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HomeMy WebLinkAbout11131979REGULAR COUNCIL MEETING - NOVEMBER 13, 1979 MEETING WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M. PRESENT: VICE MAYOR LEWIS GRAY, COUNCILMEN EVERETT T. GASS AND JOHN R. JOACHIM, COUNCILWOMAN DOROTHY W. McKINLEY, MAYOR PAT FLOOD, JR. AND CITY ATTORNEY DANIEL KILBRIDE. THE CITY CLERK READ THE BID SPECIFICATIONS AS ADVERTISED FOR INSTALLATION OF PILINGS FOR THE SEBASTIAN SOCIAL CENTER CiTY DOCK. ONLY ONE BID WAS RECEIVED AND IT WAS FROM GROVER FLETCHER. HE QUOTED A PRICE OF $16.00 A LINEAL FOOT WHICH WOULD RUN APPROXIMATELY $26,880 FOR 1680 LINEAL FEET. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILMAN GASS, TO TURN THE BID OVER TO THE AWARDS COMMITTEE FOR REVIEW TO DETERMINE IF FUNDS ARE AVAILABLE TO COMPLETE THE PROJECT. ALL MEMBERS OF THE COUNCIL WERE IN FAVOR OF THE MOTION WITH THE EXCEPTION OF COUNCILWOMAN McKINLEY WHO WAS OPPOSED. CARRIED. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILWOMAN McKINLEY, TO ACCEPT THE MINUTES OF REGULAR COUNCIL MEETING 10/8; PUBLIC HEARING 10/10; SPECIAL MEETING 10/16; SPECIAL MEETINGS 10/17 AND 11/5/79.' CARRIED. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILWOMAN McKINLEY, TO PAY OCTOBER BILLS AMOUNTING TO $110,792.18. CARRIED. COUNCILWOMAN McKINLEY, COUNCILMEN GASS AND JOACHIM WERE HONORED TO ACCEPT A FLAG AND A PLAQUE PRE- SENTED TO THE CITY BY THE FLORIDA SOCIETY OF COLONIAL DAMES XVII CENTURY, AT THE VETERANS DAY SERVICES. THE PLAQUE CERTIFIED THAT THE FLAG WAS FLOWN OVER THE UNITED STATES CAPITOL ON LABOR DAY, SEPTEMBER 3, 1979, AT THE REQUEST OF THE HONORABLE BILL NELSON, MEMBER OF CONGRESS. MAYOR FLOOD ACCEPTED THE FLAG AND PLAQUE AND SAID HE WOULD FORWARD A LETTER TO THE COLONIAL DAMES THANKING THEM. MR. EUGENE ESTES APPEALED TO THE C~/~I~ T-O--O~-~~-~SiON OF THE ZONING AND PLANNING COMMISSION TO DENY APPROVAL OF ~ SITE PLAN FO~,C~t~FFICE~--------C~M~--LEX\O¥ ~.R. 512. SINCE IT IS NECESSARY TO HOLD A PUBLIC HEARING ON ANY APPEA~, A MEZTrNG W~S SET SOR 4,?O?.M. ON NOVEMBER ~6. EAST COAST RAILROAD'S RESPONSIBILITY. VICE MAYOR GRAY REPORTED AT THE AIRPORT ~E~TING LAST FRIDAY MORNING IT WAS TENTATIVELY APPROVED TO GIVE MR. VAN ANTWERP THE NEW LFAgE TO ~UILD SOME T-HANGARS. THERE WAS A TIME LIMIT STIPULATION THAT AFTER A YEAR HE WOULD HAVF ¥ 3~BE~ OF HANGARS BUILT, OR THE LEASE WOULD REVERT BACK TO THE CITY. NO BID HAS BEEN PUT OUT FOR THE WINDOWS AT-THE SOCIAL CENTER BECAUSE AT THIS TIME IT IS DOUBTFUL THAT THE LIONS C~B INTENDS TO FOLLOW THROUGH WI~H iTS OFFER TO REFURbiSH THE BUILDING AND THERE IS NO POINT IN S~NG~m'~IM~NTI~ IS/m~R~-~'S--~H~r~THE~OPOS--~ DO. COUNCILMAN GASS IMPQRTANCE OF HAVING THE LOT AND BLOCK NUMBER OF PROPERTY WHEN ASKING FQR A HQUSE NUMBER. THE CITY'S APPLICATION FOR FUNDS HAS BEEN ACKNOWLEDGED BY THE DEPARTMENT OF HOUSING AND URBAN DE- VELOPMENT AND LETTERS OF SUPPORT HAVE BEEN RECEIVED FROM THE STATE SENATORS AND REPRESENTATIVES. MR. GASS FELT THEY ARE TRYING TO DO WHAT THEY CAN TO ASSIST US. A NICE LETTER WAS AIlgO RECEIVED FROM THE TREASURE COAST PLANNING COUNCIL IN SUPPORT OF THE CITY'S REQUEST. COUNCILMAN JOACHIM REPORTED ON THE MUTILATION OF THE AMERICAN FLAG AT THE CEMETERY OVER THE WEEK-END AND VOICED HIS COMPLETE DISGUST AT SUCH BEHAVIOR. FEDERAL LAW 829 PROVIDES THAT ANYONE WHO MUTILATES A FLAG CAN BE SENTENCED TO 60 DAYS IN JAIL AND FINED $500. THE BUILDING OFFICIAL REPORTED 18 SINGLE FAMILY RESIDENCES VALUED AT $580,550. WERE BUILT DURING OCTOBER. THE TOTAL FOR THE MONTH AMOUNTED TO $631,222. TOTAL FEES FOR PERMITS AMOUNTED TO $3,531.17. THE STREET DEPARTMENT SUPERVISOR MADE THE FOLLOWING REPORTS: (1) THEY HAVE BEEN PATCHING THE STREETS BUT HAVE RUN OUT OF COLD PATCH. MORE WILL NOT BE AVAILABLE UNTIL THE 1ST OF DECEMBER. (2) THE RIGHT-OF-WAYS IN THE HIGHLANDS AREA HAVE ALL BEEN MOWED. (3) THEY ARE NOW CLEARING OUT THE DITCHES AND CANALS. MR. WEHR EXPLAINED THEY ARE DOING THE BEST THEY CAN WITH JUST A HANDFUL OFMEN. HE ASKED THE COUNCIL TO CONSIDER ADVERTISING FOR BID FOR A BACK HOE WHICH WOULD TAKE CARE OF MOST OF THE DITCHES. YESTERDAY A FIRM FROM FORT PIERCE DEMONSTRATED A BACK HOE WITH DESIRED ATTACHMENTS. MOTION BY VICE MAYOR GRAY, SECONDED BY COUNCILWOMAN McKINLEY, TO ADVERTISE FOR BID FOR A BACK HOE. THE BIDS WILL BE OPENED AT THE PUBLIC HEARING ON DECEMBER 5. MR. FALZONE COMPLAINED OF THE DANGEROUS CONDITION EXISTING ON S.R. 512 AROUND THE CURVE NEAR THE LAMBERT REAL ESTATE OFFICE CAUSED BY POTHOLES. MAYOR FLOOD AGREED TO CALL THIS TO THE COUNTY'S ATTENTION. THE POLICE CHIEF REPORTED 339 COMPLAINTS ANSWERED DURING OCTOBER, NOT INCLUDING TRAFFIC STOPS. THE FOUR ENTRANCES TO THE CEMETERY ARE LOCKED AT NIGHT AND TWO OF THE CHAINS HAVE BEEN CUT WITH A HACK- SAW. A WRECKED MOPED, STOLEN FROM BAREFOOT BAY, WAS FOUND IN THE CEMETERY. THE CULPRIT WHO STOLE IT HAS NOT BEEN APPREHENDED TO DATE. CONCERNING THE DESECRATION OF THE FLAG AT THE CEMETERY, CHIEF CUMMINS STATED IF THE PERSON RESPONSIBLE FOR THIS ACTION IS APPREHENDED, HE WOULD DO EVERYTHING IN HIS POWER TO BRING THE FULL WEIGHT OF THE LAW UPON HIM. REGULAR COUNCIL MEETING - NOVEMBER 13, 197~ (PAGE 2) MR. G. GOLIEN, CHAIRMAN OF THE ZONING AND PLANNING COMMISSION, REPORTED FOUR SITE PLAN APPROVALS WERE GIVEN IN THE LAST TWO MEETINGS. MAYOR FLOOD AND THE CITY ENGINEER, MR. "FLIP" LLOYD, WILL MEET WITH REPRESENTATIVES OF FARMERS HOME ADMINISTRATION AT GAINESVILLE ON THE 15TH AT 8:30 A.M. TO DISCUSS THE WATER AND SEWER PROGRAM. MAYOR FLOOD WILL REPORT ON THE OUTCOME OF THIS MEETING NEXT TUESDAYEVENING, NOVEMBER 20. THE CITY CLERK READ THE FOLLOWING CORRESPONDENCE: A LETTER FROM MRS. BETTIE BOCK, SECRETARY OF THE ZONING AND PLANNING COMMISSION, REQUESTING INFORM- ATION AS TO THE STATUS OF THE FOLLOWING ORDINANCES: ZONING ORDINANCE, SIGN ORDINANCE AND THE TREE ORDINANCE. MAYOR FLOOD SUGGESTED THESE ORDINANCES BE PUT ON THE AGENDA FOR THE NOVEMBER 20 COUNCIL MEETING AND ADDED A PUBLIC HEARING WAS TO HAVE BEEN SCHEDULED FOR THE TREE ORDINANCE, BUT A DATE HAS NOT YET BEEN DETERMINED. A LETTER FROM MR. DONALDL. BOOK, DIRECTOR, LEGISLATIVE AFFAIRS, STATE OF FLORIDA, THANKING MAYOR FLOOD, ON BEHALF OF GOVERNOR GRAHAM, FOR THE RESOLUTION SUPPORTING HIS VETO OF THE CABLE TELEVISION BILL. LETTER FROM GOVERNOR GRAHAM TO MAYOR FLOOD THANKING HIM FOR HIS SUPPORT OF MR. L. B. VOCELLE'S APPOINT- MENT AS A JUDGE OF THE CIRCUIT COURT. A LETTER FROM THE SEBASTIAN CONSTRUCTION BOARD REGARDING THE APPOINTMENT OF MR. GREG PALMER AND MR. DAVID HINES TO THE BOARD. A MOTION WAS MADE BY COUNCILMAN JOACHIM, SECONDED BY COUNCILWOMAN McKINLEY, TO APPROVE THE RECOM- MENDATION OF THE SEBASTIAN CONSTRUCTION BOARD TO APPOINT MR. DAVID HINES FOR THE PLUMBING POSITION AND MR. GREG PALMER FOR THE HARV POSITION ON THE CONSTRUCTION BOARD. CARRIED. A LETTER FROM THE COUNCIL ON AGING TIA'G SS BE REAPPOINTED AS A MEMBER OF ITS BOARD OF DIRECTORS. COUNCILMAN GASS INDICATED EE WOULD BE TO SERVE AGAIN AND WAS REAPPOINTED BY MAYOR FLOOD. E~'~E A LETTER FROM MR. CARROL CRITTEND ~-ING A--VARIAI~E FOR HIS DRIVEWAY. IT WAS DETERMINED BY THE COUNCIL AFTER SOME DISCUSSION THAT THIS WAS NOT A MATTER FOR THE VARIANCE BOARD. THE CITY ORDINANCE REQUIRES A DRIVEWAY BE PAVED FR~T~E ~D~OF THE STREET TO THE PROPERTY LINE, ACCORDING TO THE BUILDING OFFICIAL. THE MATTER WIlL ~BE ~RE~;I~W~D AND BROUGHT UP AT THE NOVEMBER 20 MEETING. MOTION BY COUNCILMAN GASS, SECONDED BY COU~CII~IA¥ ~ACHIM, TO PERMIT JOHN TRIPP TO PARK A CONSTRUCTION TRAILER TEMPORARILY ON LOT 1i, BLOCK 200, [~NIT 19 ,~ SEBASTIAN HIGHLANDS. CARRIED. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILWOMAN MC KINLEY, TO AUTHORIZE EUGENE ESTES TO MAKE TWO CURB CUTS AT HIS NEW OFFICE COMPLEX ON NORTH CENTRAL AVENUE. DEPARTMENT AND A~NCE ~°~'JA~'USE--~HEU~EBA~Zt~'AN S06qAL 6~3NTA~ PARTY ON DECEMBER 22ND AND TO SERVE ALCOHOLIC BEVERAGES. CARRIED. CARRIED. MOTION BY COUNCILMAN JOACHIM, SECONDED BY VICE MAYOR GRAY~ TO ALLOW THE SERVING OF ALCOHOLIC BEVERAGES AT THE CHRISTMAS PARTY ON DECEMBER 16TH AT THE COMMUNITY CENTER, AS REQUESTED BY MR. ROBERT BARROW. CARRIED. MOTION BY COUNCILMAN JOACHIM, SECONDED BY CONCILWOMAN MC KINLEY, TO AUTHORIZE THE ORANGE HEIGHTS PROPERTY OWNERS TO SERVE ALCOHOLIC BEVERAGES AT THE COMMUNITY CENTER ON DECEMBER 8TH AT ITS CHRISTMAS PARTY AND ALSO AT ITS REGULAR MONTHLY MEETINGS DURING THE YEAR. CARRIED. A LETTER FROM THE SEBASTIAN JAYCEES REQUESTING THE USE OF THE SEBASTIAN SOCIAL CENTER ON DECEMBER 31ST IN CONJUNCTION WITH THE FIREWORKS DISPLAY. THE CITY CLERK ADVISED A VERBAL REQUEST FOR THE USE OF THE SOCIAL CENTER ON THE SAME DATE WAS RECEIVED FROM MRS. LENARDT WHO HAS RENTED THE SOCIAL CENTER FOR THE PAST SEVERAL YEARS FOR A NEWYEAR'S:EVE PARTY. INASMUCH AS THEJAYCEES EXPECT TO USE THE CENTER FOR ONLY AN HOUROR TWO, IT WAS SUGGESteD MRS. LENARDT MIGHT BE WILLING TO COME IN LATER IN THE EVENING. A LETTER WILL BE FORWARDED TO THE JAYCEES INVITING THEM TO SEND A REPRESENTATIVE TO THE NOVEMBER 20TH COUNCIL MEETING TO DISCUSS THEIR PLANS FOR THE FIREWORKS DISPLAY. ALSO, MRS. LENARDT WILL BE ASKED TO SEND A LETTER REQUESTING PERMISSION TO USE THE SOCIAL CENTER. A LETTER HAS BEEN RECEIVED FROM THE FEDERAL EMERGENCY AGENCY, FEDERAL INSURANCE ADMINISTRATION, WASHINGTON D.C. MAYOR FLOOD EXPLAINED THE LETTER CONCERNS FLOOD INSURANCE. THEY HAVE SETTLED ON A PLAN WHICH WILL GO INTO EFFECT APRIL NEXT YEAR AND WE WILL NOT BE ABLE TO APPEAL IT. THERE BEING NO FURTHER CORRESPONDENCE, THE MAYOR WENT INTO "OLD BUSINESS". MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILWOMAN MC KINLEY, TO EXTEND THE EMERGENCY ORDINANCE ON CABLEVISIONRATE INCREASE FOR 30 DAYS. ROLL CALL VOTE: AYES: VICE MAYOR GRAY, COUNCILMEN GASS AND JOACHIM, COUNCILWOMAN MC KINLEY AND MAYOR FLOOD. NAYS: NONE. CARRIED. 608 REGULAR COUNCIL MEETING - NOVEMBER 13, 1979 (PAGE 3) THE FIRST READING OF THE ABOVE ORDINANCE WILL BE MADE ON FRIDAY, NOVEMBER 16 AT 4 P.M. A SECOND READING AT THE PUBLIC HEARING ON DECEMBER 5TH AND FINAL READING ON DECEMBER 10. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILWOMAN MC KINLEY, TO EXTEND THE EMERGENCY ORDINANCE ON STANDARD OPERATING PROCEDURES FOR 30 DAYS. ROLL CALL VOTE: AYES: VICE MAYOR GRAY, COUNCILMEN GASS AND JOACHIM, COUNCILWOMAN MC KINLEY AND MAYOR FLOOD. NAYS: NONE. CARRIED. THE FOLLOWING EMERGENCY ORDINANCES WILL BE READ IN THEIR ENTIRETY ON NOVEMBER 20, SECOND READING WILL BE MADE AT THE PUBLIC HEARING ON DECEMBER 5, AND FINAL READING ON DECEMBER 10: SEBASTIAN MUNICIPAL AIRPORT ENERGY CODE MAYOR FLOOD BRIEFED THE FIRE CHIEF, MR. ARAND, ON THE LATEST DEVELOPMENTS ON THE WELL SITUATION ON THE PROPERTY ACROSS FROM CITY HALL. MR. KILBRIDE, THE CiTY ATTORNEY, FEELS THE MATTER WILL BE RESOLVED SHORTLY, AND MAYOR FLOOD WILL GET BACK WITH THE FIRE CHIEF SOMETIME NEXT WEEK. CARRIED. THE CITY CLERK READ IN IS ENTIRETY UH~, ~OPOSED ORDINANCE[ ENTITLED, 'AN ORDINANCE CREATING SECTION 7-6.1 OF THE CODE OF ORDINANCES ESTABLISH.~N~'M/NIMUM S.WA. VDARD~OR ALUMINUM CONSTRUCTION AND PROVIDING AN EFFECTIVE DATE." MOTION BY COUNCILMAN JOACHIM, SECONDED BY ~I~ASS, TO ACCEPT THE FIRST READING OF THE ABOVE ORDINANCE. ' ~ ' F ROLL CALL VOTE: / AYES: VICE MAYOR GRAY, COUN~Ii~EA' GAS~ AND JOACHIM, COUNCILWOMAN MC KINLEY AND MAYOR FLOOD. ~ .~ ¥ MAYOR FLOOD RECEIVED A COMPLAINT AGAINST THE CONSTRUCTION BOARD WHICH HE, IN TURN, HAD TURNED OVER TO THE CITY ATTORNEY FOR REVIEW. THE COMPLAINANTS, MR. AND MRS. PISANO WERE PRESENT. FOR THE BENEFIT OF THE PUBLIC, MR. KILBRIDE WAS ASKED TO READ THE LETTER OF COMPLAINT. HE THEN EXPRESSED HIS OPINION THAT THE CITY COUNCIL DOES NOT HAVE THE JURISDICTION TO HEAR THIS APPEAL BASED ON TWO BASIC GROUNDS: (1) THE APPEAL WAS FILED LATE UNDER THE REQUIREMENTS OF THE SEBASTIAN CONSTRUCTION BOARD CODE, AND (2) THE BASIS OF THE APPEAL IS NOT DIRECTED AT THE CONTRACT. THE COMPLAINANTS ARE SAYING THEY ARE NOT DISPUTING THAT THE CONSTRUCTION BOARD DID NOT SUSPEND OR REVOKE THE CONTRACTOR'S LICENSE, THEY ARE ASKING THE COUNCIL TO ENFORCE THE PRIVATE CONTRACT. THIS COUNCIL DOES NOT HAVE THE AUTHORITY TO ENFORCE PRIVATE CONTRACTS. THE COURTS OF THIS STATE ARE THE PROPER VEHICLE TO HAVE CONTRACTS ENFORCED. AFTER CONSIDERABLE DISCUSSION BETWEEN THE CITY COUNCIL MEMBERS AND THE COMPLAINANTS, A MOTION WAS MADE BY COUNCILMAN JOACHIM, SECONDED BY COUNCILWOMAN MC KINLEY, TO CONDUCT A SPECIALMEETING WITH THE COUNCIL AND MEMBERS OF THE CONSTRUCTION BOARD TO REVIEW THE ENTIRE MATTER. THE MEETING WILL BE HELD IN THE CITY COUNCIL CHAMBERS ON THURSDAY AFTERNOON, DECEMBER 6, 197g, AT 3:30 P,M, CARRIED. {DISSENT- ING VOTES WERE CAST BY VICE MAYOR GRAY AND COUNCILMAN GASS). THE FIELD INVESTIGATOR FOR THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD, MR. ROBERT KEHR, WILL BE ASKED TO ATTEND. MOTION BY COUNCILMAN JOACHIM, SECONDED BY VICE MAYOR GRAY, TO ACCEPT THE RESOLUTION ABANDONING THE EASEMENTS BETWEEN LOTS 10 AND 11, BLK 4, SEBASTIAN GROVE ESTATES. CARRIED. MAYOR FLOOD WILL CHECK INTO THE MATTER OF LIABILITY INSURANCE FOR SPECIAL FUNCTIONS AND WILL REPORT TO THE COUNCIL AT THE NEXT REGULAR MEETING ON NOVEMBER 20. THE CITY CLERK READ IN ITS ENTIRETY AN ORDINANCE AMENDING SECTION 7-1 OF THE CODE OF ORDINANCES BY ADOPTING THE SOUTHERN STANDARD BUILDING CODE. MOTION BY COUNCILWOMAN MC KINLEY, SECONDED BY COUNCILMAN JOACHIM, TO ACCEPT THE FIRST READING OF THE ABOVE ORDINANCE. ROLL CALL VOTE: AYES: VICE MAYOR GRAY, COUNCILMAN GASS AND JOACHIM, COUNCILWOMAN MC KINLEY AND MAYOR FLOOD. NAYS: NONE. CARRIED. REGULAR COUNCIL MEETING - NOVEMBER 13, 1979 (PAGE 4) THE SECOND READING WILL BE MADE AT THE PUBLIC HEARING ON DECEMBER 10. IT WAS AGREED THAT THE PROPOSED ORDINANCE AMENDING THE SIDEWALK ORDINANCE (CURB CUTS) WILL BE READ FOR THE FIRST TIME ON NOVEMBER 20. ANNEXATION REQUESTS HAVE BEEN RECEIVED FROM: G&B, CHARLIE PETRIE AND EDWARD BALME. NECESSARY FORMS WILL BE FORWARDED TO EACH OF THEM TO BE COMPLETED AND RETURNED TO THE COUNCIL FOR FURTHER ACTION. MR. CLARENDON COMPLAINED ABOUT PAPERS FLYING ALL OVER HIS AREA CAUSED BY THE CONTRACTORS ERECTING HOMES IN THE AREA AND THE CONCRETE PEOPLE WASHING THEIR TRUCKS ON THE EMPTY LOTS. COUNCILMAN JOACHIM AND MAYOR FLOOD STATED THE CITY HAS AN ANTI-LITTERING ORDINANCE AND THE NAMES OF VIOLATORS SHOULD BE REPORTED TO THE POLICE DEPARTMENT. MRS. PISANO THANKED THE COUNCIL FOR ITS CONSIDERATION OF HER REQUEST FOR A HEARING AND ASKED FOR IN- FORMATION ON HOW TO GO ABOUT GETTING A STREET LIGHT. MAYOR FLOOD OUTLINED THE PROCEDURE TO BE FOLLOWED EXPLAINING THAT EVEN IF THE REQUEST IS APPROVED BY THE LIGHT CHAIRMAN, COUNCILMAN GASS, IT WOULD TAKE AT LEAST 90 DAYS BEFORE THE INSTALLATION WOULD BE MADE BY FLORIDA POWER & LIGHT. MEETING WAS ADJOURNED.