HomeMy WebLinkAbout09131989City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, SEPTEMBER 13, 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 7:00
p.m.
2. Councilman Rondeau led the Pledge of Allegiance.
3. Invocation was given by Reverend John Hill, Sebastian
United Methodist Church.
4. ROLL CALL
Present:
Also Present:
Vice Mayor Robert McCarthy
Councilman Lloyd Rondeau
Councilman Frank Oberbeck
Councilman Robert McCollum
Mayor Richard Votapka
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
Finance Director, Carol Carswell
Chief of Police, Charles Reynolds
Golf Course Manager, William Vincent
Deputy City Clerk, Sally Male
Administrative Secretary, Elizabeth
Reid
Regular City Council Meeting Minutes
September 13, 1989
Page Two
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
None.
6. CONSENT AGENDA
Approve Minutes - 8/12/89 Budget Workshop,
8/23/89 Regular Meeting, 8/30/89 Joint Workshop,
9/6/89 Workshop
89.161
89.162
89.163
89.164
Request for Community Center - Navarrete Wedding
- 10/28/89 - 4 to 9 p.m. - security paid
Request for Community Center - Schaber Wedding -
3/3/90 - 4 to 10 p.m. - security paid
Request for Riverview Park - Sebastian River Art
Club - 11/18/89, 1/13/90, 2/10/90, 3/10/90,
4/14/90, and 5/12/90 (Staff Recommendation dated
8/21/89, Letter from Club dated 8/14/89
E. RESOLUTION NO. R-89-50 - Abandonment of Easement
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE WEST SIX FEET OF
LOT 25 AND THE EAST SIX FEET OF LOT 26, BLOCK 235
UNIT 6, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT'
THEREOF, RECORDED IN PBI 5/96, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
89.165
F. RESOLUTION NO. R-89-51 - Abandonment of Easement
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE EAST SIX FEET OF
LOT 7 AND THE WEST SIX FEET OF LOT 8, BLOCK 50, UNIT
2, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN PBI 5/36, PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
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Regular City Council Meeting Minutes
September 13, 1989
Page Three
89.134 G.
RESOLUTION NO. R-89-53 - Amend R-89-43 -
Assignment of Lease - Ambulance Squad
(City Manager Recommendation dated 9/6/89)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE, ON
BEHALF OF THE CITY, A FIRST AMENDMENT TO LEASE
AGREEMENT WITH INDIAN RIVER COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA, FOR THE USE OF
CERTAIN REAL PROPERTY LOCATED AT 1111 MAIN STREET,
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, FOR PUBLIC
SAFETY PURPOSES OF DIRECT BENEFIT TO THE CITIZENS OF
THE CITY; PROVIDING FOR AN EFFECTIVE DATE.
89.166
Discontinue National League of Cities Membership
(City Manager Recommendation dated 9/7/89)
89.167
Approval - Councilman McCollum Request to Attend
Florida League of Cities Convention -
Jacksonville - 10/12 to 10/14 - Includes Approval
for any Councilman (City Manager Recommendation
Dated 9/7/89)
Mayor Votapka read all consent agenda items.
Councilman Rondeau requested the removal of the
8/12/89 budget workshop minutes since changes have
been made to the budget since then. It was explained
to him that this is approval of a record of
statements made at that meeting only. Councilman
Rondeau withdrew his request.
MOTION by McCarthy/Oberbeck
I move we approve consent agenda items A, B, C,
D, E, F, G, H, and I.
ROLL CALL:
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
MOTION CARRIED 5-0.
7. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Proclamation - Business and Industry Appreciation
Week - 9/18/89 to 9/22/89
Mayor Votapka read and presented the proclamation to
Bruce Redus.
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ReGular City Council Meeting Minutes
September 13, 1989
PaGe Four
Proclamation - Constitution Week - 9/17/89 to
9/23/89
Mayor Votapka read and presented the proclamation to
Thelma Kropp and Marie Bradley.
Proclamation - Florida Native Plant Appreciation
Month
Mayor Votapka read the proclamation and requested the
clerk to mail it to the appropriate party.
8. PUBLIC HEARING, FINAL ACTION
89.051 A.
ORDINANCE NO. 0-89-15 - Establish Police Pension
Fund
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
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. (lst ReadinG 8/23/89,
Advertised 8/31/89, Public HearinG 9/13/89)
Attorney Nash read Ordinance No. 0-89-15, for the
second time, by title only.
Mayor Votapka opened the public hearinG at 7:21 p.m.
Attorney Nash noted minor changes he had made on
pages 9, 10, 14, 18 and 20 at the suGGestion of
the Florida Department of Insurance and recommended
placement on the next agenda discussion on the
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Regular City Council Meeting Minutes
September 13, 1989
Page Five
establishment of a board to oversee the plan which
should consist of two legal'residents of Sebastian
appointed by Council, two employees who are members
of the plan elected by all members of the plan and
the fifth member to be elected by the other four.
Mayor Votapka closed the public hearing at 7:35 p.m.
MOTION by Oberbeck/McCollum
I move we adopt Ordinance No. O-89-15 to
establish the Police Pension fund as amended by the
City Attorney.
Vice Mayor McCarthy requested that the record show
that the PBA received a copy of the ordinance and
were not at the meeting to voice an opinion.
ROLL CALL:
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
MOTION CARRIED 5-0.
89.078
The Deputy Clerk was instructed to advertise for
board members, contact individuals who have applied
for other boards and place this item on the September
27, 1989 agenda. Chief Reynolds suggested that
applicants have financial or investments background.
B. 89/90 FY BUDGET
TENTATIVE APPROVAL - SCHEDULE 2ND PUBLIC HEARING
AND ADOPTION FOR 9/20/89
1. RESOLUTION NO. R-89-45 - Ad Valorem Tax
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
PROVIDING FOR THE LEVY OF AD VALOREM TAXES FOR
THE CALENDAR YEAR 1989; PROVIDING FOR DEPOSIT OF
TAX LEVIES; AND PROVIDING FOR AN EFFECTIVE DATE.
2. RESOLUTION NO. R-89-46 - 89/90 BUDGET ADOPTION
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
ADOPTING THE ANNUAL BUDGET OF THE CITY OF
SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1989, AND ENDING SEPTEMBER 30, 1990;
APPROPRIATING FUNDS FOR THE EFFICIENT AND
EFFECTIVE OPERATION OF THE GOVERNMENT OF THE CITY
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Regular City Council Meeting Minutes
September 13, 1989
Page Six
OF SEBASTIAN AND ALL OF ITS DEPARTMENTS FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1990, SUCH
APPROPRIATIONS BEING FROM ANTICIPATED REVENUE;
PROVIDING A MEANS TO AMEND THE SAID ANNUAL BUDGET
SO AS TO CARRY FORWARD THE FUNDING OF PURCHASE
ORDERS, WORK ORDERS, AND GRANTS OUTSTANDING AS OF
SEPTEMBER 30, 1989; PROVIDING A MEANS TO AMEND
THE SAID BUDGET TO REFLECT GRANTS RECEIVED AFTER
SEPTEMBER 30, 1989; PROVIDING A MEANS TO AMEND
SAID BUDGET SO AS TO CARRY FORWARD UNENCUMBERED
BALANCE IN CAPITAL PROJECTS FUND; AUTHORIZING
THE TRANSFER OF FUNDS HEREIN APPROPRIATED SO LONG
AS THE TOTAL COMBINED APPROPRIATIONS SHALL NOT BE
INCREASED THEREBY; AND PROVIDING FOR AN EFFECTIVE
DATE.
Attorney Nash read Resolution Nos. R-89-45 and R-89-
46 by title.
Mayor Votapka opened the public hearing at 7:44 p.m.
The City Manager recommended tentative approval and
stated there was no increase in the millage rate.
There being no input, Mayor Votapka closed the public
hearing at 7:45 p.m.
MOTION by McCarthy/Oberbeck
I move we tentatively approve Resolution No. R-
89-45 and set it for second public hearing and
final adoption on September 20, 1989.
ROLL CALL:
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
MOTION CARRIED 5-0.
MOTION by Oberbeck/McCarthy
I move we tentatively approve Resolution No. R-
89-46 and set it for second public hearing and
final adoption on September 20, 1989.
ROLL CALL:
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - nay
Councilman Rondeau - aye
MOTION CARRIED 4-1 (Oberbeck - nay)
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Regular City Council Meeting Minutes
September 13, 1989
Page Eight
Discussion took place on the need for a port-o-let at
Hardee Park and possible vandalism that~take
place.
Edra Young said she participates in a hospital
sponsored group walk at Hardee Park and that many
members do require a handicap port-o-let and had
signed a petition to that effect. She recommended
that additional lights may prevent vandalism.
MOTION by Rondeau/Oberbeck
I move we approve the request of the Parks and
Recreation Committee for placement of a handicap
port-o-let at Hardee Park and to investigate the
possibility of using tie downs.
The Director of Community Development said he would
find the most appropriate site and look into tie
downs.
ROLL CALL:
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
MOTION CARRIED 5-0.
11. OLD BUSINESS
89.137
ae
RESOLUTION NO. R-89-44 - Vickers Subdivision
Preliminary Plat (Staff Recommendation dated
9/7/89, Memo from City Planner dated 9/7/89,
Letter from Fowler dated 8/31/89)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO A PRELIMINARY
SUBDIVISION PLAT; APPROVING A PRELIMINARY SUBDIVISION
PLAT FOR AN INDUSTRIAL SUBDIVISION OCCUPYING A TRACT
OF LAND APPROXIMATELY 30.53 ACRES MORE OR LESS IN
SIZE, LOCATED IN SECTIONS 17 AND 20, TOWNSHIP 31
SOUTH, RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR A WAIVER OF CERTAIN
REQUIREMENTS OF THE LAND DEVELOPMENT CODE OF THE CITY
OF SEBASTIAN; PROVIDING FOR THE IMPOSITION OF
CONDITIONS FOR THE APPROVAL OF THE PRELIMINARY
SUBDIVISION PLAT; PRESCRIBING A TIME LIMIT FOR THE
SUBMISSION FOR APPROVAL OF A FINAL PLAT FOR A MAJOR
SUBDIVISION; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
8
Regular City Council Meeting Minutes
September 13, 1989
Page Nine
DATE. (2nd Draft)
The City Manager read Resolution No. R-89-44 by title
only.
The Director of Community Development said the legal
description had been corrected since this last
appeared on the agenda. He noted the letter from
Fowler dated August 31, 1989.
MOTION by McCarthy/Rondeau
I move we adopt Resolution No. R-89-44 as read by
the City Manager by title only.
ROLL CALL:
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
MOTION CARRIED 5-0.
12. NEW BUSINESS
89.151
RESOLUTION NO. R-89-52 - CWA Contract Ratification
(City Manager Recommendation dated 9/7/89)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RATIFYING AMENDMENTS TO THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF
SEBASTIAN AND THE COMMUNICATION WORKERS OF AMERICA,
FOR THE PERIOD FROM OCTOBER 1, 1989 THROUGH AND
INCLUDING SEPTEMBER 30, 1990; PROVIDING AN EFFECTIVE
DATE.
The City ManaGer read Resolution No. R-89-52 by title
only and recommended its approval.
MOTION by Rondeau/Oberbeck
I move we adopt Resolution No. R-89-52 as read by
the City Manager by title only.
ROLL CALL:
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
MOTION CARRIED 5-0.
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Regular City Council Meeting Minutes
September 13, 1989
Page Eleven
workshop for Council input.
B. Councilman McCollum
Upon question by Councilman McCollum regarding the
acceptance of streets in units 16 and 17, the City
Manager said he was to meet with GDC on September 20,
1989 at which time he would address this matter.
C. Councilman Oberbeck
Councilman Oberbeck asked that the City Manager
address the Wentworth Avenue drainage problem at his
meeting with GDC; urged that the sewer problem at
Riverview Park be expedited as soon as possible;
questioned the waiver of bid for engineering
consultants for Main Street realignment to which the
City Manager responded it was waived because of the
price and because of the firm's experience surveying
St. Sebastian PUD tracts; questioned whether blue
laws regarding working on weekends can be enforced to
which the City Attorney responded that blue laws may
not be enforcable; questioned the City Attorney's
firm's involvement with a company brought before
the Construction Board to which the City Attorney
responded that a member of his firm is corporate
counsel to the company and that at this time the
matter is at this time only being pursued through the
Department of Professional Regulation.
D. Councilman Rondeau
None.
15. CITY ATTORNEY MATTERS
Attorney Nash advised that he would be out of town
for the September 27, 1989 Regular meeting and that
Attorney Torpy would attend the meeting.
16. CITY MANAGER MATTERS
None.
MOTION by Oberbeck/McCarthy
I move we adjourn the meeting.
VOICE VOTE on the motion carried 5-0.
17. Mayor Votapka adjourned the meeting at 9:25 p.m.
11
Richard B. Votapka, Mayor
Clerk
12