Loading...
HomeMy WebLinkAbout10261988City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 26, 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. Councilman McCarthy led the Pledge of Allegiance. 3. Invocation was given by Bishop Anthony Varano. 4. 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 City Attorney, Charles Nash 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) None. 6. CONSENT AGENDA Approve Minutes - 10/12/88 Regular, 10/19/88 Airport Master Plan Public Hearing Request for Community Center - Sebastian River Shrine Club - A/B - 12/9/88 Request for Community Center - Rivera Wedding - A/B - 11/26/88 - security paid - $388.50 rent to be paid upon approval MOTION by Roth/Vallone I move we approve Consent Agenda items A. Approve Minutes - 10/12/88 Regular, 10/19/88 Airport Master Plan Public Hearing; B. Request for Community Center - Sebastian River Shrine Club - A/B - 12/9/88; C. Request for Community Center - Rivera Wedding - A/B - 11/26/88 - security paid - $388.50 rent to be paid upon approval. Mayor Votapka removed item A. 10/12/88 minutes only, and amended page 6, under Ordinance No. 0-88-17 #2 of changes made to the ordinance as follows: instead of "4 inch painted lines" it should read "4 inch wide lines (painted, brick or other as approved by the City Engineer); in #3 add before the word "wheel" the words "standard concrete"; add a (3)(c) which reads "Wheel stops shall be permanently anchored by rods, pipe or other restraining devices as approved by the City Engineer" Attorney Nash noted in the 10/12/88 minutes that on page four second to last line the words lease hold should be one word. MOTION by McCarthy/Vallone I move that we amend the motion to amend the 10/12/88 minutes. VOICE VOTE on the amendment carried 5-0. VOICE VOTE on the main motion carried 5-0. 7. PROCLAMATIONS AND/OR ANNOUNCEMENTS Proclamation - Better Water for People Week - Mayor Votapka read a proclamation, proclaiming 10/31/88 through 11/4/88 as Better Water for People Week and presented it to Jack Reese of General Development Utilities. Proclamation - Red Ribbon Week - 10/23/88 - 10/30/88 Mayor Votapka read a proclamation, proclaiming 10/23/88 through 10/30/88 as Red Ribbon Week and requested that the City Clerk mail it to Mr. McIntosh of the Lion's Club. Mayor Votapka announced that the Barber Street paving was completed and complimented all those involved in it. Mayor Votapka encouraged parents to have their children do their trick or treating on October 31, 1988, from 6:00 p.m. to 8:30 p.m. 88.150 8. PUBLIC HEARING A. RURAL SANITATION Request for Rate Increase from $4.25 to $7.28 and Name Change t__o Treasure Coast Refusez Inc. Mayor Votapka opened the public hearing at 7:14 p.m. The City Manager said after a staff analysis it was their recommendation to deny the request for increase. He said Rural representatives had been in city hall today, would not be at this meeting and requested that any decision be deferred so they may provide further information. The City Manager recommended proceeding with the public hearing. Larry Napier, Assistant Finance Director, explained the analysis he had provided to City Council prior to the meeting. He said the Rural rate case study tends to overstate expenses and understate income. He recommended that the rate remain at $4.25 until further 3ustification is provided. Donato DiRobertis, 550 SW Michael Street, congratulated Mr. Napier for the analysis and suggested the city look into its own trash collection. Mayor Votapka closed the public hearing at 7:20 p.m. Mayor Votapka suggested that the public hearing be continued for written comment only. MOTION by Metcalf/McCarthy I move we deny the request from Rural Sanitation for a rate increase from $4.25 to $7.28. 88.166 A brief discussion took place on whether or not action should be taken at this meeting. The City Manager advised that if the rate increase were denied tonight, Rural Sanitation could come back with another request, which would incur additional expenses for the city. Councilman McCarthy asked if it was the City's responsibility to pay for advertising for franchise amendments. ROLL CALL: Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - nay Vice Mayor Vallone - nay Mayor Votapka - nay MOTION FAILED. MOTION by Roth/Vallone I move we continue the public hearing on the Rural Sanitation increase rate request for written comment only. Attorney Nash advised that if the rate increase was rerequested the city would be obliged to hold another public hearing. ROLL CALL: Councilman Metcalf - nay Vice Mayor Vallone - aye Councilman Roth - aye Mayor Votapka - aye Councilman McCarthy - nay MOTION CARRIED. 9. PUBLIC INPUT Sebastian Creative Playground Project, Exchange Club - Request to Use Riverview Park for Fund- Raising Event L Creative Play ~ - 12/3/88 David Fisher, Exchange Club, said the conflict for December 3, 1988 for the two groups requesting the park had been resolved and that his group was not requesting exclusive use of the park. Mayor Votapka advised that the group would have to provide additional facilities which may be required due to large crowds. 4 88.167 MOTION by Vallone/Metcalf I move we approve the request of the Exchange Club for a fundraising Creative Play Day for the Sebastian Creative Playground Project on December 3, 1988, at Riverview Park. VOICE VOTE on the motion carried 5-0. The Craft Club of Sebastian - Request to Use Riverview Park 11/5/88, 12/3788, 1/7/89, 2/4/89, 3/4/89, 4/1/89 - 9:00 a.m. to 4:00 p.m. Sharon Wise, Secretary of the Craft Club of Sebastian, introduced Cindy Anderson, President, and answered questions from Council. Mayor Votapka advised that the group would be responsible for supplying additional facilities to accommodate a large crowd. The City Manager said the reason the requests were on the agenda was his feeling that Council should evaluate the requests carefully and set a policy on fund raising activities on city property. Councilman McCarthy said a precedent had been set by allowing the Art Club to use the park. Mayor Votapka suggested this be sent back to staff for a review of recommendations on previous requests. Attorney Nash advised that Council review their policy and distinguish profit making use on a regular basis from fundraisers. He said, for example, that if this was approved, and he wanted to sell hotdogs in the park, Council might have trouble denying that request. MOTION by Roth/Vallone I move we grant permission to the Craft Club of Sebastian for use of Riverview Park on November 5, 1988 and December 3, 1988, upon receipt by the City Clerk's office of a refundable $100 security deposit. MOTION by Vallone/Roth I move we amend the main motion to add "with the appropriate restroom facilities provided by the group and approval of requested rain dates on November 6, 1988 and December 4, 1988" VOICE VOTE on the amendment carried 5-0. VOICE VOTE on the main motion carried 5-0. C. Dr. Harry Beller re: Police Department Dr. Beller recommended that the Council set uD a Citizen's Review Committee on the Police Department. Robert McCollum, 501Durant Street, recommended bringing the airport into safe condition with available airport funds and urged the Council to vote "no" on the Airport Master Plan. Bill Krause, 826 Floriland Road, said he hoped the empty barrels had been cleaned up. Lenna Marshall, 7655 129th Street, asked Council to set aside personal feelings and vote "no" on the Airport Master plan. John Evans, 11155 Roseland Road, Citizens' Airport Watch, urged Council to consider the public message given during the March 88 referendum, said the indian River School Board was interested in the airport property for a high school site, and urged Council to consider options to adoption of the Airport Master Plan. Steve Johnson, 12385 Roseland Road, spoke on behalf of fixed base operators at the airport, said inaccurate information had been provided by groups opposing the Airport Master Plan, that future major changes would require referendum vote, and that a large airport near 1-95 would be larger and more costly to the taxpayers. Delores McCarthy, 222 Fig Street, spoke against the Airport Master Plan and compared the danger of this airport to one in Pembroke Pines. Councilman McCarthy read a newspaper article regarding an accident at the airport in Pembroke Pines. Lloyd Rondeau, 285 Easy Street, said the Airport Master Plan was exaggerated and poorly done. He said if the Airport Master Plan is approved the people against it will never give up. He said an airstrip can be built near 1-95 for $2,000,000. Earl Masteller, 869 Robin Lane, Airport Advisory Board, recommended the airport be used for a north county high school site and urged a delay in the vote on the Airport Master Plan. Mayor Votapka called recess at 9:00 p.m. and reconvened the meeting at 9:12 p.m. Ail members present at recess were present at recall. 6 87.027 10. RESOLUTION NO. R-88-69 - Airport Master Plan A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MASTER PLAN FOR THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING AN EFFECTIVE DATE. Attorney Nash read Resolution No. R-88-69 in its entirety. MOTION by Metcalf/Vallone I move we adopt Resolution No. R-88-69 regarding the Airport Master Plan. Mayor Votapka expressed his opinion on the following items; the huge costs incurred, which would have to be underwritten by taxpayers, for environmental studies, archaeological studies, drainage studies, land purchase and planning time if relocation of the airport to the 1-95 area was considered; his concern for a North County high school site, which he stated could not be considered to be placed on the airport site since relocation of the airport would take so many years and the need is now for a high school; and the misinformation of expansion of airport facilities. He went on to read from Phase I which provides for overlay of runways, installation of safety equipment, security fencing; and Phase II where he pointed out that any major improvement would have to go to referendum. He read the referendum question from the March election and noted that power to control expansion is still in the hands of the people. He thanked John Evans for addressing environmental concerns at the airport and said he had spoken to the City Manager to have it cleaned up. Mayor Votapka went on to provide possible amendments to the Airport Master Plan to authorize a PART 150 Noise Study; and that only revenues derived from airport sources and not advalorem taxes be used for costs incurred by. this plan. As a closing remark the Mayor said he wants to keep the airport small, safe, keep the terms of the quit claim deed, and when a City Engineer and City Planner come on board look at planning for light ~s~a~ industry at the airport. Councilman McCarthy said in his two years of discussing the Airport Master Plan he had never been against providing for safety, but that he did not * amended at the 11/9/88 regular meeting care for embellishments in the plan. He suggested that if security fencing was to be provided, it be placed around the perimeter of the Golf Course also. MOTION by McCarthy I move we add the inclusion of the security fence around the perimeter of the Golf Course. Attorney Nash advised that all amendments to the Airport Master Plan be incorporated at one time. Councilman McCarthy withdrew his motion. Vice Mayor Vallone concurred with amendments as recommended. Councilman Roth said he was against adoption of the Airport Master Plan regardless of the amendments. Attorney Nash questioned whether the Mayor wished to preclude those taxes received from leased properties. The Mayor said he would like to see any revenues derived from the airport used. The City Manager advised that at the present time those revenues were placed in the general fund and not the airport enterprise fund. MOTION by Vallone/Metcalf I move we amend the Airport Master Plan as addendum to Resolution No. R-88-69 to 1) authorize a PART 150 Noise Study; 2) no use of advalorem taxes for airport projects unless by vote of the electorate; and 3) that security fencing be extended around the perimeter of the Golf Course. (see attached amendments as provided by the City Attorney on 10/28/88) ROLL CALL on the amendment: Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye MOTION CARRIED. ROLL CALL on the main motion: Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - nay Councilman Metcalf - aye Councilman Roth - nay MOTION CARRIED. 8 88.169 88.170 12. MOTION by Vallone/McCarthy I move that items (12)(A) and (12)(B) be moved to this section of agenda. VOICE VOTE on the motion carried 5-0. MAYOR'S MATTERS A. Appointment of Interim Chief of Police Following a brief introduction by Mayor Votapka and City Manager, who noted the request included a $2500 monthly salary and use of a city vehicle which is currently the Crown Victoria but will be swapped for one of two used lease vehicles as approved in the 88/89 fiscal budget, and nomination by Mayor Votapka, the following motion was made. MOTION by Metcalf/Roth I move we appoint Earl Petty as interim Chief of Police at a salary of 82500 per month, and authorize use of a city vehicle. ROLL CALL: Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye MOTION CARRIED. B. Review Police Chief Appointment Procedures MOTION by Roth/Vallone I move we accept the procedures for Police Chief appointment procedures as stated in the City Manager's memo dated 10/12/88. Councilman McCarthy recommended that the second sentence in paragraph two on page two regarding limiting the search to the State of Florida be stricken. MOTION by Vallone/Metcalf I move we extend the meeting five minutes. VOICE VOTE on the motion carried 5-0. MOTION by Vallone/McCarthy I move we strike from page two, paragraph two, the sentence "Since the Chief of Police must be a certified police officer in the State of Florida, I recommend that the search be limited to the State of Florida". 9 88.168 88.168 88.168 11. ROLL CALL on the amendment: Councilman McCarthy - aye Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye MOTION CARRIED. ROLL CALL on the main motion: Councilman Metcalf - aye Councilman Roth - aye Vice Mayor Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye MOTION CARRIED. COMMITTEE REPORTS/RECOMMENDATIONS A. CONSTRUCTION BOARD Art Hallgren - Request for Reappointment to HARV ContractOr Position - 10/88 to 10/91-- David Greenidge - Request for Reappointment to Alternate/ConCerned Citizen Position - 10/88 to 10/91 Dennis Dernbach - Request for Reappointment to Concerned Citizen Position - 10/88 to 10/91 MOTION by McCarthy I move we accept the request for reappointment for Art Hallgren, David Greenidge and Dennis Dernbach to the Construction Board. Councilman Metcalf stated an objection to the reappointment of Art Hallgren for lack of information on an address. MOTION by Vallone I move we amend the motion to appoint David Greenidge and Dennis Dernbach. Time ran out on the meeting and the amendment died for lack of second and no vote was taken on the main motion. As a result this and the following items will be addressed at the November 2, 1988 workshop as regular items. 10 88.171 88.155 88.022 88.172 13. 14. 15. Mayor Votapka adjourned the meeting at 10:35 p.m. COUNCIL MATTERS A. Vice Mayor Vallone B. Councilman Roth C. Councilman McCarthy 1. Request to Follow Sections 3.02 & 3.03 of the City Charter D. Councilman Metcalf 1. Request to Withdraw Airport Moratorium CITY ATTORNEY MATTERS A. ORDINANCE NO. 0-88-27 - Sandmining (3rd Draft) 1ST READING, SET PUBLIC HEARING 11/30/88 CITY MANAGER MATTERS A. Report on Advalorem Taxes Received by City from Airport Lessees - Information Distributed on 10/19/88 Approved as amended at the November 9, 1988 Regular Council MeetinG. Richard B. Votapka, Mayor O'Halloran, City Clerk 11