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HomeMy WebLinkAbout02071983REGULAR COUNCIL MEETING CALLED TO ORDER BY MAYOR PAT FLOOD, JR. AT 7:15 P.M. PRESENT: VICE MAYOR EVERETT T. GASS, COUNCILMAN FRANK OBERBECK, COUNCILMAN RICHARD VOTAPKA, COUNCILMAN GEORGE SCHUM, CITY ATTORNEY DANIEL KILBRIDE AND MAYOR PAT FLOOD. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, TO INCLUDE IN THE MINUTES OF REGULAR COUNCIL MEETING, JANUARY 12, 1983, THAT IT WAS DETERMINED THAT MRS. SNELL DID NOT ACT AS THE OFFICIAL SPOKESMAN FOR THE SEBASTIAN AMBULANCE SQUAD, SHE DID NOT REPRESENT T~ MAJORITY OPINION OF THE AMBULANCE SQUAD AND SHE HAD NOT INFORMED THE CHIEF OF THE AMBULANCE SQUAD ABOUT HER INDIVIDUAL REQUEST TO THE COUNCIL. ROLL CALL VOTE: A YES: COUNCILMAN VOTAPKA COUNCILMAN SCHUM NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK MAYOR FLOOD MOTION NOT CARRIED. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY VICE MAYOR GASS, TO ACCEPT THE MINUTES OF BID OPENING JANUARY 5, 1983; REGULAR COUNCIL MEETING JANUARY 12, 1983, AND REGULAR COUNCIL MEETING JANUARY 19, 1983 AS AMENDED. MOTION CARRIED. DWELLING PERMITS ISSUED F~TL'E MOWTH 0R ~NUARY 1983 WITH A TOTAL OF $3,278.95 COLLECTED IN PERMIT FEES ROBERT DOHERTY, STREET~J'~U~IA'T£NDE-~NT RE~RTED~ THAT ALL OF THE LOTS DISCUSSED AT THE DECEMBER 15, 1982,--~EAR~NG HAVE BEEN MOWED AND TAKEN CARE OF. JOSEPH LANCASTER, FINANCE DIR~R,-~ORTED THAT THE COMPUTER PROGRAMMING IS PROGRESSING AND THAT PROM[T'REPOR~ING TO THE COUNCIL WILL BEGIN. HE ALSO MENTIONED THAT THE FINAA'C!AL RE~RTS OF THE CITY WILL BE AVAILABLE BY THE 15TH OF FEBRUARY. DUE TO A~ INC~'~ASE IN COPYING SUPPLIES AND MACHINE MAINTENANCE, MR. LANCASTER R~C~.ZM~ND~D THAT THE PRICE OF COPYING BE INCREASED TO .25~ FOR 8%"x ll' PAPER, .~,~F04~8%" X 14" PAPER AND .35~ FOR il" X 17" PAPER. J/~___~H LA,~ASTER, FINANCIAL A DISCUSSION FOLLOWED REGARDING THE COST OF COPIES, WHO WOULD PAY FOR COPIES AND WHAT WOULD BE AVAILABLE FOR THE PUBLIC AT NO CHARGE. MAYOR FLOOD RECOMMENDED THAT A POLICY BE SET TO ALLOW COUNCIL MEMBERS AND CITY COMMITTEE MEMBERS TO RECEIVE COPIES FREE OF CHARGE AND THAT THE GENERAL PUBLIC PAY FOR COPIES TO BE USED FOR THEIR OWN PERSONAL USE. HE REMARKED THAT COPIES OF ALL DOCUMENTS WOULD BE AVAILABLE IN CITY HALL FOR ANYONE WISHING TO READ BUT THAT ANY OTHER ADDITIONAL COPIES FOR PERSONAL USE WOULD COST A FEE. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, THAT ALL COPIES REQUESTED BY THE GENERAL PUBLIC WILL BE PAID FOR TO THE CITY CLERK. MOTION CARRIED. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, THAT ANY CITY DOCUMENT WHICH COMES BEFORE THE COUNCIL EXCEEDING 20 COPIES BE PLACED ON A LOAN SYSTEM AVAILABLE TO THE GENERAL PUBLIC FOR A TAKE OUT PURPOSE ALONG WITH A SIGN OUT SHEET AVAILABLE TO THE PUBLIC. IF THE COPY IS DAMAGED, DESTROYED OR LOST BY THE PERSON TAKING THIS DOCUMENT OUT, HE OR SHE WILL BE LIABLE FOR THE COST OF THE ENTIRE DOCUMENT TO BE COPIED. MOTION AMENDED BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, THAT A THREE DAY TIME LIMIT BE PLACED ON ANY DOCUMENT THAT IS TAKEN OUT. MOTION CARRIED. VICE MAYOR GASS REPORTED THAT AFTER HE AND EARL MASTELLER, CITY ENGINEER, MET WITH GROVER FLETCHER, COUNTY COMMISSIONER, IT WAS AGREED TO WIDEN THAT PORTION OF LACONIA STREET ADJACENT TO STATE ROAD 512, SOUTH TO THE ALLEY ABOUT 75 FEET. THE COUNTY WILL PAVE THAT AREA AND CHARGE TO THE CITY THE PORTION OF THE ROAD BEYOND THE COUNTY LINE WHICH IS ABOUT 25 FEET. HE ALSO REPORTED THAT THE COUNTY WILL ALSO REMOVE ANY GROWTH BLOCKING THE VIEW. REGULAR COUNCIL MEETING FEBRUARY 7, 1983 VICE MAYOR GASS REPORTED AN ESTIMATE OF APPROXIMATELY TWO WEEKS FOR THE COMPLETION OF ALL STREET LIGHT INSTALLATIONS. HE MENTIONED THAT AN ADDITIONAL LIGHT WILL BE INSTALLED AT THE END OF MAIN STREET AND THAT WE WILL BEGIN TO INSTALL TWO WAY REFLECTOR MARKERS IN THE MIDDLE OF SEVERAL STREETS WHERE THERE IS A BLIND CURVE. MR. GASS MENTIONED THAT APPLICATION HAS BEEN MADE TO THE FAA FOR THE APPROVAL OF THREE SECURITY LIGHTS TO BE PLACED AT THE WEST END OF THE AIRPORT BUT SO FAR APPROVAL HAS NOT BEEN RECEIVED. THE TYPE OF FLOORING FOR THE SEBASTIAN COMMUNITY CENTER IS STILL BEING INVEST- IGATED IN ORDER TO INCLUDE ROLLER SKATING. COUNCILMAN OBERBECK REPORTED THAT THE FOURTH OF JULY COMMITTEE WILL BE MEETING FEBRUARY 10, 1983 IN THE SEBASTIAN COMMUNITY CENTER AND URGED ALL INTERESTED PERSONS TO PARTICIPATE. HE ALSO REPORTED THAT THE COMMITTEE WILL BE HOLDING A BAKE SALE, SATURDAY, FEBRUARY 12, 1983 AT THE ROSELAND SHOPPING PLAZA AND ALL DONATED CAKES WOULD BE APPRECIATED. COUNCILMAN ~OTAPKA, REPORTED THAT THE NEW PROPOSED RULES AND REGULATIONS OF THE SEBASTIAN CEMETERY WILL BE READY FOR THE COUNCIL'S REVIEW BY THE FEBRUARY 16, 1983 MEETING. IN ORDER FOR THE MOSQUITO CONTROL SERVICE TO BE COMPLETELY EFFECTIVE THROUGHOUT THE CITY, COUNCILMAN SCHUM REPORTED THAT REFLECTORS HAVE BEEN PLACED IN THE ROAD BEDS IN ORDER TO INDICATE TO THE MOSQUITO CONTROL DRIVER WHAT DIRECTION TO FOLLOW. COUNCILMAN SCHUM, RECOMMENDED THAT FLORIDA POWER AND LIGHT COMPANY NOTIFY ALL LOCAL RADIO STATIONS OF~PO~R~G~ SPOT ANNOUNCEMENTS CAN mE MADE MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN VOTAPKA, TO ACCEPT THE SECOND READING BY_.TIT~.E ONLY__OF AN__O_RDINA THE PLANN~E,D~UNIT ~EFELO~ME~VTII~IST~ ROL IIALL VOTE: AYES: VICE IZ? iNO INANCE os TsE CIT D 'SrRICT WfTW N CiTY TO NOWN YOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILMAN SCHUM MAYOR FLOOD NAYS: NONE MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY AN ORDINANCE AMENDING SECTION III AND CREATING SECTION VII A OF ORDINANCE 202, AS AMENDED, THE SAME BEING THE ZONING ORDINANCE OF THE CITY OF SEBASTIAN CREATING A NEW ZONING DISTRICT WITHIN THE CITY TO BE KNOWN AS THE PLANNED UNIT DEVELOPMENT DISTRICT; CODIFYING SAME WITHIN CHAPTER 20A OF THE CODE OF ORDINANCE; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, TO ADOPT THE THIRD AND FINAL READING BY TITLE ONLY OF AN ORDINANCE AMENDING SECTION III AND CREATING SECTION VII A OF ORDINANCE 202, AS AMENDED, THE SAME BEING THE ZONING ORDINANCE OF THE CITY OF SEBASTIAN BY CREATING A NEW ZONING DISTRICT WITHIN THE CITY TO BE KNOWN AS THE PLANNED UNIT DEVELOPMENT DISTRICT; CODIFYING SAME WITHIN CHAPTER 20A OF THE CODE OF ORDINANCES: PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE WITH THE SUGGESTED AMENDED CHANGES BY THE CITY PLANNER. ROLL CALL VOTE: A YES; VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILMAN SCHUM MAYOR FLOOD NAYS: NONE MOTION CARRIED. REGULAR COUNCIL MEETING FEBRUARY 7, 1983 ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY OF AN ORDINANCE CREATING SECTION XIII A, OF ORDINANCE 202, THE ZONING ORDINANCE OF THE CITY OF SEBASTAIN BY ESTABLISHING LANDSCAPE REGULATIONS FOR ALL ZONING DISTRICTS EXCEPT SINGLE FAMILY DISTRICTS; CODIFYING THE SAME WITHIN CHAPTER 20 A OF THE CODE OF ORDINANCES: PROVIDING A SEVERABILITY CLAUSE AND EFFECTIVE DATE. MR. LES SOLIN, CITY PLANNER, RECOMMENDED THE FOLLOWING CHANGES BE MADE: ON PAGE 13-3, SECTION 20-A, 13.6 PARAGRAPH "E", ADD THE FOLLOWING: "A DECISION ON ANY RELATED ISSUE IN DISPUTE SHALL BE RESOLVED BY THE CITY COUNCIL AFTER CONSIDERING THE TECHNICAL ADVICE OF THE URBAN FORES TER" . UNDER THE ADJUSTMENTS AND ALIGNMENTS, SECTION "A" AND "C", OF LANDSCAPE STRIPS IT SHOULD READ THAT THE MINIMUM HEIGHT OF TREES PLANTED BE 7 FEET AND MINIMUM HEIGHT OF 24" FOR THE PLANTING OF SCRUBBERY AND 30" FOR VINES. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN VOTAPKA, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE CREATING SECTION XIII A, OF ORDINANCE 202, THE ZONING ORDINANCE OF THE CITY OF SEBASTIAN BY ESTABLISHING LANDSCAPE REGULATIONS FOR ALL ZONING DISTRICTS EXCEPT SINGLE FAMILY DISTRICTS; CODIFYING THE SAME WITHIN CHAPTER 20A OF THE CODE OF ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. ROLL CALL VOTE: V h EpBECK COUNCILMAN \VD~APKA MOTION CARRIED. ATTORNEY KILBRIDE READ FOR TH~R~D FINAL TIME BY TITLE ONLY AN ORDINANCE CREATING SECTION XIII A OF ORDi~AWCEI202, THE ZONING ORDINANCE OF THE CITY OF SEBASTIAN BY ESTABLISHING LA~D~CAPE ~GULATIONS FOR ALL ZONING DISTRICTS EXCEPT SINGLE FAMILY DISTRICTS; CODI, YI.~G ~TE SAME WITHIN CHAPTER 20A OF THE CODE OF ORDINANCES; PROVIDING A SEV~A~IT~ CLAUSE AND AN EFFECTIVE DATE, ROLL CALL VOTE: AYES: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILMAN SCHUM MAYOR FLOOD NAYS: NONE MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE AMENDING SECTION 23-29 OF THE CODE OF ORDINANCES REGARDING PERMITS FOR DRIVEWAYS; RE- NUMBERING ARTICLE III OF CHAPTER 23 RELATING TO VACATING OF EASEMENTS TO BE ARITCLE IV WITHOUT A CHANGE IN CONTENTS: CREATING A NEW ARTICLE III RELATING TO STREET OPENINGS; EXCAVATIONS AND PAVEMENT CUTS, INCLUDING SIDEWALKS AND CURBS WITHIN STREET RIGHT OF WAYS IN THE CITY; REQUIRING PERMITS; ESTABLISHING STANDARDS AND REGULATIONS; ADOPTING INSPECTION FEE SCHEDULE; SETTING PENALTY FOR VIOLATIONS PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE AMENDING SECTION 23-29 OF THE CODE OF ORDINANCES REGARDING PERMITS FOR DRIVEWAYS; RENUMBERING ARTICLE III OF CHAPTER 23 RELATING TO VACATING OF EASEMENTS TO BE ARTICLE IV WITHOUT A CHANGE IN CON- TENTS; CREATING A NEW ARTICLE III RELATING TO STREET OPENINGS; EXCAVATIONS AND PAVEMENT CUTS, INCLUDING SIDEWALKS AND CURBS WITH STREET RIGHT OF WAYS IN THE CITY; REQUIRING PERMITS; ESTABLISHING STANDARDS AND REGULATIONS; ADOPT- ING INSPECTION FEE SCHEDULE, SETTING PENALTY FOR VIOLATIONS; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE. COUNCILMAN VOTAPKA, RECOMMENDED THAT THE PERMANENT PATCHES REQUIRE SAW CUTTING THE ORIGINAL PAVING IN A STRAIGHT LINE, A MINIMUM OF 9" BEYOND THE ORIGINAL EDGE OF OPENING. REGULAR COUNCIL MEETING FEBRUARY 7, 1983 MOTION AMENDED BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, THAT COUNCILMAN VOTAPKA'S SUGGESTION OF THE MINIMUM OF 9 INCH LINE CUT BEYOND THE ORIGINAL OPENING BE INCLUDED. ROLL CALL VOTE: AYES VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILMAN SCHUM MAYOR FLOOD NAYS: NONE MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY OF AN ORDINANCE AMENDING SECTION 23-29 OF THE CODE OF ORDINANCES REGARDING PERMITS FOR DRIVEWAYS; RENUMBERING ARTICLE III OF CHAPTER 23 RELATING TO VACATING OF EASEMENTS TO BE ARTICLE IV WITHOUT A CHANGE IN CONTENTS: CREATING A NEW ARTICLE III RELATING TO STREET OPENINGS; EXCAVATIONS AND PAVEMENT CUTS, INCLUDING SIDEWALKS AND CURBS WITHIN STREET RIGHT OF WAYS IN THE CITY; REQUIRING PERMITS; ESTABLISHING STANDARDS AND REGULATIONS: ADOPTING INSPECTION FEE SCHEDULE; SETTING PENALTY FOR VIOLATIONS: A SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, TO ADOPT THE THIRD AND FINAL READING BY TITLE ONLY OF AN ORDINANCE AMENDING SECTION 23-29 OF THE CODE OF ORDINANCES REGARDING PERMITS FOR DRIVEWAYS; RENUMBERING ARTICLE III OF CHAPTER 23 RELATIN~O,, _V_A~ ~l~ rE~SEMENTS TO BE ARTICLE IV WITHOUT A CHANGE IN CONTENTS; ~R~IA'G A~qLE III RELATING TO STREET OPENINGS; EXCAVATIONS AND PAVEMENY C~'~S, INCLUDIN ~DEWALKS AND CURBS WITHIN STREET RIGHT OF WAYS IN THE CITY; REQUIRING PEkMITS: ESTABLISHING STANDARDS AND REGULATIONS; ADOPTING INSPECTION FEE Sg~DULE SETTING ENALTY FOR VIOLATIONS; PROVImING A SEVERABILITY CLAUSE; E-~ISHINGAN EF CTIVE DATE AS AMENDED. A YES: NAYS: ROLL CALL VOTE: VICE MAYOR GASS COUNCIL~A V S~UM MAYO? /LODD~ MOTION CARRIED. PERMANEN~U~L_9~.~__J ......... AFTER A BRIEF DISCUSSION, IT WAS THE COUNCILS RECOMMENDATION THAT THE CHURCH BE GIVEN THE NAMES OF PERSONS IN CHARGE OF THE VETERANS OF FOREIGN WARS ORGANIZATION AND THE AMERICAN LEGION, IN ORDER TO SECURE A MEETING PLACE, SINCE THIS USE WOULD NOT BE IN ACCORDANCE WITH THE RULES AND REGULATIONS SET FOR MUNICIPAL BUILDINGS. AFTER A VERY LENGTHY DISCUSSION REGARDING THE REFERENDUM QUESTION TO BE PLACED ON THE MARCH 8, 1983 BALLOT, MAYOR FLOOD REMARKED THAT IT IS THE NORMAL PROCEDURE TO CREATE THE POSITION OF CITY MANAGER FIRST BY REFERENDUM VOTE AND THAT THE SPECIFIC QUALIFICATIONS OF THIS POSITION BE OUTLINED LATER IN THE APPROPRIATE ORDINANCE. COUNCILMAN VOTAPKA WAS OF THE OPINION THAT THE REFERENDUM QUESTION SHOULD BE MORE SPECIFIC WITH REGARDS TO THE QUALIFICATIONS OF THE CITY MANAGER POSITION. COUNCIL- MAN SCHUM FELT THAT THE SALARY OF THE CITY MANAGER BE SET AND INCLUDED ON THE BALLOT FOR REFERENDUM VOTE. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, TO AMEND THE ORDINANCE AMENDING SEC. 2.11 OF THE CHARTER OF THE CITY OF SEBASTIAN, BY STRIKING SUB PARAGRAPH "a" OF SECTION 2.11 AS PROPOSED AND SUBSTITUTE THE FOLLOWING LANGUAGE: THE CITY COUNCIL SHALL APPOINT THE CITY MANAGER FROM A SELECTION OF TWO OR MORE QUALIFIED APPLICANTS HAVING THE MINIMUM QUALIFI- CATIONS OF A BACHELORS DEGREE IN BUSINESS OR PUBLIC ADMINISTRATION AND 2 YEARS EXPERIENCE IN MUNICIPAL GOVERNMENT. WHEN A VACANCY OCCURS IN THE POSITION OF CITY MANAGER, THE POSITION SHALL BE ADVERTISED FOR A MINIMUM OF THREE TIMES IN A LOCAL NEWSPAPER HAVING A DAILY CIRCULATION IN INDIAN RIVER COUNTY AND AT LEAST TWICE IN THE FLORIDA LEAGUE OF CITIES PUBLICATIONS OVER A PERIOD NOT TO EXCEED 45 DAYS. THE BEST QUALIFIED APPLICANT SHALL BE CHOSEN BY THE COUNCIL SOLELY ON THE BASIS OF HIS EXECUTIVE AND ADMINISTRATIVE QUALIFICATIONS WITH SPECIAL REFERENCE TO HIS/HER ACTUAL EXPERIENCE AND KNOWLEDGE. REGULAR COUNCIL MEETING FEBRUARY 7, 1983 A 4/5'S VOTE OF THE COUNCIL WILL BE REQUIRED TO HIRE OR DISMISS THE CITY MANAGER. THE CITY MANAGER SHALL RECEIVE THE HIGHEST SALARY OF ANY SALARIED CITY OFFICER AND ALL OF THE BENEFITS AFFORDABLE TO CITY EMPLOYEES. THE CITY COUNCIL MAY APPROVE ADDITIONAL BENEFITS AS IT DEEMS APPROPRIATE. ROLL CALL VOTE: A YES: COUNCILMAN VOTAPKA COUNCILMAN SCHUM NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK MAYOR FLOOD MOTION NOT CARRIED. MOTION BY COUNCILMAN MOTAPKA, THAT THE FIRST SENTENCE IN SECTION "B", OF SECTION 2.11; POWERS AND DUTIES, SHALL READ THAT THE CITY MANAGER SHALL BE THE CHIEF EXECUTIVE OFFICER AND SHALL DIRECT AND SUPERVISE. MOTION DIED, LACK OF A SECOND. MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN VOTAPKA, TO AMEND THE ORDINANCE ORIGINALLY ADOPTED ON FIRST READING, BY CHANGING SUB PARAGRAPH "A", OF THE PROPOSED SECTION 2.11, CITY MANAGER; POWERS AND DUTIES; TO READ AS FOLLOWS: THE COUNCIL SHALL APPOINT A QUALIFIED PERSON WHO SHALL BE THE CHIEF ADMINISTRATOR OF THE CITY AND SHALL HAVE THE TITLE OF CITY MANAGER AND WHO SHALL SERVE AT THE PLEASURE OF THE CITY COUNCIL. ROLL CALL VOTE: AY~ COUN~iL~AN~~RRRBECK COUNCILMAN \VO[APKA NAYS: NONE MOTION CARRIED. MOTION BY COUNCILMAN VOTAPKA,~D~ SECTION "B", UNDER POWERS AND DUTIES, SECOND SENTENCE, THAT TBE CI~ MANAGER SHALL FUNCTION AS A PERSONNEL % DIRECTOR SO LONG AS THE NUMmER OF,CIT~__ EMPLOYEES UNDER HIS SUPERVISION DOES THE CITY MANAGER EXCEEDS PERSONneL ~cro~ wits ~rI~I~r~ON S~ rSE CIT~ COUNCIl. WS~N ~ECESSA~ THE CITY MANAGER SHALL APPOINT MOTION B N A1 A FOLLOW~W '.~E]T~_~ ~O~TT~lC~ AND DU~'I~¥~--~'~ ~-=C_~A~GE~ wc~ ~ c~oosz ~ s~cczsso~. SUSPEND OR DEMOTE. ,Y CO NCIp N\SCH M, TO ADD *HE ROLL CALL VOTE: A YES: COUNCILMAN VOTAPKA COUNCILMAN SCHUM NAYS: VICE MAYOR GASS COUNCILMAN OBERBECK MAYOR FLOOD MOTION NOT CARRIED. MOTION BY COUNCILMAN VOTAPKA, TO ADD AN ARITCLA "C" UNDER SECTION l, ARTICLE "B" WHICH WILL READ AS FOLLOWS: NEITHER THE CITY COUNCIL NOR ANY OF ITS MEMBERS SHALL DIRECT OR REQUEST THE APPOINTMENT OF ANY PERSON TO, OR HIS REMOVAL FROM, OFFICE BY THE CITY MANAGER OR BY ANY OF HIS SUBORDINATES, OR IN ANY MANNER TAKE PART IN THE APPOINTMENT OR REMOVAL OF OFFICERS AND EMPLOYEES IN THE ADMINISTRATIVE SERVICE OF THE CITY. EXCEPT FOR PURPOSES OF INQUIRY, THE COUNCIL AND ITS MEMBERS SHALL DEAL WITH THE ADMINISTRATIVE SERVICE SOLEY THROUGH THE CITY MANAGER AND NEITHER THE COUNCIL NOR ANY MEMBER THEREOF SHALL GIVE ORDERS TO ANY SUB- ORDINATE OF THE CITY MANAGER, EITHER PUBLICLY OR PRIVATELY. THE HIRING OR DISMISSAL OF ANY DEPARTMENT HEAD UNDER THE CITY MANAGER SHALL BE SUB- MITTED TO THE CITY COUNCIL FOR APPROVAL OR DISAPPROVAL BEFORE COMING EFFECTIVE. MOTION DIED, LACK OF A SECOND. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, THAT SECTION 2.06 OF THE CHARTER, CITY OF SEBASTIAN, FLORIDA IS HEREBY AMENDED AS FOLLOWS: SECTION 2. 06 IS CURRENTLY CONSTITUTED SHALL BE PRECEDED WITH THE FOLLOWING THREE (3) SENTENCES: 1) THE OFFICE OF THE MAYOR SHALL BE A PART TIME POSITION ONLY. 2) THE COMPENSATION OF THE MAYOR SHALL BE $4,800.00 PER YEAR PAYABLE IN 12 MONTHLY PAYMENTS OF $400.00 PER MONTH. 3) THE MAYOR SHALL NOT BE ELIGIBLE FOR EMPLOYEE BENEFITS. (B) SECTION 2.06 AS CURRENTLY CONSTITUTED SHALL BE SUCCEEDED WITH THE FOLLOWING SENTENCE: (1) NO ADDITIONAL COMPENSATION SHALL BE RECEIVED BY THE VICE MAYOR WHEN THE VICE MAYOR MUST ACT AS MAYOR, DUE TO THE ABSENCE OR DISABILITY OF THE MAYOR. REGULAR COUNCIL MEETING FEBRUARY 7, 1983 ATTORNEY KILBRIDE RECOMMENDED THAT THE SECTION 2.05 REMAIN AS IT IS AND THAT THE FIRST LEAD IN SENTENCE IN SUB PARAGRAPH "A" READ AS FOLLOWS: THE MAYOR, VICE MAYOR AND COUNCIL MEMBERS SHALL BE COMPENSATED MONTHLY AS FOLLOWS: MAYOR $400.00, VICE MAYOR $250.00, COUNCILMEMBERS $150.00. MOTION WITHDRAWN BY COUNCILMAN VOTAPKA, SECOND WITHDREW BY COUNCILMAN SCHUM. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, THAT SECTION 2.05 OF THE CHARTER OF THE CITY OF SEBASTIAN, FLORIDA, TO READ AS FOLLOWS: SECTION 2.05 COMPENSATION EXPENSES: A. COMPENSATION: MAYOR, VICE MAYOR AND COUNCIL MEMBERS SHALL BE COMPENSATED AS FOLLOWS: 1. MAYOR $400.00, 2. VICE MAYOR $250.00, 3. COUNCIL MEMBERS ¢150.00. SUB PARAGRAPH, "B" NO CHANGE. ROLL CALL VOTE: A YES: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILMAN SCHUM MAYOR FLOOD NAYS: NONE MOTION CARRIED. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, THAT THE LANGUAGE BE INCLUDED THAT THE OFFICE OF THE MAYOR SHALL BE A PART TIME POSITION ONLY IN SECTION 2.06 IN THE CHARTER, OF THE CITY OF SEBASTIAN. ATTORNEY KILBRIDE REMARK~HA-f' ~----~~WOULD NOT BE NECESSARY. ROLL CALL VOTE: AYEg: VICE MAYOR ~A~S NAYS: COUNCILMAN OBERBECK ~R ~D MOTION CARRIED. MOTION BY COUNCILMAN VOTAPKA, S~COND~ BY COUNCILMAN OBERBECK, THAT IN SECTION 2.05 IN THE CHARTER, CiTY OF~,~JEBASTIAN, DEALING WITH COMPENSATION EXPENSES, THAT NO ADDITIONAL C~P.9NS4TION SHALL BE RECEIVED mY THE VICE MAYOR WHEN THE VICE MAYOR MU~T A~ MAYOR DUE TO THE ABSENCE OR DIS- ABILITY OF THE MAYOR. ~----~AY~. ¥~2CE~'n~YOR '~'ASS ~-- ~'~ ~T~N'--CARRIED. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN OBERBECK, TO AMEND SECTION 2.11 OF THE PROPOSED ORDINANCE OF THE CITY MANAGER TYPE OF GOVERNMENT, AS OUTLINED BY CITY ATTORNEY KILBRIDE. ROLL CALL VOTE: A YES: VICE MAYOR GASS COUNCILMAN VOTAPKA COUNCILMAN OBERBECK COUNCILMAN SCHUM MAYOR FLOOD NAYS: NONE MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN, AMENDING SEC. 2.11 OF THE CHARTER OF THE CITY OF SEBASTIAN, ESTABLISHING A CITY MANAGER AS THE CHIEF ADMINISTRATIVE OFFICER OF THE CITY; SETTING FORTH POWERS AND DUTIES; PROVIDING FOR A REFERENDUM VOTE ON SAID AMENDMENT; STATING A SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE OF THE CITY OF SEBASTIAN, AMENDING SEC. 2.11 OF THE CHARTER OF THE CITY OF SEBASTIAN; ESTABLISHING A CITY MANAGER AS THE CHIEF ADMINISTRATIVE OFFICER OF THE CITY; SETTING FORTH POWERS AND DUTIES; PROVIDING FOR A REFERENDUM VOTE ON SAID AMENDMENT; STATING A SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE AS AMENDED. ROLL CALL VOTE: AYES: VICE MAYOR GASS COUNCILMAN OBERBECK MAYOR FLOOD NAYS: COUNCILMAN VOTAPKA COUNCILMAN SCHUM MOTION CARRIED. REGULAR COUNCIL MEETING FEBRUARY 7, 1983 COUNCILMAN VOTAPKA STATED THAT HE DID NOT VOTE IN FAVOR OF THIS MOTION, SINCE HE IS OF THE OPINION THAT THE ORDINANCE IS TO VAGUE AS TO THE QUALIFICATIONS OF THE CITY MANAGER. COUNCILMAN SCHUM, STATED THAT HE DID NOT VOTE IN FAVOR OF THIS MOTION, SINCE THE ORDINANCE DOES NOT INCLUDE A COST FACTOR. ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN AMENDING SEC. 2~11 OF THE CHARTER OF THE CITY OF SEBASTIAN ESTABLISHING A CITY MANAGER AS THE CHIEF ADMINISTRATIVE OFFICER OF THE CITY; SETTING FORTH POWERS AND DUTIES; PROVIDING FOR A REFERENDUM VOTE ON SAID AMENDMENT STATING A SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE . MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, TO ADOPT THE THIRD AND FINAL READING OF AN ORDINANCE OF THE CITY OF SEBASTIAN AMENDING SEC. 2.]1 OF THE CHARTER OF THE CITY OF SEBASTIAN, ESTABLISHING A CITY MANAGER AS THE CHIEF ADMINISTRATIVE OFFICER OF THE CITY; SETTING FORTH POWERS AND DUTIES; PROVIDING FOR A REFERENDUM VOTE ON SAID AMENDMENT; STATING A SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE. ROLL CALL VOTE: AYES VICE MAYOR GASS COUNCILMAN OBERBECK MAYOR FLOOD NAYS: COUNCILMAN VOTAPKA ~ O~-O--]~~M MOTION CARRIED. COUNCILMEN SCHUM AND VOCAPKA VO~ED NAY ~R~ THE SAME REASONS ABOVE. MUNZC~PAZ ELECTZON FOR THE Pr'R~OXr 05 ELECTING TSREE CS) COUNCIL MSS*ERS FOR TERMS OF TWO (2) YEARS; AND ~D~'~ }QUESTION FOR REFERENDUM. ROLL CALL VOTE: AYES: VICE MAYOR GASS ATTORNEY KILBRIDE REMARKED THAT THERE WAS A CHANGE IN THE LANGUAGE REGARDING THE QUESTION OF THE BALLOT AND THAT IT SHOULD READ AS FOLLOWS: SHOULD ORDINANCE NUMBER 83-1 BE ADOPTED WHICH AMENDS THE CHARTER OF THE CITY OF SEBASTIAN BY CREATING THE POSITION OF CITY MANAGER AND CONFERING THE POWERS TO BE CHIEF ADMINISTRATIVE OFFICER OF THE CITY, REDUCING THE MAYOR'S DUTIES AND COMPENSATION ACCORDINGLY. MOTION BY COUNCILMAN OBERBECK, SECONDED BY VICE MAYOR GASS, TO ADOPT THE OFFICIAL BALLOT FOR THE GENERAL ELECTION, CITY OF SEBASTIAN, MARCH 8, 1983 SUBJECT TO THE CHANGE. CITY COUNCIL MEMBERS (2) YEAR TERM, VOTE FOR THREE: ROBERT J. FITZMAURICE, JAMES GALLAGHER, EVERETT T. GASS, DOROTHY W. MCKINLEY, GEORGE V. SCHUM, RICHARD G. SZELUGA. REFERENDUM QUESTION: SHOULD ORDINANCE NO. 0-83-1 BE ADOPTED WHICH AMENDS THE CHARTER OF THE CITY OF SEBASTIAN BY CREATING THE POSITION OF CITY MANAGER AND CONFERING THE POWERS TO BE CHIEF ADMINISTRATIVE OFFICER OF THE CITY, REDUCING THE MAYORS DUTIES AND COMPENSATION ACCORDINGLY. IF YOU FAVOR CHANGING THE FORM OF GOVERNMENT FROM A STRONG MAYOR FORM TO A CITY MANAGER/COUNCIL FORM OF GOVERNMENT VOTE...FOR CITY MANAGER. IF YOU ARE AGAINST CHANGING THE FORM OF GOVERNMENT FROM A STRONG MAYOR FORM TO A CITY MANAGER/COUNCIL FORM OF GOVERNMENT VOTE...AGAINST CITY MANAGER. ROLL CALL VOTE: AYES: VICE MAYOR GASS COUNCILMAN OBERBECK MAYOR FLOOD NAYS: COUNCILMAN VOTAPKA COUNCILMAN SCHUM MOTION CARRIED. COUNCILMAN VOTAPKA AND COUNCILMAN SCHUM STATED THE SAME REASONS AS PREVIOUSLY STATED FOR NOT VOTING IN FAVOR OF THE MOTION. REGULAR COUNCIL MEETING FEBRUARY 7~ 1983 AS PER MAYOR FLOOD's REQUEST, THE CITY CLERK READ THE FOLLOWING LETTERS FOR THE RECORD: DEAR MR. ANDRE: PLEASE BE ADVISED THAT THE UNDERSIGNED REPRESENTS C. PAT FLOOD BOTH IN HIS CAPACITY AS MAYOR AND INDIVUALLY. THE PURPOSE OF THIS LETTER CONCERNS YOUR STATEMENT AT THE ABOVE REFERENCED CITY COUNCIL MEETING, IN PARTICULAR, YOU HAVE ACCUSED PAT FLOOD OF ENGAGING IN "CROOKED THINGS" AS YOU MAY OR MAY NOT BE AWARE, MR. ANDRE, ACCUSING THE MAYOR OF'ENGAGING IN CROOKED ACTS CONSTITUTES SLANDER AND DEFAMATION OF CHARACTER IF IN FACT, YOU ARE UNABLE TO SUBSTANTIATE AND DOCUMENT THOSE PRACTICES WHICH YOU REGARD AS CROOKED. IF YOU ARE UNABLE TO SUBSTANTIATE YOUR ALLEGATIONS, THEN I MUST ASSUME THAT YOUR STATEMENT WAS SAID WITH A MALICIOUS INTENT TO SMEAR PAT FLOOD'S GOOD NAME, BOTH AS AN INDIVIDUAL AND AS MAYOR. YOU MAY BE ASSURED, THAT LITIGATION IS BEING CONTEMPLATED IN THIS MATTER. PERHAPS AN APOLOGY FROM YOU, IN WRITING TO THE MAYOR, MAY HAVE AN AMELIORATING EFFECT. IF I DO NOT HEAR FROM YOU REGARDING THIS MATTER WITHIN 10 DAYS FROM THE DATE OF THIS LETTER, LITIGATION FOR SLANDER AND DEFAMATION OF CHARACTER WILL, NO DOUBT, BE COMMENCED. PLEASE GOVERN YOURSELF ACCORDINGLY. GREGORY J. GORE, ATTORNEY AT LAW CC: MAYOR PAT FLOOD THE LETTER OF RESPONSE FROM MR. ANDRE TO GREGORY GORE WAS WRITTEN AND READ AS FOLLOWS: DEAR MR. GORE: IN RECEIPT OF YOUR LETTER DATED NOVEMBER 23, 1982. I FEEL I SHOULD ANSWER YOU AND HONORABLE C. PAT FLOOD IN REGARD TO MAY STATE- MENTS AS YOU SUGGESTED IN YOUR~LE~ TO ME.~ ~7' I WOULD LIKE TO MAKE A ~IV~_~R~ EFFORT T~ ~ARIFY MY REMARK AND POOR CHOICE OF WORDS, THERE WAS NO INTBNF ON MY PART TO\SflEAR' ' PAT FLOOD'S (MAYOR) GOOD NAME, BOTH AS AN INDIVIDUAL AND~ ~AYOR. THERefORE I DO APOLOGIZE TO THE MAYOR AND REQUESTED TO CLARIFY ANDES EN RMI ION TO DO SO BY MA OR FLOOD. IT is MY SINCERE HOPE THAT THIS LETTER CAN IN SOME WAY HELP US ALL REALIZE THAT WE CAN WORK TOGETHER TO MAKE A BETTE/~'~BA~N. SINCERELY, JASPER O. ANDRE ~ CC: MAYOR PAT FLOOD ~ A BRIEF REVIEW WAS MADE OF A ~AN~ REQUESTED BY MR. JOHN CLARK, 620 DEMPSEY AVENUE, SEBASTIAN, FLORIDA, IN ORDER FOR A GARAGE TO BE BUILT BETWEEN TWO TREES MR. CLA ',,S ZF UIZ'a,Z G AS SHO N DRAINAGE AND UTILITY ~)Eg~ FE~~I ~ Oh'TO LOT #Il& X~ MOTION B Y-~--OUNC-1-L'-~AN--~-OTAP-KA --~ECO'N'bED 5'~ CO07~CI~MA[~--SC~U~,, THAT MR. CLARK SHIFT THE PROPOSED BUILDING AS SHOWN, BUT TO SHIFT THE DRAINAGE AND UTILITY EASEMENT FIVE FEET FURTHER NORTH ON LOT #11. MOTION CARRIED. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, TO EXTEND THIS MEETING AN ADDITIONAL 30 MINUTES. VICE MAYOR GASS VOTED NAY: MOTION NOT CARRIED, NOT A UNANIMOUS VOTE. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, TO EXTEND THE MEETING AN ADDITIONAL 15 MINUTES. MOTION CARRIED. COUNCILMAN VOTAPKA READ IN ITS ENTIRETY A RESOLUTION URGING INDIAN RIVER COUNTY TO CONDEMN AND DEMOLISH THE FORMER "HIGHLANDS" MOTEL ON U.S. #1, SOUTH OF THE CITY OF SEBASTIAN CITY LIMITS. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, TO ADOPT A RESOLUTION URGING INDIAN RIVER COUNTY TO CONDEMN AND DEMOLISH THE FORMER "HIGHLANDS" MOTEL ON U.S. HIGHWAY #1, SOUTH OF THE CITY OF SEBASTIAN CITY LIMITS. ROLL CALL VOTE: A YES: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILMAN SCHUM MAYOR FLOOD NAYS: NONE MOTION CARRIED. REGULAR COUNCIL MEETING FEBRUARY 7, 1983 BILLY ADAMS, FIRE CHIEF, SEBASTIAN VOLUNTEER FIRE DEPARTMENT, REQUESTED THAT THE CITY LEND $15,000.00 TO THE SEBASTIAN VOLUNTEER FIRE DEPARTMENT TO CONSTRUCT THE BARBER STREET FIRE STATION AND THEN ASKED THE COUNTY TO RAISE THE MILAGE TO .5 FOR THE FIRE TAXING DISTRICT ON NEXT YEARS TAX ROLL TO REPAY THE CITY. HE ADDED THAT THE COUNTY REQUIRES THAT THE PROPERTY BE DEEDED TO THEM. HE ALSO MENTIONED THAT HE HAS NOT YET OBTAINED A BLUE PRINT OF THE BUILDING AS THE COUNCIL REQUESTED SINCE THE COST IS $75.00 AND FELT THIS EXPENDITURE WAS NOT NECESSARY AT THIS TIME. MOTION BY COUNCILMAN SCHUM, SECONDED BY COUNCILMAN VOTAPKA, TO LEND $15,000.00 TO THE SEBASTIAN VOLUNTEER FIRE DEPARTMENT AND TO AUTHORIZE THE CITY ATTORNEY (DAN KILBRIDE) TO GET TOGETHER WITH THE COUNTY COMMISSION ATTORNEY TO WORK OUT THE DETAILS OF INCREASING THE MILAGE OF THE NORTH COUNTY FIRE DISTRICT IN NEXT YEARS BUDGET. ROLL CALL VOTE AYES: VICE MAYOR GASS COUNCILMAN OBERBECK COUNCILMAN VOTAPKA COUNCILMAN SCHUM MAYOR FLOOD NAYS: NONE MOTION CARRIED. MAYOR FLOOD EXPLAINED THAT A NEW TELEPHONE SYSTEM IS NEEDED FOR THE NEW CITY HALL COMPLEX AND THAT THE APPROXIMATE COST WILL BE $420.00 PER MONTH AND APPROXIMATELY $890.00 FOrE n~VS~T~7 . MOTION BY VICE MAYOR GA~S,-CgECONDED ~Y C~U~CILMAN VOTAPKA, THAT WE PROCEED WITH THE INSTALLATION OF THE N£~TELEPHONE SYSTem AT THE OLD SEBASTIAN ELEMENTARY ROLL CALL VOTE: AYES: VICE MAYOR GASS COUNCILMAN OBERBECK ~I~ VOTAPKA COUNCIL~N SCHUM MAYOk NAYS: ~ ~ MOTION CARRIED. MEETING JACk, RUED:~ _~5  N ~UND SYSTEM Ti~CARRIED. FOR THE CITY CLERK MAYOR MINUTES APPROVED BY CITY COUNCIL ON MARCH 9, 1983. BID OPENING ~EBRUARY 7, 1983 biD OPENING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M. PRESENT: VICE MAYOR EVERETT T. GASS, COUNCILMAN FRANK OBERBECK, COUNCILMAN RICHARD. VOTAPKA, COUNCILMAN GEORGE SCHUM, CITY ATTORNEY DANIEL KILBRIDE AND MAYOR PAT FLOOD. THE CITY CLERK READ THE NOTICE BID AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL JANUARY 27 AND 30, 1983 FOR THE WALL TO WALL CARPETING IN THE SEBASTIAN SCHOOL HOUSE BUILDING WHICH IS BEING CONVERTED FOR USE AS THE CITY HALL. ATTORNEY KILBRIDE OPENED THE TWO BIDS RECEIVED AND READ THEM AS FOLLOWS: M & J CARPET WORKSHOP VERO BEACH, FLORIDA TOTAL BID PRICE: $7,740.00 UNIT PRICE: $ 12.90 - PER YARD LEONARD E. GALBRAITH 381 PINE STREET SEBASTIAN, FLORIDA 32958 TOTAL BID PRICE: $6,450.00 UNIT PRICE: $ 10.75 - PER YARD MOTION BY COUNCILMAN OBERBECK, SECONDED BY COUNCILMAN SCHUM, TO SEND THE CARPET BIDS TO THE AWARDS COMMITTEE. MOTION CARRIED. TUESDAY, FEBRUARY 8, 19~ 3, ~-~T 1:00 IN C~T~/PALL. ADJOURNED: 7:14 P.M. ~ CITY CLERK MINUTES APPROVED BY CITY COUNCIL ON MARCH 9, 1983.