The URL can be used to link to this page

Home My WebLink About03221989City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 M i N U T E S SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 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 7:00 p.m. 2. Councilman McCollum led the Pledge of Allegiance. 3. Invocation was given by Rabbi Jayr. Davis, Temple Beth Shalom. 4. 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 Director of Community Development, Bruce Cooper Finance Director, Carol Carswell City Engineer, Horry Johns Chief of Police, Earle Petty Golf Course Manager, William Vincent City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio 1 89.038 89.039 89.040 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) The City Manager requested that rescheduling of the March 29, 1989 Special Meeting to April 19, 1989 be added to the agenda under City Manager's Matters. MOTION by McCarthy/McCollum I move we reschedule the March 29, 1989 Special to April 19, 1989. VOICE VOTE on the motion carried 5-0. 6. CONSENT AGENDA A. Approval of Minutes - 3/8/89 Regular Meeting St. Sebastian Catholic Church - Request Waiver of Fees for 7th Annual Festival - April 6-9, 1989 (Letter dated 2/19/89) Award Bids for Sale of City Vehicles (Staff Recommendation dated 3/13/89) Award Bid for Golf Course Fertilizer (Staff Recommendation dated 3/17/89) The City Manager requested that Consent Agenda item (6)(B) be removed. Mayor Votapka removed Consent Agenda item (6)(A). MOTION by McCarthy/Oberbeck I move we approve Consent Agenda items 89.039 (C) Award Bids for Sale of City Vehicles (Staff Recommendation dated 3/13/89); and 89.040 (D) Award Bid for Golf Course Fertilizer (Staff Recommendation dated 3/17/89). ROLL CALL: Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye MOTION CARRIED 5-0. A. Approval of Minutes L 3/8/89 Regular Meeting Mayor Votapka amended the March 8, 1989 minutes as follows: page 2, item 5, roll call vote, change Mayor Votapka vote to "nay"; and page 4, first roll call vote change Roth vote to "nay". (Upon review of the tape of the meeting it was found that Vice Mayor Roth's vote was "aye" as noted in the minutes.) 2 89.038 MOTION by McCarthy/MCCollum I move we approve the March 8, 1989 Regular Meeting Minutes as amended. VOICE VOTE on the motion carried 5-0. St. Sebastian Catholic Church - Request Waiver of Fees for 7th Annual Festival ~ April 6-9L 1989 (Letter dated 2/19/89) The City Manager said the dates for the festival had been changed to April 13 through April 16, 1989. MOTION by McCollum/Oberbeck I move we approve the request of St. Sebastian Catholic Church for waiver of fees for the 7th Annual Festival - April 13-16, 1989. VOICE VOTE on the motion carried 5-0. 7. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation L Library Day - April 10, 1989 Mayor Votapka read and presented the proclamation to Elizabeth O'Connor and Lynn Walsh. 8. PUBLIC INPUT Mayor Votapka opened public input at 7:14 p.m. Thomas Woodward, 1084 Barber Street, requested a waiver of the ten day time limit for appeal to Council regarding Planning and Zoning denial of his request for a home occupational license. MOTION by Oberbeck/McCarthy I move we hear Thomas Woodward's appeal to Planning and Zoning's denial of his application for a home occupation license at the April 12, 1989 Regular meeting. The City Manager said that backup would be provided to Council in their April 5, 1989 Workshop agenda packets. VOICE VOTE on the motion carried 5-0. 3 88.193 9. OLD BUSINESS Police Station Site Selection (deferred from 3/8/88) (Report dated 3/1/89) Roy Cowell, Stottler Stagg & Associates, gave a brief history of the police facility study and, based on availability and cost, recommended site #2, Louisiana Avenue and CR 512. Discussion followed on the possibility of using site #5, Stottler Stagg's second recommendation and the current sate of City Hall, and whether the Little League would be willing to renegotiate and trade-off its lease with the City for the Main Street field when the Barber Street Sports Complex is completed. Discussion also took place on the completion of the CR 512 twin pairs and timetable for resolution of the issue of a railroad crossing on the westbound lanes. MOTION by Rondeau/McCarthy I move we table police station site selection discussion for definite word from Indian River County regarding the final solution to CR 512. MOTION and SECOND were amended to add "until the April 12, 1989 Regular Meeting". Vice Mayor McCarthy also asked that Little League's input regarding lease renegotiation also be included. Randy Snyder, Sebastian Area Little League, said he would bring this item to his committee for approval of the release of the lease for the Main Street ballfield contingent upon a move to Barber Street Sports Complex. ROLL CALL: (on the amended motion) Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye MOTION CARRIED 5-0. 4 88.098 89.041 Golf Course Consultant - Enter Into Negotiations With National Golf Foundation (Staff Recommendation dated 3/14/89) The City Manager said that, according to the City's auditors, the condition of the bond indenture that mandated a management evaluation on a three year .cycle had been met by an agronomist report done by the U.S. Golf Association in July of 1988. He said whether the city should proceed any further was a Council policy decision. The City Manager said he would provide copies of the agronomist report if it was not circulated previously. MOTION by McCarthy/Oberbeck I move we refuse all proposals received pertaining to golf course consultants. ROLL CALL: Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye MOTION CARRIED 5-0. 10. COMMITTEE REPORTS/RECOMMENDATIONS A. PARKS AND RECREATION Accept Resignation of Nathan McCollum - Chairman - Effective March 29, 1989 (Letter dated 3/15/89) MOTION by McCarthy/Rondeau I move we accept the resignation of Nathan McCollum from the Parks and Recreation Committee, effective March 29, 1989, with regret. The City Manager advised Council that this position will not be filled due to previous Council motion to reduce the Parks and Recreation Committee to five regular members and one alternate and that election of Chairman will take place on March 28, 1989. VOICE VOTE on the motion carried 5-0. 5 88.129 Recommendation o__n Barber Street Sports Complex (Memo dated 3/16/89) The City Manager presented the conceptual plan for Barber Street Sports Complex and requested Council concurrence so that a final engineering drawing can be done to bring to Planning and Zoning for approval and a budget and operation plan can be developed. He recommended a public input meeting regarding this matter on April 12, 1989. MOTION by Oberbeck/McCollum I move we place the Barber Street Sports Complex on the April 12, 1989 Regular Meeting agenda for public input. VOICE VOTE on the motion carried 5-0. Mayor Votapka called recess at 8:35 p.m. and recalled the meeting at 8:48 p.m. Ail members present at recess were present at recall. 11. MAYOR'S MATTERS Mayor Votapka read a letter from Ilia Quinones-Flott, FAA, dated March 16, 1989 and his letter of response for Council consideration. At the request of Vice Mayor McCarthy, the following sentence was added to the letter to the FAA; "The Sebastian City Council will be happy to meet with representatives of the FAA to discuss our recommenda- tions in the future as to the implementation of the noise and user fee regulations.". The City Clerk was instructed by Council consensus to send the letter to the FAA. Vice Mayor McCarthy said he had asked the City Clerk and City Manager to place certain items on the agenda but when he discovered the item requested by Councilman Rondeau pertaining to the airport, not wishing to clutter up the agenda, he said he decided to speak to various items under that agenda item. With Council concurrence, Mayor Votapka appointed George Schum as liaison to the National Organization on Disabilities for 1989/90. 6 12. COUNCIL MATTERS 89.003 A. Vice Mayor McCarthy Vice Mayor McCarthy announced the groundbreaking this day for the Creative Playground and urged people to volunteer for construction'from April 12 through April 16, 1989. B. Councilman McCollum Councilman McCollum urged people to volunteer for the Creative Playground construction. C. Councilman Oberbeck Councilman Oberbeck urged people to volunteer for the Creative Playground, commended the City Clerk for the procedures manual, and questioned timetable for the mutual aid agreement. The City Manager said discussion of the mutual aid agreement was scheduled for the April 5, 1989 workshop. D. Councilman Rondeau Discuss Policy of Charging Airport Related Expenses, e.g., Legal Fees, to Airport Fund MOTION by Rondeau/McCarthy I move "...that all the Council discuss the procedure to be followed about the city retaining an attorney in case we have any lawsuits regarding the airport referendum. Mr. Cutler from Washington, D.C., wrote the referendum. It would seem to be natural that he's guy we ought to talk to and make sure that any monies laid out come out of the airport fund and not out of the city's treasury and I make a motion to that effect". "I think the motion should be changed and we ought to have a motion that we should be able to notify him that we will contact him if he is needed to protect the city in case of any lawsuits regarding the airport referendum." (This is when Vice Mayor McCarthy seconded the motion.) A lengthy discussion followed. The City Manager noted that any lawsuits filed against the City should be examined by the City's insurance carrier. The Vice Mayor stated the City was asking for a proposal and the request did not mean the City was going to accept the proposal. 89.044 87.027 ROLL CALL: Councilman Rondeau - aye Mayor Votapka - nay Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - nay MOTION CARRIED 3-2 (Votapka, Oberbeck - nay) The City Manager reiterated that what Council is seeking from Attorney Cutler is a statement of qualifications and a fee schedule. Council concurred. Other Matters MOTION by McCarthy/Rondeau I move we enact Section 3-5.10 of the Code of Ordinances and hire a part-time Airport Director to work directly with the City Manager. John Van Antwerp said that when appointed Airport Manager he was also appointed director. The City Manager stated, with the concurrence of Attorney Nash, that the Airport Manager does not come under the Jurisdiction of the City Manager and that he would circulate a letter to this effect to the City Council and the Airport Advisory Board. ROLL CALL: Mayor Votapka - nay Vice Mayor McCarthy - aye Councilman MCCOllum - aye Councilman Oberbeck - nay Councilman Rondeau - aye MOTION CARRIED 3-2 (Votapka, Oberbeck - nay) Vice Mayor McCarthy questioned whether Council could instruct the City Manager to request the FAA to return the Airport Master Plan to incorporate changes or whether a motion was needed. MOTION by Rondeau/McCollum I move that Council request the FAA to return the Airport Master Plan to incorporate changes. Mayor Votapka said this could be added to his letter to the FAA. VOICE VOTE on the motion carried 5-0. 89.045 89.046 MOTION by McCarthy/Rondeau I move we dissolve the Airport Advisory Board. Attorney Nash advised that an ordinance would have to be drafted to effectuate the dissolution and amend Section 3.5-4 Code of Ordinances. MOTION and SECOND were withdrawn. MOTION by McCarthy/Rondeau I move we instruct the City Attorney to draft an ordinance to dissolve the Airport Advisory Board. ROLL CALL: Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - nay Councilman Rondeau - aye Mayor Votapka - nay MOTION CARRIED 3-2 (Oberbeck, Votapka - nay) Attorney Nash said the Airport Manager currently reports to the Airport Advisory Board and requested information for the ordinance as to whom he will now report. Council concurred that he should report to the City Manager. MOTION by McCarthy/McCollum I move we instruct the City Engineer to draft an advertisement for bids for slurry seal of runway 4/22 100' X 4000' and 150' X 4000', stripe runways, and remove lights on 4/22 at the airport. ROLL CALL: Councilman McCollum - aye Councilman Oberbeck - nay Councilman Rondeau - aye Mayor Votapka - nay Vice Mayor McCarthy - aye MOTION CARRIED 3-2 (Oberbeck, Votapka - nay) Councilman Oberbeck was excused from the meeting from 9:50 p.m. to 9:52 p.m. 13. CITY ATTORNEY MATTERS Attorney Nash said he had provided the City Clerk with videotapes entitled "Commission on Ethics - Ethics and the Public Official" and "Florida League of Cities - Government in the Sunshine Law" for viewing by new City Council members. 9 89.042 14. CiTY MANAGER MATTERS A. Discuss Public Input Policy The City Manager advised that it would be in the best interest of Council if it adopted a more restrictive policy toward public input at Council meetings. Council concurred to place discussion of policy on the May 3, 1989 workshop agenda. 15. Mayor Votapka adjourned the meeting at 10:05 p.m. Approved at the Kathry~M. O'Halloran, City Clerk , 1989 ~~~ Council Meet'lng. Richard B. Votapka, Mayor 10