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HomeMy WebLinkAbout01111984REGULAR COUNCIL MEETING CITY OF SEBASTIAN JANUARY l'l, 1984 REGULAR COUNCIL MEETING OF THE CITY OF SEBASTIAN, CITY COUNCIL WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M. PRESENT: VICE MAYOR FITZMAURICE COUNCILMAN RICHARD SZELUGA COUNCILWOMAN DOROTHY MCKINLEY COUNCILMAN JAMES GALLAGHER CITY ATTORNEY DANIEL KILBRIDE MAYOR PAT FLOOD, JR. MINUTES: REGULAR COUNCIL JANUARY ll, 1984 ANNOUNCEMENTS/PROCLAMATIONS MAYOR FLOOD ANNOUNCED THAT CONGRESSMAN BILL NELSON WILL BE IN SEBASTIAN AT THE SEBASTIAN CITY HALL COUNCIL CHAMBERS ON JANUARY 18, 1984, FROM 12:00 NOON TO 2:00 P.M. AND ALL CITY AND COUNTY RESIDENTS ARE INVITED TO ATTEND A LUNCHEON HELD IN HIS HONOR. COMMITTEE REPORTS BOB DOHERTY, SUPERINTENDENT, PUBLIC WORKS\D~PARTMENT, REPORTED THAT DAVIS 2 HOURS DURING THE WEEK O~UA._.PY 16. 19~ TO PACK DOWN NEWLY SPREAD ASPHALT. LOUIS PRIORE, CHAIRMAN, VARIAN~A.~REPORTED THAT A VARIANCE REQUESTED BY MR. CUNNINGHAM, TO ABANDON A SEY 3~CK LINE ENCROACHMENT WAS DENIED BY THE BOARD AND IS PRESENTLY IN TkE AP~E~ PROCESS TO THE CIRCUIT COURT, INDIAN RIVER COUNTY. F EARL MASTELLER, CITY ENGINEER,~OR_~D THAT HE AND BOB DOHERTY, SUPERINTENDENT PUBLIC WORKS DEPARTMENT, HAVE BEEN WORKING IN CONJUNCTION CONCERNING THE 250 FEET OF RO~ COMPANY W~S( ASKED THE% THE QUOTE WAS SUBMITTED TO THE CLERK AND MAYOR FLOOD INDICATED THAT THIS WOULD BE BROUGHT UP AT THE END OF THE MEETING FOR FURTHER DISCUSSION AND POSSIBLE ACTION. COUNCILMAN GALLAGHER REPORTED THAT THE WINTER SOFTBALL LEAGUE THAT WAS SCHEDULED TO START JANUARY 9, 1984 HAS BEEN DELAYED DUE TO WEATHER CONDITIONS AND IS SCHEDULED TO BEGIN NEXT WEEK. RENOVATIONS OF THE SOFTBALL OUT FIELD HAVE BEEN COMPLETED BY THE PUBLIC WORKS DEPARTMENT AND THE RENOVATIONS OF THE INFIELD HAVE BEEN STARTED. THE PUBLIC ADDRESS SYSTEM AT THE SEBASTIAN COMMUNITY CENTER HAS BEEN REPAIRED AND A NEW MICRO PHONE INSTALLED. THE LIBRARY IS PRESENTLY BEING PAINTED BY THE INMATE WORK PROGRAM, THROUGH THE INDIAN RIVER COUNTY SHERIFF'S DEPARTMENT, UNDER THE SUPERVISION OF CORPORAL TOM LAUGHLIN. THE NEXT PARKS AND RECREATION MEETING WILL BE HELD JANUARY 31, 1984, AT 7:30 P.M. OLD BUSINESS: ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE AMENDING ORDINANCE N0.0-79-5 (1), THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES FOR PERSONNEL ADMINISTRATION BY PROVIDING IN ITS FAIR EMPLOYMENT PRACTICE THAT IT DOES NOT DISCRIMINATE. AGAINST HANDICAPPED PERSONS; PROVIDING AN EFFECTIVE DATE AND A SEVERABILITY CLAUSE. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE AMENDING ORDINANCE NO. 0-79-5 (1), THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES FOR PERSONNEL ADMINISTRATION BY PROVIDING IN ITS FAIR EMPLOYMENT PRACTICE THAT IT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS; PROVIDING AN EFFECTIVE DATE AND A SEVERABILITY CLAUSE. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD MINUTES: REGULAR COUNCIL MEETING JANUARY ll 1984 NAYS: NONE MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY AN ORDINANCE AMENDING ORDINANCE NO. 0-79-5 (1), THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES FOR PERSONNEL ADMIN ISTRATION BY PROVIDING IN ITS FAIR EMPLOYMENT PRACTICE THAT IT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS; PROVIDING AN EFFECTIVE DATE AND A SEVERABILITY CLAUSE. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILMAN SZELUGA, TO ADOPT THE THIRD AND FINAL READING BY TITLE ONLY OF AN ORDINANCE AMENDING ORDINANCE NO. 0-79-5 (1) , THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES FOR PERSONNEL ADMINISTRATION BY PROVIDING IN ITS FAIR EMPLOYMENT PRACTICE THAT IT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS; PROVIDING FOR AN EFFECTIVE DATE AND A SEVERABILITY CLAUSE. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE SECTION XIZI (F) (2) OF ORg~]ANCE 202, AS]A~MENDED, OF THE CITY OF SEBASTIAN, NAYS; NONE MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY OF AN ORDINANCE AMENDING SECTION XIII (F) (2) OF ORDINANCE 202, AS AMENDED, OF THE CITY OF SEBASTIAN, THE SAME BEING THE ZONING ORDINANCE OF THE CITY, BY ALLOWING POROUS PARKING SURFACES UNDER CERTAIN CONDITIONS, SETTING FORTH APPLICATION REQUIREMENTS AND PROCEDURES; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN SZELUGA, TO ADOPT THE THIRD AND FINAL READING BY TITLE ONLY OF AN ORDINANCE AMENDING SECTION XIII (F) (2) OF ORDINANCE 202, AS AMENDED, OF THE CITY OF SEBASTIAN, THE SAME BEING THE ZONING ORDINANCE OF THE CITY, BY ALLOWING POROUS PARKING SURFACES UNDER CERTAIN CONDITIONS, SETTING FORTH APPLICATION REQUIREMENTS AND PROCEDURES; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. MAYORS MATTERS: WITH THE PERMISSION OF THE COUNCIL MAYOR FLOOD REQUESTED THAT THE DISCUSSION CONCERNING THE WATER AND SEWER FRANCHISE ORDINANCES BE DETAINED UNTIL MR. GREGORY KISELA, REPRESENTATIVE, GENERAL DEVELOPMENT UTILITIES, ARRIVES. MINUTES: REGULAR COUNCIL MEETING JANUARY ll, 1984 MAYOR FLOOD REPORTED THAT THE CITY HAS BEEN NOTIFIED OF A TREMENDOUS RATE INCREASE IN THE CITY EMPLOYEES HEALTH INSURANCE PROGRAM. HE SUGGESTED THAT HE CHECK WITH OTHER INSURANCE COMPANIES CONCERNING RATES AND REPORT BACK TO THE COUNCIL AT THE NEXT REGULAR CITY COUNCIL MEETING. JUST FOR CLARIFICATION, MAYOR FLOOD STATED THAT WHEN HE LEASED HIS CAR, IT WAS WITH THE UNDERSTANDING THAT HE WOULD MAINTAIN ALL MAJOR REPAIRS AND ALL STANDARD EVERY DAY MAINTENANCE WOULD BE SUPPLIED BY THE CITY. ATTORNEY MATTERS: CITY ATTORNEY KILBRIDE REPORTED THAT HE HAS FILED MOTIONS TO DISMISS THE MCCARTHY VS. THE CITY OF SEBASTIAN CASE AND HAS SUPPLIED COPIES FOR THE COUNCIL. IN REFERENCE TO THE WILLIAM STANFORD CASE, MAYOR FLOOD REMARKED THAT HE WANTED IT CLARIFIED FOR THE RECORD, THAT SINCE MR. STANFORD HAS MADE A SETTLEMENT THROUGH WORKMEN'S COMPENSATION, HE CANNOT COME BACK IN A CIVIL SUIT AGAINST THE CITY OF SEBASTIAN. NEW BUSINESS THE CITY ATTORNEY READ IN ITS ENTIRETY A RESOLUTION EXEMPTING ALL CHURCHES AND THE POST OFFICE, FIRE DEPARTMENT AND AMBULANCE SQUAD FROM PAYMENT OF THE CITY PUBLIC SERVICE TAX. MOTION BY COUNCILWOMAN SJ. COUNCXLMAN SZELUGA, TO ADO T AND AMBULANCE SQUAD FROM PA~-MENT OF THE ~I~[ PUBLIC SERVICE TAX. ROLL CALL VOTE ~YES: VICE MA~qR FITZMAURICE COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER ~M~ FLOOD NAYS . ~CNh ~ ~ MOTION CARRIED. CITY ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE AND C0UNCff C Zr MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN GALLAGHER, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE AMENDING SEC. 2.05 BY STATING THAT THE MAYOR AND COUNCIL RECEIVE COMPENSATION, NOT SALARY, AND PERMITS REIMBURSEMENT FOR EXPENSES INCURRED WHILE ON CITY BUSINESS WHEN APPROVED BY MAJORITY VOTE OF THE COUNCIL; PLACING QUESTION ON BALLOT FOR MARCH 13, 1984; ESTABLISHING AND EFFECTIVE DATE; AND STATING A SEVERABILITY CLAUSE. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. MAYOR FLOOD STATED THAT THE PUBliC HEARING WOULD BE HELD FEBRUARY l, 1984, PRIOR TO THE REGULARLY SCHEDULED WORKSHOP MEETING. CITY ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN AMENDING SECTION 2.02 OF THE CHARTER BY REQUIRING ONE YEAR RESIDENCY IN ORDER TO QUALIFY TO HOLD THE OFFICE OF COUNCIL MEMBER AND/OR MAYOR PLACING QUESTION ON BALLOT FOR MARCH 13, 1984; ESTABLISHING AN EFFECTIVE DATE; AND STATING A SEVERABILITY CLAUSE. COUNCILWOMAN MCKINLEY RECOMMENDED THAT THE WORDS "AND/OR" BE ADDED AFTER THE WORDS COUNCIL MEMBER IN THE TITLE OF THE ORDINANCE. MINUTES: REGULAR COUNCIL MEETING JANUARY 11 , 1984 MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN GALLAGHER, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE OF THE CITY OF SEBASTIAN, AMENDING SECTION 2.02 OF THE CHARTER BY REQUIRING ONE YEAR RESIDENCY IN ORDER TO QUALIFY TO HOLD OFFICE OF COUNCIL MEMBER AND/OR MAYOR. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. MAYOR FLOOD STATED THAT THE PUBLIC HEARING WOULD BE HELD ON FEBRUARY 1 PRIOR TO THE WORKSHOP MEETING AT 7:00 P.M. · 1984, ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE ANNEXING A PORTION OF THE SW 1/4 OF THE NW 1/4 OF SEC. 23 TOWNSHIP 31 SOUTH RANGE 38 EAST, LYING NORTH OF C.R. 512 AND WEST OF SAN SEBASTIAN SPRINGS SUBDIVISION, CONSISTING OF 34 ACRES MORE OR LESS. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE ANNEXING A PORTION OF THE SW 1/4 OF THE NW 1/4 OF SEC. 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, LYING NORTH OF C.R. 512 AND WES~--~ ~-~N~~-~SPRIN'GS SUBDIVISION, CONSISTING OF 34 ACRES MORE OR LESS~ ~ ROLL CALL VOT~YES: VICE MAIY~R FITZMAURICE COUNCIL~N SZELUGA MAYOR FLOOD NAY~S-' NON~ MAYOR FLOOD STATED THAT THE P~'I] ~E~RING PRIOR TO THE REGULAR COUNCIL MEL=~IN~ MOTION CARRIED. WOULD BE HELD ON FEBRUARY 15, 1984, PROVIDED %B~HENRF-~FISI~WR], I~E~E~.OP~iR~ BE .~ETURNBD ~ hiM. ~ ~ MOTION B~~CI~MAN ~E~UI ~--~~~ BY COUNCII;~'~~ M~IWLEY, THAT THE COUNCIL R~,~_U~N ~_~J~_3 P~M~Ct~_~U~%~TEE _~O HE.~'R~FI~i~EB_~lt~- THE AMOUNT OF $10,000.00. ROLL CALL VOTE: AYES: VICE MAYOR FITEMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. DR. HENRY FISHER, DEVELOPER, SAN SEBASTIAN SPRINGS, REQUESTED PARTIAL REDUCTION OF THE PERFORMANCE BOND THAT WOULD BE EQUAL TO THE AMOUNT RESULTING FROM THE INSTALLATION OF THE SOIL CEMENT FOR THE SAN SEBASTIAN SPRINGS SUBDIVISION. AFTER SOME DISCUSSION, IT WAS THE OPINION OF THE MAYOR AND COUNCIL TO POST~ PONE AND TABLE THE DECISION UNTIL THE MATTER HAS BEEN RESOLVED WITH THE ST. JOHN'S WATER MANAGEMENT DISTRICT. THE CITY CLERK READ A LETTER OF RESIGNATION FROM BOB DALTON, RESIGNING FROM THE POLICE COMMITTEE. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILWOMAN MCKINLEY, TO ACCEPT THE LETTER OF RESIGNATION FROM BOB DALTON WITH REGRET. MOTION CARRIED. COUNCILWOMAN MCKINLEY RECOMMENDED THAT MR. DONALD O'CONNOR BE APPOINTED TO THE POLICE COMMITTEE AND THAT MR. OTTO BE MADE AN ALTERNATE MEMBER, SINCE THE COMMITTEE DOES NOT HAVE AN ALTERNATE MEMBER AT THIS TIME. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, TO APPOINT MR. DONALD O'CONNOR TO THE SEBASTIAN POLICE COMMITTEE AND TO APPOINT MR. OTTO AS AN ALTERNATE MEMBER OF THE SEBASTIAN POLICE COMMITTEE. MOTION CARRIED. COUNCILMAN SZELUGA VOTED NAY. MINUTES: REGULAR COUNCIL MEETING JANUARY ll , 1984 AS CHAIRMAN OF THE ST. WILLIAMS CATHOLIC CHURCH CARNIVAL, VICE MAYOR FITZMAURICE REQUESTED THAT ALL CITY OCCUPATIONAL LICENSE FEES BE WAIVED FOR THE CARNIVAL FESTIVAL TO BE HELD ON FEBRUARY 2 ~ 5 AT THE CORNER OF U.S. #1 AND C.R. 512. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO WAIVE THE CITY OCCUPATIONAL FEES TO EXTEND OUR INTENT TO COOPERATE WITH THE ST. WILLIAM'S CHURCH AND MR. FITZMAURICE AND HIS EFFORTS TO PUT ON A GOOD CARNIVAL THIS YEAR. MOTION CARRIED. MAYOR FLOOD RECOMMENDED THAT SOMEONE FROM THE CITY ATTEND A MEETING HELD IN TALLAHASSEE, FLORIDA, ON JANUARY 12, 1984, CONCERNING LEGISLATIVE POLICY ON ANNEXATIONS. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY VICE MAYOR FITZMAURICE, THAT WE ALLOW REIMBURSEMENT OF TRAVEL EXPENSES FOR THE MAYOR OR HIS REPRESENTATIVE FOR TRAVEL TO TALLAHASSEE, ON JANUARY 12, 1984. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD MOTION BY COUNCILMAN GALWAy, SECONDED ~ COUN PEG RONDEAU, TO SERVE ALC~9,H.O,~IC--~EVE-B, AGES~;~T THE JANUARY 19, 1984 AND TO PERMIT MR. ESTERBROOK TO SERVE ALCOHOLIC BEVERAGES AT THE SEBASTIAN COMMUNITY CEN~ON~RUARY 4, 1984. MOTION CARRIED. MOTION BY COUNCILMAN GALLAGHE~, SECON~D BY COUNCILWOMAN THE FEES FOR THE FOURTH OF JU~Y ~O~MI~TEE FOR THE RENTAL COMMUNITY CENTER ON JULY 3, MOTION CARRIED. CILWOMAN MCKINLEY, TO PERMIT SEBASTIAN YACHT CLUB ON MCKINLEY, TO WAIVE OF THE SEBASTIAN COUNCILMAN/~G~LLA~R ~ COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD THAT IT BE RESPONSIBLE FOR NAYS: NONE MOTION CARRIED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, THAT THE FOURTH OF JULY COMMITTEE BE PERMITTED TO SERVE ALCOHOLIC BEVERAGES AT THE SEBASTIAN COMMUNITY CENTER ON JULY 3, 1984. MOTION CARRIED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO BRING TO THE FLOOR FOR DISCUSSION AND POSSIBLE ACTION THE MATTER REGARDING A RUN OFF ELECTION. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. COUNCIMAN GALLAGHER RECOMMENDED THAT THE CITY ATTORNEY PREPARE AN ORDINANCE TO BE PLACED ON MARCH 13, 1984 BALLOT ASKING IF VOTERS OF THE COMMUNITY CHOOSE TO CHANGE THE CHARTER TO PROVIDE RUN OFF ELECTIONS IN THE EVENT A CANDIDATE FOR THE MAYOR RACE DOES NOT RECEIVE 50% PLUS 1 (ONE) VOTE. MINUTES: REGULAR COUNCIL MEETING JANUARY ll, 1984 AFTER SOME DISCUSSION, MAYOR FLOOD SUGGESTED THAT A REVIEW COMMITTEE BE SET UP TO FURTHER REVIEW THE RUN OFF PROCESS FOR COUNCIL CANDIDATES, EVEN THOUGH HE WAS OF THE OPINION THAT THE TURN OUT PERCENTAGE FOR RUN OFF ELECTIONS IS USUALLY POOR. COUNCILMAN GALLAGHER ALSO AGREED THAT FURTHER RESEARCH IS NEEDED REGARDING COUNCIL RUN OFF PROCEDURES BUT FELT IT COULD BE PUT TO A BALLOT VOTE SEPARATELY AT A LATER DATE. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE PLACING THE QUESTION OF ELECTION PROCEDURE REFORM ON THE BALLOT, CHANGING SECTION 4.12, SO IT ALLOWS FOR RUN OFF ELECTION IN THE EVENT A CANDIDATE FOR THE MAYORS SEAT DOES NOT RECEIVE 50% PLUS ONE VOTE. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER NAYS: COUNCILMAN SZELUGA MAYOR FLOOD MOTION CARRIED. MAYOR FLOOD STATED THAT THIS WILL BE PLACED ON THE BALLOT, PROVIDING THE CITY ATTORNEY WILL HAVE IT PREPARED IN TIME FOR THE MARCH 13,1984 ELECTION AND IF NOT IT CAN BE PLACED ON THE NOVEMBER BALLOT. MOTION BY COUNCILMAN SZE S-~-CON--I~ED B~--COUNCILWOMAN MCKINLEY, TO BRING TO REGARDING THE SOIL MOTION CARRIED. MCKINLEY, UPON THE RECOMMENDATION OF THE CITY ENGINEER, THAT THE PROPOSAL FROM PAN AMERICAN ENGINEERING COMPANY FOR $1 ,700~Bk~--~S~EPTED, FOR THE ROAD REPAIR ON CITRUS AVENUE, PROVIDING WE HAVE THE 'M~f'TEY I~HE BUDGET FOR IT. MAYOR FLOOD COMMENTED THAT $50,000.00 ~AS BEEN SET ASIDE IN THE BUDGET FOR ROAD MAINTENANCE. ~ ~' ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE ~COU~C.r~.mA~_SZEJ. J~_GA __ __ MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY, AS AMENDED, AN AMENDMENT TO ORDINANCE 0-81-8 DATED MAY 11, 1981, PROVIDING FOR REPEALING OF EXHIBIT "A" TO ORDINANCE 0-81-8 DATED MAY 11, 1981; CLARIFYING THE CITY's RIGHTS UPON A TRANSFER OF THE FRANCHISE; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR A CONFLICT CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY VICE MAYOR FITZMAURICE, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN AMENDMENT TO ORDINANCE 0-81-8 DATED MAY 11, 1981, PROVIDING FOR REPEALING OF EXHIBIT "A" TO ORDINANCE 0-81-8 DATED MAY 11, 1981, CLARIFYING THE CITY'S RIGHTS UPON A TRANSFER OF THE FRANCHISE PROVIDING FOR SEVERABILITY CLAUSE: PROVIDING FOR A CONFLICT CLAUSE: PROVIDING FOR AN EFFECTIVE DATE. ROLL CALL VOTE: A YES: VICE MAYOR FITZMAURICE COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: COUNCILMAN SZELUGA MOTION CARRIED. COUNCILMAN SZELUGA STATED THAT HE WOULD NOT VOTE IN FAVOR OF THIS MOTION, SINCE HE IS OF THE OPINION THAT GENERAL DEVELOPMENT UTILITY NEVER FORMALLY REQUESTED TO EXTEND THE FRANCHISE AGREEMENT. ATTORNEY KILBRIDE READ FOR THE THIRD AND FINA.~ TIME BY TITLE ONLY OF AN AMENDMENT TO ORDINANCE 0-81-8 DATED MAY 11, 1981, PROVIDING FOR REPEALING OF EXHIBIT "A" TO ORDINANCE 0-81-8 DATED MAY 11, 1981; CLARIFYING THE CITY'S RIGHTS UPON A TRANSFER OF THE FRANCHISE: PROVIDING FOR SEVERABILITY CLAUSE: PROVIDING FOR A CONFLICT CLAUSE: PROVIDING FOR AN EFFECTIVE DATE. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILWOMAN MCKINLEY, TO ADOPT THE THIRD AND FINAL READING BY TITLE ONLY OF AN AMENDMENT TO ORDINANCE 0-81-8 DATED MAY 11, 1981, PROVIDING FOR REPEALING OF EXHIBIT "A" TO ORDINANCE 0-81-8 DATED MAY !1, 1981, CLARIFYING THE CITY'S RIGHTS UPON A TRANSFER OF THE FRANCHISE PROVIDING FOR SEVERABILITY CLAUSE: PROVIDING FOR A CONFLICT CLAUSE: MINUTES: REGULAR COUNCIL MEETING JANUARY 11, 1984 PROVIDING FOR AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: COUNCILMAN SZELUGA MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN AMENDMENT TO ORDINANCE 0-81-9, DATED MAY 11, 1981, PROVIDING FOR REPEALING OF EXHIBIT "A" TO ORDINANCE 0-81-9 DATED MAY 11, 1981; CLARIFYING THE CITY'S RIGHTS UPON A TRANSFER OF THE FRANCHISE: PROVIDING FOR SEVERABILITY CLAUSE: PROVIDING FOR A CONFLICT CLAUSE: PROVIDING FOR AN EFFECTIVE DATE, AS AMENDED. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY VICE MAYOR FITZMAURICE, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN AMENDMENT TO ORDINANCE 0-81-8 DATED MAY 11, 1981, PROVIDING FOR REPEALING OF EXHIBIT "A" TO ORDINANCE 0-81-8 DATED MAY !1, 1981; CLARIFYING THE CITY'S RIGHTS UPON A TRANSFER OF THE FRANCHISE: PROVIDING FOR SEVERABILITY CLAUSE: PROVIDING FOR A CONFLICT CLAUSE: PROVIDING FOR AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE M~YO~7OOD MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY AN OF EXHIBIT A TO ORDINANCE 0-81-9, ~A. TED MAY 1!, 1981; CLARIFYING THE CITY S RIGHTS UPON A TRANSFER OF THE FSAIICHI~E: PROVIDING FOR SEVERABILITY CLAUSE: PROVIDING FOR A CONFLICT C.LAOSE: PRg~DING FOR AN EFFECTIVE DATE, AS AMENDED. ADOPT THE THIRD AND FINAL READING BY TITLE ONLY OF AN AMENDMENT TO ORDINANCE C R_ Y:N RZGHTS WON A COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: COUNCILMAN SZELUGA MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN AMENDMENT TO ORDINANCE 0-81-9 DATED MAY 11, 1981, PROVIDING FOR REPEALING OF EXHIBIT "A" TO ORDINANCE 0-81-9 DATED MAY !1, 1981; CLARIFYING THE CITY'S RIGHTS UPON A TRANSFER OF THE FRANCHISE: PROVIDING FOR SEVERABILITY CLAUSE: PROVIDING FOR A CONFLICT CLAUSE: PROVIDING FOR AN EFFECTIVE DATE. ATTORNEY KILBRIDE COMMENTED THAT LANGUAGE IN SECTION I, 'SHOULD READ "UNITS 14 AND 15' MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN GALLAGHER, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN AMENDMENT TO ORDINANCE 0-81-9 DATED MAY !1, 1981, PROVIDING FOR REPEALING OF EXHIBIT "A" TO ORDINANCE 0-81-9 DATED MAY 11, 1981; CLARIFYING THE CITY'S RIGHTS UPON A TRANSFER OP THE FRANCHISE PROVIDING FOR SEVERABILITY CLAUSE: PROVIDING FOR A CONFLICT CLAUSE: PROVIDING FOR AN EFFECTIVE DATE, AS AMENDED. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: COUNCILMAN SZELUGA MOTION CARRIED. MINUTES: REGULAR COUNCIL MEETING JANUARY ll, ]984 ATTORN EY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY AN AMEND- MENT TO ORDINANCE 0~81~9 DATED MAY 1!, 1981, PROVIDING FOR REPEALING OF EXHIBIT "A" TO ORDINANCE 0-81-9 DATED MAY !1, 1981; CLARIFYING THE CITY'S RIGHTS UPON A TRANSFER OF THE FRANCHISE: PROVIDING FOR SEVERABILITY CLAUSE: PROVIDING FOR A CONFLICT CLAUSE: PROVIDING FOR AN EFFECTIVE DATE. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY VICE MAYOR FITZMAURICE, TO ADOPT THE THIRD AND FINA~ READING OF AN AMENDMENT TO ORDINANCE 0-81-9 DATED MAY 11, ~98!, PROVIDING FOR REPEALING OF EXHIBIT "A" TO ORDINANCE 0-81-9 DATED MAY !1, 1981; CLARIFYING THE CITY'S RIGHTS UPON A TRANSFER OF THE FRANCHISE: PROVIDING FOR SEVERABrLITY CLAUSE: PROVIDING FOR A CONFLICT CLAUSE: PROVIDING FOR AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: COUNCILMAN SZELUGA MOTION CARRIED. THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED: 8:58 P.M. MINUTES APPROVED AT REGULAR C~L~TING ON MARCH 14,1984.