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HomeMy WebLinkAbout12111985PUBLIC HEARING, PUBLIC FORUM AND REGU~ CITY COUNCIL MEETING DECMMB~R 11, 1985 - 7:00 PM MINUTES MAYOR GALLAGHER CALLED THE CITY COUNCIL COUNCIL MEETING TO ORDER AT 7:06 P.M. PRESENT: VICE MAYOR L. GENE HARRIS COUNCILMAN RI(/{ARD SZELUGA COUNCIiiiAN PETER VALLONE CITY A/'rORNEY THOMAS C. P~ MAYOR JIM GAT.I AGHER ABSENT: COUNCILMAN KENNETH ROTH (EXCUSED) COUNCILMAN RICHARD SZELUGA LEAD THE COUNCIL AND AUDIENCE IN THE PLEDGE OF AT.I F~IANCE TO THE FLAG. MAYOR GAT.I AGHER ANNOUNCED THAT THE CITY FLAGS HAD BEEN DELIVERED TO THE CITY HALL AND THOSE PERSONS WHO HAD PURCHASED THt~4 COULD COME PICK THEIR FLAG UP OR ORDER A FLAG. MAYOR GAI.I AGHER STATED IT WAS WITH GREAT PLEASURE THAT HE INTRODUCE THE MMPIDYEE OF THE MONTH. ATIDRNEY PAL~R READ A PROCLAMATION, IN iTS EIN-TIRETY, PROCLAIMING JEAN M. TARBELL AS THE E~iPLOYEE FOR THE MONTH OF NOV]RMBER, 1985. MAYOR GALLAGItER AND CITY CLERK D~ C.-~~~D JEAN WITH A PLAQUE AND THE ORIGINAL MAYOR GALLAGHER STATED THAT [x~. C~y[-P~ICE WAS P_~ESEN~ ~CqB HE WOULD BE MAKING A PRESENTATION ON BEHALF OF THE UNITED WAY. m. PRICE' Cj/~VE STATISTICS ~)NI THE rCJ~ER OF AGENCIES AND THE N~IMI3ER OF PER- SONS ASSISTED BY THE UNITED WAY IN'~[~3I~IV'~-~ COUNT~. MAYOR GAI_I.AGHER STATED THAT HE WOULD RECESS THE MEETING FOR MR. PRICE TO PRESENT 2I-IE FII.FI, PROVIBING ~IE COUNCIL HAD NO OBJECTIONS. THERE BEING NO OBJECTIONS MAYOR ESS ME~I.'ISG AT 7:16 MR. PRICE HAD A NUMBER OF PROBLE~S WITH T tE. ?IIM ~ID THE MEETING WAS RECAIJ.ED TO ORDER. MAYOR GALLAGHER RECALLED THE COUNCIL MEE~-J~3/TC.--~RDER AT 7:20 P.M. AND STATED THAT ALL ME~ERS PRESENT PRIOR TO THE RECESS ~RE PRESENT AT THE RECALLING. MAYOR GALmG ' AINF A Kr N EVELOPMENT THERE BEING NO COIvI, IESTS FROM THE PUBLIC MAYOR GALLAGHER CLOSED THE PUBLIC HEARING AT 7:21 MAYOR Gg~JAGHE~ OPENED THE PUBLIC FORUM AT 7:21 P.M. AND EXPLAINED THAT THE ME~ERS OF THE VOLUNTEER AMBUI_ASCE SQUAD HAD REQUESTED THAT THE COUNCIL HOLD A MEETING SO THE PUBLIC COULD VOICE THEIR OPINIONS REGARDING THE MI~IBERS BREAKING AWAY FROM'THE INDIAN RIVER COUNTY VOLUNTEER AFfl3~CE SQUAD, INC. MAYOR GALLAGt-IER REQUESTED THE PUBLIC STATEIVlE~S. THE GENERAL CONSENSUS OF THE PUBLIC' WAS IF THE MIS~IBERS OF 2t-IE SQUAD FELT THEY COULD MAN THE STATION AND HAD ENOUGH VOLUNTEERS 2HEN THE DEPARTMENT SHOULD BREAK AWAY IF THEY ~ERE UNSATISFIED WITH THE ASSISTANCE FROM INDIAN RIVER COUNTY SQUAD. [~dlY DE U-IAISE~ DEPUT~ CHIEF, SEBASTIAN' BRAS~, EXPLAINED THAT 'THE SQUAD NOW HAD 71 VOLUIXrrEERS A_~ THEY HAD TO WORK OUT A SUI~ER OF DETAILS I.E. INSURANCE, FINALIZING T[-IE BUILDING STATUS AND V~ICLES. HS. DE CHAINE ADVISED THE COUNCIL THAT TIlE SEBASTIAN SQUAD WAS ALREADY PREPARING MUTUAL AID AGREE- MENTS WITH ROSELAND, FELLS~E, ETC. MR. MILLS, REPRESENTATIVE OF INDIAS RIVER COUNTY VOLUNTEER AMB~CE SQUAD, INC. AND MR. BUCK VOCELLE, STATED ON THE RECORD 2I-IAT IF THE DESIRE OF SFJ3ASTIAN WOULD BE TO BREAK AWAY FROM THE COUNTY SQUAD THEY WOULD ASSIST THFCq IN THEIR EFFORTS. ~. VOCELLE SUGGESTED THAT THE COUNCIL ADOPT A RESOLUTION COURAGING THE BREAK AND FORWARD IT TO %t-IE COUNTY COIv~'qISSION, IT WOULD EXPEDITE THE BREAK. AFI'ER MUCH DISCUSSION REGARDING THE 911 RECOllECTION, VOEUNTEER ME~ERS FRESEST AT THE MEETING~ OR. WOI'~q~S CLUB ADVISING THAT A PETITION HAD BEES SIGNED WITH OVER 600 AREA RESIDENTS AND THE COURrI"~°S ASSISTANCE. THERE BEING NO FURTHER STATtSME~S FROM THE PUBLIC MAYOR GAIJAGHER CLOSED THE PUBLIC FORUM AT 8:14 P.~. MAYOR GAI_I_AGHER STATED THAT }IF, COUNCIL COULD CONSIDER THIS ISSUE AT Ai~ TIME IN THE FUTURE WITH POSSIBLE ACTION FORM THE COUNCIL. COUNCI~ SZELUGA REQUESTED THAT MR. MILLS PRESEIXlT TttE CITY WITH A COPY OF THE ARTICLES OF INCORPOR- ATION FOP, THE INDIAN RIVER COUS~ VOLUNTEER AMBUL~qCE SQUAD, INC. CITY COUNCIL MEETING MINUTES DECEMBER 11, 1985 PAGE 2 tAYOR GA1.1AGHER REQUESTED THAT ALL WRITTEN COHOS, COPIES OF INCORPORATION AND ANY CORRESPONDENCE BE FORWARDED TO THE CITY CLERK FOR DISTRIBUTION TO THE MAYOR AND COUNCIL MF~ERS. MAYOR GALLAGHERRECESSED THE COUNCIL MEETING AT 8:15 P.M. MAYOR GALLAGHERRECALLEDTHE COUNCIL MEETINGTO ORDER AT 8:20 P.M. AND STATED FOR THERECORDTHAT ALL M~BERS OF T[~ COUNCIL THAT WERE PRESENT AT THE RECESS WERE PRESENT AT %HE RECALLING OF T~ MEETING. OLD BUSINESS: ATIt)RNEYPAIMERREAD FOR THE SECOND AND FINAL TIME, BY TITLE ONLY, AN ORDINANCE OF Y HE CITY OF SEBASTIAN, FLORIDA, CORRECTING AN OMISSION FROM ORDINANCE NO. 0-85-15, ENACTED ON SEPTEMBER 11, 1985, AND 17tEREBY PROVIDING THAT THE PROPERTY SITUATE IN %HE CITY OF SEBASTIAN THAT HAD A PREVIOUS ZONING CLASSIFICATION OF C-2(COMMERCIAL) BUT GIVEN A LAND USE DESIGNATION OF CO~{MERCIAL WATERFRONT (CW) WAS TO BE SHOWN WITH A NEW ZONING CLASSIFICATION OF (MCR) MARINE COMMERCIAL AND RESIDENTIAL; THIS ORDINANCE CORRECTS 17~ OMISSION; PROVIDING AN EFFECTIVE DATE. MOTION BY VICE MAYOR HARRIS, SECONDED BY COUNCIIAMN SZELUGA, TO ADOPI'THE SECOND AND FINAL READING, BY TITLE ONLY, AN ORDINANCE FO THE CITY OF SEBASTIAN, FLORIDA, CORRECTING AN OMISSION FROM ORDINANCE NO. 0-85-15, ENACTED ON SEPTEMBER ll, 1985, AND THEREBY PROVIDING THAT THE PROPERTY SITUATE IN THE CITY OF SEBASTIAN THATHADA PREVIOUS ZONING CLASSIFICATION OF C-2(COb~MERCIAL) BUT GIVEN A LAND USE DESIGNATION OF COMMERCIAL WATERFRONT (~) WAS TO BE SHOWN WITH A NEW ZONING CLASSIFICATION OF (MCR) MARINE COMMERCIAL AND RESIDF~CCIAL; THIS ORDIN~qCE CORRECi'S THE OMISSION; PROVIDING AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: NAYS: VICE MAYOR HARRIS -- MAY(}R G~~ MOTION CARRIED. MAYOR' S MAYTERS: ~ ~ MAYOR GAIJAGHER STATED THAT THE COUNCIL ~-O BE~.~ESENTED WITH A PROPOSED FEDERAL REVENUE SHARING BUDGET AND THAT IT WOULD BE AN AGENDA ITBM FOR T~ COUNCIL MEETING OF DECEMBER 18, ~985, AND THAT A PUBLIC HEARING DATE OF JANUARY 15, lC~8~L S'{O~L~ SET AT THAT TIME. MAYOR GALLAGHER ALSO STATED 2ItATTHE COUX~C~ K~ RECEIVED A MEMO FROM THE CITY CLERK REGARDING THE DATES OF THE JANUARY COUNCIL MEETINGS AND WOULD APPRECIATE THE COUNCIL ADDRESSING THIS AT THE MEETING TONIG~ V~ '--'~)~-~ ~ ~YOR-~ - ~ ~CI MOTION BY COU NE, ~oON HARRIS: . L.ADD TO THE AGENDA, A ~~~.~~SG F.~iES~ A~[D~~t]~Z BE ADDRESSED ~A MEMO FROM THE ~ ~%Lm~-REGA~I Al,l, AYES: MOTION CARRIED. MAYOR GALLAGHERALSO ADVISED THE COUNCIL THAT HE HAD RECEIVED FROM GENLRAL DEVELOPMENT CORPORATION DOCUMENTS FOR THE CITY TO ACCEPT THE DEEDS 0FTHREE PARKS IN THECITY; THOSE BEING LAKE HARDEE, THE EASY STREET SWIM LAKE AND A PARK ON BLOSSOM DRIVE, IN UNIT 5. MAYOR GA~AGHER STATED ~tAT HE WAS REQUESTING PERMISSION TO GRANT THE EXECUTION OF THE DEEDS. ATI~ORNEYPAI~ SUGGESTED THAT THE COUNCIL INCORPORATE IN THE LANGUAGE OF THE DEEDS THAT THE CITY WOULD ACCEPT THESE PARKS TO BE USED AS PARKS BY A VOTE OF THE PEOPLE AT A REFERENDUM BALLOT QUESTION. MOTION BY COUNCILbiANVALLO}~, SECONDED BY VICE MAYOR HARRIS, THAT THE AUYHORIZATION OF THE EXECUTION OF ~tE DEEDS BE DISCUSSED AFI~ THE ~MO FROM THE CITY CLERK. AYES: MOTION CARRIED. MAYOR GALLAGHER ANNOUNCED THAT GENE~-RAL DEVEIOPME]~i' CORPORATION WOULD DONATE ONE LUMP SUM OF $6000. FOR THE PURCHASE OF STREET SIGNS AND THIS WOULD RELEASE GENERAL DMVEIOPMETqT FROM FUTURE DONATIONS AS WE ARE UNABLE TO FIND A TRUE ~tlTI~ AGREEMENT. MAYOR GALLAGHER STATED THAT HE WOULD REPORT TO THE COUNCIL DURING THE MEETING OF DECEMBER 18, 1985. COUNCIL MEMBER ' S MATIZltS: VICE MAYOR HARRIS STATED THAT HE HAD RECEIVED INFORMATION FROM THE ~-LORIDA L~EAGUE OF CITIES REGARDING THEIR UPCOMING MEETING AND ADVISED ~ATHE FELT IT WAS IMPORTANT THATMAYOR GALLAGHERATTEND. VICE MAYOR HARRIS STATED THAT THESE MEETINGS WOULD BE VERY EDUCATIONAL AND HELPFUL TO THE CITY. MOTION BY VICEMAYORHARRIS, SECONDED BY COUNCILMAN VALLONE, THAT THE CITY PAYTHE EXPENSES OFT HE MAYOR TO ATIZND THE TWO DAY FLORIDA LEAGUE OF CITIES IN TALLAHASSEEAND THE EXPENSE WOULD COVER THE REGISTRATION. ROLL CAIJ. VOTE: AYES: VICE MAYOR HARRIS COUNCILMAN SZELUGA COUNCILMAN VALIONE NAYS: MAYOR GAl I AGHER MOTION FAILED. CITY COUNCIL MEETING MINiYI~S DECEMBER 11, 1985 PAGE 3 UNANIMOUS CONSENT OF THE COUNCIL IS REQUIRED TO PASS A MOTION TO REIMBURSE TRAVEL EXPEINSES. MAYOR GALLAGHER REMINDED THE COUNCIL THAT THERE WERE NOT BUDGETED MONIES FOR TRAVEL AND PER DIEM. CITY ATrORNEY MATIERS: ATIORNEY PAhME~ ADVISED THAT THE CITY CLERK HAD RECEIVED LEXTERS FROM GENERAL DEVELOPMENT UTILITIES REGARDING A LIST OF RESIDENTS THAT DID NOT COMPLY WITH THE MANDATORY HOOK UP. ATTORNEY PALMER IN- STRUCTED THE CITY CI.ERK TO STOP ALL PROGRESS WITH THE LETIERS THAT THE CODE ENFORCMV~NT BOARD DID NOT [{AVE THE JURISDICflON TO HANDLE THE CASE. ATIDRNEY P~ ADVISED THAT HE WILL CONTINUE TO RE- SEARCH THE LAW THAT IT APPEARS THE CITY CAN ONLY ENFORCE MANDATORY HOOKUP TO SEWAGE AND NOT WATER. MAYOR GALLAGHER ADVISED ALL RESIDENTS RI{AT FOR THETIME BEING IF THEY HAVE RECEIVED LEITERS FROM GENERAL DEVELOPMENT UTILITIES FOR HOOK UP TO JUST HOLD THE LEITER UNTIL THE CITY ATIDRNEY HAS TIME TO RESEARCH THE REQUIREMENTS. NEW BUSINESS: MR. HECTOR FRANCO, CITY ENGINEE~R, STATED THAT HE DID NOT ltAVE THE QUOTES ON THE FLASHING LIGHT AT THIS MEETING. MOTION BY COUNCILMAN VALIONE, SECONDED BY VICE MAYOR HARRIS, THAT %HIS ITEM BE PLACED ON THE DECEMBER 18, 1985, COUNCIL AGENDA. ALL AYES: ~tOTION CARRIED. ATTORNEY PAiMER READ BY TITLE ONLY~_A RESOLUTION VACATING, ABOLISHING, ABANDONING AND DISCONTINUING EASEMENT BETWEEN THE SOUTHWEST S~,~0~ I~ ~---~-~%~ ~0~THEAST SIDE OF lOT 21, BLOCK 197, UNIT 10, SEBASTIAN HIGHLANDS ACCORDING:TO~_I{Z ~IA% %HERFOF, R~C~R~ED IN PLAT BOOK I '6/37K, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.[~ MOTION BY VICE MAYOR HARRIS, SEC~NL~MDJBY £OUNCILblAN I~iONE, TO ADOPT, AS READ, BY TITLE ONLY, A RESOLUTION VACATING, ABOLISHING,'~L~)RING ~ND DIgC~NTINUING EASEMENT BEIWF_SN THE SOUTHWEST SIDE OF lOT 20 AND THE NORTHEAST SIDE OF LOT 21, BLOCK 197, UNIT 10, SEBASTIAN HIGHLANDS, ACCORDING TO PLAT THEREOF, RECORDED IN FiAT BOOK I 6~ P~ RECORDS OF INDIAN RIVET, COUNTY, FLORIDA. ALL AYES: % MOTION CARRIED. MAYOR GAl J AGHER STATED THAT ST. SEBAST],Ab~LAlqNEp UNIT DEVELOPMENT REPRESENTATIVE WAS REQUESTING THAT %lie EXTENSION FOR 2t~ PRELIMINARY D~ ~NS BE EXTENDED UNTIL JUNE 21, 1986. ATTORNEY PALMER EXI~LAINED THAT THERE WAS SOME CONFUSION REGARDING THE ACCEPTANCE DATE OF THE DEVELOP- MEIqT ORDER, IF~COUN~ ^C~---~X~ED ~DA~ DTH~r--~j~NY~-~ER ~NED BY TREASURE COAST MAYOR GAI.I~A~G~H~i~K~F2I~E ~CI~ ~[~ ~ SUEMIYiZD ~ ~.\nCG~ SKILl_MAN AND HiS CONCERNS ABOUT %HE ~R~',~~F ~]MAI{~'S~I~ ['¢x~I~S~IiAGH~ ADDED/I~ ~T W~ ALSO A CONCERN OF HIS AND HE WISHED TO SPEAIC'W17~:I 1T~L'-DETEt~PER ~I~EGARD%NG'TC'SWAP ~ LAND-. ~ -- '-- '-- MR. DAVID ALBRECHT~ STATED THAT IF THE COUNCIL GRANTED ST. SEBASTIAN UNTIL JUNE 219 1986, THEY COULD PROCEED WI17I THEDEVELOPMENT PLANS AND HE ASSURED THE CITY %HAT MR. VICI< WOULD WORK TOGETHER ON THE MAIN STREET PROBLEM. MAYOR GALLAGHER GAVE ~. ALBRECHT COPIES OF MR. SKILLMANS LEITER AND MAPS THAT WERE SUBMIYTED. MR. ALBRECHT STATED %IqAT THE DEEDING OF THE PROPERTIES HAS BEEN A PROBLEM WITH 5]tE UNSURETY OF THE LEGAL DESCRIPTION OF THE PROPERTY. MOTION BY' COUNCILMAN VALLONE, SECONDED BY VICE MAYOR HARRIS, TO GRANT THE REQUEST AND EXTEND THE DEADLINE DATE TO JUNE 21, 1986. VICE MAYOR HARRIS STATED THAT THE COUNCIL WILL HAVE A MEETING ON DECEMBER 18, 1985, r[~JS ALLOWING THE ~I~YOR TO WORK OUT THE DETAILS. COUNCILMAN VALLONE VOTED NAY. MOTION CARRIED. VICE MAYOR HARRIS STATED THAT HE HAD REVIEWED MAYOR GALLAGHER'S Mt~MO REGARDING THE MERIT PAY INCREASES AND AT THE HEARINGS AND MEETINGS HE HAl) SPOKEN AGAINST A $2000. ACROSS THE BOARD RAISE AND THAT THE COUNCIL INTENDED TO iNCLUDE THE 2% IN RHE $2000. MAYOR GALLAGHER STATED THAT HE HAD AN OBLIGATION TO ADVISE AS CHIEF ADMININSTRATOR HIS GENUINE CONCERN IN PROCEEDING WI1]{ ~ UPGRADING AND NON-DISCRiMINATORY PROCEDURES OF ADMINISTRATING ALL EMPLOYEES. MAYOR GALLAGHER EXPIAINED THAT THE 2% FOR ALL DEPARTb~2qT HEADS, EXCLUDING THE GOLF COURSE MANAGER AND SUPERINTENDENT AS THEY HAVE RECEIVED THE 2% AND POLICE OFFICERS ALL INCLUSIVE WOULD BE APPROXI~IATE- LY $3000. MAYOR GALIAGHER ENCOURAGED THE COUNCIL TO CONSIDER THE EFFECT OF THE VIOLATION OF THE ORDINANCE. AFIER CONSIDERABLE DISCUSSION THE COUNCIL TOOK NO ACTION AND MOVED ON TO THE MMMO FROM %HE CITY CLERK° CITY COUNCIL MEETING MINUTES DECEMBER 11, 1985 PAGE 4 MOTION BY COUNCILMAN VALIONE~ SECONDED BY COUNCII~4AN SZELUGA, TO CHANGE THE MEETING DATES FOR JANUARY~ 1'986, TO JANUARY 8th FOR THE WORKSHOP AND JANUARY 15 & 22, 19867 FOR THE %WO REGULAR CITY COUNCIL MEETING DATES. ALL AYES: MOTION CARRIED. MOTION BY COUNCILMAN VALIDNE~ SECONDED BY VICE MAYOR tJARRIS, TO ACCEPT ~ DEEDS FORM GENEP~kL DEVELOPMENT CORPORATION FOR THE LAKE HARDEE PARK, SWiM LAKE PARK AND A "PARK" ON BLOSSOM DRIVE° ATTORNEY PALMER SUGGESTED THAT THE LANGUAGE OF THE PARKS BEING FOR THE EXPRESS PURPOSE OF PARKS AND ~ CITY COULD ONLY SELL THE PARKS AFTER APPROVAL OF A REFERENDUM VOTE OF THE PUBLIC DESIRING TO SELL. COUNCILMAN VALLONE AMENDED HSI MOTION TO INCLUDE ADDED LANGUAGE AS SUGGESTED BY THE ATiORNEY~ COUNCIIAMAN SZELUGA AMENDED HIS SECOND. ALL AYES: MCrFION CARRIED. CITY CLERK ADVISED THE COUNCIL THAT %t{E POLICE DEPART~2~ HAD REQUESTED FREE USE OF THE COMMUNITY CF~ ON FEBRUARY 15, 1986,' AND ALLOW ALCOHOLIC BEVERAGES FOR'THEIR ANNUAL POLICE AWARDS BANQUE~£. COUNCIIMAN VAILONE STATED THAT HE ~{AD NO OBJECTION HOWEVER'THE PARKS 'AND RECREATION CO~MiITEE WAS REQUIRING THE $100. SECURITY ON Alii. FREE USES. MOTION BY COUNCILMAN VALLONE, SECONDED.~.~ BY $D0~CII~iAN\SZ~LUGA, TO APPROVE THE FREE USE AND.SERVING OF ALCOHOLIC BEWERAGES AT THE SEBAS_ IANF4~OMMUNITY CENTE~, ~N FEBRUARY 15, 1986, mR THE POLICE DEPARTMENTS ~ AYES: TO,AD OU ALL AYES: MEETING ADJOURNED AT 9:26 P.M. ~ .J ATTEST: 4 ~ D~ ~ ~ DEBOP4kH C. CITY CLERK CITY COUNCIL APPROVED THESE MINUI~S AT THE APRIL MOTION CARRIED. MOTION CARRIED. 1986, COUNCIL MEETING.