HomeMy WebLinkAbout03091994I
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City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH 9, 1994 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Tom Kempf - Assembly of God
4. ROLL CALL
5. ~GENDA MODIFICATIONS ,(ADDITIONS AND~ DELETIONS)
Items not on the written agenda may be added only
upon unanimous consent of the Council members
(Resolution No. R-93-19).
6. pROCLAMATIONS AND/OR ANNOUNCEMENTS
present
94.069
PGS 1-4
94.070
PGS
94.071
PGS 9-12
7. PUBLIC ~ FINAL ACTIOU
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
ORDINANCE NO. 0-94-02 - Repeal GDU Water
Franchise (City Clerk Transmittal dated 3/1/94,
0-94-02)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-81-8;
REPEALING THE GENERAL DEVELOPMENT UTILITIES, INC.
WATER FRANCHISE; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
QRDINANCE NO. 0-94-03 - Repeal GDU Sewer
Franchise (City Clerk Transmittal dated 3/1/94,
0-94-03)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-81-9;
REPEALING THE GENERAL DEVELOPMENT UTILITIES, INC.
SEWER FRANCHISE; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANC~ NO. 0-94-04 - Repeal Sebastian Lakes
Utility Franchise (City Clerk Transmittal dated
3/1/94, 0-94-04)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. 0-85-16;
REPEALING THE SEBASTIAN LAKES UTILITY COMPANY WATER
AND SEWER FRANCHISE; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
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PGS 13-40
94.083
PGS 41-43
94.084
PGS 45-46
94.085
PGS 47-49
94.003
PGS 51-52
94.086
PGS 53-54
10.
11.
12.
13.
94.072
PGS 55-57
8. CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
Approval of Minutes - 2/23/94 Regular Meeting,
2/24/94 Special Meeting, 3/2/94 Workshop
Receive Code Enforcement Order No. 93-8963
(Dernbach)
Bid Award - U.S. #1 Median Shallow Well
Installation - Heidikruger Shallow Wells, Inc. -
$1,700 (City Engineer Transmittal dated 2/28/94,
Bid Tabulation Form)
Ameron Homes - Specimen Tree Removal Request -
Lot 2, Block 304, Unit 10 Sebastian Highlands -
One Oak (Director of Community Development
Transmittal dated 2/28/94, Application and
Survey)
Equity Study Commission - Appoint Carl Fischer
(city Clerk Transmittal dated 3/3/94)
Lion's Club Request for Use of Riverview Park -
Spring Steak Fry - $7.95 Donation - 4/16/94 -
3:30 p.m. to 6:30 p.m. with Conditions (Director
of Community Development Transmittal dated
3/2/94, Anderson Letter dated 2/18/94)
PRESENTATIONS
CITY ATTORNEY M~TTERS
CITY MANAGER MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS
A®
Golf Course Request One Additional Part-Time
Cartman for a Total of Four (Golf Course Manager
Transmittal dated 2/1/94, Page 70 93/94 Budget)
14.
94.087
PGS 59-72
:1.6.
17.
A. S~ NQ, ~ - Request Florida Boat
Improvements Program Funds for Yacht Club Pier
Improvements (City Engineer Transmittal dated
3/3/94, R-94-20, Application)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIgER
COUNTY, FLORIDA, REQUESTING ASSISTANCE FROM INDIAN
RIVER COUNTY IN SOLICITING FUNDS, ON BEHALF OF THE
CITY OF SEBASTIAN, FROM THE FLORIDA BOAT IMPROVEMENTS
PROGRAM (FBIP) FOR YACHT CLUB PIER IMPROVEMENTS;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
NAYOR;~'DCITY COUNCIL F, ATTERS
A. Mrs. Carolyn Corum
B. Mrs. Norma Damp
C. Mr. Robert Freeland
D. Mayor Lonnie R. Powell
E. Vice-Mayor Frank Oberbeck
II~, RODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
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City of Sebastian
1225 MA~N STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
I AGENDA FORM
SUBJECT: ) Agenda No. 94~6_9
Ordinance No. 0-94-02 ) .
Repealing the GDU Water Franchise ) Dept. Origin Clty C~erk
)
) Date Submitted 3/1/94
)
)
APPROVED FOR S~BMITTAL BY: ) For Agenda Of 3/9/94
)
city Manager:
) Exhibits:
~J ~ * 0-94-02
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
~jMMARY STATEMENT
The City Council, at its February 23, 1994 regular meeting,
approved Ordinance No. 0-94-02 on first reading and scheduled a
public hearing on the Ordinance for March 9, 1994.
If adopted, Ordinance No. 0-94-02 will repeal Appendix A,
Franchises, Article I of the Code of ordinances, the General
Development Utilities Water Franchise.
RECOMMENDED ACTION
Conduct the public hearing and adopt Ordinance No. 0-94-02,
repealing the GDU water franchise.
ORDINANCE NO. 0-94-02
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. 0-81-8;
REPEALING THE GENEI~%L DEVELOPMENT UTILITIES, INC. WATER
FRANCHISE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH~ PROVIDING FOR
SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, pursuant to Ordinance No. 0-
81-8 adopted on May 11, 1981, granted General Development
Utilities, Inc. an exclusive franchise for the construction,
maintenance and operation of a public water system within a portion
of city limits for a period of thirty years; and
WHEREAS, in December, 1993, the City of Sebastian purchased
the Water Distribution System operated by General Development
Utilities, Inc. in the City of Sebastian; and
WHEREAS, General Development Utilities, Inc. agreed to
thereafter refrain from operating a Water Distribution System in
the city limits of the City of Sebastian; and
WHEREAS, General Development Utilities, Inc. no longer
operates a Water Distribution System in the City of Sebastian and
has forfeited all further right and .interest in the franchise to
construct, operate and maintain a public water system in the City
of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION1. REPEAL AND TERMINATION OF THE GENERAL
DEVELOPMENT UTILITIES. INC. PUBLIC WATER SYSTEM FRANCHISe.
The City hereby repeals, revokes and terminates Ordinance No.
0-81-8, thereby terminating the exclusive franchise previously
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granted to General Development Utilities, Inc. to construct,
operate and maintain a public water system within certain portions
of the City of Sebastian, Indian River County, Florida.
SECTION 2. CONFLICT.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3. SEVER~BILITY.
In the event a court of competent jurisdiction shall hold or
determine that any part of this Ordinance is invalid or
unconstitutional, the remainder of this Ordinance shall not be
affected and it will be presumed that the City Council of the City
of Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that the
City Council would have enacted the remainder of this Ordinance
without said invalid and unconstitutional provision there by
causing said remainder to remain in full force and effect.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon final
passage.
The foregoing Ordinance was moved for adoption by Council
Member .
Council Member
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council Member Carolyn Corum
Council Member Norma J. Damp
Council Member Robert Freeland
The motion was seconded by
and, upon being put to a
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1994.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one public hearing was held on this
Ordinance at 7:00 p.m. on the day of , 1994, and
that following said public hearin--~his Ordinance was passed by the
City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SZAL)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
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City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA FORM
Ordinance No. 0-94-03 )
Repealing the GDU Sewer Franchise ) Dept. Origin ~ Clerk
)
) Date Submitted ~
)
)
APPROVED FOR SUBMITTAL BY: ) For Agenda Of 3/9/94
city Manager: ) Exhibits:
~ * 0-94-03
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The City Council, at its February 23, 1994 regular meeting,
approved Ordinance No. 0-94-03 on first reading and scheduled a
public hearing on the Ordinance for March 9, 1994.
If adopted, Ordinance No. 0-94-03 will repeal Appendix A,
Franchises, Article VI of the Code of Ordinances, the General
Development Utilities Sewer Franchise.
RECOMMENDED ACTION
Conduct the public hearing and adopt Ordinance No. 0-94-03,
repealing the GDU sewer franchise.
ORDINANCE NO. 0-94-03
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. 0-81-9;
REPEALING THE GENERAL DEVELOPMENT UTILITIES, INC. SEWER
FRANCHISE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, pursuant to Ordinance No. 0-
81-9 adopted on May 11, 1981, granted General Development
Utilities, Inc. an exclusive franchise for the construction,
maintenance and operation of a public sewer system within a portion
of city limits for a period of thirty years; and
WHEREAS, in December, 1993, the city of Sebastian purchased
the Sewer Collection and Disposal System operated by General
Development Utilities, Inc. in the City of Sebastian; and
WHEREAS, General Development Utilities, Inc. agreed to
thereafter refrain from operating a Sewer Collection and Disposal
System in the city limits of the City of Sebastian; and
WHEREAS, General Development Utilities, Inc. no longer
operates a Sewer Collection and Disposal System in the City of
Sebastian and has forfeited all further right and interest in the
franchise to construct, operate and maintain a public sewer system
in the City of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. REPEAL AND TERMINATION OF THE GENERAL
DEVELOPM~N.? UTILITIES, INC. PUBLIC SEWER SYSTEM FRANCHISE.
The city hereby repeals, revokes and terminates Ordinance No.
0-81-9, thereby terminating the exclusive franchise previously
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granted to General Development Utilities, Inc. to construct,
operate and maintain a public sewer system within certain portions
of the City of Sebastian, Indian River County, Florida.
SECTION Z. CONFLICT.
Ail ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION, 3. SEVERABILITY.
In the event a court of competent jurisdiction shall hold or
determine that any part of this Ordinance is invalid or
unconstitutional, the remainder of this Ordinance shall not be
affected and it will be presumed that the City council of the City
of Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that the
City Council would have enacted the remainder of this Ordinance
without said invalid and unconstitutional provision there by
causing said remainder to remain in full force and effect.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon final
passage.
The foregoing Ordinance was moved for adoption by Council
Member .
Council Member
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council Member Carolyn Corum
Council Member Norma J. Damp
Council Member Robert Freeland
- 2 -
The motion was seconded by
and, upon being put to a
The Mayor thereupon declared this ordinance duly passed and
adopted this ___ day of ~ __., 1994.
CITY oF SEBASTIAN, FLORIDA
.By:
ATTEST. Lonnie R. Powell, Mayor
City Clerk
(SEAL) .
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one public hearing was held' on this
'Ordinance at 7:00 p.m. on the day of , 1994, and
thatcity follo~ingcouncll, said public heari~his Ordina---~~assed by the
City Clerk
(SEAL)
Approved as to Form and Content:
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
I AGENDA FORM
SUBJECT:
Ordinance No. 0-94-04
Repealing the Sebastian Lakes
utility Franchise
APPROVED FOR SUBMITTAL BY:
City Manager:
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
Exhibits:
* 0-94-04
94.07!
~ Clerk ~'~
311194
3/9/94
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
~ STAT]~,MENT
The City Council, at its February 23, 1994 regular meeting,
approved Ordinance No. 0-94-04 on first reading and scheduled a
public hearing on the Ordinance for March 9, 1994.
If adopted, Ordinance No. 0-94-04 will repeal Appendix A,
Franchises, Article VIII of the Code of Ordinances, the Sebastian
Lakes Utility Franchise.
ACTION
Conduct the public hearing and adopt Ordinance No. 0-94-04,
repealing the Sebastian Lakes Utility franchise.
ORDINANCE NO. 0-94~04
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COU1TTY, FLORIDA, REPEALING ORDINANCE NO. 0-85-16~
REPEALING THE SEBASTIAN LAKES UTILITY COMPANY WATER AND
SEWER FRANCHISE; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH~ PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, pursuant to Ordinance No. 0-
85-16 adopted on September 11, 1985, granted Sebastian Lakes
Utility Company an exclusive franchise for the construction,
maintenance and operation of a public water system and a public
sewer system within a portion of city limits for a period of twenty
years; and
WHEREAS, on February 9, 1994, the City of Sebastian received
a contribution from Sebastian Lakes Utility Company and Sebastian
Lakes Associates of the Water and Wastewater Distribution and
Collection System operated by Sebastian Lakes Utility Company in
the City of Sebastian; and
WHEREAS, Sebastian Lakes Utility Company agreed to thereafter
refrain from operating a Water Distribution System, or a Sewer
Collection and Disposal System in the city limits of the City of
Sebastian; and
WHEREAS, Sebastian Lakes Utility Company no longer operates a
Water Distribution System or a Sewer Collection'and Disposal System
in the City of Sebastian and has forfeited all further right and
interest in the franchise to construct, operate and maintain a
public water system and a public sewer system in the City of
Sebastian.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
S~CTION 1. REPEAL AN~) TERMINATION OF THE SEBASTIAN LAKES
~.ILITY COMPANY PUBLIC SEWER SYSTEM.....FRANCHIS~.
The city hereby repeals, revokes and terminates Ordinance No.
0-85-16, thereby terminating the exclusive franchise previously
granted to Sebastian Lakes Utility Company to construct, operate
and maintain a public water system or a public sewer system within
certain portions of the City of Sebastian, Indian River County,
Florida.
.SECTION 2- CONFLICT.
Ail ordinances or parts of ordinances in conflict herewith are
hereby repealed.
sECTION 3. SEVERABILITY.
In the event a court of competent jurisdiction shall hold or
determine that any part of this Ordinance is invalid or
unconstitutional, the remainder of this Ordinance shall not be
affected and it will be presumed that the City Council of the City
of Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that the
City Council would have enacted the remainder of this Ordinance
without said invalid and unconstitutional provision there by
causing said remainder to remain in full force and effect.
SECTION 4. EFFECTIVE DATE.
This
passage.
Ordinance shall take effect immediately upon final
- 2 -
The foregoing Ordinance was moved for adoption by Council
Member
The motion was seconded by
Council Member
and, upon being put to a
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council Member Carolyn Corum
Council Member Norma J. Damp
Council Member Robert Freeland
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of
, 1994.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(S~L)
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that .one pUblic hearing was held on this
Ordinance at 7:00 p.m. on the day of , 1994, and
that following said public hearing this Ordinance was passed by the
City Council.
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
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City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, FEBRUARY 23, 1994 - 7:00 P.M.
CITY COUNCiL CHAMBERS
1225 MAIN STREET,. SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON iTEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Mayor Powell called the Regular Meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
invocation was given by Pastor Randy Berry, First
Baptist Church, Winter Beach.
4. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Also Present:
City Manager, Joel Koford
City Clerk, Kathryn M. O'Halloran
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Utilities Director, Richard Votapka
Golf Course Pro/Manager, Joseph O'Rourke
Airport Manager, John Van Antwerp
Deputy City Clerk, Sally Maio
Regular City Council Meeting
February 23, 1994
Page Two
94.073/
91.138/
90.116
The City Clerk introduced the new City Manager, Joel
Koford.
5. AGENDA MODIFICATIONS ,(ADDITIONS AND/OR DELETIONS} -
items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
Mayor Powell said he had been requested to move
agenda item 94.073 relative to Vickers Grove up on
the agenda since the action to be taken was merely to
set a public hearing.
MOTION by Freeland/Oberbeck
I would recommend that we move item E up to the
beginning of the agenda to item 7.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
6. PROCL]%MATIONS AND/OR ANNOUNCEMENTS
Mayor Powell inquired whether the City Council
concurred with the appointment of John Malek as
Chairman of the 4th of July Committee. It was the
consensus of City Council to appoint him.
The City Clerk was directed to notify Mr. Malek.
7. PUBLIC HE~ING. FINAL ACTION - None.
The following item was moved from New Business.
Schedule Public Hearinq .for Vickers Grove
Sandmininq s_pecial use permit - Request to Expand
Existinq Sandmine and Modif~ Preliminary Plat
(Director of Community Development Transmittal
d~ted 2/16/94)
Warren Dill, legal counsel for the applicant,
expressed concern for the necessity for special use
permit process.
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Regular City Council Meeting
February 23, 1994
Page Three
The City Attorney responded, noting that he had been
advised that the request is to expand the area in
which the sandmining would take place and the
Director of Community Development added that the
request is for an area not previously approved for
sandmining.
It was the consensus of City Council to schedule the
hearing for a special meeting on March 16, 1994 at
7:00 p.m.
The City Attorney said if Mr. Dill can show him that
the procedure is not necessary, he would not be
averse to changing his opinion.
The Director of Community Development said the
modification to the preliminary plat had been before
Planning and Zoning, will come before City Council
and that both procedures can be addressed on the same
night.
8. ITEMS CARRIED FORWARD FROM 2/9/94 REGULAR MEETING
94.058
Introduction of New Business from the Public -
Herbert Sturm, 549 Saunders Street, ~ -
Lack o__f Response from Council ~ S.heet)
Mr. Sturm referred to twenty-eight questions he had
previously submitted to City Council relative to Code
Enforcement Board and attorney procedures.
9. CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
Approval of Minutes - 2/4/94 Special Meeting,
2/5/94 Special Meeting, 2/9/94 Special and
Regular Meetings
Regular City Council Meeting
February 23, 1994
Page Four
94.059 B.
R~ NO~ R-94-13 - Vacation of Easement -
Repeal Resolution No. R-87-16 (City Clerk
Transmittal dated 2/15/94, City Clerk Memo dated
2/2/94, R-94-13)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE NORTH FIFTEEN FEET OF THE TWENTY-
FIVE FOOT WIDE REAR EASEMENT ON THE SOUTH SIDE OF
LOTS 4 AND 5, BLOCK 407, UNIT 7, SEBASTIAN HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK
6, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH,
INCLUDING RESOLUTION NO. R-87-16; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
94.060
O~ NO__=. R-94-$6 - vacation of Easement
(City Clerk Transmittal dated 2/15/94, R-94-16,
Application, Survey)
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A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE SOUTH FIVE FEET OF LOT 16 AND THE
NORTH FiVE FEET OF LOT 15, PUBLIC UTILITY AND
DRAINAGE EASEMENT, BLOCK 153, SEBASTIAN HIGHLANDS
UNIT 5, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PBI 5-102, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; PROViDiNG FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
94.061/
93.246/
92 · 179
RESOLUTION NO. R-94-1~ - Amending Legal
Description for Fischer Mulch/Burn Special Use
Permit Expiring 7/22/94 (Director of Community
Development Transmittal dated 2/15/94, City
Attorney Letter dated 12/1/93, R-94-15, Legal
Description)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-92-33,
PERTAINING TO THE GRANTING OF SPECIAL USE PERMIT FOR
THE OPERATION OF A MULCHING AND BURNING FACILITY,
PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT
CODE OF THE CITY OF SEBASTIAN, BY PROVIDING A MORE
SITE SPECIFIC LEGAL DESCRIPTION FOR A TRACT OF LAND
APPROXIMATELY 25.69 ACRES IN SIZE LOCATED NORTH OF
COUNTY ROAD 512, WEST OF THE SEBASTIAN RIVER, AND
EAST OF THE WESTERN CITY LIMITS, LOCATED IN THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
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Regular City Council Meeting
February 23, 1994
Page Five
94.046 E.
Waiver of Bidding Procedure - Golf Course Foot
Bridge - Southeastern Prestressed - Sole Source
for Concrete Pilings at Reduced Price - $2,777.50
(City Engineer Transmittal dated 2/14/94)
94.062 F.
Waiver of Bidding Procedure - Installation of
Eight Utility Crossings Under CR512 - Purchase
Materials from Davis Meter and Supply Company,
West Palm Beach, (Indian River County, St. Lucie
County and Orange County Bid Price) - $22,673.00
- Authorize Public Works to Install for Total
Project Cost of $33,850.00 (Utilities Director
Transmittal dated 2/16/94 [See List of Exhibits
in Packet])
94.003
Equity Study Commission - Appoint Maureen Poole,
Twin Rivers Realty (city Clerk Transmittal dated
2/17/94)
94.063 H.
Receive Code Enforcement Orders - No. 93-8933
(Malone), No. 93-9011 (Vasey)
94.064 I.
Request Use of Community Center - Cramer/Elam
Wedding and Reception - 3/26/94 - 5:30 pm to 9:30
pm - A/B - Permittee Cramer DOB 8/15/56 -
Security Paid (City Clerk Transmittal dated
2/8/94, Application)
The City Clerk read the consent agenda in its
entirety, including titles for Resolution Nos.
R-94-13, R-94-15 and R-94-16.
Mrs. Corum removed items E and H; Mr. Freeland
removed item F.
MOTION by Corum/Oberbeck
I make a motion for Council to approve items A,
B, C, D, G and I of the consent agenda.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
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Regular City Council Meeting
February 23, 1994
Page Six
Item E - ~ of Biddinq Procedu~9 - Golf Course
~ Bridge
Mrs. Corum recommended other prices be obtained. The
City Engineer reiterated that the vendor had two
pilings already prepared and was offering the city a
reduced price.
MOTION by Corum/
I make a motion to deny the waiver of bidding
procedure for the Golf Course footbridge.
MOTION died for lack of a second.
MOTION by Freeland/Oberbeck
I make a motion that we waive the bidding
procedure for the Golf Course footbridge.
Vice Mayor Oberbeck said "for the prestressed
concrete" and Mr. Freeland said "yes".
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - nay
MOTION CARRIED 4-1 (Corum - nay)
~~ - Waiver of Biddinq Procedure - ~ns~al!ation
o_~f Eight Utility ~rossinqs Under CR512
Mr. Freeland noted that in this case money has been
saved by staff for this bid waiver.
MOTION by Freeland/Damp
I would move to approve it.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
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Regular City Council Meeting
February 23, 1994
Page Seven
Item H - Receive .~odeoY~kf_gr~~ Orders - No. 9.~-
8933 (Malone), No___~. ~ CVasev)
Herbert Sturm, 549 Saunders Street, Sebastian,
inquired why the orders are placed on the consent
agenda and discussed each.
Vice Mayor Oberbeck excused from 7:35 p.m. to 7:37
p.m.
Mrs. Corum inquired about enforcement procedures and
the Director of Community Development responded that
enforcement is in accordance with City ordinances.
MOTION by Oberbeck/Freeland
I move that the Council receive Code Enforcement
orders No. 93-8933 (Malone), and No. 93-9011 (Vasey)
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
10. PRESENTATIONS
None.
11. CITY ATTORNEY MATTERS
None.
12. CITY MANAGER MATTERS
The Acting City Manager thanked all City staff and
said her time as interim City Manager was gratifying.
City Manager, Joel Koford, expressed appreciation for
his appointment.
7
Regular city Council Meeting
February 23, 1994
Page Eight
13. ~OMMITTEE REPORTS,/RECOMMENDATION~
A. CODE ENFORCEMENT .BOARD
94.065 1.
Accept Resiqnations of ~ DeRobertis and
Henry Fischer (Director of ~Q~munity
De~el0Pment Transmitta~ ~ 2/16/94.
DeRobert~s Letter dated 1/28/94. ~scher
Letter dated 2/15/94).
George Metcalf, Pine Street, Sebastian, discussed
board costs.
TAPE I - SIDE Ii (7:49 p.m.)
Mayor Powell advised Mr. Metcalf that this item was
not relative to costs.
MOTION by Corum/Freeland
I make a motion to move Mr. Metcalf's non agenda
item to the non-agenda item 17.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
Herbert Sturm, 549 Saunders Street, Sebastian,
requested City Council not to accept the resignations
until his allegations of official misconduct are
investigated.
MOTION by Oberbeck/Corum
I would move that we accept the resignation of
Donato DeRobertis and Henry Fischer from our Code
Enforcement Board with regrets.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
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Regular City Council Meeting
February 23, 1994
Page Nine
94.066 2.
94.067
A_D~_~nt Joseph Generazio t_~o Bus~R~ssman
.RQ~.ition .for Three year Term t__o ~ March
1997 and Readvertise ~0 Fill Two Vacant
Positions (D%rector of community Development
Transmittal dated 2/16/94. Application)
MOTION by Oberbeck/Damp
I would move to appoint Joe Generazio to the
businessman position for three years term to expire
March 1997 and readvertise to fill the two vacant
positions.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
B. BOARD OF ADJUSTMENT
Accept ResiGnation of Donald J. Elsessor
(Director of Communitl Development
~ dated ~ Elsessor ~
dated 10/29~93, Minutes Page)
MOTION by Oberbeck/Corum
I would move that we accept the resignation of
Don Elsessor from the Board of Adjustment with
regrets.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Mayor Powell called recess at 7:55 p.m. and
reconvened the meeting at 8:10 p.m. Ail members were
present.
Regular City Council Meeting
February 23, 1994
Page Ten
94.010 A.
~ NO. R-94.-.~8 - City Manager Employment
Agreement (Personnel Director Transmittal dated
2/17/94, R-94-18, Employment Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY
AND JOEL L. KOFORD FOR THE PURPOSE OF EMPLOYING MR.
KOFORD AS CITY MANAGER; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-94-18 by
title only and noted a minor correction in numbering
and addition of language at the beginning of Section
7 "Subject to any limitations imposed by Florida
Law,...". The city Manager concurred.
MOTION by Freeland/Oberbeck
I would move to adopt Resolution No. R-94-18
approving the contract between the city of Sebastian
and Joel L. Kolford with the corrections made by the
attorney.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Fr..land - aye
MOTION CARRIED 5-0
94.068/
93.247
Extend city clerk 20% compensation Durinq City
Manager Transition Period Up to Six Months (Vice
M_D_yor Oberbeck Transmittal dated 2/15/94. 8/11/93
Minutes Pa~
Vice Mayor Oberbeck said he presented this item,
explained his reasons and said the duration of the
increase would be the City Manager's discretion.
City Council discussion followed.
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Regular City Council Meeting
February 23, 1994
Page Eleven
94.069
15.
MOTION by Oberbeck/Damp
I move to change extending the compensation
period for three months as an Assistant to Mr.
Koford.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 4-1 (Corum - nay)
NEW BUSINESS
ORDINANCE NO. 0-94-02 - Repeal GDU Water
Franchise (City Clerk Transmittal dated 2/10/94,
0-94-02)
1st Reading, Set Public Hearing for 3/9/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-81-8;
REPEALING THE GENERAL DEVELOPMENT UTILITIES, INC.
WATER FRANCHISE; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-94-02 by title
only.
MOTION by Corum/Oberbeck
I move the approval of Ordinance 0-94-02 and
set the public hearing for 3/9/94.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
11
Regular City Council Meeting
February 23, 1994
Page Twelve
94.070 B.
94.071
ORDINANCE NO~ 0-94-03 - Repeal GDU Sewer
Franchise (City Clerk Transmittal dated 2/10/94,
0-94-03)
lst Reading, Set Public Hearing for 3/9/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-81-9;
REPEALING THE GENERAL DEVELOPMENT UTILITIES, INC.
SEWER FRANCHISE; PROVIDING FOR REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-94-03 by title
only.
MOTION by Oberbeck/Freeland
I would move we approve ordinance 0-94-03
repealing GDU sewer franchise and set public hearing
for March 9, 1994.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
ORDINANCE NO. Qr9.4-0.4 - Repeal Sebastian Lakes
Utility Franchise (City Clerk Transmittal dated
2/10/94, 0-94-04)
1st Reading, Set Public Hearing for 3/9/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING ORDINANCE NO. O-85-16;
REPEALING THE SEBASTIAN LAKES UTILITY COMPANY WATER
AND SEWER FRANCHISE; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-94-04 by title
only.
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Regular City Council Meeting
February 23, 1994
Page Thirteen
94.072
94~074/
92.233/
91.041
MOTION by Oberbeck/Corum
I would move we approve Ordinance 0-94-04 repeal
of Sebastian Lakes utility franchise and set public
hearing for 3/9/94.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Golf Course ~ Reuuest One Addit$ona~ Part-Time
~ ~tend.ant for Total of Four (Golf Course
Manaqer Transmittal ~ted 2/1/94, Buret Paqe)
Discussion of part-time benefits took place and
City Council concurred that it needed additional
information.
MOTION by Oberbeck/Corum
I would move that we table this matter until
such time as the adequate information is brought back
to Council with regard to this request.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
Request ~ Y~ar Time $~tension for San
Sebastian S~pr~nqs West Preliminary Plat (Director
of Community Development Transmittal dated
2/16/94, Fischer Letter dated 1/13/94)
The Director of Community Development recommended an
eighteen month extension in accordance with City
ordinances, however, he suggested that provisions be
reviewed in the future for possible amendment for
larger subdivisions.
13
Regular city Council Meeting
February 23, 1994
Page Fourteen
MOTION by Oberbeck/Freeland
I would move that we stick to the original
extensions as approved by this City and by our Code
and move to approve a request for Henry Fischer to
grant eighteen month's time extension for San
Sebastian Springs West.
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ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
16. ~¥OR AND CITY COUNCIL ~ATTERS
A. ~ Lonn~e R. Powell
In response to Mayor Powell, the City Attorney
reported on the Park Place surcharge, the City
Engineer reported on approval of the U.S. 1 median
strip landscaping grant, and Mayor Powell said he did
not attend a candidate's forum due to employment
responsibilities and would be unable to attend the
forum at the North County library for the same
reason.
B. Vice-Mayor Frank Oberbeck
Vice Mayor Oberbeck addressed a letter to the editor
listing Mrs. Corum's accomplishments on City Council.
C. Mrs. Carolyn
Mrs. Corum spoke on U.S. i median strip landscaping,
noting that the City Council had advised her to get
with the City Engineer on suggestions she had for
materials; inquired about placement of street light
on Wave Street to which the City Engineer responded
and the Director of Community Development reported on
a request to Dr. Fischer for placement of lights in
Chessers Gap; suggested that white lines and/or
reflectors be placed on Wave and Easy Streets;
TAPE II - SIDE I (8:51 p.m.)
and inquired about the requirement for parking spaces
at a new landscaping business on CR 512 and U.S. 1 to
which the Director of Community Development responded.
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Regular city Council Meeting
February 23, 1994
Page Fifteen
D. Mrs, ~ Damp
94.075
Seek ~ for Tracto~ Trailer ~ ~ND
Backum)
Mrs. Damp said she had received a letter from Henry
Fischer which stated he had been providing parking at
his industrial area on 99th Street for a fee.
The Airport Manager addressed City Council on
procedures for use of the airport for non-aviation
activities.
The Director of Community Development said there is
no approved site plan or occupational license for
parking of tractor trailers at the subject site and
said he would look into it.
E. Mr. Robert Freeland
Mr. Freeland referred to a letter to the editor and
noted that the accomplishments listed are shared by
all Council members; and welcomed Joel Koford aboard
as the new city Manager.
Vice Mayor Oberbeck spoke on a letter received
regarding traffic and pedestrian congestion on
Columbus Street adjacent to Sebastian Elementary and
suggested staff look into it.
Mayor Powell said the recently installed basketball
courts have been well received.
17.
INTRODUCTION OF NEW BUSINESS BY THE PUBL~_~ (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
Sal Neglia, 461 Georgia Boulevard, Sebastian, said
the six ole grouches sign on the south city limit is
unkempt; and suggested fish cleaning facilities be
placed at city ramps.
J.D. Hill, 121 Nebraska circle, Sebastian, submitted
a petition (see attached) to the city Council
requesting that "clean up" of the drainage ditch in
the area of Nebraska not be undertaken.
15
Regular city Council Meeting
February 23, 1994
Page Sixteen
Mayor Powell suggested that staff look at this item
and bring it back to City Council.
Herbert Sturm, 549 Saunders Street, Sebastian,
discussed Code Enforcement Board issues.
Councilmember Freeland and Vice Mayor Oberbeck were
excused from 9:15 p.m. to 9:19 p.m.
Vice Mayor Oberbeck asked if a court injunction can
be obtained to keep Mr. Sturm from tying up forty
minutes of every meeting. The City Attorney
suggested that Mr. Sturm be limited to the agenda
item.
A1 Vilardi, 445 Georgia Boulevard, Sebastian,
discussed a conditional use permit that came before
Planning and Zoning for a veterinarian clinic on CR
512 and that he, as spokesperson, had been denied the
right to speak on the site plan. He requested that
City Council review the site plan.
George Metcalf, 425 Pine Street, Sebastian, expressed
gratitude for Council's treatment of his error in
signing up.
18.
Being no further business, Mayor Powell adjourned the
regular meeting at 9:30 p.m.
Approved at the
Meeting.
, 1994, City Council
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
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TELEPHONE (407) 589-5330 n FAX (407) 589-5570
!
City o~ Sebastian
i 1225 MAIN STREET SEBASTIAN, FLORIDA 32958
~E (407) 589-5330 n FAX (407) 589-5
!
MINUTES
I SEBASTIAN CITY COUNCIL
SPECIAL MEETING .
I JRSDAY, FEBRUARY 24, 1994 - 5.30
CiTY COUNCIL CHAMBERS
;MAIN STREET, SEBASTIAN, FLOI
I ED ORDINANCES AND iNFORMAT
INSPECTED IN THE OFFICE OF TI
I [~, 1225 MAIN STREET, SEBASTIAN,
P~POSE: 12 HEARING ON COMMUNIC~TIOI'
i AMERICA CONTRACT IMPASSE ISSUES
1. Mayor Powell called the Special Me~
5:30 p.m. .
I 2. The Pledge of .llegiance was reclt~
I 3. ROLL CAL_~L
Present: Mayor Lonnie Powell
Vice Mayor Frank Ohs
i Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
i Staff Present: city Clerk, Kathryn
Asst. City Attorney,
I Finance Director,
Personnel Director,
Deputy. City Clerk,
I Also: Jim Carson
Lxnn,
CWA: Michael Grieco, ,
I Ken Ruth, CWA D1
Rick Doan, CWA L
Darryl Thompson,
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THURSDAY, FEBRUARY 24, 1994 - 5:30 P.M.
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND iNFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
PUBLIC HEARING ON COMMUNICATION WORKERS OF
Meeting to order at
of Allegiance was recited.
Vice Mayor Frank Oberbeck
Kathryn M. O'Halloran
Richard Torpy
Marilyn Swichkow
Wendy Widmann
Sally Maio
Carson and Linn
CWA Representative
CWA District Representative
Local 3180 President
CWA Vice President
Sebastian Unit
Special City Council Meeting
February 24, 1994
Page Two
®
PUBLIC HEARING ON COMMUNICATION WORKERS OF
AMERICA CONTRACT IMPASSE ISSUES (Acting City Manager
Transmittal Memo dated 2/9/94)
The Assistant City Attorney advised on procedures to
be followed for the orderly conduct of the hearing to
allow each representative approximately twenty
minutes for presentation.
Jim Linn, Carson and Linn, special labor counsel for
the City of Sebastian, presented the cities' position,
and with the assistance of the Personnel Director,
distributed supporting documentation.
Michael Grieco, Communications Workers of America,
presented the union's position.
Following the two presentations, City Council
deliberation took place.
Temporary Upgrade
TAPE I - SIDE Ii (6:18 p.m.)
Following a brief discussion, motion was made.
MOTION by Corum
I make a motion to accept the Special Master's,
Mr. Carey's recommendation on the issue of temporary
upgrades for city staff.
MOTION died for lack of a second.
MOTION by Damp/Corum
I'll make a motion that we accept the temporary
upgrade for temporary assignment for three
consecutive work days with a regular hourly rate of
thirty cents.
ROLL CALL:
Mr. Oberbeck - nay
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - nay
Mayor Powell - nay
MOTION FAILED 2-3 (Oberbeck, Freeland and Powell nay)
MOTION by Corum/Damp
I make a motion to make it two days for the city
employees to receive a temporary upgrade.
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Special City Council Meeting
February 24, 1994
Page Three
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - nay
Mayor Powell - nay
Mr. Oberbeck - nay
MOTION FAILED 2-3 (Freeland, Powell and Oberbeck nay)
MOTION by Powell/Freeland
I make a motion that we go along with the
recommendation that was given to us by City Manager
(see attached).
ROLL CALL:
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - nay
MOTION CARRIED 3-2 (Damp and Corum nay)
Mayor Powell called recess at 6:28 p.m. and
re¢onvened the meeting at 6:35 p.m. Ail members were
present.
and SteD Plan
Following a brief discussion, motion was made.
MOTION by Freeland/Oberbeck
I would like to go along with the recommendation
of management at this time and go for the merit pool
and if you want a motion, I'll make a motion that we
do that, the staff recommendation (see attached).
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - nay
Mrs. Damp - aye
MOTION CARRIED 4-1 (Corum - nay)
Being no further business, Mayor Powell adjourned the
meeting at 7:00 p.m.
Special City Council Meeting
February 24, 1994
Page Four
Approved at the
Meeting.
, 1994, City Council
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
city Clerk
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City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
WEDNESDAY, MARCH 2, 1994 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Individuals shall address the City Council with respect to agenda items immediately prior to
deliberation of the item by the City Council if they have signed the sign-up sheet provided prior
to the meeting - limit often minutes per speaker (R-93-19)
Introduction of New Business from the Public shall not be allowed at City Council 14brkshops
(R-93-19).
Mayor Powell called the workshop to order at 7:00
p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Also
Present:
City Manager, Joel L. Koford
City Clerk, Kathryn M. O'Halloran
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Golf Course Superintendent, chris McCarthy
Deputy City Clerk, Sally Maio
City Council Workshop
March 2, 1994
Page Two
e
AGENDA MoDiFICATIONS D/~__~J~AND/OR DELETIONS)
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No..R-95-19).
None.
5. ~O~¢EMENTS
Mayor Powell announced the opening ceremonies for
Little League on Saturday, March 5 at Barber Street
Sports Complex.
Mrs. Corum said she had been informed that there is
no American Flag at Barber Street Sports Complex for
these type of ceremonies and Mayor Powell responded
that there has always been one in the past.
6. CONSENT ~GEND~
94.078
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
A. -Bid Award - Golf Course Fertilizer - 22 Tons -
Golf Ventures - Lakeland - $13,681.00 (Golf
Course Superintendent Transmittal dated 2/23/94)
94.079
Bid Award - Sod Supply/installation - B and T Sod
- One Year Contract (City Engineer Transmittal
dated 2/22/94, Bid Tabulation)
94.080
Ameron Homes - Specimen Tree Removal Request -
Lot 17, Block 460, Unit 17, Sebastian Highlands -
One Pine - Four Oaks (Director of Community
Development Transmittal dated 2/23/94,
Application and Survey)
The City Clerk read the consent agenda in its
entirety.
Mrs. Corum removed item C.
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City Council Workshop
March 2, 1994
Page Three
5
MOTION by Freeland/Oberbeck
I make a motion that we approve items A and B on
the consent agenda.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
Item C
Mrs. Corum inquired whether one of the oaks could be
saved.
The Director of Community Development responded that
staff will look into it and can suggest that the
homeowner retain the tree if possible.
MOTION by Freeland/Oberbeck
I would move that we approve item C on the
consent agenda.
ROLL CALL:
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 4-1 (Corum - nay)
CITY ATTORNEY MATTERS
The City Attorney reported that he will be out of
state next Wednesday and that Assistant City Attorney
Torpy will attend the March 9, 1994 meeting.
In response to Mr. Freeland, the Director of
Community Development gave an update on the Julian
property, stating that the contract has been reviewed
and approved by staff and that foreclosure will take
place on March 23, 1994.
The City Manager, in response to Vice Mayor Oberbeck
and Mayor Powell, briefly reported that he had met
with Dennis Fink to accept his proposal on the Golf
Course restaurant lease and will bring back further
details to City Council at a later date.
3
City Council Workshop
March 2, 1994
Page Four
94.081
94.047/
93.336
The City Manager stated that he will be out of state
March 3, 4, 5 and 6. Mayor Powell noted that City
Council agreed to this during negotiations.
9. WORKSHOP ITEMS
Street Improvement Proqram - Fiscal ~ 93/94
(Citv Enaineer Transmittal ~ .~/16/94, McClarv
~ ~ated 3/30/93. Cost List)
The City Engineer reiterated his recommendation on
the 93/94 Street Improvement Program.
Discussion took place on a letter received today
relative to Pine Street, and how the City Engineer
determines which streets are to be repaired.
MOTION by Oberbeck/Corum
I would move that we approve the request for the
paving plan as submitted to us by the City Engineer
for the year 1993/1994.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
Request for ~ ci~ council tq Consider
ParticiDatinq with Indian River ~ in the
Development of a Countv-Wide Scrub J_~ ~abitat
Conservation Plan (City Clerk Transmittal dated
2/24/94. DeBlois Letter dated ~
Wally Kramer, Micco and Mike Murray, 595 Futch Way,
Sebastian; addressed City Council relative to lot
owners who are unable to build due to the existence
of scrub jays.
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City Council Workshop
March 2, 1994
Page Five
The Director of Community Development reiterated that
as of November 8, 1993 U.S. Fish and Wildlife
notified the city it will no longer issue "no take"
letters to property owners on a lot by lot basis,
suggested waiting for a response from Fish and
Wildlife to his February 16, 1994 letter, and once
received he be directed to send a letter to
Washington, recommended indicating to the County that
the city wishes to participate subsequent to the
City's issue with Fish and Wildlife being resolved,
and said that Roland DeBlois, Chief of Environmental
Planning for Indian River County, was in the audience
to answer questions.
Roland DeBlois, Indian River County, reported that
the County had identified a parcel of land south of
the city limit for acquisition, said identification
of other areas would be done through the plan, said
Congressman Bacchus' office had indicated a
willingness to assist with obtaining funding,
requested input from City Council on its willingness
to participate, and that he was familiar with the
City's situation relative to individual lots.
A lengthy City Council discussion took place on Fish
and Wildlife's reluctance to issue no take letters on
approximately 2,000 individual lots and the prqposed
county-wide plan.
Mr. DeBlois said that to be most effective, the
City's participation would be helpful, however, the
county could still proceed.
TAPE I - SIDE II (7:48 p.m.)
City Council discussion continued.
The Director of Community said he hoped that the
County would include the City in its request for
funding, and requested approval to send out notices
to all affected vacant lot owners advising them of
the City's stance on the issue and names of contact
people.
City Council discussion continued.
5
City Council Workshop
March 2, 1994
Page Six
The City Attorney opined that administration of the
Endangered Species Act by U.S. Fish and Wildlife
appears to be a national problem, that if he
personally was denied the right to build on a platted
lot zoned for single family residential he would
bring an action against the agency for taking the
property, recommended that the City continue to lobby
federal officials on behalf of its citizens, and
that the taking of private property should be shared
by all U.S. taxpayers and not by individual lot
owners, if U.S. Fish and Wildlife believes a
particular lot is important to the preservation of
the species.
The Director of Community Development stated that
property owners have been advised by U.S. Fish and
Wildlife that they cannot build until they submit the
proper components of an HCP.
Discussion of funding for mitigation took place.
It was the consensus of city Council to wait for a
formal response from Fish and Wildlife, keep the
County advised of the City's situation and, if the
City receives satisfaction from Fish and Wildlife, to
join with the County in a plan, and to direct staff
to send a letter to Washington and to all affected
property owners.
Mayor Powell called recess at 8:20 p.m. and
reconvened the meeting at 8:33 p.m. Ail members were
present.
10. MAYOR ~ CITY COUNCIL MATTERS
A. Vice-Mayor Frank 9berbeck
Mr. Oberbeck announced that Boy Scout Troop #599 will
conduct a fundraiser spaghetti dinner on March 5,
1994 at the Methodist Church.
B. Mrs. CarolYn Corum
Mrs. Corum discussed drainage problems and
recommended the City establish a stormwater master
plan. Mr. Oberbeck said a prior City Council had
appropriated $100,000 for a drainage plan, but the
funds were spent in other areas.
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City Council Workshop
March 2, 1994
Page Seven
Discussion of future drainage needs followed.
Mrs. Corum requested a financial projection on the
proposed purchase of the Julian property. The City
Attorney responded that the City Council voted on
entering into a purchase agreement based on a thirty
day evaluation relative to certain conditions and
said he did not believe an accurate prospectus on
sale of surplus land can be obtained within that
thirty day period until such time as certain other
facts are determined.
TAPE II - SIDE I (8:47 p.m.)
Mrs. Damp said she had heard a rumor that the
property owner had worked out something with the bank
and the property is no longer for sale.
c. Mrs. Norma Damp
Mrs. Damp thanked County Commissioner, Fran Adams for
her participation in the relocation of the Bob Circle
Church.
D. Mr. Robert Freeland
Mr. Freeland urged support for the airport referendum
on the March 8, 1994 ballot.
E. ~ayor Lonnie R. ~
94.082
~ for Use of Riverview P~rk for "Meet
the Candidat~!~ ~rbecue (Director of
Community Development Transmittal dated
~ Powell Letter dated 2124]94)
MOTION by Corum/Oberbeck
I move the approval to let Mayor Lonnie Powell
use the Riverview Park according to directions by
City staff including to put up a sign for one day
only.
Mayor Powell inquired about the $100 security
deposit which must come from election funds, and Mr.
Oberbeck suggested it be paid to the City and when
returned, donate it to a worthy cause.
7
City Council Workshop
March 2, 1994
Page Eight
11.
ROLL CALL:
Mr. Freeland.- aye
Mayor Powell - abstained
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 4-0 (Powell abstained)
The City Clerk noted that the Mayor will be required
to fill out Form 8B and it will be attached to the
minutes.
Being no further business, Mayor Powell adjourned the
workshop at 9:00 p.m.
Approved at the
Meeting.
, 1994, City Council
Lonnie R. Powell, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
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CITY OF SEBASTIAN,
Petitioner,
VS.
DENNIS DERNBA~,
Respondent.
CODE ENFORCEMENT BOARD
CIT~ OF SEBASTI~/~
COMPLAINT NO.
93-8963
FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND ORDER
THIS CAUSE came on for public hearing before the Code
Enforcement Board of the City of Sebastian, on February !6~ 1994
after due notice to the Respondent and based on the evidence
presented, the Code Enforcement Board makes the following:
FINDINGS OF~F~A~
That the respondent...iS...~e owner of the property located at Lot 30J
Block 559, Unit $16 Sebastian Highlands located at 170...Kildare
Drive, Sebastian, ..FL......3.2.~..5_~3 Junk & trash at side of house & in
driveway on bhe above propertY. (reoccurrence)
WHEREFORE, based upon the forementioned Findings of Fact, the
Code Enforcement Board makes the following:
CONCLUSIONS OF LAW
That the respondent is in violation of Section 86-47 of the Code of
9rdinances - It. shall be unlawful for any person to deposit, keep
or maintain any dunk in any .lot or space within the City, except
only that trash, garbage or other waste from livin~quarters may be
deposited in the place provided bY the City for such deposit.
WHEREFORE, based upon the foregoing Findings of Fact and
Conclusions of Law, it is hereby ordered as follows:
Respondent shall have 3 business daI~ from the date of receip~
of this order ~o brin~ the property into compliance.
U~o~failureof the Respondent to comply with this Order,
.Code Enforcement_Board does !~vY a fine of UR..to $ 100.00 for every
day the vlol_a~ion continues Bast the date set for compliance. It
shall be the responsibility of the Respondent to notify the Code
Enforcement officer that compliance has been achieved.
If Respondent does not comply on or before the date set for
compliance, an Order imposing a fine may be recorded in the
Official Records of Indian River County, and once recorded, SHALL
CONSTITUTE A LIEN against the property upon which the violations
exist and upon any other real or personal property owned by the
Respondent.
If Respondent causes a reoccurrence of the violation, this
Board shall after notification to the Respondent, reconvene in the
Council Chambers to hear further evidence on the issue of
compliance and may impose a fine of up to the maximum amount of
$500.00 per day for each day the violation continues beyond the
compliance date.
The foregoing Order was moved for adoption by the Code Board
member Joan Kostenbader . The motion was seconded by Code Board
member _Donato Derobertis and, upon being put to a vote, the vote
was as follows:
Chairman Damien ~illiams
· Vice Chairman Joan Kostenbader
Board Member Donato Derobertis
Board Member Henry Fischer
Board Member Louis Nicolini
Board Member George Metcalf
Yes
Yes
Absent
Yes
The Chairman thereupon declared this order duly passed and
adopted this 16 day of February , 1994.
DONE AND ORDERED in Sebastian, Indian River County, Florida,
FLORIDA
~AiRMA~,~de Enforcement Board
NUNC P~
ATTEST:
~lerk, C~e Enforcement Board
City of Sebastian
I 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT: Well installation
U. S. #1 medians
Approved for Submittal By:
City Manager ~'~
~ .
Agenda No.
Dept. Origin
Date Submitted
ENG / I~
02-28-94
For Agenda of
03-09-94
Exhibits: Bid tabulation form
EXPENDITURE
REQUIRED:
$1,700.
AMOUNT
BUDGETED: $ 000
APPROPRIATION
REQUIRED: $1,700.
SUMMARY STATEMENT
Four bids were received and read aloud at 2:00 p.m. on
February 28, 1994 in the City Manager's conference room.
The apparent low bidder was Heidikruger Shallow Wells Inc.
at $425 per 70 foot deep shallow well. Four wells are planned
for a total price of $1,700. Funding for this project will
come from the Riverfront improvements capital projects fund
301-572-630. The budgeted amount is $20,000 with YTD (1-31-94)
expenditures at $3,100. A new line item for U.S,-1 Median
improvements will be presented to City Council for approval as
part of the let budget amendment.
RECOMMENDED ACTION
Move to award the U.S. #1 Median shallow well installation
to Heidikruger Shallow Wells, Inc. for an amount of $1,700.
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 13 FAX (407) 589-5570
BID TABULATION
CITY OF SEBASTIAN
BIDS DUE Febru&ry 28, 1994 2:00 P.M.
CONTRACTOR/VENDOR DESCRIPTION COST
HEIDIKRUGER SHALLOW WELL
UNITED IRRIGATION
RELIABLE WELL DRILLING
JORDAN SPRINKLERS
INSTALLATION $425
INSTALLATION $545
INSTALLATION $500
INSTALLATION $675
NO OTHER BiDS WE~t~ R~CZIV~D
REMARKS
TOTAL $1700
TOTAL $2180
TOTAL $2200
TOTAL $2700
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
REQUEST TO REMOVE SPECIMEN TREES,
AMERON HOMES
Approved For Submittal By:
City Manager ~~
Agenda Number:
Dept. Origin: Community Development
Date Submitted: 02/28/94 (BC,//____~ ~--
For Agenda Of: 03/09/94
Exhibits: Land clearing application
and survey.
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMHARY STATEMENT
Pursuant to the City Council's direction at its regular meeting of
May 22, 1991, the City of Sebastian Building Department requires a tree
removal permit to be obtained prior to removal of trees.
The applicant, Ameron Homes, is requesting removal of 1 specimen oak tree
located at 391 Belfast Terr. (Lot 2, Block 304, Sebastian Highlands Unit
10). The tree is located in the proposed area of where the house
will be located.
RECOMMENDED ACTION
Move to approve the removal of the specimen tree located at Lot 2, Block
304, Sebastian Highlands Subdivision Unit 10.
S'I'~EET ADI)IiESS t_ '391' BELFAST TE~ .......
LOT NO.:~ Bbocg NO.~ '304 UNIT NO.t 10
B, OBI~.I V I S 1ON, _ S~ba~:ian Highlands ~
CONI llACTOIt i~aO~ Ilom~
I Ill)NB. ~9-1~ .................................................................
SU.-CO iCTO., ....
iIEASON El)It TII~ PEII~IT: To ~0~~ ~ ~llgle F~t R idence
O~Ng~ OF I'llOPE~TYi Mr and Mrs J DelBallo
I certify that all Ehe [oregoi{{g information is accurate
~ha~ all ~ork ~tll be done tn compile,ce ~itl, the Eand
lIevelopme,E Code ( ArEiele XlV ~
~ ~ THERE IS l' 'SPECIMEN TREE ON TIlE
APPLICATION ~UST 1NCLUDE: ~
.... ~--~ ~r~'C~a[e all specimen ~rees 120 inch
diameter or more}. Infllca[e ~htch [tees ~o be
removed a~d/or reloca[ed. Indtca[e ~he ~pecles
each tree. Al I spe~'tmen ~rees 1 20 i.,oh diameter or
more} .to be removed or relocated mus~ ob[atn
approval o[ ~he Sebastian Oil;? Council. A survey
imtdlcaki.~lq all tmpt'ovementm must be. sublnitted t,
relation ~o the r~moval o[ [he specimen [rees.
2. A~pI~.c~I,I: must I:ag' all's~,ecim?, trees wit:l, a I, right
ribbo~l around the'tree approximately 6 ~eet abov~
bite 9rede.
APPROVED FOR PE~HIT~~~z ........ // ~
IF YE~, DATE OF_CITY COUNCIl, APPIIOVAI,{ ........
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.EtAILMLE
Im144, irE (NF. ALI,' IO,,'lr
'mr ~§' 3g'4l~
CITT m, ITII ' ~
, AYAILAI~
ft
I
PRO'~
'LIT i
BLgC~ ~N
nE~IALrNCE %
Hap No. 1206LcOTeg, t~an~,l
Hay 4, 1989, thLe
in Flo~ ~ne X.
ALL TAr. ANT
PLOT pLANS NOT
TO BE USED FOR
cONSTRUCTiON
LA~¥OUT PURPOSES.
""PLAT OF SURVEY FOR: AH.~m~ .Oars. I.c.
I1~#11~1! /iR~ NQT 1o ~N[ Rl[t~llrB t~eOff I~11 KM.(
lOT ~ BLOCK S04
SEBASTIAN HI~HLM~IDS UNIT I0
TYPE.
--!
DATE JOB ~
KEVIN A. SMITH LAND sURVEYING, INC.
140g Pill k! ~ld, lLL Pill k~,Pl~'ldi ~
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City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
AGENDA FORM
SUBJECT=
Appointment of Equity Study
Commission Member
Approved for Submittal By:
Acting
City Manager
) Dept. Origin: City ~
)
) Date Submitted: 3/3/94
)
) For Agenda of: ~
)
) Exhibits: Poole Letter dated
) 2/28/94
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED=
SUMMARX STATEMENT
Councilmember Corum has been requested to appoint a member
from the local business community to form a diverse committee of
five.
RECOMMENDED ACTION
Move to approve the appointment of Carl Fischer, Real Estate
Broker, Town & Country Realty to the Equity Study Commission.
TWIN RIVERS REALTY, INC.
645 Fellsmere Road
Sebastian, Florida 32958
Phone. 407-589-0838
February 28, 1994
K.athryn M. O'Halloran, CMC, AAE
Cxty Clerk ~.>
cit~ of Sebastian
1225 Main Street
Sebastian, FL 32958
Dear Ms. O'Halloran:
I thank Mrs. Corum for the nomination to the Equity Study
Co~ission, however, after much consideration and my busy
schedule, I find that it would be unadvisable for me to
commit to such an undertaking at this time.
I. am hereby returning the application and the booklet to
you_
serve the City of Sebastian at a future date.
Very truly yours,
tensed Real Estate Broker
mhp
encls.
"For All Your Real Estate Needs"
Residential. Commercial · Lots · Acreage · Waterfront. Groves · Industrial
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE 589-5330 u FAX 589-5570
(407)
(407)
SUBJECT: REQUEST FROM SEBASTIAN
LIONS CLUB TO UTILIZE RIVERVIEW
PARK
Approval for Submittal By:
City Manager ~~ ~
Agenda Number:
Dept. Origin; communit_v Develop~ent
Date Submitted: 03/02/94
For Agenda Of: .03/09/94
Exhibits:
1.
Letter dated 2/17/94 from Douglas
Anderson
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Sebastian Lions Club is requesting.to utilize Riverview Park on Saturday,
April 16, 1994 from 3:30 P.M. to 6:30 P.M. for its Spring Steak Fry. They
will be asking for a donation of $7.95.
RECOMMENDED ACTION
Move to approve the request from the Sebastian Lions Club to utilize
Riverview Park on April 16, 1994 from 3:30 P.M. to 6:30 P.M subject to the
following:
$100.00 security deposit.
No vehicles in the park.
Applicant to provide sufficient waste receptacles and clean up after the
event.
No alcohol beverages are permitted within the park.
Any displays must be cleared of the sidewalks and entranceways.
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SEBASTIAN
C I TY OF S~AST i AN ~ FEBRUARY/~~'~ --~
THE SEBASTIAN LIONS CLUB IS PLANNING iT'S SPRING STEAK
FRY TO BE HELD ON SATURDAY, APRIL 16, 1994 FROM 3:30 P.M.
TO 6~30 P.M. AND ONCE AGAIN REQUESTS PREMISSION TO USE THE
RIVERVIEW PARK FOR THIS FUNCTION.
AS SOON AS APPROVAL HAS BEEN GIVEN PLEASE LET ME KNOW, SO
THAT WE CAN HAVE THE TICKETS PRINTED FOR OUR MEMBERS TO
BEGIN ADVANCED SALES.
THANK YOU.
SEBASTIAN LIONS CLUB SECRETARY
DOUGLAS A. ANDERSON
7490 AGAWAM ROAD
SEBASTIAN, FL. 32976
TELEPHONE 664-7201
I City of Sebastiatt
r, osl' office cox 78ot27 o SEBASTIAN. FLORIDA
?ELEPItONE (407) 589-5330
FAX 40?-Sea-5570
SUBJECT:
4 Part Time Cart Attendants
Approved For Submittal gyt
C.{~y Heneger
Agenda No.
Dept. Origin
Date Submitted
For Agenda Of
3-2-94
3-9-94
Permanent Part Time Employee's
Compensation Requirements
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
We currently have three (3) part time Cart Attendants in the
budget. The workload per week is ninety (90) hours. Each
Cart Attendant works thirty (30) hours per week. If one is
sick, on vacation or Personal Day, it leaves a burden or
overtime on the others. I am asking for one (1) additional
part time Cart Attendant, or four (4) part time Cart Attendants
(total). The cost or budqetin~ would not change and this
would shorten the hours worked per part time Cartman.
RECOMMENDED ACTION
Move to acquire one additional Permanent Part Time Cart Man.
City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
Current Contract Benefits for permanent part-time employees
Accumulates 40 hours vacation leave/year
Accumulates 48 hours sick leave/year
No holiday pay; double time for working on a holiday.
~.year without using a sick day, employee is eligible for
has/her bzrthday off with pay plus i day's pay (4 hours).
5. No City paid health insurance.
Proposed New Contract Benefits for permanent part--time employees
Pro rata vacation leave
(for employee scheduled to work
30 hrs. per pay period) =
Pro rata sick leave
(for employee scheduled to work
30 hrs. per pay period) =
accumulates
accumulates
Pro rata holiday pay
(for employee scheduled to work
30 hours) =
-plus time and one half for time worked on
30 hours/year
36 hours/year
3 hours holiday pay a holiday.
4. Same as #4 above, but pro rata ! day's pay (Ex. 3 hours)
5~ Same as #5 above.
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City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT: Resolution R-94-20
Approved for Submittal By:
City Manager
Agenda No.
Dept. Origin
Date Submitted
ENG / P~
03 -03-94
For Agenda of 03-09-94
Exhibits: FBIP Application with
attachments.
EXPENDITURE AMOUNT
REQUIRED: N/A BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The renovations to the fishing pier and finger pier extensions
for the Sebastian Yacht Club is estimated to cost approximately
$65,000. The Florida Boating Improvement Program (FBIP)
is a state operated fund which receives money locally from the
County. Then the State distributes the grants on a project by
project basis for outdoor recreational sites and facilities for
the use and benefit of the public. The City has been working
with the County to obtain funding for this project. This is
evident in a memo dated April 6th, 1992 from the County's Public
Works Director to the County Administrator recommending funding
of $40,000 to be allocated from the F.B.I.P. Boating Fund for
this project.
The City engaged Consultants, Riomar Engineering to obtain
permitting for the proposed renovations and improvements on
September 1st, 1992. A permit was received from the Department of
Environmental Protection on November 23, 1993. I contacted the
County to determine the procedures for obtaining funding for this
project to advertise for construction. The County explained that
a permit application would need to be completed by the City. A
Resolution from the Council to the County would be helpful for
County Commission approval and would aid in the appropriations at
the State level. Therefore, if the council desires to move
forward with the construction of this project, at the Yacht Club,
it would be appropriate to express this in the form of a
Resolution to the County seeking funding for a portion of this
project.
RECOMMENDED ACTION
Move to approve Resolution No. R-94-20 to direct the County to
seek funding from the Florida Boating Improvement ProGram.
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RESOLUTION NO. R-94-20
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REQUESTING ASSISTANCE FROM INDIAN
RIVER COUNTY IN SOLICITING FUNDS, ON BEHALF OF THE CITY
OF SEBASTIAN, FROM THE FLORIDA BOAT IMPROVEMENTS
PROGRAM (FEIP) FOR YACHT CLUB PIER IMPROVEMENTS;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDINg FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida is interested in carrying out the following
described project for the enjoyment of the citizenry of the City
of Sebastian, Indian River County and the State of Florida:
Project Title: Sebastla~.....~acht Club
Total Estimated Cost: ~
Brief Description of Project: Fishln~ Pier and FinGer
Pier Extension at the Sebastian Yacht Club located i-
Sebastian, Florida.
and;
WHEREAS, Florida Boat Improvements Program (FBiP) financial
assistance is required for the project mentioned above.
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE
CITY OF SEBASTIAN, as follows:
SECTION 1. That the City Council of the City of Sebastian
requests that the Board of County Commissioners of Indian River
County, Florida, seeks funds pursuant to the Florida Boat
Improvement Program in the amount of $40,000.00 to be utilized to
complete the project described in the recitals of this
Resolution, in accordance with the plans and specifications
attached to this Resolution as Exhibit "A" and incorporated
herein by this reference.
SECTION Z. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed
that the City Council of the City of Sebastian did not intend to
enact such invalid or unconstitutional provision. It shall
further be assumed that the City Council would have enacted the
remainder of this Resolution without such invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
SECTION 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing
Councilmember
by Councilmember
a vote, the vote was as follows:
Resolution was
moved for adoption by
. The motion was seconded
and, upon being put into
Mayor Lonnie R. Powell
Vice Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma Damp
Councilmember Robert Freeland
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The Mayor thereupon declared this Resolution duly passed and
adopted this day of ~ , 1994.
CITY OF SEBASTIAN, FLORIDA
By-
Lonnie R. Powell
Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash, City Attorney
3
FLORIDA DEPAR'I~SENT OF NATURAL RESOURCES
Florida Boet~ng Xuprovement ProgEau
Project Ipp~lont~on
Pert ~: ~denti~ieation
For O££ioe Use
Pro~ect J:
Date Received:
Applicant ln£or~ation
Applicant:... city of Sebastian o~O Indian River county
Project Title: Sebast..iAn Yacht ~l.ub....~acilitiesREnovation
Legislative District in which Project Site is Located:
State Senate: ~ state House: ~
Liaison
Agent: Daniel C. Eckis, P.E.
Title:
City Engineer/Public Works Director
1225 Main Street
Sebastian, F1 32958
Address:
zip code:
Telephone:. (407) 589-5490
I hereby certify that the information provided in this
application is true and accurate.
Signature:
Daniel C. Eckis, P.E.
Date:
ProJeet Xn£ormation
Grant Amount Requested: $ 40.000.00
Funds are Utilized as Match for: LWCF N/A
Project Type (check one):
Acquisition __ Development XX
Site Control (check one):
Acquiring Leased
If Leased, Date of Expiration: .N~6 .....
FRDAP ~
Retroactive
OWn XXX
Brief Project Description: 350 ~.~...Fishing Pier renovations including
deck replacement, handrail, benches, ~.ighting and construction
of a new wave attenuator; Extension of both the north and south
finger piers approximately 93 LF total.
DNa 42-034
Revised 8/17/89
Page 1
10
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FLORZDA DEPARTMENT OF NATURAL RESOURCES
Florida Doe~ing zmprovemon~ ~rogra~
Yro~eot &pplieation
PeF~ ~ Aoquts~t~on
For office Use
Project J:
Applicant~
THIS SHEET IS NOT APPLICABLE'
Project Description
Total Acreage~
Legal Description:
Section
Land Water
(sttach additions1 psges if necessary)
Township, Range
Brief Description of Property's Physical Characteristics:
Pric6: Negotiated $
Date of Acquisition: Retroactive
Purchased $.
Proposed
Location Map:
Site Plan:
Resolution:
Boundary Map:
Required Attachments
Provide a detailed street, road or highway map
locating the project site along with driving
instructions from the nearest federal or state
highway.
Provide a conceptual site plan displaying
location of planned facilities.
Provide an official resolution by the
applicant(s) requesting funds for the project.
Provide a boundary map clearly identifying the
project boundaries.
DNR 42-034
Revised 8/17/89
Page 3
11
FLORIDA DEP~NT OF NATUR~. ~$OURC~S
ProJeo~ &pplioe~iom
Part B: Development
For Office Uee
Project J:
Applicant
ProJeot Doooription
Type and Estimated Cost of Proposed Development by Facility:
Quahtl'{y Estimated ...........
Facility (Number and/or cost
Footage)
8' wide fishing pier 350'
4' wide finger pier 93'
Total ~ 65,000.00
Required Xtteolments
Location Map:
Provide a detailed street, road or highway map
locating the project site along vith driving
instructions from the nearest federal or state
highway.
Site Plan:
Resolution:
Boundary Map:
Provide a conceptual site plan displaying
location of planned facilities, if applicable.
Provide an official resolution by the
applicant requesting program funds for
the project.
Provide a boundary map clearly identifying the
project boundaries.
DNR 42-034
Revised 8/17/89
Page 2
12
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VARIE,S
4°1 2'
CO O -0
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"~ RAMP UP TO MEET "-"
2 ! ELEVAIiON OF EXISTING
g' NORTHERN DOCK [ 32
i= v^~i"[s~1~
i .... Florida Department o.
! Environmental P otection
I ,, · Marjory Stoncman Douglas
3900 Commonwealth Boulevard Virginia B. Wethcrell
Lawt-- Chiles
C.vernor Tallahassce, Florida 32399-3000 Secretary
November 23, 1993
City of Sebastian
c/o John Michael Schram
Riomar Engineers & Contractors
420 Fourth Avenue
Indialantic, Florida 32903
File No.: 312264604
Applicant: City of Sebastian
Dear Mr. Schram:
You are hereby granted authorization to add a 20 foot extension to
the existing 35 foot long by g foot wide southern boat launching
pier/dock; add an additional 72 feet to the northern boat launching
pier/dock; and install 108 linear feet of wave attenuator along the
north side of the existing fishing p~er as proposed in the Division
of Water Management Wetland Resource Permit No. 312264604, dated
October 23, 1993, in Section 06, Township 31 South, Range 39 East,
Indian River County. This authorization is conditioned upon the
following:
.1.
Acceptance of and compliance with the attached General Consent.
Conditions; and
Grantee shall install and maintain a manatee informational
display, at a location and of a format acceptable to the
Division of Marine Resources (DMR), informing the boating
public of the habitat and mannerisms of manatees and potential
threat boats can impose on the continued existence of the
endangered manatee. The display shall contain information
making operators of vessels moored at this faciiity aware of
the danger boats can cause to the endangered manatee when they
are operated above slow speeds in grass flats or areas
shallower than four feet. Grantee agrees to install and
maintain manatee awareness signs at locations and of a format
acceptable to the DMR, advising boaters to exercise extreme
caution due to the presence of manatees in the area. Grantee
hereby accepts the responsibility to contact and comply with
the requirements of the DMR (3900 Commonwealth Boulevard,
Mail Station 245, Tallahassee, Florida 32399-3000) and to
install and display signs within 60 days of receipt of this
Page Two
November 23, 1993
~iv,, ~i: ~eDastian
Letter of Consent if the docking structures authorized already
exist.
Please consider this the conditional authority sought under Section
253.77, Florida Statutes, to pursue this project. Your rights
pursuant to Chapter 120, Florida Statutes, are described in the
enclosed notice.
This letter in no way waives the authority and/or jurisdiction of
any government entity, nor does it disclaim any title interest the
state may have in the project site.
If you have any questions, please feel free to contact me at the
East Central Florida District Office, 400 West Robinson Street,
Suite 208-S, Orlando, Florida 32801 or call (407) 423-6816.
Sincerely,
Wilbert Holli~ay, Planning Manager
Bureau of Submerged Lands & Preserves
Division of State Lands
wH/bam
Enclosures
CC:
DEP Dredge and Fill Section
Aquatic Preserve Manager
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
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