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HomeMy WebLinkAbout12211983REGULAR COUNCIL MEETING CITY OF SEBASTIAN DECEMBER 21, 1983 PRIOR TO THE REGULAR COUNCIL MEETING, THE SEBASTIAN VOLUNTEER AMBULANCE SQUAD GAVE A FILM PRESENTATION, SHOWING THE HISTORY OF THE AMBULANCE SQUAD. MAYOR FLOOD ANNOUNCED THAT SUPPORT IS NEEDED FOR THIS PROGRAM AND URGED ALL PERSONS INTERESTED TO PARTICIPATE. MAYOR FLOOD EXPRESSED HIS CONGRATULATIONS TO GERALD NAPPI, POLICE CHIEF, FOR COMPLETING THE EMERGENCY MEDICAL TECHNICIAN COURSE. REGULAR COUNCIL MEETING OF THE CITY OF SEBASTIAN, CITY COUNCIL WAS CALLED TO ORDER BY MAYOR PAT FLOOD, AT 7:30 P.M. PESENT: VICE MAYOR ROBERT FITZMAURICE COUNCILMAN RICHARD SZELUGA COUNCILWOMAN DOROTHY MCKINLEY COUNCILMAN JAMES GALLAGHER MAYOR PAT FLOOD, JR. CITY ATTORNEY DANIEL KILBRIDE MINUTES: REGULAR MEETING DECEMBER 21, 1983 COUNCILMAN GALLAGHER MADE THEFOLLOWING CORRECTIONS TO MINUTES: MINUTES OF 11/9/83; REGU OUN2 PAGE 4, DELETE VICE MAYOR FITIZMAURICE VOTING NAY, ON--PAGE 8, LINE \2~,/SHOULD READ CORPORAL LAUGHLIN, PAGE 9, 5TH LINE FROM THP. BO~TTOM, S.'~OW MR~ {SISKA BEING APPOINTED INSTEAD OF NOMINATED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY VICE MAYOR FITZMAURICE, TO APPROVE THE MINUTES OF REGULAR COUNCIL MEETING 10/10, 10/19, 11/9/83; MOTION CARRRIED. MAYOR FLOOD ANNOUNCED THAT A C~H~IS/TRA~ PARTY WILL BE HELD IN THE CITY COUNCIL CHAMBERS ON FRIDAY, DE~'E~M'BER-'T3, 1983 FOR ALL CITY EMPLOYEES AND CITY RESIDENTS. ATTORNEY'~M~TERS I ~ ~ ~ ~ __ __ ~ ~ J ~ ATTORNEY KILBRIDE READ FOR THE SECOND TIME BY TITLE ONLY AN ORDINANCE CREATING SECTION 21-4 THROUGH 21-7 OF THE CODE OF ORDINANCES BY AUTHORIZING POLICE DEPARTMENT TO TAKE POSSESSION OF STOLEN, WRECKED OR ABANDONED PERSONAL PROPERTY; REQUIRING OWNER TO BE NOTIFIED, WHERE POSSIBLE; AUTHORIZING SALE OF SUCH PROPERTY; PROVIDING FOR DISPOSITION PROCEEDS; PROVIDING SEVERABILITY CLAUSE AND EFFECTIVE DATE. MOTION BY COUNCILWOMAN MCKINLEY, SECONDED BY VICE MAYOR FITZMAURICE, TO ACCEPT THE SECOND READING BY TITLE ONLY OF AN ORDINANCE CREATING SECTION 21-4 THROUGH 21-7 OF THE CODE OF ORDINANCES BY AUTHORIZING POLICE DEPARTMENT TO TAKE POSSESSION OF STOLEN, WRECKED OR ABANDONED PERSONAL PROPERTY; REQUIRING OWNER TO BE NOTIFIED WHERE POSSIBLE; AUTHORIZING SALE OF SUCH PROPERTY; PROVIDING FOR DISPOSITION PROCEEDS; PROVIDING SEVERABILITY CLAUSE AND EFFECTIVE DATE, WITH THE CORRECTIONS AS SPECIFIED AT THE PUBLIC HEARING. FOR CLARITY, ATTORNEY KILBRIDE STATED THAT THE AMENDED LANGUAGE ON SECTION 21-7 THE SECOND SENTENCE WILL NOW READ, ALL OF THE PROCEEDS THEREOF, LESS THE CITY'S COSTS, CHARGES AND EXPENSES, AS DETERMINED BY THE CHIEF OF POLICE, SHALL BE RETAINED BY THE CITY IN A SPECIAL FUND TO BE UTILIZED FOR SAFETY PROGRAMS, OR TO FURTHER AID LAW ENFORCEMENT. ROLL CALL VOTE: A YES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. MINUTES: REGULAR COUNCIL DECEMBER 21 ~ 1983 MAYOR'S MATTERS MAYOR FLOOD REPORTED THAT DURING THE 1980-81 AMD 1981-82 BUDGET, $5,000.00 HAS BEEN SET ASIDE EACH YEAR TO PRODUCE $10,000.00 FOR THE PURCHASE OF A NEW AMBULANCE AND THAT THE CHECK WAS GIVEN TO THE AMBULANCE SQUAD FOR THE PURCHASE OF A NEW AMBULANCE FOR THE SEBASTIAN DIVISION. THE AMBULANCE WILL BE READY FOR USE AND SERVING THE SEBASTIAN AREA NEXT WEEK. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO BRING TO THE FLOOR FOR DISCUSSION AND POSSIBLE ACTION, THE ANNEXATION REQIEST FROM DR. HENRY FISCHER. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY MOTION NOT CARRIED, A UNANIMOUS VOTE OF THE COUNCIL IS NEEDED FOR A MATTER TO BE BROUGHT TO THE FLOOR. SINCE THE ORDINANCES FOR ANNEXATION WERE PRESENTED FOR REVIEW TONIGHT AND A PORTION OF THE LEGAL DESCRIPTION IS NOT COMPLETE, COUNCILMAN SZELUGA AND COUNCILWOMAN MCKINLEY DI~ ~T~--~--~~OF THIS MOTION. ATTORNEY KILBRIDE STATED ~H~7~ WE WOULD HAIV~ THE ANNEXATION ORDINANCES COMPLETED FOR THE NEXT R.(GV~L~R£Y SCHBDULE~WORKSHOP MEETING, JANUARY 4, 1984. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY VICE MAYOR FITZMAURICE, TO BRING TO THE FLOOR FOR DISCUSSION AN/~B~S,~ ACTION THE POSSIBLE RETENTION OF MR. CARL PENNINGTON, TO REPRESENT 'THE~'~ITY IN TALLAHASSEE, FLORIDA, REGARDING THE STRATTON AVENUE RAIL ROAD EXTENSI~. THERECOMMENDED ORDER OF THE HEARING OFFICER WHICH HAS BEEN SUBMITTED TO THAT IT W~U1)q~ ~E ~N THE<CITYI~S~ BE~,T~rNTERBST TO t{E~N LO~AL COUNCIL IN S~CRETAI~K"~Sy~,_R~t~T'~~ TIRF~fZ~O~]N. ArrOl~N~rI f-r~ZD*\ COMMENTED TH,~T HE SPECIFICALL~ IN ~DMINISTRATZVE LAW ANZ~ RECOMMENDED THAT HE BE RETAINED BY THE CITY. ATTORNEY KILBRIDE STATED THAT HE HAS A WRITTEN ASSURANCE FROM MR. NELSON HYATT THAT HE WILL REIMBUESE THE CITY FOR THE LEGAL FEES. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY VICE MAYOR FITZMAURICE, THAT CARL PENNINGTON BE RETAINED UPON- THE RECOMMENDATION OF OUR CITY ATTORNEY, TO REPRESENT THE CITY OF SEBASTIAN IN CONJUNCTION WITH OUR CITY ATTORNEY ON THIS END TO PURSUE OUR GOALS TO HAVE A CROSSING OPENED UP ON THE FLORIDA EAST COAST RAIL ROAD TRACKS. MOTION CARRIED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILMAN SZELUGA, TO BRING TO THE FLOOR FOR DISCUSSION AND POSSIBLE ACTION, THE ORDINANCE AMENDING THE STANDARD OPERATING PROCEDURES FOR PERSONNEL ADMINISTRATION. MOTION CARRIED. ATTORNEY KILBRIDE READ FOR THE FIRST TIME BY TITLE ONLY AN ORDINANCE AMENDING ORDINANCE NO. 0-79-5 (1), THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES FOR PERSONNEL ADMINISTRATION BY PROVIDING IN ITS FAIR EMPLOYMENT PRACTICE THAT IT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. VICE MAYOR FITZMAURICE RECOMMENDED THAT THE LANGUAGE PROVIDING FOR A SEVERABILITY CLAUSE AND ESTABLISHING AN EFFECTIVE DATE, BE ADDED TO THE ORDINANCE TITLE. MINUTES: REGULAR COUNCIL DECEMBER 21,1983 MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO ACCEPT THE FIRST READING BY TITLE ONLY OF AN ORDINANCE AMENDING ORDINANCE NO. 0-79-5 (1),THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES FOR PERSONNEL ADMINISTRATION BY PROVIDING IN ITS FAIR EMPLOYMENT PRACTICE THAT IT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSON; WITH THE AMENDMENT TO THE TITLE, TO INCLUDE LANGUAGE PROVIDING FOR A SEVERABILITY CLAUSE AND ESTABLISHING AN EFFECTIVE DATE. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. MAYOR FLOOD STATED THAT THE PUBLIC HEARING WOULD BE HELD, PRIOR TO THE REGULARLY SCHEDULED WORKSHOP MEETING, JANUARY 4, 1984. MOTION BY COUNCILMAN GALLAGHER , SECONDED BY VICE MAYOR FITZMAURICE , TO BRING TO THE FLOOR FOR DISCUSSION AND POSSIBLE ACTION AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF SEBASTIAN, BY ALLOWING PORUS PARKING SERVICES UNDER CERTAIN CONDITIONS. ~ -- ~----~ W MOTION CARRIED. ATTORNEY KILBRIDE READ FCR ~ FIRST 7IMEIB~ TITLE ONLY AN ORDINANCE AMENDING SECTION XIII (F) (2) OF ORdiNaNCE 2C2, ASIA~ENDED, OF THE CITY OF SEBASTIAN, THE SAME BEING THE ZONING O~_~INA__NCE~ OF TH~__~ITY, BY ALLOWING PORUS PARKING SURFACES UNDER CERTAIN CONDITIONS, SETTING FOR APPLICATION REQUIREMENTS AND PROCEDURES; PROVIDING A SEVERABI_~ITY CLAUSE AND AN EFFECTIVE DATE. MOTION BY COUNCILMAN GALLACNER, SECO.Vl~ED BY VICE MAYOR FITZMAURICE, TO ACCEPT THE FIRST READING BY TITLE ONLY,_~F AN ORDINANCE AMENDING SECTION XIII (F) (2) OF ORDINANCE 202, AS AM~'NDED, [OF THE CITY OF SEBASTIAN, THE SAME BEING TEE ZONING ORr~INANCS OF ¢S~ ~,Irfl, BZ ALLOWING POROUS PARKING SURFACES UNDER CERTAIN CONDITIONS, SETTI~r'FOtCTH APPLICATION REQUIREMENT AND PROCEDURES; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. \CChUNCILMAN SZELUG~ I NAYS: NONE MOTION CARRIED. MAYOR FLOOD STATED THAT THE PUBLIC HEARING WOULD BE HELD PRIOR TO THE REGULARLY SCHEDULED WORKSHOP MEETING, JANUARY 4, 1984. COUNCILMAN GALLAGHER COMMENTED THAT HE HAD RECEIVED A SUMMONS TODAY FROM THE INDIAN RIVER COUNTY SHERIFF'S DEPARTMENT, INDICATING THAT THE CITY OF SEBASTIAN IS BEING SUED BY CERTAIN MEMBERS OF THE SEBASTIAN MUNICIPAL GOLF COURSE, CONCERNING DISBAREMENT FROM THE 19TH HOLE RESTAURANT. COUNCILMAN GALLAGHER FELT IT WAS NOT FAIR TO TAKE MONEY AWAY FROM OTHER CITY PROGRAMS FOR THESE LEGAL EXPENDITURES. HE RECOMMENDED THAT THE CITY ATTORNEY REQUEST IN HIS RESPONSE TO THIS SUIT THAT ALL COURT COSTS AND ATTORNEY FEES BE RECOVERED. HE ALSO RECOMMENDED THAT THE CITY SET A POLICY ALLOWING FOR THE RECOVERY OF ALL LEGAL FEES IN THE FUTURE. ATTORNEY KILBRIDE EXPLAINED THAT HE HAD NOT REVIEWED THIS PARTICULAR CASE BUT THAT COURT COSTS ARE RECOVERABLE. HE STATED THAT HE WILL RESEARCH THE QUESTION AS TO WHETHER THE STATE RESTRICTS UNDER CERTAIN CIRCUMSTANCES THE RECOVERY OF ATTORNEY FEES FROM PREVAILING PARTIES. THERE BEING NO OBJECTIONS FROM THE COUNCIL, MAYOR FLOOD INSTRUCTED ATTORNEY KILBRIDE TO INCLUDE THIS REQUEST IN HIS RESPONSE TO THE SUIT. ATTORNEY KILBRIDE COMMENTED THAT IT IS NORMAL PROCEDURE AT THE END OF A CASE FOR ONE PARTY OR THE OTHER TO REQUEST THAT COURT COST BE PAID AND WHERE THE STATUTE ALLOWS IT, ATTORNEY FEES ALSO. THE CITY CLERK READ A LETTERFROM SHANNON L. TURNER, CUSTOMER SERVICE, FLORIDA POWER AND LIGHT COMPANY, REGUESTING THAT A RESOLUTION BE PREPARED NAMING THE FOLLOWING ORGANIZATIONS TO BE TAX EXEMPT: SHILO YOUTH RANCH, FIRST BAPTIST CHURCH, UNITED METHODIST CHURCH, ST. WILLIAMS CATHOLIC CHURCH, SEBASTIAN CHURCH OF CHRIST, CHURCH OF GOD, AND THE SEBASTIAN VOLUNTEER FIRE DEPARTMENT. MINUTES: REGULAR COUNCIL DECEMBER 21, 1983 AFTER A BRIEF DISCUSSION, COUNCILMAN GALLAGHER, REMARKED THAT SHILO YOUTH RANCH NOT BE INCLUDED SINCE IT IS NOT LOCATED WITHIN THE CITY. MAYOR FLOOD RECOMMENDED THAT THE SEBASTIAN AMBULANCE SQUAD BE INCLUDED AND THAT THE CITY ATTORNEY PREPARE THE RESOLUTION. IN RESPONSE TO COUNCILMAN SZELUGA'S QUESTION, ATTORNEY KILBRIDE STATED THAT HE WOULD CHECK TO SEE WHETHER THE CITY HAS THE AUTHORITY TO EXEMPT THESE ORGANIZATIONS AND IF SO, PREPARE THE RESOLUTION. COUNCILMAN GALLAGHER REPORTED THAT THE AGREEMENT BETWEEN THE PARKS AND RECREATION COMMITTEE AND THE FOURTH OF JULY COMMITTEE, ALLOWING THE 4TH OF JULY COMMITTEE TO MAN THE CONCESSION STAND AT THE BARBER STREET BALL FIELD HAS BEEN PREPARED AND APPROVED BY BOTH COMMITTEES. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY VICE MAYOR FITZMAURICE, THAT THE AGREEMENT FOR MANNING THE REFRESHMENT STAND BETWEEN THE FOURTH OF JULY COMMITTEE AND THE SEBASTIAN RECREATION DEPARTMENT BE APPROVED. MOTION CARRIED WHEN MAYOR FLOOD CALLED FOR A VOTE, NO NAYE VOTE WAS HEARD. COUNCILMAN SZELUGA REMARKED THAT HE IS GOING TO VOTE IN FAVOR OF THIS MOTION BUT RECOMMENDED THAT THE TERM "RECREATION DEPARTMENT" BE CHANGED TO "RECREATION COMMITTEE", SINCE THE CITY OF SEBASTIAN DOES NOT HAVE A MOTION SY COUNCILMAN SZE~.U~A, ~E~ON~ED B~ CpUNCILWOMAN MC~<INLEY, THAT THE FIRST PARAGRAPH WHERE IT SAN REUREATION ~PARTMENT OF THE CITY OF SEBASTIAN AND THE FOURTH OF JULY CC~M~I~T~E, T~AT TH~ [WORKS, "RECREATION DEPARTMENT" BE DELETED. ~ -- -- ~ MOTION AMENDED BY COUNCILMAN S~B-b~GA,---T-~AT ANY ST A TEMENTS DEFINING RECREATION MAYOR F L O O79--'S T A T-ff-D-' T Fr~'T~ H E ~-D I D~-~ O T~-h~E A R A -'N A Y --~ O ~ COUNCILMAN SZELUGA WAS GOING TO VOTE IN FAVOR OF THE MO WAS PASSED TED THAT HE ATEMENT WHEN STATEMENT THAT 'ION. MAYOR FLOOD ASKED FOR A ROLL CALL VOTE ON THE MOTION TO RECONSIDER THE ORIGINAL MOTION. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY MAYOR FLOOD NAYS: COUNCILMAN GALLAGHER MOTION NOT CARRIED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILMAN SZELUGA, THAT MR. JOSEPH SISKA AND MR.DAVID NISBET BE REAPPOINTED TO THE GOLF COURSE BOARD OF DIRECTORS FOR TWO YEARS. ROLL CALL VOTE: AYES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY MAYOR FLOOD NAYS: NONE MOTION CARRIED. THE CITY CLERK REPORTED THAT IT WAS THE RECOMMENDATION OF THE CITY ATTORNEY NOT TO GRANT THE ABANDONMENT OF EASEMENT BETWEEN LOT 11 AND LOT 12, BLOCK 19, UNIT #1, SEBASTIAN HIGHLANDS AT THIS PARTICULAR TIME. HE EXPLAINED THAT THIS REQUEST IS PRIMARILY FOR THE CONVENIENCE OF THE APPLICANT AND IN VIEW OF THE FACT THAT PART OF THE EASEMENT IS IN USE, EVEN THOUGH IT IS ONLY A GUIDE WIRE EASEMENT, THERE MIGHT BE A FUTURE USE FOR IT. IF IN THE FUTURE THE PRESENT OWNER DECIDES TO SELL HALF OF THE LOT THEN AT THAT TIME THERE IS A NEED AND WE CAN ABANDON THE TWO SIDE LOT EASEMENTS AND CREATE A NEW ONE. IN THE MEANTIME, THE OWNER HAS FULL USE OF THE LAND AND CAN USE IT FOR WHATEVER MINUTES: REGULAR COUNCIL DECEMBER 21, 1983 PURPOSE AS LONG AS IT DOSEN'T PERMANENTLY PREVENT THE LAND FROM BEING USED FOR THIS INTENDED PURPOSE. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO TABLE THIS ABANDONMENT OF EASEMENT REQUEST FROM MR. RONDEAU. COUNCILMAN GALLAGHER WITHDREW~ HIS MOTION, SECOND WITHDRAWN BY COUNCILWOMAN MCKINLEY. MOTION BY VICE MAYOR FITZMAURICE, SECONDED BY COUNCILMAN SZELUGA, THAT THE REQUEST FOR ABANDONMENT OF EASEMENT AS SUBMITTED BY MR. RONDEAU BE DENIED WITHOUT PREJUDICE FOR HIM TO APPLY FOR FUTURE SUBMISSION. MOTION CARRIED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO BRING TO THE FLOOR FOR DISCUSSION AND POSSIBLE ACTION, THE ABANDONMENT OF EASEMENT FOR TRACT E & F, UNIT 17, SEBASTIAN HIGHLANDS. (RESIDENTIAL) (GENERAL DEVELOPMENT CORP), MOTION CARRIED~' THE CITY CLERK READ BY TITLE ONLY A RESOLUTIDN VACATING, ABOLISHING, ABANDON- ING AND DISCONTINUING EASEMENT OF THE NORTH EAST SIDE OF TRACT E AND THE SOUTH WEST SIDE OF TRACT F, UNIT 17, SEBASTIAN HIGHLANDS. (RESIDENTIAL) (GENERAL DEVELOPMENT). MOTION BY COUNCILMAN SZELUSA, SECONBED m~ CpUNCILWOMAN MCKINLEY, TO ADOPT A RESOLUTION VACATING, ABOr.~H1NG, ABANDOniNG AND DISCONTINUING EASEMENT OF THE NORTH EAST SIDE O~ r.R~CT E AIID THEI~OUTH WEST SIDE OF TRACT F, UNIT 17. SEBASTIAN HIGHLANDS. (RES~Tl~L) '-~ENER~ DEVELOPMENT). ROLL CALL VOTE: AY~,~VI~AYOR FITZMAURICE I ~ ~OU~J,~LMAN SZELUGA IOU~ILWOMAN MCKINLEY iOU~.~ILMAN GALLAGHER .~AY~R FLOOD NAYS: NONE SCHUM BE REIMBURSED FOR HIS TRAVEL EXPENSE. MOTION CARRIED. MOTION BY COUNCILMAN GALLAGHER, SECONDED BY COUNCILWOMAN MCKINLEY, TO BRING TO THE FLOOR FOR DISCUSSION AND POSSIBLE ACTION THE MATTER REGARDING RE- IMBURSEMENT OF TRAVEL EXPENSE FOR VICE MAYOR FITZMAURICE. MOTION NOT CARRIED, COUNCILMAN SZLEUGA VOTED NAY. ON BEHALF OF THE CITY RESIDENTS AND HIMSELF, COUNCILMAN GALLAGHER THANKED VICE MAYOR FITZMAURICE FOR ATTENDING THE FLORIDA NATIONAL LEAGUE OF CITIES CONFERENCE. VICE MAYOR FITZMAURICE REMARKED THAT HE DID NOT REQUEST REIMBURSEMENT FOR HIS TRIP BUT REQUESTED THAT SECTION 2.05 OF THE CHARTER BE AMENDED, SO A UNANIMOUS VOTE IS NOT NEEDED FOR ANY TRAVEL REIMBURSEMENT AND THAT THE COUNCIL AND MAYOR RECEIVE COMPENSATION RATHER THAN SALARY. THERE BEING NO OBJECTIONS, ATTORNEY KILBRIDE STATED THAT HE WOULD HAVE THE PROPOSED CHARTER AMENDMENT READY FOR REVIEW AT THE NEXT REGULAR WORKSHOP MEETING. THERE BEING NO OBJECTIONS, MAYOR FLOOD INSTRUCTED ATTORNEY KILBRIDE TO DRAW UP THE NECESSARY ORDINANCE REGARDING GARBAGE PICK UP SO IT CAN BE REVIEWED AND READY FOR DISCUSSION AT THE NEXT WORKSHOP MEETING. THERE BEING NO FURTHER DISCUSSION, MEETING ADJOURNED 8:45 P.M. CITY CLERK MAYOR MINUTES APPROVED AT REGULAR COUNCIL MEETING ON MARCH 14, 1984. PUBLIC HEARING CITY OF SEBASTIAN DECEMBER 21, 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 COUNCILWOMAN DOROTHY MCKINLEY COUNCILMAN JAMES GALLAGHER MAYOR PAT FLOOD, JR. CITY ATTORNEY DANIEL KILBRIDE DUE TO A MALFUNCTION OF THE SLIDE PROJECTOR, MAYOR FLOOD ANNOUNCED THAT THE SLIDE PRESENTATION TO BE PRESENTED BY THE SEBASTIAN VOLUNTEER AMBULANCE SQUAD WILL BE HELD AFTER THIS PUBLIC HEARING TONIGHT. MINUTES: PUBLIC HEARING DECEMBER 21, 1983 THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, ON DECEMBER 11, 19, 1983, TO CONSIDER AN ORDINANCE CREATING SECTION 21-4 OF THE CODE OF ORDI_~_NANCE BY POSSESSION OF STOLEN, WRE~OR A~-----~ TO BE NOTIFIED, WHERE POSEIB~; AUTHORIZ1 FOR DISPOSITION PROCEEDS; [ROVIDING SBVER, ATTORNEY KILBRIDE READ IN~dS) E~TIRETY AN THROUGH 21-7 OF THE CODE O~"~RDI-NANC~'BY A CLAUSE AND EFFECTIVE D TE. DINANCE CREA NG SECT O HORIZZNC POP,CS D PAR ME T TO TASE POSSESSION OF STOLEN, WRECKED OR ABANDONED PERSONAL PROPERTY; REQUIRING OWNER TO BE NOTIFIED WHERE POSSIBLE, ~O~G SALE OF SUCH PROPERTY; PROVIDING FOR DISPOSITION PROCEEDS; PROV.[1MT~G SE~RABILITY CLAUSE AND EFFECTIVE DATE. COUNCILMAN SZELUGA WAS OF THE 9PIVION ~AT THE COST, CHARGES AND EXPENSES CONNECTED WITH SEIZURE, STORAG~¥~ SEARCH FOR OWNERSHIP BE PROVIDED BY RESOLUTION, SINCE THE ORDINANC~,,~S .21DT PROVIDE ANY SPECIFIC AMOUNTS AND THAT IT ALSO BE SHOWN IN THE ORDINANCE WHO WOULD BE RESPONSIBLE FOR FEES CHARGED? IN REGARDS TO COUNCILMAN SZELUGA'S COMMENT, VICE MAYOR FITZMAURICE STATED THAT WE CAN POSSIBLY ADD ONE COMMENT TO SECTION 21-7 AND THAT THE SECOND SENTENCE READ "ALL OF THE PROCEEDS THEREOF, LESS THE CITY'S COSTS, CHARGES AND EXPENSES AS DETERMINED BY THE CHIEF OF POLICE" ATTORNEY KILBRIDE AND COUNCILMAN SZELUGA HAD NO OBJECTION TO THIS AMENDMENT TO THE LANGUAGE. MAYOR FLOOD STATED THAT THIS AMENDMENT WOULD BE MADE TO THE ORDINANCE, PRIOR TO THE SECOND READING. THERE BEING NO FURTHER DISCUSSION, PUBLIC HEARING CLOSED: 7:15 P.M. CITY CLERK MAYOR MINUTES APPROVED AT REGULAR COUNCIL MEETING ON MARCH 14, 1984.