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HomeMy WebLinkAbout03141984MARCH 14, 1984 - 7:00 P.M. BID OPENING ~ REPAIRS TO YACHT CLUB RAMP PUBLIC HEARING - AN ORDINANCE ANNEXING A PART OF THE NW 1/4 OF THE NW 1/4 AND A PART OF NE 1/4 OF NW 1/4 OF SEC. 7, T 31 S, R ]9 E, ~YING NORTH OF THE TRANS FLORIDA RAILWAY RIGHT-OF-WAY AND E~T OF SEBASTIAN HrGHLANDS UNIT 1, CONTAINING 43.95 ACRES, MORE OR LESS. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE ANNOUNCEMENTS/PROCLAMATIONS APPROVE MINUTES OF SPECIAL COUNTIL MEETING 12/5/83, PUBLIC HEARING-SPECIAL COUNCIL MEETING 12/14, PUBLIC HEARING-SPECIAL COUNCIL MEETING 12/21; PUBLIC HEARINGS - 1/4/84, REGULAR COUNCIL MEETING 1/11, B~D OPENING-REGULAR COUNCIL MEETING 1/18, PUBLIC HEARINGS 2/1, SPECIAL COUNCIL MEETING 2/1, PUBLIC HEARING 2/6. COMMITTEE REPORTS OLD BUSINESS: ORDINANCE - AMENDING ORDINANCE NO. O-81-25/COMPREHENSIVE LAND USE PLAN (]rd Reading ~- Hyatt) ORDINANCE - AMENDING ORDINANCE NO. 202/ZON£NG ORDINANCE (.]rd Reading ~ Hyatt) ORDINANCE ESTABLISHING STANDARDS FOR INSTALLATION OF SOLAR WATER HEATING SYSTEMS ORDINANCE ANNEXING INDIAN RIVER COUNTY SCHOOL BOARD PROPERTY MAYOR'S MATTERS: ATTORNEY'S MATTERS: NEW BUSINESS: AUTHORIZATION TO RETAIN JAMES LINN, LABOR RELATIONS COUNSEL ORDINANCE - DOZIER~FISCHER ANNEXATION RESOLUTION TO ACCEPT ELECTION RESUL?~ RESOLUTION - FEE SCHEDULE - ZONING AND PLANNING COMMISSION ORDINANCE PERTAINING TO GENERAL REGULATIONS OF WATERCRAFT OPERATING RESIGNATION OF EARL MASTELLER, CITY ENGINEER RESIGNATION OF DANIEL KILBRIDE, CITY ATTORNEY ORDINANCE RE: TOWN OF ORCHID BEING ACCEPteD INTO NORTH COUNTY FIRE DISTRICT AGREEMENT RE: SETTLEMEN?' WITH KENNETH MIDDLETON MODEL HOME REQUEST - 102~ BARBER STREET - WILLIAM BALLOUGH RESOLUTIONS - ABANDONMENT OF EASEMENTS - LOT 24 & 25, BLOCK ]81, UNIT 11 LOT 1 & 2, BLOCK 97, UNIT 2 LETTER FROM RENE VAN DE VOORDE RE: LOT 7A & 8, BLOCK 199, UNfT 10 USE O~ BARB~-STBEE-~ .BALLFIELD · REQUESTS FOR USE OF RECREAT.TON RACI-r. TTIFS ADJOURN NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEED~-NCS, AND FOR SUCH PURPOSES, HE/SHE MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED. REGULAR CITY COUNCIL MEETING AGENDA City Flood, ~. POST OFFICE BOX 127 [] SEBASTIAN, FLORIDA 3295~ ~ TELEPHONE (305) ~9-~ ~ty C~k BID OPENING CITY OF SEBASTIAN MARCH 14, 1984 BID OPENING, CITY OF SEBASTIAN, CITY COUNCIL, CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M. PRESENT: VICE MAYOR ROBERT FITZMAURICE COUNCILMAN RICHARD SZELUGA COUNCILWOMAN DOROTHY MCKINLEY MAYOR FLOOD ATTORNEY DANIEL KILBRIDE MINUTES BID OPENING MARCH 14, 1984 THE DEPUTY CITY CLERK READ THE NOTICE OF BID AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, FEBRUARY 26th AND MARCH 4th, 1984 FOR THE RENOVATION TO THE EXISTING BOAT RAMP AT THE SEBASTIAN YACHT CLUB AS PER PLANS AND SPECIFICATIONS. ATTORNEY KILBRIDE OPENED AND READ THE ONE BID RECEIVED FROM: MID ATLANTIC DREDGE, INC. INDIAN RIVER SHORES, FLORIDA TOTAL BID PRICE: $19,700.00 IS APPOINTED SO THEY CAN RFV~ THtS--~II~. BID OPENING CLOSED: 7:05 L THE NEW FINANCE COMMITTEE CITY CLERK MAYOR COU~__/E MINUTES APPROVED AT REGULAR G ON JUNE 13, 1984. MARCH 14, 1984 PUBLIC HEARING, CITY OF SEBASTIAN, CITY COUNCIL, CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:05 P.M. PRESENT: VICE MAYOR ROBERT FITZMAURICE COUNCILMAN RICHARD SZELUGA COUNCILWOMAN DOROTHY MCKINLEY MAYOR PAT FLOOD, JR. CITY ATTORNEY DANIEL KILBRIDE MINUTES PUBLIC HEARING MARCH 14, 1984 THE DEPUTY CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO ,BEACH PRESS JOURNAL, FEBRUARY 26th AND MARCH 4th, 1984 TO CONSIDER THE ADOPTION OF AN ORDINANCE ANNEXING A PART OF THE NW 1/4 OF THE NW 1/4 AND A PART OF NE 1/4 OF NW 1/4 OF SEC. 7, T 31S, R 39E, LYING NORTH OF THE TRANS FLORIDA RAILWAY RIGHT-OF-WAY AND EAST OF SEBASTIAN HIGHLANDS UNIT 1, CONTAINING 43.95 ACRES, MORE OR LESS. ATTORNEY KILBRIDE READ FOR THE FIRST TIME IN ITS ENTIRETY AN ORDINANCE ANNEXING A PART OF THE NW 1./4 OF THE NW 1/4 AND A PART OF NE 1/4 OF NW 1/4 OF SEC. 7, T 31S, R 39E, LYING NORTH OF THE TRANS FLORIDA RAILWAY RIGHT-OF-WAY AND EAST OF SEBASTIAN HIGHLANDS UNIT 1, CONTAINING 43.95 ACRES MORE OR LESS. (INDIAN RIVER COUNTY SCHOOL BOARD PROPERTY). PUBLIC HEARING CLOSED 7:10 P.M. CITY CLERK MAYOR MINUTES APPROVED AT REGULAR COUNCIL MEETING ON JUNE 13, 1984. REGULAR COUNCIL MEETING CITY OF SEBASTIAN MARCH 14, 1984 REGULAR MEETING, OF THE CITY OF SEBASTIAN, CITY COUNCIL WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:12 P.M. PRESENT: VICE MAYOR ROBERT FITZMAURICE COUNCILMAN RICHARD SZELUGA COUNCILWOMAN DOROTHY MCKINLEY MAYOR PAT FLOOD, JR. ATTORNEY DANIEL KILBRIDE MINUTES REGULAR COUNCIL MARCH 14, 1984 ANNOUNCEMENTS: VICE MAYOR FITZMAURICE REPORTED THAT THE FOURTH OF JULY COMMITTEE WILL BE HOLD- ING A LAS VEGAS NIGHT AT THE SEBASTIAN COMMUNITY CENTER ON MARCH 17, 1984, ST. PATRICKS DAY AND ALSO THAT THE LIBRARY ASSOCIATION WILL BE HOLDING A FISHING TOURNAMENT DURING THE DAY TIME. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY VICE MAYOR FITZMAURICE , TO APPROVE THE MINUTES OF SPECIAL COUNCIL MEETING 12/5/83, PUBLIC HEARING-SPECIAL COUNCIL MEETING 12/14/83, PUBLIC HEARING-SPECIAL COUNCIL MEETING 12/21/83, PUBLIC HEARING 1/4/84, REGULAR COUNCIL MEETING 1/11/84_, BID OPENING-REGULAR COUNCIL MEETING ~ ~--~--~O~L MEETING £/1/84, PUBLIC HEARING 1/18/84, PUBLIC HEARING 2/ 2/6/84 .  MOTION CARRIED. OLD BUSINESS: ~ ~ , , MOTION BY COUNCILWOMAN MCKINLEY, 4 VICE MA 'OR FIT MAURICE. THAT THE MOTION CARRIED. MOTION BY COUNCILMAN SZ~ ~A , SECONDED BY_ COUNCI__LWOMAN MCtL~NI~fY , THAT THE ITEM OF SEC. 7-25 ~B ~ ~RD~AN~S ~ 6ST~LIS~N~ST~D~D~ FOR THE INSTALLA- TION OF SOLAR WATER HEATING SYSTEMS: REOUZRZNG A P6RRZT FOR INSTALLATION: AUTHORIZING FEES: CREATING SUB-SECTION (8) OF SECTION 7-91 OF THE CODE BY DEFINING: SOLAR WATER HE~TZ~G CONTRACTOR ~ND REOUZRZNG EXAMINATION FOR CERTZFZCA~ TION: CREATING SUB-SECTION ([) OF SECTION 7-93 OF THE COD6 BY PROVIDING FOR C~RTZFZCATZON OF T~OS~ NOW ACTZV~Y 6NGAGED ZN THE ZNST~LL~TZON OF ~OLAR WATER ~EATZNG SYSTEMS AND ALLOWING FOR C~RTZFZC~TZON OF ~ECHANZCAL CONTRACTORS ~.~. R. V. , CONTRACTORS ~ND PLUMBING CONTRACTORS TO INSTALL SOLAR WATER HE~TING ~STE~S : PROVIDING A SEVERABZLIYY CLAUSE AND AN EFFECTIVE DAT~. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY VICE MAYOR FITZMAURICE , TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE CREATING SEC. 7-25 OF THE CODE OF ORDINANCES BY ESTABLISHING STANDARDS FOR THE INSTALLATION OF SOLAR WATER HEATING SYSTEMS. ROLL CALL VOTE: A YES: VICE MAYOR FITZMAURICE COUNCILWOMAN MCKINLEY COUNCILMAN SZELUGA MAYOR FLOOD NAYS: NONE MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY AN ORDINANCE CREATING SEC. 7-25 OF THE CODE OF ORDINANCES BY ESTABLISHING STANDARDS FOR THE INSTALLATION OF SOLAR WATER HEATING SYSTEMS: REQUIRING A PERMIT FOR INSTALLATION: AUTHORIZING FEES: CREATING SUB SECTION (8) OF SECTION 7-91 OF THE CODE BY DEFIN- ING SOLAR WATER HEATING CONTRACTOR AND REQUIRING EXAMINATION FOR CERTIFICATION: CREATING SUB SECTION (i) OF SECTION 7-93 OF THE CODE BY PROVIDING FOR CERTIFICA- TION OF THOSE NOW ACTIVELY ENGAGED IN THE INSTALLATION OF SOLAR WATER HEATING SYSTEMS AND ALLOWING FOR CERTIFICATION OF MECHANICAL CONTRACTORS, H.A.R.V. CONTRACTORS AND PLUMBING CONTRACTORS TO INSTALL SOLAR WATER HEATING SYSTEMS: PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. MINUTES REGULAR COUNCIL MARCH 14, 1984 MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY VICE MAYOR FITZMAURICE, TO ADOPT THE THIRD AND FINAL READING BY TITLE ONLY OF AN ORDINANCE CREATING SEC. 7-25 OF THE CODE OF ORDINANCES BY ESTABLISHING STANDARDS FOR THE INSTALLATION OF SOLAR WATER HEATING SYSTEMS. ROLL CALL VOTE: A YES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY MAYOR FLOOD NAYS: NONE MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY AN ORDINANCE ANNEXING PART OF THE NW 1/4 OF THE NW 1/4 AND A PART OF NE 1/4 OF NW 1/4 OF SEC. 7, T 31S,R 39E, LYING NORTH OF THE TRANS FLORIDA RAILWAY RIGHT-OF-WAY AND EAST OF SEBASTIAN HIGHLANDS UNIT 1, CONTAINING 43.95 ACRES, MORE OR LESS. MOTION BY COUNCILMAN SZELUGA, SECONDED BY COUNCILWOMAN MCKINLEY, TO TABLE THIS ORDINANCE UNTIL SUCH TIME THE NEW COUNCIL CAN TAKE IT UNDER CONSIDERATION. ROLL CALL VOTE AYES COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY MOTION UNTIL NAYS: VICE MAYOR FITZMAURICE '~V/ TIE VOTE ROLL CALL VOTE: AYES: V~-CE ~YOR FITZMAURICE COUNCILMAN SZELUGA ~CILWO~AN MCKINLEY MAYOR F~OD NAYS: NO~E U ~_~ J MOTION CARRIED. NEW BUSINESS: THE AIDE OF~C~RSOW &[~ LiN~.] ~0 ~I~/.~SEkU~E IN C9NT2OVE~S]~ ~INTO ~i'EE NEGOTIATION MENT THAT I T~ PLA_~I~ U A MOTION WITHDRAWN BY VICE MAYOR FITZMAURICE , SECOND WITHDREW BY COUNCILMAN SZELUGA. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN SZELUGA THAT THE COUNCIL EMPLOY CARSON & LINN, LEGAL ATTORNEY TO ASSIST US IN THE ELECTION PROCESS ON AN AS NEEDED BASIS AS DETERMINED BY THE CITY ATTORNEY. ROLL CALL VOTE: A YES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA MAYOR FLOOD NAYS: COUNCILWOMAN MCKINLEY MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE ANNEXING THE NW 1/4 OF THE SE 1/4 OF SEC. 20, T 31S, R 39E AND THE N 1/2 OF THE N 1/2 OF THE SW 1/4 OF THE SE 1/4 OF SEC. 20, T 31S, R 39E; SAID LAND ABUTTING THE SE PORTION OF THE CITY AND LYING W OF THE FEC RAILWAY, E OF SEBASTIAN HIGHLANDS, UNIT 16, CONSISTING OF 50 ACRES MORE OR LESS. (Fischer/Dozier) MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN SZELUGA, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE ANNEXING THE NW 1/4 OF THE SE 1 /4 OF SEC. 20, T31S , R39E AND THE N 1/2 OF THE N 1/2 OF THE SW 1/4 OF THE SE 1 /4 OF SEC. 20, T31S, R39E; SAID LAND ABUTTING THE SE PORTION OF THE CITY AND LYING W OF THE FEC RAILWAY, E OF SEBASTIAN HIGHLANDS, UNIT 16, CONSISTING OF 50 ACRES MORE OR LESS (Fischer/Dozier) ROLL CALL VOTE: A YES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY MAYOR FLOOD NAYS: NONE PUBLIC HEARING SCHEDULED FOR APRIL Il, 1984 AT 7:00 P.M. MOTION CARRIED. MINUTES REGULAR COUNCIL MARCH 14, 1984 THE DEPUTY CITY CLERK READ THE ELECTION RESOLUTION IN ITS ENTIRETY. ATTORNEY KILBRIDE READ IN ITS ENTIRETY A RESOLUTION ADOPTING A FEE SCHEDULE FOR COMPREHENSIVE PLAN AMENDMENTS AND REZONING PETITIONS, SITE PLAN REVIEW, AND SUBDIVISION PLAT REVIEW. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN SZELUGA, TO ADOPT A RESOLUTION ADOPTING A FEE SCHEDULE FOR COMPREHENSIVE PLAN AMENDMENTS AND REZON- ING PETITIONS, SITE PLAN REVIEW, AND SUBDIVISION PLAT REVIEW. ROLL CALL VOTE: A YES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY NAYS: MAYOR FLOOD MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE RENUMBER- ING SEC. 6-1 OF THE CODE OF ORDINANCES AS SEC. 6-13 WITHOUT A CHANGE IN CONTENTS; CREATING SEC. 6-1 THRU 6-15 IN ART. I OF CHAPTER 6 PERTAINING TO GENERAL REGULATIONS OF WATERCRAFT OPERATING WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING A PENALTY CLAUSE; STATING AN EFFECTIVE DATE AND A SEVERABILITY CLAUSE. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILWOMAN MCKINLEY, TO TABLE ORDINANCE RENUMBERING SEC. 6-1 OF THE CODE OF ORDINANCES AS SEC. 6-13 WITHOUT A CHANGE IN CONTENTS. COUNCILMAN \S fLUGA CO NCZLWOMA (MCKINLEY NAYS: NONE MOTION CARRIED. VICE MAYOR FITZMAURICE, TO ACCEPT GINEER, WITH REGRETS. MOTION CARRIED. MOTION BY COUNCILMAN SZELUGA, S D ~ THE RESIGNATION OF EARL MASTELLER. CITY~N MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN SZELUGA, TO ACCEPT THE RESIGNAT O? C T' TORN. DAN K~D~---WIT, EG T . ORDINANCE o 42h ._20: tdHEL O ._..d ORCHID WITHIN THE NORTH INDIAN RIVER COUNTY FIRE TAXING DISTRICT. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN SZELUGA TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE AMENDING ORDINANCE 0-80-4 CONSENTING TO THE INCLUSION OF THE TOWN OF ORCHID WITHIN THE NORTH INDIAN RIVER COUNTY FIRE TAXING DISTRICT. ROLL CALL VOTE: A YES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY MAYOR FLOOD NAYS: NONE MOTION CARRIED. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILWOMAN MCKINLEY TO AUTHORIZE THE MAYOR TO SIGN THE NEGOITIATION SETTLEMENT FOR MR. KENNY MIDDLETON. ROLL CALL VOTE: A YES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY MAYOR FLOOD NAYS: NONE MOTION CARRIED. MOTION BY COUNCILMAN SZELUGA, SECONDED BY COUNCILWOMAN MCKINLEY, THAT THE PERMIT BE GRANTED TO WILLIAM BALLOUGH FOR A MODEL HOME REQUEST AT 1025 BARBER STREET, SEBASTIAN, FLORIDA. MOTION CARRIED. MINUTES REGULAR COUNCIL MARCH 14, 1984 THE DEPUTY CITY CLERK READ THE FOLLOWING RESOLUTIONS VACATING, ABOLISHING ABANDONDING AND DISCONTINUING EASEMENTS FOR LOTS 1 & 2, BLOCK 97, UNIT 2, AND LOT 7A & 8, BLOCK 199, UNIT 10. MOTION BY COUNCILMAN SZELUGA, SECONDED BY COUNCILWOMAN MCKINLEY, TO TABLE THE ABANDONMENT OF EASEMENT RESOLUTION FOR LOTS 24 & 25, BLOCK 381, UNIT 11, SEBASTIAN HIGHLANDS. MOTION CARRIED. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN SZELUGA, TO ADOPT A RESOLUTION VACATING, ABOLISHING, ABANDONING AND DISCONTINUING EASEMENT OF THE NORTH SIDE OF LOT 1 AND THE SOUTH SIDE OF LOT 2, BLOCK 97, UNIT 2, SEBASTIAN HIGHLANDS. ROLL CALL VOTE: A YES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY MAYOR FLOOD NAYS: NONE MOTION CARRIED. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN SZELUGA TO ADOPT A RESOLUTION VACATING, ABOLISHING, ABANDONING AND DISCONTINUING EASEMENT OF THE SOUTH SIDE OF LOT 7A AND THE NORTH SIDE OF LOT 8, BLOCK 199, UNIT 10, SEBASTIAN HIGHLANDS. CO NC_:LWOMA¥ IMCKINLEY ~.AYOR FLOODu NAYS: NONE MOTION CARRIED. MOTION BY COUNCILWOMAN MCKINLEY ,r ~FC'OND~ , BY COUNCILMAN SZELUGA TO ALLOW THE NORTH COUNTY RECREATION THE USE OF T.'~E~B~RBER STREET BALL FIELD. ~ ~ MOTION CARRIED. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN SZELUGA, TO BRING TO THE CITY CLERK I~0 ~HR~D.~ A~ERk~_~S~R A J~ITY-AT~O]RN~,-~. ~ %--- MOTION CARRIED. THERE BEING NO FURTHER DISCUSSION, MEETING ADJOURNED. CITY CLERK MAYOR MINUTES APPROVED AT REGULAR COUNCIL MEETING ON JUNE 13, 1984.