HomeMy WebLinkAbout09091987L. Gene Harrll
Mayor
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978-0127
TELEPHONE (305) 589-5330
Kathryn M. O'Halloran
City Clerk
MINUTES
SEBASTIAN CITY COUNCIL
~U~AR ~ETING
WEDNESDAY, $~T~R 9. 1987:7:00 P.M.
1225MAIN STREET, SEBASTIANz F~OR!DA
ALL PROPOSED ORDINANCES AND INFORMATION ON OTHER ITEMS
LISTED BELOW MAY BE INSPECTED iN THE OFFICE OF THE
CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. Mayor Harris called the meeting to order at 7 P.M.
2. Vice Mayor Roth led the Pledge of Allegiance.
3. Invocation was given by Father Joseph LeSage, St.
Sebastian Catholic Church.
ROLL CALL
Present:
Vice Mayor Kenneth Roth
Councilman Robert McCarthy
Councilman George Metcalf
Councilman Peter Vallone
Mayor L. Gene Harris
MOTION CARRIED
5. P~OCkAMATI_QN$ ANDJOR ANNOUNCEMENTS
Mayor Harris said Mrs. Peg Rondeau had requested that he
announce that there would be a consultant at the
Sebastian Lakes Clubhouse on Thursday, September 10th at
11:00 a.m. to discuss future plans for the Library.
Mayor Harris announced Voter Registration Day September
14, 1987. He said the last day to register for the
October 20, 1987, County election is September 19, 1987.
87.193
Mayor Harris said he would like to have Mr. Feeney,
counsel for the Julian Construction Co., owners of the
PUD on Main Street, briefly speak to Council. There were
no objections to the request.
A. Proclamation - SebHsti~n Junior Women's Club
Attorney Palmer read a Proclamation, honoring the
Sebastian Junior Women'S Club on their 10th
anniversary.
Since there was no one to receive the proclamation,
the City Clerk said she would see to it that the
group receives it.
Mr. Feeney of Julian Construction then addressed Council.
He said that Julian Consolidated has been in Orange
County for thirty years and that this is their first time
to do work out of that County. He said the PUD was
acquired through foreclosure. He expressed concern about
sewer availability. Mr. Feeney said the company will require
an extension from the City and DRI. He said once this is
dealt with, the realignment of Main Street should be
undertaken. He then asked for direction from Council.
After a brief question and answer session it was
recommended by Vice Mayor Roth that a special meeting be
called when Julian Construction is ready with some type
of plan.
Earl Masteller said this project has been labored with
for five or six years. He said the City needs the road
straightened and the PUD is an important factor in that
and in the viability of the proposed sewer project. He
said the City now~has a potential user.
PU~C ~RING
A. ~ESOLUTION NO. R-81-53
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
GRANTING TO THE SEBASTIAN RIVER AREA HISTORICAL
SOCIETY, INC., A SPECIAL USE PERMIT PURSUANT TO
SECTION 20A-2.6, LAND DEVELOPMENT CODE; PROVIDING AN
EFFECTIVE DATE. (lst Reading 8/12/87, Advertised
9/2/87)
Attorney Palmer read Resolution No. R-87-59 by title
only.
Mayor Harris opened the Public Hearing at 7:30 P.M.
George Riordan, an adjacent property owner expressed his
concerns for the possible loss of trees and possible traffic
accidents.
George Schum recommended a modern, well-lit, airconditioned,
fire-proof building.
Vice Mayor Roth said he was embarassed that Council was
not given a map or better informed.
MOTION by Roth/McCarthy
I move we postpone action on Resolution No. R-87-59
until a conceptual plan for the museum is received from
the Sebastian River Area Historical Society.
Councilman Metcalf asked what the plans were for the
building. George Schum said that permission for Special
Use must first be obtained and that 'there were no plans
at the present time.
Mayor Harris said the property was deeded by GDC to the
City for a museum site and the City had accepted it.
John Daminski said the Society did not intend to destroy
any trees. He said at the present there were no plans
for the building.
Vice Mayor Roth said he was only requesting proper info
before making a decision.
Julius Rapp said his son owned 651 Schumann Drive and was
against the project for parking reasons.
The City Clerk apologized for not giving Council members
a map.
Sally Riordan said she has lived next to the proposed
project site for 24 years and expressed concern for
people hanging out in the parking lot and traffic
problems.
Mayor Harris closed the Public Hearing at 8:00 P.M.
Councilman Vallone said that with respect to the
Historical Society, there was a proper way of doing
things and he would support the motion.
Councilman Metcalf questioned the difference between the
site plan and special use permit approval.
The Building Official said there was a difference but he
had some concerns about the project.
3
87.047
ROLL CALL:
Vice Mayor Roth - Aye
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Nay
MOTION CARRIED
B. ORDINANCE NO. 0-87-Q~
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, LEVYING OCCUPATIONAL LICENSE FEES ON
BUSINESSES, PROFESSIONS AND OCCUPATIONS; PROVIDING
FOR REPEAL OF CHAPTER 14 AS IT PRESENTLY APPEARS AND
CREATING A NEW CHAPTER 14,~PROVIDING FOR ISSUANCE OF
LICENSES FOR BUSINESSES, PROFESSIONS AND OCCUPATIONS
IN THE CITY OF SEBASTIAN, FLORIDA; TO INCREASE
LICENSE~FEES ON CERTAIN BUSINESSES, PROFESSIONS AND
OCCUPATIONS; PROVIDING FOR THE PAYMENT THEREOF;
REGULATING THE CONDUCT OF THE SAME; PRESCRIBING A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE AND FOR
OTHER PURPOSES; PROVIDING FOR PAYMENT OF ATTORNEY'S
FEES; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
8/26/87, Advertised 8/28/87)
Attorney Palmer read Ordinance No. 0-87-06, by title
only.
Mayor Harris opened the Public Hearing at 8:07 P.M.
There being no input from the Public, Mayor Harris closed
the Public Hearing at 8:08 P.M.
MOTION by Roth/Metcalf
I move we adopt Ordinance No. 0-87-06, as read by the
City Attorney, by title only.
Councilman Vallone said he would support the motion if
Home Occupational Licenses were being addressed by
another Ordinance.
Councilman McCarthy asked Attorney Palmer if he was satisfied
with the Ordinance. Attorney Palmer said he was.
ROLL CALL:
Vice Mayor Roth - Aye
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED
7. COMMITTEE REPORTS
Vice Mayor Roth said he and Attorney Palmer are working
on the Special Assessment program and will bring
something to Council when they feel they have something
acceptable.
8. PUBLI~ ~T ON AGE~NDA ITEMS
Earl Masteller recommended that the City hire a full-time
City Engineer rather than a consultant.
Dr. Henry Fischer said he concurred with Mr. Masteller.
George Reeves recommended the Council hire a full-time
engineer.
Gene Popow, Oyster Cove Association, said he was
requesting an extension for presentation of his site
plan. It was decided to discuss this under the agenda
item.
9. CONSENT AGENDA
RESOLUTION NO. R-87-60 - Abandonment of Easement
- Lots 3 & 4, Block 500, Unit 15, S/H
Be
RESOLUTION NO. R-87-61 - Abandonment of Easement
- Lots 18 & 19, Block 122, Unit 4, S/H
RESOLUTION NO. R-87-62 - Abandonment of Easement
- Lots 8 & 9, Block 14, Unit 1, S/H
Model Home Conditional Use Permit Request -
Suburban Homes - Lot 4, Block 56, Unit 2
Councilman Vallone requested that Item (9) (D) be removed
from the Consent Agenda.
MOTION by Roth/McCarthy
I move we approve Consent Agenda items (9) (A)
RESOLUTION NO. R-87-60 - Abandonment of Easement -
Lots 3 & 4, Block 500, Unit 15, S/H (B) RESOLUTION NO.
R-87-61 - Abandonment of Easement - Lots 18 & 19, Block
122, Unit 4, S/H (C) RESOLUTION NO. R-87-62 -
Abandonment of Easement - Lots 8 & 9, Block 14, Unit 1,
S/H.
87.126
VOICE VOTE:
Vice Mayor Roth - Aye
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED
Councilman Vallone requested a clarification on parking.
He asked the Building Official if it was in compliance.
The Building Official said it was in compliance.
MOTION by Vallone/Metcalf
I move we approve Consent Agenda item (9) (D) Model
Home Conditional Use Permit Request - Suburban Homes -
Lot 4, Block 56, Unit 2.
ROLL CALL:
Vice Mayor Roth - Aye
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED
Vice Mayor Roth said he appreciated the background
information received by Council.
10. OLD
0uiett Power _- Discussion Re: Automatic Transfer
~y~gJ~ ~Qat~gn~ f~om ~LZ/87)
Mr. Quiett of Quiett Power passed out literature and
copies of a maintenance agreement to Council on the
automatic transfer system for the emergency generator.
Councilman Vallone said Council was misinformed by a
staff member regarding purchase of the automatic transfer
switch. He said the automatic switch would give the City
more reliability.
Mr. Quiett explained how the system works. He said if
power from the utility is out the generator will run
until fuel runs out. He said his company does not
install the system and that a licensed electrician would
have to do the installation.
Vice Mayor Roth questioned why this proposal was not
brought to Council when the generator was installed.
87.207
Mr. Quiett said this is not an emergency generator
without the automatic transfer system. He quoted a price
of $1990 without installation.
Councilman Vallone requested that this item be referred
to staff and then be placed on the September 23, 1987,
agenda.
Mr. Masteller said this is where a City Engineer would
come into play. He said if the City buys the system from
Quiett Power and uses a different electrician to install
the system each will blame the other if a problem arises.
B. Readvertise for City
Councilman Metcalf asked that Council respect his
experience in contract management. He said Council is
obliged to follow Florida State Statute 287.055 regarding
the hiring of engineering services. He said a firm
within the state of Florida with a local office within 50
miles could be hired with one man serving as engineer of
record.
Mayor Harris said he had dOne some inquiries into
consulting firms and had fOund that they are not on an
oncall basis under the retainer. He recommended that
Council advertise for a City Engineer in the Florida
League of Cities and other~:magazines.
Councilman Metcalf 'said one man can't cover all aspects
of engineering needed. He said a consulting firm could
be retained for between $10,000 and $12,000.
Vice Mayor Roth said retainer is nothing more than being on
call and when needed an engineering consultant would be
very costly. He said the City is now and will be in dire
need of an efficient City Engineer.
Councilman Vallone recommended that Council at least see
what consulting firms have to offer.
Councilman McCarthy recommended getting proposals from
Consulting Engineers and advertising for a City Engineer.
MOTION by McCarthy/Vallone
I move we advertise for consulting engineer firms
withing a 50 mile radius of Sebastian in the Florida
League of Cities magazine in accordance with Florida
State Statute 287.055
The Building Official recommended that Council advertise
for a City Engineer and he would present them with a list
of consulting firm. He said in his opinion the City
needs both an Engineer and a Consultant.
87.207
ROLL CALL:
Vice Mayor Roth - Nay
Councilman McCarthy - Nay
Councilman Metcalf - Aye
Councilman Vallone - Nay
Mayor Harris - Nay
MOTION FAILED
MOTION by Vallone/McCarthy
I move we readvertise for a City Engineer in the
Florida League of Cities and other journals at a salary
of $25,000 to $35,000.
ROLL CALL:
Vice Mayor Roth - Aye
Councilman McCarthy - Aye
Councilman Metcalf - Nay
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED
C. Proposal Engineering Service~
Although not the intent of this agenda item, discussion
took place on City Base Maps. Mayor Harris said he would
do interviews when he returned from his vacation.
(This agenda item was actually carried over from the
September 2, 1987, meeting, to discuss consulting
engineer firms.
11. MA~OR'~ MATTSR$
Mayor Harris said he had instructed A1 Peltier to
purchase poles for the approved signs under the same state
contract for a price under $2000.
12. CO~QIL MATTEg~
Vice Mayor Roth said he had met with Jim Davis regarding
the traffic light and had requested funds from impact
fees.
Mayor Harris said he gives much of the.credit for the
traffic light to Mosby and Associates.
Councilman McCarthy questioned what plan Post, Buckley
was addressing in their letter of July 20, 1987. Mayor
Harris said they were addressing his plan. Councilman
McCarthy said the Airport Advisory Board is only to
advise Council not vote on matters.
8
87.215
87.210
Vice Mayor Roth said Phase I of the Master Plan was never
approved by Council and until it is Council is not
obliged to accept anything.
Mr. Harris said Mr. Twitty is working on the plan.
Councilman McCarthy asked to see documentation on how
much the Airport was charged for Public works' employees
mowing grass. He questioned the request for a new
employee for the airport to .take care of. this.
13. CITY ATTQRNEY MATTERS
None.
14. NEW BUSINESS
ae
Request from Damiam ~illi~ re: ExtensioR on
Site Plan for Twin Oaks ApartgL~n~s Approved ~
Planning and Zoning C~li$~on September 12.
Damian Gilliams requested an extension on his site
plan approval.
The Building Official.said he recommended a six month
extension on site plan with ninety day permit
extensions.
MOTION by Vallone/Metcalf
I move we approve the request for extension on
site plan approval for six months with ninety day
permit extensions as approved by the Building
Official.
ROLL CALL:
Vice Mayor Roth - Aye
Councilman McCarthy ' Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED
ORDINANCE ~ 0-87-22 (First Reading - Set Public
Hearing)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
AMENDING PARAGRAPH B OF SECTION 20A-6.1 OF ARTICLE VI
OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE AND
THEREBY CODIFYING THE NOTICE REQUIREMENTS AS A
PRECONDITION FOR APPROVAL OF ANY CONDITIONAL USE;
PROVIDING AN EFFECTIVE DATE.
9
87.216
87.217
MOTION by Vallone/Roth
I move we accept the first reading of Ordinance No.
0-87-22 and set it for Public Hearing on October 14,
1987.
VOICE VOTE:
Vice Mayor Roth - Aye
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
Vice Mayor Roth said he would like to thank
Councilman Vallone for bringing this matter to the
attention of Council.
MOTION CARRIED
C. FINA~C~ ~EPARTMENT
Request ~Q R~ag~ A~torney Palmer's M~[~hip in
National In~ute of Municipal Law Q~icers
(N~O)
This was mistakenly placed on the agenda by Mayor Harris
who stated that it is the City's renewal and it has been
taken care of.
D. Request fr~om Oyster Cove A~. - Eugene Popow re:
~i~ty Day Extension .~0 Submit Site ~ ~Q R i ~
The Building Official recommended that Council
approve a sixty day extension on submittal of site
plan to Planning and Zoning or the project be
abandoned.
MOTION by Metcalf/Vallone
I move we support the recommendation of the Building
Official and approve a sixty day extension to submit a
new site plan to Planning and Zoning or abandon the
project for Oyster Cove Association.
VOICE VOTE:
Vice Mayor Roth - Aye
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
Vice Mayor Roth said he appreciated Bruce Cooper's
comments.
MOTION CARRIED
16. Mayor Harris adjourned the meeting at 9:42 p.m.
10
Minutes were approved at the September 23rd, 1987
meeting.
~T~ ~ST:
City C~rk
Mayor