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Home My WebLink About08241988 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 24, 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. 2. Councilman McCarthy led the Pledge of Allegiance. 3. Invocation was given by Bishop Anthony Varano. 4. ROLL CALL Present: Councilman George Metcalf Councilman Robert McCarthy Councilman Kenneth Ruth Vice Mayor Peter Vallone Mayor Richard Votapka Also Present: City Manager, Robert McClary City Attorney, Charles Nash 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) The City Manager requested that items (13)(C) Consider Lease-Purchase of Ten Golf Carts and (13)(D) Discuss Cross Street Improvements be removed from the agenda due to the absence of the Golf Course Business Manager and David Fisher. The City Manager requested that he be allowed to make an announcement at the end of City Manager's Matters regarding the U.S. Department of Justice Police Department assessment. Council concurred. MOTION by Vallone/Roth I move we remove items (13)(C) Consider Lease- Purchase of Ten Golf Carts and (13)(D) Discuss Cross Street Improvements. VOICE VOTE on the motion carried 5-0. 6. CONSENT AGENDA Approve Minutes - 8/3/88 Workshop, 8/10/88 Regular, 8/17/88 Special - Budget Review Reimbursement of $39.39 - Councilman Metcalf - Attendance - Techniques and Strategies for Watershed Management Action - 7/8/88 Reimbursement of $402.60 - Attorney Nash - Attendance - Florida MUnicipal Attorney's Association Annual Seminar - 8/5/88 & 8/6/88 Resolution No. R-88-56 - Abandonment of Easement - Lots 17 & 18, Block 201, Unit 8, SH Resolution No. R-88-55 - Abandonment of Easement - South 5 feet of the east 5 feet of Lot 5, Lot 6, and Lot 7 less the easterly 15 feet of Lot 7, and the north 5 feet of Lots 21 and 22, Block 9, Edgewater Park Friends of Sebastian Area County Library - Request for Fee Waiver for Use of Community Center 11/11/88 Request for Yacht Club - A/B - Wolfe/Baker Pre-Wedding - 9/4/88 Request for Community Center - Oyster Pointe Resort Christmas Party - A/B - 12/17/88 Mayor Votapka read all Consent Agenda items. Attorney Nash requested that item (6)(A) Approve Minutes - August 3, 1988, and August 10, 1988 only, be removed for discussion. Mayor Votapka removed item (6)(C) C. Reimbursement of $402.60 - Attorney Nash - Attendance - Florida Municipal Attorney's Association Annual Seminar - 8/5/88 & 8/6/88 for discussion. 2 Councilman McCarthy removed item (6)(G)Request for Yacht Club - A/B - Wolfe/Baker Pre-Wedding - 9/4/88 for discussion. MOTION by Vallone/Metcalf I move we approve Consent Agenda items A) Approve Minutes - 8/17/88 Special - Budget Review; B) Reimbursement of $39.39 - Councilman Metcalf - Attendance - Techniques and Strategies for Watershed Management Action - 7/8/88; D) Resolution No. R-88-56 - Abandonment of Easement - Lots 17 & 18, Block 201, Unit 8, SH; E) Resolution No. R-88-55 - Abandonment of Easement - South 5 feet of the east 5 feet of Lot 5, Lot 6, and Lot 7 less the easterly 15 feet of Lot 7, and the north 5 feet of Lots 21 and 22, Block 9, Edgewater Park; F) Friends of Sebastian Area County Library - Request for Fee Waiver for Use of Community Center 11/11/88; and H) Request for Community Center - Oyster Pointe Resort Christmas Party - A/B - 12/17/88. VOICE VOTE on the motion carried 5-0. The City Attorney amended the August 3, 1988 minutes as follows: Page 3, paragraph 3, to amend: "At the recommendation of the City Manager, it was decided to have the City Clerk provide an update to City Council on the current policy on city board appointments and to have Council discussion on possible revisions at a future meeting". Mayor Votapka requested that reference to his memo dated August 3, 1988 and possible redraft of the resolution remain in the paragraph. He said that he felt Attorney Nash's concern was to note that he was not instructed at that meeting to redraft the current resolution. The City Attorney amended the August 10, 1988 minutes as follows: Page 3, first motion: He said it was his understanding that the motion was to instruct the Building Official to review and propose some changes to 20A-6.1(19), send them to the City Attorney and discuss them with Council at a future meeting. Page 7, second line from the top, "City Manager" should read "City Attorney". The Deputy Clerk was instructed to review the tape of the August 10, 1988 meeting in regard to Consent Agenda item (6)(a). Upon review of the tape of the August 10, 1988, meeting, let it be noted that the actual verbatim motion was as follows: "I'll make a motion that the City Attorney review it and see what amendments or changes he deems necessary and bring it back to Council as an action 3 item". Mayor Votapka restated the motion before the vote was taken as follows: "We have a motion and second to direct the City Attorney to meet with the Building Official to make the necessary changes to clarify any ambiguities that now exist". Mayor Votapka amended the August 10, 1988, minutes as follows: Page 6, paragraphs 6 and 8: "County Thoroughfare Plan" should read "U.S. #i/State Road 5 Corridor Feasibility Study". Councilman McCarthy said he took exception to August 10, 1988 minutes, page 6, paragraphs 2 and 3. He said that although he could not change the minutes, in the future it be noted that "any unprofessional conduct by Mayor will not be tolerated by the Council" MOTION by Roth/Vallone I move we approve Consent Agenda item (6)(A) Approve Minutes 8/3/88 and 8/17/88 as amended. VOICE VOTE on the motion carried 5-0. Mayor Votapka noted that the total amount in item C) Reimbursement of $402.60 - Attorney Nash - Attendance - Florida Municipal Attorney's Association Annual Seminar 8/5/88 & 8/6/88 should read $404.60. MOTION by Metcalf/Vallone I move we approve item C) Reimbursement of $402.60 - Attorney Nash - Attendance - Florida Municipal Attorney's Association Annual Seminar - 8/5/88 & 8/6/88 as amended changing $402.60 to $404.60. VOICE VOTE on the motion carried 5-0. Councilman McCarthy questioned the occupancy rate for the Yacht Club in regard to Consent Agenda item (6)(G) Request for Yacht Club - A/B - Wolfe/Baker Pre-Wedding - 9/4/88. The Building Official said the occupancy rate is one person per 7 square feet standing and one person per 15 square feet when tables are used. MOTION by McCarthy/Vallone I move we approve Consent agenda item G) Request for Yacht Club - A/B - Wolfe/Baker Pre-Wedding - 9/4/88. VOICE VOTE on the motion carried 5-0. 7. PROCLAMATIONS AND/OR ANNOUNCEMENTS None. 4 8. PUBLIC INPUT John Evans, 11155 Roseland Road, Attorney representing Citizens Airport Watch, requested that City Council not rush through the approval process for the Airport Master Plan and make adequate copies of the plan available for public review. 9. COMMITTEE REPORTS/RECOMMENDATIONS None. 10. MAYOR'S MATTERS Mayor Votapka referred an August 20, 1988 letter from the Department of Environmental Regulation regarding permit application for rock rip rap in front of the existing wave break, planting of red mangrove, and deck above the existing wave break, to Council for comment. Councilman Metcalf said he would check it out with the Marine Resources Council. The City Manager advised that if there was no comment the letter be filed in the City Clerk's office for public inspection. Mayor Votapka said he had also received a letter from DER this day regarding permit application for Good Guys, Sportsman's Lodge for docks, which he passed on for Council comment. Due to Councilman McCarthy's time schedule not allowing attendance at Equal Opportunities Council meetings until December 9, 1988, Mayor Votapka asked for a volunteer to be temporary liaison. There were no volunteers. Mayor Votapka said he would contact them and bring it up at a future meeting for consideration. 11. COUNCIL MATTERS A. Vice Mayor Vallone None. B. Councilman Roth None. C. Councilman McCarthy None. E. Councilman Metcalf 88.134 Request Attendance - Florida League of Cities Seminar - "Comprehensive Planning - T~e Nuts and Bolt~ Problems" - 9/15/88 & 9/16/88 Councilman Metcalf recommended that staff attend this meeting. 88.107 MOTION by Vallone/McCarthy I move we approve the request of Councilman Metcalf to attend the Florida League of Cities Seminar entitled Comprehensive Planning - Nuts and Bolts Problems" on September 15 and 16, 1988. VOICE VOTE on the motion carried 5-0. 12. CITY ATTORNEY MATTERS ORDINANCE NO. O-88-21L (Public Service Zoning) - (3rd Draft) FIRST READING - SET TWO PUBLIC HEARINGS 9/14/88 & 9/28/88 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO PERMITTED AND CONDITIONAL USES; LIMITING PERMITTED USES IN THE PS DISTRICT; PROVIDING FOR CONDITIONAL USES IN THE PS DISTRICT; PROVIDING CRITERIA FOR CONDITIONAL USES IN THE PS DISTRICT; DELETING ADULT CONGREGATE LIVING FACILITIES AS A CONDITIONAL USE IN PS, RM-8, RM-12, COR, CL, AND CG DISTRICTS; PERMITTING CULTURAL OR CIVIC FACILITIES IN AS A CONDITIONAL USE IN RM-8, RM- 12, PUD-R, PUD-C, AND PS DISTRICTS; DELETING NURSING HOMES AS A CONDITIONAL USE IN THE PS DISTRICT; AMENDING APPENDIX A DISTRICT USE TABLE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-88-21, for the first time by title only. MOTION by McCarthy/Vallone I move we accept the first reading of Ordinance No. 0-88-21 and set it for two public hearings on September 14 and 28, 1988. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye MOTION CARRIED. 6 87.027 88.136 Attorney Nash advised that the Clerk's office advertise in accordance with F.S. 166.041 (3)(c)(2). 13. CITY MANAGER MATTERS A. Discuss Airport Master Plan Approval Process The City Manager said there are copies of the Master Plan available for check-out from the City Clerk's office. After a brief discussion on the approval process and public hearing dates, the following motion was made. MOTION by Roth/Metcalf I move we schedule the Airport Master Plan public hearing for Wednesday, October 19, 1988 at 7:00 P.M. in the City Council Chambers. VOICE VOTE on the motion carried 5-0. Recommendation from Building Official re: Church on Bob Circle The Building Official gave a brief history of the condemnation process for the church since July of 1987 and now requested direction from Council to direct a certified letter to the owners to allow sixty days to demolish or repair in accordance with Southern Building Codes, Standard Unsafe Building Abatement Code, and City of Sebastian Code of Ordinances. The City Attorney said the municipality does have the police powers to remove a hazardous structure from a property after affording the property owner due process. He said he would be glad to talk to the Building Official on procedures. MOTION by Metcalf/Roth I move we authorize the Building Official to direct a certified letter to the owners of the church on Bob Circle to serve notice that they have sixty days to demolish or repair the church in accordance with Southern Building Codes, Standard Unsafe Building Abatement Code and City of Sebastian Code of Ordinances. ROLL CALL: Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Aye Mayor Votapka - Aye Councilman McCarthy - Aye MOTION CARRIED. 7 88.072 87.257 88.138 E. Discuss ~ Attorney Bill The City Manager noted that the current billing had decreased significantly from the previous one, although, he said if the billing continued at this rate the city could expend $66,000. He commented that he hoped there was no implication regarding the quality of representation by Attorney Nash in his request for this agenda item. The City Attorney said he agreed that the city and his office have worked well together, he and the City Manager agreed that there was nothing offensive in the bill, and that Sebastian is paying the lowest hourly rate of the several Brevard municipalities he had contacted. He went on to say that as the City Manager gets familiar with Florida law and the city recoups all costs for developments, some of his fees will be reduced. The City Attorney said he would bring a resolution regarding use of forfeiture funds for attorney fees. Discussion took place on restructuring the agenda so the attorney would not have to attend entire Council meetings. Discussion took place on considering a full-time City Attorney before consideration of the 89/90 fiscal year. Mayor Votapka called recess at 8:30 P.M. and reconvened the meeting at 8:40 P.M. Ail members present before the recess were present at recall. Review Request o__f Indian River County for City to Collect Solid Waste Service Charges After a brief discussion and suggestion by the City Manager that the City staff send a list of certificates of occupancy to the County Utilities Department instead of collecting the fee for the County before the issuance of the CO the following motion was made. MOTION by Roth/Vallone I move we concur with the recommendation of the City Manager as far as collection of Solid Waste Disposal fees and authorize the city staff to send a list of certificates of occupancy to the County Utilities Department on a monthly basis. 8 88.036/37 88.135 88.061 The City Manager said he would contact the two city franchised waste collection services and ask them when they intend to reduce customer rates due to the implementation of the Solid Waste Disposal fee. VOICE VOTE on the motion carried 5-0. Recommendation on Line Item Budget Transfer for Tractor MOTION by Metcalf/Roth I move we authorize the City Manager to initiate a line item transfer in the amount of $9209 within the Public Works Department from "Roads and Drainage" to "Capital Outlay". ROLL CALL: Vice Mayor Vallone - Nay Mayor Votapka - Aye Councilman McCarthy - Nay Councilman Metcalf - Aye Councilman Roth - Aye MOTION CARRIED. Review Bureau of Economic and Business Research Population Estimates The City Manager and BuildinG Official recommended the city try to persuade the Department of Economic and Business Research, University of Florida, that the actual vacancy rate is 8% instead of 13%. Mayor Votapka remarked that he thought there would need to be a substantial argument for a reduction in the vacancy rate, but authorized the City Manager to write the letter. Request__of Public Works Department to Waive Bidding Requirements for Asphalt Paving and Utilize Recent Bids Received by Indian River County for Barber Street Improvements Project After a brief discussion the following motion was made. 9 MOTION by Metcalf/Vallone I move we waive the bidding requirements for asphalt paving and utilize bids received by Indian River County for the Barber Street Improvements Project. ROLL CALL: Mayor Votapka -.Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Roth - Aye Vice Mayor Vallone - Aye MOTION CARRIED. The City Manager announced that Ernie Jones of the U.S. Department of Justice in Atlanta will be in Sebastian on September 1 and 2, 1988 to initiate and review what is going to be necessary to begin the assessment process of the Sebastian Police Department. He said he would have a written outline of the procedure for Council after meeting with Ernie Jones. 14. ADJOURN MOTION by Vallone/Metcalf I move we adjourn the August 24, 1988, Regular meeting. VOICE VOTE on the motion carried 5-0. Mayor Votapka adjourned the meeting at 9:15 P.M. Approved at the September 14, 1988 Regular City Council meeting. Richard B. Votapka, Mayor Cit~ Clerk 10