HomeMy WebLinkAbout02221989City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, FEBRUARY 22, 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 7:05
p.m.
2. Councilman McCarthy led the Pledge of Allegiance.
Invocation was given by Reverend Bruce Havens, United
Church of Sebastian.
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
Finance Director, Carol Carswell
City Engineer, Horry Johns
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
89.025
89.026
89.027
89.028
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
None.
6. CONSENT AGENDA
A. Approve Minutes - 2/8/89 Regular
Request for Community Center - A/B - Magana/Perez
Wedding - 2/25/89
Request from City Attorney for Authorization of
Expenditure of Funds (Estimate - $460.00) for
Attendance at the Florida Bar Association Local
Government Law in Florida Seminar - March 10-11,
1989 - Ponte Vedra Beach
Resolution No. R-89-10 - Approving Dept. of
Natural Resources Lease
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO THE RENEWAL
OF A LEASE FOR SOVEREIGNTY SUBMERGED LAND;
PROVIDING FOR RENEWAL OF THE LEASE WITH THE BOARD
OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND FOR THE USE OF SOVEREIGNTY SUBMERGED LAND AT
THE EASTERN END OF MAIN STREET, LYING IN SECTION
06, TOWNSHIP 31 SOUTH, RANGE 39 EAST; DIRECTING
THE MAYOR TO EXECUTE THE LEASE ON BEHALF OF THE
CITY; DIRECTING THE CITY CLERK TO RECORD THE
LEASE IN THE OFFICIAL RECORDS OF INDIAN RIVER
COUNTY; PROVIDING FOR TERMINATION; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
E. Regional Crime Laboratory Additional Funding
F. Resolution No. R-89-11 - Southern Bell Right-of-
Way Easement
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO UTILITY
EASEMENTS; GRANTING AN EASEMENT TO THE SOUTHERN
BELL TELEPHONE & TELEGRAPH COMPANY FOR THE
INSTALLATION OF TELEPHONE EQUIPMENT ON A PARCEL
OF LAND LOCATED AT THE SOUTHEAST CORNER OF THE
BARER STREET SPORTS COMPLEX, LYING IN SEBASTIAN
HIGHLANDS UNIT 10, DIRECTING THAT THE MAYOR SHALL
EXECUTE SAID LEASE; PROVIDING THAT THE GRANTEE
SHALL RECORD THE EASEMENT AND FURNISH A COPY OF
THE RECORDED iNSTRUMENT TO THE CITY CLERK;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING
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FOR AN EFFECTIVE DATE.
Councilman Metcalf removed items (A) Approve Minutes
- 2/8/89 Regular and (B) Request for Community Center
- A/B - Magana/Perez Wedding - 2/25/89.
Councilman McCarthy removed item 89.025 (C) Request
from City Attorney for Authorization of
Expenditure of Funds (Estimate - $460.00) for
Attendance at the Florida Bar Association Local
Government Law in Florida Seminar - March 10-11,
1989 - Ponte Vedra Beach
MOTION by Roth/Vallone
I move we approve Consent Agenda items 89.026 (D)
Resolution No. R-89-10 - Approving Dept. of
Natural Resources Lease; 89.027 (E) Regional Crime
Laboratory Additional Funding; and 89.028 (F)
Resolution No. R-89-11 - Southern Bell Right-of-Way
Easement.
ROLL CALL:
Councilman McCarthy - aye
Councilman Metcalf - aye
Vice Mayor Roth - aye
Councilman Vallone - aye
Mayor Votapka - aye
MOTION CARRIED 5-0.
Councilman Metcalf amended the 2/22/89 by correcting
the roll call on page seven regarding Resolution No.
R-89-09 to add Councilman Vallone affirmative vote.
MOTION by Metcalf/McCarthy
I move we approve Consent Agenda item (A) 2/22/89
Regular minutes as amended.
VOICE VOTE on the motion carried 5-0.
Councilman Metcalf questioned whether the rental fee
had been paid by Magana/Perez for the Community
Center. The City Clerk responded that the rental fee
will be paid upon Council approval.
MOTION by Roth/McCarthy
I move we approve Consent Agenda item (B) Request
for Community Center - A/B - Magana/Perez
Wedding - 2/25/89.
VOICE VOTE on the motion carried 5-0.
Councilman McCarthy questioned whether funds were
budgeted for City Attorney attendance at seminars.
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MOTION by McCarthy/Vallone
I move we deny Consent Agenda item 89.025 (C)
Request from City Attorney for Authorization of
Expenditure of Funds (Estimate - $460.00) for
Attendance at the Florida Bar Association Local
Government Law in Florida Seminar - March 10-11,
1989 - Ponte Vedra Beach.
MOTION by Vallone/McCarthy
I move we table Consent Agenda item 89.025 (C)
Request from City Attorney for Authorization of
Expenditure of Funds (Estimate - $460.00) for
Attendance at the Florida Bar Association Local
Government Law in Florida Seminar - March 10-11,
1989 - Ponte Vedra Beach, to the March workshop for
further backup.
ROLL CALL (on the motion to table):
Councilman Metcalf - nay
Vice Mayor Roth - aye
Councilman Vallone - aye
Mayor Votapka - nay
Councilman McCarthy - aye
MOTION CARRIED 3-2 (Metcalf, Votapka - nay)
7. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Proclamation - Visiting Nurse Association -
February 19 - 25, 1989
Mayor Votapka read the proclamation and presented it
to Joan Kostenbader.
Proclamation - Disabled American Veterans - March
24 & 25, 1989--- Forget-Me-Not Days
Mayor Votapka read the proclamation and presented it
to George Wood.
Mayor Votapka recognized and commended Detective Gary
McCarthy, Sergeant Jim Sheldon and Patrolman Scott
Sherbrooke for their participation in the arrest of a
most wanted criminal on January 24, 1989.
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89.014
8. PUBLIC HEARING, FINAL ACTION
ORDINANCE NO. 0-89-02 - Prohibit Train Whistles -
10 p.m. to 6 a.m.
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REGULATING THE SOUNDING OF RAILROAD
TRAIN HORNS BETWEEN CERTAIN HOURS; ADOPTING CERTAIN
PROVISIONS OF THE FLORIDA STATUTES PERTAINING TO
RAILROAD-HIGHWAY GRADE CROSSINGS; PROVIDING FOR
PENALTIES; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY
OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
1/25/89, Discussion 2/1/89, Advertised 2/8/89, Public
Hearing 2/22/89)
Attorney Nash read Ordinance No. 0-89-02 for the
second time by title only.
There was no staff presentation and Mayor Votapka
opened the public hearing at 7:36 p.m.
Andrew O'Loughlin, 3345 S. Derry Drive, and Steve
Pitiac urged approval of the ordinance.
Mayor Votapka closed the public hearing at 7:50 p.m.
MOTION by Vallone/Metcalf
I move we adopt Ordinance No. 0-89-02 as read by
the City Attorney for the second time by title only.
Councilman McCarthy read from an article dated
February 15, 1989 in the USA Today newspaper
regarding the City of Cocoa ban on train horns due to
possible liability.
Attorney Nash remarked that this ordinance if adopted
would not take effect until thirty days after
adoption to allow the placement of signs to further
alleviate liability. He said he would obtain
information from Cocoa City Attorney Amari if Council
so desired.
County Attorney, Charles Vitunac, said no suit has
yet been filed in Indian River County since its ban
went into effect, that the City Attorneys advice was
correct and that cases such as this were not risk
free.
5
89.012
MOTION by Metcalf/McCarthy
I move we table Ordinance No. 0-89-02 until March
8, 1989 so the City Attorney may obtain information
from Cocoa Attorney Richard Amari.
ROLL CALL: (on the motion to table)
Vice Mayor Roth - aye
Councilman Vallone - nay
Mayor Votapka - nay
Councilman McCarthy - aye
Councilman Metcalf - aye
MOTION CARRIED 3-2 (Vallone, Votapka - nay)
Attorney Nash said he would contact Attorney Amari
for his legal opinion and provide it to the City
Clerk for inclusion in the March 8, 1989 agenda
packet.
North County Regional Wastewater Treatment System
Special Assessments in Lieu of Impact Fees
RESOLUTION NO. R-89-12 - Approving Special
Assessment
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA,
APPROVING AND CONFIRMING THE SPECIAL ASSESSMENTS
IN LIEU OF IMPACT FEES TO BE ASSESSED IN
CONNECTION WITH A SANITARY SEWER PROJECT TO BE
CONSTRUCTED BY INDIAN RIVER COUNTY, FLORIDA,
WITHIN THE INCORPORATED LIMITS OF THE CITY;
PROVIDING FOR AN ASSESSMENT LIEN WITH RESPECT
THERETO TO BE MADE OF RECORD; 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-89-12 by title
only.
Terry Pinto, Indian River County Utilities Director,
explained the voluntary special assessment program
for the sanitary sewer project and presented the City
Clerk with amendments.
Mayor Votapka opened the public hearing at 8:32 p.m.
Don Ballanger, Sebastian property owner, questioned
the time frame for installation of the system. Mr.
Pinto invited Mr. Ballanger to meet with him to
discuss his questions.
6
89.029
Robert (inaudible), Delaware St., questioned whether
the system will be in the highlands region and was
told that GDU had a franchise in certain areas of the
highlands at this time.
Arthur (inaudible), 425 Ponoka St., questioned
whether the system is self-supporting and was told
that the system is supported by those being serviced.
Fred Mensing suggested a mandatory program for the
entire north county region.
Mayor Votapka closed the public hearing at 8:58 p.m.
MOTION by Vallone/Roth
I move we adopt Resolution No. R-89-12 as read by
the City Manager by title.
ROLL CALL:
Mayor Votapka - aye
Councilman McCarthy - nay
Councilman Metcalf - aye
Vice Mayor Roth - aye
Councilman Vallone - aye
MOTION CARRIED 4-1 (McCarthy - nay)
Mayor Votapka called recess at 9:05 p.m. and
reconvened the meeting at 9:20 p.m. Ail members
present at recess were present at recall.
9. PUBLIC INPUT
Mayor Votapka opened public input at 7:22 p.m.
Request from John Di_~q~s for Mobile Ice Cream
Sales in Riverview Park
John Diggs requested permission to sell refreshments
at Riverview Park during special events and stated
that he was not currently licensed by the city,
county or state.
MOTION by Vallone/Roth
I move we deny the request of John Diggs for
mobile ice cream sales in Riverview Park.
The City Manager expressed concern for violating
grant conditions for Riverview Park, recommended that
for-profit sales require on city properties requires
some research by the City Attorney and that he has
scheduled discussion of this for a future agenda.
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10.
11.
12.
13.
B. Other Public Matters
Jake Gehrig, 3345 S. Derry St., urged Council
consideration for the hiring of Chief Petty as
permanent Chief of Police.
Andrew O'Loughlin again urged approval of Ordinance
No. 0-89-02.
Mayor Votapka closed the public input at 7:32 p.m.
PRESENTATIONS
None.
COMMITTEE REPORTS/RECOMMENDATIONS
None.
MAYOR'S MATTERS
Mayor Votapka announced that the Friedt Foundation
request to fill in sixteen acres of the Indian River
was denied by the Corps of Engineers; that the Home
Rule Committee which is urging the end of state
mandates regarding concurrency requirements of the
Growth Management Act would be setting up tables
outside the legal limits of polling places; and that
all requests for street lights should be made to the
City Manager's office.
COUNCIL MATTERS
A. Vice Mayor Roth
None.
B. Councilman Vallone
Councilman Vallone recommended that a police officer
be in attendance at Council meetings.
C. Councilman McCarthy
Councilman McCarthy reported on his attendance at the
National League of Cities seminar entitled "Finance
for Infrastructure".
D. Councilman Metcalf
Councilman Metcalf said there would be a Planning and
Zoning Commission workshop for discussion of the
Comprehensive Land Use Plan; requested that the Mayor
send a letter of gratitude to FAA representatives who
8
88.138
attended the February 21, 1989 Special Council
meeting; and questioned the tractor trailer parked on
U.S. 1.
To accommodate Indian River County representatives
City Manager Matters were addressed before before
City Attorney Matters.
15. CITY MANAGER MATTERS
Indian River County Solid Waste Fee Collection
Policy
Ron Brooks, Indian River County Solid Waste Disposal
District, requested that Council reconsider collection
procedures for Solid Waste fees as set out in
Sebastian Resolution No. R-88-05 or withhold issuance
of a certificate of occupancy until the customer has
provided evidence of payment to the county.
The City Manager recommended that in the best
interest of its citizens, the city collect the fees
and forward them to the county.
MOTION by Metcalf/Vallone
I move we collect fees for Solid Waste Disposal
and forward them to Indian River County.
MOTION and SECOND were withdrawn.
MOTION by Metcalf/Vallone
I move we grant the request of Indian River
County Solid Waste Disposal District as outlined in
their letter to City Council dated February 6, 1989.
ROLL CALL:
Councilman McCarthy - aye
Councilman Metcalf - aye
Vice Mayor Roth - aye
Councilman Vallone - aye
Mayor Votapka - aye
MOTION CARRIED 5-0.
MOTION by Roth/McCarthy
I move we extend the meeting fifteen minutes.
ROLL CALL:
Councilman Metcalf - aye
Vice Mayor Roth - aye
Councilman Vallone - nay
Mayor Votapka - aye
Councilman McCarthy - aye
MOTION FAILED (unanimous vote necessary for meeting
extension)
9
89.031
89.023
88.196
89.030
Mayor Votapka adjourned the meeting at 10:30 p.m.,
therefore the fOllowing items were not addressed.
B. Water and Sewer
14. CITY ATTORNEY MATTERS
A. Sebastian Lakes Utilities Rate Increase Request
B. Lake Dolores Utilities & Cable Television
Attorney General Opinion re: Applicability of
Government-in-the-Sunshine Law to Election
Campaign Functions
~Approved at the March 8, 1989 Regular Council Meeting.
Kath~n M. ~'Halloran, City Clerk
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