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HomeMy WebLinkAbout12171986MINUTES BID OPENINGS, PUBLIC HEARINGS, REGULAR CITY COUNCIL MEETING WEDNESDAY, DECEMBER 17, 1986 - 7:00 P.M. MAYOR HARRIS CALLED THE MEETING TO ORDER AT 7:00 P.M. VICE MAYOR ROTH LED THE PLEDGE OF ALLEGIANCE. CHURCH OF GOD. RQ~ COUNCILMAN n~~. D RON~U MAYOR L. GENE [~RRI~ ~_ ATTORNEY THO~ ~C. P~LMER 1. ANNQUNCEMENTS CHAPEL 3_ ACCERT_ANC QF 8I UT a NO MINUTES WERE PRESENTED FOR APPROVAL. 4. BID QR~!~GI~I ATTORNEY PALMER OPENED THE ONLY BID AND READ AS FOLLOWS: CLIMATIC .......................... $3,528.00 MOTION BY COUNCILMAN VALLONE, SECONDED BY COUNCILMAN MCCARTHY, TO' REFER THE BID TO STAFF FOR THEIR RECOMMENDATION TO COUNCIL BEFORE THE END OF THE MEETING. DISCUSSION FOLLOWED ON MEANS TO OBTAIN MORE BIDS. MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN VALLONE, TO READVERTISE FOR BID FOR THE AIRCONDITIONER FOR PUBLIC WORKS/ENGINEERING IN THE TODAY PAPER AND THE PRESS JOURNAL. ALL AYES: ~Q~!Q~ ~ARRIED BID OPENINGS, PUBLI~ HEARINGS, REGULAR COUNCIL MEETING PAGE 2 ATTORNEY PALMER OPENED THE THREE BIDS AND READ AS FOLLOWS: ROSS ..................................... $2680.00 BEAR ...................................... 2756.50 COUNTS .................................... 3085.00 ALL AYES: ~ ~ MQT!Q~ QASS~ED 5~ PRQCL-_AMATIQN(S) ak JEAN TARBELL_ - EMPL_QY__F~E_ CF TH E_AR ATTORNEY PALMER READ A PR(~CLAMA~[I~ON, PROCLAIMING JEAN MAYOR HARRIS PRESENTED THE PROCLAMATION AND A PLAQUE MAYOR HARRIS OPENED THE PUBLIC HEARING AT 7:1 TARBELL TO JEAN ATTORNEY PALMER READ, BY TITLE ONLY, AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, CREATING CHAPTER 22; THE "LATE NIGHT RETAIL STORES"; PROVIDING DEFINITIONS; ESTABLISHING REGULATIONS, ESTABLISHING SECURITY MEASURES INCLUDING TRAINING, SILENT ALARM SYSTEM; LIGHTING REQUIREMENTS; VISIBILITY REQUIREMENTS; ESTABLISHING A RIGHT OF ENTRY FOR INSPECTION; ESTABLISHING PENALTIES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. MAYOR HARRIS CALLED FOR PUBLIC INPUT. BILL WEAVER, PRESIDENT OF THE RETAIL GROCER'S ASSOCIATION RECOMMENDED AGAINST APPROVAL OF THE ORDINANCE, STATING THAT CRIME REDUCTION CANNOT BE LEGISLATED. PETE TARBELL, A LOCAL BUSINESS OWNER, AGREED WITH MR. WEAVER. HAROLD MANN, OWNER OF MANN'S JIFFY MART AND OTHER RETAIL STORES, AND CHAIRMAN OF THE CONVENIENCE STORE COUNCIL, STATED THAT THE ORDINANCE IS NOT NECESSARY SINCE HIS STORES ALREADY COMPLY. JIM GALLAGHER, FORMER MAYOR OF SEBASTIAN, URGED COUNCIL TO BID OPENINGS, PUBLIC HEARINGS, REGULAR COUNCIL MEETING PAGE 3 APPROVE THE ORDINANCE. TIM CASEY, SOUTHLAND CORPORATION, STATED THAT CRIME CANNOT BE LEGISLATED. MAYOR HARRIS CLOSED THE PUBLIC HEARING AT 7:42 P.M. ~ ABANDQ~ Q~X ~ROPERTY MAYOR HARRIS OPENED T~U~C~A'~I~ 7:42 P.M. ATTORNEY PALMER READ, BY TITLE ONLY, \A~ ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, E~CTING A NE~ 3ECTION 2-65 AND THEREBY PROVIDING PROCEDURE~I~ THE SALE ~R ABANDONMENT OF REAL AND PERSONAL PROPERTY OWNB~.B~Y ~44E C'~£Y; i*~OVlDING AN EFPECTIVE DATE. MAYOR HARRIS CALLED FOR PU~I~. THERE BEING NONE MAYOR HARRIS CL~D THE PUBLIC HEARING AT 7:43 P.M. B~Q~Q~ - GREE~ ~~/ MAYOR HARRIS OPENED THE PUBLIC HEARING AT 7:43 P.M. ATTOR AL -- c Ty DP SEBAS~, F~RID~,< R~A~I~ES~TION, ~-~6~36 ~ND THEREBY AMEND~ REP~AI~ P~I~G~ EFF~TI~ ~E~ ~ ~ MAYOR HARRIS CALLED FOR PUBLIC INPUT. MR. JACKSON RECOMMENDED STRIKING T~IL FEES FROM THE RESOLUTION. ARTHUR LEMIRE RECOMMENDED GETTING INPUT FROM NEW GOLF COURSE DIRECTOR AND GOLF COURSE BUSINESS MANAGER. BILL MA~HAM STATED THAT GROUP ~TES SHOULD NOT ~FECT MEMBERS. RALPH DRE~ RECOMMENDED THAT COUNCIL APPROVE COUPLES TO PLAY ONCE A WEEK. PAULINE JESTER SAID SHE RESENTED COUNCIL CHANGING RULES AFTER SHE HAD JOINED THE GOLF COURSE. HARVEY JESTER AGREED WITH HER. GREGG SHORTELL AND BILL BARKER SPOKE ON THE RESOLUTION. TOM WALSH RECOMMENDED AGAINST TERMINATING CORPORATE MEMBERSHIPS. MAYOR HARRIS CLOSED THE PUBLIC HEARING AT 8:21 P.M. 3 BID OPENINGS, PUBLIC HEARINGS, REGULAR COUNCIL MEETING PAGE 4 RECESS WAS CALLED AT 8:21 P.M. MEETING WAS RECALLED AT 8:30 P.M. ALL MEMBERS WERE PRESENT AT RECALL. MAYOR HARRIS STATED THAT ALTHOUGH NOT ON THE AGENDA ACTION WOULD NOW BE TAKEN ON THE PUBLIC HEARING ITEMS. 6a~ LATE NIGHT RETAIL QRDINANCE_ SEBASTIAN, FLORIDA, CI~TIb-G CHAPTE~W~2; THE "LATE NIGHT RETAIL ESTABLISHING ~ RIGHT--OF ~NTRr FOR INSPECTION, ESTABLISHING l1 MOTION BY COUNCILM~N MCC~R%~ ~ONDED BY VICE ~YOR ROTH~ TO ADOPT THE O~INANCE AS READ,~ ~ TI~E ONLY, BY THE CITY ATTORNEY. J ATTORNEY PALMER READ, BY TITLE ONLY, AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ENACTING A NEW SECTION 2-65 AND THEREBY PROVIDING PROCEDURES FOR THE SALE OR ABANDONMENT OF REAL AND PERSONAL PROPERTY OWNED BY THE CITY; PROVIDING AN EFFECTIVE DATE. MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN VALLONE, TO ADOPT THE ORDINANCE AS READ, BY TITLE ONLY, BY THE CITY ATTORNEY. ROLL CALL VOTE: AYES: VICE MAYOR ROTH COUNCILMAN MCCARTHY COUNCILMAN RONDEAU COUNCILMAN VALLONE MAYOR HARRIS BID OPENINGS, PUBLIC HEARINGS, REGULAR COUNCIL MEETING PAGE 5 ATTORNEY PALMER READ, BY TITLE ONLY, A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING RESOLUTION R-86-36 AND THEREBY AMENDING THE RATES FOR GREENS FEES AND GOLF CARTS FEES FROM THE EFFECTIVE DATE OF THIS RESOLUTION UNTIL THIS RESOLUTION IS AMENDED OR REPEALED; PROVIDING AN EFFECTIVE DATE. MOTION BY COUNCILMAN VALLONE, SECONDED BY COUNCILMAN RONDEAU, TO TABLE ACTION ON THE RESOLUTION UNTIL THE JANUARY 7, 1986, WORKSHOP. ROLL CALL VOTE: AYES: COUNCi~ ~A~-i-~ COUNC I L~A~ RONDEAU NAYS: VICE ~ R~H -- ~Q~%Q~ ~ARRIED MAYOR HARRIS OPENED THE PUBLIC INP~ AT 8:36 P.M. ARTHUR LEMIRE RECOMMENDED ~J~.R~G_~N OUTSIDE CONSULTANT TO INSPECT CITY BO~LDINCS ~T~R HZ SPOKE ON THE ~XISTINC POL~C~ DEPARTMENT BOILD~ ~ __ GEORG~ %~M~TCA~F ST~--~E ~O~ THA' COU~C&UL~ NOTHING KEVIN CROWE SPOKE ON RENTAL SPACE AT THE STRNAD BUILDING. DISCUSSION FOLLOWED AND THE POSSIBILITY CHESSER'S GAP. ON THE EXISTING POLICE DEPARTMENT OF ACQUIRING THE OFFERED TWO BUILDING ACRES AT MOTION BY COUNCILMAN RONDEAU, SECONDED BY COUNCILMAN MCCARTHY, TO TAKE ACTION TO ACCEPT THE PROPERTY AT CHESSER'S GAP AND MAKE PLANS FOR A NEW POLICE DEPARTMENT BUILDING. VICE MAYOR ROTH STATED THAT THIS MOTION WAS OUT OF ORDER SINCE THE PROPERTY AT CHESSER'S GAP WAS NOT ON THE AGENDA. MOTION BY COUNCILMAN VALLONE, SECONDED BY COUNCILMAN MCCARTHY, TO 5 BID OPENINGS, PUBLIC HEARINGS, REGULAR COUNCIL MEETINGS PAGE 6 DISCUSSION FOLLOWED ON WHERE THE FUNDS WOULD COME FROM FOR THE RENTAL. COUNCILMAN VALLONE WITHDREW HIS MOTION, WITHDREW HIS SECOND. COUNCILMAN MCCARTHY MOTION BY COUNCILMAN VALLONE, TO ACCEPT THE LEASE TEMPORARILY IF NECESSARY FUNDS ARE AVAILABLE; ALLOW THE FINANCE DIRECTOR TO MOTION DIED FOR LACK ~P A S~COND. \/ 9. BIDS FQR GOLF COUa~NX[~ ~ S~}I BILL VINCENT STATED NO BIDS WERE RECEIVED AND RECOMMENDED GOING BACK TO BID TO OTHER AREAS._-_ ~ MOTION BY VICE MAYOR ROTH, ~ECON~D BY COUNCILMAN VALLONE, TO CONCUR WITH THE RECOMMENDATION OF ~.~LL VINCENT. ALL AYES: ~ _~ SQ~!Q~ CARRI~ MAYOR ~H~RIS ~REA. B-'~ME~O~% ~ROI~ ~CITY CLER~ R~RDIS-(~ COUNCIL ADOPT NEW MEETINGS PROCEDURES RECOMMENDED BY THE CITY CLERK. ROLL CALL VOTE: AYES: VICE MAYOR ROTH COUNCILMAN MCCARTHY COUNCILMAN RONDEAU COUNCILMAN VALLONE MAYOR HARRIS ~Q~Q~ ~ARRIED ATTORNEY PALMER STATED THAT EXISTING RESOLUTION SETTING MEETING PROCEDURES MUST BE AMENDED. HE SAID HE WOULD HAVE IT AT THE NEXT MEETING. MAYOR HARRIS SAID HE KNEW NOTHING OF ARTICLE IN NEWSPAPER ABOUT FUNDS FOR LIGHT AT U.S. #1 AND SCHUMANN DRIVE BEING DEFERRED. MAYOR HARRIS REQUESTED THAT VICE MAYOR ROTH WORK WITH HECTOR FRANCO AND HIM ON SETTING UP A STREET PLAN FOR THE CITY. BID OPENINGS, PUBLIC HEARINGS, REGULAR COUNCIL MEETINGS PAGE 7 MOTION BY COUNCILMAN RONDEAU, SECONDED BY COUNCILMAN MCCARTHY, TO PROCEED WITH ACTION TO ACQUIRE LAND AT CHESSER'S GAP AND MAKE PLANS FOR A NEW POLICE DEPARTMENT BUILDING. MAYOR HARRIS QUESTIONED WHAT THE OWNERS CONSIDERED A REASONABLE TIME FOR CONSTRUCTION IF THE LAND IS ACCEPTED. HENRY FISCHER STATED~OW~WE~ Wt~I~9~ATE LAND IF BUILDING IS ATTORNEY PALMER SAID A5 ~R~EMEN~ COUL~ ~BE WRITTEN UP WHEREBY THE THE CITY WOULD BE DEED~D~ ~HE LAN~ AND ~ THE POLICE DEPARTMENT IS NOT BUILT WITHIN TWO ~k~S~HE 5_.AND R~URNS TO THE OWNER. HE SAID A SURVERY WOULD HAVE TO BE DONE. ROLL CALL VOTE: AYES: VICE MAYOR COUNCILMAN F COUNCILMAN COUNCILMAN MAYOR HARRIS ATTORN-~A~ME~ ..~,~FC~TBF~RS.~_~IM.?,.,. ~ ~T~ ~NLY, AN O~INANCE OF THE CI~ OF SEBASTIAN, FLORIDA, AMENDING SECTION 8- 20, 8-28, 8-30, 8-34.1, AND 8-37, AND T~EREBX ~NDING THE OPEN HOURS, APPROVAL OF WO~ IN GRAVE SITES, NUMBER OF INTERMENTS, CONCRETE BASES, AND LIVING MEMORIALS; PROVIDING AN EFFECTIVE DATE. MOTION BY COUNCILMAN RONDEAU, SECONDED BY COUNCILMAN VALLONE, TO ACCEPT THE FIRST READING AND SET FOR PUBLIC HEARING ON JANUARY 14, 1986, THE ORDINANCE AS READ FOR THE FIRST TIME, BY TITLE ONLY, BY THE CITY ATTORNEY. ALL AYES: ~Q~Q~ CARRI~ NEW ~~ ~ ~Q~ : ~ECREATIQ~ E~CILITIES MOTION BY COUNCILMAN VALLONE, SECONDED BY VICE MAYOR ROTH, TO APPROVE THE USE OF ALCOHOLIC BEVERAGES AT THE COMMUNITY CENTER ON DECEMBER 31, 1986, FOR THE ITALIAN/AMERICAN CLUB. BID OPENINGS, PUBLIC HEARINGS, REGULAR COUNCIL MEETING PAGE 8 MOTION BY COUNCILMAN VALLONE, SECONDED BY COUNCILMAN RONDEAU, TO APPROVE THE USE OF ALCOHOLIC BEVERAGES AT THE COMMUNITY CENTER ON DECEMBER 23, 1986, FOR HALE INDIAN RIVER GROVES 15. ~QUEST FRQ~ ~CHUTZHUND _Al~ ~QLICE ~~Q~ ~_R~~ m ~ AFTER SOME DISCUSSION MAYOR HARRIS REQUESTED ATTORNEY PALMER TO LOOK INTO WHETHER OR NOT THE BLEACHERS WOULD BE COVERED BY CITY INSURANCE. ATTORNEY PALMER REA~ BY ~ITLE ONLy,/ A RESOLUTION VACATING, ABOLISHING, ABANDONI~G~-~ND DISCONTINUING EASEMENT BETWEEN THE SOUTH WEST SIDE OF 50~ ~ ~ND THE ~ORT~ ~AST SIDE OF LOT 10, BLOCK 490, UNIT 15, SEBASTI/%N-44%G2~4~AND~ ACO6YRDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK I 8-44D, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. ~ --~ ATTORNEY PALMER READ BY II~IEO~LY, A RESOLUTION VACATING, ABOLISHING, ABANDONING AND EISC~TINUING EASEMENT BETWEEN THE SOUTH WEST SIDE OF LOT 1] ~/~£ ?H~ NORTH EAST SIDE OF LOT 11, BLOCK 490, UNIT 15, SEBA~ HI_JgHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK I 8-44D, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. MOTIO CCU O~ ~ ~, DE~ BY COU AN RTHY, TO !!- ]?OM NA~QN'S R_EPQRT MOTION BY COUNCILMAN VALLONE, SECONDED BY COUNCILMAN MCCARTHY, TO INSTRUCT ATTORNEY PALMER TO DRAFT A RESOLUTION TO PUT QUESTION OF A CITY MANAGER FOR THE CITY ON REFERENDUM BALLOT FOR MARCH 1987. ATTORNEY PALMER SAID HE WOULD HAVE THE RESOLUTION FOR COUNCIL AT THE JANUARY 7, 1986, WORKSHOP MEETING. ROLL CALL VOTE: AYES: VICE MAYOR ROTH COUNCILMAN MCCARTHY COUNCILMAN RONDEAU COUNCILMAN VALLONE MAYOR HARRIS 8 BID OPENINGS, PUBLIC HEARINGS, REGULAR COUNCIL MEETING PAGE 9 MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN ACCEPT THE RESIGNATION OF GERALD OLTMAN FROM THE ZONING COMMISSION WITH REGRET. VALLONE, TO PLANNING AND ALL AYES: ~Q~Q~ CARRIED a- RESIGNATIQN - GRE~ GQ~ MOTION BY VICE MAYO~ .q~, SECONDE COUNCILMAN MCCARTHY, ACCEPT THE RESIGNATIO~i.~ C~G GQ.RE AS_LEGAL COUNSEL TO THE ENFORCEMENT BOARD WITH REGRET. MOTION BY COUNCILMAN VALLON~,% AMEND THE MOTION TO INCLUDE ~HE FOR PAST SERVICE. ROLL CALL VOTE: (AMENDMENT~ AYES: ROLL CALL VOTE  NDED BY VICE MAYOR ROTH, ING OF A PLAQUE TO GREG VICE MAYOR ROTH '" ~C~LM~--~CC~'~( (MOTION) ~~IED TO CODE TO GORE AYES: VICE MAYOR ROTH COUNCILMAN MCCARTHY COUNCILMAN RONDEAU COUNCILMAN VALLONE MAYOR HARRIS MOTION APPOINT BOARD. BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN MCCARTHY, TO STEVE LULICH AS LEGAL COUNSEL TO THE CODE ENFORCEMENT ROLL CALL VOTE: AYES: VICE MAYOR ROTH COUNCILMAN MCCARTHY COUNCILMAN RONDEAU COUNCILMAN VALLONE MAYOR HARRIS 9 BID OPENINGS, PUBLIC HEARINGS, REGULAR COUNCIL MEETING PAGE 10 EARL WITHERBY REPRESENTED VELOCITY AIRCRAFT. MOTION BY VICE MAYOR ROTH, SECONDED BY COUNCILMAN MCCARTHY, TO AUTHORIZE MAYOR HARRIS, ATTORNEY PALMER AND JOHN VAN ANTWERP TO SCRUTINIZE AN ASSIGNMENT OF LEASE FROM VALENTINE TO VELOCITY AIRCRAFT. AYES: VICE MAYOR ROTH COUNCI~A~MCCART~tY COUNCI~M'A'N]ROB!DEAIJ COUNCIL~rN VKI:LON~' MAYOR HARRIS PLA NING D ~ ___~ .... ~_ ~Q~ A~Q~T_M~ ZONING COMMISSION. ~Q~Q~ ~ARRIED COUNCILMAN VALLONE, TO TO THE PLANNING AND !l. a R. _,_:___ ~ THAT THEY SHOULD BE REQUIRED TO PAY IT. MAYOR HARRIS ADJOURNED THE MEETING AT 10:26 P.M. MINUTES OF THE MEETING WERE APPROVED AT THE OF THE CITY COUNCIL. MEETING ATTEST: MAYOR CITY CLERK 10