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HomeMy WebLinkAbout09211983MINUTES OF REGULAR COUNCIL MEETING CITY OF SEBASTIAN SEPTEMBER 21, 1983 REGULAR COUNCIL MEETING, OF THE CITY OF SEBASTIAN, CITY COUNCIL WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:28 P.M. PRESENT: VICE MAYOR ROBERT FITZMAURICE COUNCILMAN RICHARD SZELUGA COUNCILWOMAN DOROTHY MCKINLEY COUNCILMAN JAMES GALLAGHER CITY ATTORNEY DANIEL KILBRIDE MAYOR PAT FLOOD, JR. MINUTES: REGULAR COUNCIL MEETING SEPTEMBER 21, 1983 PLAQUES AND COMMENTS OF GRATITUDE WERE PRESENTED TO FORMER VICE MAYOR EVERETT T. GASS, FORMER COUNCILMEN FRANK OBERBECK, RICHARD VOTAPKA, AND GEORGE SCHUM FOR THEIR DEDICATION AND TIME SERVED ON THE CITY COUNCIL. OLD BUSINESS: ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE ANNEXING A PARCEL OF LAND SITUATED IN THE NW QUARTER OF SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, KNOWN AS "FISCHER'S CORNER", LYING WEST OF U.S. HIGHWAY #1, EAST OF THE FLORIDA EAST COAST RAILWAY,~TH.__OF~.~D~I~7HIGHWAY AND NORTH OF SEBASTIAN HIGHLANDS' UNIT 7' f ~ ~-- -'~ ~V/ MOTION BY VICE MAYOR FITZMAU~ICE, SECONDED ~Y/ COUNCILMAN SZELUGA, TO ACCEPT THE SECOND READING BY TITLE ONI. Y ~-~ ~N OR~INANCU IANNEXING A PARCEL OF LAND SITUATED ROLL CALL VOTE: AYES: ~ M~-FD~ FITZMAURICE COCNiIL~AN SZELUGA COUNCIL~MAN MCKINLEY COUNCIL~-~N GALLAGHER NAYS: NONE MOTION CARRIED. SOUTH, RANG~3~ EAST~ KNO~ A~/~SC~'S CO.gNER", ~N~ WE~ OF U.S. HIGHWAY ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE 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 SEC. 7-36 THRU 7-47 OF THE CODE OF ORDINANCES ADOPTING A SUBSTANTIAL NUMBER OF MODIFI- CATIONS TO THE NATIONAL ELECTRICAL CODE; SETTING FORTH POWERS AND DUTIES OF THE BUILDING OFFICIAL: SETTING STANDARDS FOR RESIDENTIAL AND COMMERCIAL ELECTRICAL INSTALLATION: PROVIDING A SEVERALBILITY CLAUSE: ESTABLISHING AN EFFECTIVE DATE. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILWOMAN MCKINLEY, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE CREATING SEC. 7-36 THRU 7-47 OF THE CODE OF ORDINANCES ADOPTING A SUBSTANTIAL NUMBER OF MODIFICATIONS TO THE NATIONAL ELECTRICAL CODE, AS AMENDED. ROLL CALL VOT: A YES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. MINUTES: REGULAR COUNCIL MEETING SEPTEMBER 21, 1983 ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY, AN ORDINANCE CREATING SEC. 7-36 THRU 7-47 OF THE CODE OF ORDINANCE ADOPTING A SUBSTANTIAL NUMBER OF MODIFICATIONS TO THE NATIONAL ELECTRICAL CODE; SETTING FORTH POWERS AND DUTIES OF THE BUILDING OFFICIAL; SETTING STANDARDS FOR RESIDENTIAL AND COMMERCIAL ELECTRICAL INSTALLATION; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILWOMAN MCKINLEY, TO ADOPT THE THIRD AND FINAL READING BY TITLE ONLY OF AN ORDINANCE CREATING SEC. 7-36 THRU 7-47 OF THE CODE OF ORDINANCES ADOPTING A SUBSTANTIAL NUMBER OF MODIFICATIONS TO THE NATIONAL ELECTRICAL CODE. ROLL CALL VOTE: AYES VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. MAYORS MATTERS: IN ANSWER TO SEVERAL EDITORIAL LETTERS APPEARING IN THE SEBASTIAN SUN NEWSPAPER, MAYOR FLOOD MADE THE FOLLOWING COMMENTS: A COMMITTEE OF TAX PAYERS AGREED TO THE ISSUE OF MANDATORY GARBAGE PICK UP TO BE PUT TO REFERENDUM VOTE IN M~. -- THE PURPOSE OF THE $1.00 SURiHARE-E SET AT ~E/SEBASTIAN MUNICIPAL GOLF COURSE IS THE CITY IS NOT TURNING DO~E .$,18 ,0-O-9.00~FFERED BY THE COUNTY FOR THE SEBASTIAN YACHT CLUB DOCK REPAIR, ONLY THAT THE CITY WOULD BE RESPONSIBLE FOR THE INITIAL $1,600.00 FOR THE ENGINEERING PL~TO~DRAWN UP. HE ALSO COMMENTED THAT HE HOPED IN THE FUTURE CITY RESIDEN(T~UL~ ~ET THEIR FACTS CORRECT BEFORE PRESENTING THESE EDITORIALS. MAYOR FLOOD BROUGHT UP THE ISSU~ CONCER~ING THE PUD ORDINANCE IN ORDER TO CLEAR UP MR. HYATT WOULD GENERATE APPROXIMATELY $7.8 MILLION AND THAT THE COUNCIL HAS BEEN MONEY. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY VICE MAYOR FITZMAURICE, TO BRING TO THE FLOOR DISCUSSION AS NEW BUSINESS, THE RECONSIDERATION OF THE PUD ORDINANCE. VICE MAYOR FITZMAURICE, STATED THAT HE VOTED IN FAVOR OF THIS ORDINANCE ORIGINALLY SINCE HE FELT IT IS AN ISSUE OF BRINGING A LAW ON THE BOOKS. MOTION NOT CARRIED. COUNCILMAN SZELUGA VOTED NAY. IT WAS THE GENERAL CONCENSUS TO REVIEW THIS FURTHER AND TO BE BROUGHT UP AT A WORKSHOP MEETING FOR FURTHER DISCUSSION. NEW BUSINESS: A BRIEF DISCUSSION FOLLOWED CONCERNING THE PRELIMINARY PLAT FOR SAN SEBASTIAN SPRINGS. ATTORNEY KILBRIDE INDICATED THAT EVERYTHING WAS IN ORDER AND EARL MASTELLER RECOMMENDED THAT IT BE APPROVED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILMAN SZELUGA, TO ACCEPT THE PRELIMINARY PLAT PLAN FOR SAN SEBASTIAN SPRINGS. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. MINUTES: REGULAR COUNCIL MEETING SEPTEMBER 21, 1983 ATTORNEY KILBRIDE READ IN ITS ENTIRETY A RESOLUTION SUPPORTING THE SEBASTIAN RIVER AREA CHAMBER OF COMMERCE IN ITS EFFORTS TO ATTRACT COMMERCIAL AND INDUSTRIAL DEVELOPMENT WITHIN THE CITY OF SEBASTIAN. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN SZELUGA, TO ADOPT THE RESOLUTION SUPPORTING THE SEBASTIAN RIVER AREA CHAMBER OF COMMERCE IN ITS EFFORTS TO ATTRACT COMMERCIAL AND INDUSTRIAL DEVELOPMENT WITHIN THE CITY OF SEBASTIAN. ROLL CALL VOTE: A YES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. AFTER REVIEWING APPROXIMATELY 35 LOCATIONS CONCERNING OCCUPATIONAL LICENSE RENEWALS, MAYOR FLOOD STATED THAT THE POLICE DEPARTMENT HAS BEEN ADVISED OF THOSE APPEARING TO BE IN VIOLATION. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN GALLAGHER, TO SEND TWO MEMBERS OF THE COUNCIL TO THE NATIONAL LEAGUE OF CITIES COMMISSION DURING THE MONTH OF NOVEMBER. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILWOMAN MCKINLEY ArOR Loo v/ SINCE IT TAKES A UNANIMOUS VOTE O~ THE COUNCIL TOAPPROVE ANY COUNCIL TRAVEL EXPENXES, MArOR ~LOOD WAS O~ Z~ O~Z~ZO~ Z~Z~CS~ SZ~C~ ~vs~rrsz~S ~s~ zs ~~o OTHER COUNCIL MEMBERS. ~ MOTION BY COUNCILMAN GALLAGHER, SZ(,OVEE~BY~ COUNCILWOMAN MCKINLEY, TO AUTHORIZE THE CITY ATTORNEY TO PETITION THE C~ J.U~GE VOCELLE, TO RECONSIDER HIS DETERMINATION THAT THE ENTIRE, UNANIMOUS VOTE O~ THE COUNCIL IS REQUIRED TO HAVE EXPENSES REIMBURSED FOR TRAVEL, ALSO INSTRUCT THE ATTORNEY TO ASK THE COURT TO READDRESS THAT DECISIONTHANAUNA~~AN~ C~B~IT~7~E.O~/A~~DE~ON~H'OU~AK~AMAJORITY VOTE RATHER ~ECZSZON. ~ ~ ~ ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: COUNCILMAN SZELUGA MOTION CARRIED. ATTORNEY KILBRIDE STATED THAT HE WOULD MAKE EVERY EFFORT TO EXPEDITE THIS MATTER BUT COULD NOT STATE WHETHER THIS MATTER WOULD QUALIFY FOR EXPEDITION SINCE THIS IS AN EXTRAORDINARY CIRCUMSTANCE. SINCE COUNCIL MEMBERS WILL BE ATTENDING THE FLORIDA LEAGUE OF CITIES, MAYOR FLOOD RECOMMENDED THAT THE REGULARLY SCHEDULED COUNCIL MEETING SET FOR WEDNESDAY, OCTOBER 12, 1983 BE RESCHEDULED TO MONDAY, OCTOBER 10, 1983. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN GALLAGHER, THAT THE FIRST MEETING OF THE SEBASTIAN CITY COUNCIL IN OCTOBER, 1983, BE CHANGED FROM WEDNESDAY OCTOBER 12, 1983 TO MONDAY OCTOBER 10, 1983 AT 7:00 P.M. MOTION AMENDED BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN GALLAGHER, THAT IT BE THE FIRST REGULAR MEETING. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY CONCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. MINUTES: REGULAR COUNCIL MEETING SEPTEMBER 21, 1983 THE CITY CLERK READ A LETTER FROM CLAY PRICE, RESIGNING FROM THE GOLF COURSE BOARD OF DIRECTORS. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY VICE MAYOR FITZMAURICE, TO ACCEPT MR. CLAY PRICE'S LETTER OF RESIGNATION, RESIGNING FROM THE GOLF COURSE BOARD OF DIRECTORS. MOTION CARRIED. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN GALLAGHER, THAT THE TRAVEL EXPENSES FOR MR. GEORGE SCHUM BE PAID. MOTION CARRIED. MOTION BY VICE MAYOR FITZMAURICE , SECONDED BY COUNCILMAN GALLAGHER , TO BRING TO THE FLOOR THE REQUEST BY THE SEBASTIAN SINGERS, FOR THE FREE USE OF THE SEBASTIAN COMMUNITY CENTER. MOTION CARRIED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO ALLOW THE SEBASTIAN SINGERS THE FREE USE OF THE SEBASTIAN COMMUNITY CENTER FOR PRACTICES. MOTION CARRIED. IN RESPONSE TO COUNCILMAN GALLAGHER'S QUESTION, CONCERNING DONATIONS ALREADY RECEIVED FOR THE BARBAR STREET FIRE S/~STJ~TI~_~A~ ~LOOD INDICATED THAT CONSTRUCTION SHOULD BEGIN BY THE FIRST CfF~E YEA~P_ ~ ~ MAYOR FLOOD STATED THAT ISSUE HAD BEEN DISCUSSED AND ACTED ON IN ACCORDANCE WITH THE BOND INDENTURE AGREEMENT. ~ '~~ THERE BEING NO FURTHER BUSINESS, MEE.IN DJOURNED: 9:40 P.M. CITY CLERK M~YOR MINUTES APPROVED AT REGULAR COUNCIL MEETING ON NOVEMBER 16, 1983. MINUTES OF PUBLIC HEARING CITY OF SEBASTIAN SEPTEMBER 21, 1983 PUBLIC HEARING OF THE CITY OF SEBASTIAN, CITY COUNCIL WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR. PRESENT: VICE MAYOR FITZMAURICE COUNCILMAN RICHARD SZELUGA COUNCILWOMAN DOROTHY MCKINLEY COUNCILMAN JAMES GALLAGHER CITY ATTORNEY DANIEL KILBRIDE MAYOR PAT FLOOD, JR. THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, AUGUST 11, 28 AND SEPTEMBER 4 AND 11, 1983, TO CONSIDER AN ORDINANCE ANNEXING A PARCEL OF LAND SITUATED IN THE NW QUARTER OF SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, KNOWN AS "FISCHER'S CORNER", LYING WEST OF U.S. HIGHWAY #1, EAST OF THE FLORIDA EAST COAST RAILWAY, SOUTH OF OLD DIXIE HIGHWAY AND NORTH OF SEBASTIAN HIGHLANDS, UNIT 7. ATTORNEY KILBRIDE READ IN ITS ENTIRETY AN ORDINANCE ANNEXING A PARCEL OF LAND SITUATED IN THE NW QUARTER OF SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, KNOWN AS "FISCHER'S CORNER", LYING WEST OF U.S. HIGHWAY #1, EAST OF THE FLORIDA EAST COAST RAILWAY, SOUTH OF OLD DIXIE HIGHWAY AND NORTH OF SEBASTIAN HIGHLANDS, UNIT 7. IT IS DR. FISHER'S INTENTION ~ KEEP ?HrS ~I~E OF PROPERTY FOR COMMERCIAL BUSINESS. THERE BEING NO FURTHER COM~E~, PUBL~-C HEA~I~G CLOSED: 7:05 P.M. CITY CLERK ~ MAYOR MINUTES APPROVED AT REGULAR COUNCIL MEETING ON NOVEMBER 16, 1983. MINUTES OF PUBLIC HEARING CITY OF SEBASTIAN SEPTEMBER 21, 1983 PUBLIC HEARING OF THE CITY OF SEBASTIAN, CITY COUNCIL WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR. PRESENT: VICE MAYOR FITZMAURICE COUNCILMAN RICHARD SZELUGA COUNCILWOMAN DOROTHY MCKINLEY COUNCILMAN JAMES GALLAGHER CITY ATTORNEY DANIEL KILBRIDE MAYOR PAT FLOOD, JR. THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, SEPTEMBER 14 AND 18 TO CONSIDER AN ORDINANCE CREATING SEC. 7-36 THRU 7-47 OF THE CODE OF ORDINANCES ADOPTING A SUBSTANTIAL NUMBER OF MODIFICATIONS TO THE NATIONAL ELECTRICAL CODE; SETTING FORTH POWERS AND DUTIES OF THE BUILDING OFFICIAL; SETTING STANDARDS FOR RESIDENTIAL AND COMMERCIAL ELECTRICAL INSTALLATION; PROVIDING A SEVERABILITY CLAUSE; ESTABLISHING AN EFFECTIVE DATE. A BRIEF DISCUSSION FOLLOWED REGARDING DIFFERENT AMPS REQUIRED FOR MAJOR HOUSEHOLD APPLIANCES. THERE BEING NO FURTHER DISCUSSION, PUBLIC HEARING CLOSED: 7:25 P.M. CITY CLERK mayOR MINUTES APPROVED AT REGULAR COUNCIL MEETING ON NOVEMBER 16, 1983.