HomeMy WebLinkAbout06271990City of Sebastian
POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JUNE 27, 1990 - ?: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.
The Pledge of Allegiance was recited.
Invocation was given by Reverend Carl Merola, St.
Elizabeth's Episcopal Church.
4. ROLL CALL
Present:
Mayor W.E. Conyers
Councilman Robert McCollum
Vice Mayor Frank Oberbeck
Councilman Lonnie Powell
Councilman Lloyd Rondeau
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Finance Director, Carol Carswell
Asst. PW Director, Jerry Thomas
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
June 27, 1990
Page Two
90.168
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
The City Manager requested the addition of an item
requested by Indian River County regarding City
Council support for application for a grant for
fiscal year 1990 anti-drug abuse funds.
MOTION by Oberbeck/McCollum
I move that we do that.
VOICE VOTE on the motion carried 5-0.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Officer John Dobis, Vero Beach Police Department,
a representative of the Substance Abuse Council of
Indian River County, explained the grant application
and intended use of the approximately $160,000 in
funds and requested Council concurrence by letter.
MOTION by Oberbeck/Powell
I move we go ahead and assist this program in any
way we can in the application for the grant for the
funds to fight drugs in our county.
VOICE VOTE on the motion carried 5-0.
PUBLIC HEARING, FINAL ACTION
None.
8. PUBLIC INPUT
A. Non-Agenda Items
None.
B. Agenda Items
Ron Harsh, 986 Montrose, Sebastian, expressed his
objections to procedures and fees required of
contractors under the recently adopted Ordinance No.
0-90-04 regarding the grandfathering of contractors
who hold Indian River County competency cards.
Following a lengthy discussion, it was agreed that
staff would review the matter and bring it back for
Council discussion at the July 11, 1990, regular
meeting.
2
Regular City Council Meeting
June 27, 1990
Page Three
90.159
90.160
90.150
90.161
90.128
90.129
CONSENT AGENDA
A. Approval of Minutes - 6/13/90 Regular Meeting
B. RESOLUTION NO. R-90-23 - Abandonment of Easement
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE EASEMENT OF THE
NORTH TEN FEET OF THE SOUTH FORTY FEET OF LOT 17
AND THE SOUTH TEN FEET OF THE NORTH FORTY FEET OF
LOT 17, BLOCK 197, UNIT 10, SEBASTIAN HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI
6/37K, 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.
Request for Community Center - Sebastian River
Shrine Club - 10/10/90 - 6 p.m. to 10 p.m. -
4/13/91 - 6:30 p.m. to 10:30 p.m. - 12/13/91 -
6:30 p.m. to 10:30 p.m. - John Zaricky Permittee
- D.O.B. 1/7/22 - A/B - Security Deposit on File
Sebastian Lakes Utilities Rate Increase Request
- Vacate Public Hearing Scheduled for 8/8/90
(City Manager Recommendation dated 6/19/90)
Reject Ail Bids for Golf Course Air-Conditioner
and Readvertise (Staff Recommendation dated
6/20/90, Memo from Interim Golf Course Manager
dated 6/4/90, Memo from Interim City Engineer
dated 6/11/90, Bid Tabulation Form)
Award Bid - Cemetery - Sod - Bannerman
Landscaping, Inc. of Miami - $13,260 (Memo from
Interim City Engineer dated 5/2/90, Memo from
Kinchen dated 6/18/90, Bio-Service Report)
Award Bid - Cemetery - Irrigation - Unit 4 -
Clark Water Company (Memo from Interim City
Engineer dated 5/2/90, Memo from Kinchen dated
6/18/90, Bio-Service Report)
Mayor Conyers read the consent agenda in its
entirety, including the title of Resolution No. R-90-
23.
3
Regular City Council Meeting
June 27, 1990
Page Four
90.162
Vice Mayor Oberbeck removed items F & G for
clarification.
MOTION by Rondeau/Oberbeck
I move we aDprove items A, B, C, D & E of the
consent agenda.
ROLL CALL:
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
MOTION CARRIED 5-0.
Items F & G
In response to Vice Mayor Oberbeck, the City Manager
said unit four of the cemetery is in use.
MOTION by Oberbeck/Powell
I move we approve item F & G of the consent
agenda.
ROLL CALL:
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
MOTION CARRIED 5-0.
10. PRESENTATIONS
None.
11. COMMITTEE REPORTS/RECOMMENDATIONS
A. CODE ENFORCEMENT BOARD
Accept Resignation of Larry Vickers (Code
Enforcement Board Recommendation, Letter from
Vickers dated 6/13/90
MOTION by Oberbeck/Powell
i move we accept the resignation of Larry
Vickers from the Code Enforcement Board.
VOICE VOTE on the motion carried 5-0.
4
Regular City Council Meeting
June 27, 1990
Page Five
90.163
Board Appointments (Code Enforcement Board
Recommendation dated 6/20/90, ~ Applications)
Way~ Tozzolo_- Businessman Position
- Unexpired Term to 3/91
MOTION by Oberbeck/Powell
I move we appoint Wayne Tozzolo to the
businessman position on the Code Enforcement
Board as recommended by the board for the
unexpired term until 3/91.
VOICE VOTE on the motion carried 5-0.
90.164
Appoint Charles J. Veneziano - Engineer
Position - Three Year Term to 6/93
Vice Mayor Oberbeck noted that Mr. Veneziano is
not a Sebastian resident and is, therefore, not
qualified for membership.
MOTION by Oberbeck/McCollum
I move we deny the appointment of Charles
Veneziano to the engineering position on the Code
Enforcement Board based on the fact that he's a
non-resident.
VOICE VOTE on the motion carried 5-0.
90.165
Appoint Louis Nicolini - General
Contractor Position - Three Year Term to
6/93
MOTION by Oberbeck/Powell
I move we appoint on the recommendation of
the Code Enforcement Board Mr. Louis Nicolini to
the general contractor position for a three year
term to 6/93.
VOICE VOTE on the motion carried 5-0.
B. PARKS AND RECREATION COMMITTEE
90.113
Appoint Harry DiSalvio - Alternate - Three
Year Term (City Manager--Recommendation dated
6/12/90, Application)
MOTION by Oberbeck/Rondeau
I move we appoint Harry DiSalvio as the alternate
to a three year term to the Parks and Recreation
Committee.
Regular City Council Meeting
June 27, 1990
Page Six
90.011
VOICE VOTE on the motion carried 5-0.
12. OLD BUSINESS
None.
13. NEW BUSINESS
None.
Mayor Conyers called recess at 7:48 p.m. and
reconvened the meeting at 8:02 p.m. Ail members were
present.
14. MAYOR'S MATTERS
Discussion - Department of Environmental
Regulation Fine Re: Asbestos Removal (Letter
from Director of Community Development dated
6/15/90, Memo from DCD dated 6/15/90, Letter from
DCD dated 5/4/90, Memo from DCD dated 6/13/90)
Mayor Conyers stated for the record that he objected
to the fine imposed by the DER. It was the consensus
of Council to send a letter of protest to the DER
along with the fine.
The City Manager said the DER has been advised that
this matter will be scheduled for the July 11, 1990
City Council agenda for Council consent on DER's
order.
15. COUNCIL MATTERS
A. Vice Mayor Oberbeck
Vice Mayor Oberbeck questioned 1) the status of the
mutual aid agreement; 2) the status of Main Street
realignment construction; 3) whether the city has any
liability regarding barbed wire fences on private
property; 4) the city's defense in the matter of
Mercedes Homes; and 5) allegations stated in the Code
Enforcement Board minutes regarding selective
enforcement.
6
Regular City Council Meeting
June 27, 1990
Page Seven
90.166
16.
17.
B. Councilman McCollum
Councilman McCollum reported on the Indian River
County Fire Ad Hoc Committee meeting regarding the
implementation of a county-wide fire district.
Nate McCollum, 1448 Laconia Street, Sebastian,
addressed Council on the matter.
C. Councilman Powell
Councilman Powell questioned 1) whether restroom
facilities at Riverview Park will be completed by the
4th of July; and 2) whether there has been a response
from sewer contractors regarding debris on Main
Street.
D. Councilman Rondeau
Councilman Rondeau stated his objection to the
procedure used to appoint the Chief of Police.
CITY ATTORNEY MATTERS
The City Attorney said he would be out of town next
week and Council could contact Attorney Torpy if
necessary.
CITY MANAGER MATTERS
RESOLUTION NO. R-90-24 - Police Chief Job
Description (City ManaGer Recommendation dated
6/21/90)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE JOB DESCRIPTION FOR THE
OFFICE OF CHIEF OF POLICE; 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 Attorney read Resolution No. R-90-24 by
title only.
Following a brief discussion motion was made as
follows.
7
Regular City Council Meeting
June 27, 1990
Page Eight
90.167
89.019
MOTION by McCollum/Powell
I move we adopt Resolution No. R-90-24.
ROLL CALL:
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - nay
Mayor Conyers - aye
Councilman McCollum - aye
MOTION CARRIED 5~. 4-1.
Chief of Police Appointment - Request City
Council Concurrence (City Manager Recommendation
dated 6/14/90, Letter of Agreement dated 6/14/90,
City Manager Letter dated 12/22/88, Resume, City
Manager Memo dated 6/20/90, Letter from Rondeau
dated 6/18/90L Memo from Reynolds dated 6/8/90,
Letter from City Manager dated 5/5/89, Letter
from Rondeau dated 6/21/90, Letter from City
Manager dated 6/21/90)
MOTION by Oberbeck/McCollum
I move we concur with our City Manager in the
hiring of Mr. Earl Petty as the Chief of Police for
the City of Sebastian.
ROLL CALL:
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
MOTION CARRIED 5-0.
Discuss General Development Matters - Units 16 &
17 (City Manager Recommendation date~ 6/21/90,
Memo from City Manager dated 6/11/90 w/
attachments)
Vice Mayor Oberbeck was excused from 9:00 p.m. to
9:02 p.m.
The City Manager presented a proposal that the city
look at obtaining General Development Corporation
property in lieu of GDC spending dollars to bring the
streets in Units 16 and 17 up to standards.
Discussion took place on doing emergency repairs
to correct hazards in those units.
Regular City Council Meeting
June 27, 1990
Page Nine
90.045
MOTION by Oberbeck/Powell
I move we direct the City Manager to notify GDC
that certain emergency situations exist in the city
with regard to their maintenance of roads and water-
ways and drainage canals, that they are obligated to
maintain and they are not being maintained and that,
if necessary, we will go out and make the emergency
repairs and charge them accordingly.
ROLL CALL:
Mayor Conyers - aye
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
MOTION CARRIED 5-0.
The City Manager recommended that the City Attorney
draft the letter.
MOTION by Oberbeck/Powell
I move we authorize the City Manager to take
whatever emergency action necessary to protect the
health, and welfare of our general public in the
areas currently required to be maintained by GDC,
specifically units 16 and 17, and that the City
Manager notify the Mayor of any work being done.
The City Manager recommended that notification of any
emergency repairs be done on an individual basis by
copying work orders to City Council prior to work
being done. Council concurred.
ROLL CALL:
Councilman McCollum - aye
Vice Mayor Oberbeck - aye
Councilman Powell - aye
Councilman Rondeau - aye
Mayor Conyers - aye
MOTION CARRIED 5-0.
D. Other Matters
Subsequent to a request by the City Manager, it was
the consensus of Council to authorize the City
Manager to request of Leonard Bassi that any future
communication between Mr. Bassi and the City Manager
be handled by Attorney Nash and Mr. Bassi's Attorney.
18. Mayor Conyers adjourned the meeting at 9:25 p.m.
* Amended and
Approved at the~~
Kathryn ~. O'Halloran, City Clerk
, 1990 ~~ Council Meeting.
w~c~n~;r~, ~~~
10
City of Sebastian
POST OFFICE BOX 780127 ri SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JUNE 27, 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 Carl Merola - St. Elizabeth's
Episcopal Church
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. PUBLIC HEARING, FINAL ACTION
8. PUBLIC INPUT
A. Non-A~enda Items
B. Agenda Items
9. CONSENT AGENDA
A. Approval of Minutes - 6/13/90 Regular Meeting
90.159 B. RESOLUTION NO. R-90-23 - Abandonment of Easement
90.160
90.150
90.161
90.128
90.129
90.162
10.
11.
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE EASEMENT OF THE
NORTH TEN FEET OF THE SOUTH FORTY FEET OF LOT 17
AND THE SOUTH TEN FEET OF THE NORTH FORTY FEET OF
LOT 17, BLOCK 197, UNIT 10, SEBASTIAN HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI
6/37K, 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.
Request for Community Center - Sebastian River
Shrine Club - 10/10/90 - 6 p.m. to 10 p.m. -
4/13/91 - 6:30 p.m. to 10:30 p.m. - 12/13/91 -
6:30 p.m. to 10:30 p.m. - John Zaricky Permittee
- D.O.B. 1/7/22 - A/B - Security Deposit on File
De
Sebastian Lakes Utilities Rate Increase Request
- Vacate Public Hearing Scheduled for 8/8/90
(City Manager Recommendation dated 6/19/90)
Reject All Bids for Golf Course Air-Conditioner
and Readvertlse (Staff Recommendation dated
6/20/90, Memo from Interim Golf Course Manager
dated 6/4/90, Memo from Interim City Engineer
dated 6/11/90, Bid Tabulation Form)
Award Bid - Cemetery - Sod - Bannerman
Landscaping, Inc. of Miami - $13,260 (Memo from
Interim City Engineer dated 5/2/90, Memo from
Kinchen dated 6/18/90, Bio-Service Report)
Award Bid - Cemetery - Irrigation - Unit 4 -
Clark Water Company (Memo from Interim City
Engineer dated 5/2/90, Memo from Kinchen dated
6/18/90, Bio-Service Report)
PRESENTATIONS
COMMITTEE REPORTS/RECOMMENDATIONS
A. CODE ENFORCEMENT BOARD
Accept Resignation of Larry Vickers (Code
Enforcement Board Recommendation, Letter from
Vickers dated 6/13/90
Board Appointments (Code Enforcement Board
Recommendation dated 6/20/90, 3 Applications)
2
90.163
90.164
90.165
90.113
90.011
90.166
12.
13.
14.
15.
16.
17.
Wayne Tozzolo - Businessman Position
- Unexpired Term to 3/91
Appoint Charles J. Veneziano - Engineer
Position - Three Year Term to 6/93
Appoint Louis Nicolini - General
Contractor Position - Three Year Term to
6/93
B. PARKS AND RECREATION COMMITTEE
Appoint Harry DiSalvio - Alternate - Three
Year Term (City Manager Recommendation dated
6/12/90, Application)
OLD BUSINESS
NEW BUSINESS
MAYOR'S MATTERS
Discussion - Department of Environmental
Protection Fine Re: Asbestos Removal (Letter
from Director of Community Development dated
6/15/90, Memo from DCD dated 6/15/90, Letter from
DCD dated 5/4/90, Memo from DCD dated 6/13/90)
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman McCollum
C. Councilman Powell
D. Councilman Rondeau
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
RESOLUTION NO. R-90-24 - Police Chief Job
Description (City Manager Recommendation dated
6/21/90)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE JOB DESCRIPTION FOR THE
OFFICE OF CHIEF OF POLICE; 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.
3
?
90.167 B.
89.019 C.
Chief of Police Appointment - Request City
Council Concurrence (City Manager Recommendation
dated 6/14/90, Letter of Agreement dated 6/14/90,
City Manager Letter dated 12/22/88, Resume, City
Manager Memo dated 6/20/90, Letter from Rondeau
dated 6/18/90, Memo from Reynolds dated 6/8/90,
Letter from City Manager dated 5/5/89, Letter
from Rondeau dated 6/21/90, Letter from City
Manager dated 6/21/90)
Discuss General Development Matters - Units 16 &
17 (City Manager Recommendation dated 6/21/90,
Memo from City Manager dated 6/11/90 w/
attachments)
18. 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