HomeMy WebLinkAbout05021990The following is a list of actions taken at the May 2, 1990
Workshop.
8.
9.
10.
11.
5/9/90 agenda - Discussion - Possibility of Golf Course
Management Lease - (done)
90.118 - Amendment to Contractor Licensing Ordinance -
Attorney directed to draft ordinance - no time certain -
copy minutes to City Attorney & file - file pending
90.120 - McCollum appointed to IRC Ad Hoc Committee on Land
Acquisition - Letter to IRC Board of Commissioners office -
(called Alice White 5/4/90) - letter to her attention - copy
minutes to McCollum and file - create file "IRC Ad Hoc
Committee on Land Acquisition"
Mayor request Manager review sale of cemetery property west
of U.S. 1
City Clerk to draft resolution re: Falcon Cable
Director of Community Development to review site clearing
before site plan approval
5/9/90 accessory buildings
City Manager to address City Engineer/PW Dir position
Copy excessive fees ordinance to Council
5/9/90 agenda - police facility architect selection
5/9/90 agenda - revised Main Street realignment agreement
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
A G E N D A
SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
WEDNESDAY, MAY 2, 1990 - 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.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
5. ANNOUNCEMENTS
6. PUBLIC INPUT
A. Non-Agenda Items
B. Agenda Items
7. WORKSHOP ITEMS
90.117
Indian River County Emergency Management Plan -
Doug Wright, Director (no backup)
90.092
City Council Orientation (City Manager
Recommendation dated 4/23/90 w/attachments)
90.118
Proposed Amendment Concerning Contractor
Licensing (Staff Recommendation dated 4/25/90,
Memo from Director of Community Development dated
4/24/90)
90.119
90.120
8. MAYOR'S MATTERS
A. Discussion of Resolution No. R-89-30 - Public
input Policy (Staff Recommendation dated 4/26/90,
R-89-30, Public Input Policy worksheet, page 10
of 3/22/89 minutes, pages 3 and 4 of 5/3/89
minutes)
B. Appoint Councilman MCCOllum - Indian River County
Ad Hoc Committee on Land Acquisition (Letter
County Commissioner Eggert dated 3/29/90)
9. COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman McCollum
C. Councilman Powell
D. Councilman Rondeau
10. CiTY ATTORNEY MATTERS
11. CITY MANAGER MATTERS
12. 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.)
2
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:
City Council ) Agenda No.
Orientation )
) Dept. Origin
)
Approved For Submittal By:
City Manager
)
)
)
)
)
)
Date Submitted
For Agenda Of
Exhibits
City Manager
4/23/90
5/2/90
EXPENDITLrRE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATemENT
The International City Management Association recommends its
membership conduct training sessions for all candidates for
elected office. Such meetings are designed to acquaint
candidates with the day-to-day operations of the Administration.
Alternatively, with the same objective, I have decided to present
to the entire City Council an orientation program.
On April 4th, you heard presentations by the Charter officers --
the City Clerk, the City Attorney, and me -- as well as by the
Finance Director and the Public Works Director/City Engineer. At
this meeting, you will hear presentations by the Community
Development Director, Police Chief, and Golf Course Business
Manager.
To assist you, the following back-up material has been assembled
for each presentation: (1) enabling legislation from the City
Charter and/or Code of Ordinances; (2) a current table of
organization; and (3) an outline of the department's activities.
As you review the back-up material, if you have questions, I hope
you will call me.
RECOMMENDED ACTION
No City Council action is required.
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
The Community Development Department is comprised of
five divisions as depicted on the attached organizational
chart. The following is a brief description of each division
and their function:
Construction/licensing Board - Section 7-92 of the Code
of Ordinances adopts this board which, has 7 regular member
positions and 2 alternates. The board is to advise the City
Council on matters that may affect contractors or the
construction industry, such as building and housing codes.
By the issuance of a certificate of competency, the board can
regulate contractors and subcontractors that work within the
City of Sebastian except contractors certified by the State
of Florida. The majority of contractors will be required to
pass an examination proctored by Block and Associates. In
addition to licensing, the Board can investigate the actions
of any contractor that is licensed by the board and may take
appropriate disciplinary measures. The board meets every
second Tuesday of the month at 7:30 p.m. located in the
Council Chambers.
Code Enforcement Board - The board is created and
established within Article V of the Code of Ordinances. The
board consist of seven regular members. The Code
Enforcement Officer has the primary duty of enforcing the
various codes but, after voluntary compliance has failed, the
Officer shall initiate enforcement proceedings to this Board.
The board has quasi-judicial powers which can levy fines
against violators and decisions of the board can be appeaiec~
to 'the circuit court, of the 19th Judicial Circuit of Florida.
Fines, if not paid, are recorded as liens against the land.
owned by the violator or against personal property if, the
violator does not own real property. The Board meets ever?'
third Wednesday of the month at 2:00 p.m. located in the
Council Chambers.
Building Department - The department is responsible for
the issuance of permits for construction of new buildings,
additions, remodeling, signs, fences, arid plumbing,
electrical, gas and mechanical work. Along with the issuance
of a permit to insure the work meets the applicable city,
state and federal codes, the department must conduct field
inspections during the various phases of construction. The
administrative office must coordinate these inspections to
insure each phase has been approved by the inspector. In
1989, the Department issued 2,321 permits and conducted over
5500 inspections. The department also has various functions
such as: provide statistical reports to the Census Bureau,
Indian River County Departments, Florida Power & Light and
other agencies and the general public. Collect and transfer
fees for Indian River County Transportation Program, Indian
River County Solid Waste Disposal District, State of Florida
Radon Fund. Submit. energy forms 'to the state, conduct
courtesy inspections for the citizens of Sebastian, and
investigate the use of unlicensed persons.
Board of Adjustment - The Board consists of 5 regular
members and I alternate member. Section 20A-ii.2 of the Land
Development Code establishes and governs this board which has
the following two functions:
!. Hear and decide administrative appeals. The board can
hear appeals when it is alleged that there is an error in any
order, requirement, decision or determination by an
administrative official and the enforcement of any zoning
ordinance or regulation adopted pursuant to the Land
Development Code.
2. Hear and decide request for variances. Variances can
be granted to modify a zoning ordinance regulation when such
variance will not be contrary t.o the public interest and
when, owing to conditions peculiar to the property and not
the result of the actions of the applicant, a literal
enforcement of the ordinance would result in unnecessary and
undue hardship. Variances can be granted for setback
requirements, height regulations, any other dimensional
factors but, a variance can not be granted for a use that is
otherwise not permitted nor to increase the dens-i, ty contrary
to that permitted in the respective district. Decisions of
the Board of Adjustments are final and ap[~,eals must be made
through the circuit court of the Judicial Circuit. The board
conducts its meeting the first Tuesday of the month at 3:00
p.n~. located in the council chambers.
Planning and Zoning - The Planning and Zoning Commission
is established with 7 regular members and 2 alternates as
outlined in Section 20A-11.3 of the Land Development code.
The Commission is also established as the local planning
agency as outlined in State Statutes Chapter 163. The
Commission is responsible for conducting, coordinating and
recommending the comprehensive plan and its elements to the
City Council for adoption as required by the local government
comprehensive planning act of 1975. The Commission will also
review and recommend to City council all subdivision plats,
plan unit developments, amendments to the comprehensive plan,
and zoning amendments. The Commission also reviews and
approves site plans for development of commercial property
and approves all conditional uses as outlined in Article VI
of the Land Development Code such as; model homes, home
occupations, and other conditional uses designated within the
zoning district regulations. All decisions from the Planning
and Zoning Commission can be appealed to the City Council-
The Commission meets on the first and third Thursday at 7:00
p.m. located in the Council Chambers.
As the Director of Community Development/Building
official I supervise and coordinate the activities, personnel
and functions of the above mentioned divisions. I attend, as
needed, the meetings of the various Boards and City Council.
The position requires many functions such as; interprets and
enforces the adopted construction codes, code of ordinances
and Land Development Code; prepares written recommendations
on variances, appeals, site plans, subdivisions, p.U.D.'S,
annexations, zoning and land use amendments.
BC/'gk
gerryl..doc
§ 21-20
SEBASTIAN CODE
ARTICLE II. POLICE DEPARTMENT*
Sec. 21-20. Organization and duties generally.
(a) The police force of the city shall be organized in
accordance with this article, and all members shall
familiarize themselves with this Code and other ordinances
of the city.
(b) It shall be the duty of the force to prevent as well as to
detect and punish crime, to obey laws and ordinances as
well as to enforce them, to observe official orders and not to
communicate them except as directed, to combine courtesy
with efficiency, to protect the city and the person and
property of its citizens, and not merely to produce revenue or
make a record for number of arrests.
(c) Technical or minor infractions may be passed with a
friendly warning where no wrong is intended, no injury or
damage results, and no dangerous custom or habit is
encouraged or involved, but partiality is not to be practiced,
nor disrespect for law encouraged, in any way. Weapons
shall be used only in self-defense, or in case of necessity in
making arrests or preventing escape, and then only with
care and discretion.
(d) Information and aid shall be freely ~urnished to
traveler, transient and citizen alike, and the principle of
equality before the law faithfully observed.
(e) Policemen shall be prompt in reporting, loyal in
service, honest in their actions, courteous in their conduct,
discreet in their conversation, and courageous in the
performance of duty. (Code 1970, § 20-1)
*Charter reference--§ 3.02 et seq.
Cross reference--Adrninistration, Ch. 2.
Supp. No. 7 1280
[The next page is 1329]
SEBASTIAN
POLICE
DEPARTMENT
IIIIIIIIIII IJ]l~llllllllllllllll II I ! J I[I I!
C.L. Reynolds, Chief of Police
Office of the Chief
Post Office Box 780127
Sebastian, FL 32978-0127
(407) 589-5233
III
SEBASTIAN POLICE DEPARTMENT
MAY, 1990
Presentation to City Council
by
Chief C. L. Reynolds
OUTLINE
Introduction
Personnel and Organization:
(Refer to Organization Chart)
I. Personnel
1 - Chief
2 - Lieutenants
4 - Sergeants
3 - Investi§ators
10 - Police Officers
1 - Administrative Assistant
2 - Records Clerical Persons
1 - Communications Chief Technician
4 - Communication Technicians
5 - School Crossing Guards
2 - School Crossing Guards - Alternates
II. New Personnel:
Since January 1, 1989 - a period of only 16 months,
we have hired six (6) Police Officers; six (6)
Communication Technicians; five (5) School Crossing
Guards or alternates and, of course, one (1) Chief.
This represents almost half of our personnel. The
obvious problem is attracting and retaining quality
professionals in this highly competitive specialized
personnel area.
III. Promotions:
Sebastian Police Department has promoted two (2)
Sergeants; one (1) Investigator and one (1) Chief
Communications Technician.
Sebastian Police Department
Presentation to City Council - Outline
May, 1990
Page Two
C. Programs:
I. Patrol Division
A. Traffic Enforcement (Period 4-1-89 to 3-31-90)
1. SPD issued 1,529 Traffic Citations.
2. SPD issued 2,022 Written Warnings.
3. SPD investigated 187 Accidents.
B. Passive Patrol
1. SPD received 620 requests for House Watch
Service-Period 4-1-89 to 3-31-90.
2. SPD conducted 5,543 House Watch checks-Period
10-01-89 to 3-31-90.
3. SPD conducted 13,908 building checks. (76 Block
Zoned Business Locations-Total of 185 Businesses.
Period 10-1-89 to 3-31-90.
4. SPD answered 48,092 calls for service for which
a case number was issued-Period 4-1-89 to 3-31-90.
C. Pro Active Police Action (Period 4-1-89 to 3-31-90)
SPD made 336 on view arrests with 439 charges
placed.
SPD served 56 arrest and search warrants.
II. Criminal Investigations (Period 1-1-89 to 12-31-89)
A. Part I (Major) Crimes
SPD Investigators investigated 410 Part I Crimes.
Our clearance rate was 25%.
B. Part II Crimes
1. SPD Investigators investigated 84 Part II Crimes.
2. Our clearance rate was 75%.
C. Other
SPD Investigators Conducted 37 Background
checks and investigations-Period 1-89 to 4-90.
- 2 -
Sebastian Police Department
Presentation to City Council - Outline
May, 1990
Pa§e Three
11.
III.
D. Accomplishments
I. Officer Safety and Professionalization
A. Ballistic Vests
B. Uniform Improvements
C. Standardization of Firearms
Florida Pension Systems under Chapter 185
Involvement and integration into the Law Enforcement
community of the Treasure Coast
A. Treasure Coast Chiefs of Police and Sheriffs
Association.
B. Criminal Justice Region XI Training Council
C. FBI National Academy Associates
IV. Installation of LETN
E. Community Relations Programs
I. Crime Watch
II. Crime Stoppers
III. D.A.R.E.
IV. Just Say "No"
V. Bicycle Safety Programs
F. Recurring Community Support Programs
II.
III.
IV.
V.
VI.
Independence Day Parade
Halloween Haunted House
San Sebastian Church Carnival
October Fest
Christmas 'Light up Sebastian'
Other
- 3 -
Sebastian Police Department
Presentation to City Council - Outline
May, 1990
Page Four
II.
III.
IV.
Future Plans
Up Datin§ Communications Base Station
Receipt and Training on New Firearms
Functional Reorganization
Continued Design Planning and Construction of the
new Sebastian Police Station.
- 4 -
Chapter 12.5
GOLF COURSE*
Sec. 12.5-1. Municipal goff course; objectives; management.
The Sebastian Municipal Golf Course has been established to
promote and encourage persons to learn and play golf, swim-
ming, tennis and other recreational sports at the Sebastian Mu-
nicipal Golf Course and ira premises. The affairs of the golf course
shall be managed by an administrative department head whose
title shall be the "golf course manager." Such office shall be
occupied by a person appointed by the city council and shall have
such salary, duties and powers as are from time to time pre-
scribed by the city council by way of resolutions. (Ord. No. 0-81-26,
§ 1, 12-14-81; Ord. No. 0-84-12, § 1, 7-11-84)
Sec. 12.5-2. Manager; duties.
The affairs of the golf course shall be managed by the course
manager, who shall generally be supervised by the mayor. The
course manager shall, however, have general supervisory responsi-
bility over the operations of the golf course, including promotion,
supervision, and discipline of the staff. (Ord. No. 0-84-12, § 2,
7-11-84)
Editor's note--Ord. No. 0.84-12, § 2, enacted July 11, 1984, amended § 12.5-2
to read as herein set forth. The former § 12.5-2 was concerned with management
of the golf course by a board of directors and derived from Ord. No. 0-81-26, § 1,
enacted December 14, 1981.
Sec. 12.5-3. Golf course rates.
Golf course rates shall be established by the city council by
resolution after one public hearing thereon. Modifications of such
rates shall require a resolution of the city council aft~,r one public
hearing thereon each time any such rates are m~dified. (()rd. No.
0-86-22, § 4, 11-19-86)
Editor's note--Ord. No. 0-86-2'2, § 1, enacted N,y. 19, 1986, repealed § 12.5-3,
concerning a golf course advisory b,ard, a.~ d,,~ ived from Ord. No. 0-84-12, § 3,
*Cross references--Administration, Ch. 2; parks and recreation, Ch. 18; streets,
sidewalks and other public place~, Ch. 23.
Supp. No. 12 765
GOLF COURSE § 12.5-7.
enacted July 11, 1984. Section 4 of Ord. No. 0-86-22 added a new § 12.5-3, as
herein set out.
Sec. 12.5-4. Reserved.
Editor's note--Ord. No. 0-86-22, § 2, enacted Nov. 19, 1986, repealed § 12.5-4,
concerning proceedings of the golf course advisory board, as derived from Ord. No.
0-81-26, § l, enacted Dec. 14, 1981; and Ord. No. 0-85-10, § l, enacted July 10,
1985.
Sec. 12.5-5. Reserved.
Editor's note--Ord. No. 0-86-22, § 3, enacted Nov. 19, 1986, repealed § 12.5-5,
concerning duties of the golf course advisory board, as derived from Ord. No.
0.81-26, § 1, enacted Dec. 14, 1981; and Ord. No. 0-84-12, § 4, enacted July 11,
1984.
Sec. 12.5-6. Operating fund.
(a) There is hereby created the Sebastian Municipal Golf Course
Operating Fund which shall be composed of all funds received for
the construction and from the operation of the municipal golf course
and related facilities from whatever source or sources.
(b) All monies received and expended shall be maintained by the
finance director in a separate and distinct fund from all other city
funds. However, said funds may be invested in the local government
surplus trust fund, as established by Florida Law, or such other
prudent investments as otherwise provided by law or ordinance.
(Ord. No. 0-81-26, § 1, 12-14-81)
Sec. 12.5-7. Reserved.
Editor's note--Ord. No. 0-84-12, § 5, enacted July 11, 1984, repealed § 12.5-7
in its entirety. The former § 12.5-7 was concerned with fixing rates and charges,
and derived from Ord. No. 0-8]-26, § 1, enacted December 14, 1981.
[The next page is 791]
Supp. No. 12 766
HISTORY
Golf Course ~as created by City on November 19, 1980 by authorizing the
acquisition an construction of the Sebastian Municipal Golf Course to provide
a golfing recreational facility for the General Public.
ORGANIZATION
The City Council establishes objectives, policies and plans for the
operation of the Golf Course facility. The City Manager implements the City
policies and objectives. The Golf Course Manager has the authority to _manage
the affairs of the Golf Course and its facilities.
Key personnel consists of the following:
MANAGER:
Responsible for operating the Golf Course in an efficient and fair manner
to provide Golfing recreation for the General Public.
G.C. SUPT:
Responsible for maintaining the course and keeping it in excellent playing
condition.
GOLF DIR:
Responsible for promotion, tournaments and daily play at Golf Course.
ORGANIZATIONAL CHART
City of Sebastian
POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT: )
)
)
Approved For submittal By:
City Manager ~,
Agenda NO. '~o'J/~
Dept. Origin Dept. of Co, amity Develo;mmnt
(BC) k~
Date Submitted .... 4~25/,9,.0
For Agenda Of 5/2/90
Exhibits:
Memo dated 4/24/90 from Bruce Cooper
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On March 28, 1990, the City Council approved an additional Clerical I position for
the Community Development Department subject to .the increase in licensing examination
fees for new contractors. The Construction Board's recommendation is attached and
in addition, the Board is recommending that the City amend Section 7-95 concerning
Specialty Contr~6tors which, if approved, would be consistant with Indian River
County's Ordinan'ce. ~
RECOMMENDED ACTION
Discuss recommendations from the Construction Licensing Board.
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MEMORANDUM
TO:
THROUGH:
FROM:
REFERENCE:
Mayor W. E. Conyers and
City Council
Robert S. McClary~
City Manager
Bruce Cooper .~-.~, &
Director of Community Devel pmen~-~? /
Contractor Licensing
At the regular schedule council meeting of March 28, 1990
staff recommended and City Council approved a permanent
Clerical I position for the Community Development Department
subject to the proposed increase in examination fees for new
contractors. Attached is the recommendation from the
Construction/licensing Board amending Section 7-97 of the
Code of Ordinances concerning fees.
The Board is also recommending that Section 7-91 concerning
Specialty Contractors be amended to require all trades listed
in the Block & Associates manual to be tested. Currently,
the existing ordinance requires specialty contractors to be
licensed and tested except for 15 trades which are not
required to be tested. This recommendation would be
consistent with the Indian River County's ordinance and would
alleviate any confusion between the City of Sebastian and
Indian River County's requirements for contractor licensing.
I have met with Indian River County's Building Director,
Ester Rymer,'and have successfully negotiated with their
department to accept and grandfather all existing Sebastian
competency card holders that may not meet the requirements
according to the existing County's ordinance for testing.
Therefore, in the future with the proposed amendment, any
contractor coming into Indian River County will be required
to be tested and a reciprocal license would be accepted in
the City of Sebastian or vice versa. I would also recommend
that the Cit~ of Sebastian require a Count~ Occupational
n i c e n s e t o--~'~'~'~'~-''' ~'~'~-~--~b'~n ~"'~S'S ~'~'e'" 6 ~'' 'a""--~'~;'~'.'~-~
Sebastian or Competency Card.
CONTRACTOR LICENSING FEE SCHEDULE
PROPOSED FEES
1. Application fee · $ 75.00
2. Exam fee - Sebastian 75.00
3. Exam fee - Gainesville 135.00
4. Oral exam - Gainesville !85.O0
5. Competency Card 30.00
6. Duplicate license 5.00
7. Change of ~tatus 25.00
8. Letter of reciprocity 15.O0
NOTE: No letter shall be given unless the applicant
has held a competency card issued within the last
two years.
Renewal fees are as follows:
a. October 1 - 15 - $30.O0 + 10% penalty
b. October 16 - March 31 - $30.00 + 20% penalty
c. April 1 - September 1 - $60.00
d. Over 1 year - original application fee
e. A certificate which is not renewed within three
(3) full years after expiration, may not be
renewed, restored or reinstated thereafter except
by reapplication and reexamination.
f. Inactive license - $10.00
g. Reactivate license - $20.00 - A license can be
reactivated only by application to and approval
of the Board on the proer forms.
CURRENT FEES
1. Application fee
(Includes first licenme issued)
2. Exam fee - Sebastian
(Includes first license issued)
3. Exam fee - Gainesville
(Includes first licenme issued)
4. Oral exam - Gainesville
(Includes first license i~sued)
5. Duplicate license
6. Change of ~tatus
$ 50.00
75.00
135.00
1@5.OO
5.00
25.00
PAGE 2
CONTRACTOR LICENSING FEE SCHEDULE
Current renewal fees:
a. October 1 - 15 - $25.00
b. October 16 - March 31 - $25.00 + 10% penalty
c. April ! - September 1 - $50.00 + 10% penalty
d. Over 1 year - double the application fee
e. A certificate which is not renewed within three
(3) full years after eRpiration, may not be
renewed, restored or reinstated except by
reapplication and reexamination.
f. Inactive license - $!0.00
g. Reactivate license - $15.00
EXFEES.DOC
City of Sebastian
POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
SUBJECT:
Discussion - Resolution No. R-89-30
Public Input Policy
Approved For Submi%tal By:
City Manager · ,~c__---
Agenda No.
Dep%. Origin
Da%e Submik%ed
90.119
City Clerk/~
[for ~ay~r Conyers)
~/26/90
For Agenda Of 5/2/90
Exhibi~s:
Resolution No. R-89-30
Public Input Policy
Worksheet 5/3/89
3/22/89 Minutes
5/3/89 Minutes
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Mayor Conyers wishes to discuss possible amendments to Resolution
No. R-89-30 - Public Input Policy - to delete "Agenda Items" and
"Non-Agenda Items" and enable all citizens to be heard under "Public
Input". Please see excerpts of minutes of March 22 and May 3, 1989
relating to this subject.
RECOMMENDED ACTION
Discuss proposed amendments and if Council concurs direct that a
resolution be drafted for action at a future meeting.
RESOLUTION NO.' R-89-30
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO PUBLIC INPUT AT CITY
COUNCIL MEETINGS; PROVIDING FOR DEFINITIONS;
PROMULGATING GENERAL RULES OF PROCEDURE FOR PUBLIC
INPUT AT CITY COUNCIL MEETINGS; PROVIDING FOR THE
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 deems it
necessary to enact certain rules of procedure governing public
input at its meetings to provide for the orderly conduct of its
business for the public health, safety, and welfare of the City
of Sebastian, while preserving the rights of the members of the
public under the First Amendment to the United States
Constitution.
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. DEFINITIONS. The City Council hereby adopts
the f~llowing definitions for purposes of this Resolution:
A. Chair. Where used in this Resolution, the term
"Chair" shall mean the Mayor or in the absence of the Mayor from
the City Council meeting, the Vice Mayor or in the absence of
both the Mayor and Vice Mayor from the City Council meeting, the
senior member of the City Council.
B. Agenda Item. Where used in this Resolution, the
term "agenda item" shall mean an item contained in the agenda
provided to the City Council for the City Council to consider at
its meeting.
C. Non-Agenda Item. Where used in this Resolution,
the term "non-agenda item" shall mean an issue or matter which is
not an agenda item.
D. Cit~ Council Meeting. Where used in this
Resolution, the term "City Council meeting" shall mean any
workshop, regular or special meeting of the City Council.
E. Sign-Up Sheet. Where used in this Resolution,
the term "sign-up sheet" shall mean the form made available by
the City Clerk to members of the public prior to the City Council
meeting
for
any number of the public to sign indicating that he
or she wishes to address the City Council at the .City Council
meeting and indicating the agenda item or non-agenda item which
the member of the public wishes to address.
F. Public Input Section. Where used in this
Resolution, the term "public input section" shall mean the
portion of the City Council meeting specified on the agenda
during which public input shall be received by the City Council.
SECTION 2, GENERAL RUBES OF PROCEDURE. The City Council
hereby adopts the following general rules of procedure for public
input at City Council meetings:
A. An individual who wishes to address the City
Council at a City Council meeting with respect to an agenda item
on the City Council Agenda sh&ll be entitled to specifically
elect to address the City Council immediately prior to the
deliberation by the City Council in connection with such agenda
item if the individual indicates his or her request on the public
sign-up sheet prior to the commencement of the City Council
meeting.
B. Individuals shall not address the City Council
after the commencement of City Council deliberations on an agenda
item after the public input has been concluded. Provided,
however, that this rule of procedure shall not prevent the Mayor
and members of City Council from recalling an individual to
provide additional information or to answer questions.
C. Any individual wishing to address the City Council
during the public input section of the City Council meeting shall
indicate this by signing the sign-up sheet available to the
public in the City Council chambers and the City Clerk's office
prier to the commencement of the City Council meeting.
Individuals shall have the opportunity to address the City
Council during the public input section of the meeting if they
have signed the sign-up sheet prior to the commencement of the
City Council meeting with respect to an agenda item on a first
come, first heard basis. In addition, individuals shall have the
opportunity to address the City Council during public hearings
held in accordance with any federal or Florida law, the City
Charter, the Code of Ordinances of the City of Sebastian and the
Land Development Code of the City of Sebastian.
D. Any individual wishing to address the City Council
during the public input portion of the City Council meeting with
respect to a non-agenda item are encouraged to first meet with
members of City staff to resolve the matter. Any individual may
address the City Council with respect to a non-agenda item at the
City Council meeting during the public input session if they
submit a written request to do so to the City Clerk at least six
(6) days prior to the scheduled City Council meeting. The
written request must be provided to the City Clerk no later than
~4:3~,p.m. on such date.
E. Notwithstanding any other provision contained in
this Resolution, no public input shall be allowed at a special
meeting, other than during a scheduled public hearing, if any,
unless otherwise provided in the meeting call.
F. The City Council, by a unanimous vote of the
members of City Council present at the City Council meeting, may
modify the City Council agenda for such meeting to add an
additional agenda item and, in such event, an individual who
wishes to address the City Council with respect to the new agenda
item shall be afforded a reasonable opportunity to sign the sign-
up sheet for such new agenda item.
G. Individuals 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. Individual may also submit written
presentation to the City Council by providing thirteen (13)
complete copies to the City Clerk.
H. The City Clerk shall present the sign-up sheets at
the commencement of the City Council meeting to the Chair.
Except as provided in paragraphs D and E, public input shall be
limited to those individuals who have signed the sign-up sheet
prior to the commencement of the City Council meeting.
I. All public input shall be addressed to the Chair,
unless answering a question of a member of the City Council or
City Staff.
SECTION 3. CONFLICT. All other resolutions or parts
of resolutions in conflict herewith are hereby repealed.
SECTION 4. 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 will be presumed that
the City Councll 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 said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
SECTION 5. EFFECTIVE DATE. This Resolution shalltake
effect immediately upon the adjournment of the City Council
meeting at which it is adopted.
The foregoing Resolution was moved for adoption by
Councilman ~.,L The motion was seconded by
Councilman 0~~ and, upon being put to a vote, the
vote was as follows:
Mayor
Vice-Mayor
Councilman
Councilman
Councilman
Richard B. Votapka /~
Robert McCarthy 6Z~4~/
Frank Oberbeck ~ ......
Lloyd Rondeau ~
Robert L. McCollum ~
The Mayor thereupon declared this Resolution ~uly passed and
adopted this ~day of ~ , 1989.
~TY O~S~BASTIAN, F~ORIDA
Richard
ATTEST:
City
Appr/~v~d as to Form and Content:
Ch~a~Cles lan Nash, City Attorney
CITY OF SEBASTIAN
PUBLIC INPUT POLICY
As amended by City Council - 5/3/89
1)
Maintain the public input section of the meeting as we have
been doing at the workshop and both regular meetings each
month. Public input at special meetings will be provided by
the call.
2)
Individuals may address non agenda items which are submitted
to the City staff or City Clerk six days prior to a
scheduled meeting. (Approved by motion)
(There was discussion regarding an individual contacting a
Councilman to add an emergency item to the agenda after the
six day deadline, so that a Councilman may add the item to
the agenda under Agenda Modifications - the Mayor requested
that this language be added to the resolution on policy)
3)
An individual wishing to address the Council in regard to an
item on the agenda may be granted the permission by the
Chair to address the item Just prior to Council deliberation
if the individual specifically requests to do so.
(Attorney Kreuzkamp said this could be added to the form to
check off either public input or during the agenda item -
City Clerk will obtain Melbourne's sign up sheet)
4)
Individuals will not be granted permission to debate the
Council once Council has begun its deliberations on an item
and public input has been cogcluded. This would not
preclude the Mayor and City Council from recalling an
individual to provide further information or answer
questions.
5)
Individuals wishing to address the Council during the public
input section are encouraged to make an appointment with the
City Manager to have their item placed on the written
agenda. Individuals will still be able to address the
Council on agenda items the day of the meeting by signing
the sign up sheets available to the public in the Council
Chambers and City Clerk's office prior to the start of the
Council meeting. Individuals shall be taken in order that
they have signed on a first come, first served basis with a
time limit not to exceed ten minutes. The chair reserves
the right to expand or limit as time permits.
6)
City Clerk shall pick up sign up sheets prior to
commencement of the meeting. Public input will be limited
to only those individuals who have signed the sign up sheet.
?)
Ail public input shall be addressed to the chair
exclusively.
14. CITY MANAGER MATTERS
89.042
A. Discuss Public Input Policy
The City Manager advised that it would be in the best
interest of Council if it adopted a more restrictive
policy toward public input at Council meetings.
Council concurred to place discussion of policy on
the May 3, 1989 workshop agenda.
15. Mayor Votapka ad3ourned the meeting at 10:05 p.m.
Ka~hry~M. O'Halioran, City Cl'~rk
, 1989 :~A Council
? --
Meeting.
Richard B. Votapka, Mayor
10
In addition, the City Manager said there will be an
agenda item for May 10, 1989, requesting use of
Riverview Park and Indian River Drive on July 4,
1989, by the Committee.
89.058 C.
Discuss City Park Use Including Vendors &
Solicitors in City Parks and Other Public Places
(deferred from 4/12/89) (Letter from City
Attorney dated 4/26/89)
Council concurred with the City Manager's
recommendation to prohibit street vending, prohibit
the sale of goods in Schumann Park, Hardee Park and
the park on Easy Street, prohibit the sale of goods
except through contract to a concessionaire for
Barber Street Sports Complex and establish a
permitting system for Riverview Park with restrictive
conditions regarding sanitation, prohibition of
vehicles from the grounds, reservation, and area of
the park to be used.
The City Manager was instructed to work with the City
Attorney to draft an ordinance for review by Council
at a future workshoD.
Vice Mayor McCarthy noted that an area of the
sidewalk on the west end of Riverview Park was
collapsing. The City Manager said he would have it
inspected and discussion took place on landscaping
the Clivus Multrum area.
Marion Searfoss gave the City Clerk a copy of the Art
Club's rules.
Mayor Votapka called recess at 8:20 p.m. and
reconvened the meeting at 8:35 p.m. Ail members
present at recess were present at recall.
89.042
De
Discuss Public Input Policy (deferred from
~/22/89)
The City Manager expressed concern for the City
Council not allowing itself sufficient time for its
deliberation on agenda items due to public debate
previously allowed by Council. Discussion followed
on policy to be established regarding public input.
MOTION by Oberbeck/McCarthy
I move we approve item #2 of the Mayor's
recommendation in his memo dated March 22, 1989, with
the deletion of "agenda" and addition of "which are
submitted to the City Staff or City Clerk six days
prior to a scheduled meeting".
3
89.012
89.078
88.119
ROLL CALL:
Vice Mayor McCarthy - aye
Councilman McCollum - nay
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - nay
MOTION CARRIED 3-2 (McCollum, Votapka - nay)
Policy was established for the remaining items, by
Council consensus, by amending the Mayor's
recommendation dated March 22, 1989 and the City
Attorney was instructed to draft a resolution for a
future date (although for no time certain).
(Public policy as amended is attached)
Vice Mayor McCarthy was excused from the meeting from
9:39 p.m. to 9:42 p.m.
Discuss Method of Payment for City ERU's - North
County Waste Water System (Memo from Director of
Commuqi~ Development dated 4/21/89)
The City Manager recommended that ERU's be paid in
advance, stated that a budget amendment is being
prepared for a future agenda which will accommodate
the payment, Council concurred and staff's
recommendation regarding method of payment was
placed on the May 10, 1989 Consent Agenda.
F. Review Budget Calendar
The City Manager explained the calendar and although
not stated at the meeting, but as stated on the
calendar, approval of the budget calendar will be
placed on the May 10, 1989 Consent Agenda.
DISCUSS Reconsideration of Resolution No. R-89-13
- City Boards - Application Procedures (Memo from
City Clerk dated 4/10/89)
The City Clerk advised Council as to the length of
time it is currently taking to do a complete history
check on board applicants by the Police Department
and recommended reducing the application size and
procedures. Councilman Oberbeck requested that the
City Clerk provide Council with board applications
from surrounding municipalities. The City Manager
encouraged Council to modify Resolution No. R-89-13
regarding application procedures.
4
Telephone:(407)567-8000
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Veto Beach, Florida 32960
Suncorn Telephone: 224-1011
March 29, 1990
Mayor Will Conyers
City of Sebastian
P. O. Box 780127
Sebastian, Florida 32978-0127
Dear Mayor Conyers:
In response to several requests for the County to take
action to acquire islands in the Indian River and adjoining
wetlands, the Board of County Commissioners on my request took
the following actions:
1. Ail cities and towns in Indian River County are
requested to establish a prioritized list approved by their
Councils of lands within each municipality that they feel should
become public lands. Included with that list should be a legal
description of the property, a description of any use the land
can be put to for the benefit of the taxpayer and an estimate of
the cost to purchase that land. This list should not be limited
to environmentally sensitive land but also recreational and park
land and land for any other necessary public use. This list will
be combined with a similar list for the unincorporated County.
In prioritizing the list, we ask each Council to indicate the
urgency of the priorities in addition to their ranking.
2. The County's Community Development Department was given
support in its goal to complete the land acquisition guide
required by Policy 6.5 of the Conservation element of the new
Comprehensive Plan along with the Land Development Regulations,
which are due on September 1, 1990.
3. The forming of an Ad Hoc Committee on Land Acquisition
was approved in concept. The exact make up of this committee
will be approved at a later Commission meeting, but it will
include a broad range of interests in the community. The
function of this committee will be to hold properly advertised
public workshops to:
Review and prioritize the lists of lands for public
purchase from from all municipalities, the County and
any other interested groups or persons.
Mayor Will Conyers
Page 2
March 29, 1990
To investigate the availability of funds from the State
of Florida; St. John's Water District; federal
agencies; private foundations, trusts and individuals
for the acquisitions of various types of land.
To determine if a referendum is needed and, if so, for
how much money, to cover what land and on what date;
and to make that recommendation to the County
Commission for its approval.
The goal will be to get a complete picture of what is needed
and desired in terms of public land acquisition in the County
as a whole with ample opportunity for complete information
gathering, public input and discussion before a decision on going
out for a referendum is made and for public education in
conjunction with a referendum if needed.
We ask your cooperation in developing your Council-approved,
prioritized list and related material. Please forward those
lists to me when they are complete. Thank you for your help. If
you have any questions please telephone me at 567-8000, Ext. 490.
Sincerely,
C~ Egg~
Chairman, County Commission
CKE:gjm
cc:
Ail Mayors
Commissioners
Jim Chandler
Bob Keating