HomeMy WebLinkAbout05101989City 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, MAY 10, 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.
1. Mayor Votapka called the meeting to order at 7:03 p.m.
2. City Engineer, David Fisher led the Pledge of
Allegiance.
Invocation was given by Reverend Donald Swope,
Sebastian Presbyterian Church.
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
Chief of Police, Earle Petty
City Engineer, David Fisher
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
89.080
89.081
89.077
89.072
89.012
89.078
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
The City Manager requested the addition of three
items related to the airport to agenda item (iO)(A)
as follows: 1) ordinance schedule regarding airport
referendum, 2) consultants and 3) meeting between FAA
and the City's counsel.
MOTION by Oberbeck/McCarthy
I move we add three airport related items to the
agenda under item (10)(A) as requested by the City
Manager.
VOICE VOTE on the motion carried 5-0.
6. CONSENT AGENDA
Approve Minutes - 4/20/89 Special Meeting,
4/26/89 Regular Meeting, 5/3/89 Workshop
Request for Community Center - Sebastian Area
County Library - Fee Waiver - 6/16/89, 7/14/89,
8/11/89 - 7:00 p.m. (Letter dated 4/26/89)
Resolution No. R-89-19 - Abandonment of Easement
- Lots 13 & 14, Block 22, Unit 1
Request for Community Center - Sebastian River
Shrine Club - A/B - Christmas Party - 12/8/89 -
6:30 p.m. to 10:30 p.m. - security paid
RESOLUTION No. R-89-25 - Agreement - Solid Waste
Recycling Program
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO SOLID WASTE
RESOURCE RECOVERY AND MANAGEMENT; PROVIDING
AUTHORITY TO ENTER INTO AN AGREEMENT WITH THE BOARD
OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, TO JOINTLY DEVELOP AND IMPLEMENT A SOLID
WASTE RECYCLING PROGRAM PURSUANT TO THE SOLID WASTE
MANAGEMENT ACT OF 1988; PROVIDING FOR'REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Appointment of 4th of July Committee (Memo from
City Manager dated 4/28/89)
Approve Staff Recommendation Re: Method of
Payment for City ERUs - North County Waste Water
System (Memo from Director of Community
Development dated 4/21/89)
H. Adopt 1989/90 Budget Calendar
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89.082
RESOLUTION NO. R-89-24 - Softball Fee Schedule
(Memo from Parks and Recreation dated 5/5/89)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO RECREATIONAL
FEES; ESTABLISHING A REVISED FEE SCHEDULE FOR
ADULT SOFTBALL LEAGUES; REQUIRING PAYMENT OF FEES
TO THE CITY CLERK; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION by Rondeau/McCarthy
I move we approve Consent Agenda items (A)
Approve Minutes - 4/20/89 Special Meeting, 4/26/89
Regular Meeting, 5/3/89 Workshop; 89.080 (B) Request
for Community Center - Sebastian Area County Library
- Fee Waiver - 6/16/89, 7/14/89, 8/11/89 - 7:00 p.m.
89.081 (C) Resolution No. R-89-19 - Abandonment of
Easement - Lots 13 & 14, Block 22, Unit 1; (D)
Request for Community Center - Sebastian River Shrine
Club - A/B - Christmas Party - 12/8/89 - 6:30 p.m. to
10:30 p.m. - security paid; 89.077 (E) RESOLUTION No.
R-89-25 - Agreement - Solid Waste Recycling Program;
89.072 (F) Appointment of 4th of July Committee;
89.012 (G) Approve Staff Recommendation Re: Method of
Payment for City ERUs - North County Waste Water
System; 89.078 (H) Adopt 1989/90 Budget Calendar;
and 89.082 (I) RESOLUTION NO. R-89-24 - Softball Fee
Schedule.
ROLL CALL:
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Councilman McCollum noted a typo in the roll call on
page four of the April 26, 1989 minutes. ("Councilman
McCarthy" should read "Councilman McCollum")
MOTION CARRIED 5-0.
PROCLAMATIONS AND/OR ANNOUNCEMENTS
Mayor Votapka welcomed David Fisher, interim City
Engineer/Public Works Director, introduced Charles
Reynolds, Chief of Police, and his wife Jan, and
announced the Just Say No to Drugs walk on Saturday,
May 13 at 10:00 a.m.
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89.051
Certificate of Appreciation L Airport Advisory
Board Members
Mayor Votapka presented certificates of appreciation
to Airport Advisory Board members Ken Meguin and Rene
Van de Voorde. Certificates for members not present
will be mailed.
Proclamation - Teacher Appreciation Week -
5/14/89 to 5/20/89
Mayor Votapka presented a proclamation for Teacher
Appreciation Week to Sandra L. Bowden. It was noted
that the week is actually 5/17/89 through 5/27/89.
Proclamation & Certification of Appreciation -
Sylvia Garcia -- Florida Hometown USA Pageant
Mayor Votapka presented a certificate and
proclamation to Sylvia Garcia. Ms. Garcia presented
a plaque to the city.
Proclamation - Municipal Clerk's Week - 5/7/89 to
5/13/89
Mayor Votapka presented a proclamation for Municipal
Clerk's Week to the City Clerk and Deputy Clerk.
8. PUBLIC HEARING, FINAL ACTION
A. ORDINANCE NO. 0-89-03 - Funding Police Pension
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO POLICE PENSIONS;
PROVIDING FOR THE LEVYING AND IMPOSING UPON ALL
INSURERS, NOW OR HEREAFTER ENGAGING IN OR CARRYING ON
THE BUSINESS OF INSURING WITH RESPECT TO CASUALTY
RISKS, AN EXCISE TAX OR LICENSE TAX IN ADDITION TO
ANY TAX NOW LEVIED, OF .85% OF THE GROSS AMOUNT OF
RECEIPTS OF ALL PREMIUMS FROM CASUALTY INSURANCE
POLICIES INSURING PROPERTY WITHIN THE MUNICIPAL
LIMITS OF THE CITY OF SEBASTIAN; PROVIDING WHEN SAID
EXCISE TAX SHALL BE DUE AND PAYABLE; 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; AND PROVIDING AN
EFFECTIVE DATE. (lst Reading 4/12/89, Advertised
4/26/89, PH 5/10/89)
Attorney Nash read Ordinance No. 0-89-03, for the
second time, by title only.
Mayor Votapka opened the public hearing at 7:30 p.m.
4
The City Manager stated that this was a result of
last year's PBA negotiations.
George Metcalf, 425 Pine Street, Rene Van de Voorde,
12450 Roseland Road and Donna Keyes, 167 Stonecroft
questioned Police Pension fund policies.
Mayor Votapka closed the public hearing at 7:45 p.m.
MOTION by Oberbeck/McCarthy
I move we adopt Ordinance No. 0-89-03 as read by
the City Attorney by title only.
Discussion took place on disability benefits provided
by the fund and the possibility of reduced
contribution by the city in the future as a result of
growth.
ROLL CALL:
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
MOTION CARRIED 5-0.
89.049
B. ORDINANCE NO. 0-89-06 - Final Plat Procedures
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE RECORDING AND
ACCEPTANCE OF PLATS; AMENDING CHAPTER 20A-16 OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN;
AMENDING SECTION 20A-16.4.C. TO PROVIDE THAT THE
CITY CLERK SHALL SUBMIT AN APPROVED PLAT TO THE CLERK
OF THE CIRCUIT COURT FOR RECORDING; AMENDING SECTION
20A-16.4.C.4.1.vi TO PROVIDE FOR ADOPTION OF PLATS BY
RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR REPEAL
OF ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading,
Advertised 4/26/89, PH 5/10/89)
Attorney Nash read Ordinance No. 0-89-06, for the
second time, by title only.
Mayor Votapka opened the public hearing at 7:50 p.m.
Mayor Votapka closed the public hearing at 7:51 p.m.
5
89.072
89.046
MOTION by McCarthy/McCollum
I move we adopt Ordinance No. 0-89-06 as read by
the City Attorney by title only.
ROLL CALL:
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
MOTION CARRIED 5-0.
PUBLIC INPUT
Mayor Votapka opened public input at 7:55 p.m.
4th of July Committee_- Request Use of Riverview
Park, Yacht Club, and Indian River Drive on 7/4/89
(Letter from Mr. Falco dated 5/1/89)
Mr. Falco presented his request to Council for the
use of Riverview Park, the Yacht Club and Indian
River Drive for 4th of July festivities.
MOTION by McCollum/Oberbeck
I move we approve the request of the 4th of July
Committee for use of Riverview Park, the Yacht Club
parking lot and Indian River Drive on July 4, 1989,
as stated in their letter of May 1, 1989.
VOICE VOTE on the motion carried 5-0.
MOTION by McCarthy/Oberbeck
I move we authorize staff to coordinate with the
4th of July Committee for use of the Community Center
on July 4, 1989, for the purpose of serving
refreshments to parade participants, not to exceed
S300.
ROLL CALL:
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
MOTION CARRIED 5-0.
George Metcalf - Action to be Taken on Slurry
Seal and RemovaT of Lights from Runway 4/22
George Metcalf, 425 Pine Street, said the hiring of
airport attorneys and bids for engineering services
for slurry seal of 4/22 did not comply with FS 287.
89.023
June 8 or 12, 1989 - special meeting (preferably June
8 afternoon) for 2nd reading, public hearing and
adoption of the ordinance
Discussion took place on the City Attorney's time
frame to review the ordinance after receipt and
before advertisement. The City Attorney said he
would contact Attorney Potter to assure that the
ordinance can be received sooner.
MOTION by McCarthy/McCollum
I move we adopt the ordinance schedule as
outlined in the City Manager's report with the public
hearing at a special meeting on June 8, 1989 at 3:00
p.m.
ROLL CALL:
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
MOTION CARRIED 5-0.
The City Manager reported that the new estimate for
consultants regarding the financial operating
analysis for the airport was $13,500; and read a
letter from Cutler & Stanfield advising that the
meeting with the FAA be held between legal
representatives only.
Mayor Votapka called recess at 8:54 p.m and
reconvened the meeting at 9:09 p.m. Ail members
present at recess were present at recall.
Sebastian Lakes Utilities_- Withdrawal of Request
for Rate Increase (Staff Recommendation dated
5/3/89 - Letter from Attorney Gildan dated
4/28/897
MOTION by McCarthy/Oberbeck
I move we accept staff's recommendation to accept
the withdrawal of a rate increase request from
Sebastian Lakes Utilities.
VOICE VOTE on the motion carried 5-0.
11. NEW BUSINESS
8
88.170
89.065
Council Concurrence with Appointment of Police
Chief (Memo from City Manager dated 5/5/89)
MOTION by McCarthy/McCollum
I move we concur with the City Manager's
appointment of Charles Reynolds to the position of
Police Chief for the City of Sebastian.
ROLL CALL:
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
MOTION CARRIED 5-0.
ORDINANCE NO. O-89-10 - Amend Section 20A-11.3 -
P & Z Alternates
FIRST READING, SET PUBLIC HEARING 6/14/89
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE CITY PLANNING AND
ZONING COMMISSION; AMENDING THE LAND DEVELOPMENT CODE
OF THE CITY OF SEBASTIAN; AMENDING PARAGRAPH A OF
SECTION 20A-11.3 TO PROVIDE FOR THE CITY PLANNING AND
ZONING COMMISSION TO HAVE TWO ALTERNATE MEMBERS;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Attorney Nash read Ordinance No. O-89-10, for the
first time, by title only.
MOTION by Oberbeck/McCarthy
I move we accept Ordinance No. O-89-10 on first
reading and set it for public hearing on June 14,
1989.
ROLL CALL:
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
MOTION CARRIED 5-0.
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89.014
89.083
ORDINANCE NO. 0-89-11 - Prohibition of Train
Whistles Between 10:00 p.m. and 6:00 a.m.
FIRST READING, SET PUBLIC HEARING 6/14/89
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. O-89-11, for the
first time, by title only.
MOTION by McCollum/Oberbeck
I move we accept Ordinance No. 0-89-11 on first
reading and set it for public hearing on June 14,
1989.
ROLL CALL:
Mayor Votapka - nay
Vice Mayor McCarthy - nay
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
MOTION CARRIED 3-2 (Votapka, McCarthy - nay)
RESOLUTION NO. R-89-23 - Florida Institute of
Government
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REQUESTING THE FLORIDA LEGISLATURE
TO CONTINUE FUNDING THE FLORIDA INSTITUTE OF
GOVERNMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR AN EFFECTIVE DATE. (Requested by City Clerk)
The City Clerk read Resolution No. R-89-23 by title
only.
MOTION by McCollum/Oberbeck
I move we adopt Resolution No. R-89-23 as read by
the City Clerk by title only.
ROLL CALL: Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
MOTION CARRIED 5-0.
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89.044
12.
RESOLUTION NO. R-89-26 - Airport Director Job
Description
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE
OFFICE OF AIRPORT DIRECTOR; PROVIDING FOR INCLUSION OF
SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN
STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROViDiNG FOR AN EFFECTIVE DATE.
The City Manager read Resolution No. R-89-26 by title
only.
MOTION by McCarthy/Rondeau
I move we adopt Resolution No. R-89-26 as read
by the City Manager by title only.
ROLL CALL:
Councilman McCollum - aye
Councilman Oberbeck - nay
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
MOTION CARRIED 4-1 (Oberbeck - nay)
COMMITTEE REPORTS/RECOMMENDATIONS
None.
13. MAYOR'S MATTERS
None.
14. COUNCIL MATTERS
None.
A. Vice Mayor McCarthy
None.
B. Councilman McCollum
None.
C. Councilman Oberbeck
Councilman Oberbeck requested, at a future meeting, a
presentation by a McKee Jungle Gardens preservation
group. Mayor Votapka recommended he coordinate the
presentation with staff.
11
D. Councilman Rondeau
None.
15. CITY ATTORNEY MATTERS
None.
16. CITY MANAGER MATTERS
None.
17. Mayor Votapka adjourned the meeting at 9:25 p.m.
Approved at the ~~ (~~
Kathr~h M00'Halloran, City Clerk
1989 ~~~ Council Meeting.
Richard B. Votapka, Mayor
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