HomeMy WebLinkAbout12161987L. Gene Harrig
Mayor
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978-0127
TELEPHONE (305) 589-5330
Kathryn M. O'Halloran
City Clerk
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, D~[BER 16. 1987 ~ 7:00 ~
CITY COUNCIL QHAMBERS
1225 ~ STREET, SEBASTIAN, FLORIDA
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.
1. Mayor Harris called the meeting to order at 7:00 P.M.
2. Councilman Vallone led the Pledge of Allegiance.
Invocation was given by Reverend Thurman Rivers Jr.,
Roseland United Methodist Church.
4. ROLL CALL
Present:
Councilman Robert McCarthy
Councilman Peter Vallone
Councilman George Metcalf
Mayor L. Gene Harris
Attorney Thomas C. Palmer
Ab sent:
Vice Mayor Kenneth Roth (excused)
5. PROCLAMiATiONS AND/OR ANNOUNCEMENTS
Mayor Harris requested that a Resolution allowing bars to
remain open until 3:00 A.M. on New Year's Eve be added to
the agenda.
MOTION by McCarthy
I move we place on this agenda a Resolution allowing
bars to remain open until 3:00 A.M. on New Year's Eve.
1
12/16/87
MOTION died for lack of a second.
Mayor Harris said the bars would close at 1:00 A.M.
MOTION by Vallone/Metcalf
I move we move item 87.302 Alcoholics Anonymous to
the first item after the Public Hearing.
ROLL CALL:
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED.
Mayor Harris presented a plaque to George Schum for his
participation in the Christmas Parade for the past two
years as Santa Claus.
Mayor Harris presented gifts to Debbie West and Sally
Maio for their organization of the Christmas Parade.
6. BID OPENING
3/4 Ton Standard Pickup Truck ~ Vehicle
Maintenance
Attorney Palmer opened the one bid from Don Reid Ford
in the amount of $9849.00 and announced that this was
the State Contract price.
MOTION by Vallone/Metcalf
I move we refer the one bid from Don Reid Ford
for $9849.00 for 3/4 pickup truck to staff for review
and recommendation to Council.
VOICE VOTE:
Councilman McCarthy - .Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED.
7. PUBLIC HEAP~INGL FINAL ACTION
(Comments from County - Copied to Council - 12/10/87)
12/16/87
87.055
87.055
A. ORDINANCE ~ 0-87-25 (Final Action)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
AMENDING THE COMPREHENSIVE PLAN DESIGNATION FROM
INDIAN RIVER COUNTY MD-1 (MEDIUM DENSITY
RESIDENTIAL ONE) TO INSTITUTIONAL (INS) FOR A A
PARCEL OF PROPERTY IN THE A.A. BERRY SUBDIVISION,
WEST OF U.S. HIGHWAY ~1 AND EAST OF DALE STREET,
IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, COMPRISING APPROXIMATELY 2.65 ACRES;
PROVIDING AN EFFECTIVE DATE. (lst Reading
10/28/87, Advertised 12/2/87 & 12/11/87, 1st
Public Hearing 12/9/87, 2nd Public Hearing
12/16/87)
B. QRDINANCE NO. 0-87-24 (Final Action)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
REZONING FROM COUNTY ROSE 4 TO PUBLIC SERVICE
(PS) A PARCEL OF PROPERTY IN THE A.A. BERRY
SUBDIVISION, WEST OF U.S. HIGHWAY ~1 AND EAST OF
DALE STREET, IN THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, COMPRISING APPROXIMATELY
2.65 ACRES; PROVIDING AN EFFECTIVE DATE. (lst Reading
10/28/87, Advertised 12/4/87, Public Hearing
12/16/87)
Attorney Palmer read Ordinance No. 0-87-25 by title
only.
Attorney Palmer read Ordinance No. 0-87-24 by title
only.
Mayor Harris opened the Public Hearing at 7:10 P.M.
and called for public input.
Fred Mensing recommended adoption of the Ordinances.
Mayor Harris closed the Public Hearing at 7:12 P.M.
MOTION by Metcalf/Vallone
I move we adopt Ordinance No. 0-87-25 as read
by the City Attorney by title only.
Discussion took place on the letter from Bob Keating
of Indian River County.
Mayor Harris said Mr. Keating's letter brought to
Council's attention that this new zoning may create a
traffic problem in the current Rose-4 zone. He said
there had been no complaints from surrounding
property owners at this public hearing.
12/16/87
87.302
Councilman Vallone said in the future the City should
work closely with the County.
Rene Van de Voorde, counsel for the applicant, gave
Council an idea of the varied permitted uses in Rose-
4 zoning.
Councilman McCarthy asked Attorney Van de Voorde if
this would be spot zoning or create an enclave.
Attorney Van de Voorde said it would not be spot
zoning and the concept of an enclave is considered in
an annexation.
ROLL CALL:
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED.
MOTION by Vallone/McCarthy
I move we adopt Ordinance No. 0-87-24 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.
Request from Alcoh_0%ic$ A~onymous m Waive~ of
Increase in F~e ~Qr Y~c~ Clllb m Previously
Donated $25.00 per Month
Bill Dalrymple said that in lieu of the fact that
Alcoholics Anonymous provides a public service and
can accept no money they be granted a fee waiver to
$25.00 per month donation and further requested that
they be allowed to conduct a day session as well as a
night session.
MOTION by Vallone/McCarthy
I move we grant the request of Alcoholics
Anonymous to waive the fee for Yacht Club
increase, to set fee at $25 per month for night
session and $25 per month for day session.
12/16/87
87.294
87.295
ROLL CALL:
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED.
THE FOLLOWING ITEMS WERE NOT ADRESSED AT THE DECEMBER
9, 1987, MEETING DUE TO LACK OF TIME:
ae
Hir~ M~. Lloyd Rondeau aS Airport Dir~tQ~ of
Sebastian MuDicipal ~%irport - Councilman McCarthy
Lloyd Rondeau requested that Councilman McCarthy
withdraw his request to hire him as Airport Director.
Councilman McCarthy withdrew the request.
B. ~IRPQRT ADVISQRY BOARD
Recomm~B4atiQn ~ Advertise for Bids ~0 Remove
15,000 Gallon Per Day Stee~ Wa~e Water
Treatment Plant Tankage Presently ~to~ed oB
Airport Property
Councilman McCarthy questioned the intent of the
memo from the Airport Advisory Board. Mayor
Harris said the tankage was being offered for
sale.
MOTION by McCarthy/Metcalf
I move we accept the recommendation of the
Airport Advisory Board and advertise for sale of
the Waster Water Treatment Plant Tankage in local
newspapers.
The City Clerk with the concurrence of the
Council said she would also advertise in the
Florida League of Cities Paper.
ROLL CALL:
Councilman Vallone - Aye
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Mayor Harris - Aye
MOTION CARRIED.
Earl Masteller said since the tankage is owned by
the City the proceeds would go to the taxpayers.
12/16/87
87.279
87 .~9~
C. RESOLUTION NO. R-87-82
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
REPEALING RESOLUTION NO. R-82-2 AND ADOPTING A
NEW FEE SCHEDULE, A NEW APPLICATION FORM, AND A
NEW INFORMATION SHEET FOR THE BOARD OF
ADJUSTMENTS.
Attorney Palmer read Resolution No. R-87-82 by
title only.
Attorney Palmer recommended setting fees for a
variance and appeal at $100 as noted in the first
draft Council had received.
The Building Official said although he had
requested $100 for a variance and $60 for an
appeal at a previous meeting he now agreed with
the City Attorney.
MOTION by Metcalf/Vallone
I move we adopt Resolution No. R-87-82 as
amended by the City Attorney making all
application fees for the Board of Adjustment
$100 as in draft one.
ROLL CALL:
Councilman Vallone - Aye
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Mayor Harris - Aye
MOTION CARRIED.
Instruc~ Attorney Palmer t0 D[aft Res01utio~ to
gQ tO Referend~l i~ ~ ~Q Increase Council
Salari~ ~ ~50 Per ~Qn~ (Tki$ was D~Dvided for
in the ~987/88 Fi~l Y~a~ Bud~)
Attorney Palmer had drafted an Ordinance for first
reading Ordinance No. 0-87-32.
Attorney Palmer read Ordinance No. 0-87-32 by title
only.
MOTION by Metcalf/Vallone
I move we accept the 1st reading of Ordinance
0-87-32 and set it for public hearing on January 13,
1987.
Councilman Metcalf said he would prefer to have
salaries effective the day after the election and not
retroactive.
12/16/87
Mayor Harris said the section on the Mayor's salary
had to be amended since it had been set out by
Resolution No. R-87-04.
Councilman McCarthy said only Council and not the
Vice Mayor should be increased since the Vice Mayor
is paid $35 a day in his capacity as Acting Mayor and
otherwise does nothing different than Council.
He said he would not vote for the motion if the Vice
Mayor's increase was left in the Ordinance.
MOTION by Vallone/Metcalf
I move we amend the motion as stated by the City
Attorney as follows: strike "Mayor" from title,
remove Section I (1), add "This amendment does not
increase the Mayor's salary" at the end of Section I,
strike "Mayor" from all of Section II, strike Section
V (1) (a), add in Section VIII "The raises, if passed
by the voters, shall become effective on March 9,
1988.
ROLL CALL:
AMENDMENT
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED.
ROLL CALL:
MOTION
Councilman Vallone - Aye
Councilman Metcalf - Aye
Councilman McCarthy - Nay
Mayor Harris - Aye
MOTION CARRIED.
9. COMMITTEE REPORTS
None.
10. PUBLIC INPUT ON AGENDA ITEMS
Mayor Harris opened the public input at 7:58 P.M.
George Schum requested that item 87.300 Parks and
Recreation Open Letter be moved up.
MOTION by Vallone/Metcalf
I move we move item 87.300 Open Letter from Parks and
Recreation to the first item under New Business.
7
12/16/87
ROLL CALL:
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED.
Earl Masteller said he regretted the withdrawal of hiring
of Lloyd Rondeau as Airport Director. He also
complimented the Mayor on his letter to Post, Buckley and
suggested that comments on slurry seal be added.
Lloyd Rondeau recommended use of slurry seal instead of
overlay.
Mayor Harris closed the public input at 8:08 P.M.
11. ¢ON~ENT AGENDA
Approve Minutes - 11/18/87 Regular Council,
12/2/87 Regular Council, 12/9/87 Council Workshop
Councilman Metcalf requested that the 11/18/87 minutes by
pulled from the Consent agenda.
MOTION by McCarthy/Metcalf
I move we approve the 12/2/87 Regular Council and
12/9/87 Workshop minutes as presented.
VOICE VOTE:
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED.
Councilman Metcalf requested a clarification of page 6 of the
11/18/87 minutes regarding existing lights at the airport.
MOTION by Metcalf/Vallone
I move we approve the 11/18/87 Regular Council minutes
as presented.
VOICE VOTE:
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED.
87.074
87.284
~7.084
12. OLD BUSINESS:
At
Action on Letter tQ Post, Buckley -- Airpgj~t
Master Plan ~ M~yQr Harris
MOTION by Metcalf/Vallone
I move we refer the letter to Post, Buckley to
the Airport Advisory Board for their review and
recommendation to Council.
ROLL CALL:
Councilman McCarthy - Nay
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Nay
MOTION TIED (NO VOTE)
Mayor Harris said this item would carry over to the
January 1988 workshop.
Bt
Council/Manager --City MaL!a~e~ Responsibilities -
P~rmission to Send Letter ~o Pete Kl%Qw],es
~ CQ~n~iJJ~an Metcalf
MOTION by Metcalf/Vallone
I move we approve the request of Councilman
Metcalf to send a letter to Pete Knowles requesting
input on City Manager responsibilities.
Councilman Vallone then said he knew of no reason why
Councilman Metcalf needed permission from Council to
send a letter.
Councilman Metcalf withdrew his motion and said he
would send letter and report back to Council.
13. MAYOR'S MATTERS
Mayor Harris instructed the City Clerk to try to schedule
interviews with two architectural firms for the police
facility beginning at 3:00 P.M. any day of the week, but
preferably not Wednesday.
Councilman McCarthy said since the original choice of C.E.
Block was his first choice he would not be available for
these interviews.
Mayor Harris instructed the City Clerk to request the
Police Department to begin background checks on the top 10
applicants for City Manager as chosen by the Screening
Committee.
87.300
87.289
14. COUNCIL MATTERS
Councilman Vallone thanked Jerry Thomas for cleaning up
the bench and property at the Chamber of Commerce.
Councilman Metcalf requested information from the Building
Official on the documentation grandfathering the trailers
at Chesser Gap. The Building Official said a letter would
be hand delivered the following morning instructing that
the trailer be removed.
Mayor Harris informed Council that a great deal of
vandalism is taking place at Schumann Field and that
something needed to be done to curb it.
15. CITY ATTORNEY MATTERS
None.
16. NEW BUSINESS
Presentation ~ QD_~/1 Letter from Parks and
Recreation tO_ ~_i~ Council
Nate McCollum read an open letter from Parks and
Recreation to the City Council requesting an apology
for remarks made about them at a previous Council
meeting.
Councilman McCarthy suggested that Parks and
Recreation send a copy of their minutes to Council
members.
Mayor Harris said he had a problem with Parks and
Recreation not submitting backup information with
their recommendations to Council and requested that
minutes be provided to Council.
Mayor Harris called a recess 9:23 P.M. and recalled
the meeting at 9:30 P.M. All members present at
recess were present at recall.
0RDIi~bNCE NO, 0-87-30 (First Reading, Set Public
Hearings 1/13/87 and 1/27/87)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
AMENDING THE COMPREHENSIVE LAND USE PLAN
DESIGNATION FROM COMMERCIAL OFFICE RESIDENTIAL
DISTRICT (COR) TO GENERAL COMMERCIAL (CG)
SEVENTEEN (17) PARCELS OF REAL PROPERTY IN THE
A.G. ROSE SUBDIVISION AND THE SCHOOL PARK
SUBDIVISION, NORTH OF MAIN STREET, WEST OF THE
10
87.289
87.003
FEC RAILROAD RIGHT-OF-WAY, AND EAST OF CITY HALL,
IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, COMPRISING APPROXIMATELY 2.77 ACRES;
PROVIDING AN EFFECTIVE DATE.
MOTION by Metcalf/McCarthy
i move we accept the first reading of Ordinance
No. 0-87-30 and set it for public hearing on January
13 and 27, 1988.
VOICE VOTE:
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED.
Be
ORDINANCE NO. 0-87-31 (First Reading, Set Public
Hearing 1/27/87)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
REZONING FROM FROM COMMERCIAL OFFICE RESIDENTIAL
DISTRICT (COR) TO GENERAL COMMERCIAL (CG)
SEVENTEEN (17) PARCELS OF REAL PROPERTY IN THE
A.G. ROSE SUBDIVISION AND THE SCHOOL PARK
SUBDIVISION, NORTH OF MAIN STREET, WEST OF THE
FEC RAILROAD RIGHT-OF-WAY, AND EAST OF CITY HALL,
IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, COMPRISING APPROXIMATELY 2.77 ACRES;
PROVIDING AN EFFECTIVE DATE.
MOTION by Metcalf/McCarthy
I move we accept the first reading of Ordinance
No. 0-87-31 and set it for public hearing on January
27, 1988.
VOICE VOTE:
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED.
Proposed ResolutioD S~b~tted to the City ~
Indian R~v~r QDuntv Re: NQ]~b ~QUD~t~Y S~W~r System
a %~torney Palmer -~esglu~ion NQ. ~-87-8~
MOTION by Metcalf/McCarthy
I move we adopt Resolution No. R-87-85 as read by
the City Attorney.
Lisa Abernathy, County Public Utilities and Earl
Masteller, Engineer answered questions from Council.
11
87.257
87.296
ROLL CALL:
Councilman Vallone - Aye
Councilman McCarthy - Aye
Councilman McCarthy - Aye
Mayor Harris - Aye
MOTION CARRIED.
RESOLUTION NO. R-87-~4
A RESOLUTION OF THE CITY OF SEBASTIAN,
FLORIDA, VOLUNTARILY JOINING AND APPROVING THE
INDIAN RIVER COUNTY DEPENDENT SPECIAL DISTRICT
FOR SOLID WASTE DISPOSAL.
MOTION by Metcalf/Vallone
I move we adopt Resolution No. R-87-84 as read by
the City Attorney and contingent upon receipt of the letter
to the Board of County Commissioners stating that ERU is
based on square footage of buildings not land area.
ROLL CALL:
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED.
E. ~ ~Q~RSE
1. R~qu~$~ to ~ -- Greensmower. Greens Ae_r~ko[
and Fringe MQw~r
MOTION by Vallone/McCarthy
I move we approve the request of the Golf
Course and go to bid on Greensmower, Greens
Aerator and Fringe Mower.
ROLL CALL:
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED.
Appoint Committee to Negoti~9 with Lloyd and
Associat~ ~ Mayor Harris
Mayor Harris appointed Councilman Metcalf to the
Negotiating Committee along with the Finance Director
and Building Official.
Councilman Metcalf requested that the Finance
Director take care of scheduling negotiations.
12
87.298
87
G. CONSTRUCTION BOARD
Recommendation - Appoint ~ Laman (General
Contractor Alternate) to G~Ber~al Contractor
Full Time Position - Term ~Rime 10/gQ
MOTION by Vallone/Metcalf
I move we accept the recommendation of the
Construction Board and appoint John Laman to the
full time General Contractor position with term
expiration in October 1990.
VOICE VOTE:
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED.
Recommendation -_ AppoiBt ~i¢llael Capp to Fill
Unexpired General Contractor Alternate
P~it~iQn - Term Expire 10/88
MOTION by Metcalf/Vallone
I move we accept the recommendation of the
Construction Board and appoint Michael Capp to
the unexpired General Contractor alternate
position with term expiration in October 1988.
VOICE VOTE:
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED.
R~Q3~B~[atiDR - Appoin~ Davi~ Greenidge to
Fill Unex~$[ed ~onQe~ned Citizen Alternate -
Term Expire 10/88
MOTION by McCarthy/Metcalf
I move we accept the recommendation of the
Construction Board and appoint David Greenidge to
the unexpired Concerned Citizen alternate
position with term expiration in October 1988.
VOICE VOTE:
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED.
13
87.299
87.301
Reques~ from Octavia Brill - Wa%v~ of ~9A-15.6
Sign O~din~ce as it Pertains Go "Open Ho~_9" Signs
-- Memo from Building 0~ic~al
After a lengthy address to Council by Octavia Brill
regarding the need for Open House signs by realtors
and a request to waive these signs from the code of
ordinances, Mayor Harris instructed the Building
Official and the City Attorney to draft something on
this for presentation to Council at the January 6,
1988 workshop. He also requested that they get a
recommendation from the Planning and Zoning Board.
Request from Ann RobiBson~ $~p~rvisor of
Elections ~ Coordinat~ the ~ Election ~n
Conjunction with the Presi~/l~ial Primary
Election L March 8, 1988
MOTION by Metcalf/Vallone
I move we approve the coordination of the City
election in conjunction with the Presidential Primary
Election on March 8, 1988.
VOICE VOTE:
Councilman McCarthy - Aye
Councilman Metcalf - Aye
Councilman Vallone - Aye
Mayor Harris - Aye
MOTION CARRIED.
17. Mayor Harris adjourned the meeting at 10:10 P.M.
Minutes were approved at the Workshop City Council Meeting on
January 13, 1988.
ATTE S T:
14