HomeMy WebLinkAbout08061989City of Sebastian
OST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MINUTES
SEBASTIAN CiTY COUNCIL
WORKSHOP MEETING
WEDNESDAY, SEPTEMBER 6, 1989 - ?: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.
Mayor Votapka called the workshop to order at 7:01
p.m.
2. The City Manager led the Pledge of Allegiance.
3. 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
Golf Course Manager, William Vincent
City Planner, Peter Jones
Deputy City Clerk, Sally Maio
Admin. Secretary, Elizabeth Reid
4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
None.
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5. ANNOUNCEMENTS
None.
6. PUBLIC INPUT
A. Non-Agenda Items
Mayor Votapka opened public input at 7:08 p.m.
George Metcalf_- Request for Reimbursement
for Past Litigation as Councilman (Memo from
Metcalf rec'd 8/24/89 w/ backup)
George Metcalf, 425 Pine Street, Sebastian, requested
that if the City Attorney finds the city shall
indemnify Vice Mayor McCarthy for defense of a
possible recall, that he himself be reimbursed for
fees incurred for his defense as a Councilman in
1987. However, he said if it was found that Vice
Mayor McCarthy would not be reimbursed, he would
withdraw his request. Attorney Nash said he
questioned whether the situations were the same,
questioned statute of limitations and said he would
not have an opinion from the Attorney General for two
or three months.
William E. Van Kirk - Islander Golf Cars,
Inc. - Request to Overturn Golf Cart Purchase
from Club Car (Letter from Van Kirk dated
8/29/89 w/ backup)
William E. Van Kirk, Islander Golf Cars, Inc.,
objected to the purchase on August 23, 1989, of 76
used Club Cars without going to bid. It was
explained to Mr. Van Kirk that the waiver of bid
procedure was in accordance with State Statutes and
City Codes. Following some discussion, Mr. Van Kirk
was advised that in the future he would be given the
opportunity to bid.
B. Agenda Items
None.
Mayor Votapka closed public input at 7:37 p.m.
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7. WORKSHOP ITEMS
City Manager_- Recommendation Re: Employee Salary
and Benefits (Memo from City Manager dated
8/31/89)
TheiCity Manager explained his August 31, 1989, memo
to ~ity Council (see attached), containing his
recommendations on employee salaries and benefits
subsequent to his review of allegations by CWA
employees of bad faith bargaining on the part of the
city and meetings with CWA Representatives. He said
CWA representative, Daryl Thompson had approved his
recommendations.
MOTION by McCarthy/McCollum
I move we concur with the City Manager's
recommendation as contained in his memo to Council
dated August 31, 1989 regarding employee salaries and
benefits, and authorize the draft of the appropriate
resolutions to be brought back to City Council as
soon as possible.
ROLL CALL:
Councilman McCollum - aye
Councilman Oberbeck - nay
Councilman Rondeau - nay
Mayor Votapka - aye
Vice Mayor McCarthy - aye
MOTION CARRIED 3-2 (Oberbeck, Rondeau - nay)
Planning and Zoning Commission Recommendation -
Form Committee to Investigate Feasibility of
Certain Annexations - Area East of 1-95 on North
Side of CR 512, North to Brevard County Line and
West of Sebastian River (Memo from P & Z dated
8/15/89)
Planning and Zoning Commission Recommendation -
Annex all Indian River County Enclaves with the
~ (Memo from P & Z dated 8/15/89)
The City Planner explained Planning and Zoning's
request for a committee comprised of a Council
member, staff members and Planning and Zoning members
to study the feasibility of certain annexations to
the west of the city and county enclaves within the
city limits.
The City Attorney said that if this committee does
anything other than fact finding, such as making
recQmmendations, it must be governed by the Sunshine
Law~
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Councilman McCollum volunteered for the Council
position and Councilman Oberbeck volunteered as
alternate.
AttOrney Nash quoted FS 171.0413 (2)(e) and (5)
regarding annexation procedures.
MOTION by Oberbeck/McCollum
I move that we concur with Planning and Zoning's
recommendation as contained in their memos to Council
dated August 15, 1989, to establish a committee to
review proposed annexations and designate Councilman
McCollum as Council representative and Councilman
Oberbeck as alternate.
VOICE VOTE on the motion carried 5-0.
Discussion - Land Use Amendment Procedures (Memo
from Director of Community Development dated
9/1/89)
The Director of Community Development explained his
recommendation as contained in his memo dated
September 1, 1989, to establish procedures and dates
of January 31 and July 31 for submittal to DCA for
land use amendments.
MOTION by McCarthy/Rondeau
I move we direct the City Attorney to draft the
proper legal documents for establishment of
procedures and dates for transmittal to DCA for
land use amendments.
VOICE VOTE on the motion carried 5-0.
Mayor Votapka called recess at 8:45 p.m. and
reconvened the meeting at 8:57 p.m. Ail members
present at recess were present at recall.
8. MAYOR'S MATTERS
In response to a request by the Mayor for a status
report on the proposed police facility at Chesser
Gap, the City Manager said he was mandated under 166
FS not to release information but did say that
Stottler, Stagg had re-evaluated the site and would
submit their recommendation at the same time that the
City Manager presents a letter agreement between him
and~the property owner for Council approval by the
September 27, 1989 Regular council meeting.
Councilman Rondeau recommended terminating the
services of Stottler Stagg. The City Manager said he
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was considering renegotiating the contract and would
at the same time also review what termination
procedures would be.
9. COUNCIL MATTERS
A. Vice Mayor McCarthy
In response to an inquiry by Vice Mayor McCarthy, the
City Manager said he would request a status report
from the City Engineer on the Clivus Multrum.
In response to an inquiry by Vice Mayor McCarthy, the
City Planner said the next step in the proposed plan
to fill in the Indian River south of Marker 68
Marina is to apply through Mosby and Associates %o
the Army Corps of Engineers to do a preliminary
biological survey to determine the nature of environ-
mental concerns.
Vice Mayor McCarthy recommended the establishment of
a hotline for people to inform the city of unlicensed
contracting work being done.
B. Councilman McCollum
None.
C. Councilman Oberbeck
In response to an inquiry from Councilman Oberbeck,
thelCity Manager said the proposed law enforcement
mutual aid agreement is in the hands of the County
Sheriff and that he would fOllow through to check its
progress; and that the auditors said charge backs for
work done by staff on the airport issue should be
based on reasonableness.
D. Councilman Rondeau
In response to an inquiry from Councilman Rondeau,
the City Manager said that two weeks from now he
would scale the nineteen Assistant City Manager
applicants from the first screen down to three; and
that he would check with Finance on the City
Attorney's bill thus far for the lawsuit filed
regarding the airport ordinance. Attorney Nash read
the figure of $1012.00.
CITY ATTORNEY MATTERS
A. Report L Opting Out of Impact Fee (no backup)
The City Attorney reported, as requested, on opting
out of the Indian River County transportation impact
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fee, citing recent cases in the 4th and 5th District
Court of Appeals. He recommended that Council
authorize a study to determine what the city needs to
do to implement its own impact fee and authorize him
to consult with attorneys with expertise in impact
fee ordinances.
Discussion followed on first negotiating with Indian
River County to try to get a reasonable fair share of
impact fees.
Upon questioning by Mayor Votapka, Assistant County
Attorney William Collins responded that thirty days
was sufficient for a response from County
Commissioners as to whether they would be willing to
negotiate with the city but that actual studies would
take considerably longer.
Council, by consensus, authorized the City Attorney
to contact attorneys with expertise in impact fees
and instructed the City Manager to contact Indian
River County regarding negotiation for a fair share
of the fees.
Attorney Nash recommended that Council members attend
the 63rd Annual Florida League of Cities Convention
October 12 through 14, 1989.
Councilman McCollum said he had requested approval
for his attendance at the convention to be placed on
the September 13, 1989 agenda.
CIT~ MANAGER MATTERS
Request for Call of Special Meeting - 9/20/89 -
2nd Public Hearing and Adoption of 8~/90 Budge~
(no backup)
MOTION by McCarthy/McCollum
I move we call a special meeting for September
20, 1989, for second public hearing and adoption of
the 89/90 budget.
VOICE VOTE on the motion carried 5-0.
The City Manager said he had received an invoice for
the upcoming year's dues for National League of
Cities and recommended discontinuing membership.
Approval for discontinuance of the National League of
Cities membership was placed on the September 13,
1989 consent agenda.
MOTION by Rondeau/McCarthy
I move we adjourn the meeting.
VOICE VOTE on the motion carried 5-0.
12. Mayor Votapka adjourned the meeting at 10:15 p.m.
Kathr~ M. O'Halloran, City Clerk
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