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Home My WebLink About07271988 City of Sebastian POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JULY 27, 1988 - 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 7:00 P.M. The Building Official led the Pledge of Allegiance. Reverend Mark McGuire, Highlands Chapel Church of God was excused from the meetinG due to illness. There was a moment of silent prayer. 4. ROLL CALL Present: Absent: Councilman George Metcalf Councilman Robert McCarthy Vice Mayor Peter Vallone Mayor Richard B. Votapka Councilman Kenneth Roth (excused) *Add "Mayor ~oatpka and" Also Present: City Manager, Robert McClary City Attorney, Charles Nash ~;ice Mayor Vallone complimented the City Clerk and her staff for the implementation of bound agenda packets and the new City Clerk's procedures manual. 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) None. 6. CONSENT AGENDA Request Approval - Appointment of Attorney Paul Kreuzkamp, Jr., as Code Enforcement Board Attorney - Melbourne Beach, Florida Resolution No. R-88-51 - Abandonment of Easement - Lots 9 & 10, Block 47, Unit 2, SH Resolution No. R-88-52 - Abandonment of Easement - Lots 22 & 23, Block 151, Unit 5, SH Resolution No. R-88-53 - Abandonment of Easement - Lots 10 & ll, Block 192, Unit 6, SH Resolution No. R-88-54 - Abandonment of Easement - Lot 1, Block 448, Unit 17, SH ADprove Minutes - 7/6/88 Workshop, 7/13/88 Regular The Building Official said, regarding item E, that he had received a letter from the attorney representing the property owners and had been requested to add the word "easterly" before "five feet" in the title and body of Resolution No. R-88-54. Attorney Nash said the resolution could be adopted as amended since there was no requirement to publish it in the newspaper. Vice Mayor Vallone removed item (6)(E) Resolution No. R- 88-54 - Abandonment of Easement - Lot 1, Block 448, Unit 17, SH, in accordance with the recommendation of the Building Official. Mayor Votapka removed item (6)(F) 7/13/88 Regular Minutes only. MOTION by Vallone/McCarthy I move we approve Consent Agenda items (A) Request Approval - Appointment of Attorney Paul Kreuzkamp, Jr., as Code Enforcement Board Attorney - Melbourne BeaCh, Florida; (B) Resolution No. R-88-51 - Abandonment of Easement - Lots 9 & 10, Block 47, Unit 2, SH; (C) Resolution NO. R-88-52 - Abandonment of Easement - Lots 22 & 23, Block 151, Unit 5, SH; (D) Resolution No. R-88-53 - Abandonment of Easement - Lots 10 & 11, Block 192, Unit 6, SH; and (F) Approve Minutes 7/6/88 Workshop only. VOICE VOTE on the motion carried 4-0. 2 MOTION by Metcalf/Vallone I move we adopt Consent Agenda item (6)(F) Resolution No. R-88-54 as amended by the Building Official to add the word "easterly" before "five feet" in the legal descriptions in the title and body of the resolution. VOICE VOTE on the motion carried 4-0. Mayor Votapka added to page eight, Public Input of the July 13, 1988 Regular Council minutes "Mr. Lulich did not have the knowledge of the number of people who responded to the poll". MOTION by Vallone/Metcalf I move we approve Consent Agenda item (6)(F) as amended by Mayor Votapka to add to page eight, Public Input of the July 13, 1988 Regular Council minutes "Mr. Lulich did not have the knowledge of the number of people who responded to the poll". VOICE VOTE on the motion carried 4-0. 7. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation ~ Employee of the Quarter - Ann Elam Mayor Votapka read a proclamation, honoring Ann Elam as Employee of the Quarter for April, May and June 1988. After giving a brief background on Ms. Elam, he presented her with a plaque and the proclamation. 8. PUBLIC INPUT Harry Beller, recommended the adoption of a new sandmining ordinance and recommended that the franchise with Falcon Cable be reviewed and reconsidered. Attorney Nash recommended that a staff person keep a record of all complaints on Falcon Cable so that when %he franchise agreement comes up for renewal they will be available. Vice Mayor Vallone said he would bring up discussion of Falcon Cable under Council matters. 9. COMMITTEE REPORTS/RECOMMENDATIONS None. 3 10. MAYOR'S MATTERS When questioned by the Mayor as the number of City Engineer applications, the City Manager said there were approximately six. Mayor Votapka said he would draft a letter to FDOT objecting to the FDOT U.S. #1 Report concerning the extension of the 66th Avenue (Lateral A) corridor past CR 510 into Schumann Drive becoming a four lane arterial route and bring it back to Council for their review. Councilman Metcalf said he would like to discuss the matter with the County Transportation Committee at their August 9, 1988 meeting. Mayor Votapka said he would draft the letter for Councilman Metcalf to take to the meeting. Mayor Votapka presented Council with general location maps of the proposed North County High School site (L.A. Davis). Mayor Votapka said there was a committee of twenty five being formed to review the building plan that the School Board initiated, look into financial alternatives, and make a recommendation by November. He said he disagreed with the process of the School Board hand picking members of this committee. He said they have not chosen any delegates from the North County area as yet. Vice Mayor Vallone said a strong letter of objection should be sent to the Chairman of the School Board demanding that the North County area be represented on the committee by an elected official. Vice Mayor Vallone said he would be happy to sit on the committee. Mayor Votapka said he could draft a letter to that effect. Mayor Votapka said that if the Department of Education remains firm on their assertion that portables as classrooms are classified as adequate student capacity in their survey coming up in the Spring of 1989, the chances for a North County High School may be killed. Mayor Votapka said he had an acknowledgment of his letter to the FDOT regarding the San Sebastian Springs West Airstrip. He said the DOE would not allow any building in an airstrip approach or landing patterns. The City Manager recommended the Mayor instruct the City Attorney give Council an opinion as to whether the special use permit for the airstrip was properly granted and what it would have to do to modify or revoke the special use permit if the need arises. The Mayor said he would address this later in the meeting. 4 Mayor Votapka said he had received a letter from Sam Harris, a principal in Harris Sanitation, regarding an invitation to "Recycle America" in Tallahassee. He said Bill #1-1192 was introduced in the Florida Legislature regarding waste removal and home source separation. He said if local governments mandate this program they must assess everyone. He said a member of the city staff may go Tallahassee and report back to Council on the program. He turned the letter over to the City Manager. ll. COUNCIL MATTERS A. Vice Mayor Vallone The City Manager said he highly encouraged City Council members to attend the Florida League of Cities' 62nd Annual Conference in Orlando. He said if any member expressed an interest to the City Clerk's office, he would be sure that the appropriate reservations were made and.brought before City Council for prior approval. Councilman Metcalf said the National League of Cities Conference in Boston, MA, in September would deal with the relationship between the Council and City Manager and encouraged Council attendance. At the request of Vice Mayor Vallone, Mayor Votapka instructed the City Attorney to review the franchise agreement with Falcon Cable and report back to Council at the September 7, 1988 workshop. Vice Mayor Vallone said citizens could write to him at City Hall regarding Falcon. The City Manager was given approval by the consensus of Council to investigate whether funding can be appropriated for a proposed bikepath from Joy Haven Street to the intersection of Barber and Schumann in conjunction with the paving of Barber Street which preliminary work should begin in August. B. Councilman Roth Absent. C. Councilman McCarthy Councilman McCarthy said at least fifteen people had volunteered their time to landscape the Golf Course Clubhouse. 88.022 D. Councilman Metcalf Councilman Metcalf commended George Ricker, Sebastian Sun, for his recent article on the Indian River Lagoon. Mr. Ricker corrected Metcalf as to the writer of the article being Mike Shambora. Mayor Votapka called recess at 8:15 P.M. and recalled the meeting at 8:30 P.M. All members present before the recess were present at recall. 1. Proposed Draft o__f Sandmining Ordinance Councilman Metcalf had presented to Council, in their agenda packets, a draft of a proposed sandmining ordinance. He requested the City Attorney review the draft and report back to Council. MOTION by Metcalf/Vallone I move Council forward a draft of the proposed ordinance with respect to sandmining and excavation to the City Attorney for review and redraft. Mayor Votapka said he would submit a copy of the proposed ordinance with corrections he had made to the City Attorney. Attorney Nash said he would welcome the input. This item was scheduled for the September 7, 1988 workshop. VOICE VOTE on the motion carried. 12. CITY ATTORNEY MATTERS Attorney Nash said Attorney Thomas Feeney III had contacted him and is working on a development agreement for the St. Sebastian PUD. Council concurred that Attorney Nash attend the August 31, 1988, Joint indian River County Commission/City Council meeting. Mayor Votapka said he would copy the letter of invitation listing agenda items to the County Commission for the Joint Indian River County Commission/City Council meeting to Council. Attorney Nash requested that City Hall staff not sign for certified, registered or return receipt requested letters addressed to him or his firm. 6 Attorney Nash advised Council members to contact his office regarding information on the recent Victor Regan lawsuit against the city. Attorney Nash said, in his opinion, regarding the special use permit granted to Sebastian General Partnership for sandmining per Resolution No. R-88-19, the permit has no legal force and effect and would be governed by the current County ordinance according to F.S. 171.062 Subsection 2, until such time as the sub3ect property is rezoned. It was decided that the City Attorney would give the City Manager a written opinion and the City Manager would write a letter to Sebastian General Partnership, B.F.T. 13. CITY MANAGER MATTERS The City Manager requested that the Airport tractor approved for purchase with Airport funds from the 87/88 fiscal year budget be purchased by the Public Works Department from General Funds for better utilization. He said the Public Works Department will maintain the airport on a charge back basis and did already in fact do a two day maintenance at the airport. Vice Mayor Vallone requested that this item be made a future agenda item for further information. He said, in his opinion, the airport should maintain ownership of the tractor. MOTION by Metcalf/McCarthy I move that steps be taken for Public Works to buy the tractor from Airport funds. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Vice Mayor Vallone - Nay Mayor Votapka - Aye MOTION CARRIED 14. Mayor Votapka adjourned the meeting at 9:15 P.M. Approved as amended at the Meeting. Ka~h~/fn M. 0 Halloran City Clerk August ~ 1988, Regular Council R±chard B. Votapka, ~ayor