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Home My WebLink About01111989 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 M I N U T E S SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JANUARY 11, 1989 - 7:00 P.M. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS LISTED BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Mayor Votapka called the meeting to order at 7:00 p.m. The Finance Director led the Pledge of Allegiance. Invocation was given by Reverend Carl Robert Nerola - St. Elizabeth Episcopal Church 4. ROLL CALL Present: Councilman George Metcalf Councilman Robert McCarthy Councilman Peter Vallone Vice Mayor Kenneth Roth (excused at 9:53) Mayor Richard Votapka Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper Finance Director, Carol Carswell Assistant Public Works Director, Jerry Thomas Chief of Police, Earle Petty (left at 9:00 p.m.) City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio 89.002 89.004 88.170 88.177 88.129 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) MOTION by Vallone/McCarthy I move we move item 7 before item 6 and defer item 14A (88.046 Boudrot Real Estate Deed) to January 25, 1989. VOICE VOTE on the motion carried 5-0. 7. PROCLAMATIONS AND/OR ANNOUNCEMENTS Presentation - Mark W. Sanders - Employee of the Quarter - October, November, December 1988 Mayor Votapka presented Mark Sanders with a plaque honoring him as Employee of the Quarter for October, November and December 1988. B. Proclamation L Kenneth Fucci L Eagle Scout Mayor Votapka presented a proclamation to Kenneth Fucci, honoring his attainment of Eagle Scout status. 6. CONSENT AGENDA Approve Minutes - November 30, 1988 Special & Regular, December 14, 1988 Regular and January 4, 1988 Workshop Vehicles Purchase - Staff Recommendation - Reject Bid from Hertz Corp & Purchase Vehicles from State Contract Award Bid for Community Center Re-roofing to Reliable Roofing and Repair Service - $6,600 Resolution No. R-89-01 - Chief of Police Job Description Resolution No. R-88-77 - CR 512 & Thoroughfare Plan Ratify Real Estate Contract for Lot 6, Block 208, Unit 10, SH Mayor Votapka removed the January 4, 1989 minutes for discussion. Councilman McCarthy removed items D & E for discussion. 2 MOTION by Vallone/Roth I move we approve Consent Agenda items A. Approve Minutes - November 30, 1988 Special & Regular, December 14, 1988 Regular, 89.002 B. Vehicles Purchase - Staff Recommendation - Reject Bid from Hertz Corp & Purchase Vehicles from State Contract, 89.004 C. Award Bid for Community Center Re-roofing to Reliable Roofing and Repair Service - $6,600, and 88.129 G. Ratify Real Estate Contract for Lot 6, Block 208, Unit 10, SH. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Vice Mayor Roth - Aye Councilman Vallone - Aye Mayor Votapka - Aye MOTION CARRIED 5-0. Mayor Votapka requested that in the January 4, 1989 workshop minutes, page 3, item 89.002 Discussion - Vehicle Purchase, there be a description of the vehicles in the title as follows: "for seven used vehicles for the Police Department and Community Development Department" MOTION by Roth/Vallone I move we approve the January 4, 1989 workshop minutes as amended. VOICE VOTE on the motion carried 5-0. Councilman McCarthy reiterated that he would like Council to consider a college degree as being a requirement for the Chief of Police. MOTION by Metcalf/Roth I move we adopt Resolution No. R-89-01 Chief of Police job description. VOICE VOTE on the motion carried 4-1 (McCarthy - Nay) Following a lengthy discussion on Resolution No. R-88-77 CR 512 & Thoroughfare Plan and suggestion by Councilman McCarthy to strengthen the verbiage of Council's 'request' to the Board of County Commissioners, the following motion was made: MOTION by McCarthy/Vallone I move we defer Resolution No. R-88-77 to January 25, 1989, and instruct the City Manager to redraft the resolution to strengthen the verbiage. 3 88.156 ROLL CALL: Councilman Metcalf - Nay Vice Mayor Roth - Aye Councilman Vallone - Aye Mayor Votapka - Nay Councilman McCarthy - Aye MOTION CARRIED 3-2 (Metcalf, Votapka - Nay). 8. PUBLIC HEARING~ FINAL ACTION ORDINANCE NO. 0-88-43 - CITY MANAGER AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND PORTIONS OF THE CITY CHARTER; RESCINDING SECTION 2.08 PERTAINING TO SUPERVISION OVER ADMINISTRATIVE OFFICERS; RENUMBERING THE EXISTING SECTION 2.09; RENUMBERING THE EXISTING SECTION 2.10; CREATING A NEW SECTION 2.10, PERTAINING TO THE COUNCIL - EMPLOYEE RELATIONSHIP; REPEALING SECTION 2.11, PERTAINING TO CITY MANAGER'S POWERS AND DUTIES; REPEALING SECTION 2.12, PERTAINING TO CITY CLERK; REPEALING SECTION 2.13, PERTAINING TO CITY TREASURER; RENUMBERING THE EXISTING SECTION 2.14; RENUMBERING THE EXISTING SECTION 2.15; RENUMBERING THE EXISTING SECTION 2.16; RENUMBERING THE EXISTING SECTION 2.17; RENUMBERING THE EXISTING SECTION 2.18; RENUMBERING THE EXISTING SECTION 2.19; REPEALING THE EXISTING ARTICLE III AND CREATING A NEW ARTICLE III; CREATING A NEW SECTION 3.01 PERTAINING TO CHARTER OFFICERS; CREATING A NEW SECTION 3.02 PERTAINING TO APPOINTMENT OF CHARTER OFFICERS; CREATING A NEW SECTION 3.03 PERTAINING TO THE REMOVAL OF CHARTER OFFICERS; CREATING A NEW SECTION 3.04 PERTAINING TO CITY MANAGER POWERS AND DUTIES; CREATING A NEW SECTION 3.05, PERTAINING TO CITY CLERK; CREATING A NEW SECTION 3.06, PERTAINING TO THE CREATING OF THE POLICE DEPARTMENT; CREATING A NEW SECTION 3.07, PERTAINING TO THE CHIEF OF POLICE; CREATING A NEW SECTION 3.08, PERTAINING TO POLICE OFFICERS; CREATING A NEW SECTION 3.09, PERTAINING TO CITY ATTORNEY; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SAID ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 12/7/88, Advertised 12/28/88, Public Hearing 1/11/89) Mayor Votapka opened the public hearing at 7:45 p.m. 4 88.084 Mayor Votapka opened the public hearing at 8:10 p.m. and briefly explained the proposed charter amendment. There was no public input, therefore, Mayor Votapka closed the public hearing at 8:12 p.m. MOTION by Roth/Metcalf I move we adopt Ordinance No. 0-88-43 as read by the City Attorney by title only and direct the City Clerk to submit it to the Supervisor of Elections for the March 14, 1989 ballot. ROLL CALL: Councilman Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Vice Mayor Roth - Aye MOTION CARRIED 5-0. C. ORDINANCE NO. 0-88-23 - ST. SEBASTIAN PUD Continuation of Public Hearing from 6/8/88 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, TERMINATING THE CONCEPTUAL DEVELOPMENT PLAN PERTAINING TO APPROXIMATELY 316 ACRES OF LAND LOCATED NORTH OF MAIN STREET AND EAST OF THE SEBASTIAN MUNICIPAL AIRPORT, KNOWN AS THE SAINT SEBASTIAN PLANNED UNIT DEVELOPMENT, WHICH CONCEPTUAL DEVELOPMENT PLAN WAS ADOPTED BY ORDINANCE NUMBER 202- Y, EFFECTIVE ON THE 6TH DAY OF APRIL, 1983; ALSO REPEALING RESOLUTION NO. R-84-43, A DEVELOPMENT ORDER FOR THE SAID LAND AREA, THE SAME BEING A DEVELOPMENT OF REGIONAL IMPACT; PROVIDING AN EFFECTIVE DATE. (lst Reading 5/11/88, Public Hearing 6/8/88, extension to 9/14/88, extension to 11/13/88, extension to 1/11/89) Attorney Nash read Ordinance No. 0-88-23 by title only. Mayor Votapka opened the public hearing at 8:17 p.m. The City Manager stated that an agreement for the realignment of Main Street should be forthcoming by the meeting of January 25, 1989 and that were it not, the City Council should then adopt this ordinance to terminate the conceptual plan for St. Sebastian PUD. Attorney Thomas Feeney, representing Carl R. Julian, owner of St. Sebastian PUD, stated that following months of negotiations an agreement for the realignment of Main Street had been faxed this day to the City Attorney. 6 MOTION by Metcalf/Roth I move we grant an extension of the public hearing on Ordinance No. 0-88-23 to the January 25, 1989 Regular meeting. It was noted by the Mayor that this motion was out of order during a public hearing. J.W. Thompson requested a copy of the agreement as soon as it becomes public. Mrs. Marshall questioned the location of the subject property. Mayor Votapka gave a brief history of the matter. Mayor Votapka closed the public hearing at 8:44 p.m. MOTION by Metcalf/McCarthy I move we grant an extension of the public hearing on Ordinance No. 0-88-23 to the January 25, 1989 Regular meeting. ROLL CALL: Mayor Votapka - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Vice Mayor Roth - Aye Councilman Vallone - Aye MOTION CARRIED 5-0. 9. PUBLIC INPUT Randy Snyder, discussed funding set aside for Little League fields at Barber Street Sports Complex and urged Council to make some headway on construction. The City Manager responded that FIT had agreed to do planning and site plan for the complex. John Evans, Counsel for Citizens Airport Watch, requested the opportunity to speak during the next agenda item. Mayor Votapka called recess at 9:00 p.m. and reconvened the meeting at 9:20 p.m. Ail members present at recess were present at recall. Chief of Police Petty left the meeting at 9:00 p.m. 89.003 10. OLD BUSINESS Consider Directing ~ Clerk to Place Voter Referendum Re: Municipal Airport on Ballot Pursuant to Section 166.031FS (Matter Continued from 1/4/89 Workshop) MOTION by McCarthy/Vallone I move we direct the City Clerk to place the voter referendum regarding the Municipal Airport on the March 14, 1989 ballot pursuant to FS 163.031. Discussion followed regarding the letter presented by Attorney Nash from FAA received January 10, 1989. MOTION by Metcalf I move we authorize the City Attorney to research the legality of the referendum question. Since there was a motion on the floor, this motion was out of order. John Evans, Counsel for Citizens Airport Watch, stated it was Council's duty to direct the City Clerk to place the question on the ballot unless Council finds the question unconstitutional on its face. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Vice Mayor Roth - Aye Councilman Vallone - Aye Mayor Votapka - Aye MOTION CARRIED 5-0. MOTION by Vallone/Metcalf I move we add to this agenda discussion regarding scheduling a special meeting with FAA representatives. ROLL CALL: Councilman Metcalf - Aye Vice Mayor Roth - Nay Councilman Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Nay MOTION FAILED since unanimous vote is required to add items to the agenda. 89.005 89.006 11. NEW BUSINESS ORDINANCE NO. O-89-01 Subdivision - Final Plat - Oak Creek 1st Reading, Set Public Hearing AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ACCEPTANCE OF A FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF SAN SEBASTIAN SPRINGS-UNIT II, OAK CREEK RIDGE, LYING IN SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO EXECUTE THE PLAT; DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE CIRCUIT COURT FOR RECORDING; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABiLITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-89-01 for the first time by title only. MOTION by McCarthy/Metcalf I move we accept Ordinance No. 0-89-01 on first reading and set it for public hearing on February 8, 1989. ROLL CALL: Vice Mayor Roth - Aye Councilman Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye MOTION CARRIED 5-0. Vice Mayor Roth was excused at 9:53 p.m. 12. MAYOR'S MATTERS Appointment of Albert Winfield to North Indian River County Fire District Advisory Board Mayor Votapka nominated Albert Winfield, Jr. as liaison to the North County Fire District Advisory Board. MOTION by Vallone/Metcalf I move we appoint Albert Winfield, Jr. as liaison to the North County Fire District Advisory Board. VOICE VOTE on the motion carried 4-0 (Roth absent). 9 Mayor Votapka instructed the City Manager to schedule a special meeting on February 15, 1989 with FAA representatives from Orlando and Washington to determine their position on airport property should the referendum on the airport pass. 13. COUNCIL MATTERS Councilman Metcalf gave a report on the Indian River County Transportation meeting held this day. 14. CITY ATTORNEY MATTERS Attorney Nash stated he would be out of town next week but Attorney Kreuzkamp would be in. 15. CITY MANAGER MATTERS None. 16. COMMITTEE REPORTS/RECOMMENDATIONS None. 17. Mayor Votapka adjourned the meeting at 10:25 p.m. Approved at the January 25, 1988 Regular Council Meeting. Richard B. Votapka, Mayor 10