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HomeMy WebLinkAbout09111978505 REGULAR COUNCIL MEETING, SEPTEMBER 11, 1978 MAYOR FLOOD CALLED THE MEETING TO ORDER AT 7 P.M. PRESENT: VICE MAYOR LEWIS GRAY, COUNCILMEN EVERETT T. GASS, JOHN R. JOACHIM, AND CLIFFORD HOOSE, MAYOR PAT FLOOD, JR., AND CITY ATTORNEY, MR. L. B. VOCELLE. COUNCILMAN HOOSE PRESENTED A $25 CLASS E SAVINGS BOND TO MR. RICHARD VOTAPKA, WINNER OF THE CONTEST RENAMING THE SEBASTIAN YACHT CLUB THE "SEBASTIAN SOCIAL CENTER". COUNCILMAN HOOSE DONATED THE BOND. MINUTES OF THE PUBLIC HEARING OF AUGUST 14, REGULAR COUNCIL MEETING OF AUGUST 14 (AS AMENDED) AND PUBLIC HEARINGS OF SEPTEMBER 1, 5 AND 6 WERE APPROVED. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN GASS, TO PAY AUGUST BILLS IN THE AMOUNT OF $11,131.05. CARRIED. DURING THE 15 MINUTES FOR THE PUBLIC, SPIRITED DISCUSSIONS WERE HELD ON THE SUBJECTS OF 1978-79 BUDGETS AND THE PROPOSED RETIREMENT PLAN FOR CITY EMPLOYEES. VICE MAYOR GRAY REPORTED THE SPRINKLER SYSTEMS AT THE FOOTBALL FIELD HAVE BEEN INSTALLED BY THE CITY CREW AND THE GRASS WILL BE DELIVERED THIS WEEK. HE THANKED COUNCILMAN GASS AND HIS MEN FOR THEIR FINE COOPERATION AND ASSISTANCE. ON AUGUST 16, COUNCILMAN GASS PURCHASED A GOVERNMENT SURPLUS HEAVY DUTY 6X6 TRUCK WITH CONTINENTAL ENGINE AND 920 TIRES. THE ORIGINAL COST OF THE TRUCK WAS $12,313 WHEN NEW AND COUNCILMAN GASS WAS ABLE TO PURCHASE IT FOR $975. A STEEL BODY WAS PURCHASED FOR $35' AND A BID IS NOW BEING ADVERTISED FOR A HOIST. IT IS ANTICIPATED THE HOIST WILL COST ABOUT $1,500 INSTALLED. WITH THESE ADDITIONS, THE CITY WILL HAVE A GOOD SOLID DUMP TRUCK AT A TOTAL COST OF ABOUT $2,500. WHICH WAS $2,000 WHEN NEW. IN RESPONS~ TO A STATE,MT FR~ ~R. HENRY GROSS, COUNCILMAN GASS ADVISED THAT HE WAS NOT PAID FOR MAKINg T~ TRIPS T9 THE G~RNMENT SURPLUS DEPOTS. IF HE GOES ONUuTMBOEFR ~OFSIWLIETsHDHRIi~E~W.N AUTOMOBILE, ~, H~ IS__R~IMBU~D FOR THE GAS. HE IS NOT PAID FOR COUNCILMAN GASS REPORTED HIS DEPARTMENT HAS B/EF~k~UNA~LEqTO COMPLETE THE DRAINAGE PROJECT ON TEMPLE AVENUE. HE IS AWAITING APPROVAL FROMf F~R~D;. ~A~T COAST RAILROAD TO RELOCATE THE DITCH EAST OF LOUISIANA AVENUE. THERE ARE OTHER FACTORS f~'VOLVE~.~ HOWEVER, AND IT MAY BE NECESSARY TO DO SOME OTHER WORK ON LOUISIANA AVENUE TO ELIMINATE THS DBA1N~ PROBLEM. WORK HAS COMMENCED AT THE SOCIAL CENTER PARK~_~T.~IT WILL BE LEVELED, COATED, AND PARKING SPACES WILL BE MARKED OFF WITH PAINT. ALSO, THE EXISTING PARKING SPACES IN THE WASHINGTON SHOPPING PLAZA WILL BE REPAINTED AND THE PARKING SPACES IN THE REAR OF THE BUILDING AS WELL AS THE SOUTHSiDE NUMBERS. COPIES OF 9%u,E-'LI~IUC~S ¥~A~BE~IVt}N-~TO~ POS?-OFFIt=~ A5~1~ Cd~P~IES--Wi~L-L BE AVAILABLE IN CITY HALL. COUNCILMAN GASS ASKED THE CITY ATTORNEY TO REVIEW THE PRESENT LAND CLEARANCE ORDINANCE AS IT PERTAINS, PARTICULARLY, TO THE NUMBER OF DAYS ALLOWED TO HAVE THE WORK DONE. COUNCILMAN JOACHIM ANNOUNCED SERGEANT FELTHOUSEN HAS R__E.S.~GNED FROM THE POLICE DEPARTMENT. INTERVIEWS SATISFACTORILY. POSSIBLY BY THE NEXT COUNCIL MEETING A REPORT WILL BE MADE ON THE AUXILIARY POLICE PROGRAM. COUNCILMAN HOOSE REMINDED THE COUNCIL THAT SEVERAL MONTHS AGO HE WAS ASKED TO MEET WITH THE CITY ATTORNEY CONCERNING THE FEASIBILITY OF MANDATORY GARBAGE SERVICE IN THE CITY. SEVERAL MEETINGS HAVE BEEN HELD WITH MR. FRYER (RURAL SANITATION) AND MR. NIELSON (ASST. COUNTY ADMINISTRATOR). IT IS NOW UP TO THE PEOPLE TO DECIDE WHETHER OR NOT THEY WANT IT. HE RECOMMENDED IT BE PUT ON THE DECEMBER BALLOT FOR REFERENDUM. MR. VOCELLE STATED THE BIGGEST PROBLEM WOULD BE ENFORCEMENT. RURAL SANITATION WOULD BILL THE CUSTOMERS, BUT THE CITY WOULD HAVE TO ENFORCE PAYMENT. MR. GRAY ADDED THAT AS IT NOW STANDS, WHEN A CUSTOMER DOES NOT PAY, IT'S RURAL SANITATION'S PROBLEM. COUNCILMAN HOOSE FEELS THE MANDATORY SYSTEM WOULD ELIMINATE SOME OF THE ILLEGAL DUMPING IN THE HIGHLANDS, i.e., "WHY TAKE THE TROUBLE TO GO OUT AND DUMP iF YOU ARE PAYING FOR GARBAGE SERVICE?" THE CITY ATTORNEY REFERRED TO THE "VARIANCE BOARD". THE COURTS, AS HE UNDERSTANDS IT, INDICATE THE CITY COUNCIL~ HAVE THE AUTHORITY TO DETERMINE WHETHER OR NOT A MATTER SHOULD BE REFERRED TO A VARIANCE BOARD. THE SUPREME COURT OF FLORIDA STATES THAT "iF GRANTED UNRESTRICTED POWERS TO AMEND THE ZONING ORDINANCE BY CHANGING COMPLETELY THE AUTHORIZED USES OF PARTICULAR LANDS, THE EFFECT WOULD BE TO TRANSFER THE LEGISLATIVE POWERS OF THE MUNICIPALITY TO A NON-LEGISLATIVE ADMINISTRATIVE AGENCY". IN OTHER WORDS, THE BOARD HAS THE POWER TO ACTUALLY LEGISLATE. "IN SEEKING A VARIANCE OF THE ZONING REGULATIONS ON THE GROUND OF A UNIQUE OR UNNECESSARY HARDSHIP, A PROPERTY OWNER CANNOT AVAIL OF THE BENEFIT OF A SELF-CREATED HARDSHIP. A VARIANCE SHOULD NOT BE GRANTED WHERE THE USE TO BE AUTHORIZED THEREBY WOULD ALTER THE ESSENTIAL CHARACTER OF THE LOCALITY OR INTERFERE WITH THE ZONING PLANS OF THE AREA OR THE RIGHTS OF OWNERS OF OTHER PROPERTY". IN A SITUATION AS PRESENTED BY MR. SIMPSON, WHERE A NEW CONSTRUCTION IS PROPOSED, IT WOULD BE MR. VOCELLE'S OPINION THAT IT WOULD NOT BE A HARDSHIP AND SHOULD NOT BE REFERRED TO THE VARIANCE BOARD. THE COUNCIL DOES HAVE THE AUTHORITY TO DETERMINE WHETHER OR NOT A MATTER SHOULD BE SENT TO THE VARIANCE BOARD. ONCE THE VARIANCE BOARD IS GIVEN THE AUTHORITY, AND THEY GRANT IT, IT IS NOT APPEALABLE TO THE CITY COUNCIL. REGULAR COUNCIL MEETING, SEPTEMBER 11, 1978 (CON'D 1) CHIEF CUMMINS OPTED 210 COMPLAINTS ANSWERED BY THE POLICE DEPARTMENT DURING AU~JST~ NOT INCLUDING TRAFFIC STOPS. THE BUILDING DEPARTMENT ISSUED 14 SINGLE FAMILY HOUSING PERMITS DURING AUGUST FOR AN EVALUATION OF $403,600. TOTAL NEW CONSTRUCTION FOR THE MONTH AMOUNTED TO $437,809. MR. WALTER CANDELET, CHAIRMAN OF THE ZONING AND PLANNING COMMISSION, PRESENTED A REPORT OF THE ACTIVITIES OF THE COMMISSION DURING AUGUST. DURING ONE OF THE MEETINGS, ONE OF THE MEMBERS OF THE COMMISSION UNDERSTOOD MR. PAUL STEVENSON TO HAVE SAID THERE WERE 3500 GALLONS OF GASOLINE IN THE ABOVE-GROUND TANKS AT THE REAR OF HIS LOT AT THE CORNER OF SR 512 AND US-1. IF THIS IS CORRECT, MR. CANDELET SAID THERE IS A DEFINITE HAZARD EXISTING AT THAT LOCATION SUCH AS PIPING AND VALVES FROM THE TANKS EXTENDING DOWN THE FACE OF THE WALL. MR. STEVENSON CORRECTED MR. CANDELET STATING THAT HE HAD NOT SAID ANYTHING ABOUT THERE BEING GASOLINE IN THE TANKS. AS FAR AS HE KNEW, THE TANKS HAD BEEN PUMPED DRY AND HE DID NOT REMEMBER MAKING ANY SUCH REMARK. HE REITERATED, THAT TO THE BEST OF HIS KNOWLEDGE, THERE IS NO GASOLINE IN ANY OF THE TANKS. MR. CANDELET READ HIS LETTER OF RESIGNATION AS CHAIRMAN OF THE ZONING & PLANNING COMMISSION TO TAKE EFFECT SEPTEMBER 11, 1978. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILMAN JOACHIM, TO ACCEPT WITH REGRETS THE RESIGNATION OF MR. WALTER CANDELET AS CHAIRMAN OF THE ZONING & PLANNING COMMISSION AND TO EXTEND THE THANKS OF THE COUNCIL FOR HIS PAST PERFORMANCE. CARRIED. TWO RESIDENTS OF THE HIGHLANDS COMPLAINED IN A LETTER THAT THE MOSQUITO CONTROL TRUCK DOES NOT SERVICE THEIR AREA, AND THEY WOULD LIKE TO SEE~A~S~T~S ~N~ABOUT IT. MAYOR FLOOD STATED HE WILL THE CITY CLERK READ A PROCLAMATION DE~TING THE ~ OF ~C~OBER 8, 1978 AS NATIONAL BEAUTY SALON WEEK. ~ ~ COUNCIL~N JOACHIM REQUESTED THE USE OF~E C~NI~ CENTER, WITHOUT CHARGE, FOR THE COUNCIL ON AGING ON THE THIRD WEDNESDAY OF EVERY MONTH FROM 1:00 TO 3:30 P.M. MOTION BY COUNCIL~ GASS, SECONDED BY COUNC~L~.N%H60~ TO ALLOW THE COUNCIL ON AGING THE USE OF THE COM~NITY CENTER, WITHOUT CHARGE, ON THE ThIRD~DNESDAY OF EVERY MONTH FROM 1 to 3:30 P.M. CARRIED. ~ THE CITY CLERK READ A ~TTER FROM MR. PAUL S~O~N WHICH HE STATED HE FELT HE IS BEING DISCRIMINATED AGAINST. (THIS IS IN REFERENCE TO THE ZONING & PLANNING COMMISSION'S RECOMMENDATION FOR IMPROVING ACCESS~ ~ THE~ M~E~N~ iS ~TIATING ZO~AS~ A ~AR SALES LOT.) EXPECT ALL OTHER B IN RESPONSE TO MR. STE ENSON'S COMPLAINT, THE CITY ATTORNEY OUTLINED THE PROCEDURE MR. STEVENSON WOULD BE REQUIRED TO FOL~W. FIRST, HE ~ST APPLY TO THE ~ONING & P~NNING COMMISSION FOR APPROVAL OR DISAPPROVAL OF THE SITE PLA~. IF IT IS DISAPPROVED, THEN MR. STEVENSON WOULD HAVE TEN DAYS TO FILE A WRITTEN ~PEAL TO THE CITY CLERK, AND THE CITY CLERK HAS TO SET UP A PUBLIC HEARIN~ FOR THE ~PEAL. HE EXPLAINED FURTHER THE COUNCIL IS PROHIBITED FROM TAKING ANY ACTION UNTIL THERE HaS BEEN AN APPROVAL OR DISAPPROVAL BY THE ZONING ~ P~NNING COMMISSION. THE SEBASTIAN VOLUNTEER FIRE DEPARTMENT & AMBULANCE SQUAD REQUESTED PERMISSION TO USE THE COMMUNITY CENTER ON OCTOBER 21, 1978 AND TO SERVE ALCOHOLIC BEVERAGES, AND TO WAIVE ANY CHARGES. MOTION BY COUNCILMAN GASS, SECONDED BY VICE MAYOR GRAY, TO ALLOW THE SEBASTIAN VOLUNTEER FIRE DEPARTMENT AND THE AMBULANCE SQUAD TO USE THE COMMUNITY CENTER, AT NO CHARGE, FOR A DANCE ON OCTOBER 21 AND TO PERMIT THE SERVING OF ALCOHOLIC BEVERAGES. CARRIED. MAYOR FLOOD ANNOUNCED THE FOLLOWING MEETINGS HAVE BEEN SCHEDULED: SEPTEMBER 15 - PUBLIC HEARING ON PROPOSED TAX INCREASE SEPTEMBER 21 - SPECIAL MEETING ON CHARTER REVISION SEPTEMBER 21 - SPECIAL MEETING WITH GDC ON WORKING AGREEMENT WITH THE CITY SEPTEMBER 29 - MEETING TO FINALIZE THE BUDGET MAYOR FLOOD URGED THE PUBLIC TO VOTE IN THE PRIMARIES ON SEPTEMBER 12th. THE ~£~TY CLERK READ, BY TITLE ONLY, THE ORDINANCE REQUIRING FENCING OF SWIMMING POOLS; RESTRICTIONS AS. TO DIVING BOARDS AND LADDERS; AND PROVIDING AN EFFECTIVE DATE. THERE HAS BEEN A PUBLIC HEARING ~N THIS ORDINANCE AND AN AMENDMENT MADE UNDER ITEM (1) "THE SOUTHERN STANDARD BUILDING CODE" WAS CHANGED TO "THE BUILDING CODE AS ADOPTED BY THE CITY OF SEBASTIAN". MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILMAN GASS, TO ADOPT THE ORDINANCE, AS AMENDED, REQUIRING FENCING OF SWIMMING POOLS. ROLL CALL VOTE: AYES: VICE MAYOR GRAY, COUNCILMEN GASS, JOACHIM AND HOOSE, AND ~R~.OR FLOOD. NAYS: NONE CARRIED REGULAR COUNCIL MEETING, SEPTEMBER 11, 1978 (CON'D 2) MR. VOCELLE RECOMMENDED THE BIDS FOR THE CEMETERY ROADWAY BE REJECTED AND RE-ADVERTISED. WITH REFERENCE TO THE REST ROOMS AT THE TENNIS COURTS, MAYOR FLOOD ADVISED THAT HE HAS NOT YET BEEN ABLE TO TALK TO INDIAN RIVER FEDERAL, WHO IS DONATING ITS PRESENT BUILDING TO THE CITY. THE BUILDING WILL BE USED IN PART AS RESTROOMS AT THE TENNIS COURTS AND PARTLY AS A STORAGE AREA. THE CONTRACT FOR THE NEW BUILDING FOR INDIAN RIVER FEDERAL SAVINGS & LOAN ASSOCIATION HAS BEEN LET AND CONSTRUCTION SHOULD BE STARTED WITHIN THE NEXT 30 DAYS. THE TANK TYPE SPRAYER HAS BEEN PUT OUT FOR BID AND ONE BID WAS RECEIVED. HOWEVER, COUNCILMAN GASS EXPLAINED THE MATTER WILL BE HELD IN ABEYANCE UNTIL IT IS DETERMINED WHAT GDC PLANS TO DO. THE CITY CLERK READ BY TITLE ONLY THE ORDINANCE ENTITLED,"UTILITIES ORDINANCE," GIVING DEFINITIONS, PROCEDURES AND STANDARDS, AUTHORIZING THE ISSUANCE OF UTILITY Pa~M~RANCHISES, SETTING FINES FOR VIOLATION; AND ESTABLISHING AN EFFECTIVE DATE. (THE AMEND~T~PE_P~A_~ING TO RATES RECOMMENDED BY THE CITY ENGINEER - ITEM NO. 6 - WAS READ.) MOTION BY COUNCILMAN HOOSE, SECONDED BY COUNCILMAN GASS, TO ACCEPT THE ABOVE ORDINANCE. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GRAY, COUNCILMEN GASS, JOACHIM AND HOOSE, AND MAYOR FLOOD. NONE CARRIED. MR. VOCELLE READ THE THREE AMENDMENTS TO THE PROPOSED ORDINANCE ON THE CONTROL OF ANIMALS AND THE CITY CLERK READ THE ORDINANCE BY TITLE ONLY. MOTION BY COUNCILMAN JOACHIM, SECONDEDF~'~OU~L~S~ADOPT THE ORDINANCE ON THE CONTROL OF ANIMALS~ AS AMENDED~.O-~'~) ' '-~ -- -- ~V/ \! ROLL CALL VOTE: AYES: VICE MAYOR 6~ COUNC1-LF~EN GA~, JOACHIM AND HOOSE AND ~YOR FLOOD. THE CITY CLERK READ T~E RESOLUTION ESTABLISHI/~EE~EDEEM ANIMALS. MOTION BY COUNCILMAN JOACHIM, SECONDED BY VICE ~AYO~ ~AY, TO ACCEPT THE RESOLUTION ESTAbliSHiNG FEES TO REDEEM ANIMALS. CARRIED (R-78-17) ~ REFERRING TO THE REQUEST FOR THE ABANDONMENTO~WE~SFM_~NTS BETWEENLOTS 12 AND 13, BLOCK 4, SEBASTIAN GROVE ESTATES S/D, THE CITY CLERK STATED THERE~AS ONE RESTRICTION FROM THE FLORIDA POWER & LIGHT COMPANY - THAT THE SOUTHERLY 20' OF THE SUBJECT EASEMENT BE RETAINED IN ORDER THAT THEY CAN CONTINUE MOTIONS WERE MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILMAN JOACHIM, TO CARRY OVER $800 FOR A TYPEWRITER FOR THE CITY CLERK'S OFFICE. CARRIED. ~ ~ - ~ ~ MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILMAN GASS, TO CARRY OVER $3500 IN THE PARKS & RECREATION DEPARTMENT FOR THE REST ROOMS AND THE SOD ON THE FOOTBALL FIELD. CARRIED. ~ ~ ~ MOTION BY COUNCILMAN JOACHIM, SECONDED BY VICE MAYOR GRAY, TO CARRY OVER $17,265.76 IN THE FEDERAL REVENUE SHARING ACCOUNT FOR CHARTER RECODIFICATION AND GENERAL RECREATION (INCLUDING DOCK AND BASKETBALL COURT). CARRIED. ~ /~ -'7 g ~ ! ~ ~ MAYOR FLOOD INDICATED THE DEPARTMENT OF REVENUE HAD A TEAM IN THE AREA INVESTIGATING THE SUBJECT OF EQUITABLE PROPERTY EVALUATION BUT NO REPORT HAS BEEN RECEIVED TO DATE. MAYOR FLOOD REQUESTED PERMISSION TO ADVERTISE FOR A STREET DEPARTMENT SUPERVISOR. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN HOOSE, TO ADVERTISE FOR A SUPERINTENDENT FOR THE STREET DEPARTMENT. CARRIED. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILMAN GRAY, TO TABLE THE STREET DEPARTMENT RESOLUTION ENCUMBERING FUNDS. CARRIED. AFTER A BRIEF DISCUSSION ON BURNING, THE CITY ATTORNEY WAS ASKED TO EXAMINE ORDINANCES AND STATUTES, REPORTING AS SOON AS POSSIBLE HIS FINDINGS. THE MEETING WAS ADJOURNED AT 9:50 P.M. Mayor