HomeMy WebLinkAbout10081985CITY COUNCIL MEETING
OCTOBER 9, 1985 - 7:00 P.M.
MINUTES
MEETING WAS OPENED BY MAYOR JTM mATJAC~HER AT 7:00 P.M.
PRESENT: VICE MAYOR GENE HARRIS, COUNCIl/WAN RICHARD SZELUGA, COUNCII/qAN KENNETH RUTH,
COUNCILMAN PETER VALLONE, MAYOR JIM GALLAGHER, CITY ATTORNEY THOMAS PAIMER.
MAYOR GALLAGHER PRESENTED CERTIFICATES OF APPRECIATION TO THE FOLLOWING MI~IBERS OF THE
P!ANNING AND ZONING COMMISSION FOR THEIR GOOD EFFORTS IN HELPING TO COMPLETE THE I~ND
DEVELOPMENT CODE; HAROLD EISENBARTH, ROVERT FUI~ERTON, EDRA YOUNG, JEWELL ~tOMPSON, WILLIAM
MAHONEY, STANLEY ~UL!KOWSH!. CERTIFICATES WERE ALSO PREPARED FOR JAMES WADSWORTH, ROBERT
MCCARTHY, RANDY MOSBY, JAMES PARMETERANDWILLIAMMESSERSMITH..
PUBLIC HEARINGS:
PUBLIC HEARING WAS OPENED AT 7:07 P.M. ON ORDINANCE ESTABLISHING REGULATIONS AND REQUIREMENTS
FOR INSTALLATION OF OUTDOOR ANTENNAS. AFTER THE FIRST READING OF THIS ORDINANCE IT WAS REFERRED
TO THE PLANNING AND ZONING COI~ISSION FOR THEM TO CONSIDER REVISING THE ORDINANCE TO INCLUDE
SOME SORT OF RELIEF FOR THOSE INDIVIDUALS WHO COUIJ) NOT PUT AN ANTENNA IN THEIR FRONT YARD.
THE PI~qNING & ZONING DID NOT APPROVE THE REVISION. IN RESPONSE TO A QUESTION FROM WILLIAM MARKHAM,
ATTORNEY PALMER WAS OF THE OPINION THAT ANANTENNA COULD BE PLACED IN HIS SIDE YARD BECAUSE
OF THE WAY HIS PROPERTY IS SITUATED. THERE BEING NO FURTHER COMMENTS FROM THE PUBLIC, PUBLIC
HEARING WAS CI_DSEDAT 7:11P.M.
PUBLIC HEARING WAS OPENED AT 7:12~2~,M. Di~ 6 RF..qOI.U~.~O~L~STABLISHING RATES AND CHARGES FOR DUES
AND FEES AT SEBASTIAN MUNICIPAL ~]COURSR_ AhlDY~R~RTS WAS OPPOSED TO ANY RAISES, STATING
THAT THE GOLF COURSE IS PRICING In~S~F OCT OF BUSIb~E~S/ CHARLES SCHURER COMMENTED THAT THE
SENIOR CITIZENS SHOUIJ)BE TAKEN BF. TTER CARE OF. TH~R~ BE!NG NO FURTHER COI~tF-~YFS EROM THE PUBLIC,
OlD BUSINESS:
ATTORNEY PALMF_/~ ~ FOR RItE SECONU TIJYlE'-B"~ T~ON]-~Y, AN ORDINANCE OF 2I-IE CITY OF SEBASTIAN,
FbORIDA, RESTRICTING THE LOCATION AND 'I~gTA~LAT~JN OF CERTAIN OUTDOOR ANTENNAS; PROVIDING A
SHORT TITLE: AUTHORITY FOR ENACTMENT; ~L~ISZATI~ INTENT; DEFINITIONS; PERMIT REQUIREMENTS;
RESTRICTIONS; PROVIDING AN EFFECTIVE DA._ E. F~ '
MOTION BY VICE MAYOR HARRIS, SECONDED ~C~UN~.~Vh~N ROTH, TO ADOPT THE ORDINANCE AS READ.
IN RESPONSE .~TO.~.7,.~A~=U~,gT-I~ ~ ER~N,.COUNQIJMNMN S.~UCA._AT~RNFff P;CJ~R AD~ THAT THE ORDINANCE
% ,=D o p]ON =l NO=.
MOTION BY ?~r~A~= S~ ~UCA,.~T TH~[O~II~ BE REVIffD IN~ 9I~D~R TO[EL2MINATE THOSE ANTENNAS
MAYOR GA LAGHER STATED THAT MOTION WAS NOT IN ORDER. THE MOTION WOOED UAVE TO BE sF2rr rO
COMMITTEE OR POSTmNE.
MOTION BY COUNCIIJWAN SZELUGA, SECONDED BY VICE MAYOR HARRIS, THAT THE ORDINANCE BE SENT BACK TO
THE PLANNING & ZONING COMMISSION AND THE ATTORNEY IN ORDER TO PROVIDE A PARAGRAPH IN THE ORDIN-
ANCE FOR THE REMOVAL OF ANY ANTENNAS T~[A.T ARE PRESENTLY LOCATED IN THE FRONT YARDS PROVIDED THAT
THERE IS ANOTHER ANTENNA WHICH IS OPERATIONAL ELSEWHERE ON THE PROPERTY IN ACCORDANCE WITH THIS
ORDINANCE.
ROLL CALL VOTE:
AYES:
NAYS:
VICE MAYORHARRIS
COUNCIl/WAN SZELUGA
COUNCII/WANROTH
COUNCII2qAN VALLONE
MAYOR GALLAGHER
MOTION CARRIED.
ATTORNEY PALMER~ BY TITLE ONLY, A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ESTABLISHING
NEW RATES AND GtARGES AT THE CITY'S MUNICIPAL GOLF COURSE FOR THE FISCAL YEAR 1985-1986; PRO-
VIDING FOR THE MANDATORY USE OF ELECTRIC GOLF CARTS AT SPECIFIED TIMES; PROVIDING FOR PRO-RATA
REFUNDS OF MIIv[BERSHIP FEES FOR MEDICAL REASONS; PROVIDING FOR A REDUCTION IN FEES AS OF MAY 1,
1986; PROVIDING AN EFFECTIVE DATE.
MOTION BY COUNCIIMAN SZELUGA, SECO1UDED BY VICE MAYOR HARRIS, TO ADOPT THE RESOLUTION ESTABLISHING
RATES AND CHARGES AT THE GOLF COURSE AS READ.
DURING DISCUSSION IT WAS AGREED TO CHANGE THE DATE IN SECTION II! FROM "APRIL" TO "SEPTEMBER" AND
TO DELETE THE ENTIRE SECOND PARAGRAPH OF SECTION III.
MOTION BY VICE MAYOR HARRIS, SECONDED BY COUNCIIMAN ROTH, TO ADOPT THE RESOLUTION ESTABLISHING
RATES AND CHARGES AT THE GOLF COURSE AS AMENDED.
MOTION CARRIED.
REGU~R CITY COUNCIL MEETING
OCTOBER 9, 1985 PAGE 2
MOTION BY COUNCIIMAN SZELUGA,
IN SECTION IV.
SECONDED BY VICE MAYOR HARRIS, TO CHANGE "1:30 P.M." TO "2:30 P.M."
MOTION CARRIED.
MOTION BY COUNCIIMAN SZELUGA, SECONDED BY VICE MAYOR HARRIS, THAT THE SECOND SENTENCE OF PARA-
GRAPH IV BE DELETED IN ITS ENTIRETY. MOTION NOT CARRIED.
MOTION BY VICE MAYOR HARRIS, SECONDED BY COUNCIIMAN ROTH, TO ADOPT THE RESOLUTION ESTABLISHING
RATES AND CHARGES AT THE GOLF COURSE A~ AMENDED.
ROLL CALL VOTE:
AYES:
NAYS:
VICE MAYOR HARRIS
COUNCII~AN SZELUGA
COUNCILMAN ROTH
MAYOR GALLAGHER
COUNCII~ VALLONE
MOTION CARRIED.
LEROY PARKHURST, PRESIDENT, SEBASTIAN VOLUNTEER FIRE DEPARTMENT, REQUESTED THAT DISCUSSION OF
FUNDING FOR THE BARBER STREET FIRE SUB STATION BE POSTPONED DUE TO THE FACT THAT A CONTRACTOR
WHO HAD VOLUNTEERED HIS SERVICES HAS WITHDRAWN HIS OFFER. MR. PARKHURST ADDED THAT THE EST-
IMATED COST OF THE BUILDING WAS $67,000. THE FIRE DEPARTMFJNT HAS $62,000. AVAILABLE. HE ALSO
ADDED THAT THE CONTRACTOR HAD SAID THE BUILDING COULD NOT BE BUILT FOR THAT AMOUNT OF MONEY.
DISCUSSION WAS POSTPONED UNTIL THE NEXT MEETING.
ATTORNEY GRFJSORY GORE, REPRESENTING RICHARD FEY, PRESE]FTED AGREEMENTS FOR SALE OR LEASE OF THE
NORTH 35' OFLOT 2, BLOCK 3, HARDEE'S SUBDIVISION, IND!AN RIVER DRIVE, TO PROVIDE 3 PARKING
SPACES FOR PATRONS OF THE BAIT ~CK~ ~~ PROPOSES TO OPEN.
MOTION BY VICE MAYOR HARRIS, SECONDED BY COUI~C!IJ~AN~S~gLUGA, THAT WE EXECUTE THE LEASE ACREEMENT.
MOTION BY COUNCILMAN VALLONE, St~C~D BY COI~CIIMAI~/|gOTH, TO POSTPONE AND CIVE ATTORNEY CORE AN
OPPORTUNITY TO CO BACK TO HIS CL~,~Ai~-~JO~TH ~ CITY ATTORNEY TO DRAW UP A MORE EQUITABLE
LEASE ARRA~NT. ALL MEMBERS VOTED "NAY" WITH. THE EXCEPTION OF COUNCILMAN VALLONE.
MOTION DEFEATED.
BE SI,000. FOR THE FIRST 5 YEARS, $2,000. ,
MAYOR GALI_~GHER SUCGESTED THAT YEgRLY P~qTAL S
FOR THE 6TH. THROUGH THE 10TH YEAR ~ TI=E 1 [T-I ~]ROUGH THE 15TH YEAR glqD $3,000. FOR THE 16TH
THROUGH THE 20TH YEAR.
MOTION BY VICE MAYOR HARRIS, SECONDED ROTH, TO EXECUTE THE LEASE AS g/~IENDED. ALL
ME~ERS VOTED "AYE" WITH EXCEPTION OF COUNCILMAN VALLONE.
MOTION BY VI I F.OTH. TO 6 OF AGREEMENT FOR
MOTION BY VICTOR 72~gS~--$~0~ ~ C(YelI~o~I~OTH,--:TOt-~IEI~-ITI~lalOr./ION TO MODIFY PARAGRAPH
7 RATHER THAN PARAGRAPH 6. ALL Mi~IBERS VOTED "AYE" ~ITH THE F~CEPTION OF COUNCIIiXC2q VALLONE.
MOTION CARRIED.
MOTION BY VICE MAYOR HARRIS, SECONDED BY COII~ SZELUGA, TO AMEND AND MODIFY AND EXECUTE THE
LEASE AGREEMENT.
ROLL CALL VOTE:
AYES:
NAYS:
VICE MAYOR HARRIS
COUNCI ~[AN SZELUGA
COUNCIIMAN ROTH
MAYOR GALLAGHER
COUNCILMAN VALLONE
MOTION CARRIED.
MOTION BY VICE MAYOR HARRIS, SECONDFJ) BY COUNCIIftAN SZELUGA, TO APPROVE MAYOR GALLAGHER'S PORTION
OF TRAVEL EXPENSES TO ORLANDO IN CONNECTION WITH SIGNING PAPERS FOR THE GOLF COURSE BOND.
MOTION CARRIED.
COUNCILMAN VALLONE ADVISED THAT YACHT CLUB DOCK LIGHTS HAVE FINALLY BEEN RECEIVED MAINLY THROUGH
THE EFFORTS OF GEORGE SCHUM WHO PROCURED FUNDS FROM THE COUNTY. COUNCIIMAN VALLONE CO~MENDED
MR. SCHUM FOR HIS FINE WORK.
MOTION BY VICE MAYOR HARRIS, SECONDED BY COUNC!IMAN ROTH, TO PLACE ON THE AGENDA FOR DISCUSSION
AND POSSIBLE ACTION A LETTER RECEIVED FROM BURT SNELL.
MOTION CARRIED.
MOTION BY COUNCIIMAN ROTH, SECONDED BY VICE MAYOR HARRIS, TO POSTPONE UNTIL NEXT WEEK THE JONES
INTERCABLE ORDINANCE. MAYOR GALLAGHER VOTED "NAY".
MOTION CARRIED.
IT WAS AGREED TO POSTPONE DISCUSSION ON RATE INCREASE REQUEST FROM RURAL SANITATION SERVICES UNTIL
THE WORKSHOP MEETING AND ALSO TO DISCUSS SIMILAR REQUEST FROM HARRIS SANITATION AT THE: SAME TIME.
REGULAR CITY COUNCIL MEETING OCTOBER 9, 1985 PAGE 3
ATTORNEY PAIMER READ BY TITLE ONLY, A RESOLUTION AMENDING RESOLUTION NO. R-83-36 OF THE CITY
OF SEBASTIAN, FLORIDA, BY ESTABLISHING NEW FEE SCHEDULE AND COLLECTION REQUIRMVIENTS OF FEES
FOR SOFTBALL LEAGUE PLAY AT THE BARBER STREET BALLFIELD; PROVIDING AN EFFECTIVE DATE.
MOTION BY COUNCI!MAN VALLONE, SECONDED BY VICE MAYOR HARRIS, TO ADOPT AS READ A RESOLUTION
AMENDING RESOLUTION NO. R-83-36 OF THE CITY OF SEBASTIAN, FLORIDA, BY ESTABLISHING NEW FEE
SCttEDULE AND COLLECTION REQUIREMENTS OF FEES FOR SOFTBALL LEAGUE PLAY AT THE BARBER STREET
BALLFIELD; PROVIDING AN EFFECTIVE DATE.
ROLL CALL VOTE:
AYES:
NAYS:
VICE MAYORHARRIS
COUNCIIMAN SZELUGA
COUNCII2tA2q ROTH
COUNCI~24diN VALLONE
MAYOR GALLAGHER
NONE
MOTION CARRIED.
MOTION BY VICE MAYOR HARRIS, SECONDED BY COUNCIIMAN ROTH, TO EXECUTE THE CONTRACT WITH THE
OFFICIAL'S ASSOCIATION RE: BARBER STREET BALLFIELD CONCESSION.
MOTION AMENDED BY VICE MAYOR HARRIS, SECONDED BY COUNCI~JZlAN ROTH, TO CHANGE "RECREATION DEPARTMENT"
TO "CITY OF SEBASTIAN" AND EXECUTE CONTRACT.
MOTION CARRIED.
DISCONTINUING EASEMENT BETWEEN THE SOUTHWEST SIDE AND THE NORTHEAST SIDE OF LOT 17, THE SOUTH-
WEST SIDE AND THE NORTHEAST SIDE OF_ LOT_18, AND THE_SQILTHWEST SIDE AND THE NORTHEAST SIDE OF
LOT 19, BLOCK 187, UNIT 8, SEBJd~A~ HI(%H~IDS~A~NG TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK t 6-10, PUBLIC RECORDS O~NEIAN RIVER CO~T~, FLORIDA.
MOTION BY VICE MAYORHARRIS, SECOr~ MY COUI~CiIMANIS~ELUGA, TO ADOPTAS READ ARESOLUTION VAC-
ATIb~, ABOLISHING, ABANDONING A~I~CCNIlNU!NG EASeMeNT BETWEEN THE SOUTHWEST SIDE AND THE NORTH-
EAST SIDE OF lOT 17, THE SOUTHWEST-SIDE~ ~ NORTHEAST SIDE OF LOT 18, AND THE SOUTHWEST SIDE
AbD THE NOR%ttF~5T SIDE OF LOT 19, BLOCK 187, UNIT 8, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT
BOOK 1 6-10, PUBLIC RECORDS OF ~NDIAN~C~, FLORIDA.
ROLL CALL VOTE:
AYES: VICE MAYORHARRIS
COUNCII2t4N SZELUG~ ~ ~
COUNCIIMANROTH ~
COUNCIIMAN VALLONE
GHER --
I
MOTION CARRIED.
MOTION BY COUNCIIMAN ROTH, SECONDED BY COUNCIIMAN VALLONE, TO APPOINT CATHERINE MITTEN AS A MEMBER
OF THE }LANDICAPPED SELF-EVALUATION COMMITTEE.
MOTION CARRIED.
MOTION BY VICE MAYOR HARRIS, SECONDED BY COUNCIIMAN ROTH, TO APPROVE USE OF THE CITY'S BLEACHERS BY
MID FLORIDA SCHUTZHUND CLUB AT THE AIRPORT ON NOVEMBER 21, 22, 23, 24.
MOTION CARRIED.
MOTION BY COUNCIhMAN ROTH, SECONDED BY COUNCILMAN SZELUGA, TO APPROVE THE SERVING OF ALCOHOLIC
BE\~JRAGES BY LINDA SHAPIRO AT ANANNIVERSARY PARTY TO BE HELD AT THE COMMUNITY CENTER ON JANUARY 3.
MOTION CARRIED.
MOTION BY VICE MAYOR HARRIS, SECONDED BY COUNCILMAN VALLONE, TO APPROVE THE SERVING OF ALCOHOLIC
BEVERAGES BY THE INDIAN ASSOCIATION AT THE COMMUNITY CENTER ON NOVEMBER 21 AND DECMMBER 25.
MOTION CARRIED.
~{ERE FOLLOWED A DISCUSSION ONA LETTFR. FROM BURT SNELL WHO WISHES TO BUILD A WAREHOUSE ON MAIN
STREET. THIS AREA IS ZONED COMMERCIAL GENERAL ANDWAREHOUSES ARE NOT ALLOWED. POSSIBILITY OF
RE-ZONING WAS DISCUSSED AND MR. SNELL WAS ALSO ADVISED TO CONSIDER APPLYING TO THE VARIANCE BOARD
TO REDUCE THE brOMB~ OF PARKING SPACES REQUIRED.
MEETING ADJOURNED, 9:45 P.M.
CITY CLERK MAYOR