The URL can be used to link to this page

Home My WebLink About120519796],2 PUBLIC HEARING - DECEMBER 5, 1979 MAYOR FLOOD OPENED THE HEARING AT 7:P.M. FOR THE PURPOSE OF OPENING BIDS FOR A TRACTOR WITH FRONT END LOADER AND BACKHOW, AND FOR THE SECOND READINGS OF FIVE PROPOSED ORDINANCE. THE CITY CLERK READ THE ADVERTISED BID FOR INSTALLATION OF 70-80 10 X l0 X 24 CONCRETE PILINGS FOR CONSTRUCTION OF MUNICIPAL DOCK AT THE SEBASTIAN SOCIAL CENTER MUNICIPAL DOCK, AFTER WHICH THE CITY ATTORNEY, DANIEL KILBRIDE, OPENED THE TWO BIDS RECEIVED AND READ AS FOLLOWS: LARSEN BROTHERS BID: AGREED TO SUPPLY ALL LABOR AND EQUIPMENT TO INSTALL 70-80 10" X 10" X 24' CONCRETE PILINGS FOR CONSTRUCTION OF A DOCK ~ $200.00 PER PILING FOR INSTALLATION AND OTHER WORK REQUIRED. IF BID IS ACCEPTED, LARSEN BROTHERS WILL START WORK WITHIN 45 DAYS. GULF CONTRACTING, INC.: INSTALLATION OF 70 CONCRETE PILINGS MEASURING 10" X 10" X 24' FOR A TOTAL SUM OF TWENTY THOUSAND DOLLARS. AN ADDITIONAL 10 PILINGS, UP TO A TOTAL OF 80 PILINGS, WIL~BE INSTALLED FOR $215.00 PER EACH. T.t~ CiTY CLERK READ THE ADVERTISED BID FOR A NEW TRACTOR WITH FRONT END LOADER AND BACKHOE, CITY ATTORNEY THEN READ THE FOLLOWING TWO BIDS RECEIVED: SUNRISE FORD TRACTOR COo INC.: 1 NEW FORD MODEL DF311F 555 TRACTOR-LOADER-BACKHOE AS PER SPECIFi- CATIONS - $27,487.00. DELIVERY WITHIN 5 DAYS AFTER RECEIPT OF ORDER. H. F. MASON EQUIPMENT CORP: 1 NEW LONG 5-N-1 SUPER 11 16' BACKHOE/FRONT-END LOADER F.O,B. SEBASTIAN, $19,850.00. DELIVERYSHIPMENT FROM STOCK. MOTION BY COUNCILMAN JOACHIM, SEC~ B~-C~A~G~, TO TURN THE ABOVE FOUR BIDS OVER TO THE AW DS COMMITTEE FOR REVIEW AND CO m ATION BE COUNC TH~ CITY CLERK READ THE PUBLIC H~ ~TICE FOR TH~ ~ROPOSED ORDINANCE ESTABLISHING MINIMUM STAN- dARDS FOR ALUMINUM CONSTRUCTION,~V~ISE~-N TH~ERO BEACH PRESS JOURNAL ON NOVEMBER bOTH AND 25TH, 1979. THE CITY CLERK READ BY TITLE ONLY AN O~EC--~TING SECTION 76.1 OF THE CODE OF ORDINANCES; ESTABLISHING MINIMUM STANDARDS FOR ALUF. IA'U.~ CONS~UCTION; PROVIDING AN EFFECTIVE DATE. MOTION BY COUNCILMAN JOACHIM, SECONDED BY 30JN¢I~WOMAN MC KINLEY, TO ACCEPT THE SECOND READING OF THE ABOVE ORDINANCE. ~ A ROLL CALL VOTE: CO~~WOMAN MC KINLEY AND THE CITY CLERK READ THE PUBLIC HEARING NOTICE FOR THE PROPOSED ORDINANCE AMENDING ORDINANCE NO. 218 (CABLEVISiON RATES) AS ADVERTISED IN THE VERO BEACH PRESS JOURNAL ON NOVEMBER 20TH AND 25TH, 1979~ THERE WAS QUITE A BIT OF DISCUSSION AMONG THE MEMBERS OF THE AUDIENCE AND THE COUNCIL CONCERNING WHAT SOME PEOPLE FELT WERE LEGITIMATE REASONS FOR NOT APPROVING THE RATE INCREASE AS PROPORSED BY INDIAN RIVER CABLEVISION. A MRS. LOVELESS OF 615 ELLINGTON STREET, UNIT 2, SEBASTIAN HIGHLANDS HAS BEEN ADVISED THAT SHE WILL BE UNABLE TO GET CABLE SERVICE FOR ANOTHER FIVE YEARS, AND THIS WAS NOT WAHT SHE WAS TOLD WHEN SHE MOVED IN. MR. G. GOLIEN OF 711 S.W. WIMBROW DRIVE SAID HE FELT AN INVESTIGA- TION SHOULD BE MADE AS TO WHY THE CABLEVISION COMPANY IS NOT ABLE TO EXTEND THE LINES SO MORE PEOPLE CAN AVAIL THEMSELVES OF THE SERVICE. MR. CRAGG COMMENTED THE CITY CANNOT DO ANY MORE THAN THEY ARE IN THIS REGARD. MAYOR FLOOD AGREED TO TALK TO MR. HAIMOWITZ OF INDIAN RIVER CABLEVISION COMPANY AND REPORT TO THE PUBLIC ON MONDAY NIGHT THE OUTCOME OF HIS CONVERSATION. THE CLERK READ BY TITLE ONLY THE PROPOSED ORDINANCE AMENDING ORDINANCE NO. 218, A NON -EXCLUSIVE FRANCHISE ORDINANCE TO INDIAN RIVER CABLEVISION, INC. MOTION BY COUNCILMAN GASS, SECONDED BY VICE MAYOR GRAY, TO APPROVE THE SECOND READING OF THE ABOVE ORDINANCE. ROLL CALL VOTE: AYES: VICE MAYOR GRAY, COUNCILMAN GASS AND MAYOR FLOOD. NAYS: COUNCILMAN JOACHIM AND COUNCILWOMAN MC KINLEY. MOTION WAS CARRIED. VICE MAYOR GRAY EXPLAINED HE VOTED FOR THE APPROVAL SO THE CABLEVI$ION COMPANY CAN GET THE MONEY TO EXPAND. COUNCILMAN JOACHIM SAID HE VOTED "NAY" FOR HE FELT AS LONG AS WE KEEP GIVING THEM INCREASES HE WILL NOT DO ANYTHING FOR THE PEOPLE. IF HE FEELS WE ARE NOT IN ACCORD WITH HIS PLANS, MAYBE HE WILL GO OUT AND DO A LITTLE MORE DIGGING. THE CITY CLERK READ THE PUBLIC NOTICE ON THE SEBASTIAN MUNICIPAL AIRPORT AS ADVERTISED ON NOVEMBER 20TH AND 25TH, 1979. PUBLIC HEARING - DECEMBER 5, 1979 (PAGE 2) MR. CLARENDON STATED IT WAS HIS UNDERSTANDING THERE WERE NOT TO BE ANY MORE TOUCH AND GO LANDINGS AT THE SEBASTIAN AIRPORT YET ONE DAY WHILE AT THE AIRPORT HE SAW AN AIRPLANE DOING JUST THAT. HE COMPLAINED TO THE AIRPORT MANAGER WHO APPEARED NOT TO BE INTERESTED IN WHAT HE, MR. CLARENDON, THOUGHT WAS A VIOLATION OF CITY ORDINANCE. AFTER FURTHER DISCUSSION, MAYOR FLOOD ADVISED THAT HE WOULD INVITE MR. VAN ANTWERP, AIRPORT MANAGER, TO APPEAR AT THE REGULAR COUNCIL MEETING ON MONDAY NIGHT TO GIVE HIS INTERPRETATION OF THE INCIDENT. THE CITY CLERK READ BY TITLE ONLY THE ORDINANCE DEFINING AND REGULATING THE SEBASTIAN MUNICIPAL AIRPORT; ESTABLISHING THE AIRPORT ADVISORY BOARD FOR FIXING QUALIFICATIONS OF MEMBERS AND PROVIDING POWERS AND DUTIES OF SUCH BOARD; PROVIDING AN EFFECTIVE DATE. MOTION BY COUNCILMAN JOACHIM, SECONDED BY COUNCILWOMAN MC KINLEY, TO ACCEPT THE SECOND READING OF THE ABOVE ORDINANCE. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR GRAY, COUNCILMEN GASS AND JOACHIM, COUNCILWOlViAN MC ~INLEY AND MAYOR FLOOD. NONE CARRIED. THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING ON THE ADOPTION OF STANDARD OPERATING PROCEDURES FOR PERSONNEL ADMINISTRATION, AND SETTING AN EFFECTIVE DATE AS ADVERTISED IN THE VERO BEACH PRESS JOURNAL ON NOVEMBER 20TH AND 25T~9.-- L "~ THE CITY CLER THEN READ THE PRO O ED O DINANCE ON OrE. TING PROCEDURES TITLE ONLY. ROLL CALL VOTE: AYES: NAYS: CARRIED. MRS. DEWHURST ~O.V--~HY~ER~F AN OROINANCE, ' SKE D O HA' i, $0 VICE MAYOR GRAY, CO'3NT~I GASS AND JOACHIM, COUNCILWOMAN MC KINLEY AND MAYOR FLOOD. ~ ~]~AYOR~FLOOD ADVISED HE WOULD ~_kHEA4~.NG ON~A'E OR$D~N~~OB-T-iNG-THE CITY OF SEBASTIAN "ENERGY CODE"; STATING ALTERNATE PROVISIONS TO BE ADOPTED; AND PROVIDING AN EFFECTIVE DATE AS ADVERTISED IN THE VERO BEACH PRESS JOURNAL ON NOVEMBER 20TH AND 25TH, 1979. THE CITY CLERK THEN READ THE ABOVE ORDINANCE BY TITLE ONLY. MOTION BY COUNCILMAN JOACHIM, SECONDED BY VICE MAYOR GRAY, TO ACCEPT THE SECOND READING OF THE PROPOSED ENERGY CODE ORDINANCE. ROLL CALL VOTE: AYES: VICE MAYOR GRAY, COUNCILMEN GASS AND JOACHIM, COUNCILWOMAN MC KINLEY AND MAYOR FLOOD. NAYS: NONE. CARRIED. THE PUBLIC MEETING WAS CLOSED AT 8:08 P.M. CITY CLERK MAY°R SPECIAL MEETING - DECEMBER 6, 1979 PRESENT: VICE MAYOR LEWIS E. GRAY, COUNCILMEN EVERETT T. GASS AND JOHN R. JOACHIM, COUNCILWOMAN DOROTHY MC KINLEY AND MAYOR PAT FLOOD, JR. MR. ALBRECHT, REPRESENTING CITY ATTORNEY MR. DANIEL KILBRIDE. MR. ROBERT KEHR, FIELD INVESTIGATOR WITH THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD WAS ALSO PRESENT. MAYOR FLOOD OPENED THE MEETING AT 3:30 P.M. THE PUI~POSE OF THE MEETING WAS TO RESOLVE A COMPLAINT AGAINST THE CONSTRUCTION BOARD FOR NOT ENFORCING A CONTRACTORtS CONTRACT AND TO DEFINE THE ACTUAL AUTHORITY OF THE BOARD. MRS. PISANO WAS ASKED TO EXPLAIN THE REASON FOR HER COMPLAINT, WHICH SHE DID IN DETAIL. SHE FELT WHEN THE COMPLAINT WAS FIRST HEARD BY THE LICENSING BOARD THEY WERE iN ACCORD TO HAVE THE CONTRACTOR COMPLETE THE WORK IN ACCORDANCE WITH THE CONTRACT. THEN, AT A LATER DATE, THE BOARD MEMBERS HAD CHANGED AND SHE WAS TOLD AT A SUBSEQUENT MEETING TO CONTACT THE SMALL CLAIMS COURT, THAT THE BOARD HAD NO JURISDICTION OVER SUCH MATTERS. SHE FELT THE SECOND BOARD HAD OVERRIDDEN THE INSTRUCTIONS OF THE FIRST BOARD. MR. ED. PALUCH, VICE CHAIRMAN OF THE SEBASTIAN CONSTRUCTION BOARD, ADVISED THAT ONLY ONE MEMBER WAS CHANGED, AND HE WAS A REPLACEMENT FOR MR. CLIFFORD HOOSE. ALL OTHER MEMBERS ARE THE SAME. ~R. KEHR WAS ASKED FOR HIS OPINION, DOES THE LICENSING BOARD HAVE THE AUTHORITY TO INTERVENE BETWEEN CONTRACTOR AND THE INDIVIDUAL FOR WHOM HE IS WORKING? MR. KEHR REPLIED IT IS UP TO THE BOARD TO DECIDE, THAT THE STATE CONSTRUCTION INDUSTRY LICENSING BOARD DOES NOT GET INTO CONTRACTS EXCEPT WHERE THERE IS INTENT TO DEFRAUD. MR. ALBRECHT'S OPINION wm THS CON~IO~' ~,~~-~of~/o ANO THE CZTY COUNCZL SHOULD REFRAIN FROM THERE IS A BUILDING CODE VIOLATION IYVOLVED. H~.. .~EFE~E~ TO CITY OF SEBASTIAN ORDINANCE NO. 0-78-4, ~E ORDINANCE DEFINING AND REGU~Tr~E BUSINESJ OF ~U~LDING CONSTRUCTION QUOTING SECTION 10 (2) PALUCH SAID HE FELT WHAT MRS. PISA~NO~WAN~ED~Z~S TO HAVE SOMEONE IN THE ROOM SAY THAT THE BOARD, OR ANY MEMBER OF THE BOARD, COULD TELL ANY OONTRAO~R IN THiS TOWN WHATEVER HE WANTED TO TELL THEM. MRS. PISANO STATED THIS WAS NOT WHAT SHE WAAWfED, S~ ONLY WANTED TO MAKE CERTAIN THE CITIZENS OF THIS CITY ARE PROTECTED AGAINST UNFAIR BUILDERS~ ATTORNEY ALBRECHT REITERATED THE BOARD COD'DD"NOT-TAKE THE POSITION TO MAKE THE CONTRACTOR DO ONE THING OR THE OTHER. THE ONLY WAY MRS. PISANO CAN MAKE THEM 190 ANYTHING IS ON HER OWN. SHE COULD SUE THEM, GET AN INJUNCTIO~INS~'~_E~OST F--~NDA~ ~'S--~IS,~-STO~1~IF S~ F~ NoT SATISFIED ~ITH THE RESVLTS O~ THE ~O~_~C~'S' WORF~ ~SS IS~IO~LD(S,(a_~ES-'~,T~N~Y, A~fD^ UF THS ~'AGSS, AN~ SEE W~AT ~SS FROM ~ING SO A~ C~O~ S~L~~RAI~ __ MAYOR FLOOD RECOMMENDED THE CONSTRUCTION LICENSING BOARD NOT ACCEPT ANY CONTRACT DISPUTE, REJECT IT, AND EACH COUNCILMAN CAN TAKE IT ONE ON ONE. MOTION BY COUNCILWOMAN MC KINLEY~ SECONDED BY COUNCILMAN GASS, TO ACCEPT MAYOR FLOODrS RECOMMENDATION. ROLL CALL VOTE: AYES: VICE MAYOR GRAY, COUNCILMEN GASS AND JOACHIM, COUNCILWOMAN MC KINLEY AND MAYOR FLOOD. NAYS: NONE. CARRIED. THE MEETING WAS ADJOURNED AT 4:55 P.M. CITY CLERK MAYOR