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Home My WebLink About03081989City of Sebastian POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 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. Vice Mayor Roth led the Pledge of Allegiance. 3. Invocation was given by Bishop Anthony Varano, Conservative Christian 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, Hetty Johns Chief of Police, Earle Petty City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio 89.033 89.037 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) MOTION by Roth/McCarthy I move we remove items 89.035 Appoint Ted Ahneman (Currently Alternate), Regular Member of Airport Advisory Board; 89.036 Construction Board ~ Accept Resignation of David Greenldge, Alternate Concerned Citizen Position; and 89.014 ORDINANCE NO. 0-89-02 - Prohibiting Train Whistles between 10 p.m. and 6 a.m. from the agenda. ROLL CALL: Councilman McCarthy - aye Councilman Metcalf - nay Vice Mayor Roth - aye Councilman Vallone - nay Mayor Votapka - eye nay MOTION FAILED 2-3 (Metcalf, Vallone, Votapka - nay) 6. CONSENT AGENDA Approval of Minutes - 2/21/89 Special Meeting, 2/22/89 Regular Meeting, 3/1/89 Workshop Resolution No. R-89-14 - Abandonment of Easement - Lots 11 & 12, Block 14, Unit 1, SH Councilman Metcalf - Request for Authorization for Reimbursement of Funds for Attendance at FAU Institute of Government - Implementation of the 1985 Growth Management Act Seminar - 3/31/89 Mayor Votapka removed the 3/1/89 Workshop minutes. Councilman McCarthy concurred. MOTION by Roth/Vallone I move we approve Consent Agenda items (A) Approval of Minutes - 2/21/89 Special Meeting, 2/22/89 Regular Meeting; 89.033 (B) Resolution No. R- 89-14 - Abandonment of Easement - Lots 11 & 12, Block 14, Unit 1, SH; and 89.037 (C) Councilman Metcalf - Request for Authorization for Reimbursement of Funds for Attendance at FAU institute of Government - Implementation of the 1985 Growth Management Act Seminar - 3/31/89. ROLL CALL: Councilman Metcalf - aye Vice Mayor Roth - aye Councilman Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye MOTION CARRIED 5-0. 2 88.069 Mayor Votapka amended the March 1, 1989 workshop minutes to note that Vice Mayor Roth's absence was unexcused. He requested that in the future Council members notify City Hall in the case of an absence. Councilman McCarthy amended the March l, 1989 minutes as follows: Page four, paragraph five add "commercial vehicle" between the words "limit" and "overnight". He also noted paragraphs eight and ten on the same page regarding instruction by the Mayor and Councilman Metcalf to staff and requested that all instructions to staff go through the City Manager. Mayor Votapka said that following discussion, by Council consensus, and for reasons of clarification for the City Clerk's office, he sums up Council's intent on staff instructions. MOTION by Vallone/Metcalf I move we approve the 3/1/89 Workshop minutes as amended to note an unexcused absence for Vice Mayor Roth and on page four, paragraph five add "commercial vehicle" between the words "limit" and "overnight" VOICE VOTE on the motion carried 4-1 (Roth - nay) PROCLAMATIONS AND/OR ANNOUNCEMENTS The City Manager announced that Robert Nicholson, Code Enforcement Officer would begin employment on March 13, 1989 and Peter Jones, City Planner, would begin employment on March 20, 1989. PUBLIC HEARING, FINAL ACTION None. 9. PUBLIC INPUT ae Sebastian Creative Playground - Request for $3000 for Purchase of Materials Jane Lewis and Rick Giteles, Exchange Club, presented the request for funds for the Creative Playground. The City Manager said overall Capital Improvements funds are available and no budget amendment is needed at this time. MOTION by Vallone/Metcalf I move we grant the request of the Exchange Club for $3000 from Capital Improvements for purchase of materials for the Creative Playground. 3 Vice Mayor Roth requested that the motion be amended to take the funds from unappropriated surplus. No amendment was made. ROLL CALL: Vice Mayor Roth - aye Councilman Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye MOTION CARRIED 5-0. B. Other Public Matters Andrew O'Loughlin requested the right to speak under discussion of Ordinance No. 0-89-02 Train Whistles. The City Manager noted that the public has the right to speak under Public Input which is placed at the beginning of all agendas but encouraged Council to set aside time for its own deliberation and not allow public debate since the public hearing on this ordinance had already been held. Mayor Votapka said that although he did not want a public debate, input from the public during a Council deliberation would be more relevant. The City Manager said he strongly encouraged Council to stop the practice of allowing public debate during deliberations. He then recommended that this item be moved up if Council was going to allow public participation. MOTION by Vallone/Metcalf I move that 89.014 (A) ORDINANCE NO. 0-89-02 - Prohibiting Train Whistles between 10 p.m. and 6 a.m. be moved prior to presentations. VOICE VOTE on the motion carried 4-1 (McCarthy - nay) Lloyd Rondeau questioned whether Mayor Votapka intended to read his open letter to the citizens of Sebastian regarding the airport referendum at this meeting. Mayor Votapka responded that the letter had been distributed to the press and was on the reading board in City Hall and that he would not read it at this meeting. John Evans requested permission to discuss the Mayor's letter if the Mayor discussed it under Mayor's matters. 4 89.014 88.193 10. ORDINANCE NO. 0-89-02 - Prohibiting Train Whistles between 10 p.m. and 6 a.m. Tabled from 2/22/89 Regular Meeting 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. Attorney Nash read Ordinance No. 0-89-02 by title only. Andrew O'Loughlin, 3345 S. Derry Drive, urged approval of Ordinance No. 0-89-02. Attorney Nash stated that Cocoa Attorney, Richard Amari, had provided the Cocoa City Council with only an oral opinion regarding incurred liability in the prohibition of train whistles. MOTION by Vallone I move we adopt Ordinance No. 0-89-02 as read by the City Attorney by title only. MOTION died for lack of a second. PRESENTATIONS Am Stottler Stagg & Associates - Police Station Site Evaluations Roy Cowell, Stottler Stagg and Associates, presented the site evaluations for the police station and recommended site #2 located north of CR 512 and west of Louisiana, which is the current site of the city Vehicle Maintenance Garage. The City Manager concurred with the recommendation, expressed his opinion that if Council desired to use this site that another site should be sought for a Public Works compound and vehicle maintenance and recommended that action be deferred until results of the County sales tax referendum are in. 89.034 89.035 89.036 11. Mr. Cowell and Chief Petty recommended against the renovation of the present library site adjacent to the existing police station due to lack of adequate space and parking and close proximity to a children's playground. MOTION by Metcalf/McCarthy I move we defer action on site selection for a police station until the March 22, 1989 regular meeting. VOICE VOTE on the motion carried 5-0. COMMITTEE REPORTS/RECOMMENDATiONS A. AIRPORT ADVISORY BOARD Accept Resignation of Roger Cooper, Regular Member o~f Airport Advisory Board MOTION by Vallone/Metcalf I move we accept the resignation of Roger Cooper from the Airport Advisory Board with regret. VOICE VOTE on the motion carried 5-0. Appoint Ted Ahneman (Currently Alternate), Regular Member of Airport Advisory Board MOTION by Metcalf/McCarthy i move we appoint Ted Ahneman as regular member of the Airport Advisory Board. VOICE VOTE on the motion carried 5-0. (Mr. Ahneman is filling the unexpired term for Roger Cooper whose term would have expired in December 1989) B. CONSTRUCTION BOARD Accept Resignation of David Greenid~e, Alternate Concerned Citizen Position MOTION by Vallone/Roth I move we accept the resignation of David Greenidge as alternate concerned citizen of the Construction Board. VOICE VOTE on the motion carried 5-0. (Mr. Greenidge was appointed in October 1988 and his term would have expired in October 1991) 6 88.119 12. 13. OLD BUSINESS Resolution No. R-89-13 - Policy on City Board Appointments A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS; ESTABLISHING UNIFORM PROCEDURE FOR APPOINTMENT; PROVIDING FOR LENGTH OF TERM; ESTABLISHING A RESIDENCY REQUIREMENT; PROVIDING FOR ALTERNATE MEMBERS; ESTABLISHING DUTIES OF THE CITY CLERK; PROVIDING FOR UNIFORM APPLICATION; REQUIRING A PRE- APPOINTMENT INVESTIGATION INTO THE APPLICANT'S BACKGROUND; PROVIDING FOR RESIGNATION AND RE- APPOINTMENT; ESTABLISHING A CONTINUING OBLIGATION TO REPORT A CHANGE IN STATUS; ESTABLISHING A PROCEDURE TO FILL AN UNEXPIRED TERM IN THE EVENT OF A VACANCY; PROVIDING FOR SOLICITATION OF APPLICANTS BY THE CITY CLERK; ESTABLISHING APPLICANT INTERVIEW PROCEDURES; REQUIRING THE CITY CLERK TO PROVIDE APPOINTEES WITH ETHICAL AND FINANCIAL DISCLOSURE INFORMATION; PROVIDING GROUNDS FOR REMOVAL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Nash read Resolution No. R-89-13 by title only. MOTION by Vallone/Metcalf I move we adopt Resolution No. R-89-13 as read by the City Attorney by title only. 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 8:55 p.m. and reconvened the meeting at 9:05 p.m. Ail members present at recess were present at recall. MAYOR'S MATTERS Mayor Votapka urged all citizens to vote on March 14, 1989, and vote yes on all referendums except the airport referendum. 7 14. 15. COUNCIL MATTERS A. Vice Mayor Roth Vice Mayor Roth said it had been an honor to serve on the City Council and hoped it would continue. B. Councilman Vallone Councilman Vallone said he hoped public comments about lack of past and current Council positive action would stop. C. Councilman McCarthy Councilman McCarthy said he had released a letter regarding his feelings on the airport referendum to the press and urged the public to vote yes on the airport referendum. In response to recent criticism of the Director of Community Development's credentials, Councilman McCarthy read the following for the record, "Mr. Cooper was a Building Inspector and certified number 1549 by the Southern Building Code Congress International (SBBCI). As a plumbing inspector he's certified license number 606 also by the Southern Building Code Congress; Assistant Chief Inspector certified number 978, that's his number by the BOAF which is the Building Officials Association of Florida; Building Inspector certified number 029 FBBCS, which is Florida Board of Building Codes and Standards; Chief Inspector certified number 1030 Building Officials Association of Florida and the Building Official/Department Director certified number 1070 Building Officials Association of Florida". He went on to say that from July 1987 to March 1989, 1488 permits have been issued from the Department of Community Development, of which 69 were commercial, 617 were single family residence and 802 were miscellaneous, and that 9000 inspections were done. D. Councilman Metcalf Councilman Metcalf expressed hope that Councilman would be elected who are willing to participate as liaisons to other governmental boards. CITY ATTORNEY MATTERS Attorney Nash expressed gratitude for Council approval of his request to attend the Florida Bar Association Seminar on March 10 and 11, 1989. 8 16. 17. CITY MANAGER MATTERS The City Manager said he would complete his first year with the City on March 15, 1989, has en3oyed working with the City Council, and requested patience on the appointment of the Chief of Police since there were 244 applications received. Mayor VotaDka adjourned the meet±ng at 9:30 p.m. Approved as amended at the March 22, 1989 Regular Council Meeting. Richard B. Votapka, Mayor 9