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Home My WebLink About09231987L. Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 589-5330 Kathryn M. O'Halloren City Clerk MINUTF~ SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 23, 1987 ~ 7.'00 P.M. CITY~QU~ C~A~ERS 1225 MAIN STREETJ SSBASIIAN, ~QRIDA 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. Mayor Harris called the meeting to order at 7:00 P.M. Councilman Mccarthy led the Pledge of Allegiance. Invocation was given by Reverend Thurman Rivers, Jr. Roseland United Methodist Church. ROLL CALL Present: Vice Mayor Kenneth Roth Councilman Robert McCarthy Councilman George Metcalf Councilman Peter Vallone Attorney Thomas C. Palmer Absent: Mayor L. Gene Harris (excused) MOTION CARRIED 5. PROCLAMATIONS AND/OR ANNOUNCEMENTS Vice Mayor Roth requested that the Pay Range Classification Resolution be placed on this agenda so that Public Hearing can be set for October 14, 1987. 1 87.205 Councilman McCarthy said he did not care to vote on something just placed before him. Councilman McCarthy also recommended that item Municipal Loan Program ~ One Million Dollar ~i~e of ~edit be removed from the agenda due to the absence of the Finance Director. It was decided to leave it on the agenda. PrO¢i~t~QB ~ ~P~OY~D of the Month ~ Gerald Davis ~ $~ptember 1987 Attorney Palmer read a proclamation, proclaiming Gerald Davis Employee of the Month for September 1987. Mayor Harris presented Mr. Davis with the proclamation and a plaque. Proclamation 2 ~upus Awareness ~o~t~ ~ 0~D~e~ 198~ Attorney Palmer read a proclamation, proclaiming October 1987 as Lupus Awareness Month. Mayor Harris presented Frances Badame with the proclamation. 6. BiD OPENING A. Bleacb~ers ~ Four Sets for Barber Street Attorney Palmer opened the four bids and read them as follows: Kent Schwartz ............... $2672.00 four tier $3280.00 five tier U.S. Games .................. $3757.68 five tier BSN Corp .................... $3705.00 Dominica Recreation ......... $2996.00 four tier $2928.00 four tier MOTION by Vallone/Metcalf I move we refer the bids for the bleachers to the Parks and Recreation Committee for review and recommendation to Council at the next meeting. 87.198 87.195 87.195 ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye MOTION CARRIED. B. Reroofing ~ All WalkwayB and Small North Building ~ City Hall Attorney Palmer opened the four bids and read them as follows: Carl Hideen ................ $5688.00 E & C Roofers .............. $5486.25 Oberbeck & Associates ...... $6277.50 Scanlon .................... $8878.00 MOTION by Metcalf/Vallone I move we refer the bids for the reroofing to staff for their review and recommendation to Council at the next meeting. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye MOTION CARRIED. C. 3/4 Ton Pickup Truc~ ~ Vghic~e M~Lirikenance Attorney Palmer opened the two bids and read them as follows: Sunrise Ford ................ $11,323.78 Don Reid Ford ............... $ 9,949.00 D. 1/2 Ton Pick~ Truc~ ~ vehic~ ~/ltenan~ Attorney Palmer opened the two bids and read them as follows: Don Reid Ford .............. $ 9,219.00 Sunrise Ford ............... $10,650.00 87.184 MOTION by Vallone/McCarthy I move we refer the 1/2 and 3/4 ton pickup truck bids to staff for their review and recommendation to Council at the next meeting. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye MOTION CARRIED. 7. PUBLIC HEARING A. RESOLUTION NO. R-87-57 A RESOLUTION GRANTING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO INDIAN RIVER YELLOW CAB, INC. Vice Mayor Roth opened 'the Public Hearing at 7:20 P.M. There being no input from the public, he closed the Public Hearing at 7:21 P.M. MOTION by Vallone/Metcalf I move we deny the request to grant certificate of public convenience and necessity to Indian River Yellow Cab, Inc. Attorney Palmer said reason for denial must be stated for the record. Councilman Vallone said his motion was based on improper insurance coverage, driving records and financial statements. Councilman McCarthy said the City does not need another taxi service. Vice Mayor Roth said permit should not be denied on that basis. Councilman McCarthy said he would not deny on that basis but agreed with Councilman Vallone. Dan Michael, Indian River Yellow Cab, said some of Chief Nappi's report was inaccurate. He said he had returned phone calls to Chief Nappi, he presented his current Indian River County and Vero Beach occupation licenses and his current insurance statement to Council. Vice Mayor Roth said for the record that the license renewals were dated September 21, 1987 and the insurance expires July 16, 1988. Mr. Michael asked that Indian River Yellow Cab be reviewed on its own merit and not be tied to Brevard Cab. Mr. Michael listed several dates that he states Indian River Yellow Cab had been called for pickups 4 in Sebastian by the Police Department dispatchers. Mr. Michael presented Council with a resolution presented to Brevard Yellow Cab from the City of Palm Bay for carrying 350 passengers for free during a shooting incident. Vice Mayor Roth explained that Chief Nappi was requested to check out the cab company, in the process checked out Brevard Yellow Cab and the report came back detrimental to the application. Attorney Palmer questioned address discrepancies. Mr. Michael said he had been given permission by the owner of 10425 U.S. Highway 1 to use the address. Chief Nappi said Detective Zeuch had been told by the owner that there were no other businesses but American Tile and Carpet using the address. Attorney Palmer asked Mr. Michael what reason was given for denial of permit in Melbourne. Mr. Michael said that no reason was given. He said he would supply Attorney Palmer with a transcript of the Melbourne meeting. Attorney Palmer stated that the record does not show sufficient reason for denial nor is market saturation a reason. He recommended a motion to amend the resolution to grant the permit for 90 to 120 days which would be automatically extended unless something material surfaces. Vice Mayor Roth suggested that Council follow the Attorney's recommendation and withdraw the original motion. Councilman Vallone said he had too many questions on the report from the Police Department. He said he would stand on the report, that the Chief did his job by reporting to the Council and would not grant the permit at this time. Councilman Metcalf concurred with Councilman Vallone. Councilman McCarthy said Mr. Michael had presented a good case to Council. He agreed with Attorney Palmer's recommendation. Vice Mayor Roth again advised that Council concur with Attorney Palmer's recommendation. ROLL CALL: Vice Mayor Roth - Nay Councilman McCarthy - Nay Councilman Metcalf - Aye Councilman Vallone - Aye Attorney Palmer stated this is a zero vote and must automatically go to the next meeting. Since this is a resolution it will go to the next regular meeting. 8. COMMI~TTEE REPORTS Vice Mayor Roth asked Councilman Vallone to present the new wall plaque listing Councilmembers' names which will hang in City Hall. 9. PUBLIC INPUT QN AGENDA ITEMS Vice Mayor Roth opened the Public Input at 8:10 P.M. Peg Rondeau stated that the Sebastian Library Lease Agreement had been settled in May 1987 in a letter to Commissioner Doug Scurlock from Mayor Harris. She said that it had been decided in August of 1985 that when the event occurred the City would convey the lease to the County by the Mayor's authority. Vice Mayor Roth said he had checked with Commissioner Scurlock and had been told the County is sending a letter of apology to the City. Vice Mayor Roth closed the Public Input at 8:15 P.M. 10. CONSENT AGENDA Model Home Conditional Use Permit Renewal - Edmisten Construction, Inc. - Lot 20, Block 229, Unit 6, Sebastian Highlands Resolution No. R-87-55 - Abandonment of Easement - Lots 14 & 15, Block 124, Unit 4, Sebastian Highlands Approval of Minutes - 8/26/87 Regular Meeting, 9/2/87 Workshop Meeting, 9/5/87 Budget Hearing, 9/9/87 Regular Meeting, 9/11/87 Budget Hearing MOTION by Vallone/McCarthy I move we approve Consent Agenda items, A. Model Home Conditional Use Permit Renewal - Edmisten Con- struction, Inc. - Lot 20, Block 229, Unit 6, Sebastian Highlands, B. Resolution No. R-87-55 - Abandonment of Easement - Lots 14 & 15, Block 124, Unit 4, Sebastian Highlands, C. Approval of Minutes - 8/26/87 Regular Meeting, 9/2/87 Workshop Meeting, 9/5/87 Budget Hearing, 9/9/87 Regular Meeting, 9/11/87 Budget Hearing. 6 87.126 87.043 87.158 ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye MOTION CARRIED. 11. OLD DU$!N~ Memo from Public Work~ L Q~i~tt Power ~ Automatic Transfer System for Emergg~c~ ~e~a~o~ vice Mayor Roth said the staff's recommendation is that the automatic transfer station is not a necessity item at this time. MOTION by Vallone/Metcalf I move we do not purchase the automatic transfer system for the generator based on recommendation of the Building Official. Based on recommendation of the Building Official it was decided to enter into a once a year maintenance agreement with Quiett Power. Vice Mayor Roth said he would send a letter of agreement. Memo f~om Engineering Dept. n ~eaw~ll at Riverview Park n Request for Transit Vice Mayor said he would handle this request for transit administratively. Ce Letter f~om Leila ~rown ~ Acceptance of $5000 Offer for Purchase of Property AdjaceRt to Barber Street Ballfield L ~Ot 7, ~oc~ ~ Unit 10 MOTION by Vallone/Metcalf I move we approve a line item transfer from Parks and Recreation to the Capital improvement account for purchase of Lot 7, Block 208, Unit 10, Sebastian Highlands in the amount of $5000. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye MOTION CARRIED. 87.183 87.220 ~r~ratio~ of i~ Base a~ ~ Co~ncilm~R Metcalf (No Backup) This item was postponed to the October 7, 1987, Workshop. 12. MAYOR'S MATTERS Vice Mayor Roth said the Historical Society is working with the Building Official and A1 Peltier for their Special Use Permit for a museum. Vice Mayor Roth said Department Heads would bring new job classifications to the October 7, 1987, Workshop. Vice Mayor Roth said he is working on the Special Assessment program with Department Heads and the City Attorney. Vice Mayor Roth said he had enjoyed his time in the City Hall and that it would do each Council member good to have to sit in the Mayor's Office. 13. COUNCIL MATTERS Councilman Metcalf requested that the memo from City Clerk re: Proposal from Municipal Code Corporation to Review City Codes to Bring up to State Statutes Standards be an October 7, 1987, agenda item. 14. CITY ATTORNEY MATTERS None. 15. NEW BU$~NESS A. GOLF COURSE l~ciu~t from Golf Course Superintendent tO !~! ~o Bid on Rye~egO ~rass MOTION by Vallone/Metcalf I move we approve the request from the Golf Course Superintendent to go to bid on Ryeseed Grass. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye MOTION CARRIED. 8 87.221 87.222 87.223 87.224 B. CONSTRUCTION BOARD Recommendation 2 Appointment of D~nnis Dernbach to Concerned Citizen Position MOTION by Vallone/McCarthy I move we approve the appointment of Dennis Dernbach to the Concerned Citizen position on the Construction Board with an term expiration date of October 88. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye MOTION CARRIED. PLANNING AND ZONING COMMISSION 1. Accep~ Resignation of Harold Eisenbarth MOTION by Vallone/McCarthy I move we accept the resignation of Harold Eisenbarth with regret and present him with a plaque. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye MOTION CARRIED. D. Assignment of Sebastian Library Lease Although it was stated that this item has already been taken care of in May 87 by Mayor Harris, at the recommendation of Attorney Palmer, Vice Mayor Roth said he would negotiate with the County to release the present library property to the City at their convenience when the North County Library comes to fruition. Request from DeindQrf and Associates of ~pgra£y ~a~lgr ~erm~ for Drs. ~igrrg~ from u.s. ~1 to C.R. 512 Councilman Vallone recommended that the transfer not be approved since the original approval for commercial use was wrong in his opinion. Vice Mayor Roth recommended that Council refer the matter to Planning and Zoning and after site plan on the new building is approved allow the trailer transfer to the 87.225 87.171 new site. Vice Mayor Roth said he had been told that the applicant does not have to vacate the property by October 1, 1987. The Building Official concurred with the recommendation to approve subject to the approved site plan. Councilman Vallone concurred with the recommendation since they are business people. Attorney Palmer recommended that the transfer be approved subject to site plan approval but that the original expiration date remain the same. MOTION by Vallone/McCarthy I move we grant the request for transfer of temporary trailer permit for Drs. Gutierrez from the current site on U.S. 1 to CR 512 subject to site plan approval with the stipulation that the expiration date originally given remains the same but the location changes. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye MOTION CARRIED. F. ~INF~E~ING/PUBLIC WORKS Request from Street Superintendent to Purchase Sigrks fo___~r ~ Repair - $960.20 MOTION by McCarthy/Metcalf I move we approve the request from the the Street Superintendent for purchase of signs for road repair for $960 firm. ROLL CALL: Vice Mayor Roth - Aye Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye MOTION CARRIED. G. ~INANCE/ADMINISTRATIO~ Municipal Loan Program _- Q~e Million Dollar ~ Qf ~redit Vice Mayor Roth stated there was no rush to approve this item. He said for the record that the minimum amount that can be borrowed is $250,000 and the credit line is $1,000,000 of which any portion over $250,000 can be 10 borrowed at 5 1/2% interest. He said the $3000 application fee has been returned. Vice Mayor Roth recommended keeping the line of credit open and suggested scheduling it for action even though it was voted down by a small percentage of the public. Councilman Vallone said that vote was the reason he would vote against the credit line. He said with creative financing the credit line was not needed. He said the City already maintained a good reserve. MOTION By Vallone/Metcalf I move we reject the approved credit line for One Million Dollars and put it to rest. Councilman McCarthy said that without backup he would like ~ this item postponed until there was a full Council. Attorney Palmer advised that there is no pressure on the Council to make an immediate decision. ROLL CALL: Vice Mayor Roth - Nay Councilman McCarthy - Nay Councilman Metcalf - Aye Councilman Vallone - Aye Attorney Palmer stated this is a zero vote and must automatically go to the next meeting. 16. Vice Mayor Roth adjourned the meeting at 9:10 P.M. Minutes were approved at meeting. City Cl~k the October 7, 1987 11