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HomeMy WebLinkAbout01221986 PUBLIC HEARING AND REGUIA~ CITY COUNCIL MEETING JANUARY 22, 1986 - 7:00 P.M. MINUTES CA~ ~0 ORDER MAYOR JIM GALLAGHER CALLED THE CITY COUNCIL MEETING TO ORDER AT 7:00 P.M. PRESENT: VICE MAYOR KENNETH ROTH COUNCIIkiAN RICIiARD SZELUGA COUNCILbiAN PETER VALLONE CITY ATTORNEY THO~iAS C. PALb~R MAYOR JIM GAl J AGHER NONE VICE MAYOR ROTH LEAD THE COUNCIL AND AUDIENCE IN THE PLEDGE OF ALLEGIANCE TO THE ~U~AG. ANNOUNCEMENTS: MR. GEORGE SCHUM ADDRESSED RIlE COUNCIL AND AUDIENCE WITH REGARD TO TEH SEBASTIAN AREA HISTORICAL SOCIETY AND A FILM THEY PLAN ~OW AZ T~E~SE~A~TaI~COMMUNITY CENTER ON WEDNESDAY, JANUARY 29, 1986, AT NO CHARGE~ %I{IS PRESi~_~T~0N WI~I~n ~_~AwI~A SLIDE SHOW, THE SLIDES WERE PREPAREDPP~A BY MR. GEORGE NELSON. MR. SCHtIM ALS~ADVI~ED %]:-AT T~M ~EBASTIAN VOLU[CfEER FIRE DEPARTMENT WOULD BE HOLDING THEIR ANNUAL CHICKEN DI~RqER ON _~-EBKUARY 9~ ~986, AT THE FIRE HOUSE ON U.S. HIGHWAY ~1, BETWEEN THE HOURS ~F 12N00N A~D .5~0 P.M., AbD REqUeSTED THAT THE COUNCIL AND AUDIENCE SUPPORT THEIR FIRE DEPARTMENT. ~ __ __ [J PROCLAMATIONS: ATTORNEY PALMER READ IN ITS ENTIRETY~OCqA~ION PROCLAIMING MR. ROBERT KROLL, E~4PLOYEE OF THE MONTH, FOR THE MObrllq OF DECEMBER, lC~8~.= --MAYOR-~GALLAGHER INVITED MR. KROLL AND MR. PELTIER, DIRECTOR OF PUBLIC WORKS, TO THE PODIUM AND £ON23RA.TU]Al~L~D MR. KROLL FOR THIS EXCEI.~.~.NT SERVICE TO THE CITY, THIS WAS CONTAINED IN THE ORIGINAL ~MgM>~E, A PROCLAMATION AND A PLAQUE. PUBLIC HEARING: MAYOR GALLA~P~---~IC~IN~:~ ~ ~D _~E ORDINANCE WOULD BE PROHIBiTI~RC-E [.9_.~EN ~[~ W~[T~II~ T~'~ L2Mi2TS. [ A \ ON sim WO SS- T rrr NG TRZES r OUGH STRUMS OF SEBASTIAN, THE~DISTRUCTIOS~-O-F 2'Iq~S~S ~'~ AN E~C2qSI~]~ REPAIR-BI% y(Jr~' THE TAXPAYERS. MR. SKILI.k~ ALSO RECOMbtESDED THAT THE TIME OF THE BEGINNING OF THE BURNING BE CHANGED FROM 9:00 A. SH. TO ? :00 A.M., MR. SKILI2q~ ADVISED THE COUNCIL THAT MOST COSTRACTORS BEGIN THEIR WORK DAY VERY EARLY IN THE MORNINGS. MR. ARTHUR LEMIER, CITRUS STREET, STATED THAT WHEN THE DEVELOPERS BURN ACROSS THE STREET FROM CITY HALL THAT HE AND HIS FAMILY MUST LEAVE THE HOUSE THAT THE SMOKE IS SO BAD. MR. LEMIER SUGGESTED THAT THE COUNCIL ENCOURAGE THE DEVELOPERS TO CHIP THE TREES PRIOR TO BURNING OR HAUL THE TREES AWAY. MRS. IRENE TRAFFACANNI, ADVISED THE COUNCIL THAT THE DEVELOPERS ABUSE THE PRIVILEDGE TO BURN AND IT SHOULD BE PROHIBITED, SHE CONTINUED TO ADVISE THE COUNCIL THAT THE CITY HAD TO PULL THE BURN PERMIT FOR THE NEW PROPOSED CHURCH ON SHCUMANN DRIVE, DUE TO ~ SMOKE BEING SO DENSE. SHE ALSO REQUESTED THAT THE COUNCIL REQUIRE ANY HOME OWNER TO BUILD A CHIMNEY ON ALL HOME BUILT BAR- B-QUES AND EVEN THE NEIGHBORS ABUSE THE ABILITY TO BURN. MR. MCCULE, ORANGE HEIGHTS, SAID HE WAS AWARE THAT THE SMOKE WAS A NUISANCE TO 2~HE RESIDENTS, HOWEVER HE STATED THAT HE HAD BEEN IN EXCAVATION ALL HIS LIFE AND STATED THAT THERE ARE MEANS OF BURNING WITHOUT ALLTHE SMOKE SUCH AS AREIATION OF THE DEBRIS. MR. THOMPSON, MAIN STREET, STATED THAT THE ORDINANCE AS PROPOSED IS MUCH TO0 RESTRICTiVE, IN HIS OPINION, AND IT IS AN ASSISTANCE TO THE DEVELOPER TO AIJOW THEM TO BURN AS IT DECREASES THE COST IN THE CONSTRUCflON. THE DEVEIOPERWILLADDRI-IE COST OF HAULINGTOTHE CUSTOMERAND DISCOURAGE GROWI'H IN THE CITY. MR. THOMPSON RECObiMENDED T~TTHE COUNCIL CONSIDER 'DEFEAT. AN UNIDENTIFIED GENTLEMAN STATED THAT THE ORDINANCE PRESENTLY PROHiBiTS BURNING AND AT THE CURRENT TIME THE BURNING IS GOING ON RIGHT ACROSS THE STREET. MAYOR GALLAGHER CALLED FOR COb~MFlX~rS FROM THE PUBLIC. THERE BEING NONE MAYOR GALLAGHER CLOSED THE PUBLICHEARING AT 7:25 P.M. PUBLIC HEARING & REGULAR COUNCIL MINUTES JANUARY 22, 1986 PAGE 2 OLD BUSINESS: ORDINANCE - AMENDING SECTION ii-19/PROHIBITING LARGE OPEN FIRES ATIORNEYP~READ FOR THE SECOND AND FINAL TIME, BY TITLE ONLY, AN ORDINANCEOFTHE CITY OF SEBASTIAN~ FLORIDA, AMENDING SECTION 11-199 OF THE CODE OF ORDINANCES AND THEREBY PROHIBITING THE BURNING OF CERTAIN SUBSTANCES, REGULATING CERTAIN RESIDENTIAL BURNING AND LAND CLEARING FIRES; PROVIDING FOR VARIANCES, PROVIDINGAN EFFECTIVE DATE. COUNCIIMAN SZELUGA RECOMMENDED THATTHETiME ESTABLISHED FOR BEGINNING THE BURN BE AMENDED FROM 9:00 A.M. TO 7:00 A.M. ATIORNEY PJJ_MER STATED THAT THESTATE LAW DOES NOT ALLOW THE BURNING TO BEGIN BEFORE 9:00 A.M. COUNCILMAN SZELUGA WITHDREW HIS RECO~4MENDATION. ROLL CAIJ, VOTE: AYES: NAYS: VICE MAYOR ROTH COUNCILMAN SZELUGA COUNCILMAN VAtLONE MAYOR GALLAGHER NONE MOTION CARRIED. RECOM~ENDATION RE: BID OPENING 1/15/86 TRAClt)R FOR GOLF COURSE MAYOR GALLAGHER STATED THAT MRS. ~ON--KR~,~~D~--~ ~r-~ ~ THAT THE COUNCIL POSTPONE THE AWARDING OF THE BID UNTIL THE WORKSHOP Y~-ETING.IN FEgRJARY~S/IHE BIDS NEED TO BE REVIEWED VERY CLOSELY MOTION BY COUNCILMAN VALLONE, 9F~_IkWDED-,3Y CgL~CILMA~ SZELUGA, TO POSTPONE THE AWARDING OF THE BID OF THE GOLF COURSE TRACTOR UNTIL ~ FEBRUARY WORKSHOP MEETING. ALL AYES: ~ T MOTION CARRIED. MAYOR'S MATIERS: ~ / ~C~D~m~Gs~cU~m~U~oS~N~Tu~ @ THE AGFOR TIlE SEI4 ELEI~NTARYTA A~ooLM~N~c.RI~?EIs~2? FORM CHIEF NAPPI THIS WOULD ~t~Jk~ AGE~ ]OI~-T~FIIiQR'-~ ~S I1TkIVl ]I~Ii-IE ~-'t~DA qk'~(JR-GALLAGHER STA~D ~T ~YOR G~~ ~TAT~ ~A~~~EI~A~O ~0~ ~~A~. ~m, CI~ ~GI~2, Rm~DING ~A~ ~ iB[I~ ~~!~ ~2T mE~R~ ~E ~ ~ SEBASTI~ VOLU~m FIRE DEP~~~ ~ ~E~B~A~ON B~m ~ ~ W~.L~IKE ~ IN~UDE ~g wgI~ OF ~S IN ~E ~TIS~ ~ BID. MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCIL~DiN VALIDNE, TO ADD TO THE AGENDA A REQUEST TO WAIVE BUILDING PERMIT FEES FOR THE SEBASTIAN VOLUNTEER FIRE DEPARTMENT SUB-STATION. ALL AYES: MOTION CARRIED. MAYOR GALLAGHER STATED THAT HE WOULD APPRECIATE THE COUNCIL ADDING TO I/RE AGENDA A STATUS OF GOLF COURSE MANAGER, RAY LADD. MOTION BY COUNCILMAN SZELUGA, SECONDED BY VICE MAYOR ROTH, TO ADD TO THE AGENDA STATUS OF GOLF COURSE MANAGER, RAY LADD. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR ROTH COUNCILMAN SZELUGA MAYOR GALLAGHER COUNCILMAN VALIDNE MOTION FAILED. UNANIMOUS CONSENT BY COUNCI~ERS PRESENT IS REQUIRED TO ADD AN ITEM TO THE AGENDA. MAYOR GALLAGHERREQUESTEDTHATTHREE COUNCIL MEMBERS ARE PERMIITEDTO CALL AN EMERGENCY MEETING AND REQUESTED TAHT THEY HOLD AN EMERGENCY MEETING IMMEDIATELY FOLLOWING %/-IEREGUIAR COUNCIL MEETING IN PROGRESS. MOTION BY COUNCILMAN SZELUGA, SECONDED BY VICE MAYOR ROTH, THAT THIS COUNCIL HAVE AN MMERGENCY MEETING TO RESOLVE THE PROBLEM OF ~ GOLF COURSE MANAGER AND THE GOLF COURSE IMMEDIATELY FOLLOWING COMPLETION OF THE BUSINESS AT THIS TABLE. PUBLIC HEARING & REGULAR COUNCIL MINUTES JANUARY 22, 1986 PAGE 3 VICE MAYOR ROTH QUESTIONED AS TO HOW THIS PROBLEM WOULD BE RESOLVED. COUNCILMAN SZELUGA AMENDED HIS MOTION THAT HE R~VE '~RESOLVE" AND SUBSTITURE "DISCUSSION AND POSSIBLE ACTION." COUNCILMAN VALIONE QUESTIONED WHAT THE ~ERGENCY WAS IN THIS CASE, THAT IT WAS HIS UNDERSTANDING THAT AN EMERGENCY WAS A SITUATION THAT ENDANGERED THE PUBLIC HEALTH AND SAFETY. COUNCILMAN VALLONE STATED THAT HE FELT THE GOLF COURSE WAS IN CAPABLE HANDS AT THIS TIME. ROLL CALL VOTE: AYES: NAYS: VICEMAYOR ROTH COUNCILMAN SZELUGA MAYOR GALLAGHER COUNCILMAN VALLONE MOTION CARRIED. MAYOR GALLAGHER ADVISED FOR THE RECORD THAT HE HAD SUSPENDED MR. RAY LADD, GOLF COURSE MANAGER, ON MONDAY, jANUARY 20, 1986, AS OUTLINED IN HIS LEITER AND THAT MR. LADD HAD BEEN CHARGED WITH INEFFICIENCY, iNCOMPETENCY AS HE WAS UNABLE TO PRODUCE FOOD ORDER TICKETS. COUNCIL MAYTERS: VICE MAYOR ROTH STATED THAT AS A Mt~MBER OF THE TRANSPORTATION CO~ITI~E HE HAD ~CEIVED A LEITER ~OM THE COU[~fYREGARDING THE IN HOUSE ENGINEERi~ STAFF OF INDIAN RIVER COUNTY ~EPARING THE ENGINE~ING FOR ll-IE PROPOSED TRAFFIC LIGI~ AT THE CORN~ OF SCHUMANN DRI~ AND U.S. HIG~AY #1 AND STA~D THAT T~TRANSPO~T~ON_~iD~ITI~~MAKETHE~COMMENDATION FOR THE COUNTY ENGINEERING ~ ~ARE PLANS IF R~L~T~S~K]~ ~$~/0~ THE COUNCIL, THIS WO~D BE DISCUSSED A THE NEXTTRANSPORTATIONCO~I%TEE~ET-PNG. ~'/ MAYOR GALLAGHER THAN~D VICE b Ak[O~]ROTH ANE F~UES~D THAT HE ~OC~D. WISHED HIM SUCCESS, ,._., _ _ BOTH COUNCILMAN SZ~UGA AND COUNCILMAN V~NE BOTH EXPRESSED THEIR DESI~ FOR VICE MAYOR ROTH COUNCILt~N V~NE STA~D THAT ~ST k~EKT[-IE D JURY ~UND ~RMER POLICE CORPORAL RALPH S~ITH N~ GUIL~ AND HE ~OCEEDED TO STA~ T~T Tt-IEI'~USCIL SHOULD CONSIDER ~INSTATING CORPORAL S~ ~I~ FULL BACK P~. ~ MAYOR G~GHER STA~D THAT ~IS ~[~D HAVE TO BE PLACED ON ~E ~ENDA ~R DISGSSION AND POSSIB~ U IONB SSION mSSIBLEACTION mUNCILMAN V~mNE STA~D THAT HE HAD RE~I~D THE LETImS mOM mYOR GAI~AGHER'S OFFICE Rm~DING THE INVESTIGATION BY ~E SEBASTIAN POLICE DEP~TMENT INTOR'HEGO~ COURSE AND ACCORDING ~ THE N~SP~S SO~ OF THE POLICE O~ICER'S ARE I~OL~D AND ~COb~MENDED RltlT T~ COUNCIL CAI~ I~EP~DENT INVESTIGA~RS, SU~ AS THE SHERIFF'S 0FFI~, AS THE CITIZENS OF THE AREA SHOULD BE AFFORDED A ~ INVESTI~TION. MOTION BY COUNCILMAN VALLONE, TO ADD TO THE AGENDA CONTACTING INDEPENDENT INVESTIGATORS TO REVIEW THE SITUARTION OF THE GOLF COURSE AND ITS MANAGEMENT. MOTION DIED FOR LACK OF A SECOND. VICE MAYOR ROTH STATED THAT HE WOULD APPRECIATE CITY PUBLIC OFFICIALS NOT COM~mNTING WITHOUT .174E BACKING OF DOCUMENTS. NEW BUSINESS: RESOLUTION - ESTABLISHING POLLING PLACE FOR THE GENERAL MUNICIPAL ELECTION ATIORNEY PALMER READ, BY TITLE ONLY, A RESOLUTION DESIGNATING THE OFFICIAL POLLING PLACES FOR THE GENERAL MUNICIPAL ELECTION FOR THE PURPOSE OF ELECTING A MAYOR AND A COUNCIL MEMBER FOR TERMS OF TWO (2) YEARS. ~ MAYOR GALLAGHER EXPLAINED THE NEW POLLING PLACES WERE FOR THE PURPOSE OF CONVENIENCE FOR THE RESIDENTS THEY WILL PROVIDE QUICKER POLLING AND CONTINUED WITH RECOMMENDING THAT EACH REGISTERED VOTER LOOK AT THEIR CARD AND EACH CARD DESIGNATES THE. IR PRECINCT; PRECINCT 12, THE SEBASTIAN COMMUNITY CENTER, PRECINCT 15, SEBASTIAN LAKES CLUBHOUSE AND PRECINCT 16, CALVARY BAPTIST CHURCH. ~TION BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN SZELUGA, TO ADOPT %HE READING, BY TITLE ONLY, OF A RESOLUTION DESIGNATING .THE OFFICIAL POLLING PLACES FOR'THE GENERAL MUNICIPAL ELECTION FOR THE PURPOSE ELECTING A MAYOR AND A COUNCIL MEMBER FOR TERMS OF TWO (2) YEARS. ALL AYES: MOTION CARRIED. PUBLIC HEARING &REGULAR COUNCIL MINUTES JANUARY 22, 1986 PAGE 4 RESOLUTION - ESTABLISHING POLLING PLACES FOR THE SPECIAL MUNICIPAL ELECTION MAYOR GALLAGHER STATED THAT THE SPECIAL ELECTION WAS CAIJ.ED FOR THE PURPOSE OF ELECTING ONE COUNCIL MEMBER FOR A TERM OF APPROXIMATELY ONE (1) YEAR, THIS WAS TO FILL THE UNEXPIRED TERM OF L. GENE HARRIS WHO RESIGNED TO RUN FOR THE MAYORS SEAT. MAYOR GALLAGHER STATED THAT THE LAST DAY OF QUALIFYING FOR %IiE MAYOR AND COUNCIL MtlMBER (2) YEAR TERM WOULD BE THiS FRIDAY, JANUARY 24, 1986, AT 4:30 P.M. AND THE LAST DAY FOR QUALIFYING FOR THE'ONE YEAR SEAT WOULD BE ON FRIDAY, JANUARY 31, 1986 AT 4:30 P'.M., MAYOR GALLAGHER STATED THAT ANY PERSON iRrI~STED IN RUNNING FOR OFFICE SHOULD CONTACT THE CITY CLERK'S OFFICE, CITY HALL, DURING THE HOURS OF 8:00 A.M. AND 4:30 P.M. ATTORNEY PALMER READ, BY TITLE 'ONLY, A RESOLUTION DESIGNATING THE OFFICIAL POLLING PLACES FOR A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF ELECTING ONE (%) COUNCIL Mt~MBER FOR A ~"~ERM OF (1) MOTION BY COUNCIIIMAN SZELUGA, SECONDED BY VICE MAYOR ROTH, TO ADOPT THE READING, BY TITLE ONLY, A RESOLUTION DESIGNATING THE OFFICIAL POLLING PLACES FOR A SPECIAL MUNiCiPAL ELECTION FOR THE PURPOSE OF ELECTING ONE (1) COUNCIL MEMBER FOR A TERMOF ONE (1)YEAR. ALL AYES: MOTION CARRIED. RESOLUTION - ABANDONING EAS~NENT LOTS 5 & 6, BLOCK 404, UNIT ll/GINISO ATIDRNEY PALMER READ, BY TITLE ONLY, A P, ESOLUTION VACATING, ABOLISHING, ABANDONING AND DIS- CONTINUING A PORTION OF THE EASEMENTS B~EN THE SOUTHEAST SIDE OF LOT 5 AND THE NORTHWEST SIDE OF LOT 6, BLOCK 404, UNIT 11, SEBASTIAN HIGHLANDS, ACCORDING .TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 7-56G, PUBLIC REQ~OF-TN~V~O~NTY,. FiORIDA. MOTION BY COUNCILMAN SZELUGA, SECONDED BY VICE MAYOR ROTH, TO GRANT THE CONDITIONAL USE PERMIT TO AMERON HOMES LOCATED ON LOT 2, BL~!8 'iT 8. ALL AYES: ' ~ ~ MOTION CARRIED. TRAVEL EXPENSES - KENNETH ROTH/TRAN~?~T~TIONICO~IITEE MEETINGS V= VOU MEETINGS THAT HE ATTENDS IN VERO NINE MEETINGS LISTED FOR A TOTAL OF $52.20. ALL AYES:~ ~ ~--~ ~ ~ ~-----~ -- ~MO~I~CARRIED. :::U:::Y C~~KEs~ ':.E~A:~Ou~LT:E~ RE~I~O~~ON REGA~)ING THE SEBASTIAN HOMEMAKERS CLUB REOUEST FOR ~IREE USE OF THE YACHT CLUB ON FEBRUARY 14, MARCH 14, APRIL 11, MAY 9, AND JUNE 13, 1986. AND THAT ALL THE DATES WERE AVAII~BLE EXCEPT FEBRUARY 14th. MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCIINAN VALLONE, TO GRANT THE FREE USE OF THE YACHT CLUB TO THE SEBASTIAN HOMEMAKERS CLUB FOR THE DATES LISTED ON THEIR LETTER EXCEPT FEBRUARY 14th, WHEN THE DATE IS RESCHEDULED THEY MAY REQUEST THAT DATE ALSO. ALL AYES: MOTION CARRIED. MEMO FROM HECTOR A. FRANCO RE: WAIVE OF BUIIJ)ING PERMIT FEES FOR BARBER STREET SUB- STATION. MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCIIMAN SZELUGA, THAT THE COUNCIL AUTHORIZE THE CITY CLERK TO ADVERTISE THE BID FOR THE FIRE STATION AND A WAIVE OF ALL CONSTRUCTION PERMIT FEES. ALL AYES: MOTION CARRIED. MOTION BY VICE MAYOR ROTH, TO ADJOURN CITY COUNCIL MEETING ADJOURNED AT 7:55 P.M. CITY CLERK MAYOR THE MINUTES WERE APPROVED AT THE CITY COUNCIL MEETING OF APRIL 16, 1986. SPECIAL CITY COUNCIL MEETING JANUARY 22, 1986 IMMEDIATELY FOLIDWING THE REGULAR COUNCIL MEETING - 7:55 P.M. MEETING MAYOR GALLAGHER CAI, LED THE SPECIAL CITY COUNCIL MEETING TO ORDER AT 7:55 P.M. AND STATED THAT THE MEETING HAD BEEN CALI~I) BY THE COUNCIL DURING THEIR REGULAR COUNCIL MEETING, THIS DATE. ROLL CALL: PRESENT: VICE MAYOR KENNETHROTH COUNCILMAN RICHARD SZELUGA COUNCIIItAN PETER VALLONE CITY ATTORNEY THOMAS C. PAIAIEt~ MAYOR JIM GALLAGHER ABSENT: NONE MAYOR GALI_AGHER STATED THAT THIS MEETING HAD BEEN CALLED IN ACCORDANCE WITH THE STIPULATIONS OF THE CITY CHARTER THAT THREE MEMBERS OF THE COUNCIL CAN CALL A SPECIAL MEETING IF THOSE MEMBERS CONSIDER A MATTERAN EMERGENCY. THE MATTER ON THE AGENDA IS FOR THE COUNCIL TO DISCUSS AND POSSIBLY TAKE ACTION REGARDING THE SUSPENSION OF RAY LADD. MAYOR GALLAGHER CONTINUED THAT AS REPORTED AT THE REGULAR COUNCIL MEETING, JUST PRIOR TO THIS MEETING, HE ADVISED THE COUNCIL THAT ON THE 20th OF JANUARY HE HAD SUSPENDED RAY LADD AND ADVISED HIM THAT IF HE SHOULD WISH TO APPEAL THIS DECISION HE WOULD BE REQUIRED TO WRITE THE MAYOR'S OFFICE REQUESTING AN APPEAL NO LATER THAN 4:00 P.M., THIS DATE. MAYOR GALLAGHER ADDED THAT THE AUDITORS HAD INFORMED HIM THAT THERE WERE POSSIBLY ~ ~RSi;C~ ~E/-~RM OF MEAL ORDER TICKETS. MAYOR GALLAGHER EXPLAINED THAT WHEN HE HAD REOU~ TIqA~~kI~U~ODUCE ~tESE TICKETS HE WAS UNABLE TO DO SO AND THE MAYOR PROCEEDED TO CHARgE-MR. L4/)DIWqTH I~NEF]FICIENCY, INCOMPETENCY AND NEGLIGENCE AS MR. LADD IS THE PERSON ULTiM[TrF~YRESPO~SqBLE.I ~AYOR GALLAGHER STATED THAT HE HAD RECEIVED TWO LETTERS FROM MR. LADD THI~ ~jlT~, OME AT .~04 ~.~., REQUESTI~ A HEARING BEFORE THE CITY COUNCIL ANT THAT THE COUNCIL~SIIF_j~ICIF2I][ TI_MIL.FORMR. LADD S ATTORNEY TO COMPLETE A THOROUGH INVESTIGATION REGARDING THE SUSPENSION AND A SECOND LETTER FROM MR. L~DD RECEIVED AT 4:35 P.M.~ REQUESTING THAT THE COUNCIL_CONSIDERREINSTATEMENT OF MR. LADD AS HE IS CONFIDENT THAT THE INVESTIGATION WILL PRODUCEflE~V~J,D~cXlCE----Ti~T WILL NOT SUPPORT HIS TERMINATION. THE CITY CLERK READ BOTH LETTERS FROM MR. LAD~IN THEIR ENTIRETY, FOR THE RECORD. I . MAYOR GALLAGHER QUESTIONED THE COUN~IL~A~ TO[~tAT PROCEDURES THEY WOULD LIKE TO FOLLOW TO POSSIBLY RESOLVE THIS ISSUE. COUNCIIJiAN ~Z~GA-R~p _~IRST~TIO~ T~E_RT, A~ED,-/~)]~R"ESSED TO m. ~D ~ STAT~ ~ ~BIF ~'A ~S~I~ ~F~TI~I~.N~F[CIEN~ ~DENC~ ~ IS NO PR~F OF ~ ~ NCO ~CY~ EF C N~IG~C; T . ~N ~E CY~ F~I~!~ k~ E. ~C~ ~ZELUGA STAT~ ~T HE FELT ~IS ~ Slt~ ~ ~E~~L~~ ~INI ~% ~T]E~. MOTION BY ~~ ggE'~ ~ ~ ~E ~STA~ ~T~ MOTION DIED FOR A LACK OF SECOND. COUNCIIMAN SZELUGA STATED THAT THE CITY HAS AN INVESTIGATION GOING ON AND THE GOLF COURSE NEEDS THE SERVICE OF A. MANAGER FOR THE OPERATION OF THE COURSE. COUNCILMAN SZELUGA STATE THAT THE INVESTIGATION COULD TAKE A DAY, MONTH, YEAR OR TEN YEARS AND THE OPERATION MUSTGO ON. COUNCIL- MAN SZELUGA STATED THAT THE POLICE DEPARTMENT WAS DOING AN INVESTIGATION AND IN THE EVENT THE INVESTIGATION WERE TO PROVE INCONSISTANCIES AT THE COURSE RELATIVE TO ANY EMPLOYEE THEN THAT PERSON WOULD BE IMMEDIATELY CHARGED AND DISMISSED. CITY IS IN NEED OF A PROMOTER AND MANAGER, THE COUNCIL AUTHORIZED A BOND ISSUE AND MONEY NEEDS TO BE COLLECTED TO PAY OFF THE BOND. COUNCIUqJAI SZELUGA IMPLORED THE COUNCIL MEMBERS TO SUPPORT HIS MOTION AND REINSTATE RAY LADD. COUNCII2qAN SZELUGA STATED THAT HE HAD TOLD MR. I~d)D ONCE BEFORE IF DEFICIENCIES WERE FOUND AT THE GOLD COURSE OR HE WAS NOT DOING HIS JOB HE WOULD BE FIRED IMMEDIATELY. MOTION BY COUNCIIMAN SZELUGA, THAT RAY LADD BE REINSTATED IN THE POSITION OF GOLF COURSE MANAGER IMMEDIATELY. VICE MAYOR ROTH STATED THAT IN ORDER TO SPEAK HE WOULD SECOND THE MOTION. MAYOR GALLAGHER STATED THAT HE WOULD ALLOW VICE MAYOR ROTH. THE FLOOR TO SPEAK AND DID NOT HAVE TO SECOND THE MOTION. MOTION DIED FOR LACK OF A SECOND. COUNCII2tAN SZELUGA STATED THAT HE WAS AFRAID TO RELINQUISH THE FIDOR THAT HE FELT FOR THE CITY AND HAS TRIED TO DO HIS BEST AND HOPED 17tAT ViCE MAYOR ROTH HAS SOMETHING TO SAY TO SUPPORT THE MOTION OR MAKE A MOTION WHICH HE WOULD SUPPORT WITH A SECOND AND YEILDED THE FLOOR TO VICE MAYOR ROTH. VICE MAYOR ROTH STATED THAT HE HAD READ THREE DIFFERENT NEWSPAPER ARTICLES ACCOUNTS OF WHAT HAS TAKEN PLACE: THE ~t¢_'ERS ATTACHED TO THE LETTER FROM THEMAYOR HAVE NO FIGURES ON THEM ONLY 58 VOUCHER. SLIP. NUMBERS: VICE MAYOR ROTH STATED THAT HE HAD READ THESE VOUCHERS WERE TURNED INTO THE SHERIFF'S OFFICE AND HE WOUIJ) BE WILLING TO LOOK AT THE COPIES TO DETERMINE IF THERE IS SOMETHING RIGHT OR WRONG. SPECIAL CITY COUNCIL MEETING JANUARY 22, 1986 PAGE 2 VICE M_AYOR ROTH STATED THAT IF THER WERE INADEQUACIES AT THE GOLD COURSE IT WAS THE FAULT OF THE COUNCIL MEMBERS AS SOME OF THIS HAPPENED IN MAY, JULY, AUGUST AND SEPTEMBER, 1985. VICE MAYOR ROTH STATED THAT THERE WAS BUDGETED MONIES FOR THE PRO-AM AND IF THE TICKETS WERE FOR PROMOTION THEY SHOULD HAVE BEEN CHARGED OFF AS SHOULD. VICE MAYOR ROTH STATED THAT PERHAPS THE ACCOUNTING PROCEDURES SHOULD BE FOLLOWED OR NEW RULES ENACTED. MAYOR GALLAGHER STATED THAT THE CHARGES ARE NOT WITH REGARD TO KEEPING RECORDS AND THE PUBLIC RECORDS LAW REQUIRES THAT THE CITY RETAIN RECORDS. MAYOR GALLAGHER STATED THAT IT APPEARS THAT EVERYONE HAD RECORDS EXCEPT THE CITY. MAYOR GALLAGHER ADDED THAT A LIST OF THE COPIES HAD BEEN GIVEN TO THE SHERIFF'S DEPARTMENT. MR. LADD IS RESPONSILBE FOR THE RECORDS AND HAS EXHIBITED INEFFICIENCIES IN RECORD KEEPING AND NO ONE HAS ACCUSED HIM OF TAKING ANYTHING. THERE ARE NO RECORDS. MAYOR GALLAGHER STATED THAT I~tE MONEY AND TALLIES ALL BALANCED. MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCIN~[AN SZELUGA, TO REINSTATE RAY LADD UNTIL THE PENDING OUTCOME OF THE INVESTIGATION. COUNCILMAN SZELUGA STATED THAT HE HAD SECONDED THE MOTION DUE TO THE STATEMENT IN MR. LADD'S LETTER THAT HE IS CONFIDENT AT THE CONCLUSION OF THE INVESTIGATION THERE WILL NOT BE EVIDENCE TO SUPPORT HIS TERMINATION. COUNCILMAN SZELUGA ADDED THT THE CITY NEEDED MR. LADD TO PROMOTE THE GOLF COURSE. MAYOR GALLAGHER STATED FOR THE RECORD THAT HE WOULD VOTE WITH THE MAJORITY OF THE COUNCIL ON THIS MOTION. ROLL CALL: AYES: VICE MAYOR~TH NAYS: MOTION BY VICE ~YOR~TH, ~ ADJO~ SPECIAL CITY COUNCIL MEETI~. ~J~RI~ 8~.M. MOTION CARRIED.