NEXT MEETING, THE 17TH OF THIS MONTH. COUNCILMAN FLOOD ANNOUNCED THE WARRANTY DEED HAS BEEN RECEIVED FOR THE 4.08 ACRES OF LAND DONATED BY GDC TO THE CITY FOR RECREATION PURPOSES. THE CITY IS IN THE PROCESS OF FINALIZING PLANS FOR THE PROPOSED TENNIS COURT IN THIS AREA. FOR THE BENEFIT OF THOSE WHO DID NOT ATTEND THE AUGUST 26 SPECIAL MEETING, COUNCILMAN FLOOD REPORTED HE WILL ATTEND A MEETING OF DEPARTMENT OF NATURAL RESOURCES AT TALLAHASSE THE FIRST WEEK IN OCTOBER REGARDING THE $50,000 GRANT REQUESTED BY THE CITY FOR THE WATERFRONT PROPERTY. HE HAS BEEN ADVISED THAT SEBASTIAN HAS BEEN PLACED ON THE #1 PRIORITY LIST, SO IT IS REASONABLE TO ASSUME WE WILL RECEIVE THE GRANT. WORK WILL BEGIN AS SOON AS OFFICIAL WORD IS RECEIVED. THE BUILDING INSPECTOR REPORTED $64,600 IN NEW CONSTRUCTION DURING AUGUST. COUNCILMAN GRAY SUBMITTED ED PALUCH'S NAME AS A MEMBER OF THE AIRPORT COMMITTEE TO MR. GIL SWIGER, AIRPORT COMMITTEE CHAIRMAN. THE POLICE DEPARTMENT REPORTED 172 COMPLAINTS ANSWERED DURING AUGUST, NOT INCLUDING TRAFFIC STOPS. CHIEF CUMMINS HAS SUBMITTED A PRE-APPLICATION FOR FUNDS THROUGH THE LEAA FOR THE STATE-WIDE COMMUNICATIONS PLAN. HE IS QUITE OPTIMISTIC THAT THE CITY WILL RECEIVE APPROXIMATELY $8,000 WORTH OF COMMUNICATION EQUIPMENT FOR THE PLLICE DEPARTMENT UNDER AN LEAA GRANT. AN ANSWER IS EXPECTED WITHIN A MONTH AND IF THE GRANT IS APPROVED WE MAY, BY DECEMBER, BE UNDER THE NEW COMMUNICATION SYSTEM. MR. WHITEHEAD'S LETTER TO THE CITY COUNCIL REQUESTING CHANGE OF ZONING ON HIS PROPERTY ON CLEVELAND STREET DESCRIBED AS LOTS 4, 5, 6, AND 7, BLOCK 1, EDGEWATER PARK S/D, FROM R-2 TO C-2, WAS TURNED OVER TO THE ZONING AND PLANNING COMMITTEE FOR NECESSARY ACTION. THE SEBASTIAN RIVER AREA POST NO. lO210, VFW, ASKED THE CITY TO DISPLAY THE CITY HALL AMERICAN FLAG 24 HOURS A DAY IN CELEBRATION OF THE INDEPENDENCE OF THE NATION, AND THAT A SPOTLIGHT BE INSTALLED TO DIRECT ATTENTION TO THE FLAG AT NIGHT. COUNCILMAN FLOOD ESTIMATED THE COST OF INSTALLING SUCH A LIGHT WOULD BE APPROXIMATELY $25.00. IN VIEW OF THE MINIMAL COST, MAYOR CRAGG SUGGESTED COUNCILMAN FLOOD COORDINATE DETAILS FOR INSTALLING SUCH A LIGHT. THE BOARD OF DIRECTORS OF THE INDIAN RIVER COUNTY COUNCIL ON AGING, INC. EXPRESSED APPRECIATIO~ TO THE COUNCIL FOR THE CITY'S DONATION OF $500. VICE MAYOR HOOSE AGREED TO ATTEND THE INDIAN RIVER COUNTY BICENTENNIAL COMMITTEE MEETING WEDNESDAY, SEPTEMBER 17, AT 3:30 P.M. IN THE VERO BEACH COMMUNITY CENTER. PLANS FOR THE CELEBRATION, INFORMATION ON PLACEMENT OF BOOTHS AND SPACES WILL BE ARRANGED AT THIS MEETING AND QUESTIONS ANSWERED REGARDING THE OCTOBER 19 CELEBRATION. MRS. BOLINGER HAD SUGGESTED TO COUNCILMAN GRAY THAT THE CITY RESERVE A BOOTH TO SELL THE SURPLUS CENTENNIAL + 10 CELEBRATION SOUVENIRS, AND MAYOR CRAGG AGREED THIS WAS AN EXCELLENT IDEA. THE CLERK READ A LETTER FROM MR. L. RYDER, ADMINISTRATIVE ASSISTANT, DEPARTMENT OF NATURAL RESOURCES, THANKING COUNCILMAN FLOOD FOR HIS LETTER OF AUGUST 15TH TRANSMITTING A COPY OF THE CORPS OF ENGINEERS PERMIT REQUIRED FOR THE SEBASTIAN LAUNCH SITE PROJECT. THE PROJECT HAS BEEN UNANIMOUSLY RECOMMENDED AT THE STAFF LEVEL AND WILL UNDERGO~ REVIEW BY THE INTERAGENCY OUTDOOR RECREATION ADVISORY COMMITTEE AT ITS MEETING TENTATIVELY SCHEDULED FOR SEPT 22, 1975. MAYOR CRAGG READ A LETTER FROM THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS CONCERNING THE ESTABLISHMENT OF A COUNTY PLANNING DEPARTMENT AND BASIC OPERATING BUDGET. EACH MUNICIPAL- ITY IS INVITED TO AVAIL THEMSELF OF THIS DEPARTMENT TO PROVIDE REQUIRED SERVICES AT THE MOST ECONOMICAL COST. MAYOR CRAGG WILL WRITE TO THE COMMISSION ACCEPTING THE OFFER AND ASKING TO BE ADVISED WHEN THE PLAN IS APPROVED. REGULAR COUNCIL MEETING - SEPTEMBER 8, 1975 (CON'T"D) THE CITY CLERK READ A LETTER MR. VOCELLE HAD WRITTEN CONCERNING REMOVAL OF TREES ON LOTS 9 AND 10, OCEAN BREEZE S/D. THE LEAGUE OF CITIES IS HOLDING ITS ANNUAL CONVENTION IN ORLANDO ON 23-25 OCTOBER. MAYOR CRAGG ASKED THE COUNCIL MEMBERS TO GET THEIR HOTEL RESERVATIONS IN EARLY,IF THEY PLAN TO ATTEND THE MEETING. BIDS OPENED PRIOR TO THE WORKSHOP MEETING ON 3 SEPTEMBER FOR THE GASOLINE POWERED TRACTOR WERE TURNED OVER TO THE AWARDS COMMITTEE. MOTION BY COUNCILMAN GRAY, SECONDED BY COUNCILMAN KINARD, TO PLACE DANIEL CESSNER ON THE ZONING AND PLANNING COMMITTEE EFFECTIVE THIS DATE. MAYOR CRAGG DISCUSSED THE JUNE 6, 1985 SAFETY REPORT CONTAINING SAFETY RECOMMENDATIONS FOR THE PROTECTION OF PEOPLE AND PROPERTY OF THE CITY. THE INSPECTION WAS MADE BY AN INDUSTRIAL SAFETY REPRESENTATIVE OF THE BUREAU OF WORKMEN~S COMPENSATION. RECOMMENDATIONS SUBMITTED HAVE BEEN TAKEN CARE OF EXCEPT THE IDENTIFICATION OF CIRCUIT BRAKERS IN THE COMMUNITY CENTER AND A LIGHT SWITCH TO BE INSTALLED NEAR THE MAIN ENTRANCE. COUNCILMAN FLOOD REPORTED THE CIRCUIT BREAKERS ARE NOW IDENTIFIED, THERE IS A LABEL IN THE PANEL WHICH COVERS EVERYTHING. AS FAR AS THE LIGHT SWITCH IS CONCERNED, HE STATED THIS IS NO BIG PROBLEM, HE WILL ASK THE ELECTRICIAN WHO IS GOING TO HOOK UP THE NEW AIR CONDITIONING UNIT TO GIVE HIM A PRICE ON PUTTING IN THE LIGHT SWITCH. MAYOR CRAGG ASKED COUNCILMAN FLOOD TO CARRY THROUGH ON HAVING THE LIGHT SWITCH INSTALLED. MR. RHODERiC TAYLOR, ARCHITECT FOR THE COMMUNITY BUILDING, WILL BE NOTIFIED THAT COUNCILMAN FLOOD WILL REPRESENT THE CITY OF SEBASTIAN FOR ARBITRATION AS IT PERTAINS TO THE AIR CONDITION. ING AT THE COMMUNITY CENTER. THE FLORIDA SPECIAL OLYMPICS HAS ASKED THE CITY TO PARTICIPATE IN ADVERTISING IN THE SPECIAL OLYMPICS SOUVENIR PROGRAM. THE SPECIAL OLYMPICS PROGRAM WAS CREATED IN 1968 AND SPONSORED BY THE JOSEPH P. KENNEDY FOUNDATION. ITS PURPOSE IS TO PROVIDE AN OPPORTUNITY TO MENTALLY RETARDED CHILDREN TO COMPETE IN VARIOUS TRACK AND FIELD EVENTS STYLED AFTER THE INTERNATIONAL OLYMPICS. THE SOUVENIR PROGRAM WILL BE DISTRIBUTED AT THE ANNUAL STATESIDE SPECIAL OLYMPICS EVENT AND THE PROCEEDS WILL BE USED TO SEND THE WINNERS OF THE STATE OLYMPICS TO THE INTERNATIONAL SPECIAL OLYMPICS. MAYOR CRAGG ASKED THAT THE MATTER BE POSTPONED UNTIL THE NEXT WORKSHOP MEETING TO GIVE COUNCIL MEMBERS AN OPPORTUNITY TO LEARN MORE ABOUT THE PROGRAM. THE CITY CLERK READ A COPY OF MR. VOCELLE'S LETTER OF SEPTEMBER 4, 1975 TO THE FARMERS HOME ADMINISTRATION CONCERNING THEIR TEMPORARY DISAPPROVAL OF APPLICATIONS FOR LOAN BY ALLIED CONSTRUCTION COMPANY. DISAPPROVAL WAS BASED ON LACK OF CENTRAL WATER AND SEWERAGE SYSTEMS. MR. VOCELLE EXPLAINED THAT THE CITY OF SEBASTIAN CANNOT NOW FURNISH CONNECTIONS TO THE CENTRAL SYSTEMS NOR IS IT FEASIBLE. AT THIS TIME, FOR THE CITY TO CONSTRUCT CENTRAL WATER AMD SEWERAGE SYSTEMS TO SERVE THE LOCATIONS IN QUESTION. THE REASON THEREOF IS ONE OF ECONOMICS - FUNDS ARE NOT AVAILABLE TO THE CITY FOR THiS PURPOSE AND HE ASKED THAT HIS LETTER BE CONSIDERED AS THE CITY'S APPROVAL OF A WAIVER OF THE REQUIREMENT TO CONNECT TO OR INSTALL CENTRAL SYSTEMS FOR WATER AND SEWERAGE AT LOCATIONS SUBMITTED. COUNCILMAN FLOOD ASKED THAT COPIES OF THE CORRESPONDENCE BE FORWARDED TO THE TWO FLORIDA SENATORS. VICE MAYOR HOOSE PROPOSED THE FOLLOWING CHANGES TO THE PRESENT SIGN ORDINANCE: (1) ELIMINATIO1 OF ANNUAL RENTAL FEE, AND (2) REPEAL OF THAT PORTION OF THE ORDINANCE PROHIBITING HIGH VOLTAGE FLASHING SIGNS. MAYOR CRAGG COULD SEE NO OBJECTION TO ELIMINATION OF THE ANNUAL RENTAL FEE, IF THE COUNCIL AGREED. COUNCILMAN KINARD COMMENTED IT COULD BE DELETED FROM THE ORDINANCE AND ENACTED AT SUCH TIME AS SIGNS BECOME A PROBLEM TO THE CITY. REGARDING FLASHING SIGNS, MAYOR CRAGG'S PERSONAL FEELING IS THAT ALL FLASHING SIGNS SHOULD BE ELIMINATED: HOWEVER, IN KEEPING WITH THE PRESENT ORDINANCE THOSE PEOPLE HAVING FLASHING SIGNS WILL HAVE TO CUT THEM DOWN TO THE DESIGNATED VOLTAGE. when asked for an opinion, Mr. Vocelle, City Attorney, said it would be unconstitutional to PASS AN ORDINANCE THAT WOULD REQUIRE BUSINESSMEN TO LOSE THE MONIES THEY HAVE ALREADY INVESTED IN SUCH SIGNS, BUT AN ORDINANCE COULD BE PASSED THAT WOULD PROHIBIT FUTURE FLASHING SIGNS. THOSE NOW LEGALLY AND LAWFULLY IN EXISTENCE AS OF THIS DATE, OR AS OF THE DATE OF ANY CHANGE, COULD BE GRANDFATHERED. THE GRANDFAUTHER CLAUSE WOULD NOT PERMIT ANY CHANGE OF SUCH SIGN OR ANY ENLARGEMENT, AND IF THE BUSINESS WERE TO GO OUT OF BUSINESS, THE SIGN WOULD NOT INURE TO THE NEW OWNER. ALL SUCH SIGNS WOULD HAVE TO BE INVENTORIED. MAYOR CRAGG SUGGESTED CONTINUANCE UNDER THE PRESENT ORDINANCE AND REQUEST THOSE HAVING FLASHING SIGNS TO CUT THEM DOWN TO THE DESIGNATED LOW VOLTAGE. THE QUESTION THEN AROSE AS TO WHAT CONSTITUTES LOW AND HIGH VOLTAGE, AND COUNCILMAN FLOOD WAS ASKED TO CHECK THIS OUT IN THE NEW 1975 ELECTRICAL CODE. MAYOR CRAGG ASKED THAT THE MATTER BE TABLED UNTIL THE QUESTION OF VOLTAGE COULD BE CLARIFIED. THE SUBJECT WILL BE DISCUSSED AT THE NEXT MEETING. COUNCILMAN FLOOD REQUESTED THE CITY ADVERTISE FOR BIDS FOR A FOLDING PARTITION FOR THE COMMUNITY CENTER, EXPLAINING THAT WHEN THE BUILDING IS BEING USED BY ONLY A FEW PEOPLE, IT CAN BE CLOSED OFF BY THE PARTITION AND ONLY ONE AIR CONDITIONING UNIT WILL BE REQUIRED. IT WILL ALSO BE A SAVING ON THE ELECTRIC LIGHT BILL. IT WAS AGREED THAT THE BIDS BE ADVERTISED IN TIME TO BE OPENED AT THE NEXT WORKSHOP MEETING. REGULAR COUNCIL MEETING - SEPTEMBER 8, 1975 (CONT'D) MAYOR CRAGG ASKED THE CITY ATTORNEY TO CHECK ON THE CORRECT PROCEDURE FOR CARRYING AMOUNTS INTO THE NEW BUDGET OF FUNDS THAT HAVE BEEN EARMARKED FOR SPECIFIC PROJECTS AND WHICH HAVE NOT BEEN USED BEFORE THE END OF THE FISCAL YEAR. MR. VOCELLE REQUESTED THE CITY CLERK TO ITEMIZE THE AMOUNTS BUDGETED BUT NOT SPENT SO HE CAN PREPARE A RESOLUTION IF ONE IS NECESSARY. HE WILL CHECK INTO IT, AND MAYOR CRAGG ASKED THAT iT BE DISCUSSED AT THE WORKSHOP MEETING ON OCTOBER 8, 1975. MAYOR CRAGG REPORTED THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY HAS APPLIED FOR AND BEEN OFFERED A FEDERAL GRANT FOR $193,077 FOR THE PREPARATION OF A FACILITIES PLAN FOR THE PLANNING AREA DESIGNATED UNDER SECTION 201 OF THE AMENDMENTS TO THE FEDERAL WATER POLLUTION CONTROL ACT OF 1972. THIS OFFER IS SUBJECT TO THE ASSURANCES SET FORTH IN THE GRANT AGREEMENT. SEBASTIAN HAS BEEN ASKED TO DESIGNATE A QUALIFIED REPRESENTATIVE TO THE TECHNICAL ADVISORY COMMITTEE TO BE ESTABLISHED TO PROVIDE ADVICE, COMMUNICATION AND LIAISON BETWEEN THE VARIOUS UNITS OF LOCAL GOVERNMENT AND THE ENGINEER DURING THE FACILITIES PLANNING PROCESS. COUNCILMAN GRAY HAS DISCUSSED WITH MAYOR CRAGG SOMEONE WHOM HE FEELS IS WELL QUALIFIED TO REPRESENT THE CITY AND WILL SUBMIT HIS NAME FOR CONSIDERATION. FOLLOWING DISCUSSION CONCERNING SELECTION OF MEMBERS FOR BOARDS, MOTION WAS MADE BY COUNCILMAN FLOOD, SECONDED BY COUNCILMAN GRAY, THAT ALL INTERVIEWS BY CHAIRMEN OF THE ZONING & PLANNING COMMITTEE AND THE BOARD OF ADJUSTMENTS, BE CONDUCTED IN CITY HALL, THAT RESUMES OF RECOMMENDED PERSONNEL BE SUBMITTED TO THE COUNCIL FOR REVIEW, AND THAT ATTENDANCE RECORDS OF COMMITTEE MEETINGS BE MAINTAINED AND AVAILABLE IN CITY HALL. CARRIED. MR. VOCELLE, CITY ATTORNEY, PREPARED A RESOLUTION PERTAINING TO THE SELECTION OF A SCHOOL !SITE IN THE NORTHERN PART OF INDIAN RIVER COUNTY FOR THE CONSTRUCTION OF A JUNIOR HIGH SCHOOL. IN ACCORDANCE WITH THE COUNCIL'S REQUEST AT THE AUGUST 26 MEETING. THE CITY CLERK READ THE RESOLUTION AFTER WHICH MOTION WAS MADE BY COUNCILMAN FLOOD, SECONDED BY COUNCILMAN KINARD, TO ACCEPT THE RESOLUTION AND TO SEND A COPY TO THE SCHOOL BOARD. CARRIED. THE CITY CLERK WAS ASKED TO CONTACT THE AMERICAN LEGION REGARDING A DISPLAY OF FLAGS ON U.N. DAY, OCTOBER 24TH, ON THE MEAN STRIP THROUGHOUT THE CITY. THE COUNCIL UNANIMOUSLY AGREED TO PRESENT A PLAQUE POSTHUMOUSLY FOR ERVIN YATES TO MRS. YATES AND A WRISTWATCH TO MRS. YATES WHICH HAD BEEN OBTAINED DURING THE CENTENNIAL + 10 CELEBRATION, AT THE OCTOBER 13 COUNCIL MEETING. THE ZONING & PLANNING COMMITTEE, AT ITS AUGUST 29, 1975 MEETING, APPROVED THE SITE PLAN FOR WM. J. AND MARION S. WIHSTUTZ TO BUILD A SECOND STORY ON EXISTING BUILDING TO BE USED FOR LIVING QUARTERS. MEETING ADJOURNED AT 9:15 P.M. City Clerk -3-