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HomeMy WebLinkAbout04081998 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561} 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRII. 8, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Sullivan called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Police Chaplain Frank Camillo. [~OLL CALL City Co~ii Pr~nt: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staff Present: CitY Manager, Thomas Frame CitY Attorney, Valcrie Settles CitY Clerk, Kathtyn O'Halloran Director of Community Development, Bob Massarelli Deputy City Clerk, Sally Maio l-j 5. Review Allegations of Possible Charter Violations (Wininger Memo 3/27/98, Cattwright Letter 3/26/98) Mrs. C~wri~t -aye Mr. Neubcrger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger aye ROLL CALL: 98.079 98.080 6. AGENDA 34[ODIFICATIONS (ADDITIONS AND/OR DELE_TIOhtS} Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21} MOTION by rc2 ROLL-CALL: Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs, Cartwright MOTION CARRIED 5-0 aye aye aye aye .. PROCLAMAT[OI~S, ANNOUNCEMENTS AND/OR P_P,,I~ENTATIONS A. ~scntatior~ of Plaques to_Tree Advisor7 Boarq Mer~bCr$ Carl Fischer and Sally Gore  Mayor Sullivan presented plaques to Carl Fischer and Sally Gore. B. /)Proclamation - Corlfederate HisJQry Month - Accepted by M~iI$~r~..of Fir~[ Cow Calvary #1680 ~...~Mayor Sullivan presented the proclamation to ' CITY ATTORNEY M~TTERS CITY MANAGER MATTERS 4 98.081 3-13 98.013 1~18 10. ~ONSF~Y AGENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motioh. 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. A. Approval of Minutes - 3/25/98 Regular Meeting Prior Approval for Reimbursement of Expenses for Councilmember Neuberger - Institute for Elected Municipal Officials in Tampa- April 17-19, 1998 (City Clerk Transmittal 3/30/98, .Conference Information) Hire Four Temporary Laborers for Pothole Patching for Two Additional Months Limited to 1280 Man Hours or $12,175 (Public Works Director Transmittal 3/30/98, PWD Memo 3/24/98) The CityManagerreadthe consent agenda. I move to approve items A, B and C of the consent agenda. re3 ROLL CALL: Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger -ayeayeayeaye ~~" aye t/ MOTION CARRIED 5-0 A. Ai~proval of Minutes - 3/25/98 Regular Meeting 98.081 3-13 MOTION by rc4 ROLL CALL: Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan - aye - aye - aye - aye - aye MOTION CARRIED 5-0 VOICE VOTE Carried 5-0 Prior A~proval for geimbursement of Ex~erl~ for ~0uncilmember Netll~erger -in~fit~t~ for ~l~cte~l M~nicipal Officials in Tampa-April 1%19, 1998 (CiW Clerk Transmittal 3/30/98, Conference Information) 98.013 17-18 MOTION by I move to re5 ROLL CALL: Mr. Barnes - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 [-Iir~ Four Temporary Labor~r~ for Pothole Patchillg for Two Additional Months Limited to 1280 Man Hours or $12,175 (Publj0 Works Director Transmittal 3/30/98, PWD Memo 3/24/98) MOTION by I move to tel ROLL CALL: Mrs. Canwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 6 11. pUBLIC ~EARING - None 12. INTRODUCT. IO_N OF NEW ][tI.I.~INESS FROM THE PUBLIC }Yhich is not otherwise on the agenda - sign-up required- limit often minutes for each speaker 7 13. COMMITTEE REPORTS/RECOMMENDATI, ONS 14. OLD BUSINESS - None ITEM NO. ROLL CALL Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Cartwright ITEM NO. ROLL CAI~L Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger ITEM NO. ~QLL CALL 4 Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND ITEM NO. ROLL CALL 5 Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION SECOND blEW BUSINESS 98.082/ 97.174 19-20 Status Report - Wave Street Traffic Change (City Engineer Transmittal 4/1/98, Traffic Volume and Speed Study ~sults) rc2 ROLL CALL: Mr. Neuberger - aye Mr. Paul -aye ~s. S~liv~ - aye Mrs. W~ger - aye ~s. Cm~t - aye 98.083 B. Proposed Softball Facility Proposed on County Tract on Filbert Street (City Manager Transmittal 21 4/2/95) ~ ~ Mr~Ceua~erW~e~t : ayayee MOTION CARRIED 5-0 VOTE VOTE carried 5-0 10 98,084 25-29 Review Resolution No. R.97.21 City Council Meeting Procedures for Possible Revisions (R-97-21) 1! 98.085/ 97.201 $1-40 First Reading of Ordinance No. 0-98-08 Establishing a Permanent Recreational Advisory Board - Schedule Public Hearing for 5/13/98 (City Manager Transmittal 4/2/98, Proposed 0-98-08, R-98-72) Alq ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER TWO, ARTICLE VI "BOARDS, COMMISSIONS, COMMITTEES" OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; CREATING A NEW DIVISION 3 ENTITLED "SEBASTIAN RECREATIONAL ADVISORY BOARD"; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABIL1TY; PROVIDING FOR CODIYlCATION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-98-08 by title. MOTION by ~/~ I move to approve the first reading of Ordinance No. 0-98-08 and schedule the public hearing for 5/13/98. rc4 ROLL CALL: Mrs. Wininger - aye Mrs. Cartwright - aye~.. Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 12 16. CITY COUNCIL MATTER~ A. Vice Mayor Martha Wininger Bo Mrs. Louise Cartwright ..q-/~ 6~.~ #/ Mr. Chuck Neuberger D. Mr. Larry Paul Mayor Ruth Sullivan .. _. 17. Being no further business, Mayor Sullivan adjourned the Regular Meeting. ITEM NO. ROLL CALL 1 Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger ITEM NO. ROLL CALL Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright /~.~M NO. L CALL aul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger L CALL S iw Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND ITEM NO. ROLL CALL 5 Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION SECOND City of Sebastian 1225 MAIN STREET F1 SEBASTIAN, FLORIDA 32958 TELEPHONE {561) 388-8203 [] FAX {561) 589-5570 MEMORANDUM DATE: TO: FROM: SUBJECT: April 8, 1998 The Honorable City Council Total Cost of Legal Services for the City of Sebastian As requested at the March 25th meeting the attached spread sheets reflect the total cost for legal services within the City for Fiscal Years 1995-96 through 1997-98. That sheet is emitled LEGAL and reflects the total of all legal costs for that paid to Ms. Settles, outside legal counsel and all expenses. The far right hand column reflects the totals. Fiscal Year 1995-96 reflects the costs of both McClelland's services and those of Ms. Settles for a total of $115,097.24. Fiscal Year 1996-97 reflects a cost of 86,342.43. Fiscal Year 1997-98 is partial through approximately March 6, 1998, and reflects a running total of $35,229.32. The sheet entitled CITY ATTORNEY is reflective of the amounts made payable to Ms. Settles. For Fiscal Year 1995-96, it was $16,736.71. For Fiscal Year 1996-97, it was $48,404.02. And, for Fiscal Year 1997-98, the total through March 6* is $24,149.41. If any additional information is required, please advise. Valerie F. Settles Janet Isman City of Sebastian 1225 MAIN STREET E~ SEBASTIAN, FLORIDA 32958 TELEPHONE [561) 388-8203 [] FAX (5~1) 58%5570 MEMORANDUM DATE: April 6, 1998 TO: FROM: The Honorable City Council Thomas W. Frame, City Manager SUBJECT:' Request to Modify Agenda to Add a Request for Subdivision Approval Extension The Attached request was received here in the manager's office after the agenda was submitted to the Clerk's Office for publication It was submitted with a fee on March 24, 1998. The existing preliminary plat approval expires the date of the April 8, 1998. The matter was not brought to my attention for inclusion into the agenda until after the agenda had been closed and published. Inasmuch as the application was submitted in time for inclusion into the agenda and due to an oversight, I would request the City Council to place the item on the agenda. As a matter of information, it should be noted that pursuant to the Land Development Code (Section 20A-16.4.c.2), such requests must be submitted at least 90 days prior to expiration in order to be considered. When I asked Mrs. Jan King about the 90 day requirement, she stated that former City Manage, Joel Koford, had instructed the staff that unless the City gave notice to a developer, the ninety days would not be applicable. I do not necessarily agree with that position, and I am requesting a determination by the City Attorney. In the interiml I am requesting that the matter be placed on the agenda. As soon as a determination has been made, I will inform you accordingly. cc: Valerie F. Settles, City Attorney Robert J. Massarelli, Community Development Director City of Sebastian, Florida Subject: Extension of Preliminary Plat for Vicker's Grove Subdivision Approved for Submittal by: Agenda No. Department Origin: Community Developmem (KLM) Date Submitted: April 2, 1998 For Agenda off April 8, 1998 Exhibits: March 24, 1998 letter from Dr. Fisher EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY The Vickers Grove Pre'hminaxy Subdivision Plat was approved on June 12, 1991 by resolution R-91- 18. On May 18, 1994, the City Council approved a major modification to the pre'hminary plat. On February 8, 1995, the City Council approved resolution R-95-06 approving the pre'hminary plat for Vickers Grove Subdivision. Then on March 8, 1995, the Council approved resolution R-95-16 amending the commencement date for Vickers Grove Subdivision. The plat was extended eighteen months by the City Council on October 9, 1996 to April 9,1998. Dr. Henry Fisher has requested an twelve month extension of the Vicker's Grove Subdivision preliminary plat. Construction of the subdivision has started. Ordinance 0-97-39, provides that a preliminary plat may be extended for twelve months by aproval of the City Council. RECOMMENDED ACTION Approve a twelve month extension of the Vicker's Grove Subdivision.. Henry A. Fischer, D.D.S. P.O. BOx 78006~ Sebastian, Florida 32978-0068 Office Phone: (561) 589r5337 City of sebastian Attn: Bob Masserelli,. City Engineer P.O. Box 780127 Sebastian,. FL 32958 .-- - . ,.R~:. Vi'cker;s Grove Subdivision'.12 month extension March 24, 1998 Dear Mr. Masserelli: Enclosed is a check in the amount of $877.50 for an extension on Vickeds Grove, SUbdivision. ~ I am requesting a 12 month extension for Vicker's Grove Subdivision which Will expire on Aprit 8, 1998, The parcel number is Section 17, Township 31 south, range 39 east. The zoning classification is RS-10. The proposed use is a subdivision. Please feel free to call me if you should'have any questions. City of Sebastian 1225 MAIN STREET [] SFBASTiAN, FLORIDA 32958 TFLFPHONF: 1561) 388-8203 [] FAX (561)589-5570 MEMORANDUM DATE: TO: FROM: SUBJECT:' April 6, 1998 Valerie F. Settles, City Attorney Thomas W. Frame, City Manager ~ Opinion Regarding Ninety (90) Day Requirement for Filing Renewal for Extensions of Development Approvals The City has received a request for an extension to a preliminary plat which will expire on March 24, 1998. The request for such extension was filed with community Development on March 24, 1998. Unfortunately, I did not find out about the request until the agenda for April 8, 1998 was already published. Under Section 20A-16.4.C.2 of the Sebastian Land Development Code, a request for an extension must be made in writing and filed with the Community Development Department a minimum of ninety (90) days prior to the expiration date. Upon discovering that the request was not filed ninety days in advance of the expiration, I asked Jan King about the timing on such requests. She indicated that Joel Koford, former city manager, had instructed the staff that unless the City advised the developer in advance of the ninety (90) period, the ninety day minimum filing time was not enforceable. I question that position to the extent that it places all the burden on the City and would preclude an enforceable time limit. Due to the current situation and the facts as indicated by staff, it is my intent to request the Council to add this matter to the agenda, however, I would like you as the attorney to render an opinion as to the applicability of the ninety (90) day provision and the need or lack of need to provide prior notice to the developer. cc: The Honorable City Council Questions To Council Regarding Wave Street. Why is it not a safety hazard to connect a North/South thorough- fare, both ends of which are 80' right of ways joined by George Street, a 50' right of way between them.? It should be noted that at both ends of this heavily travelled path, i.e. Fleming Englar and Barber streets, sidewalks have been built to in- sure the safety of pedestrians. It should also be noted that the less travelled Carnation/Tulip street which is an 80' right of way, has a 25 MPH Speed limit versus Geo~e Streets 50' right of way having a 30 MPH speed limit. Why did the city place the electronic vehicle speed monitor on George Street on the curve between Noah and Dyke Streets when common sense dictated that the excessive speed occurs on the straight portion of road between Dyke and Englar? Should the council find it not feasible to close Wave Street then stmuld it not be. incumbent upon them to exercise ways to protect the safety of the residents of George Street by installing a pedestrian sidewalk and stop signs at intervals to break the usual 50MPH (65 M'IPH for police cars) speeds which are common on this dang..e,..~ stretch of roadway. ? ,~. ~' 7/t k-/er ;','~:.>_ ..... ;~--" 'j. ' Ci~ of Sebastian 1225 Main Steer Sebastian, Florida 32958 CITY COUNCIL AGENDA PACKET REGULAR MEETING APRIL 8, 1998 - 7:00 P.M. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 13 FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, APRIL 8, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 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 - limit often minutes per speaker (R-97-20 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Police Chaplain Frank Camillo 4. ROLL CA]~L " 1-2 5. Review Allegations of Possible Charter Violations (Wininger Memo 3/27/98, Cartwfight Letter 3/26/98) 6. AGENDA MODIFICATIONS (ADDITJONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) 7. PROCLAMATIOBI$, ANNOUNCI~MENTS.AND/OR PRESENTATLQ, NS 98.079 A. Presentation of Plaques to Tree Advisory Board Members Carl Fischer and Sally Gore 98.080 B. Proclamation - Confederate History Month - Accepted by Members of First Cow Calvary #1680 8. CITY ATTO!],NEY MATTER~ 9. CITY MANAGER MATTERS 98.081 3-13 98.013 1~18 98.082/ 97.174 19-20 98.083 21 98.084 23-29 98.085/ 97.201 31-40 10. 11. 12. 13. 14. 15. CONSEN~ AG.~INDA All 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. A. Approval of Minutes - 3/25/98 Regular Meeting B. Prior Approval for Reimbursement of Expenses for Councilmember Neubcrgcr - Institute for Elected Municipal Officials in Tampa- April 17-19, 1998 (City Clerk Transmittal 3/30/98, Conference Information) C. Hire Four Temporary Laborers for Pothole Patching for Two Additional Months Limited to 1280 Man Hours or $12,175 (Public Works Director Transmittal 3/30/98, PWD Memo 3/24/98) PUBLIC HEARING - None INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker COMMITTEE REPORTS/RECOMMENDATIONS QLD BIJSINESS - None NEW BUSINESS A. Status Report - Wave Street Traffic Change (City Engineer Transmittal 4/1/98, Traffic Volume and Speed Study Results) Bo Co Proposed Softball Facility Proposed on County Tract on Filbert Street (City Manager Transmittal 4/2/98) Review Resolution No. R-97-21 City Council Meeting Procedures for Possible Revisions (R-97-21) First Reading of Ordinance No. O-98-08 Establishing a Permanent Recreational Advisory Board - Schedule Public Hearing for 5/13/98 (City Manager Transmittal 4/2/98, Proposed 0-98-08, R-98-72) Alq ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, YLORIDA, AMENDING CHAPTER TWO, ARTICLE VI "BOARDS, COMMISSIONS, COMMITTEES' OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; CREATING A NEW DIVISION 3 ENTH7 ~RD "SEBASTIAN RECREATIONAL ADVISORY BOARD"; PROVIDINO FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDINO FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 16. CITY COUNCIL MATTER~ Ao B. C. D. E. Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Mayor Ruth Sullivan 17. ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL tViTH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) MLL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THAT A VERBAT1M RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTZMONY AND EVIDENCE UPON RT-IICH THE APPEAL IS TO BE HEARD. (286.0105F. S.) IN COMPI_JANCE IVITH THE A3~RICANS WITH DISABILITIES ACT (ADA), ANYONE Ve7-10 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. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Mee!ings: Special Meeting - (Quas0 Wednesday, April 15, 1998 ~ 7pm Regular Meeting - Wednesday, April 22, 1998 ~ 7pm Public Forum - Wednesday, April 29, 1998 ~ 7pm Special Meeting - (O-98-02 Hearing) Wednesday, May 6, 1998 ~ 7pm Regular Meeting - Wednesday, May 13, 1998 ~ 7pm Regular Meeting - Wednesday, May 27, 1998 ~ 7pm City of Sebastian 1225 MAIN STYE_ET a SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-53,.30 a FAX (561} 589-5E,70 MEMORANDUM DATE: TO: March 27, 1998 Thomas W. Frame City Manager FROM: Martha S. Wininger Vice Mayor In an effort to address the issues raised by Councilperson Louise Cartwright in her letter of March 25, 1998 (attached), and upon the advice of City Attorney, Valerie Settles, I respectfully request that you place this matter on the agenda for the April 8, 1998~City Council Meeting as the first order of business. ~'-~~ 0, Thank you for your cooperation. sam CCi City Council City Clerk City Attorney Press Journal Florida Today March 26, 1998 To: Re: Mrs. Martha Wininger Vice. Mayor Call of Special Meeting I respectfully request that you call a Special Meeting of the City Council for the sole purpose of reviewing the allegations of possible Charter Violations by Mayor Ruth Sullivan. Since the allegations were raised dudng our Council Meeting, it is the obligation of City Council to quickly convene, review the details to determine if there are grounds to proceed further. The City Attomey will advise us of our options. In addition to the allegations raised by resident, Mr. Donald Smith, it is possible Mrs. Sullivan may have violated Section 2.10 of the City Charter on two items which also came to our attention dudng last night's Council Meeting. These should be included in our review. The first is the written memo by Mrs. Sullivan to Mr. Frame dated March 23, 1998 regarding Captain Hiram's. The second is the delay oftransmJ;'tal to DCA of the Comprehensive Plan Amendments. It has also been brought to my attention that Mrs. Sullivan may have violated the intent and provisions of Resolution-97,21- the City Council's written policies and procedures regarding Council Meetings. This should be an added item for review. I recognize the sedous nature of my request. I repeat, it is the obligation of City Council to review and decide this matter. It is in the best interests of the City of Sebastian, residents, staff and ele~ officials, to publicly address the allegations and bring forth resolution in accordance with the provisions of City Charter and City Code of Ordinances. Thank you. Louise R. Cartwright Mayor & City Council Members City Clerk City Manager City Attorney City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32.aE8 TELEPHONE (E61} 5fl9-5330 o FAX (561) 589.5=.570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 25, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Sullivan called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Police Chaplain Frank Camillo. ROLL CALL !~ity (20~cil Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Charles Neuberger Mr. Larry Paul Staff Present; City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Director of Community Development, Bob Massarelli Chief of ?olice, Randy White Public Works Director, Pat Brennan Deputy City Clerk, Sally Maio Regular City Council Meeting March 25, 1998 Page Two 98.069 98.070 98.077 AGEND~MO!)IFICATIONS (ADDITIONS AND/OR D~I~I~TIONS) Items not on the written agenda may be added only upon majority vote of City Council members (R~97-21) The City Manager requested addition of two items to the agenda: 1) Proclamation on behalf of the Sebastian River Shrine Club for Shrine Paper Days as item 6C; and 2) Resolution for Assistance Under the Florida Inland Navigation District Waterways Assistance Program for the Main Street fishing pier as item 14C. MOTION by Wininger/Neuberger So moved. VOICE VOTE on the MOTION CARRIED 5-0 PROCI~bMfiTJONS, ANNOUNCEMENTS AND/OR PRESENTATIONS Presentation of Plaqlues to l-I~icapped Self Evaluation Commi~ee Members ,lQ.~oush. Philip Foster, and Acceptingorl~ha, lf 9f Edra Young Her Husband BQb Young Mayor Sullivan presenttM plaques to John Kanfonsh, Philip Foster and Bob Young. Proclamation - April as Child Abuse Prevention Month - M~ckey, Warner Accepting on Behalf of Yello~ Umbxe~la. E.x~hange Club Center Mayor Sullivan read and presented the proclamation to Mickey Warner. C. Prc~/araatign - Shrine Paper Days - C~f WI3il9 Accepting on Behalf of Sebastian River Shrine Club Mayor Sullivan read and presented the proclamation to Chief White. CITy ATTORNEY MATTEI~ None, CITY Mb~IA.G~R MATTER~ The City Manager discussed the memo distributed to Council tonight regarding the resignation of the Community Development Director effective April 30, 1998; reported that U.S. 1/Barber Street alignment construction should begin in June 1998 and will take approximately 90-120 days; said the City Engineer had completed the paving program plan, it will be distributed to Council, and that he may ask for a special meeting; said there are quasi-judicial hearings scheduled for April 15, 1998; said the Assistant to the CiW Manager had completed the proposed solid waste collection franchise ordinance and is awaiting Attorney review at which time it will be distributed to Council for review; read a memo from Public Works Director relative to progress on potholes; read a letter from a resident on Starfish Lane commending the Public Works; and reported that Police Department construction activity is completed. Regular City Council Meeting March 25, 1998 Page Three CONSENT AGENDA ,411 items on the consent agenda are considered to be routine attd 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. A. Approval of Minutes - 3/4/98 Special Meeting, 3/11/98 Regular Meeting, 3/16/98 Special Meeting 98.071 Resolution No. R-98-14 - Opposition to Six-Laning U.S. I (City Manager Transmittal 3/19/98, R-98-14) A RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF SEBASTIAN, FLORIDA, OPPOSING ANY PLANNED SIX-LANINO OF U.S. HIGHWAY # 1 THROUGH TIlE CITY OF SEBASTIAN, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. 98.072 Co Prior Approval for Reimbursement of Expenses for Vice Mayor Wininger - Institute for Elected Municipal Officials in Tampa- April 17-19, 1998 (City Clerk Transmittal 3/19/98, Conference Information) The City Manager read the consent agenda and the City Attorney read Resolution No. R-98-14 by title. Mayor Sullivan removed item A, specifically the 3/4/98 and 3/16/98 minutes, and item B. MOTION by Cartwright/Neuberger I move to approve item C of the consent agenda. ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 A. Approval of Minutes - 3/_4/98 Special Meeting, 3/I 1/98 Regular Meeting~ 3/16/98 Special Meeting IVn-s. Sullivan cited a ,typo in the 3/4/98 minutes on page four, add "Development" after "Community" in the fourth paragraph from the bottom; and a .typo in the 3/16/98 page 25, change "Castle" to "Capo". Mayor Sullivan passed the chair to Mrs. Wininger to make a motion. Regular City Council Meeting March 25, 1998 Page Four MOTION by Sullivan/Neuberger I would move approval of the minutes of 3/4/98, 3/11/98 and 3/16/98. Mayor Sullivan took back the chair. Discussion took place on the procedure of the Mayor passing the chair. She said this procedure follows Roberts Rules of Order and as Chair she will utilize the procedure. VOICE VOTE on the MOTION CARRIED 5-0 98.071 B. P, mohtion No. R-98-14 - O~sition to Six-Laning U.S. 1 Mrs. Sullivan suggested new language to state "and since route 1-95 is only 5 miles from U.S. 1, through traffic can access use of Interstate 95." Discussion followed and the City Manager suggested not specifically citing 1-95 but that all alternative routes be cited, and that he redraft the resolution and bring it hack at the next Council meeting. Mayor Sullivan passed the chair to Vice Mayor Wininger. MOTION by Sullivan/ I would move to send this resolution back to the City Manager for redraf~ and to beef it up a bit and to make it a stronger position for the City. She then took the chair back. MOTION DIED for lack of a second. MOTION by Paul/Cartwfight I make a motion to approve Resolution No. R-98-14. VOICE VOTE on the MOTION CARRIED 5-0 10. PUBUC HEARIN~ 98.066 First Public Heating of Ordinance No. O-98-02 - Lifting RiYerfronkBuilding Monltorium - Repealing 0-97-65 t"Dire;$or of Community Development Transmittal 3/19/98LO-98-02~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 0-97-65, WHICH AMENDED CHAPTER 20A OF THE SEBASTIAN CODE OF ORDINANCES ENTITLED "ZONING PROVISIONS" BY ADDING A NEW SECTION ENTITLED "BUILDING PERM1T MORATORIUM"; PROVIDINO FOR REPEAL OF INCONSiSTENT PROVISIONS; PROVIDINO FOR AN EFFECTIVE DATE. (1 st Reading 3/11/98, Display Ad 3/18/98, ! st Heating 3/25i98) Mayor Sullivan opened the public heating at 7:35 p.m. and the CiLy Attorney read Ordinance No. 0-98-02 by title. Regular City Council Meeting March 25, 1998 Page Five The City Manager gave a brief presentation, recommended the hearing be conducted and a second hearing be conducted on April 8, 1998. Mayor Sullivan noted the Comprehensive Plan had not yet been approved by DCA, and passed the chair to Vice Mayor Wininger to make a motion. MOTION by Sullivan/Neuberger I would move to reschedule the first reading to April 22 and to establish the second reading for May 6. Mrs. Cartwright and Mr. Paul objected, noting the moratorium was contingent upon approval of thc'. recently adopted Riverfront ordinance. Mrs. Sullivan said s.he was concerned that the comprehensive plan and zoning had not been adopted. Mr. Neuberger noted that the six month moratorium was in its 2nd or 3rd month. Mrs. Cartwright asked the City Attorney whether there is any legal or valid reason to continue the moratorium. The City Attorney said the ordinance states "In order to allow for the consideration of major amendments of the City's Comprehensive Plan and Land Development Regulations...." and that since the Comprehensive Plan amendments have not been finalized, so if the Council wished, it would have a legitimate public purpose reason for continuing the moratorium. The Director of Community Development cited the projects that are pending in the district, 1) an auto service center on U.S. 1, 2) Captain Hirams, 3) Anglers Obsession, and 4) Fey's Landing. He said the Cavcorp property application was in before the moratorium was imposed. ROLL CALL: Mrs. Cartwright - nay Mr. Neuberger - aye Mr. Paul - nay Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 3-2 (Cartwright, Paul - nay) TAPE I - SIDE II (7:46 p.m.) Mayor Sullivan closed the hearing at 7:45 p.m. 11. INTRODI, ICTIf)N OF NEW BUSINESS FROM ~FHI~ PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Harry Thomas, 654 Balboa Street, Sebastian, said four-laning of Roseland Road next year is being considered; he has noticed that some police officers are not using turn signals; and discussed access from the FPL fight-of-way easement onto Delmonte by grove and sandmine trucks. Regular City Council Meeting March 25, 1998 Page Six TAPE II - SIDE The City Manager reported on a meeting with Indian River County last year on alternative access routes which would transfer the track traffic to other residential areas such as Bailey Drive, Englar Drive or Kildare. He said he was informed that he could not totally cut off access from the grove and sought further direction from City Council. In response to Mrs. Wininger, the City Attorney discussed the common law prescriptive easement and the statutory way of necessity which says you can't block anyone in. She said she would provide a copy ora memo she had provided to the City Manager in 1996 regarding this matter to City Council and Mr. Thomas. Sal N~glia, 461 Georgia Boulevard, Sebastian, said Wave Street should be reopened to two way traffic. It was the unanimous concurrence of City Council to put the status of Wave Street back on the next regular Bob Ashcroft, 785 George Street, Sebastian, said there should be another plan in place to alleviate traffic on George Street. Ed Gavin, 874 George Street, Sebastian, said Council should come up with solution to the George Street problem. He submitted a petition. Don Smith, 208 Poinciana Street, Sebastian, said he believed the City Charter had been violated by a Couneilmember directing the City Manager to fire an employee or risk losing his job; and requested the City Council address this matter as stated in a letter he submitted to the City Council. Shirley Kilkelly, 950 Franciscan Avenue, Sebastian, agreed with Mr. Smith's statements. Ben Bishop, 1561 ?? Street, Sebastian, General Manager of Captain I-Iirams, read and responded to Mayor Sullivan's letter to the City Manager relative to alleged violations and a stop work directive for Captain 1-Ih'aras. Maureen Murphy, 134 Delmonte Road, Sebastian, said it is unacceptable that the Delmonte neighborhood had to he "sacrificZ-xt" regarding access for grove traffic. Mayor Sullivan suggested Ms. Murphy sit in on the meeting with the City Manager, Mrs. Wininger and Mr. Thomas. Jean Vesia, 1742 Starfish Lane, Sebastian, echoed Don Smith's comments. Richard Bamhill, Bench Chairman for the Lion's Club, requested an update on the bench project. The City Manager responded that the Land Development Code (LDC) needs to be revised, and until such time an agreement cannot be entered into. The Director of Community Development said P & Z is addressing signs at this time, the plan is to bring a recommendation to Council by April 30th, and when the LDC is adopted bench signs will be addressed. I (8:32 p.m.) Regular City Council Meeting March 25, 1998 Page Seven 12. 13. 98.075/ 97.262 14. 98.074/ 97.180 Mrs. Cartwright suggested the agreement be worked on simultaneously with the amended language. The City Manager agreed to meet with Mr. Bamhill. Mayor Sullivan called recess at 8:34 p.m. and reconvened the meeting at 8:45 p.m. All members were present. Sal Neglia expressed dismay with the conduct of tonight's meeting. COMMITTEE REPQRTS/RECO~434j~NDA.TIO NS Mr. Paul reported on the Indian River County Commission's approval of the City's request for a voting membership on the Treasure Coast Regional Planning Council; and distributed a copy of a letter of request from County Commissioner Tippin to Treasure Coast (see attached). OLD BUS!NI~S$ A Tennis Program at Schumann Park - Indian River ~ounty Recreation (City Manager Transmittal 3/18/98, Callahan Letter w/Attachment) John Danise, Jr., 164 Copley Terrace, Sebastian, objected to Indian River County Recreation running the tennis program and offered his services. Don Scott, 151 Filbert Street, Sebastian, agreed with the proposal to have Indian River County Recreation nm the tennis program. Gerry Berkheimer, 367 Watercrest, Sebastian, offered his services. Following a lengthy discussion, City Council agreed with directing the City Manager to bi'lng back all proposals to the Recreation Advisory Board, have all Council questions answered and come back to Council with a recommendation. It was determined that May 13, 1998 was the earliest a recommendation could come back to Council. ~EW BUSINESS A ]~.x,xon Gas Station_at_Chc~¢r'$ Gap - Rcvi~.c.d Landscap~ Plan (DirectQr of' Communi~ I~velol~ment Transmittal 3/18/98, ~q¥ised Landscape Plan) The Director of Community_ Development explained the removal of trees on the site, that Code Enforcement action has been taken, that he had been working with the developer toward replacement, and recommended approval of the revised site plan. 7 Regular City Council Meeting March 25, 1998 Page Eight TAPE II - SIDE II (9:32 p.m.) Discussion took place on enhanced tree protection language which is forthcoming, and stricter enforcement for removal. MOTION by Paul/Neuberger I move to approve the revised landscape plan for the E~xon Gas Station at Chesser's Gap. VOICE VOTE on the MOTION CARRIED 5-0 98.073/ 97.199 Cost Share Agreement with_Rolfe Zllr~trasserl f~it,/Manager Tran~rrdttal 3/19/98, 8/13~97 Agenda Transmittal, 9/3/97 Agg~l~la Transmittal and Minutes} The City Manager reviewed the matter (see transmittals attached). Rolfe Zurstrassen, 111 99th Street, addressed Council on the matter. A lengthy discussion took place on the original agreement, resulting litigation, the type of pipe used, whether the City should pay a proportionate 42% share of the $10,500 Mr. Zurstrassen paid for the pipe minus litigation costs, the stop work order that was placed by the Building Official due to undermining of the slab, the benefit of the culvert pipe derived by the City, and the legal use of the easement. Mr. Paul noted a safety problem with pipes in front of the property at this time. TAPE 1II - SIDE I (10:19 p.m.) Discussion continued. MOTION by Wininger/Cartwright I move to extend the meeting to I 1:00 p.m. VOICE V~TE on the MOTION CARRIED 4-1 (Paul - nay) MOTION by Cartwright/Paul I move that we pay nothing at this time. ROLL CALL: Mas. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 Regular City Council Meeting March 25, 1998 Page Nine 98.078 C. Re~gJlltion for Assistance Under th? Florida Inland N~vigotiQrkDi~trict Waterxvavs Assistance program The City Manager requested approval of the resolution which would support application for grant funds to repair the Main Street pier. MOTION by Paul/Cartwright I'd like to make a motion that we approve Attachment E-6 Resolution for Assistance Under the Florida Inland Navigation District Waterways Assistance Program. The City Manager said the City's 50% share would come fi.om discretionary sales tax in lBe next budget. ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 15. CITY COUNCIL MATTER~ A. M~or Ruth SullL~.an 98.076 1. Appointment of Council Liaisons to Countv and Regional Committees (Ci[v Clerk Transmittal 3/18/98. Cl!rrent Liaison List) Mayor Sullivan called for volunteers only for those positions that were vacant, and suggested that those now serving continue in their positions. · Emergency Services Disthct Advisory Committee - Mrs. Wininger & Mrs. Cartwright · Metropolitan Planning Organization - Mr. Neuberger & Mrs. Sullivan · Sebastian River Area Chamber of Commerce - Mr. Paul & Mrs. Wininger · Treasure Coast Council of Local Governments - Mrs. Sullivan & Mr. Neuberger All other memberships will remain the same. Mrs. Sullivan announced the Kroegel house fundraiser on March 29, 1998 in Riverview Park sponsored by Janet Capo and called for volunteers to assist that dav. 9 Regular City Council Meeting March 25, 1998 Page Ten B. Yice Mayor Martha Wininger Mrs. Wininger thanked her supporters; suggested that City Council matters, City Attorney matters, City Manager matters and Introduction of New Business fi.om the Public be moved to the beginning of the agenda. Mrs. Cartwright suggested putting procedures Resolution No. R-97-21 on the next agenda and City Council concurred. Mrs. Wininger asked how Englar sidewalks can be repaired, to which the City Manager responded he would have the Engineer do a report as soon as possible; encouraged people to attend a meeting at the North County librasy on Tuesday, March 31, 1998 regarding the proposed Filbert Street ballfields; requested a report on legal services cost, to which the City Manager responded he will bring a report back possibly by the second regular meeting in April; asked, in regard to the City Attorney agreement, whether the creation of a framework for a City legal department had been started, to which the City Attorney responded that after reviewing the matter she now believes that an in.house attorney would be more expensive, and that she had started setting up a filing system; asked for a progress report on a false alarm charge ordinance, to which the City Attorney said she may have it for the next meeting; asked about any proposed City Hall upstairs improvements, to which the City Manager said the roof is slated to be repaired, the only other money budgeted for the next several years is for a window replacement program, and the City would need to bring in a structural engineer; and said she would continue her items at the next meeting. C. Mrs. Loui~ g~glg Nonc. : D. Mr. Chuck Mr. Neubei:~ger thanked the Public Works pothole crew for repairing Melrose; complimented Chief of Police on the department repairs; and asked whether turn arrows on CR_512 can be revisited. E. Mr. Larry Paul Mr. Paul asked if the Comprehensive Plan had been sent to DCA; and Mrs. Sullivan said it had not been sent and that she was reviewing it to make sure all amendments had been made. The City Manager said Mayor Sullivan asked him to hold it long enough to allow her to review it to be sure it was correct. Mayor Sullivan said it was not her intent to hold it up. Mrs. Cartwright and Mr. Paul said the City Manager should transmit the plan as approved by the City Council at its transmittal heating. 10 Regular City Council Meeting March 25, 1998 Page Eleven 16. Being no further business, Mayor Sullivan adjourned the Regular Meeting at 11:02 p.m. Approved at the ,1998, Regular City Council Meeting. Ruth Sullivan Mayor KathDm M. O'Halloran, CMC/AAE City Clerk II City of Sebastian 129-$ Main Street Seba.stian~ Horida $2955 Telephone (SG1) 589-5330 FAX (561) 589-5570 Subject: Prior Approval for Reimbursement of Expenses for Council Member Neuberger - Institute for Elected Municipal Officials in Tampa- April 17-19, 1998 Agenda No. CftC,'., ~ ~ / Department Origin: City Clerk-~-~ ~ Date Submitted: 3/30/98 Approved for Submittal by: Exhibits: Conference InfOrmation Expenditure Required: Amount Budgeted: $90 Conference Registration Education - $1000 Travel Expenses to be Determined Travel - $1185.68 For Agenda of.' 4/8/98 Appropriation Required: N/A ~.UMMA RY STATEMENT Council Member Neuberger wishes to attend the Institute for Elected Municipal Officials sponsored by the Florida Institute of Government in Tampa, Florida on April 17-19, 1998. Section 2-34 of the Code of Ordinances requires prior approval of the City Council for reimbursement of expenses, subject to limitations set by the State, which will be incurred in connection with attendance at a conference or function a City Council member attends on behalf of the City. RECOMMENDED AC~ON Approve reimbursement of expenses incurred by Council Member Neuberger for his attendance at the Institute for Elected Municipal Officials in Tampa, Florida on April 17-19, 1998 in accordance with State limitations. Institute'for Elected Municipal Officials Aoril 17 - 19, 1998 T~Fa }'ridnv. April 17 8:00 ~m - 8:30 2m Registration 8~0 sm - 9:00 ~m 9:00 am - 12:00 noon 12.:00 noon - 1:30 pm 1-.20 pm -4'_t0 pm Introductions St~uctu~ ~ad ~uncfions of ~[uni~p~l ~overnment in l~lorida Martllm Crotty, Director ,Florida ln~illui= of Government ·; University of Central Flortd2 : ':" 1:00 pm - 4:00 pm Sunday, Aorll 19 8:30 am - 10:00 am 10:00 am - LI:00 noon Budgtedng ~nd Accounting Goor~e Baldwin, Proje~ Consultant F~orida Iastitut~ of Government In~ergovernmenul CA~lengee Lynn Tlpton lqofida Lesgue of Cities Ethics: Underrtsndlng Government in the Sumhlne John Hubbsrd, Attorn~ Frazer, Hubbard, Brandt & Trazk Dunedi~ 12:00 noon - I:O0 pm Lunch on your owu 1:00 pm- 3:00 pm Conflict: How To comply w/th Open Mectln~ and Open Reeord~ Law~ David Coffey, At~oru~. Coffey, Tillman & Kalizhmaz Gahmv/lle .... City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 City of Sebastian, Florida Subject: Hire 4 Temporary laborers for pothole patching Approved'for Submittal by: City Manager Exhibits: Agenda No. Department Origin: Public Works Date Submitted: 3/30/98 For Agenda of: 4-8-98 ' EXPENDITURE REQUIRED: $12,175 AMOUNT B[?DGETED: $-0- APPROPRIATION REQUIRED: $12,175 SUMMARY In January Council approved hiring four temporary laborers for two months to catch up on the back log of pothole complaints. This experiment was very successful, (see attached memo). Funds to cover the cost, ($12,175) can be transferred from the Roads and Drainage asphalt material account to the appropriate salary line as it was done in January. This would enable us to catch up on c.qmplaints and perform proactive street repairs. RECOMMENDATION Move to approve extending the use of 4 temporary laborers at $9.51/hour for two additional months limited to 1280 man hours or $12,175. City of Sebastian 1225 MAIN STREE-[ In SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5490 [] FAX (561) 589-6209 MEMORANDUM DATE: TO: FROM: SUBJECT: March 24, 1998 'ithomas W, Frame, City Manger Patrick J. Brennan, Public Works Director Pothole Experiment a Success During the last six months of 1997 the list of streets needing repairs averaged 53 per month. The City crew of four people averaged 22 streets repaired per month. Correspondingly there was an average back log of two months work. In January, Council approved hidng four temporary laborers for two months at a cost of $12,175. This enabled us to field two crews for two months. The list of streets needing repairs was down to eleven as of March 17, 1998 which translates into a two week back log of work. This experiment was very successful at almost catching up on pothole complaints. ~ We may want to continue the experiment to totally catch up on complaints and even become proactive repairing streets that need repairs before they become a reactive complaint. cc: Honorable Mayor, & City Council Members /sg City of Sebastian, Florida Subject: Status Report- Wave Street Agenda No. Traffic Change Approved for Submittal by: Thomas Frame, City Manager Exhibits: Traffic Volume & Speed Study Results EXPENDITURE AMOUNT BUDGETED: REQUIRED: N/A N/A Department Origin: City Engineer, Martha S. Campbell, P.E. 'Y~a~4tX~.0a~-qO~ Date Submitted: 4/1/98 For Agenda of: 4/8/98 APPROPRIATION REQUIRED: N/A S].rMblARY In January 1998, Council directed that Wave Street be changed from two-way traffic to one-way traffic for a 90 day period. This change was made in an attempt to reduce traffic volumes on Wave Street and on George Street and to reduce speeds on George Street. The traffic control change took effect on February 2. The results of the data collected before and after the change showed that traffic volume on Wave Street was reduced by 53%. The traffic volume on George Street was reduced by 47%. The observed speed on George Street was unchanged. Phase II of the traffic changes will take effect on May 2, 1998 in which George Street will be blocked at Noah Street diverting southbound traffic onto Carnation St. 0 -qS<e 0 GEORGE ST. 0 Ix,,,) < WAVE ST. Subject: Proposed on County Tract on Filbert Street. City of Sebastian, Florida Proposed Softball Facility Agenda No. c~3- 0o~7.3 Department Origin: City Manager Approved for Submittal by: City Manager Date Submitted · April 2, 1998 ~(~,~ ~d .(~/~v~ ~c~, For Agenda of April 8, 1998 EXPENDITURE REQUIRED: I AMOUNT BUDGETED: APPROPRIATION N/A [ N/A REQUIRED: N/A EXHIBITS: none SUMMARY STATEMENT Since all Council members were present at the meeting held at the library concerning the proposed softball facility on Filbert Street, I thought it might be appropriate to place this matter on the Council agenda for discussion purpose. RECOMMENDED ACTION Determine what if any policy the Council may want to pursue with the Indian River County Commission relative to the proposal in light of the public comments. RESOLUTION NO. R-97-2 l A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-97-02; ESTABLISHING TE[E DATE .4aND ThMZ FOR CITY COUNCIL MZEThNGS, WORKSFI'OPS AND QUASI-J'LIDICIAL H'Ii2~ARINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGE,N-DA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISBEING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS LN CONFLICT HERI~W1TH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings. NOW, THEREFORE, BE 1T RESOLVED BY TIlE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1, CITY CQI,~CII~I'E_ETING DATE AND TI'~. ]~egular Meetings: Regular M~tings shall be held on the second and fourth Wednesdays of each month at 7:00 p.m. and shall adjourn at 10:30 p.m. unless emended by a majority vote of City Council members present. A motion to emend the meeting time shall be made only once during the Regular meeting and the motion shall be for no more than a thirty (30) minute e.'ctension. All unfinished business at adjournment shall be carried to the beginning of the ne, ct Regular City Council meeting unless, prior to adjournment, items are placed on a special meeting agenda. Quasi-fitdicial Hearing. r: Quasi-judicial hearings, when necessary., shall be conducted at special meetings called for such purpose on the first and third Wednesdays of the month, at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present. The City Manager, at his discretion, may schedule a quasi-judicial hearing for a Regular City Council meeting when necessary. glorkshop.s: Workshops, when necessary, shall be held on the first and third Wednesdays of the month at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present. In the event that there is a special meeting for the purpose of conducting a quasi-judicial hearing scheduled for the first or third Wednesday, the workshop will follow the special meeting. A consensus to extend the workshop shall be made only once during the meeting and the extension shall be for no more than a thirty (30) minutes. All unfinished business at adjournment shall be carried to the beginning of the ne. ct scheduled workshop. SpecialMcetingsfor Other Purl;>oser. Special meetings for purposes other than quasi-judicial hearings may be called in accordance with the Charter of the City of Sebastian. 5ECTtON 2, NO SUBSTANTIVE DECISIONS AT WORKSHOPS. At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for. formal action. Substantive decisions shall not be made at workshops. SECTION 3. IlOBERTS RULES OF ORDER ADOPTED. The City Council will follow Roberts Rules of Order, Revised, 9th Edition, published by Scott, Foresman as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. The City Council recognizes Robea Rules of Order are not applicable to every procedural matter governing a public official in the State of Florida. Each Councilmember must vote on all motions unless a Councilmember has a coru'li~ of interest. A Councilmember may make a motion, second a motion or participate in discussion on a motion without relinquishing the chair. Members of Council have the exclusive fight to raise questions of procedure or a point of order to the Chair and have the Chak rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entke Council. SECTION 4,.. AGENDA SI~BM1ETAL DEADLINE AND PREPARATION. The City M, amger is directed to prepare agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. SECT[ON 5. AGENDA MODlYi. CATION.. City Council, by a majority vote of its members, may modify the agenda to add an additional agenda item, and, in such event, an individual who wishes to address City Council with respect to the new agenda item, shall be afforded a reasonable opportunity to address City Council on such new agenda item. SECTION 6. ORDER FOR PI, TBLIC HEARINGS (OTHER THAN QUASI- JUDICIAL) BEFORE ~TY COUNCIL. The order for public heatings (other than quasi-judicial) before City Council is as follows: Order of Business: 1. Chairperson shall announce the opening of the public heating. 2. City Attorney shall read the Ordinance or Resolution by title unless the City Charter, Code of Ordinances and/or Florida Statutes requires more than the title be read. 3. Chairperson, if appropriate, shall announce the rules that apply heating. 4. City staffshall make a presentation, comments and preliminary recommendation~ if any. 5. Public input. to the 6. City staff final comments and recommendation, if any. 7. Chairperson closes heating unless hearing continuation granted by the affi~ative vote of three Council members. B. Continuanc; of Public Hearing. City Council may continue a public heating unless a continuance would violate City Charter, City Code, State or Federal law. A Public hearing may be continued to a time certain that the hearing will be re-opened and shall be stated in the record. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. C. Deferring l~..~Orl 0n Merits. City Council may defer a decision on the merits of any matter pending as a result of a public hearing. D. .$.usCenslon 9fRules. Any provisions of this Resolution may be suspended for good cause by the affn'mative vote of at least three Council members. The good cause shall be stated on the record. E. Failure to Follow Rule~. If City Council fails to strictiy abide by any provision of this Resolution, such failure shall not invalidate action taken by City Council or staff. stcrtos 7. 'ROC Dtrm S FOR SeE S A rO ts oDt canos vs c ss A. SigR-~lp Sh_eei. Sign-up sheets shall be provided by the City Clerk prior to the commencement of any meeting of City Council in the City Council Chambers one half hour prior to the meeting or in the City Clerk's office from Monday throu~ Wednesday from 8:00 a.m. to 4:30 prior to the meeting for introduction of New Business from the Public and Public Heatings. B. l:~blic [n~ut oo figenda tten3,s. Individuals who wish to address the City Council on items where public presentations are permitted on the agenda shall address the City Council immediately prior to City Council deliberation of the agenda item. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. In addition, individuals shall have the opportunity to address City Council during a public heating held in accordance with any federal or state law, the City Charter, the Code of Ordinances and the Land Development Code of the City of Sebastian. C. l~trodu~ion of New Business from the Public. Introduction of New Business from the Public shall be that portion of Regular Meeting agendas at which individuals may introduce new business not otherwise on the prepared agenda. "New Business" as used in this paragraph, is defined as an item that has occurred or was discovered within the previous six months. Any individual wishing to introduce new business during the Introduction of New Business from the Public section of Regular City Council meetings shall have the opportunity to address the City Council if'they have signed the sign-up sheet pd. gr to the commencement of the meeting on a first come first heard basis. Individuals are encouraged, whenever possible, to meet with staff to attempt to resolve matters. Individuals are also encouraged, whenever possible, to sign up for Introduction of New Business from the public by noon on the Thursday preceding the Re~lar Meeting and provide documentation for inclusion in the agenda packet. D. l~o Public lnl~ut at_Special M~tings or Workshops. No public input or Introduction of New Business from the Public shall be allowed at special meetings or workshops, other than a 5 ~. scheduled public hearing. Notwithstanding this, the City Council may allow public input at a special meeting or workshop. Such a determination shall be made at the beginning of the special meeting or workshop and must be approved by a majority vote, or in the case of a workshop, by consensus. E. Time Lilllit for Public Input. Individuals, who are not parties in quasi-judicial proceedings, shall be limited to ten (10) minutes in making oral presentations to the City Council, except if extended by the Chair or reduced by the Chair based on the amount of time available. F. V~ritte0 Presentations. Individuals may also submit written presentations to the City Council by providing ten (10) complete copies to the City Clerk prior to commencement of the meeting. G. Public ][~)put Addressed to_Chair. All public input shall be addressed to the Chair, unless answering a question of a member of City Council or City staff. SECTION' 10., yERBATI~TRANSC'RIFTS OF CITY COUNCIL MEETINGS._ Any person who decides to appeal any decision made by the city council with respect to any matter considered at any meeting or hearing will need a r~cord of the proceedings and may need to ensure that a verbatim record of the proceedin~ is made, which record includes the testimony and evidence upon which the appeal is.to be heard, in accordance with 286.0105 Florida Statutes. The City Clerk's office is not required to prepare verbatim transcripts or parts of any minutes of City Council meetings unless City Council, by majority vote, directs verbatim transcripts for any parts of any minutes it deems necessary and proper for conduct of internal affairs of city. SECTION 11, CONFLICT. All resolutions or pans of resolutions in conflict herewith are hereby repealed, including Resolution No. R-97-02. 6 SECTION 12. EFFECTIVE _DATE. This Resolution shall take effect on . 7.1 uS:>,./qq7 The motion was seconded by Councilmember /~./?...C-cdt.,,,~,4_ and, upon being put to a vote, the vote was as follows: Mayor Walter W. Barnes Vice-Mayor Richard ~'. Taracka Councilmember Louise R. Cartwright Councilmember Larry PauI Councilmember Ruth Sullivan //~?e Mayor thereupon declared this Resolution duly passed and adopted this ~ day of ~J~ _, 1997. ATTEST: Kathryn .M( O~Iali°ran, CM~/AAE C:ry Clerk (Seal) Approved as-to Fem~ and Content: Valerie 1: S~tties, C~t7 Attorney CITY OF SEBASTIAN, FLORIDA , '. _W~' ~,. .- waiter W. Barnes, Mayor City of Sebastian, Florida Subject: First Reading of Proposed Agenda No. Ordinance No. 0-98-08 Creating a Recreational Advisory Board. Department Origin: City Manager Approved for Submittal by: City Manager Date Submitted · April 2, 1998 ~~a~ ~~ For Agenda of April 8, 1998 EXHIBITS: 1. Copy ~)f Proposed Ordinance No. 0-98-08 2. Copy of Resolution No. R-97-72 SUMMARY STATEMENT Attached is a copy of proposed Ordinance No. O-98-08 which provides for the establishment of a Recreational Advisory Board. On October 22, 1997, Resolution No. R-97-72 was adopted creating the Recreational Advisory Board. Unfortunately, the adopting document should have been an ordinance instead of a resolution. A resolution is used when a temporary advisory committee is established and a resolution is used for the establishment of a permanent advisory board. In order to track the City's adopted procedures, it is necessary to proceed with the adoption of this proposed ordinance so that the City's Recreational Advisory Board is properly established. RECOMMENDED ACTION Approve the first reading of proposed Ordinance No. 0-98-08 and set May 13th as the second reading on the proposed ordinance. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 0-98-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, 'FLORIDA, AMENDING CHAPTER TWO, ARTICLE VI "BOARDS, COMMISSIONS, COMMITTEES" OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; CREATING A NEW DMSION 21 ENTITLED "SEBASTIAN RECREATIONAL ADVISORY BOARD"; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODI[FICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City Council desires to permanently establish a Recreational Advisory Board to provide recommendations on the development of recreational facilities and the creation or expansion of recreational programs, and to promote cooperation and coordination between the various recreational interests, Indian River County and the City; and WHEREAS, the City Council adopted Resolution No. R-97-49 on September 3, 1997, creating a Recreational Advisory Board for the purpose of providing a recommendation to the City Council on developing the purpose and role of such an Advisory Board; and WttEREAS, the City Council adopted Resolution No. R-97-72 on October 22, 1997, establishing the Sebastian Recreation Advisory Board, and setting out the purpose and responsibilities of such Board, as recommended by the Board members; and WH~REAS, the City Attorney recommends the Sebastian Recreational Advisory Board be permanently established by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 $ECTION 1, A new Division 3. is hereby created and made a part of Article VI, Chapter 2 of the Code of Ordinances as follows: "DIVISION 3. SEBASTIAN RECREATIONAL ADVISORY BOARD Sec. 2- . Created. There is hereby created and established the Sebastian Recreational Advisory Board. See. 2- . Purpose and Responsibilities. A. -. Ptlrp9~. The Sebastian Recreational Advisory Board shall provide recommendations on the development of recreational fadh'ties and the creation and expansion of recreational programs, evaluate proposed recreational requests, and promote cooperation and coordination between the various recreational interests, the City and the County. B. [l~tsponsibiliti~. The Sebastian Recreational Advisory Board shall: 1. Prepare an annual work program outlining the activities of the Advisory Board for the following fiscal year. The proposed work plan shall be presented to the City Council for approval by July 1 of each year. The work plan may include: a. The preparation of policy recommendations to the City Council. b. Studies of existing City and County facilities and programs.. c. The development of short and long range plans for facilities, pi;ograms, and land acquisition. d:':~ The evaluation of recreational facility and program requests. 2. Promote and develop cooperation and coordination between the City, Indian River County and the Indian River County School Board. 3. Encourage public input and participation. 4. Conduct studies as requested by the City Council. 5. Prepare recommendations regarding city and county recreational facilities and programs. Such recommendation shall be forwarded to the City Manager for distribution to the City Council ~r to Indian River County. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sec. 2- Organizational Structure. A. Members. The Sebastian Recreational Advisory Board shall consist of nine regular members and two alternate members, all of whom are residents of the City of Sebastian. All appointed by the City Council and the Advisory Board shall consist, of the following: president or his/her designee of the Sebastian River Area Little League, members shall be whenever possible, 1. The .. Inc. 2. The 3. The 4. The 5. The 6. The go president or his/her designee president or his/her designee president or his/her designee president or his/her designee president or his/her designee The president or his/her designee The City of Sebastian's appointed and Recreation Advisory Board. of the Sebastian Panthers, Inc. of the Sebastian Soccer Association, Inc. of the Sebastian Olds Boys of the Friendly Tennis Group of the Sebastian River Art Club of the Craft Club of Sebastian member of the Indian River County Parks Officers. The Advisory Board shall elect a chairman and vice-chairman. ~'oc, ~ o/o ~ T-g/~r~ Proced. ur~. The Advisory Board shall adopt rules of procedures. McetLng~. The meetings shall be at the call of the chairman, vice chairman or as established by a majority of the Board at a meeting of the Board. Subcommittees. The Advisory Board may form subcommittees. Sec. 2- . Staff Support. The Public Works Department shall provide staff support to the Sebastian Recreational Advisory Board." 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 SECTION 2. CONFLICTS: All Ordinances and Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 3. SEVERABILITY. If any section, provision, clause, phrase, or application of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, the remaining provisions ofthis Ordinance shall be deemed severable therefrom and shall be construed as reasonable and necessary to achieve the lawful purposes of this Ordinance. SECTION 4. CODIFICATION. It is the intention of the City Council and it is hereby ordained that the provision of this Ordinance shall become and be made part of the Code' of Ordinances, City of Sebastian, Florida. SECTIObl 5. EFFECTIVE DATE: This Ordinance shall take effect immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Charles Neuberger The Mayor thereupon declared this Ordinance duly passed and adopted this __ ,1998. · ':-. CITY OF SEBASTIAN, FLORIDA day of By: Ruth Sullivan, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Valerie Settles City Attorney 4 RESOLUTION NO. R-97-72 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE SEBASTIAN RECREATIONAL ADVISORY BOARD; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City Council desires to establish a recreational advisory board to provide recommendations on the development of recreational facilities and the creation or expansion of recreational programs and to promote cooperation and coordination between the various recreational interests, Indian River County and the City; and WWEREAS, The City established the Sebastian Recreation Advisory Committee to provide recommendations to the City Council on developing the purpose and role of such a Advisory Board; and WHEREAS, The Sebastian Recreation Advisory Committee has prepared the recommendations contained in tkis resolution, NOW, 'FIqI-EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAaN' RIVER COUNTY, FLOIRDA, as follows: SECTION 1. ESTABLIS]~IENT OF THE CITY OF SEBASTIAN RECREATIONAL ADVISORY BOARD: The City Council of the City of Sebastian, hereby establishes the Sebastian Recreational Advisory Board. SECTION 2. PURPOSE AND RESPONSIBILITIES: Purpose. The Sebastian Recreational Advisory Board shall provide recommendations on the development of recreational facilities and the creation and expansion of recreational pro,ams, evaluate proposed recreational requests, and promote cooperation and coordination between the various recreational interests, the City and the County. B. Responsibilities. The Sebastian Recreational Advisory Board shall: Prepare an annual work program outlining the activities of the Advisor,: Board for the following fiscal year. The proposed work plan shall be presented to the City Council for approval by July 1 of each year. The work plan may include: ao The preparation of policy recommendations to the City Council. Studies of existing City and County facilities and programs. The development of short and long range plans for facilities, programs, and land acquisition. The evaluation of recreational facility and program requests. Promote and develop cooperation and coordination between the City, Indian River County and the Indian River County School Board. Encourage public input and participation. Conduct studies a~ requested by the City Council. Prepare recommendations regarding city and county recreational facilities and programs. Such recommendation shall be forward to the City Manager for distribution to the City or to Indian River County. SECTION 3. ORGANIZATIONAL STRUCTURE: Members. The Sebastian Recreational Advisory Board shall consist of nine regUlar members and two alternate members, all of whom are residents of the City of Sebastian. Ail members shah be appointed by the City Council and the Advisory Board shall co.._.,n?st, whenever possible, of the following: 3. 4. 5. 6. 7. 8. The president or his/her designee of the Sebastian River Area Little League, Inc. The president or Ns/her designee of the Sebastian Panther, Inc. The president or Ns/her designee of the Sebastian Soccer Association, Inc. The president or his/her designee of the Sebastian Olds Boys The president or Ns/her designee of the Friendly Tennis Group The president or his/her designee of the Sebastian River Art Club The president or his/her designee of the Craft Club of Sebastian The City of Sebastian's appoimed member of the Indian River County Parks and Recreation Advisory Board. Officers. The Advisory Board shall elect a chairman and vice-chairman. C. Procedures. The Advisory Board shall adopt rules of procedures. D. Meetin~_~s. The meetings shall be at the call of the chairman, vice chairman or as established by a majority of the Board at a meeting of the Board. E. Subcommittees. The Advisory Board may form subcommittees. SECTION 4. STAFF SUPPORT. The Public Works Department shall provide staff support to the Sebastian Recreational Advisory Board. SECTION 5. CONFLICTS: All Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 6. EFFECTIVE immediately upon its adoption. ~'! The foregoing Resolution DATE: This Resolution shall take effect was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Richard Taracka Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Resolution duly passed and adopted this day of 0(r~;~ , 1997 City of Sebastian, Florida Wa~'ter Barnes, Mayor ? Kathryn O'Hallo an, CMC/A,- (Seal) Approved as to Form and Content: Valefie Settles City. Attorney Memorandum To: Mayor and City Council of the City of Sebastian From: Valerie F. Settles Subject: Charter Violation Allegation Date: April 4, 1998 On March 25, 1998, at a regular meeting of the City Council of the City of Sebastian, Mr. Donald B. Smith read into the record a letter to the City Council describing an alleged violation of Section 2.10 of the City Charter, which states: Sec. 2.10. City council-employee relationship. Neither the city council nor any of its members shall in any manner dictate the appointment or removal of any city employee except the charter officers nor shall the dty council or any of its members give orders to any employee, other than city council orders to a charter officer. The city council or its members shall implement all policy matters through the appropriate charter officer. A copy of the letter and attachments is attached hereto. Mrs. Cartwright has asked that Mr. Smith's letter, along with two other unrelated charges which she believes are Charter violations, be placed on the agenda for consideration by the City Council. The purpose of this memorandum is to discuss what alternatives are available to you when considering these matters. 1. The City Charter. Section 2.08 of the City Charter states that a council member or mayor shall forfeit his or her office if he or she violates any express prohibition of the Charter. Section 2.09 states that: The city council shall be the judge of the election and qualifications of its members and of the groundsTor forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of his/her office shall be entitled to a public hearing on demand, and notice of such heating shall be published in one (1) or more newspapers of general circulation in the city at least one (1) week in advance of the hearing. Decisions made by the city council under this section shall be subject to review by the courts. Section 2.11 of the City Charter states that the City Council may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Mayor and City Council of the City of Sebastian Page 2 April 4, 1998 2. State Law. Section 112.313 F.$. lists standards of conduct for public officers ("Code of Ethics"). Section 112.322 F,$. provides that the Commission on Ethics shall receive and investigate sworn complaints of violations of the Code of Ethics and any other breach of the public trust, including investigation of all facts and parties materially related to the complaint. Section 112.324 F.$. sets forth the procedures on complaints of violations, in part, as follows: (1) Upon a written complaint executed on a form prescribed by the commission and signed under oath or affirmation by any person, the commission shall investigate any alleged violation of this part or any other alleged breach of the public trust within the jurisdiction of the commission as provided in Section 8(0, Art. II of the State Constitution in accordance with procedures set forth herein... (2) A preliminary investigation shall be undertaken by the commission of each legally sufficient complaint over which the commission has jurisdiction to determine whether there is probable cause to believe that a violation has occurred. If, upon completion of the preliminary investigation, the commission finds no probable cause to believe that this part has been violated or that any other breach of the public trust has been committed, the commission shall dismiss the complaint with the issuance of a public report to the complainant and the alleged violator, stating with particularity its reasons for dismissal of the complaint. At that time, the complaint and all materials relating to the complaint shall become a matter of public record. If the commission finds from the preliminary investigation probable cause to believe that this part has been violated or that any other breach of the public trust has been committed, it shall so notify the complainant and the alleged violator in writing. Such notification and all documents made or received in the disposition of the complaint shall then become public records; Upon request submitted to the commission in writing, any person who the commission finds probable cause to believe has violated any provision of this part or has committed any other breach of the public trust shall be entitled to a public hearing. Such person shall'be deemed to have waived the right to a public hearing if the request is not received within 14 days following the mailing of the probable cause notification required by this subsection. However, the commission may on its own motion, require a public hearing, may conduct such further investigation as it deems necessary, and may enter into such stipulations and settlements as it finds to be just and in the best interest of the State. The commission is without jurisdiction to, and no respondent may voluntarily or involuntarily, enter into a stipulation or settlement which imposes any penalty, including, but not limited to, a sanction or admonition or any other penalty contained in s. 112.317. Penalties shall be imposed only by the appropriate disciplinary authority as designated in this section. Mayor and City Council of the City of Sebastian Page 3 April 4, 1998 The penalties available to the Commission, as set forth in Section 112.317 F,$., include. impeachment, removal fi.om office, suspension from office, public censure and reprimand, forfeiture of no more than one-third salary per month for no more than 12 months, a civil penalty not to exceed $10,000 and restitution of any pecuniary benefits received because of the violation committed. Additionally, pursuant to Section 112.51 F.S., the governor, by executive order stating the grounds for the suspension and filed with the Secretary of State, may suspend from office any elected or appointed municipal official for malfeasance, misfeasance, neglect of duty, habitual drunkenness, incompetence, or permanent inability to perform official duties. 3. Alternatives. At the City Council meeting on April 8, 1998, you have the following alternatives: A. Appoint a special prosecutor to iny~tigat¢l[lc alleged violations of the Cit~ Chart~r. You have the power under Section 2.11 of the Charter to conduct an investigation into the alleged violations and, under 2.09, to subpoena witness and require the production of evidence. You may appoint a special prosecutor to conduct an investigation and utilize the subpoena powers. If the special prosecutor finds sufficient evidence to support the charge of a violation of the City Charter, he or she will report this to the City Council. At that time, you may direct the City Attorney to file formal written charges. Following the filing of written charges, you must strictly follow procedures which will ensure that the person charged is granted full due process. This will include an arraignment, where a plea will be entered, and a public hearing. At the public hearing, the special prosecutor will present the case to the City Council. The City Attorney will represent the City Council. The special prosecutor should be an attorney with a prosecutorial background and should not be affiliated, in any way, with the City. Preferably, an attorney fi.om another County can be retained. B. File a ¢0mlila[ot wi.t. ll the Florida Commission on Ethics. You may, as a Council, vote to file a complaint with the Commission of Ethics, as provided in Section 112.324(a) F.S. You may file such a complaint ex6iusively, or in addition to filing charges under the City Charter. If you choose this option exclusively, it will take the matter out of the local political arena and place it with the Commission on Ethics, a board which has been statutorily created specifically to handle matters such as these. From an objectivity standpoint, it is the ultimate option. There is no requirement that the Council, as a governing body, file such a complaint. It may be filed by an individual member or by any other member of the public. C,_ Take no formal action. You may elect to not take formal action at this time. Even though there is no Charter provision specifically dealing with a "warning" or "reprimand", you have sufficient general authority to issue either, under reasonable circumstances. Taking no action does not, in any way, limit the ability of any party to file a complaint with the Ethics Commission, as discussed above. Mayor and City Council of the City of Sebastian Page 4 April 4, 1998 I strongly recommend that you refrain from discussing the substance of the allegations at the meeting. If you do decide to appoint a special prosecutor, you will delegate your investigatory powers to that person. As the ultimate "judge", you should not consider any testimony, other than that which is presented at the public hearing where the charges are considered. This memorandum is meant to provide you with an outline of your options. I will be available to discuss these in further detail at the meeting on Wednesday.