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Home My WebLink About09271989City 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 27, 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 7:07 p.m. 2. Vice Mayor McCarthy led the Pledge of Allegiance. 3. No invocation was given since Reverend Donald Swope was absent from the meeting. 4. ROLL CALL Present: Vice Mayor Robert McCarthy Councilman Lloyd Rondeau Councilman Frank Oberbeck Councilman Robert McCollum Mayor Richard Votapka Also Present: City Manager, Robert McClary Acting City Attorney, Vincent Torpy Director of Community Development, Bruce Cooper Finance Director, Carol Carswell Chief of Police, Charles Reynolds Golf Course Manager, William Vincent City Engineer, David Fisher City Planner, Peter Jones Golf Course Superintendent, Chris McCarthy City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting Minutes September 27, 1989 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Vice Mayor McCarthy said he would motion to move item (13)(D) up on the agenda if time was running out. Council concurred. MOTION by Oberbeck/McCollum I move we add a new item (13)(E) "Request of City Manager to Cancel the October 4, 1989 Workshop" and defer item (15)(D) 89.073 "Consider Hiring Full-Time City Attorney" at the request of Councilman Rondeau until such time as Attorney Nash is present. in response to Vice Mayor McCarthy, the City Manager said there were no agenda items for October 4, 1989. VOICE VOTE on the motion carried 5-0. Harry Beller, who had signed the public input sheet to speak during deferred item (15)(D) was offered the privilege of speaking to that item under public input. He concurred. 6. CONSENT AGENDA Approval of Minutes - 9/13/89 Regular Meeting, 9/20/89 Special Meeting 89.119 Police Department - Recommend Waiver of Bid Procedure to Purchase Three Additional Computer Terminals from FasCorp - Not to Exceed $2,500.00 from Forfeiture Funds (Staff Recommendation dated 9/15/89, Memo from Police Chief dated 9/13/89) 89.171 Golf Course - Award Bid - Rye Grass Seed - 5000 Lbs. - Terra International, Inc. of Ft. Pierce - $4,750.00 (Staff Recommendation dated 9/11/89 w/ Bid Tabulation) 89.172 Da Resolution No. R-89-57 - Unlimited Time Status - Addition of City Planner and Deputy City Clerk (City Manager Recommendation dated 9/21/89) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION II OF PART V OF THE STANDARD OPERATING PROCEDURES BY ADDING THE TITLES OF CITY PLANNER AND DEPUTY CITY CLERK; REPEALING RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 2 Regular City Council Meeting Minutes September 27, 1989 Page Three 89.173 E. Request of Sebastian Highlands Property Owners Association - Use of City Council Chambers on 11/6/89 (City Manager Recommendation dated 9/21/89, Letter from Schum dated 9/21/89) Vice Mayor McCarthy removed item (B) 89.119 for discussion. MOTION by Rondeau/McCollum I move we approve Consent Agenda items A, C, D and E. ROLL CALL: Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye MOTION CARRIED 5-0. Vice Mayor McCarthy suggested that the purchase of computers terminals for the police department go to bid unless the record shows that the City Manager and Chief of Police state FasCorp is the sole source. Chief Reynolds said these computers terminals are compatible with current hardware and software and that he had sought out the vendor to extend current capabilities. He said to seek out something similar would be difficult if not impossible and would likely cost more money. The City Manager said he had no first hand knowledge of the system and that the item could be deferred and advertised for bid. MOTION by McCarthy I move we accept the recommendation to waive the bid for purchase of three additional computer terminals from FasCorp as long as the record shows that the City Manager and Chief Police are aware this is a sole source. The City Clerk suggested that the City Manager and Chief of Police recommendations be added to the minutes. The City Manager said he could not state this was a sole source. Vice Mayor McCarthy withdrew his motion. * Amended 10/11/89 Regular Council Meeting 3 Regular City Council Meeting Minutes September 27, 1989 Page Four MOTION by Oberbeck/McCollum I move we approve the request to waive the bid for purchase of three additional computer terminals from FasCorp with funds not to exceed $2500 from forfeiture funds as written. ROLL CALL: Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - nay Councilman McCollum - aye MOTION CARRIED 4-1 (McCarthy - nay) 7. PROCLAMATIONS AND/OR ANNOUNCEMENTS None. 8. PUBLIC HEARING, FINAL ACTION 89.170 RESOLUTION NO. R-89-54 - Golf Course Rates & Membership Fees (2nd Draft) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO GREENS FEES AND GOLF CART FEES AT THE MUNICIPAL GOLF COURSE; PROMULGATING A NEW SCHEDULE OF GREENS FEES AND GOLF CART FEES; PROMULGATING A NEW SCHEDULE OF ANNUAL MEMBERSHIP FEES; AUTHORIZING THE GOLF COURSE MANAGER TO MAKE ADJUSTMENTS TO THE HOURS AND CONDITIONS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Attorney Torpy read Resolution No. R-89-54 by title only. Mayor Votapka opened the public hearing at 7:24 p.m. The City Manager noted changes made to the resolution this day by the Golf Course Manager. John Van Antwerp, 299 Airport Drive East, Sebastian, said the proposed resolution should have been posted at the golf course, objected to the FLAG program as proposed as a year round program, recommended that the ratio in rates between family and single remain the same. Mayor Votapka closed the public hearing at 7:40 p.m. 4 Regular City Council Meeting Minutes September 27, 198 Page Five Discussion took place on deleting the FLAG program after December 31. Mayor Votapka suggested that approval be deferred and that the amended proposed resolution be posted at the golf course. The City Manager said that this public hearing had satisfied the requirement for a public hearing and that the resolution could be addressed by the public under public input at the next meeting. MOTION by McCarthy/Rondeau I move we table action on Resolution No. R-89-54 until the October 11, 1989 Regular Meeting. ROLL CALL: Councilman Rondeau - aye Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye MOTION CARRIED 5-0. 9. PUBLIC INPUT A. Non-Agenda Items 89.174 George Metcalf - Submittal of Proposed Ordinance Re: ~ive Year Cap--~tal Improvement Plan (Letter from Metcalf, Proposed Res61ution) Mayor Votapka opened public input at 7:55 p.m. George Metcalf, 425 Pine Street, Sebastian, presented a proposed resolution which would adopt a five year capital improvement program and requested Council to approve it subject to review by the City Attorney. This matter was referred to the City Manager who said he agreed with the concept and said it may not have to be done by ordinance but could be made part of the FY 1991 budget. B. Agenda items Harry Beller, 1010 Persian Lane, Sebastian, stated his views on hiring a City Attorney. George Reid, 202 DelMonte Road, Sebastian, supported the Chesser's Gap site for a police facility. 5 Regular City Council Meeting Minutes September 27, 1989 Page Six 10. Mayor Votapka closed public input at 8:08 p.m. PRESENTATIONS 89.175 A. Bill Rogers, Friends of the Sebastian River - CARL (Conservation and Recreation Lands) Pro~ram Bill Rogers, Friends of the Sebastian River, gave a video presentation and urged support from Council on acquisition of undeveloped land adjacent to the Sebastian River. 1. Resolution No. R-89-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ENCOURAGING THE FLORIDA STATE LAND ACQUISITION COMMITTEE TO RANK THE PURCHASE OF UNDEVELOPED LAND ALONG THE SEBASTIAN RIVER THROUGH THE CONSERVATION AND RECREATION LAND (CARL) PROGRAM AS A MAJOR CONCERN AND HIGH PRIORITY, PROVIDING FOR AN EFFECTIVE DATE. Attorney Torpy read Resolution No. R-89-56 by title only. MOTION by McCollum/McCarthy I move we adopt Resolution NO. R-89-56 as read by title only. ROLL CALL: Mayor Votapka - aye Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye MOTION CARRIED 5-0. 6 Regular City Council Meeting Minutes September 27, 1989 Page Seven 11. COMMITTEE REPORTS/RECOMMENDATIONS A. PARKS AND RECREATION COMMITTEE 89.176 1. 89.168 Approve Use of Riverview Park for Winter Wonderland Program - Sponsored by Sebastian Junior Women's Club--- Month__°f December (Cit~ Manager Recommendation dated 9/18/89, Memo from P & R dated 9/5/89, Recommendation from Jr. Women's Club) Jo Kelly, Sebastian Junior Women's Club, presented the request for use of Riverview Park for the month of December for a Winter Wonderland program. The City Engineer said he has requested that Public Works employees not be used to administer the program. Ms. Kelly responded that they would be needed only to set up platforms and bleachers. The Chief of Police said extra police officers would be required for an event of this magnitude. MOTION by McCarthy/Oberbeck I move we approve the request of the Parks and Recreation Committee for a Winter Wonderland program at Riverview Park for the month of December 1989 sponsored by the Sebastian Junior Women's Club. VOICE VOTE on the motion carried 5-0. Discuss Council Questions on Backup Materials as Addressed at 9/13/89 Council Meeting (Letter from Yraficante dated 9/15/89) Irene Traficante, Chairwoman, Parks and Recreation Committee, read a prepared statement (see attached) in response to statements by Council that the committee did not provide adequate backup information regarding requests for a handicap port-o-let at Hardee Park and funds for a full-time recreation coordinator at a previous Council meeting. George Schum, Parks and Recreation, questioned why the port-o-let had not yet been installed at Hardee Park. 7 Regular City Council Meeting Minutes September 27, 1989 Page Eight 89.177 89.024 12. Mayor Votapka called recess at 9:05 p.m. and reconvened the meeting at 9:17 p.m. Ail members present at recess were present at recall. B. CONSTRUCTION BOARD Accept Resignation - Tom Cheatham - HARV Contractor - Term Expiration 10/91 (Memo from Construction Board dated 9/15/89, Letter from Cheatham dated 8/23/89) MOTION by Oberbeck/McCollum I move we accept the resignation of Tom Cheatham as HARV Contractor position from the Construction Board with regret. VOICE VOTE on the motion carried 5-0. OLD BUSINESS Report on Indian River County Impact Fees (City Manager Recommendation dated 9/21/89, Memo from Cit~ Manager dated 9/21/89) The City Manager reiterated his recommended three options regarding County impact fees as stated in his memo to City Council dated September 21, 1989. Discussion followed on the options presented. MOTION by McCarthy/Oberbeck I move we instruct the City Manager to forward a proposal to Indian River County for an interlocal agreement regarding impact fees in accordance with alternative number one in the 9/21/89 memo with a change of "could voluntarily" to "shall share 50% of" and Council approval of a future increases. ROLL CALL: Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye MOTION CARRIED 5-0. Regular City Council Meeting Minutes September 2?, 1989 Page Nine 89.017 B. Progress Report on Voluntary Cooperation Agreement with indian River County Sheriff's Office (Memo from Chief dated 9/20/89) The City Manager said he had a meeting scheduled on October 10, 1989 with the Chief of Police and the Indian River County Sheriff regarding the voluntary cooperation agreement and would report back to Council at the October 11, 1989 Regular Meeting. 13. NEW BUSINESS 88.193 Ratify Letter of Understanding and Statement of Intent dated 9/15/89 - Police Station Site - Chesser ~ap (city Manager Recommendation dated 9/21/89, Letter from City Manager dated 9/15/89) The City Manager explained the proposal for a donated 2.1 acre site at Chesser's Gap for a police facility and said Vice Mayor McCarthy had additional information on possible modifications to the proposal that he may want to address. Vice Mayor McCarthy noted the changes requested by Sebastian General Partnership, BFT, as follows: September 15, 1989 letter page two "270.68 feet" should be changed to "300 feet"; extend the fifty foot right-of-way access into the southerly edge of the proposed police station site property line; and page two, number (3)(A) the property owner requests credit for building the extension of Fleming (Vocelle) to the southerly edge of the police station site if it must be done before the city starts development of the police station Discussion followed on the merits of this site as opposed to others cited by Stottler Stagg. MOTION by Rondeau/McCarthy I move we ratify the letter of understanding and statement of intent as reflected in the letter to Henry A. Fischer, DDS, Sebastian General Partnership, BFT, dated September 15, 1989 as amended at this meeting. 9 Regular City Council Meeting Minutes September 27, 1989 Page Ten ROLL CALL: Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - nay Councilman Rondeau - aye Mayor Votapka - nay MOTION CARRIED 3-2 (Oberbeck, Votapka - nay) MOTION by McCarthy/Rondeau I move we move item 89.003 "Appoint Special Legal Counsel Re: Writ of Mandamus" due to lateness of the hour. VOICE VOTE on the motion carried 5-0. 89.003 Appoint Special Legal Counsel Re: Writ of Mandamus - (City Manager Recommendation dated 9/21/89~ Memo from City Manager dated 9/22/89) MOTION by Oberbeck/McCollum I move we engage the services of Nicholas Tsamoutales as special legal counsel to represent the City of Sebastian in the Mandamus Action filed by Burr Snell. ROLL CALL: Mayor Votapka - aye Vice Mayor McCarthy - nay Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - nay 89.178 MOTION CARRIED 3-2 (McCarthy, Rondeau - nay) B. RESOLUTION NO. R-89-55 - ICMA Retirement Plan (Staff Recommendation dated 9/19/89) A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, PERTAINING TO PENSIONS, DESIGNATING EMPLOYEES ELIGIBLE FOR PARTICIPATION IN THE ICMA DEFERRED COMPENSATION PLAN, DESIGNATING THE PERCENTAGE OF THE EMPLOYEE'S SALARY TO BE PAID BY THE CITY AND THE REQUIRED MATCH THEREOF; SETTING FORTH EXCEPTION; PRECLUDING SUCH EMPLOYEES FROM RECEIVING AN EMPLOYER CONTRIBUTION TO ANY OTHER CITY SUPPORTED RETIREMENT PLAN. PERMITTING UNDESIGNATED EMPLOYEES TO PARTICIPATE IN THE ICMA DEFERRED COMPENSATION PLAN WITHOUT CITY CONTRIBUTION; PROVIDING FOR REPEAL OF RESOLUTION OR PARTS OF RESOLUTION IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 10 Regular City Council Meeting Minutes September 27, 1989 Page Eleven 89.051 14. Attorney Torp¥ read Resolution No. R-89-55 by title only. MOTION by Oberbeck/McCollum I move we adopt Resolution No. R-89-55 as read by the City Attorney by title only. ROLL CALL: Vice Mayor McCarthy - aye Councilman McCollum - aye Councilman Oberbeck - aye Councilman Rondeau - aye Mayor Votapka - aye MOTION CARRIED 5-0. Appoint Two Members for Board of Trustees - 185 Pension Plan - (City Manager Recommendation dated 9/21/89, Memo from Clerk dated 9/21/89) The City Manager recommended the Finance Director be a member of the board, stated there was only one application at this time and requested this item be deferred to the October 11, 1989 Regular Meeting. MOTION by Rondeau/Oberbeck I move we defer appointment of Board of Trustees members to the October 11, 1989 Regular Meeting. VOICE VOTE on the motion carried 5-0. Request of City Manager t__o Cancel October 4, 1989 Workshop MOTION by McCollum/Oberbeck I move we cancel the October 4, 1989 Workshop Meeting. VOICE VOTE on the motion carried 5-0. MAYOR'S MATTERS The City Engineer gave a brief report on the status of the proposed County sewer system adjacent to Riverview Park. 11 Regular City Council Meeting Minutes September 27, 1989 Page Twelve 15. COUNCIL MATTERS A. Vice Mayor McCarthy Vice Mayor McCarthy recommended going to bid on a system to replace the Clivus Multrum. B. Councilman McCollum Councilman McCollum reported on the Economic Development Council meeting, stating that Indian River Mall construction begins soon and read a prepared statement regarding the McCarthy recall petition. C. Councilman Oberbeck None. D. Councilman Rondeau 89.073 Consider Hiring Full-Time City Attorney (City Manager Recommendation dated 9/21/89, Memo from Finance Director dated 9/22/89) This item was previously deferred by request of Councilman Rondeau until Attorney Nash is present. 16. CITY ATTORNEY MATTERS None. 17. CITY MANAGER MATTERS Item (17)(C) was moved due to the presence of George Kulczycki, General Development Corporation. 89.019 Street and Drainage Improvements in Units 16 & 17 - Sebastian Highlands (City Manager Recommendation dated 9/20/89, Letter from City Manager to GDC dated 9/20/89) MOTION by McCarthy/McCollum I move we extend the meeting ten minutes to 10:40 p.m. VOICE VOTE on the motion carried 5-0. 12 THIS ,.....Ju~.,Cl:L, A% PREV COb~ClLS, V~HICH IS NEITHE.. ~ECESSA~, OR A.CCg~ATE vgLLL,~TEck:> TRYI:-,~;: TO HELP ~,t:t.O TO n~:, q/~ ,,,~ASEL ON LACK OF INFORmATiON, :~E~.P~,., DOES NOT F{~:i; IT NECESSARY TO SPECIFICALLY "NA~E ~HETAE~ IT ~E ~.ITY , ?:'AYO~, O~ A CCUNCIL~N AN~ HA~ CHOSE~ ~0 ~EFUTE OF ~CTiViIi[S ()~'" ~Oa~RA~,~ A~:~ THF:~F ......... :'~,~.S':~.~,]~y;:~:?m~ "?'"~b~L.L~' S/:~i~, ~:'' THEY'" . L~,~'~'~,~i~:?,;;~ . FACT: T~(IS COURCiU,~A~ ~"~' , ~, ~ iDEAS, PROGRA)iS A~ JO~ DE.~C..iP~J( ARE LISTED "; ...... ':' THE ~ t' '~'~ ~A~.~. VERY SADIE COUNCILMAN STATED, IN [~F.:RENCE TO ":~' "~' ,',~ ~Y.~FOUG;.~T UP AT THE S.A,~E ~EETIN~ AS 1TE~'C~ i ~AS AND THER~ RAS VERY LiT~L~ hlSCU:SSION AS TO ~HY O~ HO~ TO GO A~OUT IT C'O~ANIES, COSTS, ~TC, AN:~ THIS, ~'~tIT~ A DUPLICAT~ COPY OF PETITION ,..ITY ~ALL A.S ~ACKUD ~ATERIAL, " ~ ;' .0~ TO PAY FOR ~I~CUSSIO~ O~ THt.~ ITE?:, ": [J:'UDG~T IT~ ~<AS POI~T~ OUT AS TO H (':' ~?'": THE' PET . ~: iJUIH)4G COUNCIL DIS.CU$$101~ O~ [~A~OEE ~ rARK, ONE OF YO~ R~FER~O AVOIDED, ~AC~UP ~tA,, .,T~.~IAL':' ~¢A,~" ~ ~:,UPt. ICATED ~::~/~ AT C]~ J'~ALL F~O~ ,:~,~.~.>~., At~ ):,~'VI'SO~Y ~OA~'~ OF VOLU~TEEE~, AND ]1AS R~,FE~REu TO ~.~ ?~A~'~Y .... Tl~t:'~., ,~,~ AS A ::JEPT.,, ',,'~I~.H WE ARE ~OT, O~f~ ~.~ TIH,~:, ~:FFOr, T~, PA~TIAL COPIES ¢~F,.. TAP~r.~ .,~0~~'~,. . . ',.JTY ~:~ALL, IF ~4~¢~'~;T~,.,~,~..~. ETC.. " ~'~:~': ':' [ ;:. ~J~ O~i THESE