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HomeMy WebLinkAbout01091985MINUTES REGULAR COUNCIL AND PUBLIC HEARING CITY OF SEBASTIAN, FLORIDA JANUARY 9, 1985 MEETING CALLED TO ORDER BY MAYOR JIM GALLAGHER AT 7:00 P.M. PRESENT: VICE MAYOR DOROTHY MCKINLEY COUNCILMAN RICHARD SZELUGA COUNCILMAN KENNETH ROTH COUNCILWOMAN LINDA KEENAN MAYOR JIM GALLAGHER ATTORNEY TOM PALMER MAYOR GALLAGHER OFFERED CONGRATULATIONS TO CITY CLERK, DEBORAH KRAGES, AND GOLF COURSE SUPERVISOR, NEWTON KRAGES, ON THE BIRTH OF THEIR DAUGHTER, HEATHER NICOLE. MAYOR GALLAGHER CONGRATULATED COUNCILMAN ROTH ON HIS REAPPOINTMENT ~0 THECOUNTY TRANSPORTATION PLANNING COMMITTEE. MAYOR GALLAGHER WELCOMED BISHOP ANTHONY C VERANNO OF THE EPISCOPAL CHURCH, TO SEBASTIAN. TOM PALMER, CITY ATTORNEY, READ A PROCLAMATION RECOGNIZING THE EFFORTS BY THE CITY'S PLANNING AND ZONING BOARD. MAYOR GALLAGHER PRESENTED THE PROCLAMATION TO HOWARD EISENBARTH MEMBER OF THE PLANNING AND ZONING BOARD. MAYOR GALLAGHER OPENED PUBLIC HEAR~'~N~ ~C~'~DING SECTION 2-63 ON BIDDING PROCEDURES. ATTORNEY PALMER READ BY TITLE ONLv ~RDIkANCE eF TH~ ~ITY OF SEBASTIAN, FLORIDA, AMENDING PARAGRAPH 9b) OF SECTION 2-63 OF ~DE OF ORDiNANCeS]AND THEREBY PROVIDING THAT CONTRACTS FOR THE PURCHASE OF SUPPLIES, MATERIALS, ~UIPM~NT OR SERVICES, SHALL NOT BE REQUIRED TO GO TO THE BIDDING PROCEDURES IF TEH CONTRACT PRICE IS NOT MORE THAT $25,000.00 AND THE CITY COUNCIL DETERMINES THAT THE BIDDING PRO~I~ LIKELY TO RESULT IN A LOWER CONTRACT FOR PURCHASE OF PARTS OR REPAIRS THEN EXiSTTN~ SI~Y EpUIPMENT OR MACHINERY MAY BE PURCHASED OR CONTRACTED FOR BY THE MAYOR WITHOUT THE BID)I~G P~CEDURE PROVIDED A CONTRACT PRICE DOES o,ooo.oo, SEVERAL RESIDENTS EXPRESSED THEIR VIEWS ~E ~INANCE. MAYORGALLAGHER~'~ED~t~PL ~-~HEA~N~'r'~ ~-~ ~---'~ -- ~ '-X'- ATTORNEY PALMER~,R'E,~'-~- Bv 1EI~TLE O~l_~ A~ ~BD, INA~[C~'x,~F Tm CIT~ ~F )E~BtA'~TIAN,~LORIDA, FOR THE SECOND AND FINALX,T~II~E, A~UND]NC~P~RA~R~J~H~9D)XQ, F~ECTICN 2-63 O~ ~jtq C(DF~.DF ORDINANCES AND THEREBY PROVI'DI~NEi~.)-H~T C~_~_TRACTc~)F~DR/T~tE~ ~UF~'It~.~E)OF SLPPL]ES, ~.T.~R)ALS,\ECUIPMENT OR SE~VI'CES, SHALLX,~LQ.T~YBEREO~IP~ ~TOL1)HEIX,BJ_DB~NG P~OCEB. U. BE~.JF)~T.~E.C,.~RkT.~ACT PRICE IS NOT MORE THAN $25,000.00 AND THE CITY COUNCIL DETERMINES THAT THE BIDDING PROCEDURE IS NOT LIKELY TO RESULT IN A LOWER CONTRACT PRICE, PROVIDING AN EFFECTIVE DATE; ALSO PROVIDING THAT IN AN EMERGENCY A CONTRACT FOR PURCHASE OF PARTS OR REPAIRS THEN EXISTING CITY EQUIPMENT OR MACHINERY MAY BE PURCHASED OR CONTRACTED FOR BY THE MAYOR WITHOUT THE B~IDDING PROCEDURE PROVIDED A CONTRACT PRICE DOES NOT EXCEED $40,000.00, PROVIDING AN EFFECTIVE DATE. MOTION BY MAYOR GALLAGHER, SECONDED BY COUNCILMAN SZELUGA TO DELETE THE LAST FOUR LINES OF THE AMENDED ORDINANCE, WHICH STATE "IN AN EMERGENCY A CONTRACT FOR PURCHASE OF PARTS OR REPAIRS TO ANY EXISTING CITY EQUIPMENT OR MACHINERY MAY BE PURCHASED OR CONTRACTED FOR BY THE MAYOR WITHOUT THE BIDDING PROCEDURE PROVIDED A CONTRACT PRICE DOES NOT EXCEED $40,000.00." ROLL CALL VOTE: AYES: VICE MAYOR MCKINLEY COUNCILMAN SZELUGA COUNCILMAN ROTH COUNCILWOMAN KEENAN MAYOR GALLAGHER NAYS: NONE MOTION CARRIED. MOTION BY COUNCILMAN ROTH, SECONDED BY VICE MAYOR MCKINLEY TO REJECT THE AMENDED ORDINANCE. ROLL CALL VOTE: AYES: VICE MAYOR MCKINLEY COUNCILMAN ROTH COUNCILWOMAN KEENAN NAYS: COUNCILMAN SZELUGA MAYOR GALLAGHER MOTION CARRIED. MOTION BY COUNCILMAN ROTH TO BRING ORDINANCE BACK TO THE FLOOR FOR DISCUSSION. MOTION'DIED - LACK OF SECOND MINUTES REGULAR COUNCIL AND PUBLIC HEARING JANUARY 9, 1985 ATTORNEY PALMER READ BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ANNEXING A PORTION OF THE NORTHWEST 1/4 OF THE NORTH WEST 1/4 OF SECTION 7 TOWNSHIP 31 SOUTH, RANGE 39 EAST, LYING NORTH OF THE NORTH RAILROAD RIGHT-OF-WAY FOR COUNTY ROAD 512, SOUTH OF THETRANS FLORIDA RAILROAD RIGHT-OF-WAY, EAST OF THE PLANNED PELICAN ISLAND ELEMENTARY SCHOOL, CONSISTING OF .58 ACRES MORE OR LESS; PROVIDING AN EFFECTIVE DATE. MAYOR GALLAGHER OPENED THE PUBLIC HEARING. THERE WERE NO COMMENTS FROM THE PUBLIC. MAYOR GALLAGHER CLOSED THE PUBLIC HEARING. ATTORNEY PALMER READ FOR THE SECOND AND FINAL TIME AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA ANNEXING A PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LYING NORTH OF THE NORTH RAILROAD RIGHT-OF-WAY FOR COUNTY ROAD 512, SOUTH OF THE TRANS FLORIDA RAILROAD RIGHT-OF-WAY ~'~EA~T]OF{TRE~LANNED~PELICAN ISLAND ELEMENTARY SCHOOL, CONSISTING OF .58 ACRES MORE OR LESS; PROVIDING AN EFFECTIVE DATE. MOTION BY VICE MAYOR MCKINLEY, SECONDED BY COUNCILMAN SZELUGA, TO ADOPT THE ORDINANCE AS READ. ROLL CALL VOTE: AYES: VICE MAYOR MCKINLEY COUNCILMAN SZELUGA COUNC, COUNCII.q~_..~AN K'EE'~N-- MAYOR GALLAGqER NAYS': NO~E~[-~ MOTION CARRIED. ATTORNEY PALMER READ BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN,FLORIDA AMENDING SECTION 27-42 and 27-43 OF THE C.J~;~,,OFri1ED~'NANCES AND THEREBY CLARIFYING THE NOTIFICATION TO LAND OWNERS PROVISIORS~-A~3 £X~.J~DING THE CONNECTION SCHEDULES WHEN EITHER WATER DISTRIBUTION OR SEWER CCL_E£TZOli SERVICE OR BOTH SERVICES BECOME AVAILABLE; PROVIDING AN EFFECTIVE DATE. I MOTION BY VICE MAYOR MCKINLEY, SECONDED ~JN£I_]_MAN ROTH, TO ADOPT THE ORDINANCE AS READ. NAYS: NONE MOTION CARRIED. PUBLIC HEARING SCHEDULED FOR WEDNESDAY FEBRUARY 13, 1985. DISCUSSION ON EMPLOYEES" ACCRUED SICK LEAVE. ATTORNEY PALMER WAS REQUESTED TO DRAW UP AN AMENDMENT TO THE SOP ORDINANCE. ViCE MAYOR MCKINLEY STATED THAT ON FRIDAY, JANUARY 18, 1985, AT 2:00 P.M. THE CEMETERY COMMITTEE WILL HOLD A MEETING IN THE COUNCIL CHAMBERS. ALL INTERESTED PARTIES ARE WELCOMED. ATTORNEY PALMER UPDATED COUNCIL ON THE BARGE-TRUEWORTHY PROPERTY. THERE WAS CONSIDERABLE DISCUSSION REGARDING THE BARGE-TRUEWORTHY PROPERTY BY COUNCIL. MOTION BY COUNCILMAN ROTH, SECONDED BY VICE MAYOR MCKINLEY TO OFFER $65,000.00 ON THE BARGE- TRUEWORTHY PROPERTY, DUE PAYABLE AT THE END OF THREE (3) YEARS, WITH NO INTEREST. MOTION BY COUNCILMAN ROTH, SECONDED BY VICE MAYOR MCKINLEY, TO ALLOW FOURTEEN (14) DAYS FROM RECEIPT OF LETTER TO EITHER ACCEPT OR REJECT THE OFFER OF $65,000.00 BY CITY COUNCIL TO MR. BARGE AND MRS. TRUEWORTHY. ROLL CALL VOTE: AYES: VICE MAYOR MCKINLEY COUNCILMAN SZELUGA COUNCILMAN ROTH COUNCILWOMAN KEENAN MAYOR GALLAGHER NAYS: NONE MOTION CARRIED. THERE WAS DISCUSSION REGARDING THE TWO LOTS LOCATED NEAR THE COMMUNITY CENTER; MINUTES REGULAR COUNCIL AND PUBLIC HEARING JANUARY 9, 1985 MOTION BY COUNCILMAN SZELUGA, SECONDED BY COUNCILMAN ROTH, FOR $9,000.00 BE SPENT FROM THE CONTINGENCY FUND FOR THE PURCHASE OF THE LOTS ADJACENT TO THE COMMUNITY CENTER AND THE CITY ATTORNEY TO DRAW UP THE NECESSARY DOCUMENTS FOR ALLOWING THIS TO BE DONE. ROLL CALL VOTE: AYES: VICE MAYOR MCKINLEY COUNCILMAN SZELUGA COUNCILMAN ROTH COUNCILWOMAN KEENAN MAYOR GALLAGHER NAYS: NONE MOTION CARRIED. ATTORNEY PALMER READ BY TITLE ONLY A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING EASEMENT BETWEEN THE SOUTH SIDE OF LOT 7, AND THE NORTH SIDE OF LOT 8, BLOCK 107, UNIT 2, SEBASTIAN HIGHLANDS ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK ! 5/35, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. MOTION BY COUNCILMAN ROTH, SECONDED BY COUNCILWOMAN KEENAN, TO APPROVE THE RESOLUTION AS READ. ROLL CALL VOTE: AYES: ViCE MAYOR MCKINLEY COUNCILMAN SZELUGA COUNCILMAN ROTH COUNC~qLI~)I~AN-K~EL~ ~/-/ MAY'OF E~L._~IAG ~E~ \V/ NAYS: NONE k j-] I I MOTION CARRIED.. .~ THERE WAS CONSIDERABLE D~SCUSSI'ON )~?~/~DI~ THE-~ULTI-I~URPOSE RECREATIONAL BUILDING. MOTION BY VICE MAYOR MCKINLEY, SECONDED B~-4i~UN~N ROTH, TO APPROVE THE PROPOSED MULTI-PURPOSE RECREATIONAL BUILDING PLANS,~WI~HT~JADJUSTMENTS MENTIONED. k (.SZELUGA VOTED NAY) ~ MOTION CARRIED. / MOTION BY COUNCILMAN SZELUGA, SECONDED B~O~,C]L~AN ROTH, TO TABLE THE APPROVAL OF THE PROPOSED MULTI-PURPOSE RECREATIONAL BUILDIIi~FPL~. . SZ LU. ^, Or MOTION CARRIED, MOTION BY COUNCILMAN ROTH, SECONDED BY COUNCILWOMAN KEENAN, TOAPPROVE REQUEST FOR A WEDDING RECEPTION, SERVING ALCOHOLIC BEVERAGES, AT THE COMMUNITY CENTER, MAY 4, 1985. MOTION CARRIED. MOTION BY COUNCILMAN ROTH, SECONDED BY VICE MAYOR MCKINLEY, TO ADJOURN THE MEETING. MOTION CARRIED. CITY CLERK MAYOR THESE MINUTES WERE APPROVED BY COUNCIL AT tHE MARCH 6, 1985 meeting. Jim Gallagher Mayor Cig, qf Sebc ,s'tia z POST OFFICE BOX 127 [] SEBASTIAN, FLORIDA 32958 TELEPHONE (305) 589-5330 PUBLIC HEARINGS & REGULAR COUNCIL MEETING JANUARY 9, 1985 - 7:00 P. M. AGENDA C~T.I, TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG ANNOUNCEMENTS/PROCLAMATION - PLANNING & ZONING COMMISSION II. PUBLIC HEARING - AN ORDINANCE AMENDING SEC. 2-63 "BIDDING PROCEDURES" ACTION - AN ORDINANCE AMENDING SEC. 2-63 "BIDDING PROCEDURES" III.PUBLIC HEARING - AN ORDINANCE ANNEXING .58 ACRES MORE OR LESS. "MILLER" ACTION - AN ORDINANCE ANNEXING . 58 ACRES MORE OR LESS. "MILLER" IV. OLD BUSINESS: NOTICES RE: WATER CONNECTION MAYOR' S MATTERS: CITY COUNCIL MATTERS: CITY ATTORNEY MATTERS: V. NEW BUSINESS: RESOLUTION - ABANDONING EASEMENT lOTS 7 & 8, BLOCK 107, UNIT 2 APPROVE CONCEPTUAL PLAN FOR PROPOSED COMMUNITY CENTER REQUEST FOR USE OF RECREATIONAL FACILITIES ADJOURN Deborah C. Krages City Clerk NOTE:IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS, FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED.