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POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, OCTOBER 11, 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 7:04
p.m.
2. Councilman McCollum led the Pledge of Allegiance.
3. Invocation was given by Reverend John Hill, Sebastian
United Methodist Church.
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
City Attorney, Charles Nash
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 Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting Minutes
October 11, 1989
Page Two
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
MOTION by Oberbeck/McCollum
I move we add to the agenda under public input
non-agenda items, a request by Mrs. Peg Rondeau to
speak on the north county library.
VOICE VOTE on the motion carried 5-0.
MOTION by McCarth¥/Oberbeck
I move we add to the agenda under proclamations/
announcements, proclamations for Red Ribbon Week and
Fire Prevention Week.
VOICE VOTE on the motion carried 5-0.
6. CONSENT AGENDA
89.181
A. Approval of Minutes - 9/27/89 Regular Meeting
B. Request for Community Center - Finch Wedding -
11/18/89 - 2:00 P.M. to 6:00 P.M. - A/B - D.O.B.
8/22/62 - Security Paid
88.193
89.182
Ratify Letter of Understanding and Statement of
Intent for Police Department Station Site dated
9/28/89 (City Manager Recommendation dated
10/5/89, City Manager Letter dated 9/28/89)
Christ the King Lutheran Church - Fall Festival -
Request to Sell Goods in Riverview Park (Staff
Recommendation dated 10/3/89, Letter from K.
Bruns dated 9/27/89)
89.183
E. RESOLUTION NO. R-89-58 - Abandonment of Easement
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE EASEMENT OF THE
SOUTH FIVE FEET OF LOT 8 AND THE NORTH FIVE FEET
OF LOT 9, BLOCK 123, UNIT 4, SEBASTIAN
HIGHLANDS, ACCORDING TO THE PLAT THEREOF,RECORDED
IN PBI 5/100, 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
October 11, 1989
Page Three
89.184 F.
Finance Department Request to Waive Bid Procedure
for Purchase of Mira 2285 Duplex System Copier
from E.G.P., Inc. - $8,995 (Staff Recommendation
dated 10/5/89, Memo from Finance Director dated
10/2/89, Letter from EGP)
89.185 G.
Bid Award - Public Works - General Purpose
Tractor and Boom Type Mower - Berggren Equipment
Co., Inc. - 838,795 (Staff Recommendation
dated 10/5/89, Memo from City Engineer/PW
Director dated 10/4/89, Bid Tabulation Form)
Councilman Oberbeck removed item 89.194 (F) for
clarification; Mayor Votapka removed item (A) for
correction.
MOTION by McCarthy/McCollum
I move we approve Consent Agenda items B, C, D,
E and G.
ROLL CALL:
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
MOTION CARRIED 5-0.
Mayor Votapka amended the 9/27/89 minutes as follows:
page 3, item 89.173, strike "computers" in the two
paragraphs after the vote and add the words "computer
terminals".
Discussion followed on the process for appointment of
an Assistant City Attorney.
MOTION by McCollum/McCarthy
I move we approve the 9/27/89 Regular Meeting
minutes as amended.
VOICE VOTE on the motion carried 5-0.
Councilman Oberbeck questioned whether the
maintenance cost for the requested Finance Department
copier would have to be added to the total cost. The
Finance Director replied that maintenance was a
separate account.
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Regular City Council Meeting Minutes
October 11, 1989
Page Four
MOTION by Oberbeck/McCollum
I move we approve the waiver of bid procedure for
purchase of a Mita 2285 Duplex System Copier from
E.G.P., Inc., in the amount of 88,995.00.
ROLL CALL:
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
MOTION CARRIED 5-0.
7. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Presentation of Plaque - Sgt. Eugene Ewert -
Employee of the Quarter - July, August, September
1989
Mayor Votapka presented Sgt. Eugene Ewert with a
plaque for Employee of the Quarter.
Proclamation - Pilot-NVOILA Awareness Day -
9/30/89
Mayor Votapka read and presented a proclamation for
Pilot-NVOILA Awareness Day to Marilyn Waldis.
Proclamation - Fire Prevention Week - 10/9 -
10/14/89
Mayor Votapka read and presented a proclamation for
Fire Prevention Week to Nathan McCollum.
D. Proclamation - Red Ribbon Week 10/22 - 10/29/89
Mayor Votapka read and presented a proclamation for
Red Ribbon Week to John Dobis.
8. PUBLIC HEARING, FINAL ACTION
None.
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Regular City Council Meeting Minutes
October 11, 1989
Page Five
10.
11.
89.170
9. PUBLIC INPUT
A. Non-Agenda Items
Mayor Votapka opened public input at 7:25 p.m.
Mrs. Peg Rondeau presented a new architectural drawing
and gave a progress update on the north county
library.
B. Agenda Items
Thomas Wojokowski, 425 Peterson Street, Sebastian,
recommended reducing member cart fees and membership
fees, and finishing the cart path at the Golf Course.
Donato DeRobertis, 550 SW Michael Street, Sebastian,
read a prepared statement and recommended against
raising fees at the Golf Course.
Arthur Williams, 637 Bay Harbor, recommended reducing
single membership fees at the Golf Course.
C.J. Burke, 9605 Mockingbird Lane, recommended
reduction of rates at Golf Course.
Mayor Votapka closed public input at 8:10 p.m.
COMMITTEE REPORTS/RECOMMENDATIONS
No reports given.
Councilman Oberbeck was excused 8:10 p.m. to 8:11 p.m.
OLD BUSINESS
RESOLUTION NO. R-89-54 - Golf Course Rates and
Membership Fees - 3rd Draft (As Amended at
9/27/89 Public Hearing)
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.
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ReGular City Council Meeting Minutes
October 11, 1989
Page Six
Attorney Nash read Resolution No. R-89-54 by title
only.
Councilman Rondeau was excused 8:14 p.m. to 8:16 p.m.
FollowinG a lengthy discussion changes were made as
follows: page 2, 1/15/90 - 4/14/90 "Flag" rates
deleted; page 3, 4/15/90 - 11/14/90 "Member Carts"
reduced to "$6.00"; page 4, Single Resident rate
reduced to $550 affecting tax and total; Single Non-
Resident rate reduced to $650 affectinG tax and
total.
MOTION by McCollum/McCarthy
I move we adopt Resolution No. R-89-54 as read by
the City Attorney by title only.
MOTION by McCollum
I move we amend Resolution No. R-89-54 as
recommended.
At this point of the meetinG there was power failure
and Mayor Votapka called recess from 8:30 p.m. to
8:45 p.m. All members present at recess were present
at recall.
The motion to amend Resolution No. R-89-54 was at
this time seconded by Vice Mayor McCarthy.
ROLL CALL:(amendment)
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
MOTION CARRIED 5-0.
ROLL CALL:(main motion)
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
MOTION CARRIED 5-0.
88.193
Stottler StaGG - Roy Cowell (City Manager Memo
dated 9/13/89)
Roy Cowell, Stottler, StagG and Associates, addressed
Council regardinG their concerns with the contract
for the police facility.
Regular City Council Meeting Minutes
October 11, 1989
Page Seven
MOTION by McCarthy/McCollum
I move we accept Option B, regarding the Stottler
Stagg contract for the police facility, as presented
in the City Manager's memo dated 9/13/89 (see
attached)
ROLL CALL:
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
MOTION CARRIED 5-0.
Mayor Votapka requested that the City Manager proceed
along these lines and come back to Council with a
suggested lump sum amount and time frame for the
project.
89.051
Appointment of Two Members to Board of Trustees -
Police Pension Plan - (deferred from 9/27/89
Regular Meeting)(City Manager Recommendation
dated 9/21/89)
MOTION by Oberbeck/McCollum
I move we appoint City Finance Director, Carol
Carswell, and Gregory J. Gore, Esq. to the Board of
Trustees for the Police Pension Fund for two year
terms. Gore appointment contingent on application
review by Police Department.
ROLL CALL:
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
MOTION CARRIED 5-0.
12. NEW BUSINESS
89.186
Main Street Realignment - Engage Engineer to
Prepare Plat and Legal Description (Staff
Recommendation dated 10/5/89, Letter from
Masteller, Moler & Reed dated 8/22/89, Letter
from City Engineer dated 9/9/89, Letter from
Masteller, Moler & Reed dated 10/2/89
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Regular City Council Meeting Minutes
October 11, 1989
Page Eight
MOTION by Oberbeck/Rondeau
I move we engage Masteller, Moler and Reed, Inc.
for preparation of plat and legal description for
Main Street realignment as outlined in their letter
of August 22, 1989 for a fee of S2,620 and as
requested by the City Engineer.
ROLL CALL:
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
MOTION CARRIED 5-0.
13. MAYOR'S MATTERS
89.188
Mayor Votapka questioned the City Attorney's lack of
response to questions of press regarding the McCarthy
recall. Attorney Nash said if Council feels it is
important he would gladly talk to the press at his
hourly rate.
MOTION by Oberbeck/McCollum
I move we authorize Attorney Nash to bill for
press time.
14.
ROLL CALL:
Councilman Oberbeck - aye
Councilman Rondeau - nay
Mayor Votapka - aye
Vice Mayor McCarthy - aye
Councilman McCollum - aye
MOTION CARRIED 4-1 (Rondeau - nay)
COUNCIL MATTERS
A. Vice Mayor McCarthy
None.
B. Councilman McCollum
None.
Regular City Council Meeting Minutes
October 11, 1989
Page Nine
C. Councilman Oberbeck
Councilman Oberbeck presented a proposed resolution
from Nation Cities Weekly setting December 3 - 9,
1989 as Fight Back Against Drugs Week to the Mayor
and requested that it be brought before Council for
adoption. Mayor Votapka said he would look at it.
D. Councilman Rondeau
89.073
1. Hire Full-Time City Attorney (No Backup)
Councilman Rondeau said he would address this at a
later date since he had received final figures for
billing for the City Attorney this evening.
15. CITY MANAGER MATTERS
Councilman Oberbeck was excused 10:00 p.m. to 10:02 p.m.
89.017
Report on 10/10/89 Meeting with County Sheriff
and Chief of Police Re: Voluntary Cooperation
Agreement (Verbal - No Backup)
It was decided that Attorney Nash would meet with the
FDLE Attorney, Jack Fenwick, review the standard
agreement used by other law enforcement agencies in
the state, and report back to Council at a later
date.
89.156
Report on Building Department as Enterprise Fund
(City Manager Recommendation dated 9/20/89, City
Manager Memo dated 9/20/89)(Deferred from 9/27/89
Meeting)
The City Manager stated that the auditors have
reported that they have found no evidence of non-
compliance in previous audits and it was decided not
to request an additional audit of the Building
Department or consider the establishment of the
Building Department as an enterprise fund.
87.084
89.190
City Manager Contract Renewal Calendar Year 1991
City Manager Recommendation dated 10/5/89)
Discussion took place on the process for evaluation
of the City Manager. It was decided that each
Councilman would evaluate the City Manager in his own
way and that this item be placed on the November 22,
1989 agenda.
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Regular City Council Meeting Minutes
October 11, 1989
Page Ten
Councilman McCollum said, for the record, he will
vote to extend the City Manager's contract for the
calendar year 1991.
89.187
Report on FOP Collective Bargaining Agreement
(City Manager Recommendation dated 10/5/89, City
Manager Memo dated 10/5/89, Letters from Salerno
dated 10/3/89 & 9/29/89, Proposed Amendment)
The City Manager reported on the current status of
the FOP Agreement and stated that negotiations will
begin on October 18, 1989.
MOTION by McCollum/McCarthy
I move we extend the meeting ten minutes.
VOICE VOTE on the motion carried 5-0.
16. CITY ATTORNEY MATTERS
89.107
ORDINANCE NO. O-89-18 - Manufactured Homes in RM-H
and RM-H PUD Districts - Discussion - Set 1st
Reading
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, REGARDING MOBILE HOMES AND
MANUFACTURED HOMES; AMENDING SECTION 20A-3.7 OF
THE LAND DEVELOPMENT CODE TO INCLUDE RESIDENTIAL
MANUFACTURED HOMES AS PERMITTED USES IN R-MH
MOBILE HOME DISTRICTS; AMENDING THE POLICY AND
DEFINITIONS IN SAID SECTION; INCREASING THE
MINIMUM LIVING AREA IN A R-MH MOBILE HOME
DISTRICT FROM 500 SQUARE FEET TO 900 SQUARE FEET;
AMENDING SECTION 20A-4.8 OF THE LAND DEVELOPMENT
CODE TO ADD RESIDENTIAL DESIGN MANUFACTURED HOMES
AS PERMITTED STRUCTURES IN THE PUD(MH) MOBILE
HOME PLANNED UNIT DEVELOPMENT DISTRICT; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN
THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN; PROVIDING FOR SEVERABILiTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
By Council consensus Ordinance No. O-89-18 was
scheduled for first reading on October 25, 1989 and
public hearing on November 22, 1989.
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