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HomeMy WebLinkAbout11091983MINUTES OF PUBLIC HEARING CITY OF SEBASTIAN NOVEMBER 9, 1983 PUBLIC HEARING OF THE CITY OF SEBASTIAN, CITY COUNCIL WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:00 P.M. PRESENT: VICE MAYOR ROBERT FITZMAURICE COUNCILMAN RICHARD SZELUGA COUNCZLWOMAN DOROTHK MCKINLEY' COUNCILMAN JAMES GALLAGHER MAYOR PAT FLOOD, JR. CITY ATTORNEY DANIEL KILBRIDE MINUTES: PUBLIC HEARING NOVEMBER 9, 1983 THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, OCTOBER 30, 1983, TO DISCUSS A TAXI SERVICE. VICE MAYOR FITZMAURICE COMMENTED THAT THE COUNCIL ON AGING WILL BE PROVIDING A BUS TRANSPORTATION SERVICE TO THE AREA. MAYOR FLOOD POINTED OUT THAT THIS BUS SERVICE WILL ONLY PROVIDE SERVICE TO AND FROM VERO BEACH AND THE PROPOSED TAXI SERVICE WILL COVER THE ENTIRE COUNTY INCLUDING RUNS TO THE MELBOURNE AIRPORT. MR. JACK WEBB , INDIAN RIVER TAXI SERVICE, EXP£AINED THAT HE PLANNED TO RUN THE TAXI SERVICE BETWEEN 6:00 A.M. TO 10:00 P.M. AND THAT THE SERVICE WOULD BE AVAILABLE FOR LATER HOURS BY APPOINTMENT. HE INDICATED THAT THE RESPONSE FROM THE PUBLIC HAS BEEN FAVORA~FO~--T~--S~R~C~ U \VI THERE BEING NO FURTHER DISCUSSION OR COMME~, PUBLIC HEARING CLOSED: 7:20 P.M. _ MINUTES APPROVED AT REGULAR COUNCIL MEETING ON DECEMBER 21, 1983. MINUTES OF PUBLIC HEARING CITY OF SEBASTIAN NOVEMBER 9, 1983 PUBLIC HEARING OF THE CITY OF SEBASTIAN, CITY COUNCIL WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:10 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: PUBLIC HEARING NOVEMBER 9, 1983 THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, OCTOBER 30 AND NOVEMBER 6, 1983, TO CONSIDER AN ORDINANCE ABOLISHING AND ABANDONING THE ALLEY LOCATED ON, OVER AND BETWEEN BLOCK 3 AND 4, OCEAN BREEZE HEIGHTS SUBDIVISION; PROVIDING AN EFFECTIVE DATE. ATTORNEY KILBRIDE READ IN ITS ENTIRETY AN ORDINANCE VACATING, ABOLISHING AND ABANDONING THE ALLEY LOCATED ON, OVER AND BETWEEN BLOCK 3 AND 4, OCEAN BREEZE HEIGHTS SUBDIVISION; PROVIDING AN EFFECTIVE DATE. THERE BEING NO COMMENTS OR DISCUSSION, PUBLIC HEARING CLOSED: 7:25 P.M. CITY CLERK ~O R MINUTES APPROVED AT REGULAR COUNCIL MEETING ON DECEMBER 21, 1983. MINUTES OF PUBLIC HEARING CITY OF SEBASTIAN NOVEMBER 9, 1983 PUBLIC HEARING OF THE CITY OF SEBASTIAN, CITY COUNCIL WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7:15 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: PUBLIC HEARING NOVEMBER 9, 1983 THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, OCTOBER 30, 1983 AND NOVEMBER 6, 1983, TO CONSIDER AN ORDINANCE AMENDING THE DEFINITION OF "HOME OCCUPATIONS", AS CONTAINED IN ORDINANCE NO. 202 AS AMENDED, THE SAME BEING THE ZONING ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, BY RESTRICTING THE STORAGE OF STOCK IN TRADE OR MECHANICAL EQUIPMENT IN A RESIDENCE; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. ATTORNEY KILBRIDE READ IN ITS ENTIRETY AN ORDINANCE AMENDING THE DEFINITION OF "HOME OCCUPATIONS", AS CONTAINED IN ORDINANCE NO. 202 AS AMENDED, THE SAME BEING THE ZONING ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, BY RESTRICTING THE STORAGE OF STOCK IN TRADE OR MECHANICAL EQUIPMENT IN A RESIDENCE, PROVIDING A SEVERABILITY A LENGTHY DISCUSSION FOLLOWED CONCERI~IIJG T~E/AMENDED DEFINITION OF A HOME OCCUPATION SINCE THE CITY ALSO AMENDED T~t~ CITY'S ZON~N~ ORDINANCE, PUTTING MORE RESTRICTIONS ON THE USE OF HOME OCCUPATI~I~A}L LICENSES II~ RESIDENTIAL AREAS. THIS AMENDED ORDINANCE ALLOWS SPECIAL E~IOI~' US~_ FOR ~ME OCCUPATIONS IN RESIDENTIAL DISTRICTS IF APPROVED BY THE CITY'S PLANNING AND ZONING BOARD. ATTORNEY KILBRIDE EXPLAINED THA~ IN~NT OF THE PROPOSED ORDINANCE IS TO DEFINE WHAT A HOME OCCUPATION MEANS WHEI% RELA~ING TO SPECIAL USES IN RESIDENTIAL DISTRICTS. IN REVIEWING THE PROPOSED ORDINAACE~ THE] HOME OCCUPATION IS DEFINED AS ANY MONEY RAISING OCCUPATION CARRIED ON WITHIN A ~RESIDENTIAL PROPERTY BY A RESIDENT WHERE THE PRODUCTS ARE NOT FOR SALE, STOC~E~ ~R ~HERE NO MECHANICAL EQUIPMENT IS USED EXCEPT FOR DOMESTIC OR HOUSEHOLD PURPOS~'5~. ~ EVIDENCE OF THE OCCUPATION CAN BE VISIBLE CENERATED Cp OM F OMMERCIAL UEHICLES CAN REGULATION.~ ~ ~ ~: ] ~ I\ ~ ~, % I I~ ~ COUNCILMAN '~AG_~ W~F ~-IE~ r1Pi~ THeY T~ T~L~F~}d_~ PROPOSED ORDINANCE IS MISLEADING. COUNCILMAN SZELUGA WAS OF THE OPINION THAT THE ORDINANCE BE REWRITTEN SINCE IT ALLOWS NO ONE TO STORE ANY EQUIPMENT IN THEIR HOME. MAYOR FLOOD STATED THAT THE PURPOSE OF THIS PROPOSED ORDINANCE IS TO CLARIFY THE DEFINITION AND TO GIVE THE CITY GUIDELINES TO FOLLOW WHEN ACTING ON THE ZONING ORDINANCE. THERE BEING NO FURTHER DISCUSSION, PUBLIC HEARING CLOSED: 8:20 P.M. CITY CLERK MAYOR MINUTES APPROVED AT REGULAR COUNCIL MEETING ON DECEMBER 21, 1983. MINUTES OF PUBLIC HEARING CITY OF SEBASTIAN NOVEMBER 9, 1983 PUBLIC HEARING OF THE CITY OF SEBASTIAN, CITY COUNCIL WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 8:20 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: PUBLIC HEARING NOVEMBER 9, 1983 'tHE CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, OCTOBER 30 AND NOVEMBER 6, 1983, TO CONSIDER THE ADOPTION OF AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, VACATING, ABOLISHING AND ABANDONING THE ALLEY LOCATED ON, OVER AND BETWEEN LOTS 1 THROUGH 6 AND 7 THROUGH 12, BLOCK ~, REPLAT OF SCHOOL PARK SUB DIVISION, PROVIDING AN EFFECTIVE DATE. ~TTORNEY KILBRIDE READ IN ITS ENTIRETY AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, VACATING, ABOLISHING AND ABANDONING THE ALLEY LOCATED ON, OVER AND BETWEEN LOTS 1 THROUGH 6 AND 7 THROUGH 12, BLOCK 5, REPLAT OF SCHOOL PARK SUBDIVISION; PROVIDING AN EFFECTIVE DATE. _ 'CITY CLERK MAYOR MINUTES APPROVED AT REGULAR COUNCIL MEETING ON DECEMBER 21, 1983. MINUTES OF REGULAR COUNCIL MEETING CITY OF SEBASTIAN NOVEMBER 9, 1983 REGULAR COUNCIL MEETING OF THE CITY OF SEBASTIAN, CITY COUNCIL WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 8:30 P.M. PRESENT: VICE MAYOR ROBERT FITZMAURICE COUNCILMAN RICHARD SZELUGA COUNCILWOMAN DOROTHY MCKINLEY COUNCILMAN JAMES GALLAGHER MAYOR PAT FLOOD, JR. CITY ATTORNEY DANIEL KILBRIDE MINUTES: REGULAR COUNCIL NOVEMBER 9, 1983 MAYOR FLOOD INTRODUCED THE FOLLOWING STUDENTS WHO WILL BE PARTICIPATING IN THE STUDENT GOVERNMENT PROGRAM ON WEDNESDAY, NOVEMBER 16, 1983 . SUSIE TICE, ACTING CITY ATTORNEY AND FINANCE DIRECTOR CINDY HEEN, ACTING CITY COUNCIL MEMBER AND CITY CLERK TISH WHITFIELD, ACTING MAYOR NELSON MCCOLLUM, ACTING CITY COUNCIL MEMBER AND STREET DEPT. SUPERINTENDENT JIM MELIA, ACTING CITY COUNCIL MEMBER ZND CITY ENGINEER ~AUL FLEMING, ACTING CITY COUNCIL MEMBER AND CITY ENGINEER O THECITY. ASSOCIATION OF RETIRED PERSONS THE CITY CLERK READ A PROCLAMAT~ P_~AIMING NOVEMBER ll, 1983, AS VETERANS DAY. HEvETERANS DAy.STATED THAT CITY HALL WILL B~E ~L~OSE~ON~ NOVEMBER ll,. 1983 IN OBSERVANCE OF COMMITTEE REPORTS: ~ ~ uICE MAYOR FITZMAURICE REPORTED THAT HE ATTENDED THE STATE GOVERNOR'S CONFERENCE n SUCCESS AND THAT THE PARKS AND RECREATION COMMITTEE PLANNED TO HOLD SIMILAR TOURNAMENTS IN THE FUTURE. ~OUNCILMAN GALLAGHER ALSO MADE THE FOLLOWING REPORT ON BEHALF OF THE PARKS AND RECREATION COMMITTEE: THE RECREATION COMMITTEE ENDORSES THE CONCEPT OF PROVIDING A LIGHTED FOOTBALL AND SOCCER FACILITY THROUGH A JOINT EFFORT WITH OTHER GOVERNMENTAL AGENCIES FOR THE NORTH INDIAN RIVER COUNTY AREA. THE POOL TABLES AT THE SEBASTIAN COMMUNITY CENTER HAVE BEEN REFURBISHED WITH THE COOPERATION OF NORTH COUNTY RECREATION. THE SOUND SYSTEM AT THE SEBASTIAN COMMUNITY CENTER HAS BEEN EXAMINED BY A SOUND TECHNICIAN AND WILL BE IN TOP WORKING CONDITION BY THE END OF THE MONTH. MAYOR FLOOD REPORTED THAT HE WILL BE SCHEDULING SOME DEBATE MEETINGS REGARDING PROPOSITION I BETWEEN NOW AND THE FIRST OF THE YEAR. OLD BUSINESS: ATTORNEY KILBRIDE STATED THAT THE APPLICATION REGARDING THE TAXI SERVICE IS IN ORDER. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, THAT THE PERMIT BE GRANTED. MOTION AMENDED BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO AUTHORIZE THE MAYOR TO ISSUE A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO J.F.T. LEASING, INC., D/B/A INDIAN RIVER TAXI OVER THE PUBLIC STREETS OF THE CITY OF SEBASTIAN, SUBJECT TO ALL TERMS, CONDITIONS AND RATES OF THE APPLICATION PREVIOUSLY FILED AND SUBJECT TO ALL EXISTING OF FUTURE ORDINANCES AND/OR RESOLUTIONS OF THE CITY APPLICABLE THERETO, INCLUDING THE POSTING OF THE LIABILITY INSURANCE. ~TICE MAYOR FITZMAURICE WAS OF THE OPINION THAT THE RATES STIPULATED ARE TOO HIGH AND IN HIS OPINION THERE ISN'T A PUBLIC DEMAND FOR THIS SERVICE. COUNCILMAN GALLAGHER REMARKED THAT THIS WOULD BE A PRIVATE BUSINESS AND NO ONE WOULD BE REQUIRED TO USE IT. MINUTES: REGULAR COUNCIL NOVEMBER 9, 1983 ROLL CALL VOTE: AYES: COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: VICE MAYOR FITZMAURICE MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, VACATING, ABOLISHING AND ABANDONING THE ALLEY LOCATED ON, OVER, BETWEEN BLOCK 3 AND 4, OCEAN BREEZE HEIGHTS SUBDIVISION, PROVIDING AN EFFECTIVE DATE. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, VACATING, ABOLISHING AND aBANDONING THE ALLEY LOCATED ON, OVER AND BETWEEN BLOCK 3 AND 4, OCEAN BREEZE HEIGHTS SUBDIVISION, PROVIDING AN ~EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE ~OUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN, FLO~, ~-AC~, ~B~ISHING AND ABANDONING THE ALLEY LOCATED MOTION BY COUNCILWOMAN MCKI~ SECONDED B~ 70UNCILMAN GALLAGHER, TO ADOPT THE THIRD AND FINAL READING BY TITLE~ ~ AN._ORDI~CE OF THE CITY OF SEBASTIAN, FLORIDA, VACATING, ABOLISHING AND ABANDONING THE ALLEY LOCATED ON, OVER AND BETWEEN BLOCK 3 AND 4, OCEAN BREEZE HEIGHTS SUBDIVISION; PROVIDING AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYO ITZMAURICE COUA CI LMAI~ ZE LUGA COU~C.ILWO~AN MCKINLEY CO~I~I~MA~ GALLAGHER MAY~'FL~D MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE VACATING, ABOLISHING AND ABANDONING THE ALLEY LOCATED ON, OVER AND BETWEEN LOTS 1 THROUGH 6 AND 7 THROUGH 12, BLOCK 5, REPLAT OF SCHOOL PARK SUBDIVISION: PROVIDING AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE THIRD AND FINAL TIME BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN~ FLORIDA, VACATING, ABOLISHING AND ABANDONING THE ALLEY LOCATED ON, OVER AND BETWEEN LOTS 1 THROUGH 6 AND 7 THROUGH 12, BLOCK 5, REPLAT OF SCHOOL PARK SUBDIVISION; PROVIDING AN EFFECTIVE DATE. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY TO ADOPT THE THIRD AND FINAL READING BY TITLE ONLY OF AN ORDINANCE VACATING, ABOLISHING AND ABANDONING THE ALLEY LOCATED ON, OVER AND BETWEEN LOTS 1 THROUGH 6 AND 7 THROUGH 12, BLOCK 5, REPLAT OF SCHOOL PARK SUBDIVISION; PROVIDING AN EFFECTIVE DATE. ~OLL 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 AMENDING THE DEFINITION OF "HOME OCCUPATIONS" AS CONTAINED IN ORDINANCE NO. 202, AS AMENDED, THE SAME BEING THE ZONING ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, BY RESTRICTING THE STORAGE OF STOCK IN TRADE OR MECHANICAL EQUIPMENT IN A RESIDENCE: PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. MINUTES: REGULAR COUNCIL NOVEMBER 9, 1983 MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY CONCILMAN SZELUGA, THAT THE ORDINANCE ~MENDING THE DEFINITION OF "HOME OCCUPATIONS" BE TABLED UNTIL IT GOES BACK TO A MEETING BETWEEN THE COUNCIL AND PLANNING AND ZONING BOARD FOR A BETTER DEFINITION OF HOME OCCUPATIONS. ROLL CALL VOTE: AYES: COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY NAYS: VICE MAYOR FITZMAURICE COUNCILMAN GALLAGHER MAYOR FLOOD MOTION NOT CARRIED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY VICE MAYOR FITZMAURICE, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE AMENDING THE DEFINITION OF "HOME OCCUPATIONS", AS CONTAINED IN ORDINANCE NO. 202, AS AMENDED. ROLL CALL VOTE: A YES: VICE MAYOR FITZMAURICE COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY MOTION CARRIED. COUNCILMAN SZELUGA WAS OF THE OPINION THAT THE CONTENTS OF THE ORDINANCE COULD EASILY BE MISINTERPUTED. ATTORNEY KILBRIDE READ FOR,,~-H~ TJ~R{2__~ ~_I%N/L~ TIME BY TITLE ONLY AN ORDINANCE ~MENDINC THE DEFINITION OF( ",~OTE OC~-L'PAJ~I~N~"/AS CONTAINED IN ORDINANCE NO. 202 AS MOTION BY COUNCILMAN GALLAG~ SECOADED B~ ~ICE MAYOR FITZMAURICE, TO ACCEPT ~HE THIRD AND FINAL READING B~~E ONLY OF A~RDINANCE AMENDING THE DEFINITION ~F "HOME OCCUPATIONS" AS CONTA~ED ~N ORDINANCE NO. 202, AS AMENDED THE SAME ~EING ~HE ZONING ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA. ~OLL CALL VOTE: AYES: VI Y9 ITZMAURICE COUA'CI1,MA~ALLAGHER MAYOR FL ~ NAYS: CO~LM ZELUGA COUNCILWOMAN MCKINLEY MOTION CARRIED. ATTORNEY ~ DF C T HE T AITZN ZNAL DECZSZON FRO~ THE ;ors rpuz s srs r zs su ;zvzszo ovr EARL MASTELLER, CITY ENGINEER, STATED THAT DR. FISHER'S REQUEST IS CONSISTENT AND RECOMMENDED THAT THE PRELIMINARY PLAT BE APPROVED. CITY ATTORNEY KILBRIDE REMARKED THAT SUBDIVISION ORDINANCE DOES ALLOW FOR THE COUNCIL TO GRANT A WAIVER OF THIS NATURE, SINCE IT IS IN CONFORMITY TO THE STATE ~W. MOTION BY VICE MAYOR FITZMAURICE , SECONDED BY COUNCILMAN SZELUGA, THAT WE DELETE PAGES 4 AND 5 nF THE SAN SEBASTIAN SPRINGS PRELIMINARY PLAT, SINCE IT IS IN COMPLIANCE WITH THE DEPARTMENT OF H~ALTH AND REHABIL~.TATIVESERVICES, REGARDING SURFACE BODIES OF WATER, SEPTIC TANKS. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. MR. HENRY MULLER, DEVELOPER, RIVER RUN CONDOMINIUM PROJECT, REPORTED THAT HE HAS DRAWN UP A WATER EXTENSION AGREEMENT WITH GENERAL DEVELOPMENT UTILITY CONCERNING THE RIVER RUN CONDOMINIUM PROJECT AND REQUESTED THE APPROVAL OF THE COUNCIL. ATTORNEY KILBRIDE MENTIONED THAT THE AGREEMENT IS VERY SIMILAR TO THE AGREEMENT DRAWN UP FOR THE REFLECTIONS ON THE RIVER PROJECT. EARL MASTELLER, CITY ENGINEER, WAS OF THE OPINION THAT THE AGREEMENT WAS IN ORDER. HE ALSO MENTIONED THAT HE HAS FILED A CONFLICT OF INTEREST SINCE THE CONSULTING ENGINEERING FIRM HE IS A PRINCIPAL OF IS PERFORMING CONSULTING SERVICES FOR MR. MULLER. MINUTES: REGULAR COUNCIL NOVEMBER 9, 1983 MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILWOMAN MCKINLEY, THAT WE ACCEPT THE RIVER RUN GENERAL DEVELOPMENT WATER EXTENSION AGREEMENT. ROLL CALL VOTE: A YES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY VICE MAYOR FITZMAURICE, TO BRING TO THE FLOOR THE RECONSIDERATION OF THE MOBILE HOME PUD AMENDMENT TO OUR ZONING ORDINANCE. ROLL CALL VOTE: AYES VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS. NONE MOTION CARRIED. SECTZON VZZ A OF ORDZNANCE 202, MEND D, S ME BEZNG THE Z0NZNG 0RDZNANCE OOZ S S CrZO ESTABLISHES SURFACE WATER M~GEMZ~ S~N~S; 4) PROVIDING A SEVERABILITY CLAUSE; and 5) PROVIDING AN EFFECTIVE DAT~. MOTION BY VICE MAYOR FITZ~A~CE, SECONDED.~Y COUNCILMAN GALLAGHER, TO ACCEPT THE IT WOULD QUALIFY AS A MOBILE HOME P~RK~HETHER THE ZONING IS "PUD" OR A MOBILE HOME DISTRICT. ROLL C~LL VOTE : COUNCJL~N G~LLgGHER ' :1 ~AYOR F&O0 ~ fl ~UB~C ~RZN~OU~ ~ ~D 7, ~983, PRZO~ ATTORNEY KILBRIDE READ IN ITS ENTIRETY A RESOLUTION AUTHORIZING PROPER CITY OFFICIALS TO SUBMIT A FLORIDA RECREATION DEVELOPMENT ASSISTANCE 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 1 THROUGH 25, OF THE EDGEWATER PARK SUBDIVISION, AND BLOCK 13, LOTS 1 THROUGH 5, PLUS AND UNDESIGNATED PARCEL N. OF LOT 1 AND S. OF THE SEBASTIAN YACHT CLUB, EDGEWATER PARK SUBDIVISION, SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, IN THE AMOUNT OF $150,000.00; PROVIDING AN EFFECTIVE DATE. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY COUNCILMAN GALLAGHER, TO ADOPT A RESOLUTUION AUTHORIZING PROPER CITY OFFICIALS TO SUBMIT A 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 1 THROUGH 25, OF THE EDGEWATER PARK SUBDIVISION, AND BLOCK 13, LOTS I THROUGH 5, PLUS AND UNDESIGNATED PARCEL N. OF LOT 1 AND S. OF THE SEBASTIAN YACHT CLUB, EDGEWATER PARK SUBDIVISION, SEBASTIAN, INDIAN RIVER COUNCTY, FLORIDA, IN THE AMOUNT OF $150,000.00; PROVIDING AN EFFECTIVE DATE. ROLL CALL VOTE: A YES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. EARL MASTELLER, CITY ENGINEER, REPORTED THAT AS PART OF THE SUBMISSION OF THE GRANT APPLICATION, A TITLE REPORT ON THE PROPERTY IS NEEDED. ATTORNEY KILBRIDE MENTIONED THAT THE COST WOULD BE APPROXIMATELY $75.00 - $200.00. SINCE THE COUNCIL HAD NO OBJECTION, MAYOR FLOOD STATED THAT HE WOULD PROCEED WITH THIS. MAYOR FLOOD ALSO REQUESTED THAT HE AND EARL MASTELLER HAND DELIVER THE GRANT APPLICATION IN TALLAHASSEE, IN ORDER TO ANSWER ANY QUESTIONS THAT MAY ARISE. HE STATED THAT THIS WOULD BE AN AGENDA ITEM AT THE NEXT REGULAR COUNCIL MEETING. MINUTES: REGULAR COUNCIL NOVEMBER 9, 1983 MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, THAT THE CITY AUTHORIZE THE FINANCE DIRECTOR TO MAKE THE PURCHASE OF THE TELEPHONE SYSTEM. MOTION CARRIED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY VICE MAYOR FITZMAURICE, TO TABLE THE PURCHASE OF CHAIRS FOR THE COUNCIL CHAMBERS. MOTION WITHDRAWN BY COUNCILMAN GALLAGHER , SECOND WITHDREW BY VICE MAYOR FITZMAURICE. COUNCILWOMAN MCKINLEY STATED THAT THE PROPOSED FIGURE FOR THE SIX (6) CHAIRS IS $1,905.60 PLUS $25.00 PER CHAIR FOR FREIGHT. IF FREIGHT IS HIGHER, WE WILL NOT BE CHARGED. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY VICE MAYOR FITZMAURICE, THAT WE ORDER THE CHAIRS AS PROPOSED. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GAL£AGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. COUNCILMAN GALLAGHER REPORTED THAT HE HAS BEEN IN CONTACT WITH CAPTAIN BEARD AND 7 ~ \1 AFTER SOME DISCUSSION, MAYO? ,CO S_ATED THE PAINT COS MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, THAT THE CITY PROVIDE THE PAINT AND WHATEVER ~I~MAY BE NEEDED FOR THE PAINTING OF THE LIBRARY EXTERIOR. MOTION CARRIED. MOTION BY COUNCILMAN GALLAGHER, N BY VICE MAYOR FITZMAURICE, TO VERIFY THE MAYOR'S APPOINTMENT OF VICE MAYOR FITZMAURICE TO THE INDIAN RIVER COUNTY LETTER OF E~R~_~NATI~N FRO~ E RE_~$~I~_~ THE VARIANCE BOARD. MOTION CARRIED. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN GALLAGHER, TO ACCEPT THE LETTER OF RESIGNATION FROM MR. JOHN CALMES, RESIGNING FROM THE SEBASTIAN CONSTRUCTION BOARD. MOTION CARRIED. MAYOR FLOOD STATED THAT ONE APPLICATION HAS BEEN RECEIVED FOR THE VACANCY ON THE SEBASTIAN CODE ENFORCEMENT BOARD. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, THAT BETSY ADAMS BE APPOINTED TO FILL THE VACANCY ON THE CODE ENFORCEMENT BOARD. MOTION AMENDED BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, THAT BETSY ADAMS BE APPOINTED TO FILL THE UNEXPIRED TERM OF ANN DEWHURST ON THE CODE ENFORCEMENT BOARD. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. MOTION BY COUNCILMAN GALLAGHER, THAT JESSE BROCK BE PROMOTED FROM AN ALTERNATE MEMBER TO A FULL TIME MEMBER OF THE PLANNING AND ZONING BOARD. MOTION WITHDRAWN BY COUNCILMAN GALLAGHER. MOTION BY COUNCILMAN GALLAGHER, TO TABLE THE APPOINTMENT OF MEMBERS TO VARIOUS BOARDS UNTIL SUCH TIME WE KNOW WHEN THE TERMS EXPIRE AND HAVE THE CORRECT INFORMATION THAT WE ARE GOING TO NEED TO DO THIS PROPERLY. MINUTES: REGULAR COUNCIL NOVEMBER 9, 1983 MAYOR FLOOD RECOMMENDED THAT WE NOT WAIT SINCE WE HAVE INTERESTED PERSONS AT THIS TIME. MOTION WITHDRAWN BY COUNCILMAN GALLAGHER. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO APPOINT JESSE BROCK TO THE PLANNING AND ZONING BOARD AS A FULL TIME MEMBER FOR A THREE YEAR TERM. MOTION CARRIED. MOTION BY VICE MAYOR FITZMAURICE , SECONDED BY COUNCILMAN GALLAGHER, THAT WE TABLE THE APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION UNTIL THE NOVEMBER 16, 1983 MEETING. MOTION CARRIED. VICE MAYOR FITZMAURICE NOMINATED MR. JOSEPH SISKA TO THE GOLF COURSE BOARD OF DIRECTORS, TO FILL THE UNEXPIRED TERM OF MR. CLAY PRICE UNTIL JANUARY, 1984. COUNCILMAN SZELUGA, NOMINATED MR. KEN SMITH TO THE GOLF COURSE BOARD OF DIRECTORS TO FILL THE UNEXPIRED TERM OF MR. CLAY PRICE UNTIL JANUARY, 1984. COUNCILMAN GALLAGHER, NOMINATED MR. JOHN VAN ANTWERP TO THE GOLF COURSE BOARD OF DIRECTORS TO FILL THE UNEXPIRED TERM OF MR. CLAY PRICE UNTIL JANUARY, 1984. COUNCILWOMAN MCKINLEY NOMI~D , 'I~FR.~R~LOUX TO THE GOLF COURSE DIRECTORS TO FILL THE UNEYP~ E~.~D TERM OF M~V~LAY PRICE UNTIL JANUARY, MOTION BY COUNCILMAN GALL].G~, SECONDED B~ ICOUNCILWOMAN MCKINLEY, TO NOMINATIONS. BOARD OF 1984. VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD VOTED MN VOTED Ic~ VO?Sa lin FAVOR OF FAVOR OF FAVOR OF FAVOR OF FAVOR OF CLOSE MOTION CARRIED. MR. JOSEPH SISKA MR. KEN SMITH MR. ALBERT CHALOUX MR. JOHN VAN ANTWERP MR. JOSEPH SISKA MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN GALLAGHER, TO EXTEND THE VOTED IN FAVOR OF VOTED IN FAVOR OF VOTED IN FAVOR OF VOTED IN FAVOR OF VOTED IN FAVOR OF MR. JOSEPH SISKA MR. KEN SMITH MR. ALBERT CHALOUX MR. JOSEPH SISKA MR. JOSEPH SISKA VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD MR. JOSEPH SISKA IS APPOINTED AS A MEMBER TO THE GOLF COURSE BOARD OF DIRECTORS. COUNCILMAN GALLAGHER,NOMINATED MR. JOHN VAN ANTWERP AS AN ALTERNATE MEMBER OF THE GOLF COURSE BOARD OF DIRECTORS. COUNCILWOMAN MCKINLEY, NOMINATED MR. ALBERT CHALOUX AS AN ALTERNATE MEMBER OF THE GOLF COURSE BOARD OF DIRECTORS. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY VICE MAYOR FITZMAURICE, TO CLOSE NOMINATIONS. VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD VOTED IN FAVOR OF VOTED IN FAVOR OF VOTED IN FAVOR OF VOTED IN FAVOR OF VOTED IN FAVOR OF MR. JOHN VAN ANTWERP MR. ALBERT CHALOUX MR. ALBERT CHALOUX MR. JOHN VAN ANTWERP MR. JOHN VAN ANTWERP MR. JOHN VAN ANTWERP IS APPOINTED AS THE ALTERNATE MEMBER OF THE SEBASTIAN GOLF COURSE BOARD OF DIRECTORS. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO TABLE THE APPOINTMENT TO THE CONSTRUCTION BOARD UNTIL THE NEXT MEETING. MOTION CARRIED. MINUTES: REGULAR COUNCIL NOVEMBER 9, 1983 MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO PERMIT THE SEBASTIAN RIVER ART CLUB TO USE THE SEBASTIAN RIVERVIEW PARK ON DECEMBER 2ND AND 3RD, 1983 FOR A WINTER ART SHOW, FROM 10:00 A.M. TO 4:00 P.M. MOTION CARRIED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY VICE MAYOR FITZMAURICE, TO PERMIT THE HOLE IN THE WATER GANG PERMISSION TO SERVE .ALCOHOLIC BEVERAGES AT A CHRISTMAS PARTY TO BE HELD AT THE SEBASTIAN YACHT CLUB ON DECEMBER 9, 1983. MOTION CARRIED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO TABLE THE APPOINTMENT TO THE VARIANCE BOARD UNTIL THE NEXT MEETING. MOTION CARRIED. MOTION BY COUNCILMAN SZELUGA, SECONDED BY COUNCILMAN GALLAGHER, TO ACCEPT MR. SAM COBURN'S RESIGNATION FROM THE SEBASTIAN CEMETERY COMMITTEE. MOTION CARRIED. MAYOR FLOOD ANNOUNCED THAT A MEETING WITH THE SEBASTIAN CONSTRUCTION BOARD WILL BE HELD THURSDAY, NOVEMBER 10, 1983 AT 7:30 P.M., IN THE COUNCIL CHAMBERS. HE URGED COUNCILMEMBERS TO ATTEND. MAYOR THERE BEING NO FURTHER CITY CLERK 10:40 P.M. MINUTES APPROVED AT REGULAR COUNCIL MEETING ON DECEMBER 21, 1983.