HomeMy WebLinkAbout08231989City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, AUGUST 23, 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.
Mayor Votapka called the meeting to order at 7:02
p.m.
2. The City Clerk led the Pledge of Allegiance.
3. Invocation was given by Reverend Harold C. Rust,
Concordia Lutheran Church.
4. ROLL CALL
Present:
Councilman Lloyd Rondeau
Councilman Frank Oberbeck
Councilman Robert McCollum
Mayor Richard Votapka
Also Present:
Absent:
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
Finance Director, Carol Carswell
Chief of Police, Charles Reynolds
Golf Course Manager, William Vincent
City Planner, Peter Jones
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Vice Mayor Robert McCarthy
(excused)
City Manager, Robert McClary
(excused)
Regular City Council Meeting
August 23, 1989
Page 2
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
None.
6. CONSENT AGENDA
A. Approval of Minutes - 8/9/89 Regular Meeting
89.148 B.
Police Department - Request for Purchase - Micro
Recorders and Transcriber - $1,200 from
Forfeiture Funds (City Manager Recommendation
dated 8/10/89 - Memo from Police Chief dated
8/7/89)
89.149 C.
North County Democratic Club - Request for Use of
Riverview Park - Vendor Sales and Public Address
System on 10/21/89 or 10/28/89 (City Manager
Recommendation dated 8/7/89 - Letter from G.
Schum dated 8/7/89)
89.150 D.
Formal Approval of Request for Fee Waiver for
.Community Center - Red Cross Infant and Child CPR
!Course - 8/18/89 - 8:00 a.m. to 4:00 p.m. (Memo
from City Clerk dated 8/17/89, Letter from Red
Cross dated 7/20/89)
Councilman Rondeau removed item (6)(A) Approval of
8/9/89 Regular Meeting Minutes from the Consent
Agenda.
MOTION by Oberbeck/Rondeau
I move we approve Consent Agenda items B, C
and D.
ROLL CALL:
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
MOTION CARRIED 4-0.
Councilman Rondeau requested amendment of the 8/9/89
minutes, page 9, item 89.024, to reflect a statement
by Assistant County Attorney, William Collins, that
Indian River County would probably sue the city if it
attempted to opt out of the county impact fee.
There was no objection and the City Clerk was
instructed to review the tape of that meeting and
said she would do a verbatim of Attorney Collins
comments regarding litigation. (see attached)
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Regular City Council Meeting
August 23, 1989
Page 3
Councilman Rondeau noted that on page 10, it states
the City Manager said CWA had ratified its contract,
and he questioned the CWA's display at this evening's
meeting. Mayor Votapka responded that it was an
informational picketing which would be addressed
under public input.
MOTION by Oberbeck/McCollum
I move we approve the 8/9/89 Regular Meeting
minutes as amended based on the addition of the
attorney's comments with regard to possible
litigation against the city over the impact fee and
that be added to the minutes as per the tape.
VOICE VOTE on the motion carried 4-0.
7. PROCLAMATIONS AND/OR ANNOUNCEMENTS
None.
89.138
PUBLIC HEARING, FINAL ACTION
A. ORDINANCE NO. O-89-16 - Model Home Permit
Approval and Renewal
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO CONDITIONAL USES;
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN; AMENDING CLAUSE 20A-6.1.C.19.b.(1) OF THE
LAND DEVELOPMENT CODE PROVIDING FOR THE APPROVAL OF
RENEWALS OF MODEL HOME PERMITS BY THE PLANNING AND
ZONING COMMISSION; DELETING CLAUSE 20A-6.1.C.19.b.(2)
OF THE LAND DEVELOPMENT CODE REGARDING NOTICE
REQUIREMENTS; RESERVING CLAUSE 20A-6.1.C.19.b.(2) FOR
FUTURE PROVISIONS; 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 FOR AN EFFECTIVE DATE. (lst
Reading 7/26/89, Advertised 8/9/89, PH 8/23/89)
Attorney Nash read Ordinance No. O-89-16, for the
second time, by title only.
Mayor Votapka opened the public hearing at 7:13 p.m.
The Director of Community Development gave a brief
explanation of the amendment which will give Planning
& Zoning initial and renewal approval for model homes.
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Regular City Council Meeting
August 23, 1989
Page 4
Mayor Votapka closed the public hearing at 7:14 p.m.
MOTION by Oberbeck/McCollum
I move we adopt Ordinance No. O-89-16 as read by
the City Attorney by title only.
ROLL CALL:
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Councilman McCollum - aye
MOTION CARRIED 4-0.
89.139
B. ORDINANCE NO. 0-89-17 - Cemetery Fees
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE MUNICIPAL
CEMETERY; AMENDING THE CODE OF ORDINANCES OF THE CITY
OF SEBASTIAN; AMENDING SECTION 8-24 PERTAINING TO FEE
TO BE CHARGED BY THE CITY FOR WORK PERFORMED WITH
RESPECT TO A GRAVESITE AT A TIME OTHER THAN DURING
THE REGULAR WORKING HOURS; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (lst Reading 7/26/89,
Advertised 8/9/89, PH 8/23/89)
Attorney Nash read Ordinance No. 0-89-17 for the
second time by title only.
Mayor Votapka opened the public hearing at 7:16 p.m.
The Finance Director briefly explained the amendment
that would allow setting fees for callout work at the
cemetery by resolution.
Mayor Votapka closed the public hearing at 7:18 p.m.
MOTION by McCollum/Oberbeck
I move we adopt Ordinance No. 0-89-17 as read by
the City Attorney by title only.
ROLL CALL:
Councilman Rondeau - aye
Mayor Votapka - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
MOTION CARRIED 4-0.
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Regular City Council Meeting
August 23, 1989
Page 5
89.032
C. ORDINANCE NO. O-89-19 - Comprehensive Plan
FIRST PUBLIC HEARING FOR TRANSMITTAL TO DCA &
STATEMENT OF INTENT TO HOLD SECOND PUBLIC HEARING
APPROXIMATELY FEBRUARY 1990
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE COMPREHENSIVE
PLAN; AMENDING ARTICLE III OF CHAPTER 20 OF THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING
SECTION 20-51 OF THE CODE OF ORDINANCES PERTAINING TO
THE COMPREHENSIVE PLAN; 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 FOR AN EFFECTIVE
DATE. (lst Reading 8/9/89, Advertised 1/4 page
8/14/89, 1st PH 8/23/89)
Attorney Nash read Ordinance No. 0-89-19 by title
only.
Mayor Votapka opened the public hearing at 7:20 p.m.
The Director of Community Development noted that
Planning Consultant, Les Solin, had not yet arrived
and suggested waiting for his arrival. The City
Planner gave a brief overview of revisions which had
been presented to Council in their agenda packets and
stated that Mr. Solin would be presenting additional
revisions and DCA comments.
George Metcalf, 425 Pine Street, Sebastian, read and
suggested using language in the Indian River County
Comp Plan regarding airport land use to bring the
city's plan into compliance with the county.
The City Planner recommended that Council leave the
current language in the city's plan intact.
Les Solin arrived at 7:28 p.m., presented Council
with a forty page memo from him regarding recommended
changes to the City of Sebastian Comprehensive Plan
pursuant to DCA comments dated August 23, 1989 and
revised pages to the plan and explained the plan
process.
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Regular City Council Meeting
August 23, 1989
Page 6
Councilman Rondeau suggested that language in the
sentence on page 1-22, policy 1-2.4.1 of Mr. Solin's
revisions that reads, "The Federal Aviation
Administration (FAA) Regulations shall govern
placement and specifications of structures within
this area", should be changed to "shall participate
in".
Mayor Votapka thanked all those involved in
preparation of the Comp Plan and closed the public
hearing at 8:04 p.m.
MOTION by McCollum/Rondeau
I move we adopt Ordinance No. O-89-19 at first
public hearing and transmit it to DCA.
ROLL CALL:
Mayor Votapka - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
MOTION CARRIED 4-0.
9. PUBLIC INPUT
A. Non-Agenda Items
89.151
Maura Raborn - CWA Contract Negotiations
(no backup)
Maura Raborn, 155 Harris Drive, Sebastian, read the
title of a petition signed by fifty-two employees of
the City of Sebastian (see attached), stated that
they felt the city had bargained in bad faith by
stating that all city employees would receive $500
across the board and then authorized larger increases
for management, and requested that the CWA contract
not be ratified until this issue is settled.
Councilman Oberbeck concurred with the employees'
position.
Mayor Votapka suggested that this issue be
re-examined with the City Manager upon his return
from vacation.
Councilman Oberbeck was excused from the meeting at
8:22 p.m. and returned at 8:24 p.m.
Regular City Council Meeting
August 23, 1989
Page 7
B. Agenda items
Peg Rondeau, 285 Easy Street, Sebastian, read and
presented to the City Clerk a proposed letter that
Council might write to the Indian River County
Commission to expedite construction of the proposed
North County Library.
Mayor Votapka said that Council should talk to County
Commissioners to see what they can do to make sure
that acceptable bids are obtained and groundbreaking
begins.
Mayor Votapka closed public input at 8:35 p.m.
10. COMMITTEE REPORTS/RECOMMENDATIONS
Councilman McCollum said the Economic Development
Council would meet next on September 26, 1989.
11. OLD BUSINESS
None.
12. NEW BUSINESS
89.152
Discuss Delay i__n North County Librar~
Construction L Councilman Rondeau (no backup)
This item was addressed by Mrs. Rondeau under public
input.
89.051
ORDINANCE NO. O-89-15 - Establishing Police
Pension Fund
FIRST READING, SET PUBLIC HEARING 9/13/89
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO POLICE PENSIONS;
AMENDING CHAPTER TWO OF THE CODE OF ORDINANCES BY
ADDING ARTICLE VI THEREBY CREATING A PENSION PLAN FOR
POLICE OFFICERS; CREATING A NEW SECTION PERTAINING TO
DEFINITIONS; CREATING A NEW SECTION PERTAINING TO
MEMBERSHIP IN THE PENSION PLAN FOR POLICE OFFICERS;
CREATING A NEW SECTION PERTAINING TO BENEFIT AMOUNTS
AND ELIGIBILITY; CREATING A NEW SECTION PERTAINING TO
OPTIONAL FORMS OF BENEFITS; CREATING A NEW SECTION
PERTAINING TO CONTRIBUTIONS TO THE PENSION PLAN FOR
POLICE OFFICERS; CREATING A NEW SECTION PERTAINING TO
ADMINISTRATION OF THE PENSION PLAN FOR POLICE
OFFICERS; CREATING A NEW SECTION PERTAINING TO
7
Regular City Council Meeting
August 23, 1989
Page 8
FINANCES AND FUND MANAGEMENT; CREATING A NEW SECTION
PERTAINING TO THE REPEAL OR TERMINATION OF THE
PENSION PLAN; CREATING A NEW SECTION PERTAINING TO
MISCELLANEOUS MATTERS AFFECTING THE PENSION PLAN;
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.
Attorney Nash read Ordinance No. O-89-15, for the
first time, by title only.
MOTION by Oberbeck/McCollum
I move we accept Ordinance No. O-89-15 on first
reading and set it for public hearing on September
13, 1989.
ROLL CALL:
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
MOTION CARRIED 4-0.
89.153
RESOLUTION NO. R-89-42 - Establish Fee Schedule
for Cemetery Services Rendered - After Hours
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO CEMETERY FEES;
ESTABLISHING A FEE SCHEDULE FOR SERVICES RENDERED IN
CONNECTION WITH THE MUNICIPAL CEMETERY WHICH ARE
PROVIDED DURING TIMES OTHER THAN NORMAL WORKING
HOURS; 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.
Attorney Nash read Resolution No. R-89-42 by title
only.
MOTION by Oberbeck/McCollum
I move we adopt Resolution No. R-89-42 as read by
the City Attorney by title only.
ROLL CALL:
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
MOTION CARRIED 4-0.
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Regular City Council Meeting
August 23, 1989
Page 9
89.154 D.
Golf Course - Purchase 76 Used 1988 DS Electric
Club Cars - $98,800 (Staff Recommendation dated
8/16/89, Two Memos from Golf Course Manager dated
8/15/89, Letters from Club Car and Islander Golf
Cars, Inc.)
MOTION by Oberbeck/Rondeau
I move we approve the purchase of 76 used 1988 DS
Electric Club Cars for a total of $98,800.
ROLL CALL:
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Councilman McCollum - aye
MOTION CARRIED 4-0.
13. MAYOR'S MATTERS
None.
14. COUNCIL MATTERS
A. Vice Mayor McCarthy
89.042
1. Request Amendment to Resolution No. R-89-30 -
Public Input Policy (tabled from 8/2/89
workshop) - (Memo dated 7/27/89)
i -
This item was not addressed due to the absence of
Vice Mayor McCarthy.
B. Councilman McCollum
None.
C. Councilman Oberbeck
89.144
Councilman Oberbeck requested further approval for
use of various profit making merchants at the Chamber
of Commerce 1st Annual Fall Food Festival as is done
on the Fourth of July.
Donna Keys, Board of Directors, Chamber of Commerce,
addressed Council regarding this request.
Attorney Nash said, for the record, he was concerned
for the legal issues regarding the city allowing use
of public property for private profit. He said it
could be done by renting the park to the Chamber of
Commerce at fair market value and requiring them to
9
Regular City Council Meeting
August 23, 1989
Page 10
pay for police department use.
MOTION by McCollum/Rondeau
I move we approve the use of Riverview Park on
November 12, 1989, for the Chamber of Commerce 1st
Annual Fall Food Festival without charge, approve
local advertisement in the immediate and surrounding
area, and allow local merchants to participate at a
profit.
ROLL CALL:
Councilman Rondeau - aye
Mayor Votapka - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
MOTION CARRIED 4-0.
Councilman Oberbeck said he had received complaints
regarding weed growth from Lake Hardee to adjacent
properties and questioned whether the city is still
under contract with Ameriquatic. The Director of
Community Development said he would look into it.
Councilman Oberbeck announced the August 30, 1989
Joi~t workshop between Council and Construction Board
reg~rd±ng unlicensed contractors working in the city.
Councilman Rondeau said he may be unable to attend
the August 30, 1989 workshop.
D. Councilman Rondeau
Upon question by Councilman Rondeau, Attorney Nash
said he had not yet completed his report on opting
out of the Indian River County impact fee.
15. CITY ATTORNEY MATTERS
89.155
Attorney Nash reported on the question of whether the
city is obliged to indemnify Vice Mayor McCarthy for
any legal expenses he may have in opposing a recall
petition.
Councilman Rondeau objected to any discussion of the
possible recall.
Attorney Nash read from several Attorney General
opinions and suggested that Council request a more
recent opinion.
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Regular City Council Meeting
August 23, 1989
Page 11
MOTION by McCollum/Oberbeck
I move we instruct the City Attorney to request
an Attorney General opinion as to reimbursement of
legal funds in the event of recall of a Council-
person.
ROL~ CALL:
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
MOTION CARRIED 4-0.
89.003
Attorney Nash announced, regarding the Snell case,
Mr. Snell will file an amended petition and the city
will file another motion to dismiss the amended
petition.
16. CITY MANAGER MATTERS
89.003
The City Planner gave an update on the Airport
Planning Study, said input will be received from all
interested parties before completion of the scope of
work and said he was documenting his time spent on
airport related matters.
In response to question by Councilman Rondeau, John
Van Antwerp said the voluntary noise regulation
pamphlets were ready for distribution.
17. Mayor Votapka adjourned the meeting at 9:30 p.m.
· 1989 ~ Council Meeting.
11
WE, "['HE UNDERSIGNED CITY EMPLOYEES CONTEND THAT THE CWA UNION CONTRAC'[
WAS NEGOTIATED IN POOR FAITH BY MANAGEMENT. DLJRING THE UNION VOTE WE AGREED
ACCEPT THE $500 RAISE WITH THE UNDERSTANDING THAT EVERYONE EMPLOYED BY THE
CITY OF SEBASTIAN, INCLUDING MANAGEMENT PERSONNEL WOULD RECEIVE THE SAME RAISE
OF' $500. WE FEEL THAT THE RAISES OF ALL CITY EMPLOYEES NEED TO BE DISCUSSED
AND RENEGOTIATED.
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MEMORANDUM
DATE:
TO:
FROM:
RE:
August 30, 1989
Mayor Votapka, City Council Members
City Manager, City Attorney
Kathryn M. O'Halloran ~.~'~
City Clerk
Councilman Rondeau's Requested Amendment to August 9,
1989 Regular City Council Meeting Minutes Re: City
Attorney Report - Opting Out of the County Impact Fee
Attached please find a verbatim transcript of a relevant portion
of an excerpt of the above referenced minutes. It is apparent by
the transcript that Assistant County Attorney Williams did not
state at the meeting that Indian River County would sue the City
of Sebastian, although City Attorney Nash did state that he was
told this by Attorney Collins in a phone conversation.
Therefore, it is my opinion that the minutes should stand as
presented unles~ City Council wants to add the statement made by
Attorney Nash.
Please advise me as to your decision regarding the disposition of
the August 9, 1989 minutes.
sam
EXCERPT OF 8/9/89 REGULAR CITY COUNCIL MEETING MINUTES~ PAGE NINE
CITY ATTORNEY MATTERS, ITEM 89.024 REPORT - OPT OUT OF COUNTY
IMPACT FEE
NASH - OKAY NOW YOU WANT ME TO REPORT ON OPTING OUT OF COUNTY
IMPACT FEES. I'M NOT COMING HERE TONIGHT I GUESS WITH AN ANSWER
FOR YOU THOUGH I KNOW THAT'S WHAT EVERYONE WOULD LIKE BECAUSE
IT'S GOING TO BE MUCH MORE INVOLVED THAN THAT. WHAT I DID WHEN I
WAS AT THE FLORIDA MUNICIPAL ATTORNEYS ASSOCIATION CONFERENCE I
TALKED WITH A NUMBER OF CITY ATTORNEYS ABOUT THIS ISSUE. IN
PARTICULAR I TALKED WITH THE DAYTONA BEACH CITY ATTORNEY, FRANK
GUMMY(?), WHO IS A VERY WELL RESPECTED, RENOWNED CITY ATTORNEY
WHO ADVISED ME NUMBER ONE HIS CITY DID NOT PARTICIPATE IN THAT
SUIT INVOLVING VOLUSIA COUNTY AND ONE REASON THEY DIDN'T IS THEY
WORKED OUT A PRETTY GOOD DEAL WITH VOLUSIA COUNTY THAT THEY MADE
THEM NOT WANT TO BE INVOLVED IN THAT SUIT. HE DID REFER ME TO A
COUPLE OTHER CITY ATTORNEYS WHO HE THOUGHT WOULD BE OF ASSISTANCE
TO ME. ONE OF THOSE PEOPLE IS THE CITY ATTORNEY FOR ORMOND BEACH
WHO IS ONE OF THE PRIMARY CITY ATTORNEYS INVOLVED IN THAT SUIT.
I WAS ABLE TO REACH HIM BY TELEPHONE TODAY AND HE ADVISED ME THAT
NUMBER ONE HE DIDN'T FEEL THAT THE FIFTH DISTRICT COURT DECISION
WAS A GOOD DECISION. SEVERAL OTHER CITY ATTORNEYS I SPOKE TO AT
THE CONFERENCE HAD THE COMMENT 'BAD FACTS MAKE BAD LAWS'. WE
DISCUSSED THE OPINION THAT THE PART THE PART OF THE OPINION THAT
FOCUSED ON THE FACT THAT VOLUSIA COUNTY'S A CHARTERED COUNTY AND
THE CITY ATTORNEY FOR ORMOND BEACH ADVISED ME THAT EVEN THOUGH
THE FIFTH DCA DID DISCUSS THAT AS BEING AN ISSUE IT REALLY WASN'T
BECAUSE THE PROVISIONS IN THEIR CHARTER DO NOT RELATE TO HAVING
SPECIFIC AUTHORITY OVER TRAFFIC IN VOLUSIA COUNTY SO REALLY
THEY'RE MORE ON PAR WITH WHAT WE HAVE HERE IN INDIAN RIVER COUNTY
AS FAR AS THE AUTHORITY OF THE COUNTY VS. THE AUTHORITY OF THE
CITY. I ALSO WAS DIRECTED TO DISCUSS THIS MATTER WITH THE CITY
ATTORNEY FOR CASSELBERRY. UNFORTUNATELY I WAS NOT ABLE TO REACH
HIM TODAY BUT I DID LEAVE A MESSAGE AND WANT TO TALK TO HIM. THE
CITY ATTORNEY FOR ORMOND BEACH IS GOING TO SEND ME A GREAT DEAL
OF MATERIALS THAT HE FEELS WOULD BE HELPFUL FOR ME TO FURTHER
ANALYZE SOME OF THE ISSUES INCLUDING THE APPELLATE BRIEFS THAT
WERE SUPPLIED BOTH BY VOLUSIA COUNTY AND BY ORMOND BEACH AND ALSO
BY ANOTHER ATTORNEY THAT WAS REPRESENTING ONE OF THE OTHER CITIES
TO THE FIFTH DCA. ANOTHER ATTORNEY THAT I WAS DIRECTED TO TALK
WAS THE CITY ATTORNEY FOR ST. AUGUSTINE WHO'S INVOLVED IN A
SIMILAR DISPUTE UP IN ST. JOHNS COUNTY WHICH AGAIN IS PART OF THE
FIFTH DCA AND I DID PUT A CALL INTO THAT PERSON TOO AND I'M
~'AWAITING A RETURN PHONE CALL. IN THE MIDDLE OF ALL THIS I DID--'
GET A CALL FROM BILL COLLINS, ASSISTANT COUNTY ATTORNEY FOR
INDIAN RIVER COUNTY, AND AS BILL WILL PROBABLY WILL TELL YOU
HIMSELF WE DISCUSSED THE ISSUE BRIEFLY. I ADVISED HIM THAT I
WASN'T COMING TONIGHT WITH A RECOMMENDATION BUT I WAS COMING
TONIGHT WITH A REPORT. IT WASN'T MY POSITION TO SAY WHETHER
YOU'RE INCLINED TO DO THIS OR NOT TO DO THIS. OF COURSE, I THIN~
THAT YOU'LL PROBABLY WANT TO WAIT FOR MORE INPUT FROM ME BEFORE
YOU MAKE THE DECISION BUT MR. COLLINS ADVISED ME THAT IT WAS THE
INTENT OF THE COUNTY TO SUE SEBASTIAN AND APPARENTLY ALSO TO SUE
FELLSMERE IF SEBASTIAN OPTS OUT OF THE COUNTY IMPACT FEE. HIS
POSITION IS THAT THEY'LL WIN I'M NOT SO INCLINED THAT I'M
WILLING TO ACCEPT THAT AT THIS POINT ESPECIALLY BASED ON SOME OF
THE CONVERSATIONS I'VE HAD WITH OTHER CITY ATTORNEYS. I ALSO
ASKED MR. COLLINS WHETHER THE COUNTY'S GOING TO SUE FELLSMERE
REGARDLESS OF WHAT SEBASTIAN D'OES SINCE FELLSMERE HAD ALREADY
OPTED OUT OF THE COUNTY IMPACT FEE ORDINANCE AND MR. COLLINS DID
NOT HAVE AN ANSWER FOR ME AS TO THE COUNTY'S POSITION AT THIS
'TIME. SO I THEN CALLED UP NICK (?) WHO IS THE CITY ATTORNEY FOR
FELLSMERE AND LET HIM KNOW WHAT THE COUNTY WAS THINKING ABOUT ON
THESE LINES AND NICK THANKED ME AND I TOLD HIM I'M SURE THAT WE'D
COLLABORATE TOGETHER IF SEBASTIAN ENDS UP OPTING OUT OF THE
COUNTY IMPACT FEE ORDINANCE.
OBERBECK - WELL IT MAY BE SO FAR DOWN ON THE LIST NOW IT WOULDN'T
MATTER.
NASH - SO I THINK I WOULD RECOMMEND TO COUNCIL THAT YOU HAVE ME
PURSUE THIS AND BE ABLE TO COME BACK WITH YOU ONCE I COLLECT SOME
ADDITIONAL DATA. I WOULD ALSO STATE THAT I THINK THAT IF YOU'RE
INCLINED TO WORK TOWARD OPTING OUT OF THE COUNTY IMPACT FEE
ORDINANCE YOU NEED TO BE IN A POSITION TO REPLACE IT WITH YOUR
OWN IMPACT FEE ORDINANCE AND I ALSO RECOMMEND THAT YOU AUTHORIZE
A CITY STAFF MEMBER TO ATTEND A CONFERENCE THAT'S GOING TO BE
HELD OVER IN I THINK ORLANDO NEXT MONTH. NOT ME. YOU ALREADY
SENT ME TO ENOUGH SEMINARS I KNOW BUT PERHAPS MAYBE PETER JONES.
IT'S A TWO DAYS SEMINAR. IT'S NOT EXPENSIVE. THEY GIVE VERY
REDUCED LODGING RATES OVER THERE IF HE STAYS OVER THE NIGHT AND I
THINK IT WOULD BE A VERY BENEFICIAL SEMINAR FOR YOUR CiTY PLANNER
TO ATTEND AND HE'S GOING TO BRING BACK MATERIALS THAT I CAN LOOK
AT ALSO ON THE SUBJECT MATTER. DOES ANYBODY ON THE COUNCIL HAVE
ANY QUESTIONS?
MCCARTHY - YES I DO HAVE A FEW QUESTIONS. ACTUALLY WHAT YOU'RE
SAYING HERE IS THAT YOU FEEL THAT YOU WOULD LIKE TO GO ALONG WITH
THIS AND PURSUE~IT COME UP WITH SOME TYPE OF DRAFT ORDINANCE. IS
THAT WHAT YOU'RE SAYING OR YOU WANT TO ACTUALLY INVESTIGATE IT
MORE THOROUGHLY AND THEN REPORT BACK TO THE COUNCIL?
NASH - WELL I WOULD LIKE A CHANCE TO INVESTIGATE THIS FURTHER AND
COME BACK WITH A MORE IN-DEPTH ANALYSIS OF WHAT I PERCEIVE THE
STATE OF THE LAW TO BE AND THEN IF COUNCIL WANTED TO PURSUE
OPTING OUT I WOULD RECOMMEND THAT YOU NEED TO DO THE NECESSARY
STUDY TO ENACT YOUR OWN IMPACT FEE FOR TRAFFIC AND THAT WOULD
REQUIRE AN ORDINANCE. AND THEN I WOULD SAY CONCURRENT WITH THAT
IF YOU FEEL COMFORTABLE THAT WE HAVE A DEFENSIBLE POSITION TO OPT
OUT OF THE COUNTY'S IMPACT FEE ORDINANCE AT THE SAME TIME YOU
PASS AN ORDINANCE THAT OPTS OUT OF THE COUNTY IMPACT FEE.
MCCARTHY - ALRIGHT..MR. COLLINS IS HERE.
~-~COLLINS - MR. CHAIRMAN, IF I MAY FOR THE RECORD, MY NAME'S
WILLIAM COLLINS, I'M ASSISTANT COUNTY ATTORNEY FOR INDIAN RIVER-,.
COUNTY AND I FEEL THE NEED TO TAKE AN (INAUDIBLE). YOU'RE
PROBABLY WELL AWARE THAT I CAN NOT DECIDE TO SUE THE CITY OF
SEBASTIAN PERSONALLY. THIS MATTER HAS NOT COME BEFORE THE BOARD
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COUNTYCOMMISSIONERS. I DID HAVE THE CONVERSATION WITH MR. ,
NASH THIS MORNING BECAUSE WE HAD HEARD A COUPLE DAYS AGO THAT YOU
WERE GOING TO BE DISCUSSING THE MATTER AND I DID TELL HIM THAT
THE STAFF FEELS IT IS IMPORTANT THAT OUR IMPACT FEE ORDINANCE
REMAIN IN PLACE AND THAT THE STAFF WOULD PROBABLY GO TO THE BOARD
WITH A RECOMMENDATION THAT THERE IS NEW STATE LAW AUTHORITY
SAYING THAT OPTING OUT OF THE IMPACT FEE ORDINANCE DOES NOT SERVE
A VALID PUBLIC PURPOSE AND THAT SUCH ORDINANCES WOULD
(INAUDIBLE). NOW I WILL NOT ARGUE THAT IT MAY NOT BE POSSIBLE TO
DRAFT AN ORDINANCE THAT DOES SERVE SOME VALID PUBLIC PURPOSE AND
THUS WOULD BE A CONFLICTING ORDINANCE AND BE ABLE TO REPLACE THE
COUNTY IMPACT FEE. THE (INAUDIBLE) THAT WE'RE HERE TONIGHT ON IS
TO ADVISE YOU THAT AT LEAST THE STAFF WILL..THE COUNTY HAS BEEN
WORKING WITH YOUR CITY MANAGER AND YOUR CITY PLANNER FOR A NUMBER
OF MONTHS HOPING TO COME TO SOME METHOD WHEREBY THE IMPACT FEES
THAT WE DO COLLECT FROM THE CITY OF SEBASTIAN COULD BE UTILIZED
(INAUDIBLE) ON EXISTING COUNTY COLLECTOR ROADS BUT SOMEHOW
(INAUDIBLE). I THINK YOU'RE AWARE THAT IMPACT FEES CAN'T BE USED
FOR GENERAL MAINTENANCE AND UPKEEP LIKE PAVING POTHOLES OR TO
KEEP YOUR EXISTING ROAD NETWORK IN PLACE (INAUDIBLE) GOING TO
HAVE TO UPGRADE YOUR CAPACITY OF YOUR COLLECTOR ROAD SYSTEM AND
THE COUNTY OVER THE LAST TWO MONTHS IN ITS COMPREHENSIVE PLANNING
PROCESS HAS BEEN WORKING ON DEVELOPING A COMPUTER MODEL WHICH
IDENTIFIES THE ROAD NETWORK IN THE COUNTY AND WHICH ROADS CARRY
HIGH LEVEL TRIPS AND WHAT WE CONSIDER COLLECTOR ROADS. WHERE
THOSE ROADS TRAVERSE YOUR CITY AND ALSO GO INTO THE
UNINCORPORATED AREA. SUCH ROADS COULD BE CONSIDERED COLLECTOR
ROADS UNDER THE COUNTY, I'M SORRY, UNDER THE STATE LAWS
(INAUDIBLE) AND IN THOSE CASES THERE MAY BE AN OPPORTUNITY BASED
ON THE NUMBER OF TRIPS ON YOUR COLLECTOR ROAD SYSTEM IF THEY
EXTEND INTO UNINCORPORATED AREAS TO UTILIZE SOME IMPACT FEES
MONEY THAT WE COLLECT FOR YOUR ROADS. THIS MODEL WAS JUST
DELIVERED TO THE COUNTY, THE COMPUTER MODEL, IN THE LAST FEW
WEEKS AS PART OF THE TRAFFIC CIRCULATION ELEMENT OF OUR
COMPREHENSIVE PLAN AND I'M NOT SURE THAT OUR PUBLIC WORKS AND
PLANNING STAFF HAD AN OPPORTUNITY TO SIT DOWN WITH IT BUT I CAN
TELL YOU THAT ITS BEEN THEIR INTENTION TO WORK WITH YOUR STAFF
AND SEE IF WE CAN'T EXPAND THE NETWORK OF SEBASTIAN ROADS WHERE
THE FUNDS ARE AVAILABLE AND IF I'M MISSPEAKING AND I'M SURE THAT
MR. (INAUDIBLE) CAN CORRECT ME ON THIS BUT I BELIEVE THAT THE
STATUS (INAUDIBLE) STAFF REPORT THAT THE IMPACT FEE (INAUDIBLE)
IF THE CITY SIMPLY PASSED AN ORDINANCE TO SAY WE OPT OUT WE DON'T
WANT TO PAY THE COUNTY IMPACT FEE THE TWO DISTRICT COURTS THE
FOURTH AND (INAUDIBLE) THE FIFTH CIRCUIT AND ALSO WELL THERE'S
TWO I THINK THE SECOND DISTRICT RIGHT HAVE SAID THAT THE
PROVISIONS IN THE CONSTITUTION DEALING WITH CONFLICTING
ORDINANCES ONLY APPLY WITH CONFLICTING ORDINANCE (INAUDIBLE) TO
SIMPLY OPT OUT OF A PROGRAM THAT THE LEGISLATURE HAS ENDORSED
(INAUDIBLE) AS A MEANS OF FINANCING ROAD IMPROVEMENTS DOESN'T
SERVE ANY VALID PUBLIC PURPOSE SO THAT AT A MINIMUM YOU HAVE TO
ADVANCE SOME PUBLIC PURPOSE FOR OPTING OUT OF THE COUNTY'S
ORDINANCE. I'M NOT SAYING IT CAN'T BE DONE BUT WE'RE VERY
CONCERNED ABOUT WHAT EFFECT THAT WOULD HAVE ON ROADS SUCH AS THE
TWIN PAIRS, CR 512, ROSELAND ROAD, AND THE COUNTY'S ABILITY TO DO
OR NOT TO DO BUT TO FUND THOSE (INAUDIBLE) AS YOU KNOW IT COULD
BE NOT ONLY IMPACT FEE MONEY FROM SEBASTIAN AREA BUT ALSO FROM
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GAS TAX MONEY INTO THOSE iMPROVEMENTS AND THE CONCERN WE HAVE
PRIMARILY IS THAT ONE OF THE FUNDING SOURCES FOR THESE ROADS THAT
THE COUNTY HAS ~0 COME UP WITH FOR LIKE 512 WOULD BE ELIMINATED
AND WHEN THE SOURCE OF FUNDS IS ELIMINATED THE ABILITY OF THE
COUNTY TO MAKE IMPROVEMENTS WOULD BE (INAUDIBLE) RATHER THAN HAVE
THAT COME TO PASS BY OPTING OUT WE'D RATHER CONTINUE TO WORK WITH
YOU AND YOUR STAFF IN (INAUDIBLE) IF YOU'VE (INAUDIBLE) COLLECT
iIMPACT FEES THAT THE COUNTY COLLECTS BY VIRTUE OF YOUR ROADS --~
QUALIFYING AS COUNTY COLLECTOR ROADS AND I JUST WANT YOU TO
E'RE NOT COMING HERE TO SUE. I DON'T HAVE THE AUTHORITY TO SUEv
OU. WE ARE CONCERNED ABOUT THIS. WE'RE AWARE OF THESE COURT
ASES AND WILL BRING THOSE TO THE ATTENTION OF THE BOARD IF IT
CAME TO THAT POINT. WE'RE HERE PRIMARILY TO FIND OUT WHAT YOU'RE
THINKING ABOUT, WHAT YOUR NEEDS ARE, WHAT ARE YOUR REASONS FOR
YOU CONSIDERING OPTING OUT OF THE IMPACT FEE, WHAT ALTERNATIVES
YOU'RE PROPOSING SO WE CAN DISCUSS IT OURSELVES.
MCCARTHY - IF I MAY, MR. MAYOR, MR. COLLINS, I GUESS I BROUGHT
THIS UP TO THE COUNCIL HERE AT LEAST TWICE IN THE PAST SIX
MONTHS. PRIOR TO THAT THIS RESOLUTION THAT WAS SENT TO THE
COUNTY, RESOLUTION 88-77, WHICH I HAVE IN FRONT OF ME. I DON'T
BELIEVE WE HAVE ANY ANSWER TO OR FROM THE COUNTY. BUT IT WOULD
BE OUR INTENTION, OR AT LEAST MINE, I CAN'T SPEAK FOR THIS ENTIRE
COUNCIL TO OPT OUT ON THE PREMISE THAT WE OURSELVES NEED THE
IMPACT FEES FOR OUR OWN HEALTH, WELFARE AND SAFETY AND NOT TO
JUST OPT OUT FROM THE COUNTY. WE APPRECIATE THE COUNTY. IN FACT
WE'VE GIVEN IN IMPACT FEES JUST SEBASTIAN ALONE AS OF 8/4/89 ONE
MILLION ONE HUNDRED AND SEVENTEEN THOUSAND EIGHTY EIGHT DOLLARS
AND ELEVEN CENTS. BUT WE FEEL, OR AT LEAST AGAIN I CAN'T SAY WE
SO PLEASE EXCUSE ME WHEN I SAY THAT, I'M TRYING TO CONVINCE THE
COUNCIL HERE, THAT TO OPT OUT IN LIEU OF HAVING OUR OWN ORDINANCE
TO SUPPLEMENT THE IMPACT FEES BY ADDRESSING OUR OWN ROAD SYSTEM
AS FAR AS IMPROVEMENTS ON THOSE ROADS NOT TO REPAIR THEM WE KNOW
THAT WE'RE WELL AWARE OF THAT AS YOU ARE BUT THAT WE DO HAVE OUR
OWN SYSTEM HERE AND OF COURSE THE GROWTH MANAGEMENT ACT WE ALSO
HAVE TO COMPLY WITH AND WE FEEL THAT WE CANNOT PUT AN ADDITIONAL
IMPACT FEE ON OUR OWN CITIZENS THAT COME INTO THIS CITY THEREFORE
THIS IS WHY I'M ASKING THIS COUNCIL TO MAKE THAT CHOICE TO OPT
OUT WITH THE STIPULATION THAT WE NEED THOSE FEES OURSELVES.
COLLINS - I APPRECIATE YOUR EXPLANATION (INAUDIBLE) TRY AND
UNDERSTAND WHAT REASON YOU HAVE FOR OPTING OUT. I ALSO BELIEVE
THAT MR. DAVIS BROUGHT A LETTER TO MR. MCCLARY TONIGHT ADDRESSING
SOME OF THOSE POINTS IN THAT RESOLUTION THAT YOU HAVE iN FRONT OF
YOU AND IT MIGHT BE MORE APPROPRIATE FOR MR. DAVIS TO SPEAK TO
COUNCIL.
MCCARTHY - RIGHT. WE NEVER HEARD, YOU KNOW THERE WAS NEVER AN
ANSWER TO THIS RESOLUTION FOR EIGHT MONTHS OR SO.
VOTAPKA - RIGHT. THAT WAS A CONCERN OF OURS LAST TIME. I THINK
ROBB HAD MENTIONED WITH SPECIFIC REGARD TO RIGHT-OF-WAY
ACQUISITION WE HAD PUT A PROVISION IN THE RESOLUTION THAT THE
BOARD OF COUNTY COMMISSIONERS FOR INDIAN RIVER COUNTY PUT A
RIGHT-OF-WAY ACQUISITION PROGRAM AS PART OF A LONG RANGE MAJOR
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STREET AND HIGHWAY PROGRAM FOR DISTRICT THREE. THERE WAS ANOTHER
PROVISION IN THE RESOLUTION THAT THE BOARD OF COUNTY
COMMISSIONERS FOR INDIAN RIVER COUNTY UTILIZE FUNDING SOURCES FOR
IMPROVEMENTS TO.CR 512 WHICH ARE IN ADDITION TO IMPACT FEES
COLLECTED WITHIN DISTRICT THREE AND I THINK THAT YOU EXPLAINED
THAT YOU ARE USING SOME OF THE COUNTY OPTION GAS TAX MONEYS
TOWARDS THE IMPROVEMENTS FOR THAT ROAD.
COLLINS - RIGHT AND WE WHEN THE COUNTY PASSED THE ONE CENT
OPTIONAL SALES TAX IN MARCH ONE OF THE FIVE PRIORITY ITEMS THAT
WAS (INAUDIBLE) BASED UPON WAS ADVANCED ACQUISITION OF ADDITIONAL
RIGHT-OF-WAY. I DON'T BELIEVE ANY PARTICULAR ROADWAYS WERE
TARGETED BUT I (INAUDIBLE) USE SOME OF THOSE SALES TAX FUNDS ALSO
FOR REPAIR AND IMPROVEMENTS.
VOTAPKA - OKAY. THE CONCERNS EXPRESSED BY VICE MAYOR MCCARTHY
(INAUDIBLE) TO IS THAT YOU NEED A CONCURRENCY PROVISION OF THE
COMPREHENSIVE LAND USE PLAN ACT PASSED BY THE STATE OF FLORIDA
THAT WE'RE NOT ROBBED OF MONEY SO TO SPEAK FOR IMPROVEMENTS
OUTSIDE OF THE CITY WHEN THOSE IMPROVEMENTS WE WOULD HAVE TO BE
FORCED UNDER CONCURRENCY PROVISIONS OF THE STATE TO MAKE AND WE
WOULDN'T HAVE THE MONEY OR THE FUNDING TO DO SO. SO THAT WOULD
IN A SENSE IMPACT OUR ABILITY.
COLLINS - I APPRECIATE YOUR WORDS (INAUDIBLE) THERE IS THE OPTION
OF (INAUDIBLE) FACTOR OF HAVING A DUAL LAYER IMPACT FEES
(INAUDIBLE) SO I REALIZE THAT'S NOT NECESSARILY (INAUDIBLE)
DISCUSSION CONTINUED ON THE MATTER, BUT MR. COLLINS DID NOT SPEAK
AGAIN.
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