HomeMy WebLinkAbout04131983REGULAR COUNCIL MEETING APRIL 13, 1983
REGULAR COUNCIL MEETING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M.
PRESENT: VICE MAYOR ROBERT FITZMAURICE, COUNCILWOMAN DOROTHY MCKINLEY,
COUNCILMAN JAMES GALLAGHER, CITY ATTORNEY DANIEL KILBRIDE AND MAYOR PAT
FLOOD, JR.
THE DEPUTY CITY CLERK READ IN ITS ENTIRETY THE ELECTION RESOLUTION FOR ELECTION
HELD APRIL 12, 1983.
SPECIAL ELECTION
FOR MEMBER OF CITY COUNCIL:
( 1 YR. TERM
VOTE FOR ONE)
MACHINE ABSENTEE
RECEIVED VOTES VOTES TOTAL
CLARENCE J. RICH
RICHARD SZELUGA
EARL D. WITHERBY
" 360 ll 371
" 388 7 395
" 147 I 148
TOTAL VOTES CAST: 902
REFERENDUM QUESTION:
FOR
SHOULD ORDINANCE NO. 83-3 BE ADOPTED
WHICH AMENDS THE CARTER OF THE CITY
OF SEBASTIAN BY INCREASING~ ~-A-vO~-~
COMPENSATION TO $20,400.0~ ~ ANWU~-
TOTAL VOTES CA : 921
MACHINE
VOTES
363
505
ABSENTEE
VOTES
9
AGAINST
10
TOTAL MACHINE VOTES CAST: 9~ ~ TOTAL ABSENTEE
1
MOTION BY VICE MAYOR FITZMAURICE. S3CO~ED BY COUNCILWOMAN
ELECTION RESULTS AS READ. F
ROLL CALL VOTE: AYE '~VI AYOR FITZMAURICE
COUNCILWOMAN MCKINLEY
THE
VOTES CAST: 19
MCKINLEY, TO ACCEPT THE
OATH 0 IC A I E THF VEW CO A HARD SZELUGA.
COUNCILMAN SZELUGA THANKED EVERONE FOR THEIR CONFIDENCE AND STATED THAT HE WOULD
DO HIS UTMOST TO MEET THEIR EXPECTATIONS.
MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, THAT THE
MINTUES OF REGULAR COUNCIL MEETING, 2/16; SPECIAL MEETING 3/2; REGULAR COUNCIL
MEETING 3/9; SPECIAL MEETING 3/14; REGULAR MEETING 3/16; PUBLIC HEARING 3/30;
SPECIAL MEETING 3/30 BE APPROVED AS READ FOR THE DATES SO SPECIFIED.
MOTION CARRIED.
ROBERT DOHERTY, SUPERINTENDENT, PUBLIC WORKS, REPORTED THAT WATER SAMPLES OF THE
SWIM LAKE ARE BEING TAKEN ON A REGULAR BASIS AND ALL CAUTION SIGNS IN THE AREA
HAVE BEEN SECURED.
MAYOR FLOOD REPORTED THAT ADEQUATE DIRECTIONAL LIGHTING FOR THE CITY COUNCIL
CHAMBERS PARKING AREA WILL BE INSTALLED.
JOHN MELTON, POLICE CHIEF, REPORTED THAT A NEW CATEGORY CALLED "CODE NOTICES"
WILL BE INCLUDED IN HISMONTHLY REPORT. HE EXPLAINED THAT THIS CATEGORY WILL
INCLUDE ANY VIOLATIONS OF THE CITY'S CODE THAT WOULD COME UNDER THE JURISDICTION
OF THE CODE ENFORCEMENT BOARD.
NORM RESOP, ACTING BUILDING OFFICIAL, REPORTED A TOTAL OF 12 SINGLE FAMILY
DWELLING PERMITS ISSUED FOR THE MONTH OF MARCH AND A TOTAL OF $2,715.00 COLLECTED
IN PERMIT FEES.
MAYOR FLOOD STATED THAT HE WOULD APPOINT CITY COMMITTEE CHAIRMAN AT THE NEXT
REGULAR COUNCIL MEETING, APRIL 20, 1983.
REGULAR COUNCIL MEETING APRIL 13, 1983
COUNCILMAN SZELUGA STATED THAT HE DID NOT VOTE IN FAVOR OF THIS MOTION, SINCE THIS
IS HIS FIRST SEAT ON THE COUNCIL AND HAD NOT HAD THE OPPORTUNITY TO REVIEW THE
ORDINANCE OF APPLICATION.
MAYOR FLOOD STATED THAT A PUBLIC HEARING WOULD BE HELD PRIOR TO THE REGULAR
COUNCIL MEETING SCHEDULED FOR MAY 18, 1983.
MAYOR FLOOD MENTIONED THAT A MEETING BETWEEN THE SEBASTIAN VOLUNTEER FIRE
DEPARTMENT AND SEBASTIAN VOLUNTEER AMBULANCE SQUAD WAS HELD TO DISCUSS SOME
COMMUNICATION PROBLEMS. AFTER A LENGTHY DISCUSSION, A VOTE WAS TAKEN WITH
THE GENERAL CONCENSUS BEING THAT THE TWO DEPARTMENTS SPLIT UP WITH THE POSSI-
BILITY OF THE AMBULANCE SQUAD RELOCATING TO THE PROPERTY ON MAIN STREET, EAST
OF CITY HALL.
MAYOR FLOOD ASKED THAT THE COUNCIL CONSIDER THIS NEW LOCATION AND THAT IT WOULD
BE AN AGENDA ITEM FOR THE NEXT REGULAR COUNCIL MEETING, TO BE HELD APRIL 20, 1983.
FOR THE RECORD, THE DEPUTY CITY CLERK READ A LETTER ADDRESSED TO JOHN MELTON,
POLICE CHIEF, FROM JAMES P. REYNOLDS, P.E., ASSISTANT DIRECTOR, TRAFFIC OPERATIONS
ENGINEER, DEPARTMENT OF TRANSPORTATION, INDICATING THAT THEY HAVE COMPLETED A
TRAFFIC SIGNAL WARRANT STUDY AT THE INTERSECTION OF U.S. #1, AT SCHUMANN DRIVE
AND THAT A TRAFFIC LIGHT IS WARRANTED, BUT DUE TO UNAVAILABLE FUNDS, THE INSTALLA-
TION OF THIS TRAFFIC SIGNAL CANNOT BE MADE AT THIS TIME.
FOR THE RECORD, THE DEPUTY CITY CLERK READ A LETTER ADDRESSED TO THE MAYOR FROM
JAMES P. REYNOLD, P.E., ASSLSTANT__ DISTRICl TRAFFIC OPERATIONS ENGINEER, DEPARTMENT
TRAFFIC LIGHT LOCATED ON _TA~-~ROAD _ gT STREET.
THE DEPUTY CITY CLERK READ A~TER FRgM Z EI SEBASTIAN METHODIST CHURCH, OFFERING
TO THE CITY ANY OR ALL TR~OCATED O~ LO! ~ 17 AND 18, A.G. ROSE SUBDIVISION,
PROVIDING THE CITY REMOVE TTt~M, 7S-iNCk~--THEY PILL BE CLEARING THIS PROPERTY FOR AN
ADDITIONAL PARKING AREA.
EXPENSES FOR VOLUNTEER COMMITTEE MAYOR F OOD STATED THAT THIS WOULD
AN AGENDA ITEM FOR THE NEXT RE CO NCrL MEETINg, TO HE D, APRIL
MAYOR F:OOD STATED THAT THE MATTER RESARDI G THE PArNTINC OF THE AIRPORT RUNWAY
WILL BE AN ~
1983. ~
ATTORNEY K
SECTION 2~
RESIDENTIA
MADE AN AGE
~N.D/~_~_IE OR THE EXT GU OU.~CIL ETT G TO BE HELD
B~JDE R.:~PORTE~ T~t~T ITHE~D~FT RZGAR~ 6 ~H~ ~ CSED CHANGE
~%Mi~UM ~A~A~S~ F~%NSTR ]CT_ON .~D~XVE~AYS , DEALING
~RJVE~S I~ gO~P~n~T~m~--M~YOP z~LO0m ~T~ ~ THIS DRAFT
APRIL 20,
TO SUB
WI TH
WOULD BE
20, 1983.
ATTORNEY KILBRIDE REPORTED THAT THE FRANCHISE AGREEMENT BETWEEN THE CITY OF
SEBASTIAN AND RURAL SANITATION IS DUE FOR RENEWAL. MAYOR FLOOD STATED THAT THIS
RENEWAL AGREEMENT WILL BE MADE AN AGENDA ITEM FOR THE NEXT REGULAR COUNCIL
MEETING, TO BE HELD APRIL 20, 1983.
IN RESPONSE TO A QUESTION ASKED BY MAYOR FLOOD AND FOR CLARIFICATION, ATTORNEY
KILBRIDE STATED THAT ONE CONFLICT OF INTEREST FORM IS SUFFICIENT TO COVER ALL
DISCUSSIONS OF THE SAME ISSUE.
THE DEPUTY CITY CLERK READ IN ITS ENTIRETY A RESOLUTION OF THE COUNCIL OF THE CITY
OF SEBASTIAN AUTHORIZING SIGNATURES TO APPEAR ON ALL FINANCIAL TRANSACTIONS.
ROLL CALL VOTE:
A YES:
VICE MAYOR FITZMAURICE
COUNCILWOMAN MCKINLEY
COUNCILMAN GALLAGHER
MAYOR FLOOD
NAYS: COUNCILMAN SZELUGA
MOTION CARRIED.
COUNCILMAN SZELUGA WAS NOT IN AGREEMENT WITH THE WORK "ALL" USED IN THE RESOLUTION.
ATTORNEY KILBRIDE RECOMMENDED THE REZONING REQUEST FOR LOTS 55 AND 56, WAUREGAN
SUBDIVISION BE SENT BACK TO THE PLANNING AND ZONING BOARD TO BE INCORPORATED INTO
THE COMPREHENSIVE LAND USE PLAN AS COMMERCIAL AND THEN BE BROUGHT BEFORE THE CITY
COUNCIL FOR ACTION.
MR. GREG GOLIEN, BROKER, MID FLORIDA REAL ESTATE, REQUESTED A VARIANCE FOR LOT
#16, RIVER'S EDGE SUBDIVISION. HE EXPLAINED THAT THE 75 FOOT FRONT BUILDING LINE
BE MOVED FORWARD.
REGULAR COUNCIL MEETING APRIL 13, 1983
MAYOR FLOOD EXPLAINED THE ACTION HE TOOK RECENTLY IN CONJUNCTION WITH THE
SEBASTIAN POLICE DEPARTMENT BY REMOVING TOOLS FROM UNLOCKED GOLF COURSE SHEDS.
HE STATED THAT THIS ACTION WAS A FOLLOW UP FROM WHAT WAS PREVIOUSLY STATED AT
A SPECIAL GOLF COURSE MEETING. HE FELT HE WAS JUSTIFIED IN TAKING THIS ACTION
ALTHOUGH COUNCILMAN SZELUGA TOOK EXCEPTION TO IT.
THE DEPUTY CITY CLERK READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE
VACATING, ABOLISHING AND ABANDONING THE RIGHT OF WAY LOCATED ON THAT PORTION OF
WAU~EGAN AVENUE AND LYING BETWEEN SHORT STREET AND CHESTNUT STREET, WAUREGAN
SUBDIVISION; AND PROVIDING AN EFFECTIVE DATE.
MOTION BY VICE MAYOR FITZMAURICE , SECONDED BY COUNCILWOMAN MCKINLEY, TO ACCEPT
THE SECOND 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 SUBDIVISION; AND PROVIDING
AN EFFECTIVE DATE.
ROLL CALL VOTE:
AYES:
VICE MAYOR FITZMAURICE
COUNCILMAN SZELUGA
COUNCILMAN MCKINLEY
COUNCILMAN GALLAGHER
MAYOR FLOOD
NAYS: NONE
MOTION CARRIED.
THE DEPUTY CITY CLERK READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY AN
PORTION OF WAUREGAN AVENUF LY--~NG 3ET~fEEN ~H~O~T STREET AND CHESTNUT STREET,
WAUREGAN SUBDIVISION; AND PROVIDING AN EFFECTIVE DATE.
RIGHT OF WAY LOCATED ON THAT PORTION OF WAUREGAN AVENUE LYING BETWEEN SHORT STREET
AND CHESTNUT STREET, WAUREGAN S~VI~; AND PROVIDING AN EFFECTIVE DATE.
ROLL CALL VOTE: AYES. ?IC~MAYOR FITZMAURICE
iOUi~ILMAN SZELUGA
~ 20U~CILWOMAN MCKINLEY
~O~ILMAN GALLAGHER
MAYOR FLOOD
: OTION CARRIED.
ATTORNEY Ki~B~IDZ R~A~ FO~ T~IRS~ ~IME BY TITLE~ ~L~Y ~ ~PDINANCE AMENDING
BEVERAGES N 5 FEET' F R SCHgOL P NG £EVERABILITY CLAUSE
MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN GALLAGHER, TO ACCEPT THE
FIRST READING BY TITLE ONLY OF AN ORDINANCE AMENDING SECTION 4-1 OF THE CODE OF
ORDIDNANCES BY PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES WITHIN 50 FEET OF A
CHURCH O~ SCHOOL, PROVIDING A SEVERALBILITY CLAUSE AND EFFECTIVE DATE.
ROLL CALL VOTE:
AYES:
VICE MAYOR FITZMAURICE
COUNCILMAN SZELUGA
COUNCILWOMAN MCKINLEY
COUNCILMAN GALLAGHER
MAYOR FLOOD
NAYS: NONE
MOTION CARRIED.
MAYOR FLOOD STATED THAT A PUBLIC HEARING WOULD BE HELD, PRIOR TO THE WORKSHOP
MEETING SCHEDULED FOR MAY 4, 1983.
ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE ANNEXING
FIVE CONTIGUOUS PARCELS OF LAND IN THE S.E. 1/4 OF SECTION 1, T 31, S, RANGE 38 E. ,
BEING LOCATED SOUTH OF MAIN STREET AND ABUTTING A PORTION OF BOB'S CIRCLE BEING 9
ACRES MORE OR LESS.
MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILWOMAN MCKINLEY, TO ACCEPT THE
FIRST READING BY TITLE ONLY OF AN ORDINANCE ANNEXING FIVE CONTIGUOUS PARCELS OF
LAND IN THE S.E. 1/4 OF SECTION 1, T 31, S, RANGE 38 E. , BEING LOCATED SOUTH OF
MAIN STREET AND ABUTTING A PORTION OF BOB'S CIRCLE BEING 9 ACRES MORE OR LESS.
ROLL CALL VOTE:
A YES:
VICE MAYOR FITZMAURICE
COUNCILWOMAN MCKINLEY
COUNCILMAN GALLAGHER
MAYOR FLOOD
NAYS: COUNCILMAN SZELUGA MOTION CARRIED.
REGULAR COUNCIL MEETING APRIL 13, 1983
EARL MASTELLER, CITY ENGINEER, RECOMMENDED THAT THIS VARIANCE REQUEST BE BROUGHT
BEFORE THE VARIANCE BOARD WITH AN UP TO DATE SURVEY OF LOT #16, RIVER'S EDGE SUB-
DIVISION, SIGNED AND SEALED BY A REGISTERED SURVEYOR.
MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, THAT THE
VARIANCE REQUEST BE SENT TO THE VARIANCE BOARD WITH THE STIPULATION THAT AN UP TO
DATE SURVEY BE SUPPLIED BEFORE THE VARIANCE BOARD TAKES ACTION ON THE MATTER.
(RIVER'S EDGE SUBDIVISION)
MOTION CARRIED.
MOTION BY COUNCILMAN GALLAGHER , SECONDED BY VICE MAYOR FITZMAURICE , THAT THE MODEL
HOME PERMIT BE GRANTED FOR LOT #12, BLOCK #218, UNIT #8, SEBASTIAN HIGHLANDS. (TACA)
MOTION CARRIED.
THE DEPUTY CITY CLERK READ A LETTER FROM JOHN HOLDER, RESIGNING FROM HIS POSITION
ON THE PLANNING AND ZONING COMMISSION.
MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN SZELUGA, TO TABLE THE
PLANNING AND ZONING APPLICATIONS UNTIL THE NEXT MEETING, APRIL 20, 1983.
MOTION CARRIED.
IT HAS BEEN RECOMMENDED BY CHIEF JOHN MELTON, THAT THE EAST SIDE OF NORTH CENTRAL
AVENUE BE POSTED AS A "NO PARKING" ZONE, SINCE A PARKING LOT HAS BEEN PUT IN BEHIND
HOOSE ' S RESTAURANT. ~ -- ~--~ W
MOTION BY COUNCILMAN GALLA~q-AM'R, -5~ECO~'~ED B~COUNCILWOMAN MCKINLEY, THAT THE TENNIS
COURT COMMITTEE BE APPOINTED.
MAYOR FLOOD APPOINTED MR. MCMANUS AS A~ NG CHAIRMAN OF THE TENNIS COURT COMMITTEE.
THE DEPUTY CITY CLERK READ A LT~ FR~M THE NORTH INDIAN RIVER COUNTY, CHAPTER
#3234, AMERICAN ASSOCIATION OF RETIRED PERSONS, REQUESTING PERMISSION TO USE THE
SEBASTIAN COMMUNITY CENTER, FREE OF CHARGE, ONE AFTERNOON OR EVENING A WEEK TO HOLD
MOTION BY SJ¢ GA// AT[XTS RFQ ES? BE/ A TE, , ROVIDED THE CITY CLERK
THE FOURTHkC__/U' _ii hi kEY __ __ hi 2k
MOTION WITHDRAWN BY COUNCILMAN SZELUGA , DUE TO THE FACT THAT THE LETTER WAS NOT
CLEAR AS TO WHETHER OR NOT THEY WANTED TO USE THE COMMUNITY CENTER TEMPORARILY OR
PERMANENTLY .
MOTION BY COUNCILMAN SZELUGA, SECONDED BY VICE MAYOR FITZMAURICE , THAT THIS REQUEST
BE GRANTED AND THAT THEY CAN USE THE SEBASTIAN COMMUNITY CENTER ONE AFTERNOON A
WEEK UNTIL SUCH TIME IT IS RECINDED BY THE CITY COUNCIL.
MOTION AMENDED BY VICE MAYOR FITZMAURICE , SECONDED BY COUNCILMAN SZELUGA, THAT THE
USE OF THE COMMUNITY CENTER IS FOR THE SPRING CHICKEN A.A.R.P. BAND.
MOTION CARRIED.
MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO APPROVE THE
ALCOHOLIC BEVERAGE REQUESTS FOR THE FOLLOWING: SEBASTIAN RIVER WOMEN'S BOWLING
ASSOCIATION ON 4/19J83, INDIAN RIVER A.A.R.P. CHAPTER #3234 ON 4/27/83 AND MRS.
BROWN ON 6/11/83.
MOTION CARRIED.
MOTION BY COUNCILMAN GALLAGHER, SECONDED BY VICE MAYOR FITZMAURICE, TO BRING TO THE
FLOOR A DISCUSSION REGARDING A NEW COUNCIL TABLE.
MOTION AMENDED BY COUNCILMAN GALLAGHER, SECONDED BY VICE MAYOR FITZMAURICE, TO
INCLUDE THE POSSIBILITY OF TAKING ACTION.
MOTION CARRIED.
AFTER A DISCUSSION REGARDING THE PURCHASE OF A NEW COUNCIL CHAMBERS TABLE, CHAIRS
AND PODIUM, MAYOR FLOOD RECOMMENDED THAT THESE ITEMS BE PUT OUT FOR BID.
MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, THAT SPECIFICA-
TIONS BE MADE SO WE CAN GO OUT TO BID FOR A NEW COUNCIL TABLE, CHAIRS AND PODIUM.
REGULAR COUNCIL MEETING APRIL 13, 1983
MOTION AMENDED BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO
INCLUDE A CAP OF $3,500.00.
MOTION CARRIED.
THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED: 9:05 P.M.
CITY CLERK MAYOR
MINUTES APPROVED BY CITY COUNCIL ON MAY ll, 1983.