HomeMy WebLinkAbout10051988City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
MINUTES
SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
WEDNESDAY, OCTOBER 5, 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.
Mayor Votapka called the meeting to order at 7:00
P.M.
2. The Building Official led the Pledge of Allegiance.
ROLL CALL
Present:
Councilman George Metcalf
Councilman Robert McCarthy
Councilman Kenneth Roth
Vice Mayor Peter Vallone
Mayor Richard Votapka
Also Present:
City Manager, Robert McClary
Assistant City Attorney, Paul Kreuzkamp
4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Vice Mayor Vallone removed item 88.154 (9)(A)(2) "Criteria
for Evaluation of Police Chief and Other Department
Heads"
The City Manager removed item 88.147 (12)(A) "Request for
Handicap Equipped Portalets at Yacht Club", at the request
of Parks and Recreation Chairman Nathan McCollum, who was
unable to attend this meeting.
Councilman Roth requested that Vice Mayor Vallone remove
item 88.153 (9)(A)(1) "Letter from Theresa Hardy", since,
in his opinion, this was an administrative matter.
Vice Mayor Vallone said he wished to discuss the item and
did not remove it.
5. ANNOUNCEMENTS
None.
6. PUBLIC INPUT
Dr. Beller spoke on two recent newspaper articles
regarding: 1) recent FHA approval for Sebastian brought
about by a concerned citizen, 2) discussion among Mayor
Votapka, Vice Mayor Vallone, Vero Beach City Manager,
John Little, and County Commissioner, Richard Bird
regarding intergovernmental agreements. He also said, in
his opinion, the Police Department needs a Citizens
Review Committee.
J.W. Thompson, 125 Main Street, spoke on item 88.119
Policy on Board Appoinments. He said, in his opinion,
this policy should not cover boards currently established
by the Code of Ordinances and that Council should not
determine excused absences for committee members as
stated at the end of page three of Mayor Votapka's memo.
Mayor Votapka responded that the word "Council" in that
section should read "Chairman".
Steve Lulich, representing the Italian/American Club,
handed out maps showing the proposed location on the west
side of the airport as suggested by city staff for the
Club and urged Council to approve this site.
Donato DiRobertis, 550 SW Michael Street, spoke on item
88.150 "Rural Sanitation - Request for Name Change and
Rate Increase" and recommended bidding out the franchise
for greater efficiency.
Jim Gallagher, stated that if the city is considering
leasing property at the airport for $400 per acre, his
firm would be interested in leasing property also.
Theresa Hardy requested the right to speak during item
88.153 "Letter from Theresa Hardy". Council concurred.
Henry Fischer said he would reserve the right to speak
during item 88.022 "Ordinance No. 0-88-27".
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88.150
88.063
7. WORKSHOP ITEMS
Rural Sanitation L Request for Name Change and
Rate Increase
Dan Kilburn and Peter Wright, Rural Sanitation, presented
their case for a name change to Treasure Coast Refuse,
Inc., and rate increase from $6.90 to $7.28. It was
established that the company had reduced their customer
rate to $4.25 per month on October 1, 1988, due to the
implementation of an annual billing of $31.50 from the
county to each County resident for the County landfill
which resulted in the company no longer paying a dumping
fee.
After suggestion by Vice Mayor Vallone, Councilman
Metcalf requested that the City Manager survey
alternatives for trash collection such as bidding.
The City Manager asked that this request not be injected
into the rate increase request from Rural Sanitation.
Mayor Votapka concurred.
Mayor Votapka instructed the City Clerk to advertise the
public hearing on the rate increase for October 26, 1988,
in accordance with the franchise agreement as read by the
City Manager.
B. Italian American Club Lease - Airport Property
The City Manager gave a brief history of the events
leading up to staff suggest/on for an alternative site for
the Italian/American Club on the west side of the
airport at a recommended amount of $400 per acre which is
fair market value. He said that tonight, the
Italian/American Club was requesting a positive consensus
of City Council so that they may begin the process of
pursuing this site and vacating the previous site on
Albatross Terrace. He went on to explain that the steps
involved in the process would be to rezone the currently
industrial zoning to public service, apply for
conditional use permit and site plan approval.
After a brief discussion on the moratorium on airport
leasing and input by Charles Pullara, Italian/American
Club, the Mayor instructed the City Clerk to poll Council
on whether to direct staff to cooperate with the Italian
American Club and to proceed in accordance with the
letter from the City Manager to Charles Pullara dated
September 8, 1988.
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88.022
Councilman McCarthy - aye
Councilman Metcalf - aye
Councilman Roth - aye
Vice Mayor Vallone - aye
Mayor Votapka - aye
Mayor Votapka called recess at 8:50 p.m. and reconvened
the meeting a% 9:00 p.m. All members present at recess
were present at recall.
Discussion - ORDINANCE NO. 0-88-27- (2nd Draft)
-- Sandmining
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING SECTION 20A-5.19, SAND
MINING: SPECIAL USE PERMIT REQUIRED, OF THE LAND
DEVELOPMENT CODE; CREATING A NEW SECTION 20A-5.19,
EXCAVATION AND FILL, PURPOSE: CREATING A NEW SECTION 20A-
5.20, DEFINITIONS; CREATING A NEW SECTION 20A-5.21,
PROHIBITED ACTIVITY WITH REGARD TO EXCAVATING OR MINING
REAL PROPERTY; CREATING A NEW SECTION 20A-5.22 PROVIDING
EXEMPTIONS FROM PERMITTING REQUIREMENTS RELATED TO
EXCAVATING OR MINING REAL PROPERTY; RESERVING SECTIONS
20A-5.23 THROUGH 20A-5.28 FOR FUTURE USE; CREATING A NEW
SECTION 20A-5.29, WATER MANAGEMENT STANDARDS; CREATING A
NEW SECTION 20A-5.30, PROMULGATING MINING PERMIT
REGULATIONS; RESERVING SECTIONS 20A-5.31 THROUGH 20A-5.34
FOR FUTURE USE; CREATING A NEW SECTION 20A-5.35 REGARDING
THE USE OF PUBLIC AND PRIVATE ROADS IN CONJUNCTION WITH
EXCAVATING, OR MINING OF REAL PROPERTY; CREATING A NEW
SECTION 20A-5.36, PROMULGATING STANDARDS FOR THE DURATION
AND COMPLETION OF PERMITS; CREATING A NEW SECTION 20A-
5.37, PROVIDING A PROCEDURE FOR INSPECTION AND REVOCATION
OF PERMITS; RESERVING SECTIONS 20A-5.38 THROUGH 20A-5.42
FOR FUTURE USE, CREATING A NEW SECTION 20A-5.43, PROVIDING
FOR MINING PERMIT FEES; CREATING A NEW SECTION 20A-5.44,
PROVIDING A PROCEDURE FOR APPEALS; CREATING A NEW SECTION
20A-5.45, ESTABLISHING VIOLATIONS AND PENALTIES; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (lst
Draft - discussion 9/21/88 special meeting, 2nd Draft -
discussion 10/5/88 workshop)
During a brief discussion on the ordinance, the following
changes were made to the revised second draft: (1) Page
4, item (j), the words "filled" and "fill" were deleted;
(2) Page 6, item (i)(8) was deleted in entirety;
(3) Page 6, item (i)(4) "Pond depth" was changed
to "Average water depth in the pond"; Page 10, (4) the
word "seal" was changed to "sea"; Page 14 (a) the words
"application" were changed to "applicant".
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88.119
Henry Fischer said for the record that the twelve foot
pond depth and twenty five foot mining elevation were
arbitrary figures. He said the depth below sea level
before salt water intrusion occurred during wet mining
would have to be 540 feet and that the Sand Ridge is not
the primary recharge area for the shallow aquifer.
First reading for Ordinance No. 0-88-27 as amended was
scheduled for October 26, 1988.
Councilman McCarthy questioned whether the city was
discriminating by being too stringent on the city's own
sandmining operations where hauling requirements are
concerned and not requiring the same for outside haulers.
The Assistant City Attorney responded that load weight
limits may be imposed by the city and enforced by the
Police Department and that certain State Statutes cover
hauling requirements. He suggested that the city wait
until it hires a City Engineer to set load limits.
8. MAYOR'S MATTERS
Presentation - Suggested Policy re: ~ity
Volunteer Boards, Committees· and Commissions
Mayor Votapka requested that Council look over his memo
dated September 26, 1988 regarding recommended policies
on board appointments and schedule further discussion
for the November workshop.
Councilman Roth pointed out that Code Enforcement Board
policies were set out in FS Chapter 162.
The Assistant City Attorney suggested that item #20 in
the Mayor's memo have added to it "involving moral
turpitude" after the word "misdemeanor"
Mayor Votapka suggested that to item #3 be added "or city
ordinance" after the word "Statute" and the sentence
"The remaining members should reside in Indian River
County" be added after the sentence ending with the word
"residents."
Mayor Votapka added a number eight to page four as
follows: "Failure to file a financial disclosure form as
required."
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88.153
9. COUNCIL MATTERS
A. Vice Mayor Vallone
1. Letter from Theresa Hardy
Vice Mayor Vallone said he had brought this item to
the agenda due to receipt of letters from two
employees, who had recently left the City Clerk's
office, expressing dissatisfaction with the way the
office was being run. He said he wished to clear the
air, determine whether their claims were justified
and set up an evaluation of the City Clerk's office
regarding employee relations and responsibility to
the community.
Mayor Votapka suggested that if Vice Mayor Vallone
was planning to attend the Florida League of Cities
convention coming up he may inquire of them if they
do such an evaluation. He went on to say that this
was not the proper forum for a personnel grievance
and that this should have been done through the union
representative and City Manager. He praised the City
Clerk for her performance thus far.
Councilman McCarthy said he had suggested to Ms.
Hardy that she go through the union and that this
Council may be going against the union contract by
discussing this now.
Vice Mayor Vallone said he would look into a Florida
League of Cities evaluation.
Theresa Hardy said she had written to Council as a
last resort when she received no satisfaction from
the City Clerk, City Manager or the union. She then
read a statement regarding, in her opinion, an
inefficient city government centered on special
interests.
B. Councilman Roth
Councilman Roth recommended looking into the lease of
eighty acres of airport property at $400 per acre to
the Indian River County School board for the North
County High School. He requested that the City
Manager contact the County tax office to find out how
much the city receives in ad valorem taxes for
airport industries.
88.155
88.156
88.056
10.
11.
C. Councilman McCarthy
Councilman McCarthy read Section 3.02 of the Charter
and questioned why the Council no longer appointed
police officers as it did previously.
Time ran out on the meeting and Councilman McCarthy
said he would continue this discussion at the next
meeting.
MOTION by Metcalf/Vallone
I move we adjourn the meeting.
VOICE VOTE on the motion carried 5-0.
The following items were not addressed at the
meeting and will be carried over to the October 12,
1988, Regular meeting for discussion only.
D. Councilman Metcalf
1. Request for Legal Opinion re: Airport Moratorium
2. Charter Revision Needs - Discussion
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
A. DiSCUSSiOn - ORDINANCE NO. O-88-17 - (2nd Draft)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO OFF-STREET PARKING AND
LOADING REQUIREMENTS, AMENDING THE LAND DEVELOPMENT CODE
OF THE CITY OF SEBASTIAN; AMENDING PARAGRAPH 13 OF SECTION
20A-8.2 CONCERNING MEDICAL OFFICES; AMENDING PARAGRAPH 15
OF SECTION 20A-8.2; CONCERNING RESTAURANTS AND LOUNGES;
AMENDING PARAGRAPH 17 OF SECTION 20A-8.2, CONCERNING
MANUFACTURING AND WHOLESALE USES; AMENDING PARAGRAPH 19 OF
SECTION 20A-8.2, CONCERNING MARINAS; CREATING A NEW
PARAGRAPH 29 OF SECTION 29 OF SECTION 20A-8.2, CONCERNING
WAREHOUSING USES; AMENDING PARAGRAPH 6 OF SECTION 20A-8.3,
CONCERNING LOCATION OF OFF-STREET PARKING SPACES; AMENDING
SUBSECTION A OF SECTION 20A-8.5, CONCERNING STALLS,
AISLES, AND DRIVEWAYS; AMENDING SUBSECTION B OF
SECTION 20A-8.5, CONCERNING ENTRIES, EXITS, DRIVES
AND VEHICLE MANEUVERING AREAS; 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 FOR AN EFFECTIVE
DATE. (lst Reading 1st Draft 3/23/88, Advertised
6/8/88, Public Hearing 6/8/88, Deferred to City
7
Attorney, Discussion 2nd Draft 10/5/88)
Request Special Meeting - 11/16/88 - Public
Hearing Annexations, Rezonings & Land Use
Changes
APPROVED AT THE OCTOBER 12, 1988, REGULAR CITY COUNCIL
MEETING.
M. O'HALLORAN
RK
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