HomeMy WebLinkAbout09101979REGULAR COUNCIL MEETING, SEPTEMBER 10, 1979
]ETING WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M.
VICE MAYOR LEWIS GRAY, COUNCILMEN EVERETT T. GASS AND JOHN R. JOACHIM, COUNCILWOMAN DOROTHY W.
MC KINLEY, MAYOR PAT FLOOD, JR., AND MR. L. B. VOCELLE, CITY ATTORNEY.
MAYOR FLOOD ANNOUNCED THAT THIS IS THE LAST OFFICIAL MEETING FOR OUR CITY ATTORNEY. HE REMARKED TPiAT WE
HATE TO LOSE SUCH A TERRIFIC CITY ATTORNEY, BUT CONGRATULATED HIM ON HIS APPOINTMENT ASA CIRCUIT COURT
JUDGE.
MR. WILLIAM AVELLA, PRESIDENT, GENERAL DEVELOPMENT CORPORATION, THANKED MAYOR FLOOD, THE MEMBERS OF THE
CITY COUNCIL AND DEDICATED CITIZENS OF SEBASTIAN WHO WORKED SO DILIGENTLY TO REACH A SATISFACTORY AGREEMENT
BETWEEN GENERAL DEVELOPMENT CORPORATION AND THE CITY OF SEBASTIAN. HE ADDED THAT A LOT OF PEOPLE ON
BOTH SIDES DESERVE. A LOT OF PRAISE AND ESPECIALLY MAYOR FLOOD AND MR. VOCELLE.
A LENGTHY DISCUSSION WAS HELD REGARDING AN AIRPORT LEASE WITH MR. EDWARD GOLDBERG FOR A THREE ACRE SITE TO
ESTABLISH A BUSINESS OPERATING UNDER THE NAME OF GOLDSTAR AERO, INC. VICE MAYOR GRAY ADVISED THAT THE
LEASE, WHICH IS A STANDARD 20-YEAR LEASE, WAS APPROVED BY THE AIRPORT ADVISORY BOARD WITH CERTAIN AMENDEMNTS.
THE NATURE OF THE BUSINESS IS PRIMARILY THE SALE OF NEW AIRPLANES. IN ORDER TO GIVE THE CITY ATTORNEY
AND THE MEMBERS OF THE COUNCIL AN OPPORTUNITY TO FAMILIARIZE THEMSELVES WITH THE TERMS OF THE LEASE, A
SPECIAL MEETING WAS ARRANGED FOR THURSDAY, SEPTEMBER 13, AT 4:00 P.M., FOP PUTURE ~CTION~B¥. ~E
MOTION BY COUNCILWOMAN MC KINLEY, SECONDED BY COUNCILMAN JOACHIM, TO APPROVE THE MINUTES OF THE REGULAR
COUNCIL MEETING OF AUGUST 13, EMERGENCY MEETING OF AUGUST 20, PUBLIC HEARING AUGUST 20, SPECIAL MEETINGS
AUGUST 22, AND 28, PUBLIC HEARING SEPTEMBER 5, 1979. CARRIED.
MOTION BY COUNCILMAN JOACHIM, SECONDED BY VICE MAYOR GRAY, TO PAY AUGUST BILLS IN THE AMOUNT OF $11,401.43.
REVISING THE PRESENT FORM OF CITY GOVE~T TO TH~ ~ITY\M~]
STATED THAT THERE WERE 233 SIGNATURES. MA~OR FLOOD ADVISED
IT WOULD HAVE TO GO THE REFERENDUM AND IT ~D TAKE 10 PERCEN'
SEBASTIAN TO GET IT ON THE BALLOT. HE I~Qb~fP~D OF MR. VOCEL~E
IF THIS WAS JUST A TECHNICALITY. MR. VOC~L~L'~ WA'g'OF ~ OPIN'~
GTHE CITY COUNCIL TO AMEND THE CITY CHARTER
ER FOP~ OF MUNICIPAL GOVERNMENT. HE
T THE CITY COUNCIL CANNOT AMEND THE CHARTER.
~ OF THE REGISTERED VOTERS IN THE CITY OF
WHETHER THE PETITION WAS WORDED WRONG OR
)N THAT IF THERE WERE ANY DISPUTE, IT SHOULD BE
RESOLVED IN BEHALF OF THE PETITIONERS SINCE THEY ARE THE VOTERS. THE CITY CLERK, AS THE CITY ELECTION
OFFICER, WAS ASKED TO CERTIFY THE SIGNATURES. ~-~E~G IS IN ORDER, THE COUNCIL CAN THEN DIRECT THAT
IT BE PUT ON THE BALLOT AT THE NEXT GENERAL ELV. CT~05 IN ~-KRCH, 1980, OR HAVE A SPECIAL ELECTION.
VICE MAYOR GRAY ANNOUNCED THAT THE NORTH INDIAN RIVER CC~TY RECREATION DEPARTMENT AND THE CITY RECREATION
COMMITTEE WERE GOING TO HAVE A MEETING IN AN E~FQ~ ~T0 ~OORDINATE ALL THEIR ACTIVITIES. ALSO, WITH THE
HELP OF ARTHUR MAYER AND THE STREET DEPARTMENT,X~L~,WIIJ~E TYING IN TO THE GENERAL DEVELOPMENT CORPORATION
WATER SYSTEM FOR THE PARK ON SCHUMANN DRIVE.
THE NAMES OF ROSE ARBt~I'VE A~ LAN~D~WN~ ~T~EE%. X'~/~ HAS BEEN I)~FO~M~D\BY TH~ FLORIDA POWER AND LIGHT
COMPANY THAT THEY ARE Q~I%~] BEHIND IN T~IR~W~R~, S~T~RE ~S NO POINT~ ~ ~XPEC~NG THEM TO FOLLOW THROUGH
MR~
MAYOR FLOOD THANKED .~T~ENE .~SYNSFIETiD--AND~R. ~CK ~PER O~F-MER%"I~ C0/~STt~T_~ '~MPANY FOR THEIR CONSIDER-
ATION IN PROVIDING THE CITY HALL WITH A GERERATOR DURING THE RECENT POWER FAILURE CAUSED BY HURRICANE DAVID.
HE ALSO THANKED MR. WILLIAM ROUX AND OTHER CONTRACTORS WHO CONTRIBUTED THEIR SERVICES DURING THE EMERGENCY.
MAYOR FLOOD INFORMED THE PUBLIC THAT THE CITY COUNCIL HAD AUTHORIZED THE PURCHASE OF A NEW TRUCK WHICH WILL
~E USED TO PICK UP THE DEBRIS AROUND THE CITY. IT IS HOPED THAT WE WILL GET SOME ASSISTANCE FROM THE STATE
FROM CETA IN PROVIDING US WITH MANPOWER TO HELP IN THE CLEANING UP OPERATION.
CUMMINS REPORTED THAT THERE WERE 259 COMPLAINTS ANSWERED BY THE POLICE DEPARTMt~NT DURING THE MONTH OF
AUGUST, NOT INCLUDING TRAFFIC STOPS.
CHIEF CUMMINS THANKED ALL THOSE WHO MADE IT A LITTLE BIT EASIER AND ASSISTED THE POLICE DEPARTMENT DURING
HURRICANE DAVID - THE STREET DEPARTMENT, THE CITY STAFF, EVERYBODY CONCERNED, AND THE CITIZENS WHO EVACUATED.
QUICKLY WHEN IT BECAME NECESSARY.
DALE WEHR REPQRTED THAT THE STREET DEPARTMENT SPENT A TOTAL OF 1,368 MAN HOURS DURING THE MONTH, AND THANKS
TO THE PAVING OF FLEMING AND SOME OF THE OTHER STREETS, ONLY 59 HOURS WERE SPENT IN ASPHALT PATCHING. THE
MAJORITY OF THE TIME WAS SPENT IN CLEAN UP AND EQUIPMENT REPAIR AND CANAL CLEANING. A TOTAL OF $26,000. WAS
EXPENDED, $14,390. FOR THE NEW TRUCK AND $2,100. FOR ADDITIONAL STOP SIGNS.
THE BUILDING DEPARTMENT ISSUED 21 SINGLE FAMILY HOUSING PERMITS VALUED AT $589,885. DURING AUGUST AND TOTAL
NEW CONSTRUCTION FOR THE MONTH AMOUNTED TO $615,563. TOTAL CONSTRUCTION TO DATE IS $8,758,930. PERMIT FEES
COLLECTED DURING AUGUST AMOUNTED TO $3,929.50. TOTAL PERMIT FEES COLLECTED TO DATE AMOUNT TO $47,734.12.
THE CITY CLERK ADVISED THAT THE ZONING AND PLANNING COMMISSION APPROVED THE REQUEST OF STEPHANIE MICHAUD,
ERA REALTY, TO OPEN A REAL ESTATE OFFICE AT 18 SOUTH U.S. 1. ALSO, AT THE MEETING OF THE ZONING AND PLANNING
COMMISSION ON AUGUST 30, A LETTER WAS READ FROM MIKE ROBINSON, URBAN FORESTER FOR INDIAN RIVER COUNTY, RE-
COMMENDING AMENDMENTS TO THE TREE ORDINANCE.
MAYOR FLOOD REQUESTED MR. CRAGG TO ACCEPT A CHECK IN THE AMOUNT OF $1,450. FOR DELIVERY TO THE SEBASTIAN
VOLUNTEER AMBULANCE SQUAD. THE TOTAL CONTRIBUTION TO THE FIRE DEPARTMENT AND THE AMBULANCE SQUAD THIS YEAR
AMOUNTS TO $16,000.
WEHR REPORTED THAT ALTHOUGH HE HAD CONTACTED A NUMBER OF PEOPLE, ONLY ONE ESTIMATE HAD BEEN RECEIVED
THE AMOUNT OF $727.67 FROM HEIDEKRUGER WELL DRILLING TO INSTALL CONNECTIONS TO THE WELL ON THE CHAMBER
COMMERCE PROPERTY FOR THE USE OF THE FIRE DEPARTMENT. MAYOR FLOOD STATED THAT SINCE THIS WAS UNDER $1,000.,
THE BID SH~0LD"BE ACCEPTED.
MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILWOMAN MC KINLEY, TO ACCEPT THE BID OF $727.67 FROM HEIDEKRUGER
WELL DRILLING TO INSTALL CONNECTIONS TO THE WELL ON THE CHAMBER OF COMMERCE PROPERTY. CARRIED.
LETTER WAS READ FROM MRS. IVY KRICK, SEBASTIAN SINGER, THANKING MAYOR FLOOD AND THE CITY COUNCIL FOR APPROVING
HER REQUEST TO USE THE COMMUNITY CENTER FOR REHEARSALS AND ALSO TO PRESENT THEIR ANNUAL CHRISTMAS PROGRAM.
LETTER WAS READ FROM MRS. IRENE FLETCHER, CONGREGATE MEALS PROGRAM, THANKING MAYOR FLOOD AND THE CITY COUNCIL
FOR APPROVING HER REQUEST TO USE THE COMMUNITY CENTER FOR THE NEXT YEAR FOR THE SERVING OF CONGREGATE MEALS.
SHE ESPECIALLY THANKED SAM MOHAMED AND WILLIAM BEPLER FOR THE EXCELLENT JOB THEY DO IN THE CLEANING UP AND
THE MANY HOURS THEY HAVE VOLUNTEERED IN HELPING THE PROGRAM.
LETTER WAS READ FROM TIMOTHY P. HUNSiCKER REQUESTING ABANDONMENT OF EASEMENT BETWEEN LOTS 4 AND 5, BLOCK 26,
UNIT 1, SEBASTIAN HIGHLANDS.
MAYOR FLOOD ANNOUNCED THAT A PUBLIC HEARING HAS BEEN SET UP ON SEPTEMBER 26 AT 7:00 P.M. FOR FINALIZATION OF
THE 1979-80 BUDGET AND THE FEDERAL REVENUE SHARING FUNDS.
THE CITY CLERK READ IN ITS ENTIRETY A RESOLUTION AS FOLLOWS: "RULES AND RATES GOVERNING THE RENTAL AND USE
OF THE SEBASTIAN COMMUNITY CENTER AND SEBASTIAN SOCIAL CENTER." AFTER SOME DISCUSSION IT WAS DECIDED TO
DELETE THE NOTE REFERRING TO THOSE GROUPS WHICH ARE EXCLUDED FROM PAYING A RENTAL FEE SINCE THESE REQUESTS
ARE ALWAYS APPROVED BY THE CITY COUNCIL AS A MATTER OF PROCEDURE. ALSO, THE CLOSING TIME ON FRIDAYS AND
WAS AMENDED FROM 12:00 MIDNIGHT OT 1:00 A.M. AS THIS TIME HAD BEEN PREVIOUSLY APPROVED BY THE
BY COUNCILMAN JOACHIM, SECONDED B C2LMAN CA~, PROVE AS AMENDED, THE BUL~S. AND. .. RATES GOVERNING
RENTAL AND USE OF SEBASTIAN COMMUNITY CENTER AND SEBA~TIANS~C~AL CENTER. CARRIED.~i ."~' ·
B~U~C2L~OMAN ~C KIlL,Y, TO SEND OFF THE SEBASTIAN CODE OF ORDINANCES
MOTION
BY
COUNCILMAN
JOACHIM,
SECONDED
FOR PRINTING. CARRIED. -- --
THE CITY CLERK READ BY TITLE ONLY AN ORDINANCE/~T~NG--~A~E OFF AND LANDING PRECEDURES AT THE SEBASTIAN AIRPORT;
SETTING PENALTIES FOR VIOLATION: SETTING AN E_~F~T]V5 ~.
MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILWOF~AK ~KINLEY, TO APPROVE THE ADOPTION OF AN ORDINANCE
SETTING TAKE OFF AND LANDING PROCEDURES AT THE S~A~TIAN AIRPORT: SETTING PENALTIES FOR VIOLATION: SETTING
AN EFFECTIVE DATE. ~ '- ~ '" ~ ~ _~
ROLL CALL VOTE: AYES: VICE MAYOR GRAY
THE CiTY CLERK READ BY TITLE ONLY AN ORDINANCE REPEALING THE PART OF PARAGRAPH 6.07-B OF ORDINANCE NO. 179,
SETTING AN EFFECTIVE DATE. THE PARAGRAPH DELETED READ AS FOLLOWS: "PROVIDED, HOWEVER, THAT NO ACCEPTANCE
BY THE CITY WILL BE MADE UNTIL BUILDING CONSTRUCTION ON AT LEAST TEN (10%) PERCENT OF THE LOTS IN SAID
SUBDIVISION HAS BEEN COMPLETED."
~TION BY COUNCILWOMAN MC KINLEY, SECONDED BY COUNCILMAN JOACHIM, TO ADOPT AN ORDINANCE REPEALING THE PART
PARAGRAPH 6.07-B OF ORDINANCE NO. 179, AND SETTING AN EFFECTIVE DATE.
ROLL CALL VOTE: AYES:
VICE MAYOR GRAY
COUNCILMAN GASS
" JOACHIM
COUNCILWOMAN MC KINLEY
MAYOR FLOOD
NAYS: NONE. CARRIED.
THE CITY CLERK READ FOR THE FIRST TIME IN ITS ENTIRETY AN ORDINANCE AMENDING ORDINANCE NO. 0.-78-4, "BUILD-
ING CONSTRUCTION ORDINANCE," AND PROVIDING AN EFFECTIVE DATE. MAYOR FLOOD EXPLAINED THAT THE CONSTRUCTION
BOARD HAD RECOMMENDED THAT ALL PAINTERS, DRYWALL PEOPLE AND SEVERAL PEOPLE WHO SPECIALIZE IN VARIOUS PHASES
OF CONSTRUCTION WORK SHOULD BE REQUIRED TO OBTAIN A SPECIAL LICENSES AND PROVIDE PROOF OF INSURANCE. A
PUBLIC HEARING WAS SET UP FOR OCTOBER 3.
MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILWOMAN MC KINLEY, TO ACCEPT THE FIRST READING OF AN ORDINANCE
AMENDING ORDINANCE NO. 0-78-4, "THE BUILDING CONSTRUCTION ORDINANCE," AND PROVIDING AN EFFECTIVE DATE.
ROLL CALL VOTE: AYES:
VICE MAYOR GRAY
COUNCILMAN GASS
" JOACHIM
COUNCILWOMAN MC KINLEY
MAYOR FLOOD
NAYS: NONE. CARRIED.
WAS CONSIDERABLE DISCUSSION CONCERNING THE 11% INCREASE IN RATES REQUESTED BY INDIAN RIVER CABLEVISION.
THIS WOULD INCREASE THE MONTHLY RATE FROM $6.50 TO $7.25. THIS IS THE FIRST RATE INCREASE REQUESTED SINCE
1976. THE PUBLIC WAS ADVISED THAT SUBSCRIBERS WHO PAY FOR THEIR NEXT YEARS'S SERVICE IN FULL BY OCTOBER 1
REGULAR COUNCIL MEETING, SEPTEMBER 10, 1979 (PAGE"~)'
DO SO AT THE OLD RATE. THIS WOULD ALSO APPLY TO SUBSCRIBERS WHOSE SERVICE CONTRACTS DO NOT COME DUE
MARCH.
MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILMAN JOACHIM, TO GRANT A RATE INCREASE TO INDIAN RIVER CABLE-
VISION FROM $6.50 PER MONTH TO $7.25.
ROLL CALL VOTE: AYES:
VICE MAYOR GRAY
COUNCILMAN GASS
" JOACHIM
MAYOR FLOOD
NAYS: COUNCILWOMAN MC KINLEY
CARRI ED.
THE CITY CLERK READ A LETTER ADDRESSED TO ARTHUR MAYER FROM ATTORNEY BURNEY CARTER RE: ALLEN BAKER, INDIAN
RIVER PLUMBING AND ELECTRIC, REQUESTING AN APPEAL TO THE CITY COUNCIL OF A DECISION MADE BY THE SEBASTIAN
CONSTRUCTION BOARD. MR. VOCELLE EXPLAINED THAT MR. BAKER FELT HE WOULD COME UNDER THE GRANDFATHER CLAUSE
FOR A LICENSE FOR HIS BUSINESS, BUT HE NEGLECTED TO MAKE APPLICATION BEFORE THE TIME LIMIT SET BY THE BOARD
EXPIRED. MR. CARTER THOUGHT IT WOULD BE A FRUITLESS EFFORT FOR MR. BAKER TO PUT IN AN APPLICATION TO THE
BOARD THAT WOULD ULTIMATELY BE TURNED DOWN AND WAS THUS ASKING FOR AN APPEAL. SINCE MR. CARTER WAS NOT
PRESENT AT THE MEETING, A SPECIAL MEETING WAS SET UP FOR 4:30 ON SEPTEMBER 13 FOR SURTHER DISCUSSION.
MAYOR FLOOD ADVISED THAT THE FLORIDA STATE STATUTES NOW HAVE A PROVISION WHEREBY PURCHASES CAN BE MADE UP
TO THE AMOUNT OF $2,500. WITHOUT GOING TO BID. AFTER SOME DISCUSSION IT WAS AGREED THAT WE SHOULD COMPLY
WITH THIS STATE PROVISION, BUT THE COUNCIL WOULD STILL APPROVE ALL SUCH PURCHASES.
MOTION BY COUNCILMAN GASS, SECONDED BY COUNCILWOMAN MC KINLEY, THAT PURCHASES UP TO THE AMOUNT OF $2,500. BE MADE WITHOUT GOING TO BID, BUT WITH THE APPROVAL OF THE CITY COUNCIL. CARRIED.
TO
~ROTECTION OF CERTAIN TREES. THE P~SE~--ORDINANCE EKCLUDE~% ' 'T~E R-1 PROPERTIES AND SOME OF OUR LANDSCAPE
MO~iO~ B~ CO~L~ ~O~C~M, ~CO~D~D B~C~O~C ~I~, ~O ~CC~ T~ ~T ~~ O~ ~ O~D~'~
~DIN~ O~ O~I~C~ ~N~ ~O ~ ~O~TIO~ O~ C~T~I~ ~ ~I~IN ~H~ CO~O~T~ ~IM~ O~ ~H~ CI~
O~ S~B~I~, ~O~ID~ ~ID~T~ING ~ IN~ ~~ O~ T~ O~IN~NC~ ~OVIDI~ D~T~O~ ~OVI~I~
~O~ ~ ~O~C~IO~ ~RIO~ ~O ~V~LOP~ ~S~~ ~ICIA~ ~S FO~ ~H~ CI~ O~ ~B~ ~B~I~I~
BUILDING OFFICIAL; ESTABLISHING PENALTIES; PROVIDINf- A RE~L CLAUSE; PROVIDING FOR SE~BLIITY AND PROVIDING
AN EFFECTIVE DATE.? ~.~-' ?<?~ ~.'~
~o~L CALL VOTe: A~S: V~C~ MA~OR~
CO~CI~ GASS
~ PUBBIC HE~RI~G ~IBB BE HE~D O~ OCTOBER 10 hT 7:00 P.~. ~0 DISCUSS THE
MAYOR FLOOD ASKED MR. VOCELLE WHAT PROCEDURE SHOULD BE FOLLOWED TO OBTAIN A REPLACEMENT FOR HIM AS CITY
ATTORNEY. MR. VOCELLE SUGGESTED THAT A LETTER SHOULD BE SENT TO ALL COUNTY ATTORNEYS ELICITING THEIR
IT WAS DECIDED THAT THE LETTER SHOULD SET A TiME LIMIT FOR REPLY - SEPTEMBER 17 AT 4:00 P.M.
'TER ALL REPLIES ATE RECIEVED, MAYOR FLOOD WILL SET UP INDIVIDUAL INTERVIEWS FOR EACH ATTORNEY WITH HIMSELF
ID THE CITY COUNCIL.
AS A TOKEN OF ESTEEM THE CITY CLERK PRESENTED TO MR. VOCELLE A TINY GAVEL, GIVEN WITH THE HEART. MAYOR
FLOOD THEN PRESENTED A REGUALR GAVEL TO MR. VOCELLE FROM THE CITY COUNCIL. THE INSCRIPTION READ: "TO THE
HONORABLE L. B. VOCELLE FOR DEDICATED SERVICE TO THE CITY OF SEBASTIAN, FROM 1958 TO 1979." MR. VOCELLE
STATED HE DID NOT REALIZED IT HAD BEEN T~T LONG. HE THANKED THE CITY CLERK, THE MEMBERS OF THE COUNCIL, AND
MAYOR FLOOD AND REMARKED THAT HE HAD ENJOYED HIS REPRESENTATION OF THE CITY DURING THE PAST YEARS. HE APPRE-
CIATED VERY MUCH THE CONFIDENCE THE CITY COUNCIL SHOWED TO HIM AND THE CONSIDERATION OF THE PEOPLE OF SEB-
ASTIAN.
MEETING ADJOURNED BY JUDGE VOCELLE AT 9:40 P.M.
CITY CLERK MAYOR