HomeMy WebLinkAbout12071994 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 7, 1994 - 6:00 EM.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN TItE OFFICE OF TIIE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Individuals shall address the CiO, Council with respect to agenda items immediately
prior to deliberation qf the item by the City Council if they have signed the sign-up
sheet provided prior to the meetinq - limit qf ten minutes per speaker (R-93-19)
1. CALL TO ORDER
94.284
94.285
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Donald E. Swope - First
Presbyterian Church of Sebastian
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the council members present
(Resolution No. R-93-19).
PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Presentation of Plaque - Edwin Gilcher - Past
Chairman - Emergency Management Committee - 7/91
to 11/94
B. Proclamation - Arbor Day - 1/20/95
94.260
7. QUASI-JUDICIAL HEARING
Procedures for Quasi-Judicial Hearings as Follows
(in accordance with R-94-54):
- Mayor Opens Hearing
- Clerk Administers Oath
- Staff Presentation
- Affected Parties May Question Staff
- Applicant's Presentation - 15 Minutes
- Proponents' Presentation - 3 Minutes*
- Inquiry of Applicants
- Opponents' Presentation - Affected 15 Minutes -
Other 3 Minutes*
- Inquiry of Opponents
- Informational Testimony - 3 Minutes*
- Inquiry of Informational Witnesses
- Mayor Closes Public Information Period
- Staff Response and Summary
- Applicant's Rebuttal - 10 Minutes
- Board and Staff Inquiry
*If representing group of 5 or more - may take up to
10 minutes
Indian River Tree Recycling and Mulch - Request
for Special Use Permit (Director of Community
Development Transmittal dated 11/29/94,
Application, 10/10/94 P & Z Memo, 8/30/94 Dietz
Memo, 8/5/94 Boling Memo, 8/3/94 Petty Memo,
8/2/94 Johns Memo, Plans Under Separate Cover)
94.248
ORDINANCE NO. O-94-13_- Airport Rezoning
(Director of Community Development Transmittal
dated 11/29/94, 0-94-13)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING
CERTAIN PROPERTY LOCATED AT THE SEBASTIAN MUNICIPAL
AIRPORT FROM IN (INDUSTRIAL DISTRICT) TO AI (AIRPORT
AND INDUSTRIAL FACILITIES DISTRICT); PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
94.203
94.286
94.287
94.184
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Othez~;ise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of city Council so requests; in
which event, the item will be removed and acted upon
separately.
Approval of Minutes - 11/9/94 Regular Meeting,
11/16/94 Regular Meeting, 11/21/94 Special
Meeting
Bid Award - Annual Contract for Utility Sites
Mowing and Grounds Maintenance (Utilities
Director Transmittal dated 11/21/94, Bid
Tabulation, Proposed Contract w/Attachments)
Fleming Street Bridge Reconstruction Bids -
Reject Ail Bids (city Manager Transmittal dated
11/18/94)
Bid Waiver - Purchase Ten 1995 DS Electric Club
Cars - $23,600 (Golf Course Transmittal dated
11/28/94, chandler Letter, Quote, Budget)
RESOLUTION NO. R-94-65 - Modification #1 to
Statewide Mutual Aid Agreement (City Manager
Transmittal dated 11/14/94, Modification #1)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE STATEWIDE MUTUAL AID
AGREEMENT FOR CATASTROPHIC DISASTER RECOVERY AND
RESPONSE BETWEEN THE STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT,
INDIAN RIVER COUNTY AND ITS MUNICIPALITIES;
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN,
ON BEHALF OF THE CITY, MODIFICATION #1 TO THE
STATEWIDE MUTUAL AID AGREEMENT FOR CATASTROPHIC
DISASTER RESPONSE AND RECOVERY; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
3
94.288
94.289
94.290/
93.297
94.290
94.226
94.291
10.
11.
Request Use of Community Center - C. Patrick
Flood - Wedding Reception - 12/17/94 - 8 pm -
Midnight - A/B - Security Paid - Permittee DOB
2/4/70 (City Clerk Transmittal dated 11/29/94,
Application, Excerpt from R-94-50)
Request Use of Yacht Club - Rotary Club -
Fundraiser Turkey Raffle and Dance - 12/17/94 - 3
pm to Midnight - A/B - Admission - Security Paid
- Permitte DOB 2/3/55 (City Clerk Transmittal
dated 11/22/94, Application, Excerpt from R-94-50)
PRESENTATIONS
COMI~ITTEE REPORTS/RECOM34ENDATIONS
Police officers' Retirement Trust Fund Board of
Trustees
Accept Resignation of Marjorie Poole (city Clerk
Transmittal dated 11/30/94, 10/27/94 Poole
Letter)
Appoint Member to Police officers' Retirement
Trust Fund Board - Unexpired Term to 10/1/95
(City Clerk Transmittal dated 11/30/94, Board
List, Section 58-51 Code of Ordinances)
12. OLD BUSINESS
Chamber of Commerce - Request Early Access to
Electricity in Riverview Park for Winter
Wonderland (King/Malek Letter dated 12/1/94)
13. NEW BUSINESS
RESOLUTION NO. R-94-66 - Designate Hardee Oak
an Historic Tree (city Clerk Transmittal dated
11/30/94, R-94-66)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, DESIGNATING THE "HARDEE OAK TREE"
(QUERCUS VIRGINIANA) LOCATED ON MAIN STREET BETWEEN
U.S. HIGHWAY ONE AND INDIAN RIVER DRIVE AS AN
HISTORIC TREE IN ACCORDANCE WITH SECTION 20A-14.4 OF
THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
4
94.292/
93.196
94.029
Consider Amendment to Schedule "B" of Airport
Lease between Charles Clay Price and City of
Sebastian (City Manager Transmittal dated
12/1/94, Second Addendum to Lease)
Charles Clay Price Request to Enter Into New
Sublease with Skydive Sebastian, Inc./Andrew J.
Grimwade (city Manager Transmittal dated
11/30/94, 11/28/94 Price Letter, Proposed
Sublease, 10/3/94 Van Antwerp Letter, 1/26/94
Minutes Excerpt)
14. CITY COUNCIL MATTERS
15.
16.
17.
A. Mr. Frank Oberbeck
B. Mayor Arthur Firtion
C. Vice-Mayor Carolyn Corum
D. Mrs. Norma Damp
E. Mr. Robert Freeland
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
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.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
7, 0¢-~I_G,~~~ ~SHEET
DECEMBER ~ 1994 REGULARCITY COUNCIL MEETING
(Use this form ONLY for presentation of NEW matters NOT on the
prepared agenda.
ADDRESS: ~.~ .e~.
suBJEcT: /3: //a ~ ¥ a/.; ~:'//t/~u~ .fl,
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
QUASI-JUDICIAL HEARING SIGN-UP SHEET
DECEMBER 7, 1994
94.248 B.
ORDINANCE NO. O-94-13_- Airport Rezoning
(Director of Community Development Transmittal
dated 11/29/94, O-94-13)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY
LOCATED AT THE SEBASTIAN MUNICIPAL AIRPORT FROM IN (INDUSTRIAL
DISTRICT) TO AI (AIRPORT AND INDUSTRIAL FACILITIES DISTRICT);
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
Please use this form onl~ for input on the above public hearing
item.
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
QUASI-JUDICIAL HEARING SIGN-UP SHEET
DECEMBER 7, 1994
94.260 A.
Indian River Tree Recycling ~nd Mulch - Request
fo__~r Special Use Permit
Please use this form onlY. for input on the above
item.
public hearing
NAME:
ADDRESS:
· NAME:
ADDRESS: [~7~9 ~W FA_'-;' t ~~,
ADDRESS: ~ J
ADDR!~SS '
NAME:
ADDRESS:
~AME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET
DECEMBER 7, 1994 REGULAR MEETING
Use this form ONLY for input on items on the pre~ared agenda
EXCEPT FOR P~BLIC HEARINGS which have their own signup sheets.
Speakers will address City Council immediately prior to the
deliberation of the item by the City Council (R-93-19)
ADDRESS : .-~ ~ ~' ~?:6'~Y/(: ~/'~, /'~
ITEM NO :
SUBJECT :
NAME :
ADDRESS :
ITEM NO :
SUBJECT :
NAME :
ADDRESS :
ITEM NO :
SUBJECT :
NAME :
ADDRESS :
ITEM NO :
SUBJECT :
City of Sebastian
1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 7, 1994 - 6:00 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.
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
Mayor Firtion called the Regular Meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
3. Moment of silence for Pearl Harbor Day.
4. ROLL CALL
City Council
Present:
Mayor Arthur Firtion
Vice Mayor Carolyn Corum (6:25 p.m.)
Mrs. Norma Damp
Mr. Robert Freeland
Mr. Frank Oberbeck (6:12 p.m.)
Staff Present:
city Manager, Joel L. Koford
City Clerk, Kathryn M. O'Halloran
City Attorney, Clifton A. McClelland,
Director of Community Development,
Bruce Cooper
Deputy City Clerk, Sally Maio
Jr.
Regular City Council Meeting
December 7, 1994
Page Two
94.284
94.285
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
The City Manager requested tabling item 9C to
the December 21, 1994 regular meeting. City Council
concurred.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Presentation o__f Plaque - Edwin Gilcher - Past
Chairman ~ Emergency Management Committee - 7/91
to 11/94
Mayor Firtion presented a plaque to Edwin Gilcher and
Mr. Gilcher addressed City Council.
B. Proclamation - Arbor Day - 1/20/95
Mayor Firtion said he had intended to have Vice Mayor
Corum read the proclamation but since she had not yet
arrived he placed the proclamation into the record.
Mayor Firtion opened the quasi-judicial hearing on
Indian River Tree Recycling and Mulch at 6:05 p.m and
closed it immediately based on city Attorney advise
that, since two City Council members were not as yet
present, both quasi-judicial matters be passed over
until their arrival.
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
David Costa, 499 Concha Drive, Sebastian, requested
City assistance with piping his side culvert to
enable him to maintain his yard.
The city Manager responded that the side culvert
referred to is actually frontage on a corner lot and
due to a narrow width the incline is steep. He
said the codes have no provision for pipe in a swale
abutting a street and that he had advised Mr. Costa
to contact his contractor to redesign the slope.
It was the consensus if City Council that the slope
be regraded and Mr. Costa was advised to meet with
the Director of Community Development.
Regular city Council Meeting
December 7, 1994
Page Three
94.260
Wally Kramer, Micco, urged City Council to address
the scrub jays issue; and urged taxpayers to attend
indian River County Commission meetings.
Walter Barnes, 402 Azine Terrace, Sebastian,
urged adoption of new codes relative to building
conditions.
7. QU~SI-JUDICIAL HEARIN~
Procedures for Quasi-Judicial Hearings as Follows
(in accordance with R-94-54):
- Mayor Opens Hearing
- Clerk Administers Oath
- Staff Presentation
- Affected Parties May Question Staff
- Applicant's Presentation - 15 Minutes
- Proponents' Presentation - 3 Minutes*
- Inquiry of Applicants
- Opponents' Presentation - Affected 15 Minutes -
Other 3 Minutes*
- Inquiry of Opponents
- Informational Testimony - 3 Minutes*
- Inquiry of Informational Witnesses
- Mayor Closes Public Information Period
- Staff Response and Summary
- Applicant's Rebuttal - 10 Minutes
- Board and Staff Inquiry
*If representing group of 5 or more - may take up to
10 minutes
Indian River Tree Recycling and Mulch - Request
for Special Us__ge Permit (Director of Community
Development Transmittal dated 11/29/94,
Application, 10/10/94 P & Z Memo, 8/30/94 Dietz
Memo, 8/5/94 Boling Memo, 8/3/94 Petty Memo,
8/2/94 Johns Memo, Plans Under Separate Cover)
Mayor Firtion opened the quasi-judicial hearing at
6:25 p.m.
Regular city Council Meeting
December 7, 1994
Page Four
The City Attorney advised City Council on its role in
the quasi-judicial hearing and in response to Mr.
Freeland questions.
The City Clerk administered an oath to all those who
intended to give testimony.
The Director of Community Development presented
staff's recommendation for the requested special use
permit for a mulch facility in the industrial zoning
district in Vickers Grove Subdivision; read from
Section 20A-2.6 of the Land Development Code criteria
for special use permit approval; stated that,
subsequent to its hearing, Planning and Zoning
recommended approval for five years subject to
meeting requirements of the noise ordinance, Fire
Department and submission of a site plan pursuant to
Article X of the Land Development Code; reiterated
recommendations from other staff members,
other governmental agencies and consulting engineer
Horry Johns as submitted in the agenda packet;
recommended an emergency access be provided to the
north onto Concord Avenue with a vegetative buffer or
crash gate and that an additional earth berm be
installed on the north side adjacent to the Sebastian
Highlands.
Theresa Adams, 382 Concord Avenue, Sebastian,
inquired whether staff had requested an EPA package
and the Director of Community Development responded
he had spoken with Mr. Sembler's office but had been
advised that there was nothing specific that he could
obtain from them.
Mr. Oberbeck expressed concern for the difference in
dates on plans submitted to various agencies during
the review process. The Director of Community
Development said there are no substantive revisions
on any later plans.
TAPE I - SIDE II (6:47 p.m.)
Victor Williams, 358 Concord Avenue, Sebastian,
inquired about the proposed location of the operation
and mulch piles. The Director of Community
Development pointed to the locations on the overhead,
and said the distance from the stockpile area to
Concord Avenue was approximately 200 feet.
Regular City Council Meeting
December 7, 1994
Page Five
Attorney Warren Dill, representing applicant Henry A.
Fischer and Sons, Inc. and Indian River Tree
Recycling and Mulch, requested more than 15 minutes
for his presentation. The City Attorney advised that
the resolution requires the applicant to make his
request for additional time to City Council. It was
the consensus of City Council to extend the
applicant's time to 45 minutes at this time.
Mr. Dill presented the applicant's request for a
special use permit to operate a temporary mulching
facility for five years on a site zoned industrial;
said the use is not intended as permanent; presented
the site plan; reiterated Planning and Zoning
recommended approval; said the proposed use meets
applicable technical requirements of the Land
Development Code as well as requirements of a special
use permit; objected, for the record, to the type of
requirements found in Section 20A-2.6 because the
section contains undefined standards; said that the
facility will meet and be below~the city's noise
standards; said Fire and Police Department concerns
will be met; and explained the function and benefit
of the mulch facility.
Randy Mosby, Mosby and Associates, testified to his
background and education; further identified the site
location and the function of the proposed facility;
stated that debris piles are approximately 600 feet
from Concord Avenue although there is a topsoil pile
at a distance of 400 feet; read industrial zoning
district criteria from the Land Development Code and
said this use is compatible with other uses allowed
in the industrial district and meets the intent and
purpose of the industrial district.
Mr. Dill submitted Land Development Code Sections
20A-3.14 and 20A-2.5 to the City Clerk as Exhibit #1,
and page 2 of 2 of the site plan dated 12/7/94 as
Exhibit #2. The city Attorney advised that all
exhibits be submitted to the City Clerk and said that
all documents submitted to City Council in its agenda
packet will also be a part of the record.
5
Regular City Council Meeting
December 7, 1994
Page Six
Mr. Mosby continued his testimony commenting on Fire
Department letters dated August 9, 1994 and November
21, 1994, Horry Johns memo dated August 2, 1994,
Chief Petty memo dated August 2, 1994, Bruce Cooper
memo dated August 1, 1994 and letter dated August
10, 1994, Randy Mosby letters dated August 24, 1994
and November 25, 1994, and Stan Boling letter dated
August 5, 1994.
Mr. Mosby stated the nearest home within the city of
Sebastian to the mulching equipment is approximately
600 feet, however, there are homes in Whispering
Palms which are approximately 350 feet from the mulch
debris piles and another 50 feet to the equipment.
Mr. Mosby said no state or county permits are
required for this type of facility and reviewed the
traffic study his firm conducted.
Mr. Dill presented sheet 1 of 2 of the site plan as
Exhibit #3.
The City Attorney advised Mayor Firtion that he must
rule on whether exhibits can be entered into
evidence and, if applicable, City Council members may
overrule that decision. Mayor Firtion received the
documents into evidence and there was no objection.
Mr. Mosby presented a cross section exhibiting the
view from east to west, and stated, in his opinion,
residents from Whispering Palms will not see the
debris piles.
Mr. Dill submitted the letters previously referred to
by Mr. Mosby into evidence collectively as Exhibit #4
(see previous page for list). Mayor Firtion received
the documents into evidence and there was no
objection.
Mr. Mosby stated, in his opinion, the facility will
have no detrimental effect on the public health,
safety and welfare nor will it be detrimental or
injurious to other property or improvements in the
immediate vicinity, nor are there any technical
reasons why the permit for five years should not be
granted.
Vice Mayor Corum inquired whether graphics were
prepared exhibiting views from areas of Sebastian.
Mr. Mosby said there were not and that no berm is
planned between the lake and debris piles.
Regular City Council Meeting
December 7, 1994
Page Seven
TAPE II - SIDE I (7:36 p.m.)
Mr. Oberbeck expressed concern about the lack of
separation between mulch piles and use of mulching
product for construction of the berm.
victor Williams, 358 Concord Avenue, Sebastian,
inquired about the location and consistency of the
berm. Mr. Mosby responded that the berm will not be
sodded.
Mayor Firtion called recess at 7:40 p.m. and
reconvened the meeting at 7:48 p.m. Ail members were
present.
Mayor Firtion called for a 15 minute extension for the
applicant's presentation. City Council concurred.
Robert Walker, Indian Lane, Veto Beach, Empire
Engineering and Testing, Vero Beach, testified to his
background and qualifications for sound measurements.
Mr. Walker reviewed the results of a noise study
he had conducted from four separate locations at the
proposed facility and stated that the decibel levels
were below the maximum allowed by City Code at each
site and will be lower still once the berm is
installed.
Mr. Walker read from his letter to and response from
Department of Environmental Protection (DEP) relative
to any required permitting for this type of facility
and said he had received a fax today from DEP stating
that the equipment does not require an air pollution
permit. He then read from Florida Administrative
Code for the DEP Sections 17-709.100, 17-709.200 (15)
and 17-709.300 (10). Mr. Dill introduced into
evidence letters and fax referred to, noise report
and sections of the Florida Administrative Code
collectively as Exhibit #5. Mayor Firtion received
the documents into evidence and there were no
objections.
The Director of Community Development inquired as to
specific test results. Mr. Walker said the result
was 62.64 dba for Whispering Palms and 62.49 dba for
Concord Avenue.
7
Regular city Council Meeting
December 7, 1994
Page Eight
The Director of Community Development said the Land
Development Code requires a maximum threshold of 50
dba for residential zoning districts. He read from
Section 20A-7.4 regarding maximum permitted sound
levels and commented that adjacent residential zoning
maximum is 50 dba from 7:00 a.m. to 7:00 p.m.
Mr. Walker stated that the level at the Concord
location without the equipment running was 53.65 dba
and at the Gilson Avenue location it was 55.39 dba.
He stated, in his opinion, the machine in operation
exceeds 50 dba.
At 8:13 p.m. Mayor Firtion extended the applicant's
presentation time another 15 minutes.
Mr. Walker continued his testimony.
A lengthy discussion continued on noise levels and
interpretation of the Land Development Code relative
to allowed noise levels.
Mr. Walker said he was not certified in sound
readings.
Mayor Firtion called recess at 8:30 p.m. and
reconvened the meeting at 8:35 p.m. Ail members were
present.
TAPE ii - SIDE II (8:35 p.m.)
Victor Williams, 358 Concord Avenue, Sebastian,
addressed City Council on noise levels.
Mr. Walker's testimony continued.
Charles Cramer, 10729 U.S 1, Sebastian, employee of
Henry A. Fischer & Sons, submitted photographs of two
locations of the site and one off-site. The
photographs were entered into the record as Exhibit
#6. Mayor Firtion allowed them into the record.
Mr. Cramer continued his testimony relative to
construction of berms and condition of the mulching
equipment.
City Council inquiries followed.
Regular City Council Meeting
December 7, 1994
Page Nine
Victor Williams, 358 Concord Avenue, Sebastian,
inquired whether the equipment produces dust and Mr.
Cramer said it did not produce much.
Mr. Dill submitted excerpts of minutes of a previous
City Council hearing relative to the Fey request for
special use permit for a mulching facility. Mayor
Firtion accepted the submittal.
MOTION by Oberbeck/Corum
I'm going to move to the fact that that is
irrelevant to this particular case, what happened in
Mr. Fey's case I don't feel should be presented as
the evidence tonight in this case, I think we should
weigh our decision on the evidence presented to us in
this particular case.
Discussion followed.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - nay
Mr. Freeland - aye
Mr. Oberbeck ~ aye
Mayor Firtion - aye
MOTION CARRIED 4-1 (Damp - nay)
Theresa Adams, 328 Concord Avenue, Sebastian,
expressed concern for lack of fence around the site,
and the process used for curing and drying, and
traffic.
Victor Williams, 358 Concord Avenue, Sebastian,
expressed concern for his property value.
TAPE III - SIDE I (9:23 p.m.)
Harry Thomas, 654 Balboa Street, Sebastian, commented
negatively on the project.
Mayor Firtion called recess at 9:28 p.m. and
reconvened the meeting at 9:33 p.m. Ail members
were present.
A1 Vilardi, 445 Georgia Boulevard, Sebastian,
commented negatively on the project.
Walter Barnes, 402 Azine Terrace, Sebastian,
objected based on noise concerns and the similarity
of the facility to a junkyard as defined in the LDC.
9
Regular city Council Meeting
December 7, 1994
Page Ten
Mr. Dill cross-examined Mr. Thomas, Mr. Vilardi and
Mr. Barnes.
Mr. Freeland inquired whether Mr. Barnes discussed
this matter with any City Council and Mr. Barnes
responded in the affirmative. The City Attorney
advised that it is Mr. Barnes' decision whether to
disclose the name because he is not under subpoena
and Mr. Barnes said he had spoken to Mrs. Damp.
Sal Neglia, 461 Georgia Boulevard, Sebastian,
commented negatively on the project.
Mr. Freeland inquired whether Mrs. Damp gave Sal
Neglia, Harry Thomas and Mayor Firtion a memo
damaging to Mr. Fey during the Fey mulch hearings and
recommended that Mrs. Damp be removed from this
matter.
The city Attorney advised that if a substantially
affected party believes that a member has been
prejudicial they can move to have the member removed
or ask the member to excuse themselves from voting.
Mr. Dill cross-examined Mr. Neglia.
Mayor Firtion closed the hearing at 10:07 p.m.
The Director of Community Development reiterated
Planning and Zoning Commission recommendation.
Mr. Dill readdressed the noise issue inquiring
whether there is any provision in the LDC requiring,
in the case of a special use, compliance with
required noise levels in advance of the use.
Mayor Firtion ruled that Mrs. Damp need not
disqualify herself.
TAPE III - SIDE II (10:15 p.m.)
Mr. Freeland reiterated his request for Mrs. Damp to
step down.
Mr. Barnes. stated he did not believe Mrs. Damp tried
to change his mind.
Mayor Firtion called recess at 10:20 p.m. and
reconvened the meeting at 10:26 p.m. Ail members
were present.
10
Regular City Council Meeting
December 7, 1994
Page Eleven
Mayor Firtion called for an extension of the meeting.
MOTION by Corum/Oberbeck
I'd like to make a motion for this item before
us to be tabled, have the City bring in a noise
expert at the applicant's expense.
The City Clerk began the roll call and Mr. Dill
strenuously objected to the motion.
The City Clerk and City Attorney recommended tabling
to a time certain.
Vice Mayor Corum and Mr. Oberbeck changed the motion
to "postpone" rather than "table".
ROLL CALL:
Mrs. Damp - nay
Mr. Freeland - nay
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - nay
MOTION FAILED 2-3 (Damp, Freeland, Corum - nay)
MOTION by Corum/Damp
I make a motion to extend the meeting 30 minutes.
ROLL CALL:
Mr. Freeland - nay
Roll call was discontinued for lack of unanimous
vote and the meeting was adjourned at 10:30 p.m.
No other items on the agenda were addressed.
ka%hry~ M. O'Halloran, CMC/AAE
City Clerk
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Arthur L. Firtion, Mayor
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