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HomeMy WebLinkAbout11201991 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 91.326 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, NOVEMBER 20, 1991 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 2. 3. 4. 5. 6. 7. 8. 9. A. B. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - No One Available ROLL CALL AGENDA MODIFICATIONS ~ADDITIONS AND/OR DELETIONS) PROCLAMATIONS AND/OR ANNOUNCEMENTS PUBLIC HEARING, FINAL ACTION - None PUBLIC INPUT ON AGENDA ITEMS CONSENT AGENDA Approval of Minutes - 11/13/91 Regular Meeting Request Use of Yacht Club - Bermel Wedding Reception - 11/24/91 - A/B - Permittee Hellen Bermel DOB 5/10/14 - Security Paid (Application) 91.327 91.235 91.325 RESOLUTION NO. R-91-43 - Abandonment of Easement (R-91-42, City Engineer Memo dated 11/8/91, Application, Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE SOUTHEAST SIX FEET OF LOT 5,THE NORTHWEST AND SOUTHEAST SIX FEET OF LOT 6, AND THE NORTHWEST SIX FEET OF LOT 7, BLOCK 207, SEBASTIAN HIGHLANDS UNIT 8 ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6 12, 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. 10. PRESENTATIONS 11. 12. PGA Management Audit of Golf Course (Staff Recommendation dated 11/14/91, Report Under Separate Cover) MAYOR'S MATTERS COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman Holyk C. Councilman Powell D. Councilman Reid 13. CITY ATTORNEY MATTERS 14. 15. A. Elkcam Waterway Dam Claims (No Backup) CITY MANAGER MATTERS COMMITTEE REPORTS~RECOMMENDATIONS 2 16. OLD BUSINESS 91.129 91.045 91.144 90.290 91.328 RESOLUTION NO. R-91-45 - Authorizing CAVCorp Property Loan and Related. Transactions for Purchase (Staff Recommendation dated 11/14/91, R- 91-45, City Attorney Opinion, Promissory Note, Officers' Certificate, Settlement Statement) A RESOLUTION OF THE CITY OF SEBASTIAN, AUTHORIZING AND PROVIDING FOR THE ESTABLISHMENT OF A LOAN WITH BARNETT BANK OF THE TREASURE COAST OF $750,000 PRINCIPAL AMOUNT TO PAY FOR THE ACQUISITION OF CERTAIN REAL PROPERTY; AUTHORIZING THE iSSUANCE OF AND THE FORM, DATE, MATURITY, INTEREST RATE AND OTHER DETAILS WITH RESPECT TO A NOTE TO EVIDENCE THE LOAN; AUTHORIZING A NEGOTIATED SALE OF THE NOTE TO BARNETT BANK OF THE TREASURE COAST; DESIGNATING THE OBLIGATION FOR THE APPLICABLE EXCEPTIONS TO THE PROVISIONS CONTAINED IN THE INTERNAL REVENUE CODE WHICH DENY FINANCIAL EXPENSE ALLOCABLE TO TAX EXEMPT OBLIGATIONS; MAKING CERTAIN COVENANTS AND AGREEMENTS FOR THE BENEFIT OF THE OWNER OF THE NOTE; AUTHORIZING ACCEPTANCE OF RESPONSIBILITY OF PAYING AGENT AND REGISTRAR; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF THE NOTE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Review and Discuss Ail Options Concerning CR 512 Pro3ect (Staff Recommendation dated 11/14/91, City Engineer Memo dated 11/14/91, Davis Letter dated 10/22/91) Review Police Station Electrical Service (City Manager Recommendation dated 11/14/91, City Manager Letter dated 11/8/91, ADG Letter dated 11/13/91 w/ Attachments) GDC Status Report (City Manager Recommendation dated 11/14/91, City Manager Letter dated 11/13/91) 17. NEW BUSINESS City Manager Employment Agreement Renewal (City Manager Recommendation dated 11/14/91, Employment Agreement) 3 91.329 90.272 18. Point-O-Woods Subdivision - Petition for Disincorporation (City Clerk Recommendation dated 11/13/91, City Clerk Memo dated 11/6/91, Petition, FS 171) Review Request by Point-O-Woods Developer to Transfer Maintenance of Streets and Drainage Facilities to City (City Manager Recommendation dated 11/14/91, City Engineer Memo dated 11/12/91, Mosby Letter dated 9/24/91, City Manager Letter dated 8/1/88) INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) 19. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WiTH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 4 NAME: ADDRESS: SUBJECT: NOVEMBER 20, 1991 REGULAR MEETING PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET - ; ADDRESS: / _ ~ o_,___-~__oTa__ ~'_~_ ........ j~_a_:z .... NAME: ADDRESS: SUBJECT: BJECT: NAME: ~A¢ ~ ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: 2 City of Sebastian POST OFFICE BOX 780127 u SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 M I N U T E S SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, NOVEMBER 20, 1991 - ?:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Mayor Conyers called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. Invocation was given by Rev. Chet Tokar, Sebastian Christian Church. 4. ROLL CALL Present: Mayor W.E. Conyers Councilman Peter Holyk Councilman Lonnie Powell Councilman George Reid Absent: Vice Mayor Frank Oberbeck (excused) Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Golf Course Manager, Jim DeLarme City Clerk, Kathryn O'Halloran Clerk II, Linda Lohsl 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) None Regular City Council Meeting November 20, 1991 Page Two 91.326 91.327 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS None 7. PUBLIC HEARING, FINAL ACTION None 8. PUBLIC INPUT ON AGENDA ITEMS William Bertram, 1265 George Street and Betty Prueter, 281 Caravan Terrace addressed the Council on the matter of the Elkcam Waterway Dam. 9. CONSENT AGENDA A. Approval of Minutes - 11/13/91 Regular Meeting Request Use of Yacht Club - Bermel Wedding Reception - 11/24/91 - A/B - Permittee Helen Bermel DOB 5/10/14 - Security Paid (Application) RESOLUTION NO. R-91-43 - Abandonment of Easement (R-91-42, City Engineer Memo dated 11/8/91, Application, Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE SOUTHEAST SIX FEET OF LOT 5,THE NORTHWEST AND SOUTHEAST SIX FEET OF LOT 6, AND THE NORTHWEST SIX FEET OF LOT 7, BLOCK 207, SEBASTIAN HIGHLANDS UNIT 8 ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6 12, 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. Mayor Conyers read the consent agenda in its entirety, including the title of R-91-43. Councilman Powell noted that the Consent Agenda consisted of items "A, B and D". He noted that Item "C" was erroneously omitted. Councilman Holyk requested that Item A be pulled from this agenda. 2 Regular City Council Meeting November 20, 1991 Page Three 91.235 10. MOTION by Powell/Holyk i move that we approve "B" and "C" ("C" is "D" on agenda). ROLL CALL: Mayor Conyers Councilman Holyk Councilman Powell Councilman Reid aye aye aye aye MOTION CARRIED 4-0. Councilman Holyk referred to the minutes under his matters, Page 7. He requested that a comment pertaining to Ms. Bidol's request that public officials remain absent at the public hearings on the airport meeting on November 21, 1991 was omitted. He noted that this was a specific request from Ms. Bidol. He stated that she (Ms. Bidol) felt that the service would be much better if the public was speaking directly to her since that report would come to the City Council anyway. *This is a correction to the Minutes of November 13, 1991. MOTION by Holyk/Powell Move that we accept Item A as I suggested - the amendment. ROLL CALL: Councilman Holyk Councilman Powell Councilman Reid Mayor Conyers MOTION CARRIED 4-0. aye aye aye aye PRESENTATIONS PGA Management Audit of Golf Course (Staff Recommendation dated 11/14/91, Report Under Separate Cover) Mr. John Rossi, representative of the PGA Golf Services, Inc. was introduced by the City Manager. Mr. Rossi recited a presentation on Golf Operations Evaluation for the Sebastian Golf Facility prepared for the City and dated October 15, 1991. He also answered various questions presented by Council Members. 3 Regular City Council Meeting November 20, 1991 Page Four 91.325 11. MAYOR'S MATTERS Mayor Conyers acknowledged a reply pertaining to the procedure to follow relative to "Dog Bites". (See memo from Chief of Police dated November 14, 1991 attached). He also stated that the County is in the process of adopting an ordinance to continue maintenance of the program. He noted that Indian River County offenders are available to "work for freedom" and suggested again that the city should avail itself of this program. 12. COUNCIL MATTERS A. Vice Mayor Oberbeck Absent B. Councilman Holyk Councilman Holy urged all people to seriously participate in the "Great American Smoke Out" to be held November 21, 1991. C. Councilman Powell Councilman Powell read from an article in the Vero Beach Press Journal about the top revenue producers for the City of Vero Beach. D. Councilman Reid Councilman Reid offered words of wisdom to all when the subject of Elkcam Waterway Dam is discussed under the City Attorney Matters. "If you have to eat a frog it's better if you don't look at it too closely. 13. CITY ATTORNEY MATTERS A. Elkcam Waterway Dam Claims (No Backup) The City Attorney stated that Rick Torpy would attend the joint City/County meeting November 26, 1991 in his stead. 4 Regular City Council Meeting November 20, 1991 Page Five He stated that IF R-91-45 is approved this evening signatures of City Council Members would be required with benefit of the SUNSHINE he requested that the meeting not be adjourned until all documents are signed. Mr. Nash reported that a discussion had taken place with the Civil Engineer and that his charges for an initial investigation of the Elkcam Waterway Dam would be at the rate of $75/hr. or $500/day. It is anticipated that the initial evaluation would take approximately 4 hours, total $300. It was assumed that a report would be available at the December Workshop. A lengthy discussion ensued. MOTION by Reid/Powell Move to go along with the recommendation of the City Attorney and hire this man at a maximum of $300. ROLL CALL: Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk aye aye aye aye MOTION CARRIED 4-0. Mayor Conyers called a recess at 8:10 p.m. and reconvened the meeting at 8:21 p.m. with all members present. 14. CITY MANAGER MATTERS None 15. COMMITTEE REPORTS/RECOMMENDATIONS None 5 Regular City Council Meeting November 20, 1991 Page Six 16. OLD BUSINESS 91.129 A. RESOLUTION NO. R-91-45 - Authorizing CAVCorp Property Loan and Related Transactions for Purchase (Staff Recommendation dated 11/14/91, R- 91-45, City Attorney Opinion, Promissory Note, Officers' Certificate, Settlement Statement) A RESOLUTION OF THE CITY OF SEBASTIAN, AUTHORIZING AND PROVIDING FOR THE ESTABLISHMENT OF A LOAN WITH BARNETT BANK OF THE TREASURE COAST OF $750,000 PRINCIPAL AMOUNT TO PAY FOR THE ACQUISITION OF CERTAIN REAL PROPERTY; AUTHORIZING THE ISSUANCE OF AND THE FORM, DATE, MATURITY, INTEREST RATE AND OTHER DETAILS WITH RESPECT TO A NOTE TO EVIDENCE THE LOAN; AUTHORIZING A NEGOTIATED SALE OF THE NOTE TO BARNETT BANK OF THE TREASURE COAST; DESIGNATING THE OBLIGATION FOR THE APPLICABLE EXCEPTIONS TO THE PROVISIONS CONTAINED IN THE INTERNAL REVENUE CODE WHICH DENY FINANCIAL EXPENSE ALLOCABLE TO TAX EXEMPT OBLIGATIONS; MAKING CERTAIN COVENANTS AND AGREEMENTS FOR THE BENEFIT OF THE OWNER OF THE NOTE; AUTHORIZING ACCEPTANCE OF RESPONSIBILITY OF PAYING AGENT AND REGISTRAR; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF THE NOTE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read R-91-45 by title only. MOTION by Holyk/Reid I make a motion that we accept R-91-45 authorizing CAVCorp property loan and related transactions for the purchase. Discussion followed relative to the procedures followed to comply with Florida State Statutes. The City Attorney replied that the purchase was in order. ROLL CALL: Councilman Powell Councilman Reid Mayor Conyers Councilman Holyk MOTION CARRIED 3-1. (Powell - NO) no aye aye aye 6 Regular City Council Meeting November 20, 1991 Page Seven 91.045 B. Review and Discuss Ail Options Concerning CR 512 Project (Staff Recommendation dated 11/14/91, City Engineer Memo dated 11/14/91, Davis Letter dated 10/22/91~) Carolyn Corum, 881 Dolores St., addressed the Council on the sensitivities of the land in this area. The City Manager noted the city and county will be meeting November 26, 1991 at 2:00 p.m. to discuss the future of CR 512 and that particular section of 512 that begins at U.S. 1 and goes in a westerly direction for about 3,000 feet up to the elementary school. He then gave a synopsis of past events. He called the council's attention to the fact that they have not formed an alternative policy of what they would prefer. He then introduced representatives from Kimley-Horne & Associates, the consultants for the city on the traffic circulation study; John Atz and Steven Godfrey. The City Engineer related his discussions with Kimley-Horne. He requested the councils' input relative to acceptable alternatives for CR 512. Steve Godfrey asked the council to express their concerns and also present questions. Each Council Member addressed Mr. Godfrey. Councilman Holyk offered Mr. Godfrey his complete file on CR 512. He noted that there is no research by the County on alternatives and he defied the County to produce completed engineering plans on CR 512. Mr. Godfrey replied to the Council and referred to the Kimley-Horne report. He also noted that if capacity does run out and the level of service is exceeded a moratorium is a possibility in the future. The issues are dollars vs. impacts. Impacts: scrub habitat, uplands, wetlands and also Orange Heights. The Twin Pairs one-way concept does impact access to development (business) along 512. A great deal of discussion followed. Regular City Council Meeting November 20, 1991 Page Eight 91.144 C. 90.290 91.328 17. Review Police Station Electrical Service (City Manager Recommendation dated 11/14/91, City Manager Letter dated 11/8/91, ADG Letter dated 11/13/91 w/ Attachments) The City Manager recited the past events leading to this agenda item. His recommendation was to split the cost of electrical service for the new Police Station ($4,661.) between the City and the contractor. MOTION by Holyk/Powell Move that the City of Sebastian agree to split the cost of the electrical service and pay our share of S2,330.50. ROLL CALL: Councilman Reid Mayor Conyers Councilman Holyk Councilman Powell aye aye aye aye MOTION CARRIED 4-0. GDC Status Report (City Manager Recommendation dated 11/14/91, City Manager Letter dated 11/13/91) The City Manager stated that he felt negotiations with GDC are nearing completion. He noted that he has kept the City Council apprised each time a negotiation was held. He then briefed the Council relating to the most recent changes. A reference was made to a letter to Mr. Cain (Cap) of GDU dated November 13, 1991. NEW BUSINESS City Manager Employment Agreement Renewal (City Manager Recommendation dated 11/14/91, Employment Agreement) City Manager felt the backup material on this item was clear on his request, and in addition to renewal of the contract he has requested an automobile allowance in lieu of a new automobile. 8 Regular City Council Meeting November 20, 1991 Page Nine 91.329 Discussion followed relating to the fact that the full council is not seated this evening and the City Manager is employed by the Council and works for all five member of the Council. Councilman Reid noted that if one member is not present the Council should not cease to function. The City Manager respectfully requested that this item be withdrawn and placed on the first regular meeting in December. MOTION by Powell/Holyk I make a motion that we refer the City Managers Agreement Contract to December 11. VOICE VOTE on the motion CARRIED 3 - 1 (Reid - NO) Point-O-Woods Subdivision - Petition for Disincorporation (City Clerk Recommendation dated 11/13/91, ~ Clerk Memo dated 11/6/91, Petition, FS 171) Councilman Powell stated that Item B and Item C should be in reverse order. The City Attorney was assured that the petition was signed by 15% of the registered voter that reside in Point-O-Woods by the City Clerk. He suggested that a study be commenced by the City staff and one of the requirements under the statutes is a determination as to whether the area in question fails to meet the criteria for annexation. If it is found to comply with the criteria for annexation then it can not be deannexed. MOTION by Holyk/Powell I would move that we direct the City Manager and the pertinent staff to study this question of whether or not the Point-O-Woods Subdivision did indeed meet the criteria for annexation. The City manager suggested that this item be placed on the next available agenda; be it a workshop or regular meeting. 9 Regular City Council Meeting November 20, 1991 Page Ten 90.272 ROLL CALL: Mayor Conyers Councilman Holyk Councilman Powell Councilman Reid aye aye aye aye MOTION CARRIED 4-0. Review Request by Point-O-Woods Developer to Transfer Maintenance of Streets and Drainage Facilities to City (City Manager Recommendation dated 11/14/91, ~ Engineer Memo dated 11/12/91, Mosby Letter dated 9/24/91, City Manager Letter dated 8/1/88) The City Manager requested feed back with the assumption that Point-O-Woods remain in the City limits. He gave a run down of the subdivision since 1982, the one and only street which was constructed with a 50' right-of-way and drainage requirements that are different today. Rene Vande Voorde, attorney for the developer addressed the Council. He reported that any applications, permit and/or files on file with state agencies can not be located. There are letters from both the project engineer and the City Engineer at the time confirming that the subdivision was built in accordance with all the required specifications, requirements and permits. The City Engineer stated that the street is in excellent condition. He discussed the lack of storm water retention provided to treat the water. A great deal of discussion followed. 18. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) Mr. Steven Pitiak, 3621W. Derry Drive and Jack Speciale addressed the subject of water/sewer service and how it relates to Park Place. 19. Being no further business to come before the Regular Meeting - ADJOURNMENT at 10:35 p.m. 10 Regular City Council Meeting November 20, 1991 Page Eleven Kathr~n M. O~Halloran, City ~lerk · 1991 ~"Z~c.,'% Council Meeting. W.~. conyers, ~a¥or / 11 ill POLICE DEPARTMENT. Earle L. Petty, Chief of Police, Post Office Box 780127 Sebastian, FL 32978-0127 (407) 589-5233 II DATE : TO : FREN : SUBJECT : MEMORANDUM November 15, 1~91 RObert S. McClary, City Manager Earle Petty, Chief of Poli~ Animal Control Procedures for Dog Bites In reference to Mayor Conyer's questions during the counc11 meeting of November 13, 1991, pertaining to'procedures for handling.dog bItecases or suspected rabld animals, I offer the following information. On November 15, lP91, I talked with Mr. Doug Wright, County Emergency . Management Director, PX # 567-2154, who confirmed what the mayor had been told. The State of Florida is no longer funding the Environmental Health Agency for animal bite or rabies cases and they are now refusing to do them. Indian River County Animal Control has taken over this responslb111ty and when called either by a police agnecy or the clvlllan vlctlm, they wlll respond, take the animal into custody for observatlon and appropriate action. Animal Control is using local veterlnarians For the animal exam- 1nations with the animal belng impounded at an appropriate location. There is an an'i~al control offlcer on duty untll 2200 hours then on call for the remainder of the night. Mr. Wright stated that he is presenting an ordinance to the County Commisslon on November lP, 19Pl, which would give the counties animal control unit authorlty to continue wlth this procedure. In regards to a citizen in the City of Sebastian getting blt by an animal they should call the Pollce Department and we 'would initiate the calls to Animal Control and any other action that would be necessary at.that tlme. If you have any questions pertalnlng to this memorandum please contract me at your earliest convenlence. EP/jh CC: Sr. Sgt. Ewert Sergeant Beyer, Sherbrook, Wltt & Hardlson Communications Center