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HomeMy WebLinkAbout02151984 of Sebastian ~t Flood, Jr. POST OFFICE BOX 127 [] SEBASTIAN, FLORIDA ~958 Deborah C. Krages Mayor TELEPHONE (305) 589-5330 City Clerk PUBLIC HEARINGS FEBRUARY 15, 1984 - 7:00 P.M. PUBLIC HEARING - 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 SUBDIVISON, CON- SISTING OF 34 ACRES, MORE OR LESS. [Fischer] PUBLIC HEARING - AN ORDINANCE AMENDING SECTION 23-1, CODE OF ORDINANCES, CITY OF SEBASTIAN, FLORIDA, BY EXTENDING THE NAME OF LANSDOWNE DRIVE TO STRAIT AVENUE;PROVIDING A NON-REPEALER CALUSE, EFFECTIVE DATE AND SEVERABILITY CLAUSE. REGULAR CITY COUNCIL MEETING AGENDA CALL TO ORDER ROLL CALL ANNOUNCEMENTS/PROCLAMATIONS OLD BUSINESS: ORDINANCE - ANNEXATION/FISCHER OROINANCE - AMENDING SEC. 23-1/EXTENDING LANSDOWNE DRIVE MAYOR'S MATTERS: ATTORNEY'S MATTERS: NEW BUSINESS: ORDINANCE - REGULATING WATERCRAFT WITHIN THE CITY LIMITS ORDINANCE - ANNEXATION/INDIAN RIVER COUNTY SCHOOL BOARD APPROVE MAINTENANCE AGREEMENT FOR SCHUMANN DRIVE RAILROAD CROSSING REQUEST FOR PERMISSION TO USE TEMPORARY BUILDING/C.R. 512 & EASY STREET/BROGNANO APPOINT MEMBER TO CEMETERY COMMITTEE APPROVE TRAVEL EXPENSES REQUEST USE OF RECREATIONAL FACILITIES ADJOURN NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND 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. MINUTES OF PUBLIC HEARING CITY OF SEBASTIAN FEBRUARY 15, 1984 PUBLIC HEARING CALLED TO ORDER BY MAYOR PAT FLOOD, JR. AT 7:00 P.M. PRESENT: VICE MAYOR ROBERT FITZMAURICE COUNCILMAN RICHARD SZELUGA COUNCILWOMAN DOROTHY MCKINLEY COUNCILMAN JAMES GALLAGHER CITY ATTORNEY DANIEL KILBRIDE MAYOR PAT FLOOD, JR. THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, JANUARY 15, 22, 29 AND FEBRUARY 5, 1984 TO CONSIDER THE ADOPTION 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 WEST OF SAN SEBASTIAN SPRINGS SUBDIVISION, CONSISTING OF 34 ACRES MORE OR LESS. ATTORNEY KILBRIDE READ IN ITS ENTIRETY 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. ALICE ALLARD, CITY RESIDENT, STATED THAT THE CITY IS LARGE ENOUGH NOW AND THIS PROPERTY NOT BE ANNEXED. MAYOR FLOOD COMMENTED THAT A.~EXAT_-ON N EXTENSION FROM SAN SEBASTIAN SPRINGS. THERE BEING NO FURTHER DISC~£~I~N, PUBLIC H~A~ING CLOSED AT 7:10 P.M. CITY CLERK MINUTES APPROVED AT REGULAR COUNCIL MEETING ON APRIL ll, 1984. MINUTES OF REGULAR COUNCIL MEETING CITY OF SEBASTIAN FEBRUARY 15, 1984 REGULAR COUNCIL MEETING, CITY OF SEBASTIAN, CITY COUNCIL, CALLED TO ORDER BY MAYOR PAT FLOOD, JR. AT 7:15 P.M. PRESENT: VICE MAYOR ROBERT FITZMAURICE COUNCILMAN RICHARD SZELUGA COUNCILWOMAN DOROTHY MCKINLEY COUNCILMAN JAMES GALLAGHER CITY ATTORNEY DANIEL KILBRIDE MAYOR PAT FLOOD, JR. MINUTES REGULAR COUNCIL FEBRUARY 15, 1984 RAMONA WHITMAN, TRUSTEE BOARD MEMBER, SEBASTIAN AREA COUNTY LIBRARY, EXPRESSED THE BOARDS APPRECIATION AND THANKS FOR ALL THE HELP THE CITY OF SEBASTIAN HAS CONTRIBUTED IN MAKING THE LIBRARY SUCH A GREAT SUCCESS. MRS. LYNN WALSH, LIBRARIAN, READ A LETTER ADDRESSED TO THE MAYOR AND FROM THE BOARD OF TRUSTEES REPORTING ALL THE ACCOMPLISHMENTS THE LIBRARY HAS ENCOUNTERED DURING THE PAST YEAR AND EXPRESSED THANKS AND APPRECIATION TO THE CITY OF SEBASTIAN. COUNCIL TO DISCUSS THE MATTEB C~NCERNING T~VP~OMOTION OF LISA SMITH. BETSY ADAMS, PRESIDENT, SEBAS~N ~IGfiLANDS IH~MEOWNERS ASSOCIATION, ANNOUNCED THAT IT HAS BEEN TRADITION ~-R ~HE HOREOWNE~SI ASSOCIATION TO ~OLD THEIR CANDIDATE NIGHT ON THE FIRST MONDAY PR'AG~ T~-ELH~rION ~%4VD~ ' ~ ~ REGRETS THAT THE CITY COUNCIL FOUND IT NECESSARY TO USE THAT SAME EVENING FOR A PUBLIC HEARING BUT WELCOMED ALL THOSE CANDIDATES SITTING ON UNCIL WHO ARE RUNNING FOR OFFICE TO ATTEND IT IT IS EARLY ENOUGH. OLD BUSINESS: ATTORNEY KILBRIDE READ FOR THE A PORT ON OF SW OF THE NW S C. C.R. ~12 AND~ST :Or~ ~~B~I~ S~NGS ~BD~~,,~~TING OF 24 ACRES ROLL CALL VOTE: A YES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY OF AN ORDINANCE ANNEXING A PORTION OF THE SW 1/4 OF THE NW 1/4 OF SECTION 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. (FISCHER) MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN SZELUGA, TO ADOPT THE THIRD AND FINAL 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 WEST OF SAN SEBASTIAN SPRINGS SUBDIVISION, CONSISTING OF 34 ACRES MORE OR LESS. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GAL£AGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. MINUTES: REGULAR COUNCIL FEBRUARY 15, 1984 ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE AMENDING SECTION 23-1, CODE OF ORDINANCES, CITY OF SEBASTIAN, FLORIDA BY EXTENDING THE NAME OF LANDSDOWNE DRIVE TO STRAIT AVENUE: PROVIDING A NON-REPEALER CLAUSE, EFFECTIVE DATE AND SEVERABILITY CLAUSE. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN SZELUGA, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE AMENDING SECTION 23-1, CODE OF ORDINANCES, CITY OF SEBASTIAN, FLORIDA BY EXTENDING THE NAME OF LANDSDOWNE DRIVE TO STRAIT AVENUE: PROVIDING A NON-REPEALER CLAUSE, EFFECTIVE DATE AND SEVERABILITY CLAUSE. ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY OF AN ORDINANCE AMENDING SECTION 23-1 CODE OF ORDINANCES, CITY OF SEBASTIAN, FLORIDA BY EXTENDING THE NAME OF LANDSDOWNE DRIVE TO STRAIT AVENUE: PROVIDING A NON-REPEALER CLAUSE, EFFECTIVE DATE AND SEVERABILITY CLAUSE. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILWOMAN MCKINLEY, TO ADOPT THE THIRD AND FINAL READING BY TITLE ONLY OF AN ORDINANCE AMENDING SECTION 23-1, CODE OF ORDINANCES, CITY OF SEBASTIAN, FLORIDA BY EXTENDING THE NAME OF LANDSDOWNE DRIVE TO STRAIT AVENUE, PROVIDING A NON-REPEALER CLAUSE, EFFECTIVE DATE AND SEVERABILITY CLAUSE. ROLL CALL VOTE AYES: VICE MAYOR FITZMAURICE MC I N LE C0 'C- MSNyG/ LLA GHER MAYCR MOTION CARRIED. MAYORS MATTERS: MAYOR FLOOD APPOINTED VICE MAYOR( T M U CE TO LO0 INTO REASONS WHY POLICE OFFICERS HAVE RESIGNED RECENTLY FBOM TWEh~EBASTIAN POLICE DEPARTMENT, SINCE SOME COMPLAINTS HAVE BEEN MADE. VICE MAYOR FITZMAURICE STATED TH~ ~ULD LIKE THE CHARGES OR THE INSTRUCTIONS IN ORDER TO CONDUCT THE REVIEW TO INDICATE THE SCOPE OF IT, THE TIME FRAME IN WHICH HE HAS TO CONDUCT IT, AND THE AUTHORITY HE HAS FOR IT AND A DIRECTIVE FROM THE MAYOR IN COUNCIL AND ~I~DPA~F~O~ ~UC~ IA ~E~E~. AFTER MUCH H OINTMENT Q MA FITZMAURICE AND THE POLICE I~ST~I~O~I~AN~LLA~R ~ ~ ~ ~ION THAT IT IS IMPROPER TO BY PASS THE POLICE COmmITTEE AND THAT AN IMPARTIAL BODY SHOULD INVESTIGATE THIS MATTER. ATTORNEY KILBRIDE READ IN ITS ENTIRETY SECTION 2.14 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN. HE STATED THAT IN ORDER FOR THE MAYOR TO FUNCTION, AND TO CARRY OUT HIS DUTIES HE HAS AUTHORITY TO ASK FOR ASSISTANCE FROM QUALIFIED PEOPLE TO HELP CARRY OUT HIS DUTIES. ATTORNEYS MATTERS: ATTORNEY KILBRIDE EXPLAINED THAT IN ORDER TO KEEP THE LAND DEVELOPMENT CODE IN CONFORMITY WITH THE COMPREHENSIVE LAND USE MAP,AN ORDINANCE HAS BEEN PREPARED CHANGING THE MAP AS RECOMMENDED BY THE PLANNING AND ZONING BOARD. HE EXPLAINED THAT IT IS IMPORTANT TO ADOPT THIS ORDINANCE AT THE SAME TIME OR PRIOR TO THE ADOPTION AND IMPLEMENTATION OF THE LAND DEVELOPMENT CODE. MOTION BY VICE MAYOR FITZMAURICE, TO BRING TO THE FLOOR FOR DISCUSSION AND ACTION THE ORDINANCE CREATING THE ZONING MAP. MOTION DIED, LACK OF A SECOND. COUNCILMAN GALLAGHER STATED THAT HE NEEDED ADDITIONAL TIME TO REVIEW THE COMPREHENSIVE LAND DEVELOPMENT CODE. MAYOR FLOOD STATED THAT THE COMPREHENSIVE LAND DEVELOPMENT CODE WOULD BE BROUGHT UP AT A SPECIAL MEETING HELD ON FEBRUARY 22, 1984 AFTER OTHER PUBLIC HEARINGS ARE HELD. IN RESPONSE TO COUNCILMAN GALLAGHER'S QUESTION CONCERNING THE WATER SITUATION AT RIVER'S EDGE SUBDIVISION, MAYOR FLOOD COMMENTED THAT THE RESIDENTS ARE PRE- PARING A CIVIL SUIT AGAINST MR. KEEPLER, DEVELOPER. EARL MASTELLER, CITY ENGINEER REPORTED THAT HE WILL BE MEETING WITH THE PROPERTY OWNERS ON FRIDAY TO ASSIST IN BRINGING THE RESIDENTS UP TO DATE WITH FIGURES AND INFORMATION THE CITY HAS ON FILE IN HOPES TO UP DATE THE WATER AND DRAINAGE SYSTEM. MINUTES: REGULAR COUNCIL FEBRUARY 15, 1984 NEW BUSINESS: MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILMAN SZELUGA, TO TABLE THE ORDINANCE REGULATING WATERCRAFT WITHIN THE CITY LIMITS UNTIL THE WORKSHOP MEETING IN MARCH, 1984. MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE ANNEXING A PORTION OF THE SW !?$ 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 VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN GALLAGHER, 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 WEST OF SAN SEBASTIAN SPRINGS, SUBDIVISION, CONSISTING OF 34 ACRES MORE OR LESS. ROLL CALL VOTE: A YES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE  _ ~__~ ~ MOTION CARRIED. \\11 MAYOR FLOOD STATED THAT THE RU-B~LIC HE~_R£NG ~LD BE HELD ON MARCH 14, 1984, PRIOR TO THE REGULARLY SCHEDULED COUNCIL MEP. T£NG. I ( A PROPOSED AGREEMENT TO TRAN~ER AUTHORITY TO MAINTAIN THE SCHUMANN DRIVE RAIL ATTORNEY KILBRIDE REPORTED THE D~PARTM N~ OF TRANSPORTATION HAS SUBMITTED ROAD CROSSING. EARL MASTELLER, CITY ENGINEER, INDICATED THAT IT WAS HIS RECOMMENDATION THAT THE FEDERAL ~ COA--~ RAILROAD CONDUCT A SURVEY AS TO THE CONDITION OF THE SCHUMANN DRIVE CFOS~IN~ TO SEE WHAT REPAIRS ARE NEEDED BEFORE THE CITY TAKES OVER THE MAINTENANCE PESP~SIBILITY. HE FELT IF THERE IS SIGNIFICANT REPAIR THAT IT BE DON~ BY ~_~ COUNTY OF SOME OTHER OUTSIDE AGENCY, SO WHEN THE CITY DOES TAKE IT OV~ W~LL BE IN GOOD CONDITION. MOTION C U _ L 'AN f_.AcoAp. THAT THE REQUEST TO USE THE BUILDING ON C.R. 512 AND EASY STREET BE USED FOR GENERAL BUSINESS PURPOSES. (BROGNANO) MOTION CARRIED COUNCILMAN GALLAGHER VOTED "NAY" MOTION BY COUNCILMAN SZELUGA, SECONDED BY COUNCILWOMAN MCKINLEY, THAT AGNES HANCOCK BE APPOINTED TO THE CEMETERY COMMITTEE. MOTION CARRIED MOTION BY COUNCILMAN GALLAGHER, SECONDED BY VICE MAYOR FITZMAURICE, TO PERMIT THE SEBASTIAN JR. WOMEN'S CLUB TO USE THE SEBASTIAN CITY COUNCIL CHAMBERS ON MARCH 29, 1984, AT 7:00 P.M. FOR A MEET THE CANDIDATE NIGHT. MOTION CARRIED MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO PERMIT THE HIGHLANDS CHURCH OF GOD THE USE OF THE SEBASTIAN RIVERVIEW PARK ON APRIL 21, 1984 FOR A CHURCH BAZZAR, RUMAGE SALE AND FISH FRY. MOTION CARRIED MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO APPROVE THE FREE USE OF THE SEBASTIAN COMMUNITY CENTER FOR THE HAUNTED HOUSE DISPLAY ON OCTOBER 26, 27 and 28, 1984. MOTION CARRIED MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO PERMIT ALCOHOLIC BEVERAGES TO BE SERVED AT THE SEBASTIAN COMMUNITY CENTER ON FEBRUARY 21, 26 AND MARCH 13, 1984, AS REQUESTED BY MRS. GRACE SISKA. MOTION CARRIED MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO PERMIT ALCOHOLIC BEVERAGES TO BE SERVED AT A WEDDING RECEIPTION TO BE HELD AT THE SEBASTIAN COMMUNITY CENTER ON JUNE 9, 1984. MOTION CARRIED TO CLARIFY AN ARTICLE IN THE NEWSPAPER, CONCERNING THE REINSTATEMENT OF ROBERT MILBECK, MAYOR FLOOD MENTIONED THAT THE MOTION WAS TO REHIRE MR. MILBECK AS A CITY EMPLOYEE AND WOULD HAVE PREFERENCE IF THERE WAS AN OPENING IN THE PUBLIC WORKS DEPARTMENT. MINUTES: REGULAR COUNCIL FEBRUARY 15, 1984 AFTER SOME DISCUSSION CONCERNING THE COMPREHENSIVE LAND USE PLAN, LES SOLIN EXPRESSED CONCERN SINCE MOTION WAS MADE TO TABLE THE PROPOSED ORDINANCE CHANGING THE ZONING MAP. COUNCILMAN GALLAGHER OBJECTED SINCE THE PROPOSED ORDINANCE HAS NOT BEEN REVIEWED PRIOR TO BEING ADVERTISED BY LES SOLIN, CITY PLANNER. IN RESPONSE TO AN INQUIRY MADE BY A RED CROSS REPRESENTATIVE, CONCERNING THE USE OF THE SEBASTIAN COMMUNITY CENTER AS AN EMERGENCY EVACUATION CENTER, COUNCILWOMAN MCKINLEY INDICATED THAT A DESIGNATED VACUATION CENTER MUST HAVE PUBLIC WATER AND SEWER FACILITIES AND AT PRESENT THE COMMUNITY CENTER DOES NOT COMPLY. SHE IN- DICATED THAT SHE WOULD CHECK INTO THIS FURTHER AND REPORT BACK. COUNCILMAN GALLAGHER REPORTED THAT THE INMATE WORK PROGRAM SPONSORED BY THE INDIAN RIVER COUNTY SHERIFFS DEPARTMENT WILL BE AVAILABLE TO START THE OUTSIDE RENOVATIONS OF CITY HALL BEGINNING MARCH 1984. A BRIEF DISCUSSION FOLLOWED CONCERNING THE SPECIAL HEARING REQUESTED BY CHIEF NAPPI CONCERNING THE PROMOTION OF CORPORAL LISA SMITH. ATTORNEY KILBRIDE STATED THAT HE HAD BEEN REQUESTED BY THE MAYOR FOR AN OPINION CONCERNING THIS PROMOTION. HE EXPLAINED THAT IN HIS OPINION UNDER THE STANDARD OPERATING PROCEDURES OF THE CITY, AS THEY ARE PRESENTLY WRITTEN, LISA SMITH WOULD NOT BE ELIGIBLE SINCE SHE HAS NOT BEEN ON THE DEPARTMENT LONG ENOUGH. HE STATED THAT THIS WAS HIS OPINION AND THE FINAL DECISION TO BE MADE BY THE MAYOR. COUNCILMAN GALLAGHER WAS OF THE OPINION THAT A MEETING OF THE COUNCIL NOT BE NECESSARY SINCE THE FINAL DE~O~--W~-~~E BY THE MAYOR. 'Il\VI _ MINUTES APPROVED AT REGULAR COUNCIL MEETING ON APRIL il, 1984.