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HomeMy WebLinkAbout05111983REGULAR COUNCIL MEETING MAY ll, 1983 THE REGULAR MEETING OF THE CITY OF SEBASTIAN CITY COUNCIL WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:16 P.M. PRESENT: COUNCILMAN RICHARD SZELUGA, COUNCILWOMAN DOROTHY MCKINLEY, COUNCILMAN JAMES GALLAGHER, MAYOR PAT FLOOD, JR., CITY ATTORNEY DANIEL KILBRIDE. ABSENT: VICE MAYOR ROBERT FITZMAURICE. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, THAT THE MINUTES OF BID OPENING, PUBLIC HEARINGS AND SPECIAL COUNCIL MEETING 4/6/83, REGULAR COUNCIL MEETING 4/13/83 AND REGULAR COUNCIL MEETING 4/20/83 BE ADOPTED AS PRESENTED. COUNCILMAN GALLAGHER REMARKED THAT THE COMMENT ON MINUTES DATED APRIL 20, 1983, PAGE 4, AFTER THE ROLL CALL VOTE OF THE FIRST MOTION SHOULD BE REMOVED SINCE HIS VOTE WAS NOT BASED ON FRANK OBERBECK'S SUGGESTION. HE ALSO REQUESTED THE WORD "COMPARED" ON PAGE #3, 13TH SENTENCE BE CORRECTED TO READ "COMPILED". MOTION AMENDED BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER TO ACCEPT THE MINUTES WITH THE CORRECTIONS. mOTION CARRIED. DEPARTMENTAL REPORTS: REGARDING THE STREET NAME C~_~G~S AND MAK~ ~E NECESSARY SIGN CHANGES. HE ALSO REPORTED THAT HE WILL BE ~ETTING W IT~ A REpReSENTATIVE REGARDING THE COST FACTO RS OF TOWN DURING THE SUMMER MONT~ ~ OR~ TO BE PUT ON THE HOUSE WATCH PROGRAM. PUBLIC REQUESTS: AFTER A VERY LENGTHY DISCUSSIO~AR~NG GEORGE SCHUM'S REQUEST FOR COMMITTEE TRAVEL REIMBURSEMENT, IT WAS THE ~PINION OF THE COUNCIL THAT COMMITTEE MEMBERS BE FORE ALLOW THE FINANCE DIRECTOR TO WRITE THE NECESSARY CHECKS FOR EXPENDITURES INCURRED AT THE SECOND MEETING OF THE MONTH. ROLL CALL VOTE: AYES: COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. ORDINANCES: ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE AMENDING SEC. 4-1 OF THE CODE OF ORDINANCES BY PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES WITHIN 450 FEET OF A CHURCH OR SCHOOL; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE AMENDING 4-1 OF THE CODE OF ORDINANCES. ATTORNEY KILBRIDE STATED THAT HE ADDED TO SUB SECTION (d) AFTER THE WORD "CITY" THE LANGUAGE "FROM ITS PRESENT LOCATION". HE EXPLAINED THIS WOULD ALLOW PRESENT BUSINESSES ONLY TO BE WITHIN 450 FEET OF A CHURCH OR SCHOOL BUT WOULD NOT ALLOW THAT OWNER TO MOVE HIS BUSINESS TO ANOTHER LOCATION WITHIN THE SAME DISTANCE. MOTION AMENDED BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE AMENDING SECTION 4-1 OF THE CODE OF ORDINANCES AND TO ADD THE NEW PAGE #2, SUB PARAGRAPH (d), "FROM ITS PRESENT LOCATION" ROLL CALL VOTE: AYES: COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. REGULAR COUNCIL MEEETING MAY ll, 1983 ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY AN ORDINANCE AMENDING SEC. 4-1 OF THE CODE OF ORDINANCES BY PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES WITHIN 450 FEET OF A CHURCH OR SCHOOL; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, TO ADOPT THE THIRD AND FINAL READING BY TITLE ONLY OF AN ORDINANCE AMENDING SEC. 4-1 OF THE CODE OF ORDINANCES AS AMENDED. ROLL CALL VOTE: A YES: COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE CREATING A NEW SECTION 26-24 BY CREATING A LOADING ZONE AND NO PARKING ZONE ON A PART OF CENTRAL AVENUE RENUMBERING PRESENT SECTION 26-24 TO BE SECTION 26-25; ADOPTING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN SZELUGA, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE CREATING A NEW SECTION 26-24 OF THE CODE OF ORDINANCES. ROLL CALL VOTE: AYES: COUNCILMAN SZELUGA MAYgR ~O~D ~YSl NON~ U MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY AN ORDINANCE CREATING A NEW SECTION 26-24 BY,~AT~A LOADING ZONE AND NO PARKING ZONE ON A PART OF CENTRAL AVENUE RENUMBE~I~ ~RE~T SECTION 26-24 TO BE SECTION 26-25; ADOPTING A SEVERABILITY CLAUSE AIlD PRO~DING AN EFFECTIVE DATE. ORDINANCES. ROLL _ _ OTION CARRIED. ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE AMENDING SECTION 23-16, SUB PARAGRAPH 5-A, A CODE OF ORDINANCES RELATING TO MINIMUM STANDARDS FOR CONSTRUCTION OF RESIDENTIAL DRIVEWAYS; AMENDING SECTION 7-78 RELATING TO DRAINS UNDER DRIVEWAYS; SETTING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE AMENDING SECTION 23-16 OF THE CODE OF ORDINANCES AS AMENDED. A BRIEF DISCUSSION FOLLOWED REGARDING THE FIRST SENTENCE OF THE ORDINANCE, WHICH OUTLINES THE DIFFERENT TYPE OF MATERIAL ALLOWED TO BE USED FOR DRIVEWAYS. COUNCILMAN SZELUGA INDICATED THAT HIS CONCERN WAS FOR THE PROTECTION OF THE CULVERT PIPE AND FELT THAT CONCRETE OR SOME OTHER STANDARD MATERIAL BE USED BETWEEN THE STREET PAVEMENT AND RIGHT OF WAY. EARL MASTELLER, CITY ENGINEER, RECOMMENDED THAT COUNCILMAN SZELUGA'S SUGGESTION BE ADDRESSED IN A SEPARATE ORDINANCE. ROLL CALL VOTE: A YES: COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. COUNCILMAN SZELUGA STATED THAT HE VOTED IN FAVOR OF THIS MOTION, PENDING A LATER REVISION OF THE FIRST SENTENCE OF THIS ORDINANCE. REGULAR COUNCIL MEETING MAY 11, 1983 ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY AN ORDINANCE AMENDING SECTION 23-16 SUB PARAGRAPH 5-A CODE OF ORDINANCES RELATING TO MINIMUM STANDARDS FOR CONSTRUCTION OF RESIDENTIAL DRIVEWAYS AMENDING SECTION 7-78 RELATING TO DRAINS UNDER DRIVEWAYS; SETTING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN SZELUGA, TO ADOPT THE THIRD AND FINAL READING BY TITLE ONLY OF AN ORDINANCE AMENDING SECTION 23-16 OF THE CODE OF ORDINANCES. ROLL CALL VOTE: A YES: COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. MAYOR'S MATTERS: MAYOR FLOOD REPORTED THAT THE BID FOR THE NEW COUNCIL TABLE WAS AWARDED TO THE LOWEST BIDDER AND THAT IT SHOULD BE INSTALLED BY JUNE 1, 1983. MAYOR FLOOD MENTIONED THE SHOOTING INCIDENT WHICH OCCURRED AT THE CITY GARAGE APPROXIMATELY ONE YEAR AGO AND STATED THERE WAS NO COVER UP CONCERNING THIS MATTER. THE POLICE DEPARTMENT WAS JUST NOTIFIED RECENTLY AND AFTER A THOROUGH INVESTIGATION THE CITY EMPLOYEE INVOLVED RESIGNED. MAYOR FLOOD REPORTED THAT OO . O0 DONA TO AS BEEN RECEIVED, BE USED FOR CRUSH STONE TO BE PUT UNDER THE LfP OF TH~ C~MENT SLAB LOCATED AT THE SEBASTIAN YACHT CLUB DOCK RAMP. ATTORNEY'S MATTERS: ATTORNEY KILBRIDE REPORTED THAT~E,~PR~ED AND PROVIDED EACH COUNCIL MEMBER WITH A COPY OF THE CHANGE IN THE UTllLi'gY~ OR~i-~ANCE ALONG WITH AN APPLICATION FORM AND THE REQUIREMENT FOR A NEW SUBDlV£SION~PROVIDED WITH FIRE HYDRANTS. IN A LETTER RECEIVED FROM THE City )F ~INTER PARK, ATTORNEY KILBRIDE MENTIONED THEIR SUPPORT DEALING WITH FED~L~LEG~SLATION TO AMEND 42 USC 1983 WHICH IS THE CIVIL RIGHTS ACT. HE EXPLAINED THAT THIS AMENDMENT WOULD BE OF GREAT ASSISTANCE TO THE CITIES AND THAT HE DRAFTED A RESOLUTION IN JANUARY, 1983 WHICH WAS ADOPTED MOTION BY C'~4]4~CI£MA~ GAL~AGH-~R,~-~EC'~N4~ED B-~ CO~CI--t~WOM-~N-~CY~-~NLEY, THAT THE COUNCIL DIRECT THE MAYOR TO SEND A TELEGRAM TO OUR DELEGATION IN WASHINGTON, REAFFIRMING OUR SUPPORT FOR THE RESOLUTION THAT WAS PREVIOUSLY PASSED BY THE PAST COUNCIL. MOTION CARRIED. AFTER ATTENDING SEVERAL MEETINGS IN TALLAHASSEE, FLORIDA, HOUSE OF REPRESENTATIVES, ATTORNEY KILBRIDE RECOMMENDED THAT WE TAKE A MORE ACTIVE ROLE IN KEEPING TRACT OF WHERE LEGISLATION IS GOING THIS SESSION, DUE TO THE FACT THERE ARE SEVERAL UNFAVORABLE BILLS THAT WOULD IMPACT LOCAL GOVERNMENT. HE EXPLAINED THAT THERE ARE MANY IDEAS TRYING TO BE IMPLEMENTED BUT THAT THERE SEEMS TO BE MANY SOLUTIONS THAT MAY BE DETREMENTAL TO LOCAL GOVERNMENT. ATTORNEY KILBRIDE REPORTED THAT HE HAS PREPARED A RESOLUTION REGARDING THE DEEP WELL INJECTION SYSTEM. MAYOR FLOOD STATED THAT THIS RESOLUTION WOULD BE AN AGENDA ITEM FOR THE NEXT REGULAR COUNCIL MEETING, MAY 18, 1983. NEW BUSINESS: A DISCUSSION FOLLOWED REGARDING THE RELOCATING OF THE SEBASTIAN VOLUNTEER AMBULANCE ~QUAD AND THE SKETCH DRAWING RECEIVED. MAYOR FLOOD RECOMMENDED THAT WE GO AHEAD AND RESITUATE THE BUILDING IN ORDER TO PROVIDE ADEQUATE PARKING FACILITIES FOR THE LITTLE LEAGUE FIELD AND TO APPROVE THE DESIGNATED AREA. HE ALSO RECOMMENDED THAT A LEASE AGREEMENT BE DRAWN UP AFTER THE BUILDING IS SITUATED ON THE PROPERTY IN ORDER TO OUTLINE A CERTAIN PARCEL OFLAND AND THE NUMBER OF FEET INVOLVED. MOTION :BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, THAT WE GRANT THE REQUEST BY THE SEBASTIAN VOLUNTEER AMBULANCE SQUAD TO RELOCATE THEIR FACILITIES TO PROPERTY EAST OF CITY HALL, AS INDICATED IN THE ACCOMPANYING DESIGN. REGULAR COUNCIL MEETING MAY ll, 1983 ROLL CALL VOTE: AYES: COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. MAYOR FLOOD REPORTED THAT HE AUTHORIZED THE SEBASTIAN AMBULANCE SQUAD TO USE THE VACANT ROOMS IN THE ANNEX CITY BUILDING ON AN INTERIM BASIS FOR THEIR TRAINING SESSIONS AND ASKED FOR THE SUPPORT OF THE COUNCIL. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, THAT THE SEBASTIAN AMBULANCE SQUAD BE PERMITTED TO USE THE CLASSROOM IN THE ANNEX BUILDING NEXT TO CITY HALL AS LONG AS THEY DEEM NECESSARY. MOTION CARRIED. THE CITY CLERK READ A LETTER OF RESIGNATION FROM ED PALUCH, RESIGNING FROM THE SEBASTIAN CONSTRUCTION BOARD. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, THAT WE ACCEPT THE RESIGNATION FROM ED PALUCH FROM THE SEBASTIAN CONSTRUCTION BOARD. MOTION CARRIED. MAYOR FLOOD RECOMMENDED Tt~AT~OUNCILMAN SZ~UGA REPLACE HIM ON THE CIVIL DEFENSE MOTION BY COUNCILWOMAN MCKINLEY, ~EiON~J~D BY COUNCILMAN GALLAGHER, THAT THE RESOLUTION BE ADOPTED WITH THE AMFNDMEI~T OF ELIMINATING PAT FLOOD FROM THE CIVIL DEFENSE COMMITTEE. MOTION AMENDED BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, TO INCLUDE TH~B~WO~DE~ME~N~ ~ "~ET D~.RTMENT" ROLL ~VO~ ~ ~: ~,NCI1,M~N SZEL~ , ~ ~ ~ ~OR ~OD-- ~ ~ NAYS: NONE MOTION CARRIED. ATTORNEY KILBRIDE READ IN ITS ENTIRETY A RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO SUBMITT TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM APPLICATION TO THE STATE DEPARTMENT OF NATURAL RESOURCES FOR PARK DEVELOPMENT AT THE SEBASTIAN RIVERVIEW PARK, PROPERTY LOCATED IN THE S.E. 1/4 SEC. 6, TOWNSHIP 31 S. , RANGE 39 E. INCLUDING BLOCK 7, LOTS I THROUGH 25, OF THE EDGEWATER PARK SUBDIVISION, AND BLOCK 13 AND LOTS 1 THROUGH 5, PLUS AN ON- DESIGNATED PARCEL N. OF LOT N AND S. OF THE SEBASTIAN YACHT CLUB, EDGEWATER PARK SUBDIVISION, SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, IN THE AMOUNT OF $ ; PROVIDING AN EFFECTIVE DATE. REGARDING THE APPLICATION FOR THE FLORIDA RECREATIONAL DEVELOPMENT ASSISTANCE PROGRAM TO THE STATE DEPARTMENT OF NATURAL RESOURCES FOR THE PARK DEVELOPMENT AT THE SEBASTIAN RIVERVIEW PARK, MAYOR FLOOD RECOMMENDED THAT WE APPROVE THE RESOLUTION IN ORDER TO GET THE APPLICATION PROCESS STARTED. SINCE THE PROPERTY APPRAISAL HAS NOT BEEN COMPLETED, ATTORNEY KILBRIDE SUGGESTED THAT THE RESOLUTION BE ADOPTED AND TO AUTHORIZE THE AMOUNT WE ARE APPLYING FOR NOT TO BE EXCESS OF DOUBLE THE FAIR MARKET APPRAISED VALUE EQUAL TO THAT PROPERTY. MOTION BY COUNCILMAN GALLAGHER , SECONDED BY COUNCILWOMAN MCKINLEY, TO ADOPT THE RESOLUTION AS READ, AUTHORIZING AN AMOUNT EQUAL TO THE FAIR MARKET APPRAISED VALUE. ROLL CALL VOTE: AYES; COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. REGULAR COUNCIL MEETING MAY ll, 1983 MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, THAT WE ENGAGE IN SERVICES OF THE ARMFIELD HOUCK APPRAISAL AND RESEARCH, INC., TO APPRAISE THE SEBASTIAN RIVERVIEW PARK PROPERTY FOR THE FIXED FEE NOT EXCEED $2,500.00. ROLL CALL VOTE: A YES: COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. THE CITY CLERK READ A LETTER FROM THE SEBASTIAN SINGERS REQUESTING THE FREE USE OF THE SEBASTIAN COMMUNITY CENTER EVERY TUESDAY AFTERNOON BEGINNING SEPTEMBER 13, 1983 THROUGH DECEMBER 20, 1983. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, TO ALLOW THE SEBASTIAN SINGERS TO USE THE SEBASTIAN COMMUNITY CENTER FREE OF CHARGE EVERY TUESDAY AFTERNOON BEGINNING SEPTEMBER 13, 1983 THROUGH DECEMBER 20, 1983. MOTION CARRIED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO ALLOW MR. STRNAD TO SERVE ALCOHOLIC BEVERAGES AT A WEDDING RECEPTION TO BE HELD AT THE SEBASTIAN YACHT CLUB ON MAY 15, 1983. MOTION BY FLOOR FOR PARKS AND COUNCILMANGALL , SEC~ UNCILWOMAN DISCUSSION AND BO~SIB£E ACTION T~E/APPOINTMENT RECREATION COMM ~j.~TT~ __ -- MOTION CARRIED. MCKINLEY, TO BRING TO THE OF A MEMBER TO THE COUNTY MOTION CARRIED. MOTION BY COUNCILMAN GALLAGHER,~ON~BY COUNCILWOMAN MCKINLEY, THAT WE APPOINT MAYOR FLOOD INSTRUCTED THE CITY CLERK TO NOTIFY MR. SCHUM THAT HE HAS BEEN APPOINTED AS A CITY REPRESENTATIVE FOR ANOTHER YEAR OF THE NORTH COUNTY PARKS AND RECREATION THEREBEING~U.~~_~_.. R ADJ DURNED 3 . CITY CLERK MAYOR MINUTES APPROVED BY CITY COUNCIL ON JUNE 8, 1983. BID OPENING MAY ll, 1983 BID OPENING CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M. PRESENT: COUNCILMAN RICHARD SZELUGA, COUNCILWOMAN DOROTHY MCKINLEY, COUNCILMAN JAMES GALLAGHER, CITY ATTORNEY DANIEL KILBRIDE, MAYOR PAT FLOOD, JR. ABSENT: VICE MAYOR ROBERT FITZMAURICE BID OPENING/INSECTICIDE & FERTILIZER/FOR MUNICIPAL GOLF COURSE THE CITY CLERK READ THE NOTICE OF BID AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, MAY 2 AND 8, 1983 FOR INSECTICIDE OFFTANOL 5% GRANULAR INSECTICIDE 5,000 POUNDS DELIVERED: CITY ATTORNEY KILBRIDE OPENED AND READ THE INSECTICIDE BIDS RECEIVED: ACE PEST CONTROL WOODBURY CHEMICAL $1.56 PER LB. SUPERIOR FERTILIZER & CHEM. $1.51 PER LB. LAKESHORE $1.40 PER LB. SOUTHERN MILL CREEK $1.39 PER LB. TOTAL BID PRICE: ATTORNEY KILBRIDE OPENED AND READ THE FERTILIZER BIDS RECEIVED: SUPERIOR $210.64 PER TON + .25¢ PER TON DEL. $7,792.50 $7,800.00 $7,550.00 $7,000.00 $6.950.00 LAKESHORE ~64~-80~~0 WOODBURY CHEMICAL 45.00 LB BAGS WOODBURY CHEMICAL $236.00 PER TO~ ~ULK o .oo IBUL MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN SZELUGA, THAT WE SEND THE $4,212.80 +5.00 DEL. $5,296.00 $4,960.00 $4,720.00 $4,100.00 $4,420.00 BIDS TO THE AWARDS COMMITTEE. BID OPENING CLOSED: 7:16 P.M MOTION CARRIED. CITY CLERK~ MINUTES APPROVED BY CITY COUNCIL ON JUNE 8, 1983.