HomeMy WebLinkAbout12121984 PUBLIC HEARING AND REGULAR
CITY COUNCIL MEETING
DECEMBER 12, 1984 - 7:00 P.M.
MINUTES
MEETING CALLED TO ORDER BY MAYOR JIM GALLAGHER AT 7:00 P.M.
PRESENT:
VICE MAYOR DOROTHY MCKINLEY
COUNCILMAN RICHARD SZELUGA
COUNCILWOMAN LINDA KEENAN
CITY ATTORNEY THOMAS C. PALMER
MAYOR JIM GALLAGHER
ABSENT: COUNCILMAN KENNETH ROTH (EXCUSED)
COUNCILMAN RICHARD SZELUGA LEAD THE COUNCIL AND AUDIENCE IN THE PLEDGE
OF ALLEGIANCE TO THE FLAG.
MAYOR GALLAGHER STATED THAT PRIOR TO THE PUBLIC HEARINGS MR. JOE LIMBO,
VOLUNTEER, FOR THE UNITED WAY HAD A SMALL PRESENTATION AND FILM, WITH
NO OBJECTION FROM THE COUNCIL, MR. LIMBO INTRODUCED HIMSELF, BRIEFLY
EXPLAINED ABOUT THE UNITED WAY AND PREVIEWED THE FILM.
ELIZABETH REID, DEPUTY CITY ~K,---RE~E~LAMATION PROCLAIMING
MAYOR GALLAGHER PRESENTED T 'E OCLAMA I N hO' RS. PEGGY LEVELY, PRESIDENT,
SEBASTIAN SPRING CHICKEN BAA'D AND MRS. LEVEY~P~ESENTED THE MAYOR AND
COUNCIL WITH A PLAQUE, REQUBS~ ~HAT iT BE ~G IN CITY HALL, MAKING
THE MAYOR AND COUNCIL ALL MB ~__~S O__F TN~ SEB~TIAN SPRING CHICKEN BAND.
DEBORAH C. KRAGES, CITY CLERK, READ THE PROCLAMATION PROCLAIMING THE
MONTH OF J~NUARY, 1985, AS NATION~LO-~ER-- BLOOD DONOR MONTH.
I
CITY ATTORNEY, THOMAS C. PALMER, Rrl. D TH~ PROCLAMATIONS, ALAN FRIEND,
LEWIS FRIEND, AND E. KEITH PARKMAN P.ROC~IMING THEIR DEDICATION IN
VOLUNTEERING THEIR SELVES AND TH~ ~E CITY.
SUPERINTENDENT, SEBASTIAN MUNICIPAL GOLF COURSE, FOR THE ARTICLE ABOUT
HIMSELF AND THE COURSE THAT APPEARED IN THE FLORIDA GREEN, A GOLF COURSE
MAGAZINE.
MAYOR GALLAGHER OPENED THE PUBLIC HEARING AT 7:28 P.M.
ATTORNEY PALMER READ BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN,
FLORIDA, AMENDING SUB-PARAGRAPH (b) (5) OF SECTION 2-94 OF THE CODE
OF ORDINANCES OF THE CITY AND THEREBY REQUIRING THAT EACH MEMBER OF
THE CODE ENFORCEMENT BOARD BE A RESIDENT OF THE CITY OF SEBASTIAN AND
THAT IF A MEMBER CEASES TO BE A RESIDENT OF THE CITY THAT PERSON'S MEMBERSHIP
ON THE CODE ENFORCEMENT BOARD IS AUTOMATICALLY TERMINATED; PROVIDING
AN EFFECTIVE DATE.
THERE BEING NO COMMENTS FROM THE PUBLIC MAYOR GALLAGHER CLOSED THE PUBLIC
HEARING AT 7:29 P.M.
ATTORNEY PALMER READ FOR THE SECOND AND FINAL TIME BY TITLE ONLY AN
ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SUB-PARAGRAPH
(b) (5) OF SECTION 2-94 OF THE CODE OF ORDINANCES OF THE CITY AND THEREBY
REQUIRING THAT EACH MEMBER OF THE CODE ENFORCEMENT BOARD BE A RESIDENT
OF THE CITY OF SEBASTIAN AND THAT IF A MEMBER CEASES TO BE A RESIDENT
OF THE CITY THAT PERSON'S MEMBERSHIP ON THE CODE ENFORCEMENT BOARD IS
AUTOMATICALLY TERMINATED; PROVIDING AN EFFECTIVE DATE.
MOTION BY VICE MAYOR MCKINLEY, SECONDED BY COUNCILMAN SZELUGA, TO ADOPT
THE SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF SEBASTIAN,
FLORIDA, AMENDING SUB-PARAGRAPH (b) (5) OF SECTION 2-94 OF THE CODE
OF ORDINANCES OF THE CITY AND THEREBY REQUIRING THAT EACH MEMBER OF
THE CODE ENFORCEMENT BOARD BE A RESIDENT OF THE CITY OF SEBASTIAN AND
THAT IF A MEMBER CEASES TO BE A RESIDENT OF THE CITY THAT PERSON'S
MEMBERSHIP ON THE CODE ENFORCEMENT BOARD IS AUTOMATICALLY TERMINATED;
PROVIDING AN EFFECTIVE DATE:
MINUTES: PAGE 2 PUBLIC HEARING/REGULAR COUNCIL DECEMBER 12, 1984
ROLL CALL VOTE:
AYES:
VICE MAYOR MCKINLEY
COUNCILMAN SZELUGA
COUNCILWOMAN KEENAN
MAYOR GALLAGHER
NAYS: NONE
MOTION CARRIED.
MAYOR GALLAGHER CALLED THE SECOND PUBLIC HEARING TO ORDER AT 7:32 P.M.
ATTORNEY PALMER READ BY TITLE ONLY AN ORDINANCE OF THE CITY OF SEBASTIAN,
FLORIDA, ADDING A NEW SECTION 17-7 TO CHAPTER 17 OF THE CITY CODE, AND
THEREBY MAKING IT UNLAWFUL FOR UNAUTHORIZED PERSONS TO TRESPASS ON SPECIFIED
AREAS OF CITY PROPERTY WHERE POSTED WITH SIGNS OR WHEN INSTRUCTED TO
LEAVE THE PREMISES BY A POLICE OFFICER OF THE CITY; PROVIDING AN EFFECTIVE
DATE.
DR. BELLER, RESIDENT, STATED THAT THE ORDINANCE WAS A DANGEROUS ONE
FOR THE COUNCIL TO ADOPT THAT IT WAS TO GENERAL AND COULD BE USED ON
FACE VALUE ONLY AND THAT IT WOULD TAKE AWAY THE RIGHTS OF THE CITIZENS.
MAYOR GALLAGHER EXPLAINED THAT THE ORDINANCE WAS BEING PROPOSED AND
IT WAS FOR THE CITY TO KEEP UNAUTHORIZED PERSONS OUT OF THE MAINTENANCE
GARAGE ON LOUISIANA AVENUE AND THE MAINTENANCE SHOP AT THE GOLF COURSE,
ETC. AND THAT THE POLICE DEPARTMENT OR ANY PERSON IN THE CITY WOULD
MISUSE THE ORDINANCE.
MR. VAN DERBLOMIN, RESIDENT, STAT£D ~i~T HE FE:.T IT ~A~ FMPORTAN THE C THE
ORDINANCE AND THAT HE DID NOT FEE5 rT WOULD BE MISUSE~./ IT WAS HIS OPINION THAT THE
ORDINANCE WAS BEING PROPOSED FOR :H~j~TIZENS ?RgTECT~O~ AND THE CITY'S.
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THERE BEING NO FURTHER COMME~ F~ T~ PUBIC MAYOR GALLAGHER CLOSED
THE PUBLIC HEARING AT 7:38 P.M.
FOR ENFORCEMENT OF RESTRICTED AR~AS WWER~THEY WOULD HAVE NO BUSINESS BEING.
ATTORNEY PALMER READ FOR THE SECO~D~INAL TIME BY TITLE ONLY AN ORDINANCE
OF THE CITY OF SEBASTIAN, FLORIDA, ADDING A NEW SECTION 17-7 OF CHAPTER
17 OF THE CITY CODE~ AND THEREBY MAKING IT UNLAWFUL FOR UNAUTHORIZED PERSONS
FLORIDA, ADDING A NEW SECTION 17-7 TO CHAPTER 17 OF THE CITY CODE, AND
THEREBY MAKING IT UNLAWFUL FOR UNAUTHORIZED PERSONS TO TRESPASS ON SPECIFIED
AREAS OF CITY PROPERTY WHERE POSTED WITH SIGNS OR WHEN INSTRUCTED TO LEAVE
THE PREMISES BY A POLICE OFFICER OF THE CITY; PROVIDING AN EFFECTIVE DATE.
ROLL CALL VOTE:
A YES:
VICE MAYOR MCKINLEY
COUNCILMAN SZELUGA
COUNCILWOMAN KEENAN
MAYOR GALLAGHER
NAYS: NONE
MOTION CARRIED.
MAYOR GALLAGHER STATED UNDER MAYOR'S MATTERS THAT HE HAD RECEIVED HIS FIRST
CHECK FROM THE TRUST FUND THAT HAD BEEN ESTABLISHED ON HIS BEHALF AND HE
THANKED ALL WHO HAD CONTRIBUTED.
ATTORNEY PALMER STATED THAT HE HAD RESPONDED TO THE BARDGE AND TRUEWORTHY
REGARDING THE PURCHASE OF INDIAN RIVER DRIVE PROPERTY, FOR A NORTH PARK,
IN THE CITY LIMITS, HE STATED THAT HE HAD OFFERED TO DRAW THE LAND SALES
AGREEMENT AND THE COUNCIL COULD DECIDE WHETHER OR NOT TO REJECT TO ACCEPT
THE PROPOSAL FOR THE PROPERTY.
ATTORNEY PALMER READ FOR THE FIRST TIME BY TITLE ONLY, AN ORDINANCE ANNEXING
A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, LYING NORTH OF THE NORTH RAILROAD RIGHT-OF-WAY FOR COUNTY
ROAD 512, SOUTH OF THE TRANS FLORIDA RAILROAD RIGHT-OF-WAY, EAST OF THE
PLANNED PELICAN ISLAND ELEMENTARY SCHOOL, CONSISTING OF .58 ACRES, MORE
OR LESS; PROVIDING AN EFFECTIVE DATE.
MOTION BY VICE MAYOR MCKINLEY, SECONDED BY COUNCILWOMAN KEENAN, TO ACCEPT
THE FIRST READING, BY TITLE ONLY, OF AN ORDINANCE ANNEXING A PORTION OF
THE NW 1/4 OF THE NW 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST,
LYING NORTH OF THE NORTH RAILROAD RIGHT -OF-WAY FOR COUNTY ROAD 512, SOUTH
OF THE TRANS FLORIDA RAILROAD RIGHT-OF-WAY, EAST OF THE PLANNED PELICAN
ISLAND ELEMENTARY SCHOOL, CONSISTING OF .58 ACRES, MORE OR LESS; PROVIDING
AN EFFECTIVE DATE.
MINUTES: PAGE 3 PUBLIC HEARING/REGULAR COUNCIL DECEMBER 12, 1984
ROLL CALL VOTE:
A YES:
VICE MAYOR MCKINLEY
COUNCILMAN SZELUGA
COUNCILWOMAN KEENAN
MAYOR GALLAGHER
NAYS: NONE
MOTION CARRIED.
MAYOR GALLAGHER STATED THAT THE PUBLIC HEARING WOULD BE HELD ON JANUARY 9, 1985,
AT 7:00 P.M.
MAYOR GALLAGHER STAT. ED THAT THE COUNCIL WOULD TAKE A FIVE MINUTE RECESS.
8:05 P.M.
MAYOR GALLAGHER CALLED THE MEETING BACK TO ORDER AND ALL WERE PRESENT, 8:10 P.M.
ATTORNEY PALMER READ A RESOLUTION VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING EASEMENT BETWEEN THE NORTH EAST SIDE OF LOT 8 AND THE SOUTH
WEST SIDE OF LOT 9, BLOCK 288, UNIT 10, SEBASTIAN HIGHLANDS, ACCORDING
TO THE PLAT THEREOF, RECORDED IN PLAT BOOK I 6/37 F, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA.
MOTION BY COUNCILWOMAN KEENAN , SECONDED BY VICE MAYOR MCKINLEY, TO ADOPT
A RESOLUTION VACATING, ABOLISHING, ABANDONING AND DISCONTINUING EASEMENT
BETWEEN THE NORTH EAST SIDE OF LOT 8 AND THE SOUTH WEST SIDE OF LOT 9,
BLOCK 288, UNIT 10, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK I 6/37zw~,~PU~-LI~--~O~S~F INDIAN RIVER COUNTY,
FLORIDA.
ROLL CALL VOTE: AYES: ?ICE M~YOR ~CKI~L~Y
MAYOR GALLAGHER
NAYS: NONE~ --~ MOTION CARRIED.
~TTORNEY PALMER READ FOR THE FIRST. TIME, ~Y TITLE ONLY, AN ORDINANCE
OF THE CODE OF ORDINANCES AND 9 PR VZDINC THAT CONTRACTS
TO GO TO BIDDING PROCEDURES IF THE CONTRACT PRICE IS NOT MORE THAN TWENTY
TS~T, r~ ~ aM~GE~ A ~gTR~q~ ISOR ~USCSZSE O~ Sn~TI~ ~S RE~IRS TO
P~ZCE DOSS ~~C~SD JP~T~US~D~~ P~~G~ ~CTZVE
DATE.
ATTORNEY PALMER STATED THAT ON PAGE ONE OF THE PROPOSED ORDINANCE THE
COUNCIL SHOULD CONSIDER CHANGING THE WORD LIKELY TO PROBABLE, THIS IS
ON LINE 13 OF SECTION I, "IS HEREBY AMENDED TO READ AS FOLLOWS":
THERE WAS NO OBJECTION FROM THE COUNCIL AND ALL MADE HAND WRITTEN CHANGES
ON THE PROPOSED ORDINANCE.
MOTION BY COUNCILMAN SZELUGA, SECONDED BY VICE MAYOR MCKINLEY, TO ACCEPT
THE FIRST READING, BY TITLE ONLY, AN ORDINANCE OF THE CITY OF SEBASTIAN,
FLORIDA, AMENDING PARAGRAPH (b) SECTION 2-63, OF THE CODE OF ORDINANCES
AND THEREBY PROVIDING THAT CONTRACTS FOR THE PURCHASE OF SUPPLIES, MATERIALS,
EQUIPMENT OR SERVICE SHALL NOT BE REQUIRED TO GO TO BIDDING PROCEDURES
IF THE CONTRACT PRICE IS NOT MORE THAN TWENTY FIVE THOUSAND DOLLARS AND
THE CITY COUNCIL DETERMINES THAT THE BIDDING PROCEDURE IS NOT LIKELY
TO RESULT IN A LOWER CONTRACT PRICE; ALSO PROVIDING THAT, IN AN EMERGENCY,
A CONTRACT FOR PURCHASE OF PARTS OR REPAIRS TO THEN EXISTING CITY EQUIPMENT
OR MACHINERY MAY BE PURCHASED OR CONTRACTED FOR BY THE MAYOR WITHOUT
THE BIDDING PROCEDURE PROVIDED THE CONTRACT PRICE DOES NOT EXCEED FORTY
THOUSAND DOLLARS; PROVIDING AN EFFECTIVE DATE.
ROLL CALL VOTE:
A YES:
VICE MAYOR MCKINLEY
COUNCILMAN SZELUGA
COUNCILWOMAN KEENAN
MAYOR GALLAGHER
NAYS: NONE
MOTION CARRIED.
MAYOR GALLAGHER STATED THAT THE PUBLIC HEARING WOULD BE HELD AT 7:00 P.M.,
IN COUNCIL CHAMBERS, ON JANUARY 9, 1985.
MOTION BY COUNCILWOMAN KEENAN, SECONDED BY VICE MAYOR MCKINLEY, TO APPROVE
THE REQUEST FOR ALCOHOLIC BEVERAGES IN THE COMMUNITY CENTER ON JANUARY
11 AND 25, 1985, FOR A PRIVATE PARTY.
MOTION CARRIED.
MINUTES: PAGE 4 PUBLIC HEARING/REGULAR COUNCIL DECEMBER 12, 1984
MOTION BY COUNCILMAN SZELUGA, SECONDED BY COUNCILWOMAN KEENAN, TO ADJOURN
THE COUNCIL MEETING.
MOTION CARRIED.
MEETING ADJOURNED AT 8:17 P.M.
DEBORAH C. KRAGES, CITY CLERK
JIM GALLAGHER, MAYOR
MINUTES APPROVED AT JANUARY 2, 1985 COUNCIL MEETING