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Home My WebLink About01251989 , . . . , ,i v O~ "" 0<' ~, \II /iJ ~ ~' ~ '(;>4 c~\Q O>lr~ ., \">"'1- 01' PElIC~'" City of Sebastian POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JANUARY 25, 1989 ~ 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. 1. Mayor Votapka called the meeting to order at 7:03 p.m. 2. Finance Director, Carol Carswell, led the Pledge of Allegiance. 3. Invocation was given by Reverend R. Harold Lee, First Baptist Church of Sebastian. 4. ROLL CALL: Present: Councilman George Metcalf Councilman Robert McCarthy Councilman Peter Vallone Vice Mayor Kenneth Roth Mayor Richard Votapka Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper Assistant Public Works Director, Jerry Thomas Finance Director, Carol Carswell Chief of Police, Earle Petty Deputy City Clerk, Sally Maio Administrative Secretary, Elizabeth Reid 1 . . . 89.007 89.008 89.009 89.010 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) MOTION by McCarthy/Vallone I move we move item 89.013 Fiscal Year 88 Audit Report after the Consent Agenda. VOICE VOTE on the motion carried 5-0. MOTION by Roth/Vallone I move we move item 89.014 Ordinance No. 0-89-02 Train Whistles before the Fiscal Year '88 Audit Report. It was decided that no motion was needed to move items currently on the agenda and Council concurred with the request to move item 89.014 Ordinance No. 0-89-02. MOTION by Roth I move we remove item 89.012 Resolution No. R-89-07 - Set Public Hearing on 2/22/89 for Citizens Complaints on County Sewer Project until the Special Assessment Roll is received from the County. The City Manager explained that the Assessment Roll had been delivered this evening by Terry Pinto, Indian River County utilities Director and encouraged Council to leave this item on the agenda. MOTION died for lack of a second. 6. CONSENT AGENDA - Items Withdrawn from the Consent Agenda will be placed under New Business A. Approve Minutes - 1/11/89 Regular B. Request from Councilman McCarthy for Reimbursement of Expenses for Attendance - National League of Cities Seminar - 2/9 & 2/10/89 C. Resolution No. R-89-02 - Abandonment of Easement - Lots 22 & 23, Block 163, Unit 5, SH D. Resolution No. R-89-03 - Abandonment of Easement - Lots 2 & 3, Block 18, Unit 1, SH E. Purchase Two Single Axle Trucks - Public Works Total - $37,677.00 - State Contract Price County Option Gas Tax Fund F. Request for Community Center - Sebastian Highlands Property Owner's Association - Fee Waiver - "Airport Awareness Program" - 2/7/89 G. Request for Community Center - A/B - Sebastian River Shrine Club 2 88.177 . 88.150 . , H. RESOLUTION NO. R-88-77 - CR 512 & Thoroughfare Plan A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA CONCURRING WITH THE CORRIDOR ANALYSIS FOR COUNTY ROAD 512 AND THE THOROUGHFARE PLAN FOR THE CITY OF SEBASTIAN, FLORIDA AS PREPARED BY KEITH AND SCHNARS, P.A. AND DATED NOVEMBER, 1988; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. I. RESOLUTION NO. R-89-04 - Rural Sanitation (Treasure Coast Refuse) - Rate Increase Public Hearing of 10/26/88 Continued for Written Comment Only A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO GARBAGE SERVICE FRANCHISE; PROVIDING FOR A CHANGE IN THE SHORT TITLE OF THE FRANCHISE; PROVIDING FOR A CHANGE IN THE RATES CHARGED TO RESIDENTIAL CUSTOMERS; PROVIDING FOR A CHANGE IN THE NAME OF THE FRANCHISE GRANTEE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE APPENDIX TO THE CODE OF ORDINANCES OF THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Metcalf removed item (6)(B) 89.007 Request from Councilman McCarthy for Reimbursement of Expenses for Attendance - National League of Cities Seminar - 2/9/89 & 2/10/89 for discussion. It was the consensus of Council that items removed from the consent agenda would be discussed after approval of other consent agenda items and not placed under New Business. MOTION by Roth/Vallone I move we approve Consent Agenda items (A) Approve Minutes - 1/11/89 Regular; (C) 89.008 Resolution No. R- 89-02 - Abandonment of Easement - Lots 22 & 23, Block 163, Unit 5, SH; (D) 89.009 Resolution No. R-89-03 - Abandonment of Easement - Lots 2 & 3, Block 18, Unit 1, SH; (E) 89.010 Purchase Two Single Axle Trucks - Public Works Total - $37,677.00 - State Contract Price County Option Gas Tax Fund; (F) Request for Community Center - Sebastian Highlands Property Owner's Association - Fee Waiver - "Airport Awareness Program" - 2/7/89; (G) Request for Community Center - A/B - Sebastian River Shrine Club; (H) 88.177 RESOLUTION NO. R-88-77 - CR 512 & Thoroughfare Plan; and (I) 88.150 RESOLUTION NO. R-89-04 - Rural Sanitation (Treasure Coast Refuse) - Rate 3 . . , 89.014 Increase (public hearing continued for written comment only from 10/26/88). ROLL CALL: Councilman McCarthy - aye Councilman Metcalf - aye Vice Mayor Roth - aye Councilman Vallone - aye Mayor Votapka - aye MOTION CARRIED 5-0. Councilman Metcalf, regarding item (6)(B) commended Councilman McCarthy on his intent to attend the National League of Cities Seminar. MOTION by Vallone/Roth I move we approve Consent Agenda item (6)(B) 89.007 Request from Councilman McCarthy for Reimbursement of Expenses for Attendance - National League of Cities Seminar - 2/9 & 2/10/89. ROLL CALL: Councilman Metcalf - aye Vice Mayor Roth - aye Councilman Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye MOTION CARRIED 5-0. 11. NEW BUSINESS A. ORDINANCE NO. 0-89-02 - Prohibition of Train Whistles Between 10 P.M. and 6 A.M. First Reading, Set Public Hearing 2/22/89 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REGULATING THE SOUNDING OF RAILROAD TRAIN HORNS BETWEEN CERTAIN HOURS; ADOPTING CERTAIN PROVISIONS OF THE FLORIDA STATUTES PERTAINING TO RAILROAD-HIGHWAY GRADE CROSSINGS; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Nash read Ordinance No. 0-89-02 for the first time by title only. MOTION by Metcalf/Vallone I move we accept Ordinance No. 0-89-02 as read for the first time by title only by the City Attorney and set it for public hearing on February 22, 1989. 4 . . . 89.013 88.084 Councilman McCarthy requested that in the future ordinances be drafted only by majority Council authorization and be placed on workshop agendas for discussion. ROLL CALL: Vice Mayor Roth - aye Councilman Vallone - aye Mayor Votapka - aye Councilman McCarthy - nay Councilman Metcalf - aye MOTION CARRIED 4-1 (McCarthy - nay). Andrew O'Loughlin, representing petitioners, thanked Council for their support of the ordinance. C. Fiscal Year '88 ~ Audit Report Carol Duffey of Dobson, Bjerning and Duffey, presented the 1988 fiscal year audit report. She said that for the first time in fourteen years the city had received an unqualified opinion. Vice Mayor Roth requested the names of those board members and employees who had not filled out financial disclosure forms. Ms. Duffey said she would forward them to him. Ms. Duffey suggested that Council amend Resolution No. R- 88-43 ICMA Retirement Plan which names those covered by the plan, so that only job titles instead of specific names appear. Council thanked Ms. Duffey for the report and Finance Director, Carol Carswell and her staff for their efforts in receiving an unqualified opinion. 7. PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Proclamation ~ Calling Election 3/14/89 ~ Pursuant to Section 4.05 of the City Charter Mayor Votapka read the Proclamation calling the election in its entirety. 8. PUBLIC HEARING, FINAL ACTION A. ORDINANCE NO. 0-88-23 - st. Sebastian PUD Continuation of Public Hearing from 1/11/89 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, TERMINATING THE CONCEPTUAL DEVELOPMENT PLAN PERTAINING TO APPROXIMATELY 316 ACRES OF LAND LOCATED NORTH OF MAIN STREET AND EAST OF THE SEBASTIAN 5 . MUNICIPAL AIRPORT, KNOWN AS THE SAINT SEBASTIAN PLANNED UNIT DEVELOPMENT, WHICH CONCEPTUAL DEVELOPMENT PLAN WAS ADOPTED BY ORDINANCE NUMBER 202- Y, EFFECTIVE ON THE 6TH DAY OF APRIL, 1983; ALSO REPEALING RESOLUTION NO. R-84-43, A DEVELOPMENT ORDER FOR THE SAID LAND AREA, THE SAME BEING A DEVELOPMENT OF REGIONAL IMPACT; PROVIDING AN EFFECTIVE DATE. (1st Reading 5/11/88, Public Hearing 6/8/88, extension to 9/14/88, extension to 11/13/88, extension to 1/11/89, extension to 1/25/89) Attorney Nash explained that to approve Ordinance No. 0- 88-23 would terminate the conceptual development plan for the st. Sebastian PUD and if terminated this would negate the property agreement presented in Resolution No. R-89- 05. Attorney Nash read Ordinance No. 0-88-23 by title only. Attorney Feeney, counsel for Julian Construction, urged Council denial of the ordinance and approval of Resolution No. R-89-05. Mayor Votapka opened the public hearing at 8:23 p.m. There being no input from the public, Mayor Votapka closed the public hearing at 8:24 p.m. . MOTION by Metcalf I move we approve Ordinance No. 0-88-23 st. Sebastian PUD as read by the City Attorney by title only. Councilman Metcalf withdrew his motion upon reiteration by the City Attorney of the status of the property agreement if this ordinance is approved. MOTION by Metcalf/Vallone I move we deny Ordinance No. 0-88-23 st. Sebastian PUD as read by the City Attorney by title only. The City Manager said he was satisfied with the agreement and had signed it but that it must be ratified by City Council. When questioned by Vice Mayor Roth, Attorney Feeney said it was the owner's intention to connect with the County Sewer System when installed and not to build a sewer plant at this time although that is what the conceptual development plan calls for. . ROLL CALL: Councilman Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye Vice Mayor Roth - nay 6 . 88.084 . 89.011 . MOTION CARRIED 4-1 (Roth - nay) B. RESOLUTION NO. R-89-05 - Property Agreement A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE TRANSFER OF REAL PROPERTY; PROVIDING FOR THE TRANSFER OF A PORTION OF THE CURRENT MAIN STREET RIGHT-OF-WAY FOR ANOTHER PARCEL OF LAND IN ORDER TO REALIGN MAIN STREET; EXEMPTING SUCH TRANSFER FROM THE REQUIREMENT FOR AN APPRAISAL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Nash read Resolution No. R-89-05 Property Agreement by title only. MOTION by McCarthy/Vallone I move we adopt Resolution No. R-89-05 Property Agreement as read by the City Attorney by title only. Attorney Nash explained that the necessary deeds have been received from Attorney Feeney, although American Pioneer Savings Bank is not willing to subordinate its interest in the land that is going to be retained by Julian, which means that whatever security interest the city acquires for repayment of the money to realign Main Street is subject to the first mortgage on the property. He said he has requested financial statements for Carl Julian to reassure that he has the financial wherewithal to repay the City for realignment. Attorney Nash advised Council that if they as a body are not satisfied within a reasonable amount of time after approval, with the financial security that Mr. Julian has, they can terminate the agreement. ROLL CALL: Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye Vice Mayor Roth - aye Councilman Vallone - aye MOTION CARRIED 5-0. 9. PRESENTATIONS A. RESOLUTION NO. R-89-06 - One Cent Sales Tax A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, EXPRESSING SUPPORT FOR THE LOCAL OPTION ONE-CENT SALES TAX AUTHORIZED PURSUANT TO CHAPTER 212.055, FLORIDA STATUTES (SUPP. 1988); PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF 7 . . t 89.012 RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. Attorney Nash read Resolution No. R-89-06 by title only. Gary Wheeler, Chairman of the Indian River Board of County Commissioners, explained the need for, results of if imposed and urged support for the local option one cent sales tax. MOTION by Metcalf/McCarthy I move we adopt Resolution No. R-89-06 One Cent Sales Tax as read by the City Attorney by title only. ROLL CALL: Councilman McCarthy - aye Councilman Metcalf - aye Vice Mayor Roth - aye Councilman Vallone - aye Mayor Votapka - aye MOTION CARRIED 5-0. Mayor Votapka called recess at 9:15 p.m. and reconvened the meeting at 9:27 p.m. All members present at recess were present at recall. B. RESOLUTION NO. R-89-07 - Setting Public Hearing on 2/22/89 for Citizens Complaints on County Sanitary Sewer Project A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO SPECIAL ASSESSMENTS FOR SEWER CONSTRUCTION; FIXING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING TO HEAR AND CONSIDER ANY AND ALL COMPLAINTS AS TO A SANITARY SEWER PROJECT TO BE CONSTRUCTED BY INDIAN RIVER COUNTY, FLORIDA, WITHIN THE INCORPORATED LIMITS OF THE CITY AND THE SPECIAL ASSESSMENTS IN LIEU OF IMPACT FEES TO BE ASSESSED IN CONNECTION HEREWITH; PROVIDING FOR NOTICE THEREOF; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Nash read Resolution No. R-89-07 by title only. Terry Pinto, County Utilities Director, explained the voluntary special assessment program. MOTION by Vallone/Metcalf I move we adopt Resolution No. R-89-07 Set Public Hearing on Sanitary Sewer Project as read by the City Attorney by title only and set the public hearing for February 22, 1989. 8 . . . '-- 89.003 ROLL CALL: Councilman Metcalf - aye Vice Mayor Roth - aye Councilman Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye MOTION CARRIED. Terry Pinto said he would supply a half dozen copies of the Assessment Roll to Council. 10. PUBLIC INPUT George Reed, 202 Delmonte Road, expressed his views on the airport referendum and urged Council to consider using airport property for the best interest of all residents of Sebastian. Arthur Lemire, 338 Citrus Avenue, urged Council support for authorization for the City Attorney's written opinion on the airport referendum. Robert McCollum, 501 Durant Street, urged Council to allow all members of the public to speak freely without time limitation during the meeting with the FAA on February 21, 1989 or allow no one to speak at all except Council and the FAA. John Evans, 11555 Roseland Road, urged Council to deny authorization for the City Attorney's written opinion on the airport referendum. 12. MAYOR'S MATTERS A. Request City Council Authorization for City Attorney's Written Opinion on Legality and Constitutionality of Proposed Airport Referendum MOTION by Metcalf/Vallone I move we authorize the City Attorney to give City Council a written opinion on the legality and constitutionality of the airport referendum and utilize the services of an attorney with expertise in aviation law. ROLL CALL: Vice Mayor Roth - nay Councilman Vallone - aye Mayor Votapka - aye Councilman McCarthy - nay Councilman Metcalf - aye MOTION CARRIED 3-2 (Roth & McCarthy - nay) 9 . In response to Councilman McCarthy, the City Manager said he would review the code of ordinances regarding whether the bidding procedure is required in retaining special counsel. MOTION by Metcalf/Vallone I move we extend the meeting ten minutes. ROLL CALL: Councilman Vallone - aye Mayor Votapka - aye Councilman McCarthy - aye Councilman Metcalf - aye Vice Mayor Roth - aye MOTION CARRIED 5-0. 13. COUNCIL MATTERS A. Vice Mayor Roth 88.156 ORDINANCE NO. 0-88-43 - Referendum - City Manager - City Officers Reconsideration, Discussion and Proposed Amendments to Article III - Administrative and Legal Departments - Section 3.02 and 3.03 - Requested by Vice Mayor Roth . AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND PORTIONS OF THE CITY CHARTER; RESCINDING SECTION 2.08 PERTAINING TO SUPERVISION OVER ADMINISTRATIVE OFFICERS; RENUMBERING THE EXISTING SECTION 2.09; RENUMBERING THE EXISTING SECTION 2.10; CREATING A NEW SECTION 2.10, PERTAINING TO THE COUNCIL - EMPLOYEE RELATIONSHIP; REPEALING SECTION 2.11, PERTAINING TO CITY MANAGER'S POWERS AND DUTIES; REPEALING SECTION 2.12, PERTAINING TO CITY CLERK; REPEALING SECTION 2.13, PERTAINING TO CITY TREASURER; RENUMBERING THE EXISTING SECTION 2.14; RENUMBERING THE EXISTING SECTION 2.15; RENUMBERING THE EXISTING SECTION 2.16; RENUMBERING THE EXISTING SECTION 2.17; RENUMBERING THE EXISTING SECTION 2.18; RENUMBERING THE EXISTING SECTION 2.19; REPEALING THE EXISTING ARTICLE III AND CREATING A NEW ARTICLE III; CREATING A NEW SECTION 3.01 PERTAINING TO CHARTER OFFICERS; CREATING A NEW SECTION 3.02 PERTAINING TO APPOINTMENT OF CHARTER OFFICERS; CREATING A NEW SECTION 3.03 PERTAINING TO THE REMOVAL OF CHARTER OFFICERS; CREATING A NEW SECTION 3.04 PERTAINING TO CITY MANAGER POWERS AND DUTIES; CREATING A NEW SECTION 3.05, PERTAINING TO CITY CLERK; CREATING A NEW SECTION 3.06, PERTAINING TO THE CREATING OF THE POLICE DEPARTMENT; CREATING A NEW SECTION 3.07, PERTAINING TO THE CHIEF OF POLICE; , 10 ". . . . '-- 88.046 CREATING A NEW SECTION 3.08, PERTAINING TO POLICE OFFICERS; CREATING A NEW SECTION 3.09, PERTAINING TO CITY ATTORNEY; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SAID ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 12/7/88, Advertised 12/28/88, Public Hearing and Adoption 1/11/89) Vice Mayor Roth requested that under appointments it be changed to "that Charter Officers as stipulated above shall serve at the pleasure of the Council subject to the provisions of their contracts" and section 3.03 be stricken. The City Attorney advised that this amendment would require another ordinance and public hearing, and there would not be sufficient time to place the charter revision ordinance on the March 14, 1989 election. No amendments were made to Ordinance No. 0-88-43. B. Councilman Vallone None. C. Councilman McCarthy None. D. Councilman Metcalf None. 14. CITY ATTORNEY MATTERS A. Boudrot Real Estate Deed This item was not addressed. 15. CITY MANAGER MATTERS The City Manager announced that Horry Johns, City Engineer, would begin the fOllowing morning. The City Manager, said he had been informed by FEC that they would be making improvements at the railroad crossing at Stratton Avenue with an estimated cost to the City of $9,200.00 which has not been budgeted in this fiscal year. The City Manager said future ordinances would be workshopped. 11 ~ !-~ . . . , Attorney Nash received full consensus of City Council to contact Carol Duffey to obtain further information on deficiencies disclosed this evening regarding the audit. In response to question by Councilman Metcalf, the City Manager said the United states Department of Justice Management Assessment can be expected any day. 16. COMMITTEE REPORTS/RECOMMENDATIONS None. 17. Mayor Votapka adjourned the meeting at 10:40 p.m. Approved at the February 8, 1989 Regular Council Meeting. /~/f. v44 Richard B. Votapka, Mayor CX:;;t~ In. {) i!dtt~~ Kathry# M. O'Halloran, City Clerk 12