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HomeMy WebLinkAbout10131975REGULAR MEETING - OCTOBER 13, 1975 MEETING CALLED TO ORDER BY MAYOR F. EUGENE CRAGG AT 7 P.M. PRESENT: VICE MAYOR CLIFFORD HOOSE, COUNCILMAN "SKIP" GRAY, JAMES C. KINARD, PAT FLOOD. JR., MAYOR CRAGG AND MR. L. B. VOCELLE. A PLAQUE WAS PRESENTED POSTHUMOUSLY BY MAYOR CRAGG TO MRS. YATES HONORING HER HUSBAND, ERVIN YATES, WHO SERVED ON THE CITY COUNCIL FROM 1966 TO 1975. MRS. YATES WAS ALSO PRESENTED WITH A WRISTWATCH AND A $400 DONATION FOR THE SEBASTIAN FOOTBALL TEAM. MRS. YATES THANKED MAYOR CRAGG COMMENTING THE $400 DONATION WILL BE USED TO BUY UNIFORMS. THE SEBASTIAN TEAM WOULD LIKE TO START A LEAGUE OF THEIR OWN SIMILAR TO THE SEBASTIAN BASEBALL TEAMS, THUS PRECLUDING HAVING TO PAY THE YMCA $13 A CHILD. MINUTES OF REGULAR COUNCIL MEETING OF SEPTEMBER 8 AND OPENING OF BIDS AT WORKSHOP MEETING 3 SEPTEMBER 1975 WERE APPROVED AS WRITTEN. MOTION BY VICE MAYOR HOOSE, SECONDED BY COUNCILMAN GRAY, TO PAY SEPTEMBER BILLS IN THE AMOUNT OF $16,319.88. VICE MAYOR HOOSE REPORTED ON THE FINANCIAL STATUS OF THE CENTENNIAL + 10 CELEBRATION. THE CITY ORIGINALLY LOANED THE COMMITTEE $5,000. A TOTAL OF $5,516.73 WAS EXPENDED, $516.73 MORE THAN THE AMOUNT ALLOTTED BY THE CITY. THERE ARE QUITE A FEW SOUVENIRS ON HAND, HOWEVER, THE DOLLAR VALUE OF WHICH WILL BE SUBTRACTED FROM THE $5,516.73. THE FINANCIAL STATEMENT AS PRESENTED WILL BE MADE A PART OF THE MINUTES OF THIS MEETING. (COPY ATTACHED) COUNCILMAN FLOOD ASKED TO GO ON RECORD REQUESTING THE CITY NOT PAY ANYTHING OTHER THAN THE FRANCHISE FEE FOR FUTURE MISS SEBASTIAN PAGEANTS. HE DOES NOT FEEL THE PROGRAM SHOULD BE SUPPORTED BY THE TAXPAYERS, OTHER THAN THE FRANCHISE FEE. COUNCILMAN FLOOD ASKED THE CITY CLERK TO DISCONTINUE MONTHLY RENTAL OF THE JUKE BOX BY THE TEEN CLUB IN VIEW OF THEIR DISBANDMENT. HE ALSO ASKED THAT THE MONEY TURNED IN TO HIM BY THE CLUB BE DEPOSITED IN A SPECIAL ACCOUNT TO DRAW INTEREST FOR THE CLUB. COUNCILMAN FLOOD WILL VISIT THE DEPARTMENT OF NATURAL RESOURCES AT TALLAHASSEE NEXT WEEK TO COMPLETE PLANS FOR USING THE $50,000 GRANT GIVEN TO THE CITY FOR THE WATERFRONT PARK. BIDS WILL BE ADVERTISED AND IT IS ANTICIPATED THE WORK WILL BE COMPLETED BY FEBRUARY EXCEPT FOR DREDGING THE CHANNEL, WHICH SHOULD BE DONE IN THE SPRING. COUNCILMAN FLOOD WILL CONDUCT A SURVEY OF THE STREET LIGHTS IN SEBASTIAN HIGHLANDS ON THURSDAY, OCTOBER 16. MR. MUMM, BUILDING INSPECTOR, REPORTED A TOTAL OF $53,400 IN NEW CONSTRUCTION DURING SEPTEMBER. THE POLICE DEPARTMENT REPORTED 131 COMPLAINTS ANSWERED DURING SEPTEMBER, NOT INCLUDING TRAFFIC STOPS. AT A MEETING LAST WEEK, SEBASTIAN AND FELLSMERE POLICE DEPARTMENTS WERE LISTED AS TOP PRIORITY AGENCIES TO RECEIVE LEAA FUNDS FOR RADIO SYSTEMS. CHIEF CUMMINS WILL ATTEND A MEETING NEXT WEEK AT WHICH TIME HE WILL BE TOLD IF SEBASTIAN IS TO RECEIVE THE FUNDS. THE CLERK READ A LETTER TO THE MAYOR FROM THE CITY ATTORNEY REGARDING THE APPOINTMENT OF COUNCILMAN FLOOD AS ARBITRATOR FOR THE CiTY ON THE AIR CONDI'TIONING AT THE COMMUNITY CENTER. MR. VOCELLE QUOTED STANDARD FORM ARBITRATION PROCEDURE D201, PARA. 6. "NO PARTY OR PERSON OR BODY AUTHORIZED BY THE PARTIES TO SELECT ARBITRATORS SHALL SELECT ANY PERSON KNOWN TO HAVE ANY FINANCIAL,BUSINESS OR FAMILY RELATIONS WITH EITHER PARTY OR ANY RELATION WHICH WOULD TEND TO PREJUDICE EITHER PARTY'S RIGHT TO A FAIR AND IMPARTIAL AWARD." THEREFORE, ANOTHER ARBITRATOR MUST BE APPOINTED BY THE CITY. MOTION BY VICE MAYOR HOOSE, SECONDED BY COUNCILMAN GRAY, TO ASK MR. CARL DAPPEN, PRESIDENT OF THE SEBASTIAN VOLUNTEER FIRE DEPARTMENT, TO ACT AS ARBITRATOR FOR THE CITY OF SEBASTIAN ON THE AIR CONDITIONING CONTROVERSY. (RESUME OF MR. DAPPEN ATTACHED) SENATORS STONE AND CHILES HAVE RESPONDED TO MRS. PHELAN'S REQUEST FOR ASSISTANCE IN OBTAINING A WAIVER TO THE REQUIREMENTS OF HAVING CENTRAL WATER AND SEWAGE SYSTEMS BEFORE AN APPLICATION FOR LOAN FOR RURAL HOUSING IS APPROVED BY THE FARMERS HOME ADMINISTRATION. SENATOR STONE HAS CONTACTED MR. FRANK ELLIOTT, ADMINISTRATOR OF FARMERS HOME ADMINISTRATION, AND SENATOR CHILES HAS CONTACTED THE STATE DIRECTOR OF FARMERS HOME ADMINISTRATION IN GAINESVILLE. BOTH SENATORS HAVE PROMISED TO ADVISE MRS. PHELAN WHEN REPLIES HAVE BEEN RECEIVED. THE LADIES SOFTBALL TEAMS EXPRESSED THEIR THANKS IN A LETTER TO COUNCILMAN FLOOD FOR USE OF THE BALL FIELD COMPLETE WITH LIGHTS. THEY HOPE TO WORK WITH SPONSORS NEXT YEAR AND TO GET COLLECTIONS TO HELP DEFRAY EXPENSES. REQUESTS FOR STREET LIGHTS FROM MRS. PHYLLIS MECKER ON DELMONTE STREET AND MR. WOODROW NE~ ON DEGAN PLACE, WERE TURNED OVER TO COUNCILMAN FLOOD FOR ACTION. MRS. IRENE MENSER INVITED MAYOR CRAGG TO PARTICIPATE IN THE BICENTENNIAL PARADE, AS WELL AS THE OPEN CEREMONIES AT THE CIVIC ARTS CENTER ON SUNDAY. OCTOBER 19. REGULAR MEETING - OCTOBER 13, 197_5_ (_C_ONT'~D~. THE INDIAN RIVER COUNTY HEALTH DEPARTMENT HAS SENT A LETTER TO EACH OF THE SEPTIC TANK COMPANIES ADVISING THEM THE CONSTRUCTION PERMIT ISSUED BY BOB JENNINGS' OFFICE IS THE LEGAL AUTHORIZATION TO INSTALL A SEPTIC TANK' SYSTEM. FOR APPROVAL BY HIS OFFICE, THE INSTALLED SYSTEM MUST BE AS WRITTEN ON THE PERMIT. ANY DEVIATION MUST BE AGREED TO IN WRITING BEFORE THE INSTALLATION IS MADE. A PUBLIC HEARING ON THE FY 1975-1976 BUDGET WILL BE HELD IN CITY HALL, MONDAY, OCT 20, 1975, 7:30 P.M. i PETITIONS FOR THE SEATS OF COUNCILMAN AND MAYOR ARE AVAILABLE IN CITY HALL AND MUST BE RETURNED NO LATER THAN 4 P.M., FRIDAY, NOVEMBER 7, 1975. REGISTRATION TO VOTE IN THE CITY ELECTION CLOSES OCTOBER 24. VOTERS MAY REGISTER AT THE COUNTY COURTHOUSE THRU OCTOBER 24 AND AT CITY HALL FROM 9 A.M. TO 4 P.M., OCTOBER 20 THRU THE 24TH. EVENING REGISTRATIONS CAN BE MADE AT CITY HALL ON WEDNESDAY, OCTOBER 22, 7 TO 9 P.M. VICE MAYOR HOOSE REPORTED ON THE BICENTENNIAL MEETING. IF ANY SEBASTIAN ORGANIZATIONS WOULD LIKE TO PARTICIPATE IN THE PARADE SUNDAY, CONTACT MRS. PHELAN AND A SPOT WILL BE FOUND FOR THEM. FOUR PLAQUES WILL BE PRESENTED TO THE PARTICIPANTS AND VICE MAYOR HOOSE COMMITTED THE CITY TO PAY FOR ONE OF THE PLAQUES (ABOUT $40). UNITS PARTICIPATING IN THE PARADE MUST BE IN PLACE AT THE JAYCEE PARK AT 12 O'CLOCK NOON. THE PARADE WILL START AT 1 P.M. CITY OF SEBASTIAN CENTENNIAL + 10 SOUVENIRS WILL BE ON SALE. NO BIDS HAVE BEEN RECEIVED FOR LOT MOWING AS A RESULT OF RECENT ADVERTISING. A LETTER WAS RECEIVED INDICATING AN INTEREST IN SECURING LOT MOWING JOBS, BUT NO BID WAS SUBMITTED. COUNCILMAN GRAY AGREES WiTH THE STREET DEPARTMENT FOREMAN THAT THE CITY CANNOT CONTINUE TO CLEAR OR MOW LOTS AT $10 AN HOUR AND RECOMMENDED IT BE INCREASED TO $15. HE AGREED THE CITY WOULD MOW THOSE LOTS ON WHICH COMPLAINTS HAVE BEEN RECEIVED AND APPROVAL HAS BEEN GIVEN BY THE OWNERS TO HAVE THE CITY CLEAR THE LOTS FOR THEM; HOWEVER, THE CITY WILL READVERTISE FOR BIDS AT A LATER DATE. MOTION WAS MADE BY COUNCILMAN GRAY TO MOW THE LOTS REQUESTED BY THE PUBLIC FOR THE TIME BEING, AND TO INSTITUTE A RATE INCREASE TO $15 AN HOUR EFFECTIVE THIS DATE. SECONDED BY COUNCILMAN FLOOD AND CARRIED. IN RESPONSE TO A QUESTION BY THE CLERK, MR. VOCELLE STATED WHEN THE CITY IS FORCED TO MOW LOTS WITHOUT THE OWNERS' PERMISSION, ALL CHARGES CAN BE ADDED TO THE LIEN ASSESSMENT. THIS WOULD INCLUDE POSTAGE AND ADMINISTRATIVE CHARGES. THE CITY CLERK READ IN ITS ENTIRETY THE PROPOSED ORDINANCE AMENDING SECTION 3-4 DELETING THE ANNUAL FEE FOR SIGNS NOT LOCATED ON BUSINESS PREMISES. MOTION BY COUNCILMAN GRAY TO HOLD A PUBLIC HEARING ON THE PROPOSED ORDINANCE PRIOR TO THE REGULAR COUNCIL MEETING NOVEMBER 10, 1975 AT 7 P.M. SECONDED BY VICE MAYOR HOOSE AND CARRIED. A FURTHER STUDY WILL BE MADE OF OTHER THAN STATE OF FLORIDA RETIREMENT PLAN FOR CITY EMPLOYEES. MOTION BY COUNCILMAN FLOOD, SECONDED BY COUNCILMAN KINARD, TO TABLE THE RETIREMENT PLAN TO GIVE THE COMMITTEE TIME TO STUDY THE MATTER FURTHER. CARRIED. RELOCATION OF THE CHAMBER OF COMMERCE BUILDING WAS DISCUSSED. COUNCILMAN FLOOD REPORTED THE CHAMBER HAS SUGGESTED THEY NOT HOOK UP TO THE WATER AND SEPTIC TANK BELONGING TO THE CITY, THAT THEY WOULD CONTINUE TO USE BOTTLED WATER AND USE THE REST ROOM LOCATED IN THE SANITARIAN'S OFFICE IN CITY HALL. MAYOR CRAGG COMMENTED IF THE CHAMBER BUILDING WERE RELOCATED ON CITY PROPERTY AND HOOKED UP TO THE PUMP AND SEPTIC TANK, HE DID NOT FEEL THE CITY SHOULD BEAR THE EXPENSE INVOLVED. ALSO, THAT THE PLACEMENT OF THE BUILDING ON CITY PROPERTY WOULD REDUCE THE NUMBER OF PARKING SPACES IN THE REAR OF CITY HALL. MR. VOCELLE ADVISED THE CHAMBER THAT WHEN ITS BUILDING IS PLACED ON CITY PROPERTY, IT BECOMES A CITY OWNED BUILDING. SHARI BERGBOM, REPRESENTING THE CHAMBER, STATED THE CHAMBER'S ORIGINAL REQUEST WAS FOR A LEASE FOR A.SPECIFIC LENGTH OF TIME. HOWEVER, IF THEY ARE GIVEN A LEASE FOR AN UNDETERMINED NUMBER OF YEARS, THEY WOULD GIVE SERVICES IN-KIND TO THE CITY AND THEY FEEL THEY COULD JUSTIFY~.SUCH AN ARRANGEMENT. COUNCILMAN FLOOD ASKED THAT A SPECIAL MEETING BE CALLED AFTER THE PUBLIC HEARING ON MONDAY, OCTOBER 20 TO GIVE THE CHAMBER A CHANCE TO CHECK WITH THE HEALTH DEPARTMENT ABOUT WORKING OUT OF A BUILDING WHICH HAD NO WATER OR SEWER HOOK-UP. MR. VOCELLE WILL CHECK WITH THE MAYOR AT NEW SMYRNA BEACH AND MRS. PHELAN WILL TALK TO THE LEAGUE OF CITIES. AT THE SEPTEMBER 8 COUNCIL MEETING, COUNCILMAN FLOOD WAS ASKED TO VERIFY WHAT CONSTITUTED "LOW" AND "HIGH" VOLTAGE. THE 1975 NATIONAL ELECTRIC CODE LISTS LOW VOLTAGE AS 50 VOLTS AND BELOW, AND HIGH VOLTAGE AS 51 VOLTS AND ABOVE. WHEN QUESTIONED BY THE MAYOR AS TO THE VOLTAGE OF FLASHING SIGNS WITHIN THE CITY LIMITS, COUNCILMAN FLOOD REPLIED THEY ARE 125 VOLTS, SO BY CITY ORDINANCE THEY ARE ILLEGAL. MR. MUMM, BUILDING INSPECTOR, RECOMMENDED THAT SECTION 3-10 (C) OF THE SIGN ORDINANCE BE CHANGED TO READ "HIGH INTENSITY" AND TO LIMIT THE SIZE OF THE WATTAGE OF THE BULBS TO 40. MR. VOCELLE, CITY ATTORNEY, WAS ASKED TO PREPARE AN ORDINANCE AMENDING SECTION 3-10-C WHICH NOW READS "NO SIGNS USING A HIGH VOLTAGE FLASHING ILLUMINATION ARE PERMITTED," TO READ "NO SIGNS WITH HIGH INTENSITY LIGHTS ARE PERMITTED, NO BULBS IN EXCESS OF 40 WATTS, AND ALL SIGN ATTACHMENTS ARE TO COMPLY WITH THE NATIONAL ELECTRIC CODE. MR. VOCELLE WILL HAVE THE PROPOSED ORDINANCE READY FOR THE NEXT COUNCIL MEETING. COUNCILMAN FLOOD REPORTED A WIRE LAYING ACROSS THE DRIVEWAY AT ONE OF THE LOCAL BUSINESS ESTABLISHMENTS (TASTEE RREE~ THE BUILDING INSPECTOR WILL CHECK INTO IT AND HAVE THE OWNER PLACE THE WIRE UNDERGROUND. MOTION BY VICE MAYOR HOOSE TO ADVERTISE FOR A NEW POLICE CAR. SECONDED BY COUNCILMAN GRA~ AND CARRIED. MAYOR CRAGG RECEIVED A MAP OF THE LAYOUT OF THE SEBASTIAN CEMETERY FROM FLIP LLOYD. PART -2- 16 REGULAR MEETING - OCTOBER 13, 1975 (CONT'D) OF THE LAND, WHICH IS UNDEVELOPED, IS NOT WITHIN THE CITY LIMITS BUT THE CITY HAS TITLE TO IT. THE CITY ATTORNEY WAS ASKED TO PETITION THE COUNTY TO ANNEX THE LAND. MR. VOCELLE WILL REVIEW THE MAP WITH THE CITY ENGINEER BEFORE BEGINNING ANNEXATION PROCEDURES. MOTION BY COUNCILMAN FLOOD, SECONDED BY COUNCILMAN GRAY, TO APPROVE REQUEST BY THE MISS SEBASTIAN PAGEANT COMMITTEE TO SERVE ALCOHOL AT ITS DANCE ON OCTOBER 25 AND TO APPROVE THE SEBASTIAN MEDICAL CENTER'S REQUEST TO SERVE ALCOHOL AT ITS SOCIAL ON OCTOBER 24 AND TO PERMIT THEM TO EXTEND THE CLOSING HOUR TO 1 A.M. CARRIED. THE CITY CLERK READ THE RESOLUTION VACATING, ABOLISHING, ABANDONING AND DISCONTINUING EASEMENT BETWEEN LOTS 9 AND 10, BLOCK 70, SEBASTIAN HIGHLANDS SUBDIVISION #2, RECORDED IN PLAT BOOK 6, PAGE 898, INDIAN RIVER COUNTY PUBLIC RECORDS. MOTION BY COUNCILMAN KINARD, SECONDED BY COUNCILMAN FLOOD, TO ACCEPT THE RESOLUTION PERMITTING THE ABANDON- MENT OF EASEMENT BETWEEN THESE TWO LOTS. CARRIED. NEXT ON THE AGENDA WAS THE READING OF THE RESOLUTION PERTAINING TO CARRY-OVER FUNDS FROM THE 1974-75 BUDGET IN THE AMOUNT OF $5,680.18 FOR THE PARKS & RECREATION DEPT. AND $3,642.45 FOR THE STREET DEPARTMENT TO BE USED FOR THE PURCHASE OF A SMALL FORD TRACTOR. MOTION BY VICE MAYOR HOOSE, SECONDED BY COUNCILMAN KINARD, THAT THE RESOLUTION PERTAINING TO THE CARRY-OVER FUNDS BE ACCEPTED. CARRIED. MOTION BY COUNCILMAN FLOOD, SECONDED BY COUNCILMAN GRAY, TO PERMIT MR. WOODWARD NEW TO PLACE A TRAVEL TRAILER ON HIS PROPERTY IN SEBASTIAN HIGHLANDS, LOT 12 BLOCK 495, WHILE BUILDING A HOUSE ON SAID PROPERTY WITH THE PROVISION THAT THE SEPTIC TANK BE HOOKED UP BEFORE THE PERMIT IS ISSUED. CARRIED. THE COUNTY-WIDE RECREATION COMMITTEE WILL MEET IN CITY HALL, OCTOBER 4, 7:30 P.M. RESIDENTS OF WABASSO, FELLSMERE AND ROSELAND ARE URGED TO ATTEND TO CONTRIBUTE ANY IDEAS THEY MAY HAVE FOR FUTURE RECREATION PROGRAMS. MAYOR CRAGG AND COUNCILMAN FLOOD ATTENDED AN INDIAN RIVER COUNTY SCHOOL BOARD MEETING THIS AFTERNOON. ON THE AGENDA WAS THE SELECTION OF A SCHOOL SITE. MAYOR CRAGG HAD HOPED TO BE ABLE TO CONVINCE THEM TO ACCEPT THE GDC SITE WHICH HAD BEEN OFFERED TO THEM, 37-1/2 ACRES AT $2,000 AN ACRED WITH GDC WATER AND SEWER SYSTEM HOOK-UP. THE COMMITTEE IS NEGOTIATING WITH GULF WESTERN FOR AN AREA AT THE INTERSECTION OF 510 AND 512. NO WORD HAS BEEN RECEIVED FROM GULF WESTERN AS TO THE COST FOR THE 40 ACRES. THE CITY COUNCIL HAS AUTHORIZED TWO ADDITIONAL SEATS FOR THE AIRPORT COMMITTEE. MR. GIL SWIGER, CHAIRMAN OF THE AIRPORT COMMITTEE, ASKED ANYONE INTERESTED IN SERVING TO CONTACT THE CITY CLERK. DRAINAGE AND ROAD CONDITIONS IN THE AREA OF VICKERS AND GAY STREETS, SEBASTIAN HIGHLANDS, WERE DISCUSSED AT LENGTH AS A RESULT OF COMPLAINTS FROM RESIDENTS OF THE AREA~ MAYOR CRAGG EXPLAINED THAT THE CITY ENGINEER, COUNCILMAN GRAY AND HE HAD INSPECTED THE AREA IN QUESTION AND HAD REQUESTED GDC TO CORRECT THE SITUATION. GDC IN TURN HAS CONTACTED ITS MIAMI OFFICE AND, HOPEFULLY, THIS WILL RESULT IN EARLY CORRECTION. BECAUSE OF THE POTENTIALLY DANGEROUS CONDITIONS, THE CITY ATTORNEY SUGGESTED A RESOLUTION TO REMEDY THE CONDITIONS IN THIS AREA AS AN INTERIM MEASURE. THE RESOLUTION DESIGNATES VICKERS STREET A HAZARD BECAUSE OF AN EXISTING DRAINAGE PROBLEM, AND THAT VICKERS STREET IS, THEREFORE , CLOSED TO THRU TRAFFIC. GENERAL DEVELOPMENT CORP. IS TO UTILIZE EVERY EFFORT TO REMEDY THE DRAINAGE PROBLEM AS SOON AS POSSIBLE. THE CHIEF OF POLICE IS DIRECTED TO PHYSICALLY CLOSE VICKERS STREET WITH THE NECESSARY BARRICADES. THE MAYOR IS DIRECTED TO CONTACT GENERAL DEVELOPMENT CORP. IMMEDIATELY TO ACT IN THIS EMERGENCY POSTHASTE TO CORRECT THE DRAINAGE PROBLEM. MOTION BY COUNCILMAN FLOOD TO ACCEPT THE RESOLUTION AS PRESENTED. SECONDED BY COUNCILMAN GRAY AND CARRIED. MOTION BY COUNCILMAN GRAY TO ADJOURN THE MEETING AT 9:30 P.M. City Clerk