HomeMy WebLinkAbout01241996 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CiTY COUNCIL
REGULAR MEETING
WEDNESDAY, JANUARY 24, 1996- 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAiN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CiTY
CLERK- 1225 MAiN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (1{-95-33)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - No One Available
4. ROLL CALL
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 (R-95-33)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
PUBLIC HEARING, FINAL ACT. ION
The normal order of business for public hearings (R-95-33) 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 City
Council.
96.010A/
95.218
ORDINANCE NOL O-96-01 - Charter Amendment - Providing
for Extension of City Council Terms to Four Years (O-96-01)
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO
AMEND ARTICLE II AND ARTICLE IV OF THE CITY CHARTER TO
PROVIDE THAT THE TERMS OF CITY COUNCIL MEMBERS BE
EXTENDED TO FOUR YEARS, WITH ELECTIONS HELD EVERY
TWO YEARS ON EVEN NUMBERED YEARS BEGINNING IN
MARCH OF 1998 AND THE TERMS OF TWO OF THE CITY
COUNCIL MEMBERS ELECTED IN MARCH, 1997 EXTENDED TO
THREE YEARS AND THE TERM OF ONE OF THE CITY COUNCIL
MEMBERS ELECTED 1N MARCH 1997 REDUCED TO ONE YEAR;
PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION
SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR
HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE
BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO
PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE
ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st
Reading 1/10/96, Advertised Legal Notices 1/12/96)
2
96.010B/
95.218
QRD~N/LNC~ NON O-96-0_2 - Charter Amendment - Providing for 95.218
Election of Mayor at General Election in Each Even Numbered Year
(0-96-02)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM
ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE I AND
ARTICLE IV OF THE CITY CHARTER TO PROVIDE FOR THE ELECTION
OF THE MAYOR AT A GENERAL ELECTION ON THE SECOND TUESDAY
OF MARCH OF EVERY OTHER YEAR; PROVIDING FOR THE MANNER IN
WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE
TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING
THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE
CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A
COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
1/10/96, Advertised Legal Notices 1/12/96)
96.OLOC/
95.218
ORDINANCE NO. 0-96-03 - Charter Amendment - Providing for
Appointment and Removal of City Clerk by City Manager -
Appointment of Canvassing Board by City Manager (0-96-03)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM
ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE III AND
ARTICLE IV OF THE CITY CHARTER TO PROVIDE THAT THE CITY
CLERK SHALL BE APPOINTED BY THE CITY MANAGER AND MAY BE
REMOVED BY THE CITY MANAGER WITH THE CONSENT OF THE CITY
COUNCIL, AMENDING ARTICLE III REGARDING THE DUTIES OF THE
CITY MANAGER, AMENDING ARTICLE IV REGARDING APPOINTMENT
OF A CITY CANVASSING BOARD; PROVIDING FOR THE MANNER IN
WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE
TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING
THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE
CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A
COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
1/10/96, Advertised Legal Notices 1/12/96)
96.010D/
95.218
96.010E/
95.218
!~LDINANCE N.O, O-96-04 - Charter Amendment -
Providing for 50 Year Airport Leases (O-96-04)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO
AMEND ARTICLE I OF THE CITY CHARTER TO PROVIDE FOR
LEASES OF AIRPORT PROPERTY WITH A MAXIMUM TERM OF 50
YEARS; PROVIDING FOR THE MANNER IN WHICH SUCH
ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND
PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE
FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE
CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH
A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE
OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 1/10/96, Advertised Legal Notices 1/12/96)
Ee
ORDINANCE biO. 0-96-05 - Charter Amendment - Election - Tie
Votes (0-96-05)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO
AMEND ARTICLE IV OF THE CITY CHARTER TO PROVIDE FOR A
PROCEDURE TO RESOLVE TIES IN ELECTIONS FOR OFFICE;
PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION
SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR
HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE
BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO
PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE
ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 1/10/96, Advertised Legal Notices 1/12/96)
96.011 F. ORDINANCE NO, 0-96-06 - Airport Manager Duties (O-96-06)
96.014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDING SECTION 22-29 OF THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR
THE CITY MANAGER TO PERFORM THE DUTIES OF THE AIRPORT
MANAGER OR APPOINT A QUALIFIED INDIVIDUAL TO PERFORM
THE DUTIES; DELETING SECTION 22-29 (a) (2) REQUIRING A
FIXED BASE OPERATOR TO SERVE AS AIRPORT MANAGER;
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading 1/10/96, Advertised Legal Notices
1/12/96)
CO]~.SF~NT 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.
A. Approval of Minutes - 1/10/96 Regular Meeting
RESOLUTION NO. R-96-07 - Vacation of Easement- Lot 1, Block
188, Unit 6 (City Clerk Transmittal 1/16/96, R-96-07, Application,
Survey, No Objection Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING
AND DISCONTINUING THE SIX FOOT PUBLIC UTILITY AND
DRAINAGE EASEMENT ON THE NORTHEAST SIDE OF LOT 1,
BLOCK 188, SEBASTIAN HIGHLANDS UNIT 6, LESS THE
SOUTHEAST TEN FEET THEREOF ADJACENT TO AND ABUTTING
THE TWENTY FOOT ALLEY RIGHT-OF-WAY, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PBI 5-94, 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.
5
96.015
RI~$OLUTION NO. R-96-11 - Premium Conversion Plan (Human
Resources Transmittal 1/12/96, R-96-11 w/Exhibit)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING THE ATTACHED PREMIUM
CONVERSION PLAN FOR THE CITY OF SEBASTIAN;
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN,
ON BEHALF OF THE CITY, THE PLAN DOCUMENT; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
96.016/
95.208
90.251
RF,8OLUTION NO. R-96-15 - Second Amendment to Little League
Lease (City Manager Transmittal 1/18/96, R-96-15, Second
Amendment)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE LEASE AGREEMENT WITH
SEBASTIAN RIVER AREA LITTLE LEAGUE, INC.; AUTHORIZING
THE MAYOR AND CITY CLERK TO SIGN THE PROPOSED SECOND
AMENDMENT TO LEASE AGREEMENT ATTACHED TO THIS
RESOLUTION AS EXHIBIT "A"; PROVIDING FOR A CHANGE IN
THE LEASE TERM; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
9. PRESENTATIONS
96.017
A. Presentation of Lease Proposal by PGA Professional, Patrick Cerjan
RESOLUTION NO. R-96-18 - Authorize Mayor to Execute
Club Car Golf Course Cart Lease (City Manager Transmittal
1/18/96, R-96-18)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY,
FLORIDA, APPROVING THE CLUB CAR GOLF CAR FLEET EQUIPMENT
LEASE; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE
PROPOSED LEASE AGREEMENT, A SAMPLE OF WHICH IS ATTACHED
TO THIS RESOLUTION AS EXHIBIT "A", WHEN FINALLY APPROVED AS
TO FORM AND CONTENT BY THE CITY ATTORNEY; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
6
10. EXTF~BI$ION OF RESOLUTION NO, R-95-09
96.018/
95.017
95.039
Richard Fey - Extension of Resolution No. R-95-09 (Community
Development Transmittal 1/17/96, Application for Mining Permit, R-
95-09, Site Plan Under Separate Cover, R.Reed Comments
Forthcoming)
11.
MARCH 12, 1~}96 ELECTION MATTERS (City Clerk Transmittal
1/15/96, Proclamation, R-96-06, Charter Secs. 4.05, 4.07 & 4.08, SOE
Letter)
96.010F A. Proclamation - Calling March 12, 1996 Election
96.010G B.
RESOLUTION_NO. R-96-06 - Location of Election, Naming
Offices to be Filled and Questions to be Decided
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING
PLACES FOR A GENERAL ELECTION TO BE HELD ON MARCH 12,
1996, FOR THE PURPOSE OF ELECTING TWO (2) CITY COUNCIL
MEMBERS FOR TERMS OF TWO (2) YEARS AND PLACING
CERTAIN REFERENDUM QUESTIONS ON THE BALLOT;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
96.010H
Formal Request for Supervisor of Elections for Indian River
County to Conduct Election and Prepare Ballot
7
12.
96.002A
96.002B
~VE~FRONT WATER PROJECT MATTERS
Ao
RESOLUTION NO. R-96-14 - Acknowledging Completion of
Riverfront Water Project - Confmning Final Amount for Special
Assessment (City Manager Transmittal 1/18/96, R-96-14 w/Exhibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ON THE SPECIAL ASSESSMENTS FOR THE
RIVERFRONT WATER PROJECT; ACKNOWLEDGING
COMPLETION OF THE IMPROVEMENTS TO THE RIVERFRONT
WATER PROJECT; DETERMINING THE ACTUAL COST OF THE
PROJECT, INCLUDING FINANCING COSTS, PROVIDING FOR
CREDITS FOR PAID SPECIAL ASSESSMENTS; DETERMINING AND
CONFIRMING THE FINAL AMOUNT OF THE SPECIAL
ASSESSMENTS; FURNISHING NOTICE TO OWNERS; PROVIDING
FOR TERMS OF PAYMENTS; AUTHORIZING THE CITY MANAGER
TO EXECUTE LIEN RELEASES; PROVIDING FOR CONFLICTS AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-96-16 - Authorizing Bond for Riverfront
Water Project (City Manager Transmittal 1/18/96, R-96-16, Closing
Documents)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AUTHORIZING THE ISSUANCE BY THE
CITY OF A $527,993.46 CITY OF SEBASTIAN, FLORIDA
IMPROVEMENT BOND, SERIES 1996, IN ORDER TO FINANCE THE
COST OF THE ACQUISITION AND CONSTRUCTION OF WATER
LINE IMPROVEMENTS WITHIN THE CITY; PLEDGING THE
MONEYS RECEIVED BY THE CITY FROM SPECIAL ASSESSMENTS
UPON PROPERTY BENEFITTED BY THE AFOREMENTIONED
IMPROVEMENTS TO SECURE PAYMENT OF THE PRINCIPAL OF
AND INTEREST ON SAID BONDS; PROVIDING FOR THE RIGHTS
OF THE HOLDERS OF SAID BONDS; AND PROVIDING FOR AN
EFFECTIVE DATE FOR THIS RESOLUTION.
96.002C
RESOLUTION NO. R-96-12 - Authorizing Execution of Bill of Sale
for Riverfront Water Project (City Manager Transmittal 1/12/96,
R-96-17)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST A "BILL OF SALE"
CONVEYING THE RIVERFRONT WATER PROJECT TO INDIAN
RIVER COUNTY; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
13. COMMITTEE REPORTS/RECOMMENDATIOI~I$
A. Riverfront_Committee
96.009
1. Appoint Members (No Backup)
14. OLD BUSIN. F.~-None
15. NEW BUSINES~i
96.019/
91.132
Department of Community Affairs "Stipulated Settlement old
Agreement" (City Manager Transmittal 1/12/96, DCA/Stipulated
Settlement Agreement)
96.020
RESOLUTION NO., R-96-09 - Special $1 Service Charge for
Municipal Golf Course (City Manager Transmittal 1/12/96, R-96-09)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A SPECIAL SERVICE CHARGE
FOR THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
9
96.021A
RESOLUTION NO. R-96-12 - Amending Airport Field Rules
Section V - Parking and License Form (, R-96-12 w/Exhibit)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION V OF THE FIELD RULES
OF THE SEBASTIAN MUNICIPAL AIRPORT; INCREASING THE
SHORT-TERM AIRCRAFT PARKING CHARGE FROM TWO
DOLLARS ($2.00) PER DAY TO THREE DOLLARS ($3.00) PER DAY;
INCREASING THE LONG-TERM AIRCRAFT PARKING CHARGE
FROM TWENTY DOLLARS ($20.00) PER MONTH TO THIRTY
DOLLARS ($30.00) PER MONTH; PROVIDING FOR LEASE OF
AIRCRAFT PARKING AREA SO DESIGNATED BY RESOLUTION OF
THE CITY COUNCIL BY ANY LESSEE OF AIRPORT PROPERTY;
PROVIDING A FORM FOR AN "AIRPORT PARKING LICENSE";
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
96.021B
RESOLUTION NO. R-96-15 - Rescind Sebastian Aero Services
Parking Agreement (City Manager Transmittal 1/18/96, R-96-13
w/Exhibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RESCINDING THE AGREEMENT BETWEEN
THE CITY OF SEBASTIAN AND SEBASTIAN AERO SERVICES, INC.
(NOW B & S INVESTMENTS) DATED APRIL 16, 1986 WHICH
DESIGNATED A CERTAIN AREA AS "AIRCRAFT PARKING AREA"
FOR THE PURPOSE OF ALLOWING SEBASTIAN AERO SERVICES
TO ALLOW THIRD PARTY PARKING ON SEBASTIAN MUNICIPAL
AIRPORT PROPERTY; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
96.022/
95.187
Consider Extension of Jack Regan Masonry Contract for Bikepath
- Barber Street from Barber Street Sports Complex to CR 512
(Public Works Director Memo 1/17/96)
10
16.
17.
18.
19.
20.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
CITY COUNCIL MATTERS
A. Mr. Raymond Halloran
B. Mayor Arthur Firtion
C. Vice Mayor Carolyn Corum
D. Mrs. Louise Cartwright
E. Mrs. Norma Damp
CITY ATTORNEY MATTERS
CITY MANAGEIIMATTERS
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.
(286.0105F. 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.
11
PUBLIC HEARING SIGN-UP SHEET
JANUARY 24, 199 REGULAR MEETING
96.010A/ A.
95.218
ORDINANC]~ NO. 0-96-01 - Charter Amendment - Providing
for Extension of City Council Terms to Four Yeaxs (City Manager
Transmittal for All Ordinances, 0-96-01)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO
THE ELECTORATE IN ORDER TO AMEND ARTICLE II AND ARTICLE IV OF
THE CITY CHARTER TO PROVIDE THAT THE TERMS OF CITY COUNCIL
MEMBERS BE EXTENDED TO FOUR YEARS, WITH ELECTIONS HELD EVERY
TWO YEARS ON EVEN NUMBERED YEARS BEGINNING IN MARCH OF 1998
AND THE TERMS OF TWO OF THE CITY COUNCIL MEMBERS ELECTED IN
MARCH, 1997 EXTENDED TO THREE YEARS AND THE TERM OF ONE OF THE
CITY COUNCIL MEMBERS ELECTED 1N MARCH 1997 REDUCED TO ONE
YEAR; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE
CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH
ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF
ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC
NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 1/10/96, Advertised Legal 1/13/96)
/
Address
For " '['\ ~) ~ ""' Against,.~. Information
Address r
For Against Information
PUBLIC HEARING SIGN-UP SHEET
JANUARY 24, 199{ REGULAR MEETING
96.010B/ B.
95.218
ORDINANCE NO. 0-96-02 - Charter Amendment - Providing for
Election of Mayor at General Election in Each Even Numbered Year
(0-96-02)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO
THE ELECTORATE iN ORDER TO AMEND ARTICLE I AND ARTICLE IV OF THE
CITY CHARTER TO PROVIDE FOR THE ELECTION OF THE MAYOR AT A
GENERAL ELECTION ON THE SECOND TUESDAY OF MARCH OF EVERY
OTHER YEAR; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION
SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING
SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF
ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC
NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 1/10/96, Advertised Legal 1/13/96)
Name
Address
For
Against
Information
Name
Address
For Against Information
PUBLIC HEARING SIGN-UP SHEET
JANUARY 24, 1996 REGULAR MEETING
96.010C/ C.
95.218
ORDINANCE NO, O-96-03 - Charter Amendment - Providing for
Appointment and Removal of City Clerk by City Manager -
Appointment of Canvassing Board by City Manager (0-96-03)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO
THE ELECTORATE IN ORDER TO AMEND ARTICLE III AND ARTICLE IV OF
THE CITY CHARTER TO PROVIDE THAT THE CITY CLERK SHALL BE
APPOINTED BY THE CITY MANAGER AND MAY BE REMOVED BY THE CITY
MANAGER WITH THE CONSENT OF THE CITY COUNCIL, AMENDING
ARTICLE III REGARDING THE DUTIES OF THE CITY MANAGER, AMENDING
ARTICLE IV REGARDING APPOINTMENT OF A CITY CANVASSING BOARD;
PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE
CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH
ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF
ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC
NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 1/10/96, Advertised Legal 1/13/96)
N~ne
Address
For ~. ff ,(/3:, ~ Ag~st ~ I~omation
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Name ~ / ¢ " ' ' [4} ......
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Address
For A ,~nst
Information
Name
Address
For
Against Information
Name
Address
For Against Information
Name
Address
For Against Information
2
PUBLIC HEARING SIGN-UP SHEET
JANUARY 24, 1996 REGULAR MEETING
96.010D/ D.
95.218
ORDINANCE NO. 0-96-04 - Charter Amendment -
Providing for 50 Year Airport Leases (0-96-04)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO
THE ELECTORATE IN ORDER TO AMEND ARTICLE I OF THE CITY CHARTER
TO PROVIDE FOR LEASES OF AIRPORT PROPERTY WITH A MAXIMUM TERM
OF 50 YEARS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION
SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING
SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF
ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC
NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
Address
For Against Information
Name
Address
For Against Information
PUBLIC HEARING SIGN-UP SHEET
JANUARY 24, 1996 REGULAR MEETING
96.010E/ E.
95.218
ORDINANCE NO. 0-96-05 - Charter Amendment - Election - Tie
Votes (0-96-05)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO
THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER
TO PROVIDE FOR A PROCEDURE TO RESOLVE TIES IN ELECTIONS FOR
OFFICE; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL
BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH
ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF
ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC
NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 1/10/96, Advertised Legal Notices 1/13/96)
Name
Address
For Against Information
Name
Address
For
Against Information
Name
Address
For
Against Information
PUBLIC INPUT ON AGENDA ITEMS
SIGN-UP SHEET
JANUARY 24, 1996 REGULAR MEETING
USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA
EXCEPT FOR PUBLIC HEARINGS WHICH HA VE THEIR 0 WN SHEETS- TIME LIMIT
OF 10 MINUTES PER SPEAKER
Address: /) ......
Agenda Item No. and Title:
Nanle:
Address:
Agenda Item No. and Title:
N~fle:
Address:
Agenda Item No. and Title:
N~TJe:
Address:
Agenda Item No. and Title:
Name:
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Agenda Item No. and Title:
Name:
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Agenda Item No. and Title:
QUASI-JUDICIAL HEARING SIGN-UP SHEET
JANUARY 24, 1996
96.018/
95.017
95.039
Address
For
Richard Fey - Extension of Resolution No. R-95-09
Against Information
Address
For
Against Info~/~ation
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Address
For
Against Information
Name
Address
For Against Information
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
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JANUARY 24, 1996 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT
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PER SPEAKER
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2
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JANUARY 24, 1996 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY
CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-95-33)
1. Mayor Firtion called the Regular Meeting to order at 7:00 p.m.
2. The Pledge of Allegiance was recited.
3. No Invocation.
4. ]~L CA!,L
City Council Present:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Mrs. Louise Cartwright
Mrs. Norma Damp
Mr. Raymond Halloran
Staff Present:
City Manager, Joel Koford
City Attorney, Clifton McClelland, Jr.
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Building Official, George Bonacci
Regular City Council Meeting
January 24, 1996
Page Two
AGE~NDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
The City Manager requested withdrawal of items 8D, 9A and 15B and
removal of consent agenda item 8C for discussion.
MOTION by Comm/Halloran
I move to remove items 8D, 9A and 15B on behalf of the City
Manager.
ROLL CALL:
Vice Mayor Corum -aye
Mrs. Cartwright -aye
Mrs. Damp -aye
Mr. Halloran -aye
Mayor Firtion -aye
MOTION CARRIED 5-0
PROCLAMATIONS AND/OR ANNOUNCEMENTS
Mayor Firtion presented a plaque to Jean Tarbell, Employee of the Fourth
Quarter 1995.
PUBLIC HEARIN-Gs FIbIAL ACTION_
The normal order of business for public hearings (R-95-33) 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 City
Council.
2
Regular City Council Meeting
January 24, 1996
Page Three
96.010A/ A.
95.218
ORDINANCE NO. 0-96-01 - Charter Amendment - Providing
for Extension of City Council Terms to Four Years (0-96-01)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE 1N ORDER TO
AMEND ARTICLE II AND ARTICLE IV OF THE CITY CHARTER TO
PROVIDE THAT THE TERMS OF CITY COUNCIL MEMBERS BE
EXTENDED TO FOUR YEARS, WITH ELECTIONS HELD EVERY
TWO YEARS ON EVEN NUMBERED YEARS BEGINNING IN
MARCH OF 1998 AND THE TERMS OF TWO OF THE CITY
COUNCIL MEMBERS ELECTED iN MARCH, 1997 EXTENDED TO
THREE YEARS AND THE TERM OF ONE OF THE CITY COUNCIL
MEMBERS ELECTED IN MARCH 1997 REDUCED TO ONE YEAR;
PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION
SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR
HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE
BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO
PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE
ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; AND PROVIDiNG FOR AN EFFECTIVE DATE. (lst
Reading 1/10/96, Advertised Legal Notices 1/12/96)
Mayor Firtion opened the public hearing at 7:08 p.m. and the City Attorney
read Ordinance No. 0-96-01 by title only.
Staff presentation by the City Manager preceded public input by Frank
Oberbeck, 601 Layport Drive; Walter Barnes, 402 Azine Terrace; Richard
Taracka, 3120 Coverbrook Lane. They each spoke in opposition of the
Ordinance.
Mayor Firtion closed the public hearing at 7:15 p.m.
Regular City Council Meeting
January 24, 1996
Page Four
96.010B/
95.218
MOTION by Corum/Damp
I move to approve Ordinance No. 0-96-01.
A lengthy discussion both pro and con followed.
ROLL CALL:
Mrs. Cartwright -nay
Mrs. Damp -nay
Mr. Halloran -nay
Mayor Firtion -nay
Vice Mayor Corum -aye
MOTION FAILED 1-4 (Cartwright, Damp, Halloran, Firtion - Nay)
ORDINANCE NO. 0-96-02 - Charter Amendment - Providing for 95.218
Election of Mayor at General Election in Each Even Numbered Year
(O-96-02)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM
ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE I AND
ARTICLE IV OF THE CITY CHARTER TO PROVIDE FOR THE ELECTION
OF THE MAYOR AT A GENERAL ELECTION ON THE SECOND TUESDAY
OF MARCH OF EVERY OTHER YEAR; PROVIDING FOR THE MANNER IN
WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE
TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING
THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE
CiTY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A
COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
1/10/96, Advertised Legal Notices 1/12/96)
The Mayor opened the public hearing at 7:30 p.m. and the City Attorney read
Ordinance No. 0-96-02 by title only.
The City Manager gave a brief presentation on the effect of this ordinance, if
passed.
Regular City Council Meeting
January 24, 1996
Page Five
The City Attorney suggest that since 0-96-01 was defeated 0-96-02 should be
defeated also. The material changes to 0-96-02 would be numerous, at this l~ne.
He suggested that this item be delayed a year.
Frank Oberbeck was recognized at this time to state the opinion of the Aware
Citizen and Taxpayers being in favor of this ordinance.
Mayor Firtion closed the public hearing at 7:37 p.m.
MOTION by Corum/Cartwright
Based on our counsel from our legal counsel, I move to deny Ordinance
No. 0-96-02.
ROLL CALL:
Mrs. Damp -aye
Mr. Halloran -aye
Mayor Firtion -aye
Vice Mayor Corum -aye
Mrs. Cartwright -aye
MOTION CARRIED 5 - 0
Vice Mayor Corum and Mrs. Cartwright asked that this item be included on the
ballot for next year's ballot starting in September.
Regular City Council Meeting
January 24, 1996
Page Six
6.010C/ C.
95.218
D.i~INANCE NO. O-96-03 - Charter Amendment - Providing for
Appointment and Removal of City Clerk by City Manager -
Appointment of Canvassing Board by City Manager (0-96-03)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RiVER
COUNTY, FLORiDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO
AMEND ARTICLE III AND ARTICLE IV OF THE CITY CHARTER TO
PROVIDE THAT THE CITY CLERK SHALL BE APPOINTED BY THE
CITY MANAGER AND MAY BE REMOVED BY THE CITY
MANAGER WITH THE CONSENT OF THE CITY COUNCIL,
AMENDING ARTICLE Iii REGARDING THE DUTIES OF THE CITY
MANAGER, AMENDING ARTICLE IV REGARDING APPOINTMENT
OF A CITY CANVASSING BOARD; PROVIDING FOR THE MANNER
IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING
THE TIME AND PLACES FOR HOLDING SUCH ELECTION;
ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE
SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE;
PROVIDING FOP,. PUBLIC NOTICE OF SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 1/10/96,
Advertised Legal Notices 1/12/96)
The Mayor opened the public hearing at 7:40 p.m. and the City Attorney
read Ordinance No. 0-96-03 by title only.
The City Manager gave a concise report should this ordinance be adopted
and the referendum receives voter approval.
The Mayor recognized J. W. Tommy Thompson, 125 Main Street; Ruth
Sullivan, 1215 Indian River Drive; Frank Oberbeck, 601 Layport Drive;
TAPE I - SIDE II (7:48 p.m.)
6
Regular City Council Meeting
January 24, 1996
Page Seven
Walter Barnes, 402 Azine Terrace; George Metcalf, 425 Pine Street and
Richard Taracka, Coverbrook Lane, all of Sebastian. All disapproved of the
of the passage of the Ordinance.
The public hearing was closed at 7:55 p.m.
Various members of the council commended the City Clerk's office and
spoke to this ordinance.
MOTION by Damp/Halloran
I move we approve Ordinance No. 0-96-03.
ROLL CALL:
Mr. Halloran -aye
Mayor Firtion -aye
Vice Mayor Corum -aye
Mrs. Cartwdght -nay
Mrs. Damp -aye
MOTION CARRIED 4-1 (Cartwfight - NAY)
96.010D/
95.218
ORDINANCE NO. O~6-04 - Charter Amendment -
Providing for 50 Year Airport Leases (O-96-04)
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE iN ORDER TO
AMEND ARTICLE I OF THE CITY CHARTER TO PROVIDE FOR
LEASES OF AIRPORT PROPERTY WITH A MAXIMUM TERM OF 50
YEARS; PROVIDING FOR THE MANNER IN WHICH SUCH
ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND
PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE
FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE
CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH
A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE
OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 1/10/96, Advertised Legal Notices 1/12/96)
Regular City Council Meeting
January 24, 1996
Page Eight
The Mayor opened the public hearing at 8:08 p.m. and the City Attorney
read Ordinance No. 0-96-04 by title only.
The City Manager'gave a brief explanation for the reason for this
ordinance. None of the public registered to speak and the Mayor closed
the public hearing at 8:11 p.m.
MOTION by Cartwright/Damp
I move to approve 0-96-04.
ROLL CALL:
Mayor Firtion -aye
Vice Mayor Corum -aye
Mrs. Cartwright -aye
Mrs. Damp -aye
Mr. Halloran -aye
MOTION CARRIED 5-0
96.010E/
95.218
!~).J~INANCE N_.O, 0-96-95 - Charter Amendment - Election - Tie
Votes (0-96-05)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO
AMEND ARTICLE IV OF THE CITY CHARTER TO PROVIDE FOR A
PROCEDURE TO RESOLVE TIES IN ELECTIONS FOR OFFICE;
PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION
SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR
HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE
BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO
PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE
ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 1/10/96, Advertised Legal Notices 1/12/96)
8
Regular City Council Meeting
january 24, 1996
Page Nine
96.011
Mayor Firtion opened the public hearing at 8:12 p.m. and the City Attorney
read Ordinance No. 0-96-05 by title only.
There were no comments from staff or the public. The public heating was
closed at 8:13 p.m.
MOTION by Cartwright/Halloran
I move to adopt Ordinance 95-05
ROLL CALL:
Vice Mayor Corem -aye
Mrs. Cartwright -aye
Mrs. Damp -aye
Mr. Halloran -aye
Mayor Firtion -aye
MOTION CARRIED 5-0
F. ORDINANCE NO~ 0-96-06 - Airport Manager Duties (0-96-06)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDING SECTION 22-29 OF THE CODE
OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR
THE CITY MANAGER TO PERFORM THE DUTIES OF THE AIRPORT
MANAGER OR APPOINT A QUALIFIED INDIVIDUAL TO PERFORM
THE DUTIES; DELETING SECTION 22-29 (a) (2) REQUIRING A
FIXED BASE OPERATOR TO SERVE AS AIRPORT MANAGER;
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (1 st Reading 1 / 10/96, Advertised Legal Notices
1/12/96)
Mayor Firtion opened the public heating at 8:14 p.m. and City Attorney
read Ordinance No. 0-96-06 by title only.
The City Manager gave a very brief explanation of the Ordinance. There
was no public input, therefore, Mayor Firtion closed the hearing at 8:15
p.m.
Regular City Council Meeting
January 24, 1996
Page Ten
MOTION by Comm/Cartwfight
I move to approve Ordinance 0-96-06.
After questioning Mr. Koford noted an error in the effective date of the
Ordinance, which should read "effective immediately upon its adoption".
ROLL CALL:
Mrs. Cartwright -aye
Mrs. Damp -aye
Mr. Halloran -aye
Mayor Firfion -aye
Vice Mayor Corem -aye
MOTION CARRIED 5-0
96.014
CONSENT AGENDA
All items on the consent agenda are considered to be routine and will be
enacted by one motion. There will be no separate discussion of consent
agenda items unless a member of City Council so requests; in which event,
the item will be removed and acted upon separately.
A. Approval of Minutes - 1/10/96 Regular Meeting
RE$OLU. TiON NO. R-96-07 - Vacation of Easement - Lot 1, Block
188, Unit 6 (City Clerk Transmittal 1/16/96, R-96-07, Application,
Survey, No Objection Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLiSHiNG, ABANDONING
AND DISCONTINUING THE SIX FOOT PUBLIC UTILITY AND
DRAINAGE EASEMENT ON THE NORTHEAST SIDE OF LOT 1,
BLOCK 188, SEBASTIAN HIGHLANDS UNIT 6, LESS THE
SOUTHEAST TEN FEET THEREOF ADJACENT TO AND ABUTTING
THE TWENTY FOOT ALLEY RIGHT-OF-WAY, ACCORDING TO
THE PLAT THEREOF, RECORDED IN PBI 5-94, 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.
10
Regular City Council Meeting
January 24, 1996
Page Eleven
96.015 C.
RESOLUTION NO. R-96-Li - Premium Conversion Plan (Human
Resources Transmittal 1/12/96, R-96-11 w/Exhibit)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING THE ATTACHED PREMIUM
CONVERSION PLAN FOR THE CITY OF SEBASTIAN;
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN,
ON BEHALF OF THE CITY, THE PLAN DOCUMENT; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
96.016/
95.208
90.251
RESOLUTION lqO~ R-96-15 - Second Amendment to Little League
Lease (City Manager Transmittal 1/18/96, R-96-15, Second
Amendment)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE LEASE AGREEMENT WITH
SEBASTIAN RIVER AREA LITTLE LEAGUE, INC.; AUTHORIZING
THE MAYOR AND CITY CLERK TO SIGN THE PROPOSED SECOND
AMENDMENT TO LEASE AGREEMENT ATTACHED TO THIS
RESOLUTION AS EXHIBIT "A"; PROVIDING FOR A CHANGE IN
THE LEASE TERM; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE
The City Attorney read Resolution No. R-96-07 by title only.
Vice Mayor Corum requested removal of item B; Mrs. Cartwright
requested removal of item C.
The City Manager recommended action for item C (R-96-11) should
include "subject to review and acceptance by the specialized consultant".
The City Manager read the Consent Agenda at this time (item D had been
removed under "Agenda Modifications".
11
Regular City Council Meeting
January 24, 1996
Page Twelve
MOTION by Comm/Halloran
I move approval of item A of the consent agenda.
KOLL CALL:
Mrs. Damp -aye
Mr. Halloran -aye
Mayor Firfion -aye
Vice Mayor Corum -aye
Mrs. Cartwright -aye
MOTION CARRIED 5-0
Item.t5 - Resolution No. R-96-07 - Vacation of Easement
Vice Mayor Corum had questions relating to the location of the easement in
question. She was assured the subject easement was not that abutting the
alleyway.
MOTION by HalloraWCorum
I move to approve Resolution No. R-96-07.
ROLL CALL:
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
-aye
-aye
-aye
-aye
MOTION CARRIED 5-0.
Item C - Resoh~tion No. R-96-11 - Premium Conversion Pl~
The City Attorney read Resolution R-96-11 by title only
Mrs. Cartwright recommended a change from "cafeteria" to "conversion".
The City Attorney agreed with the recommendation.
12
Regular City Council Meeting
January 24, 1996
Page Thirteen
MOTION by Halloran/Cartwfight
I move to approve and adopt Resolution No. R-96-11 authorizing the
City Manager to enter into a contract with Florida Combined Life Insurance
Co., Inc. a subsidiary of Blue Cross/Blue Shield for a premium conversion
plan as amended this evening by Mr. Koford.
Mrs. Cartwright's recommended change "cafeteria" to "conversion" was
not part of the motion however, there were no objections.
ROLL CALL:
Mayor Firtion -aye
Vice Mayor Corum -aye
Mrs. Cartwdght -aye
Mrs. Damp -aye
Mr. Halloran -aye
MOTION CARRIED 5-0
96.017
9. PRESENTATIONS
A. Presentation of Lease Proposal by PGA Professional, Patrick Cerjan
RESOLUTION NO. R-96-18 - Authorize Mayor to Execute
Club Car Golf Course Cart Lease (City Manager Transmittal
1/18/96, R-96-18)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, APPROVING THE CLUB CAR GOLF CAR FLEET EQUIPMENT
LEASE; AUTHORIZING THE MAYOR AND CiTY CLERK TO SIGN THE
PROPOSED LEASE AGREEMENT, A SAMPLE OF WHICH IS ATTACHED
TO THIS RESOLUTION AS EXHIBIT "A", WHEN FINALLY APPROVED AS
TO FORM AND CONTENT BY THE CITY ATTORNEY; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
13
Regular City Council Meeting
January 24, 1996
Page Fourteen
This item had bee previously removed under "Agenda Modifications".
10. ~SION OF RESOLUTION NO, R-.95-09
96.018/
95.017
95.039
Rich~d Fe~ - Extension of Resolution No, 1t,-95-09 (Community
Development Translllittal 1L17/96, Application for Mining Permit, R-
95-09, $it¢ P!all Under Separ~,tg Cover, R. Reed Commen~
Forthcoming)
The City Manager said the applicant's counsel had requested a continuance
to February 14, 1996. A letter from Rod Reed was distributed prior to the
meeting.
MOTION by Comm/Cartwright
I move to table item R-95-09 until February 14, 1996 on behalf of
the applicant.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
11.
MARCH 12o 1996 ELECTION MATTERS (City Clerk Transmittal
1/15/96, Proclamation, R-96-06, Charter Secs. 4.05, 4.07 & 4.08, SOE
Letter)
96.010F A. Proclamation - Calling March 12,1996 Election
Mayor Firtion read the proclamation, omitting reference to Ordinance Nos.
0-96-01 and 0-96-02 which had been previously denied.
14
Regular City Council Meeting
January 24, 1996
Page Fit~een
96.010G B.
RESOLUTION NO, 11,-96-06 - Location of Election, Naming
Offices to be Filled and Questions to be Decided
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING
PLACES FOR A GENERAL ELECTION TO BE HELD ON MARCH 12,
1996, FOR THE PURPOSE OF ELECTING TWO (2) CITY COUNCIL
MEMBERS FOR TERMS OF TWO (2) YEARS AND PLACING
CERTAIN REFERENDUM QUESTIONS ON THE BALLOT;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-96-06 by title only and noted that
reference to Ordinance Nos. 0-96-01 and 0-96-02 must be deleted from all
areas of the resolution.
MOTION by Cartwrightfl-Ialloran
I move to approve Resolution No. R-96-06 as revised.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
MOTION CARRIED 5-0
96.010H
Formal Request for Supervisor of EleCtiola$ for Indian River
County to ConductElecfion and Prepare gtallot
MOTION by Cartwright/Damp
I move we formally request the Supervisor of Elections for Indian
River County to administer the March 12, 1996 general election in the City
of Sebastian.
15
Regular City Council Meeting
January 24, 1996
Page Sixteen
TAPE II - SIDE I (8:37 p.m.)
ROLL CALL:
Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corem
Mrs. Cartwright
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
12. RI~RFRObIT WA~KPROJECT MATTERS
96.OO2A
I~SOLUTION NO, R-96-14 - Acknowledging Completion of
Riverfxont Water Project - Confmning Final Amount for Special
Assessment (City Manager Transmittal 1/18/96, R-96-14 w/Exhibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ON THE SPECIAL ASSESSMENTS FOR THE
RIVERFRONT WATER PROJECT; ACKNOWLEDGING
COMPLETION OF THE IMPROVEMENTS TO THE RIVERFRONT
WATER PROJECT; DETERMINING THE ACTUAL COST OF THE
PROJECT, INCLUDING FINANCING COSTS, PROVIDING FOR
CREDITS FOR PAID SPECIAL ASSESSMENTS; DETERMINING AND
CONFIRMING THE FINAL AMOUNT OF THE SPECIAL
ASSESSMENTS; FURNISHING NOTICE TO OWNERS; PROVIDING
FOR TERMS OF PAYMENTS; AUTHORIZING THE CITY MANAGER
TO EXECUTE LIEN RELEASES; PROVIDING FOR CONFLICTS AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-96-14 and noted amendments and
the effect of the Resolution. A revised copy had been distributed prior to
the meeting, however, the tire did not change.
MOTION by Cartwright/Halloran
I move to approve Resolution No. R-96-14 as revised.
16
Regular City Council Meeting
January 24, 1996
Page Seventeen
ROLL CALL:
Mr. Halloran
Mayor Firtion
Vice Mayor Corem
Mrs. Cartwright
Mrs. Damp
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
96.002B B.
RESOLUTION NO. R-96-16 - Authorizing Bond for Riverfront
Water Project (City Manager Transmittal 1/18/96, R-96-16, Closing
Documents)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AUTHORIZING THE ISSUANCE BY THE
CITY OF A $527,993.46 CITY OF SEBASTIAN, FLORIDA
IMPROVEMENT BOND, SERIES 1996, IN ORDER TO FINANCE THE
COST OF THE ACQUISITION AND CONSTRUCTION OF WATER
LINE IMPROVEMENTS WITHIN THE CITY; PLEDGING THE
MONEYS RECEIVED BY THE CITY FROM SPECIAL ASSESSMENTS
UPON PROPERTY BENEFITTED BY THE AFOREMENTIONED
IMPROVEMENTS TO SECURE PAYMENT OF THE PRINCIPAL OF
AND INTEREST ON SAiD BONDS; PROVIDING FOR THE RIGHTS
OF THE HOLDERS OF SAID BONDS; AND PROVIDING FOR AN
EFFECTIVE DATE FOR THIS RESOLUTION.
The City Attorney read Resolution No. R-96-16 by title and explained
revisions made by bond counsel. A revised copy ofR-96-16 had been
distributed prior to the meeting.
MOTION by Cartwright/Halloran
I move to approve Resolution No. R-96-16 as revised.
ROLL CALL:
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
17
Regular City Council Meeting
January 24, 1996
Page Eighteen
96.002C C.
96.009
RESOLUTION NO, g-96-17 - Authorizing Execution of Bill of Sale
for Riverfront Water Project (City Manager Transmittal 1/12/96,
R-96-17)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST A "BILL OF SALE"
CONVEYING THE RIVERFRONT WATER PROJECT TO INDIAN
RIVER COUNTY; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-96-17 by title only.
MOTION by Damp/Halloran
I move to approve Resolution No. R-96-17 on the Riverfront Water
Project and authorize the Mayor and City Clerk to execute the bill of sale.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cartwdght - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
13. COMMITTEE REPORTS/RECOMMENDATIONS
A. Riyerfront Committee
1. Appoint Members (No Backup)
The City Manager had previously submitted a membership list with five
names (see attached) and request authorization to choose the two at-large
members. City Council concurred and requested notification when
complete.
18
Regular City Council Meeting
January 24, 1996
Page Nineteen
14. OLD BUSINESS
None.
15. NEW BUSINES~
96.019/
91.132
D~partment of Community Affairs "Stipulated Settlement
Agreement" (City M~agq Transmittal 1/12/96, DCA/Stipulated
Settlement Agreement)
The City Manager noted a correction to his recommended action to set a
public hearing on the agreement for February 14, 1996.
Vice Mayor Corem suggested that for future annexations, it be determined
that necessary infrastructure is in place.
MOTION by Corum/C~~t
I move to establish a public hearing for February 14, 1996
concerning thc Department of Community Affairs and the City's
Comprehensive Land Use Plan coming into compliance.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
MOTION CARRIED 5-0
19
Regular City Council Meeting
January 24, 1996
Page Twenty
96.020 B.
96.021A
P~SOLUTION NO. R-96-09 - Special $1 Service Charge for
Municipal Golf Course (City Manager Transmittal 1/12/96, R-96-09)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A SPECIAL SERVICE CHARGE
FOR THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
This item had been withdrawn from agenda under "Agenda Modifications".
RESOLUTION NO. R-96-12 - Amending Airport Field Rules
Section V - Parking and License Form (, R-96-12 w/Exhibit)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION V OF THE FIELD RULES
OF THE SEBASTIAN MUNICIPAL AIRPORT; INCREASING THE
SHORT-TERM AIRCRAFT PARKING CHARGE FROM TWO
DOLLARS ($2.00) PER DAY TO THREE DOLLARS ($3.00) PER DAY;
INCREASING THE LONG-TERM AIRCRAFT PARKING CHARGE
FROM TWENTY DOLLARS ($20.00) PER MONTH TO THIRTY
DOLLARS ($30.00) PER MONTH; PROVIDING FOR DESIGNATION
OF AIRCRAFT PARKING AREAS BY RESOLUTION OF THE CITY
COUNCIL; PROVIDING FOR GRANTS OF PERMISSION FOR USE OF
SUCH PARKING AREAS BY AIRPORT TENANTS; PROVIDING A
FORM FOR AN "AIRPORT PARKING LICENSE"; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
20
Regular City Council Meeting
January 24, 1996
Page Twenty One
96.021B D.
RESOLUTION NO, R-96-13 - Rescind Sebastian Aero Services
Parking Agreement (City Manager Transmittal 1/18/96, R-96-13
w/Exhibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CANCELING THE AGREEMENT BETWEEN
THE CITY OF SEBASTIAN AND SEBASTIAN AERO SERVICES, INC.
(NOW B & S INVESTMENTS) DATED APRIL 16, 1986 WHICH
DESIGNATED A CERTAIN AREA AS "AIRCRAFT PARKING AREA"
FOR THE PURPOSE OF ALLOWING SEBASTIAN AERO SERVICES
TO ALLOW THIRD PARTY PARKING ON SEBASTIAN MUNICIPAL
AIRPORT PROPERTY; REPEALING RESOLUTION NO. R-86-12;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Revised Resolution Nos. R-96-12 and R-96-13 had been distributed prior to
the meeting.
The City Attorney expressed concern for taking action on R-96-12 first
because of the 60 day notice requirement in the agreement with Sebastian
Aero Services (now B & S Investments).
The City Manager said the purpose of this resolution was to make parking
equitable for all tenants.
It was decided to postpone action on the two resolutions until February 14,
1996 and the City Manager said he would notify all tenants of the proposal.
96.022/
95.187
Consider Ext~llSi0a of Jack Regan Masonry Contract for Bikepatll
- Barber Street from B~b.~ Street Sports Complex to CR 512
t~Publi~ Works Director Memo 1[17/96)
The City Manager had distributed a memo from the Public Works Director
relative to costs prior to the meeting.
21
Regular City Council Meeting
January 24, 1996
Page Twenty Two
He recommended going out to bid for the project.
MOTION by Com~Cmwfight
I move to allow Council to have City staff come up with
specifications for the proposed bikepath to go in from Barber Street Sports
Complex to CR 512 on the west side of Barber Street. Vice Mayor Corum
clarified staff as the City Manager and said the motion was for concrete.
The City Manager said the Attorney is reviewing a proposed bid.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - nay
Vice Mayor Corem - aye
Mrs. Cartwright - aye
Mrs. Damp - nay
MOTION CARRIED 3-2 (Firtion, Damp - nay)
Mayor Firfion called recess from 9:15 p.m. to 9:30 p.m. All members were
present.
16.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
Walter Barnes, 402 Azine Terrace, Sebastian, responded to remarks by
Mayor Firfion at the last meeting relative to Mr. Barnes.
TAPE II - SIDE II (9:35 p.m.)
Robert Freeland, 733 Wentworth Street, Sebastian, responded to remarks
made by Mayor Firtion in the last issue of the Sebastian Sun.
Frank Oberbeck, 601 Layport Drive, Sebastian, asked Mayor Firfion to
conduct a one on one discussion with him and two reporters.
22
Regular City Council Meeting
January 24, 1996
Page Twenty Three
Donald Smith, 208 Poinciana Street, Sebastian, an applicant for City
Manager, although not selected for interview, offered to assist the City with
its selection.
Herbert Sturm, 549 Saunders Street, Sebastian, offered his time to speak to
allow Donald Smith to complete his presentation. City Council agreed.
Mr. Smith discussed total quality management, training programs and the
need for City Manager responsiveness.
Sal Neglia, 461 Georgia Boulevard, Sebastian, responded to remarks made
by Mayor Firtion in the Sebastian Sun.
Wally Kramer, Micco, discussed the scrub jay issue noting that property
owners are still stuck with property they can't use or sell.
17. CITY COUNCIL MATTERS
A. Mr. Raymond Hallor~
None.
B. Mayor Arthur Fir00n
Mayor Firtion said he'd let the people speak at the polls.
C. Vice Mayor Carolyn CoruI~
Vice Mayor Corum requested that costs to advertise agendas be placed on
the February 14, 1996 agenda; and thanked Public Works for posting signs
at Barber Street Sports Complex prohibiting golf practice.
23
Regular City Council Meeting
January 24, 1996
Page Twenty Four
D. Mrs. Louise Cartwright
None.
E. Mrs. Norma Damp
None.
18. CITY ATTORNEY MATTERS
None.
19. CITY MANAGER MATTERS
The City Manager explained the removal of Resolution No. R-96-18 - Golf
Course cart lease, stating that the proposed lease language is not acceptable
in the State of Florida and said he'd bring back a revision to the February
14, 1996 agenda. He explained that Resolution No. R-96-09 was removed
when it was discovered that Golf Course funds are pledged to debt service
and cannot be restricted to another purpose, therefore, another
methodology would have to be found.
20.
Being no further business Mayor Firtion adjourned the Regular Meeting at
10:15 p.m.
Approved at the //fJ~ ~,7.~:.-~'[d[~.A.c(_ ,1996, Regular City Council
Arthur L. Firtion, Mayor
Katlnyn ~. O'Halloran, CMC/AAE
City Clerk
24