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Home My WebLink About03071990City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, MARCH 7, 1990 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. SPECIAL MEETING PURPOSE: CALLED BY MAYOR VOTAPKA TO AWARD BIDS FOR PUBLIC WORKS PROJECTS AND TO COMPLETE ITEMS NOT ADDRESSED AT THE FEBRUARY 28, 1990 REGULAR MEETING Mayor Votapka called the Special Meeting to order at 7:03 p.m. 2. The City Clerk led the Pledge of Allegiance. 3. ROLL CALL Present: Vice Mayor Robert McCarthy Councilman Lloyd Rondeau Councilman Frank Oberbeck Councilman Robert McCollum Mayor Richard Votapka Also Present: City Manager, Robert McClary City Attorney, Charles Nash Assistant City Manager, JeAnne Townsend Director of Community Development, Bruce Cooper Interim City Engineer, David Fisher City Planner, Peter Jones City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Mate City Council Special Meeting March 7, 1990 Page Two 4. CONSENT AGENDA 89.223 A. Award Bid - Riverview Park Toilet Facility - Capp Custom Builders, Inc. - $41,611.90 (Staff Recommendation dated 3/1/90, Memo from Interim City Engineer dated 3/1/90) 90.063 B. Award Bid - New Water Well & Irrigation System - United irrigation - $17,829 (Staff Recommendation dated 3/1/90, Memo from Interim City Engineer dated 3/1/90) 90.064 C. Award Bid - Barber Street Sports Complex - Concession/Toilets/Switchroom - Capp Custom Builders, Inc. - $47,841 (Staff Recommendation dated 3/1/90, Memo from City Engineer dated 3/1/90) Mayor Votapka read the Consent Agenda in its entirety. MOTION by McCarthy/Oberbeck I move we accept Consent Agenda items A, B and C. ROLL CALL: Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye MOTION CARRIED 5-0. The City Manager said staff will contact Indian River County, at the request of Councilman Rondeau, regarding the condition of restrooms at Dale Wimbrow Park. ITEMS NOT ADDRESSED AT FEBRUARY 28L 1990 REGULAR MEETING 90.061 RESOLUTION NO. R-90-12 - City Attorney Contract (City Manager Recommendation dated 2/15/90) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A CITY ATTORNEY; PROVIDING AUTHORITY TO ENTER INTO AN AMENDMENT TO THE EXISTING CONTRACTURAL SERVICE AGREEMENT WITH CHARLES IAN NASH FOR THE PURPOSE OF PROVIDING LEGAL REPRESENTATION TO THE CITY; PROVIDING FOR THE EXTENSION OF THE EXISTING CONTRACTURAL SERVICE AGREEMENT BETWEEN THE CITY AND CHARLES IAN City Council Special Meeting March 7, 1990 Page Three 89.157 NASH; PROVIDING FOR CHARLES IAN NASH TO UTILIZE THE SERVICES OF OTHER PROFESSIONAL STAFF MEMBERS OF HIS LAW FIRM IN PROVIDING LEGAL REPRESENTATION TO THE CITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Nash read Resolution No. R-90-12 by title only. MOTION by Oberbeck/McCollum I move we adopt Resolution No. R-90-12 as written. Discussion followed on justification for extension of the contract at this time. ROLL CALL: Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - nay Mayor Votapka - aye Vice Mayor McCarthy - nay MOTION CARRIED 3-2 (Rondeau, McCarthy - nay) Request for Reimbursement of Attorney's Fees - George Metcalf (Letter from City Attorney dated 2/2/90) Discussion took place on documentation provided by Mr. Metcalf to support his request for reimbursement of legal expenses and whether his actions were in the scope of services of a Councilman. George Metcalf, 425 Pine Street, Sebastian, was requested to address Council from the podium. MOTION by Oberbeck/McCollum I move we award attorney fees expended by Mr. Metcalf back to him. ROLL CALL: Councilman Oberbeck - aye Councilman Rondeau - nay Mayor Votapka - aye Vice Mayor McCarthy - nay Councilman McCollum - aye MOTION CARRIED 3-2 (Rondeau, McCarthy - nay) City Council Special Meeting March 7, 1990 Page Four 89.157 C. Request for Reimbursement of Attorney's Fees - Dorothy Doucet f/k/a Dorothy McKinley (Letter from City Attorney dated 2/2/90, Letter from City Attorney to Attorney Long dated 2/2/90, Letter from City Attorney dated 1/2/90) Attorney Nash advised that Council deny Dorothy Doucet's request for reimbursement of legal fees based on F.S. 93.11 (3) statute of limitations. MOTION by Oberbeck/McCollum I move we deny approval of reimbursement for former Councilwoman McKinley based on the opinion of the City Attorney. ROLL CALL: Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye MOTION CARRIED 5-0. D. Other Matters Attorney Nash stated that bids faxed to city hall were invalid; said he would be out of the country from March 21 through March 27, 1990 and said a member of his firm would be available if needed. Mayor Votapka ad3ourned the special meeting at 7:50 p.m. Approved at the 1990 ~'~.d/.//~._~. Council Meeting. Mayor Kathryn M. O'Halloran, City Clerk City of Sebastian POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, MARCH 7, 1990 CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Votapka called the workshop to order at 8:05 p.m. ROLL CALL Present: Vice Mayor Robert McCarthy Councilman Lloyd Rondeau Councilman Frank Oberbeck Councilman Robert McCollum Mayor Richard Votapka Also Present: City Manager, Robert McClary City Attorney, Charles Nash Assistant City Manager, JoAnne Townsend Director of Community Development, Bruce Cooper City Planner, Peter Jones City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio 3. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) None. 5. ANNOUNCEMENTS None. City Council Workshop March 7, 1990 Page Two 90.065 88.063 6. PUBLIC INPUT A. Non-Agenda Items None. B. Agenda Items None. 7. WORKSHOP ITEMS Discussion - Street Plan (Staff Recommendation dated 3/1/9~, Letter from Jim Davis dated 2/22/90, Letter from Sebastian Development Pro3eCt dated 2/21/90) The City Manager and City Planner presented staff recommendation on request for placement of specific streets in the County's 20 Year Capital Road Improvement Program which would, if approved by the County, make them eligible for impact fee expenditures or credits. A lengthy discussion ensued as Council suggested additions to the list as presented in staff's recommendation dated March 1, 1990. Edra Young, 1151Clearmont Street, was recognized by Council and offered input on Clearmont Street. The City Manager said an amended recommendation would be presented to Council on March 14, 1990 for approval. Discussion - Review of Italian/American Club Lease Proposal (Staff Recommendation dated 2/28/90, Memo f~om Director o__f Community Developmen~ dated 2/20/90) The City Manager gave a brief history of the Italian American Club lease and the Director of Community Development stated that the club will have to pursue rezoning of the three acre site north of the golf course. The City Attorney said FAA approval will be required. City Council Workshop March 7, 1990 Paue Three Steve Lulich, legal counsel for the Italian/American Club, said he would request that if approved, the release of the lease on Albatross be done subsequent to FAA approval of the new lease and rezoning of the property. This item was placed on the March 14, 1990 agenda for approval. 8. MAYOR'S MATTERS 11. 89.226 Mayor Votapka announced the March 13, 1990 municipal election and acknowledged receipt of a package from Sebastapol, U.S.S.R. COUNCIL MATTERS A. Vice Mayor McCarthy Vice Mayor McCarthy discussed the opening of Short Street as a possible solution to the traffic problem for St. Sebastian Church. He stated that he hoped people would consider the source regarding a campaign letter distributed by Butt Snell. B. Councilman McCollum Councilman McCollum said the annexation committee is ready to proceed with enclave annexations. C. Councilman Oberbeck Councilman Oberbeck wished candidates good luck. D. Councilman Rondeau Councilman Rondeau wished candidates good luck. 10. CITY ATTORNEY MATTERS None. CITY MANAGER MATTERS Report on Available Funds for Main Street/Gibson Street Realignment (Memo from Finance Director dated 3/1/90) The City Manager said the report speaks for itself and funds are available. City Council Workshop March 7, 1990 Page Four The City Manager said the Apogee Study's credibility has been called into question since it was discovered that airport operator, Steve Johnson· had called flight training schools and requested them to increase their operations durin~ the study. The City Attorney was instructed to review whether any criminal or civil action can be brought a~ainst Mr. Johnson. The City Attorney was also authorized to consult with Attorney Eliot Cutler to determine if any federal violations exist. 12. Mayor Votapka adjourned the workshop at 9:20 p.m. Approved at the ~~3 ~2 M. O'Halloran, City Clerk · 1990 ~ ~ Council Meeting. Mayor ~ r ~ City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 GENERAL ELECTION MARCH 13, 1990 CITY OF SEBASTIAN CANVASSING BOARD MINUTES INDIAN RIVER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FL At 5:11 p.m. Councilman Robert McCollum, representing the City of Sebastian, canvassed all City of Sebastian absentee ballots, five of which were in question by the Office of the Supervisor of Elections. Subsequent to his review, three of the five in question were invalidated by Councilman McCollum (one being from Roseland) and two of the five were validated by Councilman McCollum. Councilman McCollum completed his review at 5:35 p.m. At 5:47 p.m. two additional absentee ballots were received by the Office of the Supervisor of Elections. One ballot was validated by Councilman McCollum and the other was invalidated by virtue of the fact %hat it was unvoted. by: Councilman Robert McCollum Canvassing Board Representative Appr'Oved at the Hatch 19, 1990 Special Meeting. 'M. O'Halloran, CMC/AAE City Clerk