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Home My WebLink About04251990City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 90.106 90.045 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 25, 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 - Reverend Donald Swope, Sebastian Presbyterian Church 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation - City School Day 7. PUBLIC HEARING, FINAL ACTION 8. PUBLIC INPUT A. Non-Agenda Items 1. Leonard Bassi - "My Home and Its Problems and Other Homes Owners" (no backup provided) B. Agenda Items 90.107 90.108 90.109 90.110 90.111 90.112 90.113 10. 11. 9. CONSENT AGENDA Approval of Minutes - 4/4/90 Workshop, 4/11/90 Regular Meeting Request for Community Center - Clopein Wedding - 9/1/90 - 5 pm - 9 pm - A/B - Permittee Patricia Clopein DOB 1/8/50 - Security Paid Waiver of Bid Procedure - Purchase Radio Dispatch Base Station - Communications International, Inc. - $3,574.68 (Staff Recommendation dated 4/16/90, Memo from Chief Reynolds dated 4/13/90) Request for Fee Waiver - Use of Community Center - Friends of the Sebastian Area County Library - Children's Program - 6/8/90, 7/13/90 and 8/10/90 - 7 pm to 9 pm (Staff Recommendation dated 4/16/90, Letter from Wolstenholme dated 4/9/90) E. RESOLUTION NO. R-90-16 - Abandonment of Easement A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE NORTH FIVE FEET OF LOT 4 AND THE SOUTH FIVE FEET OF LOT 5, BLOCK 52, UNIT 2, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5/36, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. Fiscal 1990-91 Budget Calendar (City Manager Recommendation dated 4/19/90, Calendar) PRESENTATIONS Audit Report for Fiscal Year Ended 9/30/89 - Ms. Carol Duffey, Dobson, Bjerning, Duffey & Rosenfield (Audit Report Previously Distributed) COMMITTEE REPORTS/RECOMMENDATIONS A. PARKS AND RECREATION COMMITTEE Recommendation - Appointment of Harry DiSalvio as Alternate Member (Staff Recommendation dated 4/18/90, Memo from City Clerk dated 4/11/90, Application w/ attached 1/22/90 P.D. memo, 3/27/90 Parks and Recreation Minutes - pg 7, Memo from City Clerk dated 4/11/90) 90.114 90.115 90.116 88.193 12. 13. 14. 15. 16. 17. 18. 2. Recommendation - Fee Waiver for Youth Softball (City Manager Recommendation dated 4/18/90, R-89-24, R-89-33) B. PLANNING AND ZONING COMMISSION 1. Site Plan Extension - Richard Brunton (P & Z Recommendation dated 4/19/90, Memo from P & Z dated 4/17/90, Letter from Brunton dated 3/13/90) 2. Vicker's Sandmine III - Draft Resolution/Set Special Use Permit Public Hearing 5/9/90 (P & Z Recommendation dated 4/18/90, Memo from P & Z dated 4/16/90, Memo from Technical Review Committee dated 3/29/90, Letters dated 3/8/90 and 2/15/90 from Mayfield, Application) OLD BUSINESS NEW BUSINESS MAYOR'S MATTERS COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman McCollum C. Councilman Powell D. Councilman Rondeau CITY ATTORNEY MATTERS CITY MANAGER MATTERS A. Police Department Station Site - Report on Off- Site Improvements (City Manager Recommendation dated 4/9/90, Report dated 4/17/90) 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.) 3 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 MINUTES SEBASTIAN CiTY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 25, 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 Donald Swope, Sebastian Presbyterian 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, Jo Anne Townsend City Attorney, Charles Nash Director of Community Development, Bruce Cooper Finance Director, Carol Carswell Acting Golf Course Manager, Jim DeLarme City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting April 25, 1990 Page Two 90.106 90.045 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) At the request of the City Manager, motion was made as follows: MOTION by Oberbeck/McCollum I move we add to the agenda under Mayor's matters a discussion on seating for the Council and the appointment of a temporary Golf Course Manager. VOICE VOTE on the motion carried 5-0. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation - City School Day Mayor Conyers read and presented the proclamation to Angle Bird. PUBLIC HEARING, FINAL ACTION None. 8. PUBLIC INPUT A. Non-Agenda Items Leonard Bassi - "My Home and Its Problems and Other Homes Owners" (no backup provided) Leonard Bassi, 573 Browning Terrace, Sebastian, expressed discontent with the manner in which staff handled his request for satisfaction for alleged code violations in his home; requested the City Council to direct the City Attorney to send a letter to Mr. Bassi's builder stating that he had abandoned Mr. Bassi's house; and requested Council to eliminate the Director of Community Development's position. Mayor Conyers directed the City Manager to look into the two questions, see if the City Attorney should be involved and possibly place the matter on a future agenda. B. Agenda Items Ruth Sullivan, 1215 Indian River Drive, Sebastian, presented a letter for distribution to the City Council regarding the north county sewer project and spoke on the police facility site. 2 Regular City Council Meeting April 25, 1990 Pa§e Three 90.107 90.108 Thomas Wojciechowski, 425 Pearson Street, Sebastian, spoke on the Acting Golf Course Manager position. Carmen Strogel, 1605 U.S. #1, Sebastian, spoke on the police facility site and the position of Assistant City Manager. Mrs. Strogel spoke on the police facility site. Edward Rogers deferred to Mayor's Matters. Charles Martin, 1013 Blossom Drive, Sebastian, spoke on the Acting Golf Course Manager. Leonard Bassi again addressed Council. Following a brief discussion, it was decided that Mr. Bassi should provide sufficient backup information to the City Clerk's office for a future agenda packet. The City Attorney said he and staff could also provide backup. Mayor Conyers called recess at 8:20 p.m. and reconvened the meeting at 8:32 p.m. All City Council members were present. Arthur C. Muenckler, 425 Ponoka Street, Sebastian, questioned the status of funds he placed in escrow with General Development Corporation for future water and sewer. The City Manager invited Mr. Muenckler to meet with him next Monday and the City Attorney advised him to contact the Clerk of Bankruptcy Court in Miami. 9. CONSENT AGENDA Approval of Minutes - 4/4/90 Workshop, 4/11/90 Regular Meeting Request for Community Center - Clopein Wedding - 9/1/90 - 5 pm - 9 pm - A/B - Permittee Patricia Clopein DOB 1/8/50 - Security Paid Waiver of Bid Procedure - Purchase Radio Dispatch Base Station - Communications International, Inc. - 83,574.68 (Staff Recommendation dated 4/16/90, Memo from Chief Reynolds dated 4/13/90) 3 Regular City Council Meeting April 25, 1990 Page Four 90.109 D. Request for Fee Waiver - Use of Community Center - Friends of the Sebastian Area County Library - Children's Program - 6/8/90, 7/13/90 and 8/10/90 - 7 pm to 9 pm (Staff Recommendation dated 4/16/90, Letter from Wolstenholme dated 4/9/90) 90.110 E. RESOLUTION NO. R-90-16 - Abandonment of Easement A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE NORTH FIVE FEET OF LOT 4 AND THE SOUTH FIVE FEET OF LOT 5, BLOCK 52, UNIT 2, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 5/36, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. 90.111 Fiscal 1990-91 Budget Calendar (City Manager Recommendation dated 4/19/90, Calendar) Mayor Conyers read the consent agenda in its entirety including the title of Resolution No. R-90- 16. Vice Mayor Oberbeck removed item C for discussion. MOTION by McCollum/Oberbeck I move we approve consent agenda items A, B, D, E and F. Item C Vice Mayor Oberbeck questioned whether certification had been provided by the Chief of Police that the purchase is in compliance with FS 932.704 (3)(a). The City Manager said certification must be furnished and made part of the file. MOTION by Powell/McCollum I move we approve consent agenda item C. ROLL CALL: Councilman McCollum - aye Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye MOTION CARRIED 5-0. 4 Regular City Council Meeting April 25, 1990 Page Five 10. PRESENTATIONS 90.112 A. 90.113 90.114 Audit Report for Fiscal Year Ended 9/30/89 - Ms. Carol Duffey, Dobson, Bjerning, Duffey & Rosenfield (Audit Report Previously Distributed) Carol Duffey, Dobson, Bjerning, Duffe¥ and Rosenfield, introduced Lark Janes and Marilyn Swltchkow and proceeded to present the audit report for the fiscal year ending September 30, 1989. 11. COMMITTEE REPORTS/RECOMMENDATIONS A. PARKS AND RECREATION COMMITTEE Recommendation_- Appointment __°f Harry DiSalvio as Alternate Member (Staff Recommendation dated 4/18/90, Memo from City Clerk dated 4/11/90, Application w/ attached 1/22/90 P.D. memoj 3/27/90 Parks and Recreation Minutes_- pg 7, Memo from City Clerk dated 4/11/90) MOTION by Rondeau/McCollum I move we appoint Marry DiSalvio as alternate member. Vice Mayor Oberbeck requested a clarification from the City Attorney regarding dual office holding. It was decided the City Clerk would review the Handicapped Self-Evaluation Committee to ascertain whether or not they are solely advisory and place this item on a future agenda. MOTION and SECOND were withdrawn. MOTION by Oberbeck/Powell i move we postpone this to a later date until we get the information from the Attorney or staff. VOICE VOTE on the motion carried 5-0. Recommendation - Fee Waiver for Youth Softball (City Manager Recommendation dated 4/18/90, R-89-24, R-89-33) Subsequent to presentation by the Assistant City Manager and a brief discussion, motion was made as follows. 5 Regular City Council Meeting April 25, 1990 Page Six MOTION by Oberbeck/Powell I move we send this back to Parks and Recreation with a recommendation that they pursue setting up a separate softball league for age group fourteen to seventeen. VOICE VOTE on the motion carried 4-1 (McCollum - nay) B. PLANNING AND ZONING COMMISSION 90.115 Site Plan Extension - Richard Brunton (P & Z Recommendation dated 4/19/90, Memo from P & Z dated 4/17/90, Letter from Brunton dated 3/13/90) MOTION by McCollum/Powell I move we approve the time extension of Mr. Brunton to June 15, 1991. VOICE VOTE on the motion carried 5-0. 90.116 Vicker's Sandmine III - Draft Resolution/Set Special Use Permit Public Hearing 5/9/90 (P & Z Recommendation dated 4/18/90, Memo from P & Z dated 4/16/90, Memo from Technical Review Committee dated 3/29/90, Letters dated 3/8/90 and 2/15/90 from Mayfield, Application) The City Clerk explained that time constraints would not allow the public hearing to take place on May 9, 1990 and recommended May 23, 1990. MOTION by McCollum/Powell I move that you (the Attorney) prepare the resolution necessary. VOICE VOTE on the motion carried 5-0. 12. OLD BUSINESS None. 13. NEW BUSINESS None. 14. MAYOR'S MATTERS Mayor Conyers said the Acting Golf Course Manager would be discussed under City Manager's matters. 6 Regular City Council Meeting April 25, 1990 Page Seven Mayor Conyers proposed that the City Manager, City Attorney, City Clerk and Deputy Clerk be seated at a table on the floor directly across from staff and the press be at a table on the floor in front of City Council. MOTION by Oberbeck/Powell i move we try the seating arrangement. ROLL CALL: Vice Mayor Oberbeck - aye Councilman Powell - aye Councilman Rondeau - nay Mayor Conyers - aye Councilman McCollum - nay MOTION CARRIED 3-2 (Rondeau, McCollum - nay) Mayor Conyers said this would be on a trial basis. 15. The City Manager said purchase orders had been signed for renovation of the council table and storage cabinet for the sound and recording system. Mayor Conyers said to proceed with the renovations. COUNCIL MATTERS A. Vice Mayor Oberbeck Vice Mayor Oberbeck questioned the proposed Golf Course restaurant lease, list of law firms to represent the city on a contingency basis regarding Cutler, and a checklist of items regarding dismissal of the Assistant City Manager position. Vice Mayor Oberbeck was advised by staff that all matters were in the works. B. Councilman McCollum Councilman McCollum reported on the April 24, 1990 Economic Development Council meeting and requested that staff look into attracting industry to the airport and set out rules governing airport leases. C. Councilman Powell Councilman Powell requested a progress report on Barber Street Sports Complex. The City Manager gave him an update. Regular City Council Meeting April 25, 1990 Page Eight 16. D. Councilman Rondeau None. CITY ATTORNEY MATTERS The City Attorney questioned whether Council wanted him to repeal Resolution No. R-87-11 regarding starters and rangers and review the city charter to report on whether there were any inconsistencies between charter provisions and state and federal laws in accordance with the audit recommendation. Vice Mayor Oberbeck said the City Attorney ought to check the charter and make sure that the city is in conformance. MOTION by Oberbeck/McCollum I move to direct the Attorney to clarify that. The City Manager clarified the request by stating that the the city audit suggests that the city attorney issue a written legal opinion as to whether or not the charter's provisions are legal or illegal on a point by point basis because of the inconsistencies in the administration of them. Mayor Conyers said the auditors concerns should be addressed. Vice Mayor Oberbeck clarified that he was referring to paragraph 4 page 67 of the audit report. ROLL CALL: Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye Councilman McCollum - aye Vice Mayor Oberbeck - aye MOTION CARRIED 5-0. Councilman Powell requested that the City Manager ask the Acting Golf Course Manager to come up with a figure regarding hire of starters. The City Manager said a lengthy analysis would have to be done. 8 Regular City Council Meeting April 25, 1990 Page Nine 17. CITY MANAGER MATTERS 88.193 A. 18. Police Department Station Site - Report on Off- Site Improvements (City Manager Recommendation dated 4/9/90, Report dated 4/17/90) The City Manager said Sebastian General Partnership, B.F.T. had set a cap of $30,000 for the city's cost for road construction and recommended that Council direct the City Attorney to prepare a revised contract for the police facility site. Discussion took place on the city's requirements regarding construction of the facility. MOTION by Rondeau/McCollum I move we proceed and finalize the agreement with the partnership on Chessers Gap regarding the police station. The City Attorney clarified the motion as fOllows; "to direct staff to go ahead and revise the agreement to provide for a thirty thousand dollar cap on the extension of Fleming and try to implement other recommendations in your city engineer's report to present to Dr. Fischer and then to bring back to City Council for their consideration". Councilman Rondeau and Councilman McCollum concurred. ROLL CALL: Councilman Powell - aye Councilman Rondeau - aye Mayor Conyers - aye Councilman McCollum - aye Vice Mayor Oberbeck - nay MOTION CARRIED 4-1 (Oberbeck - nay) Acting Golf Course Manager The City Manager quoted section 2-10 of the Charter which states that the City Manager appoints all employees except charter officers; said he had appointed Jim DeLarme as acting Golf Course Manager; and said he would research other golf courses regarding the possibility of a combination Director/Professional position. Being no further business, Mayor Conyers adjourned the meeting at 10:28 p.m. 9 Ka~h~¥n ~. O'Hallora~n, C'it¥ Clork 10