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HomeMy WebLinkAbout03091983REGULAR COUNCIL MEETING MARCH 9, 1983 REGULAR COUNCIL MEETING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M. PRESENT: VICE MAYOR EVERETT T. GASS, COUNCILMAN RICHARD VOTAPKA, COUNCILMAN GEORGE SCHUM, CITY ATTORNEY DANIEL KILBRIDE AND MAYOR PAT FLOOD, JR. MOTION BY COUNCILMAN SCHUM, SECONDED BY COUNCILMAN VOTAPKA, TO ACCEPT THE MINUTES OF PUBLIC HEARING 2/2/83; BID OPENING AND REGULAR COUNCIL MEETING 2/7/83 AS WRITTEN. MOTION CARRIED. ROBERT DOHERTY, SUPERINTENDENT, PUBLIC WORKS, REPORTED THAT THE NEW ~OW TRIM HAS BEEN IN FULL OPERATION AND ALL CANAL WORK SHOULD BE COMPLETED WITHIN 6 MONTHS. EARL MASTELLER, CITY ENGINEER, REPORTED THAT THE BARBER STREET PAVING PROJECT FROM CR 512 TO THE ELKCAM WATERWAY BRIDGE IS COMPLETE AND THE RESULTS ARE EXCELLENT. JOE LANCASTER, FINANCE DIRECTOR, MENTIONED THAT ANY PAYMENTS OR REIMBURSEMENTS DUE TO THE COUNCILMEN BE APPROVED AT THIS MEETING, SINCE THE NEW COUNCIL WILL BE SWORN IN NEXT WEEK. MOTION :BY COUNCILMAN SCHUM, SECONDED BY COUNCILMAN VOTAPKA, TO BRING TO THE FLOOR A MATTER REGARDING ANY PENDING EXPENSES OR REIMBURSEMENTS TO THE COUNCIL. MOTION CARRIED. - THE COUNCIL REPORTED THE F~J~OW1NG EXPEN~ ~EIMBURSEMENTS FROM THE FLORIDA LEAGUE OF CITIES MEETING HELD IN TALLA~ASSEE, F~O~IDA: MAYOR FLOOD, $204.00: VICE MAYOR EVERETT T. GASS, $1~'6~1: CCUNCIL~A~ GEORGE SCHUM: $251.20, PLUS $6.00 MOTION BY COUNCILMAN VOTAPKA,~N~BY COUNCILMAN SCHUM, TO APPROVE THE EXPENSES TURNED IN BY MAYOR FtC/~D~ CO~CILMAN SCHUM AND VICE MAYOR GASS, AS PREVIOUSLY STATED. ~_~ J MOTION CARRIED. IT WAS ATTORNEY KILBRIDE'S RECOMMENDATION THAT THE INCUMBENTS MONTHLY PAY BE PRO-RATED ON A 30 DAY BASIS. JOHN MEL PCL , R TOT~.L CF 4 MP TS FZLED FOR THE MONTH oF FE~RUA~,,Y,X,i~8rlNCT-I~,CL~q.Z[N~; T~,?,~IC WOL~T:O~ISI4 ~H~ ~,SO EXPRESSED THE VICE MAYOft--~ASS~~A~f~PR~r~IMA'T~LY 6~- LIG'B~fS~--!NS'T'AL~--Ei~--DURING THE YEAR OF 1982 AND THAT THE REMAINING SIX INSTALLATIONS WILL BE COMPLETED WITHIN FOUR WEEKS. COUNCILMAN SCHUM ANNOUNCED A MEETING BETWEEN THE VERO BEACH YMCA AND THE SEBASTIAN SWIMMING POOL COMMITTEE ON MARCH 18, 1983, TO DISCUSS THE POSSIBLE LOCATION OF A MUNICIPAL SWIMMING POOL. MAYOR FLOOD RECOMMENDED THAT THE NEW COUNCIL MEMBERS GET A COPY OF THE STANDING COMMITTEE LIST TO CONSIDER WHAT COMMITTEE THEY MAY WANT TO SERVE ON. ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE AMENDING SECTION 4-1 OF THE CODE OF ORDINANCES BY CLARIFYING THE INTENT OF SAID SECTION, PROVIDING A SEVERABILITY CLAUSE AND EFFECTIVE DATE. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN SCHUM, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE AMENDING SECTION 4~1 OF THE CODE OF ORDINANCES BY CLARIFYING THE INTENT OF SAID SECTION, PROVIDING A SEVERABILITY CLAUSE AND EFFECTIVE DATE. ATTORNEY KILBRIDE EXPLAINED THAT THIS ORDINANCE IS JUST CLARIFYING THE INTENT OF THE EXISTING ORDINANCE 4-1 PASSED IN 1975 WHICH IS MUCH MORE DETAILED THAN WHAT APPEARS IN THE CODE OF ORDINANCES. AFTER A VERY LENGTHY DISCUSSION, REGARDING THE INTENT AND ITS RESTRICTIONS, MAYOR FLOOD JNSTRUCTED THE CITY ATTORNEY TO REWORK THE ORDINANCE WITH THE INTENT TO RE- STRICT THE SALE OF BEER, WINE, MALT BEVERAGES AND ALCOHOLIC BEVERAGES WITHIN 450 FEET FROM A HOUSE OF WORSHIP OR SCHOOL. ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 8 CODE OF ORDINANCES RELATING TO THE RULES AND REGULATIONS OF THE SEBASTIAN MUNICIPAL CEMETERY, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. REGULAR COUNCIL MEETING MARCH 9, 1983 MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 8, CODE OF ORDINANCES RELATING TO THE RULES AND REGULATIONS OF THE SEBASTIAN MUNICIPAL CEMETERY PROVIDING A SEVERABILIT¥ CLAUSE AND PROVIDING AN EFFECTIVE DATE WITH THE CHANGES RECOMMENDED AT THE PUBLIC HEARING. ROLL CALL VOTE: AYES: VICE MAYOR GASS 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 ARTICLE II OF CHAPTER 8 CODE OF ORDINANCES RELATING TO THE RULES AND REGULATIONS OF THE SEBASTIAN MUNICIPAL CEMETERY PROVIDING A SEVERABILITY CLAUSE AND PROVIDING 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 ARTICLE II OF CHAPTER 8 CODE OF ORDINANCES RELATING TO THE RULES AND REGULATIONS OF THE SEBASTIAN MUNICIPAL CEMETERY PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR GASS COUNCILMAN VOTAPKA MOTION CARRIED. NISBET TO THE GOLF COURSE BOARD ~ ~I MOTION DIED, LACK OF SECOND. COUNCILMAN SCHUM, NOMINATED KE~ErH TH AS THE ALTERNATE MEMBER TO THE SEBASTIAN GOLF COURSE BOARD OF DIRECTORS ~ ~ '~ ~ L] / ~ ~ ~ ~ ~ ~ l\ ~ ]--T ~.O~V' CARRIED COUNCILMAN VOTAPKA - THOMAS LAUGHLIN COUNCILMAN SCHUM - KENNETH SMITH MAYOR FLOOD - THOMAS LAUGHLIN THE NOMINATIONS. THOMAS LAUGHLIN IS APPOINTED TO THE GOLF COURSE BOARD OF DIRECTORS AS AN ALTERNATE MEMBER, FILLING THE REMAINING TERM OF GORDON CARLISLE. COUNCILMAN VOTAPKA, NOMINATED MR. DAVID NISBET AS THE FULL TIME MEMBER TO THE SEBASTIAN GOLF COURSE BOARD OF DIRECTORS. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, TO CLOSE NOMINATIONS. MOTION CARRIED. VICE MAYOR GASS - DAVID NISBET COUNCILMAN VOTAPKA - DAVID NISBET COUNCILMAN SCHUM - DAVID NISBET MAYOR FLOOD - DAVID NISBET DAVID NISBET IS APPOINTED TO THE GOLF COURSE BOARD OF DIRECTORS AS A FULL TIME MEMBER TO FILL THE UNEXPIRED TERM OF WILLIAM ROUX. MOTION BY COUNCILMAN SCHUM, SECONDED BY COUNCILMAN VOTAPKA, TO ALLOW MR. FRANK OBERBECK TO ADDRESS THE MAYOR AND THE COUNCIL. MOTION CARRIED. FRANK OBERBECK, CITY RESIDENT, REQUESTED THAT THE SALARY OF THE MAYOR BE RAISED AND THAT IT BE PLACED ON THE APRIL 12, 1983 BALLOT AS A REFERENDUM VOTE. MOTION BY COUNCILMAN SCHUM, SECONDED BY VICE MAYOR GASS, THAT A SALARY OF $20,000.00 FOR THE MAYOR OF THE CITY OF SEBASTIAN BE PUT ON THE APRIL 12, 1983 REFERENDUM AND BE EFFECTIVE IMMEDIATELY. COUNCILMAN VOTAPKA RECOMMENDED THAT THE MAYORS SALARY BE $20,385.00, PUTTING IT IN LINE WITH THE RECOMMENDATION AS PROPOSED IN THE CODY REPORT, SINCE IT WILL BE A REFERENDUM VOTE AND WILL NOT CHANGE. REGULAR COUNCIL MEETING MARCH 9, 1983 MOTfON AMENDED BY COUNCILMAN SCHUM, SECONDED BY VICE MAYOR GASS, THAT THE SALARY BE AMENDED TO $20,400.00. ROLL CALL VOTE: AYES: VICE MAYOR GASS COUNCILMAN VOTAPKA COUNCILMAN SCHUM MAYOR FLOOD NAYS: NONE MOTION CARRIED. COUNCILMAN SCHUM STATED THAT THE INTENT OF HIS MOTION IS FOR THE CITY ATTORNEY TO GO AHEAD AND PREPARE THE ORDINANCE. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, TO BRING TO THE FLOOR THE RESOLUTION ACCEPTING THE ELECTION RESULTS OF MARCH 8, 1983 ELECTION. THE CITY ATTORNEY READ IN ITS ENTIRETY A ELECTION RESOLUTION AS FOLLOWS: WHEREAS THE INSPECTORS AND CLERK OF THE GENERAL ELECTION HELD IN THE CITY OF SEBASTIAN, FLORIDA ON THE 8TH DAY OF MARCH, 1983, AND WHEREAS THE CITY COUNCIL HAS CANVASSED THE SAID RETURNS AND HAS FOUND THE SAME IN PROPER FORM AND HAS DETERMINED THE RESULTS OF SAID ELECTION. GENERAL ELECTION FOR MEMBER OF CITY COUNCIL 2 YEAR TERM __ 2~_~CHINE ROBERT J. FITZMAURICE \ ~97 JAMES GALLAGHER ~ "~ I 173~ 2 EVERETT T. GASS H373 DOROTHY W. MCKINLEY -- 500 ~EOR~E V. SCHUM RZCHARO C. SZELUUA ~-~ ~H 422 TOTAL VOTES CAST: 3236 REFERENDUM QUESTION sHoULD ORDINANCE NO. 83-1 BE E ICH AMENDS THE CHARTER OF THE CITY OF SEBASTIAN BY CREATIN TH~ PoSI_T_LDN O FICER VmE c rY. ABSENTEE VOTES TOTAL 18 715 20 752 12 383 7 507 7 456 9 421 FOR MACHINE ,CUEr i SUA_ iVE I , \89\! TOTAL VOTES CASTS 1052 ABSENTEE VOTES: 5 22 TOTAL MACHINE VOTES CAST: 1144 TOTAL ABSENTEE VOTES CAST: 27 MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, TO ADOPT THE ELECTION RESOLUTION WITH THE CORRECTION OF TOTAL VOTES CAST UNDER THE REFERENDUM QUESTION READING 1052. MOTION CARRIED. MAYOR FLOOD ANNOUNCED THAT THE SWEARING IN CEREMONY OF THE NEW CITY COUNCIL MEMBERS WILL BE HELD MONDAY, MARCH 14, 1983 AT 7:00 P.M., IN THE MAYORS, MEETING ROOM. MAYOR FLOOD ANNOUNCED THAT CONGRESSMAN BILL NELSON WILL BE MEETING WITH THE PUBLIC AT THE SEBASTIAN COMMUNITY CENTER ON SATURDAY, MARCH 12, 1983 AT 9:30 A.M. AND URGED EVERYONE TO ATTEND. MAYOR FLOOD INVITED THE PUBLIC TO THE CITY HALL OPEN HOUSE AND FLAG RAISING CEREMONY TO BE HELD AT 9:00 A.M., FRIDAY, MARCH 11, 1983. ATTORNEY KILBRIDE READ IN ITS ENTIRETY A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, OBJECTING TO THE ESTABLISHMENT OF ENTRANCE FEES AT SEBASTIAN INLET STATE PARK. MOTION BY VICE MAYOR GASS, SECONDED BY COUNCILMAN VOTAPKA, TO ADOPT A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, OBJECTING TO THE ESTABLISH- MENT OF ENTRANCE FEES AT SEBASTIAN INLET PARK. ROLL CALL VOTE: A YES: VICE MAYOR GASS COUNCILMAN VOTAPKA COUNCILMAN SCHUM MAYOR FLOOD NAYS: NONE MOTION CARRIED. REGULAR COUNCIL MEETING MARCH 9, 1983 ATTORNEY KILBRIDE REPORTED THAT HE WOULD TRY TO HAVE THE MUTUAL AID AGREEMENT PREPARED BY THE NEXT REGULAR COUNCIL MEETING, MARCH 16, 1983. ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE VACATING, ABOLISHING AND ABANDONING THE RIGHT OF WAY LOCATED ON THAT PORTION OF WAUREGAN AVENUE, LYING BETWEEN SHORT STREET AND CHESTNUT STREET, WAUREGAN SUB DIVISION AND PROVIDING AN EFFECTIVE DATE. (ST. WILLIAMS CATHOLIC CHURCH) MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE VACATING, ABOLISHING AND ABANDONING THE RIGHT OF WAY LOCATED ON THAT PORTION OF WAUREGAN AVENUE LYING BETWEEN SHORT STREET AND CHESTNUT STREET, WAUREGAN SUB DIVISION AND PROVIDING AN EFFECTIVE DATE. (ST. WILLIAMS CATHOLIC CHURCH) ROLL CALL VOTE: AYES: VICE MAYOR GASS COUNCILMAN VOTAPKA COUNCILMAN SCHUM MAYOR FLOOD NAYS: NONE MOTION CARRIED. MAYOR FLOOD STATED THAT THE PUBLIC HEARING WOULD BE HELD APRIL 6, 1983, PRIOR TO THE WORKSHOP MEETING. MAYOR FLOOD RECOMMENDED THAT APPROXIMATELY $12,000. O0 BE REMOVED FROM THE GENERAL STREET. MAYOR BY COUNCILMAN VOTAP~A, ,ECON~ED BY\ CpUNCILMAN SCHUM, TO APPROVE THE ROLL CALL VOTE: AYES: VICE MAYOR GASS MA70.~ F?OD NAYS: ~ ~ MOTION CARRIED. MAYOR FLOOD TURNED THE MEETING OVER TO VICE MAYOR GASS. MISSION CON __.Jr UC p T AX.LER ON SOl, uNrz 14, SeBASTI*N MOTION SC U , M*YO* PERMIT e*. OSN rV;ZCS, M.L.S. CONSTRUCTION, TO PARK A TEMPORARY CONSTRUCTION TRAILER ON LOT 9, BLOCK 507, UNit SEBASTIAN SrSSLANDS URrNS TSE CONSTRUCrZON DUPLEX. MOTION CARRIED. ~HE CITY CLERK READ INTO THE RECORD A LETTER RECEIVED FROM MR. ALBERT E. CHALOUX, ADDRESSED TO THE SEBASTIAN CITY COUNCIL AND THE GOLF COURSE BOARD OF DIRECTORS, REGARDING THE RULING ON GOLF CARTS. (LETTER ATTACHED) BUD TROWBRIDGE , CHAIRMAN, GOLF COURSE BOARD OF DIRECTORS, STATED THAT THIS LETTER WOULD BE REVIEWED BY THE BOARD OF DIRECTORS. THE CITY CLERK READ A LETTER FROM THE SEBASTIAN RIVER ART CLUB, REQUESTING PER- MISSION TO USE THE SEBAST£AN RIVERVIEW PARw FOR A SPRING ART SHOW ON FRIDAY, MARCH 25, 1983 AND SATURDAY MARCH 26, 1983 BETWEEN 10:00 A.M. - 4:00 P.M.EACH DAY. MOTION BY MAYOR PAT FLOOD, JR., SECONDED BY COUNCILMAN VOTAPKA, TO PERMIT THE SEBASTIAN RIVER ART CLUB TO USE THE SEBASTIAN RIVERVIEW PARK ON MARCH 25 & 26,1983, FROM 10:00 A.M. TO 4:00 P.M. FOR THEIR ANNUAL SPRING ART SHOW. MOTION CARRIED. THE CITY CLERK READ A LETTER FROM ROBERT SHIELD, CUB SCOUT PACK #589, REQUESTING THE USE OF THE SEBASTIAN COMMUNITY CENTER ON TUESDAYS BETWEEN 4:15 P.M. - 5:45 P.M. MOTION BY COUNCILMAN SCHUM, SECONDED BY COUNCILMAN VOTAPKA, TO PERMIT THE CUB SCOUT PACK #589 TO USE THE SEBASTIAN COMMUNITY CENTER EVERY TUESDAY, BETWEEN 4:15 P.M. - 5:45 P.M. MOTION CARRIED. THE CITY CLERK READ A LETTER ADDRESSED TO THE MAYOR, REQUESTING SPONSORSHIP FROM THE CITY FOR THE RUN FOR LILA FUND RAISING CAMPAIGN. REGULAR COUNCIL MEETING MARCH 9, 1983 MAYOR FLOOD INSTRUCTED CHIEF MELTON TO CHECK INTO THE RUN FOR LILA FUND RAISING CAMPAIGN AND MENTIONED THAT CITY RESIDENTS CAN CONTRIBUTE BUT THAT THE CITY WOULD NOT BECOME INVOLVED. THE CITY CLERK READ A LETTER FROM THE SEBASTIAN RIVER JUNIOR WOMANS CLUB, REQUEST- ING PERMISSION TO USE THE SEBASTIAN COMMUNITY CENTER AND SERVE ALCOHOLIC BEVERAGES ON MARCH 26, 1983 FOR THEIR THIRD ANNUAL SPRING FLING COUNTY WESTERN DANCE. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, TO APPROVE THE REQUEST OF THE SEBASTIAN JUNIOR WOMANS CLUB TO USE THE SEBASTIAN COMMUNITY CENTER AND TO SERVE ALCOHOLIC BEVERAGES AT THEIR THIRD ANNUAL SPRING FLING COUNTY WESTERN DANCE ON MARCH 26, 1983. MOTION CARRIED. MOTION BY MAYOR FLOOD, SECONDED BY COUNCILMAN VOTAPKA, TO PERMIT WILSON POWELL AND LANNA STUBS TO SERVE ALCOHOLIC BEVERAGES AT A WEDDING RECEPTION TO BE HELD AT THE SEBASTIAN COMMUNITY CENTER ON APRIL 2, 1983. MOTION CARRIED. MOTION BY COUNCILMAN VOTAPKA, SECONDED BY COUNCILMAN SCHUM, TO PERMIT BRUNO CRISTOFORI TO SERVE ALCOHOLIC BEVERAGES AT A WEDDING RECEPTION TO BE HELD AT THE SEBASTIAN COMMUNITY CENTER ON JUNE 22, 1983. MOTION BY MAYOR FLOOD, ~ ED BY CgUN N TO SERVE ALCOHOLIC BEVE~A~ AT A PARTY ~OI BE CENTER ON JULY 2, 1983. ,J ~ MOTION CARRIED. VOTAPKA, TO PERMIT SHIRLEY BOHANNON HELD AT THE SEBASTIAN COMMUNITY MOTION CARRIED. MAYOR FLOOD BOARD BE AN THERE BEING MENTIONED THAT TH~'P~OI~ENT TO THE SEBASTIAN CODE ENFORCEMENT AGENDA ITEM AT THE A'EXT ~GULAR COUNCIL MEETING, MARCH 16, 1983. NO FURTHER BUSINESS, ME~ING ADJOURNED: 9:40 P.M. CITY M].YOR MINUTES APPROVED BY CITY COUNCIL ON APRIL 13, 1983.