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Home My WebLink About07101985Jim Gallagher Mayor City ((Seb tia z POST OFFICE BOX 127 [] SEBASTIAN, FLORIDA 32958-0127 TELEPHONE (305) 589-5330 PUBLIC HEARING AND REGULAR COUNCIL MEETING JULY 10, 1985 - 7:00 P.M. AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG ANNOUNCEMENTS/PROCLAMATIONS PUBLIC HEARING - AN ORDINANCE AMENDING SECTION 12.5-4/GOLF COURSE ADVISORY BOARD QUORUM OLD BUSINESS: ORDINANCE - AMENDING SECTION 12.5-4/GOLF COURSE ADVISORY BOARD QUORUM MAYOR'S MATTERS: CITY COUNCIL MATTERS: CITY ATTORNEY'S MATTERS: NEW BUSINESS: RESOLUTION - ABANDONING A PORTION OF SEBASTIAN GARDENS SUB- DIVISION ($killman) CONCURRENCE WITH DIVISION OF PRECINCTS WITHIN CITY LIMITS REQUEST FROM COUNCILMAN VALLONE/CLIVUS MULTRUM REQUEST FROM COUNCILMAN VALLONE/MANUFACTURED BUILDINGS REQUEST FOR USE OF RECREATIONAL FACILITIES ADJOURN Deborah C. Krages City Clerk NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS I$ MADE, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED. MINUTES REGULAR COUNCIL JULY 10, 1985 MOTION BY COUNCILMAN VALLONE, SECONDED BY VICE MAYOR HARRIS TO GO ALONG WITH THE SUGGESTION OF THE SUPERVISOR OF ELECTIONS TO CREATE TWO NEW VOTING PRECINCTS, NOS. 14 AND 15. CARRIED. MOTION BY COUNCILMAN VALLONE SECONDED BY VICE MAYOR HARRIS TO REMO~EiTH~CLiVUS MULTRUM AS SOON AS POSSIBLE. FUNDS REQUIRED TO DO WILL BE TAKEN FROM GENERAL REVENUE AND MONEY WILL BE REPLACED BY SALE OF CLIYUS MULTRUM AND SALE OF FILL DIRT. THERE FOLLOWED A LENGTHY DISCUSSION DURING THE COURSE OF WHICH ARGUMENTS WERE PUT FORTH, PRO AND CON, FOR THE IMMEDIATE REMOVAL OF THE CLIVUS MULTRUM. THE CITY CLERK READ A LETTER DATED JULY 8 SIGNED BY A MAJORITY OF THE MEMBERS OF THE PARKS AND RECREATION COMMITTEE WHEREIN THEY ENDORSED THE CLIVUS MULTRUM TO STAY ON SITE UNTIL SUCH TIME AS AN ALTERNATIVE CAN BE PROVIDED. COUNCILMAN VALLONE STATED HE WOULD TURN THIS LETTER OVER TO THE CITY ATTORNEY TO RESEARCH TO SEE IF THE SUNSHINE LAW HAD BEEN VIOLATED SINCE A SPECIAL MEETING OF THE PARKS AND RECREATION COMMITTEE WAS HELD ON JULY 8 FOR BUDGET DISCUSSION ONLY. MOTION WAS VOTED ON AND DEFEATED. COUNCILMAN VALLONE WAS ONLY AFFIRMATIVE VOTE. MOTION BY COUNCILMAN VALLONE, SECONDED BY VICE MAYOR HARRIS, TO ACQUIRE AN ENGINEER TO DRAW UP NECESSARY SPECIFICATIONS TO CREATE A CONVENTIONAL RESTROOM FACILITY AT RIVERVIEW PARK. DURING THE COURSE OF DISCUSSION COUNCILMAN VALLONE PRESENTED A PROPOSAL FROM MCCULLERS AND HOWARD IN THE AMOUNT OF $3,841.60 TO PUT IN A 1/2" WELL WITH TANKS, PUMPS, ETC. MAYORcARE oFGALLAGHERTHE PROBLEM.ASKED MR. FRANCO TOfFee< _'N-O~TO~ETIF THiS PROPOSAL WOULD TAKE MOTION WAS VOTED ON AND DEFEATED. ¥1~Dr-~Tt~O TIE. ~FFIR~A~'IVE VOTES BY VICE MAYOR HARRIS AND COUNCILMAN VALLONE: NEGATIVE VO[EI~B~ COUNCI_MqN SZ~L~GA AND MAYOR GALLAGHER. DURING DISCUSSION COUNCILMAN SZELUGA EXPLAIIIED T~A1L.GENERAL DEVELOPMENT CORPORATION IS THE ONLY FACTION IN THE CITY THAT HAS THE AUThOrITY TO Jt~MOVE THE STRUCTURE AND THEY CANNOT ACT UNTIL THEY GET MORE INFORMATION. ATT~R~IFY GCR~ ADVISED THAT THE DEPARTMENT OF COMMUNITY AFFAIRS CONSIDERS THAT THIS IS NOT A MOBIL~'FO~E .A~D STATE LAW PRE-EMPTS LOCAL LAW. HE ADDED THERE IS AN ORDINANCE PENDING WHICH WILL BE'~STRICTER THAN THE STATE STATUTES AND WILL THUS TAKE PRECEDENCE. TO TAKE ANY ACTION NOW WOULD EXPOSE THE CITY TO THE POSSIBILITY OF A LAW SUIT BY THE OWNE~YO~LA'G'I:~'~ "MANUFACTURED BU~L~" R~TIqER T~ MOTIONSTATINGT~,xx~WA~DTO~( ROLL CALLVOTE:~:.~C~ ~S: VICE MAYO) COUNCIL~N SZELUGA ~YOR GALLAGHER ASt<~ED-~COUt~N~E'r3 Al~tq~ HIS"-~(~'~_ON TO STATE "M~B~L~ H~M~,"~CO'D~Cf[-MAq ~AL~O~E~ RE--US~D TO AMEND THE CEIT~IS~ITH -HE STAT~. I I~ ~ 1 MOTION DEFEATED. MOTION BY COUNCILMAN SZELUGA, SECONDED BY VICE MAYOR HARRIS, TO GO FOR AN APPRAISAL OF MR. STEPHENSON'S PROPERTY DIRECTLY NORTH OF THE YACHT CLUB FOR POSSIBLE PURCHASE BY THE CITY. CARRIED. (COUNCILMAN VALLONE VOTED NAY) MOTION BY COUNCILMAN $ZELUGA, SECONDED BY VICE MAYOR HARRIS, THAT THE MAYOR'S OFFICE LOOK INTO THE POSSIBLE ACQUISITION OF THAT PROPERTY LOCATED ON U.S. #1 AND C.R. 512, CURRENTLY OWNED BY DR, FISCHER AND OTHERS, AND AUTHORIZE THE MAYOR TO GO FOR AN APPRAISAL FOR DISCUSSION AND CONSIDERATION BY THE CITY COUNCIL. MOTION CARRIED. (COUNCILMAN VALLONE VOTED NAY) MEETING ADJOURNED AT 8:33 P.M. CITY CLERK MAYOR THESE MINUTES WERE APPROVED BY COUNCIL AT WORKSHOP ON AUGUST 7, 1985. MINUTES OF REGULAR MEETING CITY OF SEBASTIAN JULY 10, 1985 MEETING WAS CALLED TO ORDER BY MAYOR JIM GALLAGHER AT 7:00 P.M. PRESENT: MAYOR JIM GALLAGHER VICE MAYOR GENE HARRIS COUNCILMAN RICHARD SZELUGA COUNCILMAN PETER VALLONE ACTING CITY ATTORNEY GREGORY GORE ABSENT: COUNCILMAN KENNETH ROTH (VACATION) CITY ATTORNEY THOMAS PALMER (VACATION) MAYOR GALLAGHER READ A PROCLAMATION EXPRESSING GRATITUDE TO THE FOLLOWING MEMBERS OF THE FOURTH OF JULY COMMITTEE: JERRI NAPPI, CHAIRMAN: HOWARD CARSWELL, ASSISTANT CHAIRMAN: JEANNIE GUNTHER, TREASURER: MARGE BROCK, SECRETARY: CAROL CARSWELL, PARK DIRECTOR, BUDDY AP, AND, FIREWORKS DIRECTOR: DONNA KEYS, PUBLICITY DIRECTOR; JESSE BROCK, MELBA GREEN, LINDA KEENAN, M1LLIE RUDDOCK, AL RUDDOCK, MAUREEN GALLAGHER, LINDA BOLUK, BILL BOLUK, BARBARA MATHENY, MARY DICHAINE. THOSE MEMBERS PRESENT WERE GIVEN COPIES OF THE PROCLAMATION. PUBLIC HEARING: PUBLIC HEARING WAS OPENED AT 7:09 P.M. ON AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA AMENDING PARAGRAPH (a) OF SECTION i~'$'~.O~H~ O~F'~OjITI/INANCES OF THE CITY, AND THEREBY PROVIDING THAT THE WAITING TIME TO ~ISH A QJO~UM S~A~L BE FIFTEEN U ; A? EFFECTIVE DATE. THERE BEING NO ~C~I~--~T FROM FH~ PUB~I~, PUBLIC HEARING WAS CLOSED AT 7,10 P.M.. , J !.. , J! OLD BUSINESS: ATTORNEY GORE READ FOR THE FINAL TIME BY -~'O~LY-~ ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA AMENDING PARAGRAPH (a) OF SECTION 12-5.40FL~ITHE CODE OF ORDINANCES OF THE CITY, AND THEREBY CHANGING A QUORUM OF THE GOLF COLRSE ADjLISORY BOARD FROM FOUR MEMBERS TO THREE MEMBERS AND PROVIDING THAT THE WAITING TImE 10 ESTABLISH A QUORUM SHALL BE FIFTEEN MINUTES: PROVIDING AN EFFECTIVE DATE, k~ .] MOTION BY COUNCILMAN SZELUGA, SECONDED BY' VICE MAYOR HARRIS TO ADOPT AN ORDINANCE OF THE C}TY' OF SEBASTIAN,~"T't'QRI'~A'~-JqM~ PA/TA13~AP~r~-'~O~SE~O~-12-EJ~-4'~OF ~'~F~-ODE OF ORDINANCES OF THE CITY, AND(T~I~J~JBY C~G ]NJ~JA)QU~R~M\OF(T~-~IOL'F'-CO-O-RS~ ADVlS~R~ B~R~ ~ROM FOUR MEMBERS TO THREE'N,EI~JLERS, ~JD ~RI~IcOIN~ ~H~T I'K~"~AITI~G TIM~ -0 ~Jl~A~LISHj~ ~UORUM SHALL BE FIFTEEN MINUTE[~P~V[~G AN~FIECf~ ~A~.~ ) J ~-~ / ~ ATTORNEY GORE SUGI)F,.S.T,~D TJ4A-TJII~--T-NL~L~ 9['~JTETq~?,E'~F TI'E'-AMEI+B'--D~F~ARAEn~AIH'H'F++E WORD "MAY" SHOULD BE CHANGED TO "SHALL", AFTER A BRIEF DISCUSSION IT WAS AGREED TO DELETE THE ENTIRE LAST SENTENCE. MOTION BY 'VICE MAYOR HARRIS, SECONDED BY COUNCILMAN VALLONE TO AMEND THE ORIGINAL MOTION TO ADOPT THE ORDINANCE AS AMENDED, STRIKING THE LAST PARAGRAPH. CARRIED. THE MAIN MOTION NOW ON THE FLOOR IS TO ADOPT THE AMENDING ORDINANCE, AS AMENDED, STRIKING THE LAST SENTENCE FROM THE LANGUAGE IN SECTION 12-5.4 PARAGRAPH (a) -" IF A QUORUM IS NOT PRESENT WITHIN THE FIFTEEN (15) MINUTES WAITING PERIOD, THE MEETING MAY BE ADJOURNED FOR LACK OF A QUORUM." ROLL CALL VOTE: AYES: VICE MAYOR HARRIS COUNCILMAN SZELUGA COUNCILMAN VALLONE MAYOR GALLAGHER NAYS: NONE CARRIED. MAYORS MATTERS: MAYOR GALLAGHER STATED THAT IN THE PROCESS OF PREPARING 1985-86 BUDGET, IN ORDER TO INCORPORATE THE PREVIOUSLY STATED DESIRES OF THE COUNCIL WITH REFERENCE TO THE BUILDING DEPARTMENT AND THE CREATING OF AN ENGINEERING DEPARTMENT. IT IS NECESSARY TO RAISE THE BUILDING PERMIT FEES WHICH WERE ADOPTED IN 1976. AN ORDINANCE WILL BE PRESENTED AT THE NEXT MEETING RECOMMENDING A 300% INCREASE. IT'S EITHER THAT OR RAISE TAXES. MOTION BY COUNCILMAN VALLONE, SECONDED BY COUNCILMAN SZELUGA, TO PLACE ON THE AGENDA FOR DISCUSSION POSSIBLE PURCHASE OF A 40~ WIDE PIECE O~ PROPERTY DIRECTLY NORTH OF THE YACHT CLUB OWNED BY' PAUL STEPHENSON, CARRIED. MOTION BY VICE MAYOR HARRIS, SECONDED BY COUNCILMAN VALLONE, TO PLACE ON THE AGENDA FOR DISCUSSION POSSIBLE PURCHASE OF PROPERTY DIRECTLY NORTH OF RIVERVIEW PARK. CARRIED. NEW BUSINESS: MOTION BY COUNCILMAN SZELUGA, SECONDED BY COUNCILMAN VALLONE TO POSTPONE DISCUSSION ON ABANDONING OF A PORTION OF SEBASTIAN GARDENS SUBDIVISION UNTIL THE MEETING OF JULY 17. CARRIED,