Loading...
HomeMy WebLinkAbout04201983REGULAR COUNCIL MEETING APRIL 20, 1983 REGULAR COUNCIL MEETING CALLED TO ORDER BY VICE MAYOR ROBERT FITZMAURICE, AT 7:00 P.M. PRESENT: VICE MAYOR ROBERT FITZMAURICE, COUNCILWOMAN DOROTHY MCKINLEY, COUNCILMAN JAMES GALLAGHER, CITY ATTORNEY DANIEL KILBRIDE. ABSENT: MAYOR PAT FLOOD, JR., COUNCILMAN RICHARD SZELUGA VICE MAYOR FITZMAURICE APPOINTED ROBERT DOHERTY AS THE CHAIRMAN OF THE CITY EMPLOYEE PICNIC AND ASKED THAT HE COME BACK TO THE COUNCIL WITH INFORMATION REGARDING THE PICNIC FOR THE IMMEDIATE FUTURE. ATTORNEY KILBRIDE REPORTED THAT HE ATTENDED A COUNTY COMMISSIONERS MEETING ALONG WITH EARL MASTELLER, CITY ENGINEER AND LESTER SOLIN, CITY PLANNER, REGARDING THE REZONING REQUEST FOR 40 ACRES OF PROPERTY ON THE NORTH CITY LIMITS, U.S. #1, KNOWN AS THE "SCHLITT" PROPERTY WHICH WAS ANNEXED INTO THE CITY APPROXIMATELY 1% YEARS AGO. SINCE A PERIOD OF 2 YEARS HAS NOT ELAPSED, THIS REQUEST HAD TO BE BROUGHT BEFORE THE COUNTY COMMISSION REQUESTING THAT THEY AGREE TO INCLUDE THIS PROPERTY INTO THE COMPREHENSIVE LAND USE PLAN AS LIMITED COMMERCIAL. AFTER SOME DISCUSSION, A MOTION WAS MADE TO ACCEPT THIS REQUEST BUT NOT SECONDED, SO RATHER THAN VOTE IT WAS DECIDED TO TABLE THE MATTER UNTIL ONE OF THE COMMISSIONERS RETURNS FROM VACATION. VICE MAYOR FITZMAURICE INSTRUCTED EARL MASTELLER, CITY ENGINEER, TO PREPARE A LETTER TO THE STAFF OF THE COUNTY COMMISSIONERS, OUTLINNING THE CITY'S REQUEST HARRIS BE APPOINTED TO FILL THE UNEXPIRED ~E~M OF JOHN HOLDER ON THE PLANNING AND ZONING COMMISSION. MOTION CARRIED. MOTION BY COUNCILWOMAN MCKINLEY~A~ APPOINTMENT OF THE ALTERNATE MEMBER TO THE PLANNING AND ZONING BOARD £E'?AgLE~ UNTIL THE GENTLEMEN SHOW UP AT THE NEXT MEETING.  MOTION DIED,LACK OF SECOND. COUNCILMAN GALLAGHER, NOMINATED JESSE H. BROCK, TO BE APPOINTED TO THE PLANNING MOTION BY C~U~CILMAN GALL~GH~R~ ~EC'~N~D BY COJNCILW~M~N M~CKINLEY, THAT NOMINATIONS L MOTION CARRIED. SINCE JESSE H. BROCK IS THE ONLY NOMINEE, HE IS ELECTED TO THE PLANNING AND ZONING COMMISSION AS THE ALTERNATE MEMBER BY DECISION. VICE MAYOR FITZMAURICE REQUESTED THAT THE ORDINANCE AMENDING SECTION 27-19, REGARDING FIRE PROTECTION BE TABLED UNTIL THE WORKSHOP MEETING, MAY 4, 1983. ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE, AMENDING SEC. 23-16 (5) (a) THE CODE OF ORDINANCES RELATING TO MINIMUM STANDARDS FOR CONSTRUCTION OF RESIDENTIAL DRIVEWAYS: AMENDING SEC. 7-78 RELATING TO DRAINS UNDER DRIVEWAYS: STATING A SEVERABILITY CLAUSE: PROVIDING AN EFFECTIVE DATE. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE AMENDING SEC. 23-16 (5) (a) THE CODE OF ORDINANCES RELATING TO MINIMUM STANDARDS FOR CONSTRUCTION OF RESIDENTIAL DRIVEWAYS; AMENDING SEC. 7-78 RELATING TO DRAINS UNDER DRIVEWAYS; STATING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. ROLL CALL VOTE: A YES; COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER VICE MAYOR FITZMAURICE NAYS: NONE MOTION CARRIED. VICE MAYOR FITZMAURICE STATED THAT A PUBLIC HEARING WOULD BE HELD PRIOR TO REGULARLY SCHEDULED WORKSHOP MEETING, MAY 4, 1983. ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE CREATING A NEW SEC. 26-24 BY CREATING A LOADING ZONE AND A NO PARKING ZONE ON A PART OF CENTRAL AVENUE; RENUMBERING PRESENT SEC. 26-24 TO BE SEC. 26-25; ADOPTING SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. REGULAR COUNCIL MEETING APRIL 20, 1983 MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE CREATING A NEW SEC. 26-24 BY CREATING A LOADING ZONE AND NO PARKING ZONE ON A PART OF CENTRAL AVENUE; RENUMBERING PRESENT SEC. 26-24 TO BE SEC. 26-25; ADOPTING SEVERABILITY CLAUSE: PROVIDING AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER VICE MAYOR FITZMAURICE NAYS: NONE MOTION CARRIED. VICE MAYOR FITZMAURICE STATED THAT A PUBLIC HEARING WOULD BE HELD PRIOR TO THE REGULARLY SCHEDULED WORKSHOP MEETING, MAY 4, 1983. ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO RURAL SANITATION SERVICE, INC., TO OPERATE AND MAINTAIN A TRASH AND GARBAGE PICK-UP-SERVICE IN THE CITY; REGULATING ITS OPERATION; SETTING RATES; PROVIDING SERVICE STANDARDS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, THAT ON PAGE #2, SECTION 3, FIRST PARAGRAPH OF THE DRAFT, READING "ALL PERSONS LIVING IN THE CITY OF SEBASTIAN SHALL BE CUSTOMERS OF THE FRANCHISE AS IF SAID SERVICE WAS BEING PER- FORMED DIRECTLY BY THE CITY, AND THE CITY SHALL ENACT SUCH ORDINANCES TO ENFORCE THIS FRANCHISE" BE STRICKEN FROM THE ORDINANCE. MOTION D ED, LACK OF SECOND SECTION 16 , FIRST SENTENCE. MOTION BY COUNCILMAN GALLAGHER, SECgND~D BY COUNCILWOMAN MCKINLEY, TO ACCEPT THE FIRST READING BY TITLE ONLY OF ~I~RDI~ANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO RURAL SANITATION SERVICE, INC. , T-O OPERATE AND MAINTAIN A TRASH AND GARBAGE PICK- UP-SERVICE IN THE CITY; REGULATING ITS OPERATION; SETTING RATES; PROVIDING SERVICE ST~DS; .P~IN~ SE~I~C~US~PR~NG AN EFFECTIVE DATE AS AMENDED~ NAYS: NONE MOTION CARRIED. VICE MAYOR FITZMAURICE STATED THAT A PUBLIC HEARING WOULD BE HELD PRIOR TO THE REGULARLY SCHEDULED COUNCIL MEETING, MAY 18, 1983. DUE TO THE ABSENCE OF THE MAYOR AND HAVING NO IDEA OF WHAT HE INTENDED, REGARDING THE ASSIGNMENT OF STANDING COMMITTEE APPOINTMENT, VICE MAYOR FITZMAURICE RECOMMENDED THIS MATTER BE TABLED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO TABLE THE CONSIDERATION OF THE STANDING COMMITTEES UNTIL THE NEXT MEETING. MOTION CARRIED. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, TO TABLE THE PAINTING OF THE AIRPORT RUNWAY. MOTION CARRIED. DURING A DISCUSSION REGARDING THE RELOCATING OF THE SEBASTIAN VOLUNTEER AMBULANCE SQUAD AND BUILDING TO THE PROPERTY EAST OF THE CITY HALL COMPLEX, COUNCILMAN GALLAGHER FELT FURTHER DOCUMENTATION WAS NEEDED FOR REVIEW. MAYOR FLOOD CALLED IN BY TELEPHONE TO EXPLAIN THAT THE AMBULANCE SQUAD IS PURSUING THE POSSIBILITY OF RELOCATING WITH THE COOPERATION OF THE INDIAN RIVER COUNTY AMBULANCE SQUAD AND AT THE PRESENT TIME THEY NEED TO BE ASSURED BY THE CITY COUNCIL WHETHER OR NOT THEY ARE RECEPTIVE TO THIS MOVE OR NOT. MOTION BY COUNCILMAN GALLAGHER, THAT WE DIRECT THE CITY ATTORNEY TO COMPILE DOCUMENTATION IN CONJUNCTION WITH THE MAYOR AND CITY ENGINEER IN ORDER TO PRESENT FACTS AND FIGURES. MOTION WITHDRAWN BY COUNCILMAN GALLAGHER. REGULAR COUNCIL MEETING APRIL 20, 1983 MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, THAT THE COUNCIL DECLARE A POSITIVE RECEPTIVENESS TO THE MOVING OF THE AMBULANCE SQUAD AND BUILDING TO THE PROPERTY ADJACENT TO THE CITY HALL COMPLEX. MOTION CARRIED. ATTORNEY KILBRIDE STATED THAT A LETTER IS NEEDED FROM THE AMBULANCE SQUAD, ADDRESSED TO THE MAYOR AND CITY COUNCIL, OUTLINNING SUFFICIENT DETAILS AS FAR AS THE SPECIFIC LOCATION OF THE PROPERTY FOR SITE DESIGN AND LEASING ARRANGEMENTS. VICE MAYOR FITZMAURICE READ A LETTER FROM MR. GEORGE SCHUM, REGARDING THE REIMBURSEMENT OF TRAVEL EXPENSES FOR VOLUNTEER COMMITTEE MEMBERS. MOTION BY COUNCILMAN GALLAGHER, THAT WE TABLE THIS MATTER AND PUT MR. SCHUM'S REQUEST ON THE MAY 11, 1983 AGENDA. MOTION DIED, LACK OF SECOND COUNCILWOMAN MCKINLEY WAS OF THE OPINION THAT VOLUNTEER MEMBERS NOT BE REMUNERATED AND THAT MR. SHCUM'S REQUEST BE DENIED. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, THAT THE REQUEST FOR REMUNERATIONS OF ANY EXPENSES FOR VOLUNTEERS BE DENIED. MR. FRANK OBERBECK, CITY RESIDENT, FORMER COUNCILMAN, POINTED OUT THAT THIS MOTION WILL ELIMINATE ALL OUT OF TOWN REIMBURSEMENT FOR ALL AND SUGGESTED THAT THE MOTION ROLL CALL VOTE: AYES: COUVCIL~O~AN MCKINLEY ~S : COUVCIL~ GALLAGHERH -- -- MOTION NOT CARRIED. MOTION BY COUNCILMAN GALLAGHER,/~ON~--~BY COUNCILWOMAN MCKINLEY, THAT MR. REQUEST BE POSTPONED UNTIL THE ~F,~WT~ R~AR COUNCIL MEETING, MAY 11, 1983.  MOTION CARRIED. MOTION BY COUNCIr, MAN ALLA HER,kr Wr CITY COUNCIL IMM IATELr UNDERT K REESTABLISHMENT OF THE POWERS AND DUTIES OF THE CONSTRUCTION BOARD AND BUILDING DISCUSSION~POSS~B~T~N ~ ~TABZ~, R~A~IN~A EW OF OF THE CONSTRUCTION BOARD AND BUILDING OFFICIAL. THAT WE BRING THE ORDINANCES SCHUM'S MOTION CARRIED. hUE TO PROBLEMS ENCOUNTERED WITHIN THE BUILDING DEPARTMENT OVER THE PAST FEW MONTHS, COUNCILMAN GALLAGHER RECOMMENDED THAT THE COUNCIL REVIEW ALL ORDINANCES THAT ARE RELATED TO THE CONSTRUCTION BOARD, BUILDING INDUSTRY AND BUILDING DEPARTMENT OF THE CITY OF SEBASTIAN, IN HOPES TO ELIMINATE THE ATMOSPHERE FOR ERROR. HE STATED THAT HE DID NOT HAVE ANY SPECIFIC TIME LIMIT IN MIND FOR COMPLETION AND DID NOT INTEND FOR IT TO INTERFERE OR POSTPONE THE APPOINTMENT OF A BUILDING OFFICIAL. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, THAT THE CITY COUNCIL IMMEDIATELY UNDERTAKE A REVIEW OF THOSE ORDINANCES AND REGULATIONS FOR THE PURPOSE OF CLARIFICATION AND REESTABLISHMENT OF THE POWERS AND DUTIES OF THE CON- STRUCTION BOARD AND BUILDING OFFICIAL OF THE CITY OF SEBASTIAN. ROLL CALL VOTE: AYES: COUNCILMAN GALLAGHER VICE MAYOR FITZMAURICE NAYS: COUNCILWOMAN MCKINLEY MOTION FAILED, A UNANIMOUS VOTE IS NEEDED. VICE MAYOR FITZMAURICE STATED THAT THIS MATTER WOULD BE AN AGENDA ITEM FOR THE NEXT REGULAR COUNCIL MEETING, MAY 11, 1983. MOTION BY COUNCILMAN GALLAGHER, TO BRING TO THE TABLE A DISCUSSION AND POSSIBLE ACTION OF PROVIDING THE PRESS WITH THE SAME INFORMATION AS COUNCIL MEMBERS HAVE IN THEIR PACKAGE. MOTION DIED, LACK OF SECOND REGULAR COUNCIL MEETING APRIL 20, 1983 AS PER COUNCILMAN GALLAGHER'S REQUEST, VICE MAYOR FITZMAURICE INDICATED THAT THIS MATTER WOULD BE AN AGENDA ITEM FOR THE NEXT REGULAR COUNCIL MEETING, MAY 11, 1983. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO APPROVE THE FOLLOWING ALCOHOLIC BEVERAGE REQUESTS: THE SANCHEZ FAMILY, ON MAY 7, 1983 AND MR KEN DOUGLAS, ON MAY 8, 1983. MOTION CARRIED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO ALLOW MR. ARTHUR MAYER TO PRESENT HIMSELF AND WHAT EVER TOPIC HE WANTS TO ADDRESS TO THE CITY COUNCIL AND THAT THE CITY COUNCIL WILL ENTERTAIN DISCUSSION AND POSSIBLE ACTION. MOTION CARRIED. MR. ARTHUR MAYER, FORMER BUILDING OFFICIAL, REQUESTED THAT HE BE PAID ALL OF HIS SICK TIME ACCRUED DURING THE TIME OF HIS EMPLOYMENT WITH THE CITY OF SEBASTIAN, SINCE THE COUNCIL ACCEPTED HIS RESIGNATION WITH THE STIPULATION THAT HE BE PAID ALL BENEFITS ACCRUED. AFTER REVIEWING THE CITY'S STANDARD OPERATING PROCEDURES ADOPTED IN 1979, ATTORNEY KILBRIDE INDICATED THAT IT SPECIFICALLY STATES THAT SICK LEAVE ACCUMULATED WILL NOT BE USED AS VACATION, OR FOR ANY PURPOSE EXCEPT ILLNESS AND THE CITY WILL NOT PAY ANY INDIVIDUAL FOR ANY UNUSED SICK LEAVE. SICK LEAVE IS A PRIVILEGE NOT A RIGHT. MOTION BY COUNCILMAN GALL~, ?S~~ ~UNCILWOMAN MCKINLEY, TO DENY THE REQUEST OF MR. ARTHUR MAYER'. MAYOR FLOOD CAME IN DURING THE D_?~'CJSS~N , AND STATED THAT HE EXPLAINED THIS POLICY TO MR. MAYER AND THAT SICK TIME,AS NEVER BEEN PAID IN THE PAST. THERE BEING NO FURTHER BUSINES~E~TI~G ADJOURNED: 8:52 P.M. CITY CLERK MAYOB MINUTES APPROVED BY CITY COUNCIL ON MAY ll, 1983.