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HomeMy WebLinkAbout04111990City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-§$70 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 11, 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. Mayor Conyers called the meeting to order at 7:02 p.m. 2. The Pledge of Allegiance was recited. Invocation was given by Reverend Terri Hill, Sebastian Methodist Church. 4. ROLL CALL Present: Mayor W.E. Conyers Councilman Robert McCollum Vice Mayor Frank 0berbeck Councilman Lonnie Powell Councilman Lloyd Rondeau Also Present: City Manager, Robert McClary Assistant City Manager, JoAnne Townsend City Attorney, Charles Nash Director of Community Development, Bruce Cooper Chief of Police, Charles Reynolds Golf Course Superintendent, Chris McCarthy Interim City Engineer, David Fisher City Planner, Peter Jones City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting April 11, 1990 Page 2 90.097 90.098 90.099 90.100 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) None. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Presentation of Plaque Z Former Mayor, Richard B. Votapka Mayor Conyers presented the plaque to former Mayor Richard B. Votapka. B. Presentation__of Plaque L Former Vice Mayor, Robert McCarthy Former Vice Mayor Robert McCarthy was not in attendance. C. Presentation o__f Plaque_- Employees of the Quarter - January, February, & March 1990 - Phillip M. Patnode ~ Joseph C. Bricker Mayor Conyers presented plaques to Phillip M. Patnode and Joseph C. Bricker. D. Proclamation ~ Library ~ Mayor Conyers read and presented the proclamation to Joan Preuss and Lynn Walsh. The City Manager made a presentation to former Mayor Richard Votapka. 7. PUBLIC HEARING, FINAL ACTION None. 8. PUBLIC INPUT A. Non-Agenda Items None Received. B. Agenda Items Dr. Harry Beller, 1010 Persian Lane, Sebastian, questioned Eliot Curler's bill. He noted a Sebastian Sun article newspaper on the airport. 2 Regular City Council Meeting April 11, 1990 Page 3 Mayor Conyers asked the City Clerk to obtain copies of the article for Council members. 9. CONSENT AGENDA A. Approval of Minutes - 3/28/90 Regular Meeting 90.101 B. 90.102 C. 89.105 89.003 90.094 90.081 Request for Community Center - Ercildoune Lane Y.A.B.A. - 4/28/90 - 8 p.m. to 12 a.m. - Benefit Dance - A/B - James Long - DOB 10/1/45 - Security Paid Request for Community Center - Brown Wedding - 5/5/90 - 7 p.m. to 11 p.m. - A/B - Hubert Brown - DOB 7/14/58 - Security Paid D. Discontinue Airport Hotline (no backup) Disassociate Services of Special Attorney, Eliot Cutler (no backup) F. RESOLUTION NO. R-90-17 - City Boards 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 AN ACTIVE WARRANT CHECK BY THE POLICE DEPARTMENT; PROVIDING FOR RESIGNATION AND RE-APPOINTMENT; 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; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Bid Award - Golf Course - Twenty Two Tons Fertilizer - Kaiser/Estech of Ft. Pierce - $4694.80 (Staff Recommendation dated 4/5/90, Memo from Finance dated 4/5/90, Bid Tabulation Form) 3 Regular City Council Meeting April 11, 1990 Page 4 90.083 H. Bid Award - Parks Department - Riding Tractor - Goodknight Lawn Equipment of Vero Beach - 82711 (Staff Recommendation dated 4/5/90, Memo from Engineering dated 4/5/90, Bid Tabulation Form) Mayor Conyers read the consent agenda. The City Attorney read Resolution No. R-90-17 by title only. Councilman Rondeau removed item D for discussion. Mayor Conyers removed item C for discussion. MOTION by Powell/McCollum I move we accept consent agenda items A, B, E, F, G and H. ROLL CALL: Mayor Conyers - aye Councilman McCollum - aye Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye MOTION CARRIED 5-0. Item D Councilman Rondeau stated his reasons for recommending discontinuance of the hotline. MOTION by Rondeau/Powell I move we discontinue the hotline. ROLL CALL: Councilman McCollum - aye Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye MOTION CARRIED 5-0. Item D Mayor Conyers said there were problems at a recent wedding at the community center and urged that police be put on notice for closer patrol. 4 Regular City Council Meeting April 11, 1990 Page 5 90.037 90.104 10. 11. MOTION by Oberbeck/Powell i move we approve item C of the consent agenda. ROLL CALL: Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye Councilman McCollum - aye MOTION CARRIED 5-0. PRESENTATIONS None. COMMITTEE REPORTS/RECOMMENDATIONS Councilman McCollum said the Hardee Park program was moving ahead. Vice Mayor Oberbeck reported on the Indian River County Transportation Committee Meeting held this day. He said the committee had approved paving of 134th Street, discussed closed loop traffic control and approved Sebastian's request for inclusion of certain streets in the county's twenty year plan. Councilman Rondeau said that due %o lack of a p.a. system in the transportation committee's meeting room he would be unable to continue as a member. Vice Mayor Oberbeck accepted the regular membership. The City Manager said he and the interim City Engineer had attended the County Parks and Recreation Advisory Committee and their request, in concept, for an additional $20,000 for Barber Street Sports Complex had been accepted. In response to question by the Mayor, the City Manager said he had revoked the burn permit issued to Utility Systems of America, Inc. The City Manager was instructed to set up an informal breakfast for City Council and Indian River County Commission members. 5 Regular City Council Meeting April 11, 1990 Page 6 12. OLD BUSINESS 89.222 A. 13. 89.224 Architectural Review Board (Staff Recommendation dated 4/5/90, Memo from Kinchen dated 3/23/90, Ordinance Draft dated 3/19/90) The City Planner gave a brief history leading up to the ordinance draft presented to Council to create an architectural review board and encouraged Council to give it due consideration. The majority of Council opposed restrictions which could be placed by the board. MOTION by Oberbeck/Powell I move we deny approval of creation of architectural review board. ROLL CALL: Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye Councilman McCollum - aye Vice Mayor Oberbeck - aye MOTION CARRIED 5-0. NEW BUSINESS Bid Award - Mobile Shelving System - Storage Vault - Gold Coast Lundia Systems - $14,238.74 (Staff Recommendation dated 4/4/90~ Memo from City Planner dated 4/4/90, Bid Tabulation) After a brief explanation by the City Planner and City Clerk as to 3ustification for staff recommendation, motion was made as follows. MOTION by Powell/McCollum I move we award the bid for the mobile shelving system for the storage vault to Gold Coast Lundia Systems for $14,238.74. ROLL CALL: Councilman Rondeau - aye Mayor Conyers - aye Councilman McCollum - aye Vice Mayor Oberbeck - aye Councilman Powell - aye MOTION CARRIED 5-0. Regular City Council Meeting April 11, 1990 Page 7 14. MAYOR'S MATTERS 89.103 A. Discussion - Elimination of Assistant City Manager Position (City Manager Recommendation dated 4/4/90, R-89-37, City Manager Memo dated 5/18/89) Mayor Conyers began the discussion by reading a statement regarding his oDinion on the Assistant City Manager position. He recommended that the position not be funded for the next fiscal year and that the Assistant City Manager be offered severance pay and terminated immediately. Each Council member in turn stated his position. The City Manager presented a list of pending pro3ects for his office to demonstrate his need for an assistant. During the City Manager's presentation, Vice Mayor Oberbeck was excused from 8:41 p.m. to 8:43 p.m. and Councilman Rondeau was excused from 8:57 p.m. to 8:59 p.m. The City Manager went on to list the Assistant City Manager's duties and current pro3ects. Mayor Conyers requested a motion to eliminate the Assistant City Manager position. No motion was made. Councilman Powell was excused from 9:11 p.m. to 9:12 p.m. At the request of Councilman Powell and Vice Mayor Oberbeck, the City Attorney rendered the following opinion, "Procedurally what this Council would need to do if you want to delete the position of Assistant City Manager, you would have to pass a resolution which repealed or revoked Resolution R-89-37 and that's why making a motion on this issue at this meeting would not be proper". At the request of Vice Mayor Oberbeck, the City Attorney rendered an opinion on legal ramifications if they abolish the position. Attorney Nash said if Council abolishes the position at this time with no further discussion and no further fact finding he suspected the city would be sued and would find it difficult to defend the lawsuit. 7 Regular City Council Meeting April 11, 1990 Page 8 Mayor Conyers instructed the City Clerk to take a poll of Council to direct the City Attorney to provide Council with a checklist of items that they should address in making a determination as to whether to eliminate the Assistant City Manager position for the next fiscal year. Vice Mayor Oberbeck - aye Councilman McCollum - nay Mayor Conyers - aye Councilman Powell - aye Councilman Rondeau - nay The City Attorney was directed by majority of Council. Mayor Conyers called recess at 9:20 p.m. and reconvened the meeting at 9:35 p.m. Ail members of Council were present. 88.193 Police Facility Discussion (City Manager Recommendation dated 4/4/90, Ma~or's Notes, City Manager Memo dated 4/4/90, Letter from City Manager t_9o Stottler Stagg dated 4/4/90, Letter from Stottler Stagg dated 3/27/90, Memo from ~ity Manager dated 2/28/90) Mayor Conyers presented a plan of the Rockledge Police station and a lengthy discussion followed on the city's police facility design and location. The City Manager said twenty one architects' proposals had been received and are being reviewed and that the interim City Engineer would contract with an engineering consultant to do a cost estimate for the road work in Chessers Gap, which the City Manager would present to Council as his highest priority. Other Items Mayor Conyers questioned the size of pipes used for the north county sewer project and said he had requested the City Manager to contact County Utilities Director, Terry Pinto, to attend the April 25, 1990 City Council meeting to address questions. The City Manager said Mr. Pinto's attendance had not yet been confirmed. 8 Regular City Council Meeting April 11, 1990 Page 9 15. COUNCIL MATTERS A. Vice Mayor Oberbeck 90.095 1. 89.003 Remove Airport Moratorium (no additional backup) In response to question by Vice Mayor Oberbeck, the City Attorney said it is perfectly legal to remove the moratorium. MOTION by Oberbeck/McCollum I move we remove the existing moratorium on the airport. ROLL CALL: Mayor Conyers - aye Councilman McCollum - aye Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - nay MOTION CARRIED 4-1 (Rondeau - nay). Vice Mayor Oberbeck questioned reference to Golf Course flag card members in the Golf Course newsletter and requested that Domino's Pizza be contacted regarding their procedures for door to door advertisement. Possible Legal Action Against Firm o__f Cutler & Stanfield (Excerpt from 6/12/89 Special City Council Meeting Minutes, Memo from Assistant City Manager to Council dated 2/21/90) MOTION by Oberbeck/Powell I move that we have the Attorney continue to proceed to find an attorney to represent us in legal action against the firm of Cutler & Stanfield to recover the expenses of the airport enterprise fund, the attorney to be secured on a contingency basis. ROLL CALL: Councilman McCollum - aye Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye MOTION CARRIED 5-0. 9 Regular City Council Meeting April 11, 1990 Page 10 B. Councilman McCollum None. C. Councilman Powell None. D. Councilman Rondeau None. 16. CITY ATTORNEY MATTERS 90.103 A. Report o~n Abandoned Buildings i~n Ci_~ (no backup) The City Attorney reported on the status of abandoned buildings in the city. He said seven of the buildings are not hazardous· one hazardous building is in a bankruptcy proceeding and when released the Department of Community Development will begin enforcement action against the owners. 17. CITY MANAGER MATTERS The City Manager reported on GDC's bankruptcy and its long range impact on the city. 18. Mayor Conyers ad3ourned the meeting at 10:30 p.m. Kathr~M. O'Halloran, City Clerk · 1990 ~~..~Q Council Meeting. W.E. C°nYers, Ma~~ 10 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 90.097 90.098 90.099 90.100 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 11, 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. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3 · INVOCATION 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Presentation of Plaque - Former Mayor, Richard B. Votapka B. Presentation of Plaque - Former Vice Mayor, Robert McCarthy C. Presentation of Plaque - Employees of the Quarter- January, February, & March 1990- Phillip M. Patnode & Joseph C. Bricker D. Proclamation - Library Day 7. PUBLIC HEARING, FINAL ACTION None. 90.101 90.102 89.105 89.003 90.094 90.081 8. PUBLIC INPUT A. Non-Agenda Items None Received. B. Agenda Items 9. CONSENT AGENDA A. Approval of Minutes - 3/28/90 Regular Meeting Request for Community Center - Ercildoune Lane Y.A.B.A. - 4/28/90 - 8 p.m. to 12 a.m. - Benefit Dance - A/B - James Long - DOB 10/1/45 - Security Paid Request for Community Center - Brown Wedding - 5/5/90 - 7 p.m. to 11 p.m. - A/B - Hubert Brown - DOB 7/14/58 - Security Paid D. Discontinue Airport Hotline (no backup) Disassociate Services of Special Attorney, Eliot Cutler (no backup) F. RESOLUTION NO. R-90-17 - City Boards 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 AN ACTIVE WARRANT CHECK BY THE POLICE DEPARTMENT; PROVIDING FOR RESIGNATION AND RE-APPOINTMENT; 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; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Bid Award - Golf Course - Twenty Two Tons Fertilizer - Kaiser/Estech of Ft. Pierce - S4694.80 (Staff Recommendation dated 4/5/90, Memo from Finance dated 4/5/90, Bid Tabulation Form) 2 90.083 89.222 89.224 89.103 88.193 90.095 89.003 Bid Award - Parks Department - Riding Tractor - Goodknight Lawn Equipment of Vero Beach - $2711 (Staff Recommendation dated 4/5/90, Memo from Engineering dated 4/5/90, Bid Tabulation Form) 10. PRESENTATIONS 11. 12. None. COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS Architectural Review Board (Staff Recommendation dated 4/5/90, Memo from Kinchen dated 3/23/90, Ordinance Draft dated 3/19/90) 13. NEW BUSINESS Bid Award - Mobile Shelving System - Storage Vault - Gold Coast Lundia Systems - $14,238.74 (Staff Recommendation dated 4/4/90, Memo from City Planner dated 4/4/90, Bid Tabulation) 14. MAYOR'S MATTERS Discussion - Elimination of Assistant City Manager Position (City Manager Recommendation dated 4/4/90, R-89-37, City Manager Memo dated 5/18/89) Police Facility Discussion (City Manager Recommendation dated 4/4/90, Mayor's Notes, City Manager Memo dated 4/4/90, Letter from City Manager to Stottler Stagg dated 4/4/90, Letter from Stottler Stagg dated 3/27/90, Memo from City Manager dated 2/28/90) 15. COUNCIL MATTERS A. Vice Mayor Oberbeck Remove Airport Moratorium (no additional backup) Possible Legal ACtion Against Firm of Cutler & Stanfield (Excerpt from 6/12/89 Special City Council Meeting Minutes, Memo from Assistant City Manager to Council dated 2/21/90) 3 90.103 16. 17. 18. B. Councilman McCollum C. Councilman Powell D. Councilman Rondeau CITY ATTORNEY MATTERS A. Report on Abandoned Buildings in City (no backup) CITY MANAGER MATTERS ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 4