The URL can be used to link to this page

Home My WebLink About01281987L. Gene Harris Mayor Cih., Seb zs'tian POST OFFICE BOX 127 [] SEBASTIAN, FLORIDA 32958-0127 TELEPHONE (305) 589-5330 Kathryn M. Benjamin City Clerk ~Qg~QR MEETING ~O~A~ ~h~U~g% ~ 1987 T ~QQ P.M. ~ITY ~Q~Q%~ ~~ 1225 MAI.~ ~E~ ~EBASTIA~z ~QRIDA Mayor Harris called the meeting to order at 5:00 p.m. Vice Mayor Roth led the pledge of allegiance. 2. gQ~h ~hh: PRESENT: Vice Mayor Kenneth Roth Councilman Robert McCarthy Councilman Peter Vallone Mayor L. Gene Harris Attorney Thomas Palmer ABSENT: Councilman Lloyd Rondeau (excused) ALSO PRESENT: A1 Peltier, Street Superintendent; Hector Franco, City Engineer; Carol Carswell, Finance Director; Roger Cloutier, Building Official. Mayor Harris opened by saying the meeting was called to policy on the city's responsibility on drainage in the city, since a controversy had arisen regarding repairs done on drainage in private driveways on Englar Avenue by city employees. set Vice Mayor Roth and Councilman McCarthy both said that the policy has been set by implementation of Ordinance 0-86-4, as approved by Council in March of 1986. Councilman McCarthy said he was told by former Mayors Pat Flood and Jim Gallagher that in their administrations there was never any city policy on repairing drainage in existing driveways. He read a letter to him from former Mayor Jim Gallagher. SPECIAL COUNCIL MEETING MINUTES - 1/28/87 - Page 2 George Kulczycki, General Development Corporation, said the city instructed GDC to build inverted driveways when they built the houses on Englar Avenue, but he had been unable to find records to support this. Discussion followed on Ordinance 0-86-4. Hector Franco said he and Roger Cloutier had recommended its approval to eleviate future drainage problems in the city, by requiring builders to acquire driveway permits after inspection by the City Engineer. Hector Franco said, according to what he was told by Attorney Palmer, that the city when deeded the Highlands from GDC, agreed to follow GDC's drainage plan 100% because it is the only one that exists. He also said that standing water in front of a property is the city's responsibility to repair. He said if he changed the plan now, GDC could say the city is responsible for all drainage problems. Attorney Palmer said he had told Hector Franco that the ordinance allows him to direct that a driveway problem be brought into compliance and paid for by the owner. Former Councilman Dick Szeluga spoke to council about the drainage problems in the city. He said the drainage problems lie in the fact that they were improperly engineered. He said that in 1979 the City of Sebastian agreed to accept from GDC 100% responsibility for drainage in the Highlands. Hector Franco stated that his current copy of GDC's drainage plan for the Highlands is in bad condition. George Kulczycki presented council with a copy of the 1979 agreement between GDC and the City of Sebastian. He said if the city does not maintain the drainage system regularly it will no longer continue to work. Councilman McCarthy said he does not want the city correcting any more driveway problems. Attorney Palmer said the only responsibility the city would have is if they incorrectly set driveway elevations. Councilman Vallone said he felt that new elevations for houses are a problem in the city. He said the city should require rear and side swaling of all new building and that council should give staff more muscle in dealing with builders. SPECIAL COUNCIL MEETING MINUTES - 1/28/87 - Page 3 Vice Mayor Roth requested that the Mayor instruct the City Attorney to come back to council in two weeks with information on setting house elevations no higher than houses next door. Mayor Harris instructed Attorney Palmer to give council a clear interpretation of Ordinance 0-86-4 and to meet with Mike Galanis, Indian River County Environmental Health Director, and Hector Franco to try and solve the drainage problems caused by the septic elevations set by the County. Mayor Harris said if the elevations cannot be changed perhaps the city needs to create an ordinance to take care of onsight water retention. Discussion followed on whether the city is required to have a permit to do repair work on drainage in driveways. Attorney Palmer said permits are required for any work done by the city. Councilman McCarthy questioned costs for labor and materials on these repairs. Mayor Harris asked George Kulczycki to inquire if General Development Corporation is willing to pay the difference for materials used on the repairs. Mayor Harris adjourned the meeting at 6:40 P.M. MINUTES WERE APPROVED AT THE 2/11/8 7 MEETING OF THE CITY COUNCIL. ATIEST: