HomeMy WebLinkAbout02081989City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, FEBRUARY 8, 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.
2. The City Manager led the Pledge of Allegiance.
Invocation was given by Reverend Thurman Rivers, Jr.,
Roseland United Methodist Church.
4. ROLL CALL
Present:
Councilman George Metcalf
Councilman Robert McCarthy
Councilman Peter Vallone
Vice Mayor Kenneth Roth
Mayor Richard Votapka
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer, Horry Johns
Finance Director, Carol Carswell
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Male
88.069
89.018
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
MOTION by Vallone/McCarthy
I move we defer item (14)(A) 89.023 Sebastian
Lakes Utility Rate Increase to the February 22, 1989
Regular City Council meeting.
VOICE VOTE on the motion carried 5-0.
6. CONSENT AGENDA
Approve Minutes - 1/25/89 Regular, 2/1/89
Workshop
Exchange Club - Request for Signs and Banners on
City Property
Councilman Metcalf - Request for Reimbursement
for Travel to Indian River County Transportation
Meetings - $75.92
In response to Vice Mayor Roth, the City Manager
stated that the city's insurance will cover the
requested banner for the Creative Playground.
MOTION by Roth/Vallone
I move we approve Consent Agenda items (A)
Approve Minutes - 1/25/89 Regular, 2/1/89 Workshop;
88.069 (B) Exchange Club - Request for Signs and
Banners on City Property; 89.018 (C) Councilman
Metcalf - Request for Reimbursement for Travel to
Indian River County Transportation Meetings - $75.92.
VOICE VOTE on the motion carried 5-0.
7. PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Proclamation - Buddy Arand
Mayor Votapka read the proclamation and presented it
to retired Sebastian Fire Chief, Buddy Arand.
B. Proclamation ~ American History Month - 2/89
Mayor Votapka read the proclamation and presented it
to Betty Bock, DAR.
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8. PUBLIC HEARING, FINAL ACTION
89.005
ORDINANCE NO. O-89-01 - Oak Creek Ridge Final
Subdivision Plat
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 AN EFFECTIVE DATE. (lst Reading 1/11/89,
Advertised 1/25/89, Public Hearing 2/8/89)
Attorney Nash read Ordinance No. O-89-01 for the
second time by title only.
The Director of Community Development presented
a map of the subject area.
Attorney Nash noted that Land Development Code
Section 20A-16.4 (C)(4)(1)(vi) and Section 20A-16.4
(F)(3) are in conflict as to who shall record the
final plat with the Clerk of the Circuit Court and
recommended that this section be amended by removing
the language regarding the City Attorney.
Attorney Nash said that Attorney Steven Lulich would
be presenting within one or two days minor
modifications to the restrictive covenants to be
recorded concurrently with the final plat.
Mayor Votapka opened the public hearing at 7:23 p.m.,
there being no public input he closed the public
hearing.
MOTION by Roth/McCarthy
I move we adopt Ordinance No. O-89-01 on second
reading as read by the City Attorney by title only.
ROLL CALL:
Councilman McCarthy - aye
Councilman Metcalf - aye
Vice Mayor Roth - aye
Councilman Vallone- aye
Mayor Votapka - aye
MOTION CARRIED 5-0.
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89.019
10.
The City Manager questioned approval of final plats
by ordinance and suggested that Council look into
approval by resolution. Mayor Votapka requested that
the City Attorney review the entire section for
amendment.
Discussion of amendments to Section 20A-16.4 was
placed on the March 1, 1989 workshop agenda.
9. PUBLIC INPUT
None.
COMMITTEE REPORTS/RECOMMENDATIONS
Councilman Metcalf reported on the Economic
Development Council, the Indian River County
Transportation Planning Committee and the Watershed
Committee.
11. CITY MANAGER MATTERS
General Development Corporation - Road & Drainage
Unit 17
The City Manager requested authority to proceed with
negotiations for a written agreement with General
Development Corporation to accept street and
drainage improvements for maintenance for units 16
and 17.
George Kulczycki, General Development Corporation,
concurred with the City Manager's request for a
written agreement.
FOllowing discussion of the request the following
motion was made.
MOTION by McCarthy/Metcalf
I move we direct the City Attorney to draft an
agreement between the City and General Development
Corporation for acceptance of street and drainage
improvements for units 16 and 17.
The City Manager said the authorized draft will be
only for Council perusal.
ROLL CALL:
Councilman Metcalf - aye
Vice Mayor Roth - aye
Councilman Vallone - aye
Mayor Votapka - aye
Councilman McCarthy - aye
MOTION CARRIED 5-0.
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89.020 B. Vorrath Fine
The City Manager gave a brief history of the fine and
lien set by Code Enforcement against Mr. Vorrath in
1986 and recommended that Council reduce the fine to
$100 and release the lien on his property.
Councilman Vallone recommended reducing the fine to
S50.
MOTION by Metcalf/McCarthy
I move we concur with the recommendation of the
City Manager and reduce the fine to Mr. Vorrath to
Si00.
Attorney Nash said Council is not empowered to reduce
the fine but can "compromise a debt to the city" if
found to be in the best interest of the city.
MOTION and SECOND were amended by Metcalf and
McCarthy to strike "reduce the fine to $100" and add
"compromise the debt to the city at $100".
Attorney Nash suggested that the motion state "offer
to settle the existing fine with Mr. Vorrath" with
the amount deemed appropriate by the persons making
the motion and second.
Vice Mayor Roth said, in his opinion, that Council
has no jurisdiction over the Code Enforcement Board.
MOTION and SECOND were withdrawn by Metcalf and
McCarthy.
MOTION by Metcalf/McCarthy
I move we concur with the City Manager's
recommendation and offer to settle the existing fine
with Mr. Vorrath at $100.
ROLL CALL:
Vice Mayor Roth - nay
Councilman Vallone - aye
Mayor Votapka - aye
Councilman McCarthy - aye
Councilman Metcalf - aye
MOTION CARRIED 4-1 (Roth - nay).
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89.021
C. RESOLUTION NO. R-89-08 - Unlimited Time Status
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA AMENDING SECTION II OF PART V OF THE
STANDARD OPERATING PROCEDURES BY DELETING THE TITLES
OF CITY ENGINEER, DIRECTOR OF PUBLIC WORKS AND
BUILDING OFFICIAL AND ADDING THE TITLES OF DIRECTOR
OF COMMUNITY DEVELOPMENT, DIRECTOR OF PUBLIC WORKS -
CITY ENGINEER, ASSISTANT DIRECTOR OF PUBLIC WORKS AND
GOLF DIRECTOR; AND REPEALING RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
The City Manager read Resolution No. R-89-08 by title
only.
MOTION by Metcalf/Roth
I move we adopt Resolution No. R-89-08 as read by
the City Manager by title only.
Attorney recommended the following amendments to the
body of Resolution NO. R-88-08: In Section 1, page
1, second paragraph, delete "by special action" and
add ", and" between "City Council" and "in";
capitalize "lieutenants"; strike "unit" and add
"agreement"
MOTION by Metcalf/Roth
I move we amend the main motion as recommended by
the City Attorney.
ROLL CALL: (AMENDMENT) Councilman Vallone - aye
Mayor Votapka - aye
Councilman McCarthy - aye
Councilman Metcalf - aye
Vice Mayor Roth - aye
MOTION CARRIED 5-0.
ROLL CALL: (MAIN MOTION) Mayor Votapka - aye
Councilman McCarthy - aye
Councilman Metcalf - aye
Vice Mayor Roth - aye
Councilman Vallone - aye
MOTION CARRIED 5-0.
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89.022
12.
D. RESOLUTION NO. R-89-09 - ICMA
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER,
COUNTY, FLORIDA, PERTAINING TO PENSIONS; DESIGNATING
BY TITLE THOSE EMPLOYEES ELIGIBLE FOR PARTICIPATION
IN THE ICMA DEFERRED COMPENSATION PLAN; DESIGNATING
THE PERCENTAGE OF THE EMPLOYEE'S SALARY TO BE PAID BY
THE CITY; PRECLUDING SUCH EMPLOYEES FROM RECEIVING AN
EMPLOYER CONTRIBUTION TO ANY OTHER CITY SUPPORTED
RETIREMENT PLAN; PERMITTING UNDESIGNATED EMPLOYEES TO
PARTICIPATE IN THE ICMA DEFERRED COMPENSATION PLAN
WITHOUT CITY CONTRIBUTION; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Manager read Resolution No. R-89-09 by title
only.
MOTION by Roth/Vallone
I move we adopt Resolution No. R-89-09 as read by
the City Manager by title only.
ROLL CALL:
Councilman McCarthy - aye
Councilman Metcalf - aye
Vice Mayor Roth - aye
Councilman Vallone - aye
Mayor Votapka - aye
MOTION CARRIED 5-0.
E. Other Matters
The City Manager announced that the Fitness Court at
Hardee Park had been installed; and that a committee
consisting of Director of Indian River County
Director of Emergency Management, Doug Wright, Veto
Beach Police Chief, James Gabbard and he had
been formed for screening and interviewing for a
Police Chief.
MAYOR'S MATTERS
Mayor Votapka requested that a discussion of FDLE
criminal history checks for council candidates be
placed on the March 1, 1989 Council workshop agenda
and, at the suggestion of Vice Mayor Roth, requested
that the City Clerk contact the State Division of
Elections regarding criminal history checks for
Council and Mayor candidates.
The City Manager stated that FDLE criminal history
background checks for employees will be established
immediately as an administrative policy and therefore
will not require additional City Council discussion.
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13. COUNCIL MATTERS
89.023
89.024
14.
15.
A. Vice Mayor Roth
None.
B. Councilman Vallone
Councilman Vallone noted a recent Attorney General
opinion regarding the Sunshine Law and recommended
that incumbents not appear at Candidate's nights;
commended the City Manager for the recommended $25
donation from the City to the Indian River County
Volunteer Ambulance Squad in the name of Mrs.
Scurlock; and expressed hope that staff begins to
move on streets and drainage.
C. Councilman McCarthy
Councilman McCarthy congratulated Mayor Votapka for
his expressed concerns regarding the group
considering disincorporation of the city.
D. Councilman Metcalf
In response to Councilman Metcalf, the City Manager
said it was necessary to readvertise for a City
Planner.
CITY ATTORNEY MATTERS
A. Sebastian Lakes Utility Rate Increase
This item was previously deferred to the February 22,
1989 Regular Council agenda.
B. Report on Impact Fees
Following input by the City Attorney regarding his
opinion of opting out of the County Impact Fee
program as stated in his letter to Council dated
February 3, 1989 and Council discussion regarding
sources of funding for maintenance of its streets
and concurrency with requirements of the Growth
Management Act it was decided to invite Les Solin to
address City Council at the March 1, 1989 workshop.
Mayor Votapka adjourned the meeting at 9:00 p.m.
8
Approved as amended at the February 22, 1988 Regular Council Meeting.
Richard B. Votapka, Mayor
. O'Halloran, City Clerk