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Home My WebLink About10141987aL, Gene H-,rrls Mayor City of Sebastian POST OFFICE BOX 780127 El SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 589-5330 Kathryn M. O'Halloren City Clerk MINUTES SEBASTIAN CITY E~GUI~%R MEETING ~EDNE~¥x Q~QDE~ 14. 1987 : 7:0.0 CITY COLU~L 1225 MAIN STREET, SEBASTIANL F~ORIDA 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.y 1. Mayor Harris called the meeting to order at 7:00 P.M. 2. Attorney Palmer led the Pledge of Allegiance. 3. Invocation was given by Bishop Anthony Varano. 4. ROLL CALL Present: Councilman Robert McCarthy Councilman George Metcalf Councilman Peter Vallone Mayor L. Gene Harris Attorney Thomas Palmer Absent: Vice Mayor Kenneth Roth (excused) 5. PROCLAMATIONS AND/OR ANNQUNCEMENTS Mayor Harris announced the Grand Opening of Walmart on Tuesday, October 14 at 8:30 A.M. Mayor Harris removed item 87.194 (15) (F) Rescind Resolution No. R-87-54 since the resolution had not yet been prepared. Mayor Harris announced that he and Attorney Palmer would be out of town on October 15 and 16 for the Florida 1 87.220 87.192 League of Cities Convention. Presentation of Plaque to Harold Eisenbarth - Planning and Zoning Mr. Eisenbarth did not attend the meeting. Mayor Harris presented a plaque to J.W. Thompson and congratulated him for his service on the Planning and Zoning Commission. 6. BID QP~NIN~ A. Golf Cours~ ~ ~y~ ~$ass Seed Attorney Palmer opened the four bids and read them as follows: LESCO .............. $4250 Scotty's ........... $1380 Woodbury ........... $4200 Sunbelt ............ $4050 MOTION by Vallone/Metcalf I move we refer the bids for Ryegrass seed to staff for review and recommendation to City Council. VOICE VOTE carried unanimously. Councilman McCarthy recommended the Scotty's bid be looked into. 7. PUBLIC ~EARIN~, FINA~ AC~TIQ~ A. ORDINANCE NO., O-87-19 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION 20A-6.1(19) (a) AND ADDING A NEW SUB-PARAGRAPH (11) TO SECTION 20A-6.1(19) (b) OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE AND THEREBY ALLOWING MODEL HOMES AS A CONDITIONAL USE IN THE PLANNED UNIT DEVELOPMENT MOBILE HOME DISTRICT AND THE PLANNED UNIT DEVELOPMENT DISTRICT (PUD-R), AND ALLOWING MODIFICATIONS TO THE LOT LINE AND PARKING REQUIREMENTS IN THE MOBILE HOME DISTRICT AND THE PUD-MH DISTRICT FOR MOBILE HOMES IN CERTAIN CASES; PROVIDING AN EFFECTIVE DATE. (1ST READ 9/2/87, ADVERTISED 9/30/87, PH 10/14/87) Attorney Palmer read Ordinance No. O-87-19 by title only. Mayor Harris opened the Public Hearing at 7:05 P.M. and called for public input. 87.204 There being no input from the public, Mayor Harris closed the Public Hearing at 7:06 P.M. MOTION by Vallone/McCarthy i move we adopt 0-87-19 as read by the City Attorney, by title only. ROLL CALL: Councilman Metcalf - Aye Councilman Vallone - Aye Councilman McCarthy - Aye Mayor Harris - Aye MOTION CARRIED. B. ORDINANCE NQ. Q-87-~1 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ABANDONING THE EIGHTY FOOT RIGHT-OF-WAY OF HARRISON STREET FROM THE EASTERLY EDGE OF INDIAN RIVER BOULEVARD TO THE INDIAN RIVER; AND ABANDONING THE EIGHTY FOOT RIGHT-OF-WAY OF JEFFERSON STREET FROM THE EASTERLY RIGHT-OF-WAY OF INDIAN RIVER BOULEVARD TO THE INDIAN RIVER AND FROM THE WESTERLY EDGE OF INDIAN RIVER BOULEVARD WESTERLY EIGHTY-NINE AND EIGHT-TENTHS FEET TO THE SOUTHERLY PROJECTION OF THE WEST PROPERTY LINE OF LOT 15, BLOCK 9, EDGEWATER PARK SUBDIVISION; PROVIDING AN EFFECTIVE DATE. (1ST READ 9/2/87, ADVERTISED 9/23/87 & 9/30/87f PH 10/114/87) Attorney Palmer read Ordinance No. 0-87-21 by title only. Mayor Harris opened the Public Hearing at 7:08 P.M. and called for public input. There being no input from the public, Mayor Harris closed the Public Hearing at 7:09 P.M. MOTION by Vallone/Metcalf I move we adopt O-87-21 as read by the City Attorney by title only, contingent upon receipt of the deed of easement written by Florida Power and Light for recording with the Ordinance. Councilman Vallone questioned if there would be any future problems with sewer and water. Attorney Palmer said the City Clerk's office had been informed that the County had no desire to retain easements. He said, however, the ordinance would not be recorded until the Florida Power and Light easement was received from the applicant. 3 87.210 Rene Van de Voorde said the easement would be in City Hall the following morning. ROLL CALL: Councilman McCarthy - Aye Councilman Vallone - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. C. ORDINANCE NO. 0-87-22 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING PARAGRAPH B OF SECTION 20A-6.1 OF ARTICLE VI OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE AND THEREBY CODIFYING THE NOTICE REQUIREMENTS AS A PRE- CONDITION FOR APPROVAL OF ANY CONDITIONAL USE; PROVIDING AN EFFECTIVE DATE. (1ST READ 9/9/87, ADVERTISED 9/30/87, PH 10/14/87) Attorney Palmer read Ordinance No. 0-87-22 by title only. Mayor Harris opened the Public Hearing at 7:12 P.M. and called for public input. There being no input from the public, Mayor Harris closed the Public Hearing at 7:13 P.M. MOTION by Vallone/McCarthy I move we adopt 0-87-22 as read by the City Attorney by title only. ROLL CALL: Councilman Metcalf - Aye Councilman Vallone - Aye Councilman McCarthy - Aye Mayor Harris - Aye MOTION CARRIED. 8. COMFLI~TEE 1LE~QRTS None. 9. ~U~!~ !~PU~ ON AGENDA ITEMS Attorney Steven Lulich spoke on the request for certificate of public convenience and necessity for Indian Yellow Cab. Don Grainger, Sebastian Yellow Cab, objected to the approval of certificate of public convenience and necessity for Indian River Yellow Cab. Jim Ross, City Cab, Inc., objected to the approval of certificate of public convenience and necessity for Indian River Yellow Cab. Ed Breynaert, South Brevard Yellow Cab, objected to the approval of certificate of public convenience and necessity for Indian River Yellow Cab. He presented exhibits to City Council. Ken Vickers requested that item (ll)(B) Transfer of Ordinance - Jones Intercable to Falcon Cable TV be withdrawn from the agenda. 10. CONSENT AGENDA A. R-87-65 - Abandonment of Easement - Lot 18 & 19 Block 330, Unit 13, SH B. R-87-66 - Abandonment of Easement - Lot 2 & 3, Block 178, Unit 8, SH C. R-87-67 - Abandonment of Easement - Lot 10 & 11, Block 293, Unit 11, SH D. Request from Dr. Henry Fischer for Extension of Temporary Trailer Permit until February 1988 E. Model Home Conditional Use Permit Renewal - Burgoon Berger - Lot 16, Block 144, Unit 3, SH F. Model Home Conditional Use Permit Renewal - Ameron Homes - Lot 1, Block 218, Unit 8, SH G. Model Home Conditional Use Permit Renewal - Ameron Homes - Lot 2, Block 218, Unit 8, SH H. Request from Oyster Point for Community Center - 12/9/87 - Christmas Party - Alcoholic Beverage I. Request from Drs. Gutierrez for Extension of Temporary Trailer Permit at Present Location J. Model Home Conditional Use Permit - Ryan Homes - Lot 9, Block 56, Unit 2, SH K. Model Home Conditional Use Permit - Tozzolo - Lot 7, Block 51, Unit 2, SH L. Request for Community Center - Alcoholic Beverage Sebastian Chamber of Commerce - 12/5/87 Councilman Vallone requested that items D, E, F, G, I and L be removed from the Consent Agenda. 5 MOTION by McCarthy/Metcalf I move we approve items (A) R-87-65 - Abandonment of Easement - Lot 18 & 19 Block 330, Unit 13, SH, (B) R-87-66 - Abandonment of Easement - Lot 2 & 3, Block 178, Unit 8, SH, (C) R-87-67 - Abandonment of Easement - Lot 10 & 11, Block 293, Unit 11, SH, (H) Request from Oyster Point for Community Center - 12/9/87 - Christmas Party - Alcoholic Beverage, (J) Model Home Conditional Use Permit - Ryan Homes - Lot 9, Block 56, Unit 2, SH and (K) Model Home Conditional Use Permit - Tozzolo - Lot 7, Block 51, Unit 2, SH. VOICE VOTE carried unanimously. Councilman Vallone stated that items D and I should be denied since they should not have been approved initially. Councilman Metcalf said commercial usage is not allowed for mobile units according to the State. Councilman McCarthy urged the Council not to deny the request since denial would deprive these people of conducting their businesses which are needed by the people of Sebastian. MOTION by McCarthy I move we approve (D) Request from Dr. Henry Fischer for Extension of Temporary Trailer Permit until February 1988 and (I) Request from Drs. Gutierrez for Extension of Temporary Trailer Permit at Present Location. MOTION died for lack of a second. The Building Official said if this was a new request he would have a problem with it, but since this was previously approved by Council and a refusal would deny the dentists their livelihood, he would recommend approving the extension. MOTION by Vallone/McCarthy I move we approve (D) Request from Dr. Henry Fischer for Extension of Temporary Trailer Permit until February 1988 and (I) Request from Drs. Gutierrez for Extension of Temporary Trailer Permit at Present Location. VOICE VOTE carried unanimously. Councilman Vallone questioned the letter objecting to the Burgoon Berger model home. 87.184 MOTION by Vallone/Metcalf I move we approve item (E) Model Home Conditional Use Permit Renewal - Burgoon Berger - Lot 16, Block 144, Unit 3, SH. VOICE VOTE carried unanimously. MOTION by Vallone/McCarthy I move we approve items (F) Model Home Conditional Use Permit Renewal - Ameron Homes - Lot 1, Block 218, Unit 8, SH, and (G) Model Home Conditional Use Permit Renewal - Ameron Homes - Lot 2, Block 218, Unit 8, SH, contingent upon 1) compliance with proper garage usage according to City Codes within two weeks and 2) putting in swale behind Lot 1 within 30 days as recommended by the building official. VOICE VOTE carried unanimously. Councilman Vallone stated he felt that the Fire Department should receive a $50 refund for use of the Community Center since they were non-profit. MOTION by Vallone/Metcalf I move we approve item (L) Request for Community Center - Alcoholic Beverage Sebastian Chamber of Commerce - 12/5/87, with a refund of $50 since the Sebastian Chamber of Commerce is non-profit. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. 11. OLD BUSINESS: A. RESOLUTION NO. R-87-57 A RESOLUTION GRANTING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO INDIAN RIVER YELLOW CAB, INC. (1ST READ 8/5/87, PH 8/26/87 TABLED, 9/2/87 TABLED, PH 9/23/87 TIE VOTE, CARRIED FORWARD TO NEXT REGULAR MTG. 10/14/87) MOTION by Vallone/Metcalf I move we deny the request of Indian River Yellow Cab for certificate of public convenience and necessity based upon testimony received. Attorney read into the record exhibits received as follows: 1. Notarized Affidavit by Edward Breynaert - Brevard County dated 8/25/87 2. Letter from State of Florida Dept. of Health and Rehabilitative Services - Marcia Southard to Edward Breynaert dated 1/16/87 where South Brevard Yellow Cab is blocked out and Brevard Yellow Cab is put in - signature change not authorized by Edward Breynaert 3. Letter from Attorney J. Daniel Ennis to Edward Breynaert - 4/2/86 4. Page of Telephone Book - shows Indian River Yellow Cab of Sebastian and Indian River Yellow Cab, Inc. located at 10425 U.S. Highway One 5. Yellow Pages Telephone Book - Display Ad - indian River Yellow Cab, Inc. 6. Certified copy of letter to Mr. Halter from Cathy Beard stating that Brevard Yellow Cab driver was found guilty of operating a cab in the city limits of Melbourne without a permit and fined 7. Certified copy of letter -4/16/87 - from Chief Chandler, Chief of Police - City of Melbourne - with exhibits: six pages - also letter from Melbourne Airport Authority to Sam Halter - Melbourne City Manager - dated 4/9/87 signed by Edmund P. Foster, Director of Aviation 8. Certified copy of Melbourne City Council Public Hearing Minutes date 4/28/87 - three pages (page 15 shows denial of Public Convenience and Necessity for Brevard Yellow Cab, Inc. 9. Certified copy of letter from City Clerk of Melbourne to Mr. Michael advising him that his request has been denied 10. Certified copy of request for Certificate of Public Convenience and Necessity which was denied 11. Photographs submitted by Edward Breynaert testifying to the condition of certain vehicles Attorney Palmer stated that for the record, this is documentation that was submitted for the Council and if the Council wishes it may except the material for the record. 8 87.214 87.171 MOTION amended by Vallone/Metcalf I move we amend the motion to accept exhibits as read by the City Attorney and enter them into the record. ROLL CALL on the amendment: Councilman McCarthy - Aye Councilman Metcalf - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. ROLL CALL on the motion: Councilman Metcalf - Aye Councilman McCarthy - Aye Councilman Vallone - Aye Mayor Harris - Aye MOTION CARRIED. Transfer of Fra~hiae Q~d~nanQ~ - Jones Interc~able to FakcQ~ cable TV - Request from Jo~s IBtercable t_qo place o__n ~ges~ This item had been previously withdrawn by Ken Vickers. C. Millio~ ~ollar Line of Credit After a lengthy discussion on the available million dollar line of credit and a request by Councilman McCarthy for further information the following motion was made. MOTION by Vallone/Metcalf i move we deny the Million Dollar Line of Credit at this time. ROLL CALL: Councilman Metcalf - Aye Councilman McCarthy - Nay Councilman Vallone - Aye Mayor Harris - Nay MOTION tied. meeting. Item carried to the October 28, 1987, 87.239 87.226 87.227 87.228 12. 13. 14. D. l~U~st from $~bastian Volunteer Am~u~Bce Squad fo~ ~ng ~ Roof Repair ~ Memo from Bui~i~ Official This item was carried over to the October 28, 1987, for further inspection by the Building Official. MAYOR'S MATTERS Mayor Harris requested that Consider Engaging an ~i~_~ng ~ ~ Stu~ of Drainage an~ Street Utility be placed on the November 4, 1987 meeting agenda. COUNCIL MAT~ERS Councilman Vallone questioned possible resignation of Chief Nappi. Mayor Harris said there is no definite information and that Chief Nappi would give two weeks notice if he ever resigned. CITY ATTORNE~'$ MAT~ER~ Attorney Palmer informed Council that Earl Kight, a pending code enforcement case, has been issued a court order to clean his yard. A. EESOLU~ION NO. R-87-~8 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADDING A NEW JOB DESCRIPTION TITLED "ASSISTANT TO THE BUILDING OFFICIAL" TO PART V OF THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING AN EFFECTIVE DATE. B. R~$QLU~ION NO. A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADDING A NEW JOB DESCRIPTION TITLED "CHIEF BUILDING INSPECTOR" TO PART V OF THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING AN EFFECTIVE DATE. C. ~SO~UTION NO. R-87-70 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADDING A NEW JOB DESCRIPTION TITLED "HEAVY EQUIPMENT OPERATOR" TO PART V OF THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING AN EFFECTIVE DATE. 10 87.229 D. RESOLUTION NO. R-~7-~ A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADDING A NEW JOB DESCRIPTION TITLED "BUILDING MAINTENANCE TECHNICIAN" TO PART V OF THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING AN EFFECTIVE DATE. Attorney Palmer read Resolution No. R-87-68 by title only. MOTION by McCarthy/Vallone I move we deny the adoption of Resolution No. R- 87-86, as read by the City Attorney, by title only. Councilman Vallone said this position was not needed at this time. Councilman McCarthy said the City positions were becoming overspecialized. He said all new positions should be postponed until the City Manager is on board. Mayor Harris reminded Council that some positions were negotiated in the union contract. He agreed that some positions were overspecialized. Attorney Palmer advised Council to handle each Resolution separately. Councilman McCarthy withdrew his motion. MOTION by Vallone/Metcalf I move we postpone Resolution Nos. R-87-68 thru R-87-71 for six months until the City Manager is on board. The Building Official said he thought that Resolution No. R-87-69 Chief Building Inspector was agreed to during budget hearings. Councilman Metcalf concurred with the Building Official. ROLL CALL: Councilman McCarthy - Aye Councilman Metcalf - Nay Councilman Vallone - Aye Mayor Harris - Nay MOTION TIED. The City Attorney said this zero vote dictates that these items can be brought back to an agenda by request. 11 87.231 87.194 87.243 87.244 E. RESOLUTION NO. R-~7-73 PAY RANGES A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, CHANGING THE PAY RANGES OF VARIOUS CITY EMPLOYEES AND ADDING PAY RANGES FOR THE VEHICLE MAINTENANCE FOREMAN, CODE ENFORCEMENT OFFICER, ENGINEERING TECHNICIAN, BUILDING MAINTENANCE TECHNICIAN, HEAVY EQUIPMENT OPERATOR, ASSISTANT TO THE BUILDING OFFICIAL, CHIEF BUILDING INSPECTOR AND BY AMENDING SECTION I, PART V, OF THE CITY'S STANDARD OPERATING PROCEDURE; PROVIDING AN EFFECTIVE DATE. Attorney Palmer read Resolution No. R-87-73 by title only. Mayor Harris said Resolution No. R-87-73 cannot be acted upon until it is amended and brought back to Council. Mayor Harris called recess at 9:30 P.M. The meeting was recalled at 9:40 P.M. All present before recess were present at recall. Rescind Resolution No. R-87-54 ~ Job Classification ~ Change Administrativ~ Secretary ~ City Clerk's Office ~0 Administrative Secretar~ This item was previously removed from the agenda since a Resolution to rescind had not been drafted as yet. Ge Temporary Consulting Engineer Firms ~ Mayor Harris After a brief discussion, Mayor Harris was given Council approval to look around for a temporary Public Works Director with engineering background and come back to Council for approval to hire. H. CONSTRUCTION BOARD Recommendation ~ Accep~ Resignation of Bill Ballough (Chairman) with Reg[et MOTION by Vallone/McCarthy I move we accept the resignation of Bill Ballough from the Construction Board with regret. VOICE VOTE carried unanimously. 12 87.245 87.246 ® R~~ndation - Accept ~s~gna~ion of Dick Domi3]i~ with Regret MOTION by Vallone/McCarthy I move accept the resignation of Dick Dominix from the Construction Board with regret. VOICE VOTE carried unanimously. e Request from Gerald ~areY to be Reinstatgd for ~r~e Year Tarm to 10/90 MOTION by Vallone/McCarthy I move we reintate Gerald Carey for a three year term to 10/90 on the Construction Board. VOICE VOTE carried unanimously. 16. Mayor Harris adjourned the meeting at 9:45 P.M. Minutes were approved at the November 4, 1987 meeting. ATTEST: (as amended) 13