HomeMy WebLinkAbout02091994 City of Sebastian
1225 MAIN STREET [] SEBASTIAN FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
WEDNESDAY, FEBRUARY 9, 1994 - 6:00 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.
94.006 PURPOSE: Discuss and Negotiate Terms of Proposed
Agreement with Joel Koford for Position of city Manager
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
94.006 4.
DISCUSS AND NEGOTIATE TERMS OF PROPOSED AGREEMENT
WITH JOEL KOFORD FOR POSITION OF CITY MANAGER
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, FEBRUARY 9, 1994 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1.225 MAIN STREET, SEBASTIAN, FLORIDA.
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Rev. Henk Toussaint - St. Sebastian
Catholic Church
4. ROLL CALL
5. AOENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
94.023
93.186
7. PUBLIC HEARINGj FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
RESOLUTION NO. R-94-07 - Sebastian Lakes Utility
Agreement - chapter 180 Hearing (Utilities
Director Transmittal dated 2/3/94, R-94-07,
Agreement and Hartman Briefing Document
Previously Distributed)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR CERTAIN
DETERMINATIONS, FINDINGS, AND STATEMENTS AS REQUIRED
IN SECTION 180.301, FLORIDA STATUTES; APPROVING THE
WATER AND WASTEWATER SERVICE AND CONTRIBUTION
AGREEMENT WITH SEBASTIAN LAKES UTILITY COMPANY AND
SEBASTIAN LAKES ASSOCIATES (THE "AGREEMENT") TO
PROVIDE WATER AND SEWER UTILITY SERVICE TO SEBASTIAN
LAKES, A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION
AS EXHIBIT "A"; AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN THE AGREEMENT ON BEHALF OF THE CITY;
PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. O-93-16 - Code Enforcement Board
(Director of Community Development Transmittal
dated 2/2/94, O-93-16)
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDiAN RIVER
COUNTY, FLORIDA, AMENDING, IN ITS ENTIRETY, CHAPTER
2, ARTICLE VI, DIVISION 2, OF THE CODE OF ORDINANCES,
PERTAINING TO THE CODE ENFORCEMENT BOARD; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading 1/12/94, Advertised
1/26/94, PH and Adoption 2/9/94)
2
93.260
94.o28/
93.209
94.047/
93.336
ORDINANCE NO___~. 0-93-22 - Special Use Permit
Procedures (Director of Community Development
Transmittal dated 2/2/94, 0-93-22)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, ARTICLE II,
SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN, PERTAINING TO SPECIAL USE PERMITS;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
1/12/94, Advertised 1/26/94, PH and Adoption 2/9/94)
ORDINANCE NO___= O-94-01 - Cable Regulation (Finance
Department Transmittal dated 2/3/94, O-94-01, FCC
Form 328)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA RELATING TO CABLE TELEVISION
REGULATION; CREATING CHAPTER 105 OF THE CODE OF
ORDINANCES; PROVIDING FOR A TITLE; PROVIDING FOR
AUTHORITY; PROVIDING FOR DEFINITIONS; RESERVING
AUTHORITY TO THE CITY; PROVIDING FOR RATE REGULATION;
PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. ((lst Reading
1/26/94, Advertised 1/28/94, PH and Adoption 2/9/94)
8. ITEM CARRIED FORWARD FROM 2/2/94 WORKSHOP
Discuss Scrub Jay Issue (Director of Community
Development Transmittal dated 1/27/94, Fish &
Wildlife Application, Draft Letter, F & W Letter
dated 12/22/93)
9. CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
Approval of Minutes - 1/26/94 Regular Meeting,
1/27/94 Special Meeting, 1/29/94 Special Meeting,
2/2/94 Special Meeting, 2/2/94 Workshop
94.048/
93.187
94.049
94.045
94.050
RESOLUTION NO. R-94-11 - Drug-Free Workplace
Policy (Personnel Director Transmittal dated
1/24/94, R-94-11, Policy, Acting City Manager
Memo dated 2/4/94)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A POLICY ON A DRUG FREE
WORKPLACE; PROVIDING FOR INCLUSION OF SUCH POLICY IN
THE CITY OF SEBASTIAN'S STANDARD OPERATING
PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO___~. R-94-12 - Vacation of Easement
(City Clerk Transmittal dated 2/3/94, R-94-12,
city Engineer Memo dated 1/20/94, Application,
Drawing)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING,
AND DISCONTINUING THE NORTH FIVE FEET OF LOT 1 AND
THE SOUTH FIVE FEET OF LOT 2, PUBLIC UTILITY AND
DRAINAGE EASEMENT OF BLOCK 107, SEBASTIAN HIGHLANDS
UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PBI 5-35, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-94-14 - Support Extension of
Channel from Sebastian Inlet to Intracoastal
Waterway (City Clerk Transmittal dated 2/3/94,
R-94-14)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SUPPORTING THE EFFORTS OF THE
SEBASTIAN INLET TAX DISTRICT TO EXTEND THE CHANNEL
FROM THE SEBASTIAN iNLET TO THE ATLANTIC INTRACOASTAL
WATERWAY, PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
Approve Councilmember Corum Request for Travel -
National Arbor Day Foundation - "Building with
Trees" workshop - February 14, 1994 - Gainesville
(City Clerk Transmittal dated 2/3/94, Brochure)
4
94.051
94.015
94.052
94.053
94.o54/
93.034/
92.235
94.055
94.056
10.
11.
12.
Bid Award - City Vegetation Trash Hauling and
Disposal - L.I. Tree Service- $3.49 Cubic Yard
(city Engineer Transmittal dated 2/3/94, Bid
Tabulation)
Engage Hoyman, Dobson & Co. to Conduct
Independent Internal Control Study of Golf Course
Operations During Course of city Audit - Not to
Exceed $5,000.00 (Finance Director Transmittal
dated 2/3/94, Finance Director Memo dated 1/6/94)
Waiver of Bid - Approve Purchase of Two New ITRON
Meter Reading Units - Utilities Department -
$3,990.00 (Utilities Director Transmittal dated
2/2/94, Keller Memo dated 2/2/94, Asher Letter
dated 2/1/94, Utilities Director Memo dated
11/18/93)
Waiver of Bid - Purchase SCT Service Order
Subsystem w/ Training and Annual Service -
$3,534.00 Total - Utilities Department (Utilities
Director Transmittal dated 2/2/94, SCT Letter
dated 1/20/94, Service Orders Printouts)
Morchesky Request One Year Extension on
Sandmining Special Use Permit - Subject to
Receipt of Performance Bond (Director of
Community Development Transmittal dated 2/3/94,
Application, Mosby Letter dated 1/20/94,
Performance Bond)
Approve March of Dimes Walk America Event -
Riverview Park - 4/23/94 - 7:00 am to 1 pm - With
Certain Conditions (Director of Community
Development Transmittal dated 2/3/94)
American Cancer Society - Chili/Chowder Cook-Off
- Community Center - 2/26/94 - 5 pm to 11 pm -
A/B - Waiver of Rental Fee - Barbara McManus
Permittee DOB 7/10/33 (city Clerk Transmittal
dated 2/2/94, Application, Letter dated 1/10/94)
PRESENTATIONS
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
5
13.
14.
15.
16.
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS
NEW BUSINESS
MAYOR AND CITY COUNCIL MATTERS
A. Mr. Robert Freeland
B. Mayor Lonnie R. Powell
C. Vice-Mayor Frank Oberbeck
D. Mrs. Carolyn Corum
E. Mrs. Norma Damp
17. INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
94.057 A. Sebastian Panthers Request for Monthly Dance at
Community Center - Waiver of Rental Fee and
Reduction of Security Deposit to $100 (City Clerk
Transmittal dated 2/3/94, Morgan Letter dated
1/24/94)
18. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGNUP SHEET
FEBRUARY 9, 1994 REGULAR CITY COUNCIL MEETING
(Use this form ONLY for presentation of matters NOT on the
prepared agenda. Introduction of Business from the Public is the
last item on the agenda)
NAME: Sebastian Panthers
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
PUBLIC HEARING SIGN-UP SHEET
FEBRUARY 9, 1994 REGULAR MEETING
94.028/ D.
93.209
ORDINANCE NO. O-94-01 - Cable Regulation (Finance
Department Transmittal dated 2/3/94, O-94-01, FCC
Form 328)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA RELATING TO CABLE TELEVISION REGULATION; CREATING CHAPTER
105 OF THE CODE OF ORDINANCES; PROVIDING FOR A TITLE; PROVIDING
FOR AUTHORITY; PROVIDING FOR DEFINITIONS; RESERVING AUTHORITY TO
THE CITY; PROVIDING FOR RATE REGULATION; PROVIDING FOR THE REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. ((lst Reading 1/26/94,
Advertised 1/28/94, PH and Adoption 2/9/94)
Use this form ONLY for public input on the above referenced
public hearing item
4
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....
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
93.260
PUBLIC HEARING SIGN-UP SHEET
FEBRUARY 9, 1994 REGULAR MEETING
C. ORDINANCE NO___~. 0-93-22 - Special Use Permit
Procedures (Director of Community Development
Transmittal dated 2/2/94, 0-93-22)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING CHAPTER 20A, ARTICLE II, SECTION 20A-2.6 OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, PERTAINING TO
SPECIAL USE PERMITS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 1/12/94, Advertised 1/26/94, PH and Adoption 2/9/94)
Use this form ONLY for public input on the above referenced
public hearing item
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
PUBLIC HEARING SIGN-UP SHEET
FEBRUARY 9, 1994 REGULAR MEETING
93.186 B.
ORDINANCE NO. O-93-16 - Code Enforcement Board
(Director of Community Development Transmittal
dated 2/2/94, O-93-16)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING, IN ITS ENTIRETY, CHAPTER 2, ARTICLE VI,
DIVISION 2, OF THE CODE OF ORDINANCES, PERTAINING TO THE CODE
ENFORCEMENT BOARD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 1/12/94, Advertised 1/26/94, PH and Adoption 2/9/94)
Use~.his form ONLY for public input on the above referenced
public hearing item
/' / / ':::~ , "3
NAME: ~ ..~
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
PUBLIC HEARING SIGN-UP SHEET
FEBRUARY 9, 1994 REGULAR MEETING
94.023 A.
RESOLUTION NO. R-94-07 - Sebastian Lakes Utility
Agreement - Chapter 180 Hearing (Utilities
Director Transmittal dated 2/3/94, R-94-07,
Agreement and Hartman Briefing Document
Previously Distributed)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR CERTAIN DETERMINATIONS, FINDINGS, AND
STATEMENTS AS REQUIRED IN SECTION 180.301, FLORIDA STATUTES;
APPROVING THE WATER AND WASTEWATER SERVICE AND CONTRIBUTION
AGREEMENT WITH SEBASTIAN LAKES UTILITY COMPANY AND SEBASTIAN
LAKES ASSOCIATES (THE "AGREEMENT") TO PROVIDE WATER AND SEWER
UTILITY SERVICE TO SEBASTIAN LAKES, A COPY OF WHICH IS ATTACHED
TO THIS RESOLUTION AS EXHIBIT "A"; AUTHORIZING THE MAYOR AND CITY
CLERK TO SIGN THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR
THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Use this form ONLY for public input on the above referenced
public he~'Dg ~tem ~/..~ j
NAME: ~' ' % ~f ~ ..... ~' ~ ..... ~ ~ ' ........
ADDRESS: ~ ~.
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET
FEBRUARY 9, 1994 REGULAR MEETING
(Use this form ONLY for input on items on the prepared agenda
EXCEPT for public hearings which have their own signup sheets.
You will now speak immediately prior to the subject after being
recognized by the Mayor.)
NAME
ITEM NO.:
SUBJECT :
NAME :
ADDRESS :
ITEM NO.:
SUBJECT :
NAME/'
ADDFSS
ITeM NO.
~S JECT
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
WEDNESDAY, FEBRUARY 9, 1994 - 6:00 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. Mayor Powell called the meeting to order at 7:00 p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Also
Present:
city Clerk/Acting City Manager,
Kathryn M. O'Halloran
Assistant City Attorney, Richard Torpy
Personnel Director, Wendy Widmann
Deputy City Clerk, Sally Maio
And: Mr. Joel Koford
, Special City Council Meeting
February 9, 1994
Page Two
DISCUSS AND NEGOTIATE TERMS OF PROPOSED AGREEMENT
WITH JOEL KOFORD FOR CITY MANAGER
City Council reached a consensus on the terms of the
proposed agreement submitted by Joel Koford to the
Personnel Director and City Council today.
The Assistant City Attorney said he would need time
to review the Indemnification, Bonding and Other
Terms and Conditions of Employment clauses, and that
a contract in proper legal form will be prepared.
MOTION by Oberbeck/Freeland
I would move that we engage Joel Koford as the
City Manager subject to the completion of the drug
testing, background checking, and the signing of the
contract when prepared and the physical which goes
along with the drug testing.
Mr. Koford said he can begin on February 23, 1994,
and explained that he has a personal prior commitment
on March 3 and 4, 1994 in Oregon.
The Assistant City Attorney said the contract will be
complete by Friday.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
Being no further business, Mayor Powell adjourned the
special meeting at 6:30 p.m.
Approved at the
JS/~ /, 1994, C~uncil
~~ M~eeting/'~ /// /~// //
V-/Lonnie R. P~q~l ,~ayor /
~' lloran, CMC/AAE
~hryn~~. O, Ha~//~~-~-
City Clerk
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, FEBRUARY 9, 1994 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. Mayor Powell called the meeting to order at 7:00 p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Rev. Henk Toussaint - St.
Sebastian Catholic Church.
4. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Also Present:
City Clerk/Acting City Manager,
Kathryn M. O'Halloran
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Finance Director, Marilyn Swichkow
Utilities Director, Richard Votapka
Personnel Director, Wendy Widmann
Golf Course Pro/Manager, Joseph O'Rourke
Staff Accountant, Chris Moore
Deputy City Clerk, Sally Maio
Regular City Council Meeting
February 9, 1994
Page Two
94.023
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the council members present
(Resolution No. R-93-19).
None.
PROCLAMATIONS AND/OR ANNOUNCEMENTS
Mayor Powell announced that a City Manager had been
hired and would begin on February 23, 1994.
7. PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff summation
* Mayor Closes Hearing
* Council Action
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
RESOLUTION NO_ R-94-07 - Sebastian Lakes Utility
Agreement - Chapter 180 Hearing (Utilities
Director Transmittal dated 2/3/94, R-94-07,
Agreement and Hartman Briefing Document
Previously Distributed)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR CERTAIN
DETERMINATIONS, FINDINGS, AND STATEMENTS AS REQUIRED
IN SECTION 180.301, FLORIDA STATUTES; APPROVING THE
WATER AND WASTEWATER SERVICE AND CONTRIBUTION
AGREEMENT WITH SEBASTIAN LAKES UTILITY COMPANY AND
SEBASTIAN LAKES ASSOCIATES (THE "AGREEMENT") TO
PROVIDE WATER AND SEWER UTILITY SERVICE TO SEBASTIAN
LAKES, A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION
AS EXHIBIT "A"; AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN THE AGREEMENT ON BEHALF OF THE CITY;
PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Regular city Council Meeting
February 9, 1994
Page Three
Mayor Powell opened the public hearing at 7:03 p.m.
and the City Attorney read Resolution No. R-94-07 by
title only.
The Utilities Director presented an explanation of
the proposed.utility agreement and reviewed the
Chapter 180 Florida Statutes Briefing Document as
prepared by Hartman and Associates, Inc.
The city AttOrney noted that the applicant paid the
cost of preparation of the document.
Richard Winkle, 1198 Breezy Way, Sebastian, inquired
whether costs will increase. The Utilities Director
responded that the rates are determined by ordinance,
are the same as the city's overall system and that
impact fees will be charged for future connections.
Barbara Hall, counsel for Greenburg - Traurig,
representing the owners of Sebastian Lakes, stated
that Sebastian Lakes intends to pay the impact fee
for existing users to connect to the city system.
The City Attorney advised that if approved, a short
recess be called for execution of documents.
Ms. Hall said she has a fax showing that the
development agreement has been signed.
Mayor Powell closed the public hearing at 7:34 p.m.
MOTION by Oberbeck/Damp
i would move to adopt Resolution No. R-94-07,
Sebastian Lakes Utility agreement.
A brief city Council discussion took place on
condition of the plant and availability of funding.
TAPE I - SIDE II (7:47 p.m.)
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - nay
Mayor Powell - aye
MOTION CARRIED 4-1 (Freeland - nay)
Mayor Powell called recess at 7:49 p.m. and
reconvened the meeting at 8:03 p.m. Ail members were
present.
Regular City Council Meeting
February 9, 1994
Page Four
93. 186 B.
ORDINANCE NO. O-93-16 - Code Enforcement Board
(Director of Community Development Transmittal
dated 2/2/94, O-93-16)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING, IN ITS ENTIRETY, CHAPTER
2, ARTICLE VI, DIVISION 2, OF THE CODE OF ORDINANCES,
PERTAINING TO THE CODE ENFORCEMENT BOARD; PROVIDING
FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading 1/12/94, Advertised
1/26/94, PH and Adoption 2/9/94)
Mayor Powell opened the public hearing at 8:03 p.m.
and the city Attorney read Ordinance No. O-93-16 by
title only.
Herbert Sturm, 549 Saunders Street, Sebastian,
suggested amendments to the proposed ordinance and
requested it. be postponed until a new city Manager
and/or city Council is on board.
Sal Neglia, 461 Georgia Boulevard, Sebastian, urged
City Council to solve Code Enforcement Board
problems.
Keith Miller, 961 Riviera Avenue, Sebastian, inquired
about the deletion of duration of service for chair
and Vice-Chair and change in duration of liens to
five years.
The City Attorney concurred with certain
typographical amendments suggested by Mr. Sturm, (2-
179 change word to "alternate", 2-182 (c) change word
to "intends") and noted that some of the changes are
in accordance with Florida law.
Discussion took place on the removal of the old 2-186
regarding Chair and vice-Chair serving for two
years and attending at least 90% of the meetings.
Mayor Powell closed the public hearing at 8:24 p.m.
MOTION by Corum/oberbeck
I make a motion for council to approve Ordinance
No. O-93-16, with technical changes that the Attorney
made.
Regular City Council Meeting
February 9, 1994
Page Five
93.260
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - nay
Mr. Oberbeck - nay
MOTION CARRIED 3-2 (Powell, Oberbeck - nay)
C. ORDINANCE NO. 0-93-22 - Special Use Permit
Procedures (Director of Community Development
Transmittal dated 2/2/94, 0-93-22)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 20A, ARTICLE II,
SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN, PERTAINING TO SPECIAL USE PERMITS;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
1/12/94, Advertised 1/26/94, PH and Adoption 2/9/94)
Mayor Powell opened the public hearing at 8:28 p.m.
and the City Attorney read Ordinance No. 0-93-22 by
title only.
The Director of Community Development noted that
this Ordinance will require Planning and Zoning to
conduct public hearings and a resolution for
final approval.
Mayor Powell closed the public hearing at 8:29 p.m.
MOTION by Oberbeck/Damp
I would move that we approve Ordinance No. 0-93-
22.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
5
Regular City Council Meeting
' February 9, 1994
Page Six
94.028/ D.
93.209
ORDINANCE NO. O-94-01 - Cable Regulation (Finance
Department Transmittal dated 2/3/94, O-94-01, FCC
Form 328)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA RELATING TO CABLE TELEVISION
REGULATION; CREATING CHAPTER 105 OF THE CODE OF
ORDINANCES; PROVIDING FOR A TITLE; PROVIDING FOR
AUTHORITY; PROVIDING FOR DEFINITIONS; RESERVING
AUTHORITY TO THE CITY; PROVIDING FOR RATE REGULATION;
PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. ((lst Reading
1/26/94, Advertised 1/28/94, PH and Adoption 2/9/94)
Mayor Powell opened the public hearing at 8:30 p.m.
and the City Attorney read Ordinance No. O-94-01 by
title only.
Staff Accountant, Chris Moore reported that the rate
freeze has been extended until May 15, 1994 and urged
approval of the Ordinance.
John Kanfoush, 1437 Seahouse Street, Sebastian,
recommended citizen input on cable systems.
Mayor Powell closed the public hearing at 8:33 p.m.
MOTION by Oberbeck/Freeland
I would move that we adopt Ordinance No. O-94-01.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
6
Regular City Council Meeting
' February 9, 1994
Page Seven
8. ITEM CARRIED FORWARD FROM 2/2/94 WORKSHOP
94.047/ A.
93.336
Discuss Scrub Ja~ Issue (Director of Community
Development Transmittal dated 1/27/94, Fish &
Wildlife Application, Draft Letter. F & W Letter
dated 12/22/93)
Maggie Bowman urged protection of the shallow aquifer
beneath the Atlantic Coastal Ridge by protecting
scrub area.
Wally Kramer, Micco objected to Fish and Wildlife
mandates.
TAPE II - SIDE I (8:47 p.m.)
The Director of Community Development noted that Fish
and Wildlife, as of November 8, 1993, will no longer
issue no take letters on individual lots, questioned
the accuracy of the scrub maps, recommended that he
be authorized to send a letter to U.S. Fish and
Wildlife requesting that single family lots be
designated no take areas while stating the City's
intent to establish a Habitat Conservation Plan, and
reported Indian River County's intent to pursue
funding for an HCP and include the city of Sebastian.
MOTION by Corum/Damp
I make a motion for the city to coordinate with
Indian River County to pursue a county-wide HCP.
Vice Mayor Oberbeck was excused from 9:13 p.m. to
9:15 p.m.
In response to Mrs. Corum, the Director of Community
Development said it was not his intent to fight Fish
and Wildlife, but to defend individual property
owners' rights.
ROLL CALL:
Mayor Powell - nay
Mr. Oberbeck - nay
Mrs. Corum - aye
Mrs. Damp - nay
Mr. Freeland - nay
MOTION FAILED 1-4 (Powell, oberbeck, Damp and
Freeland - nay)
7
Regular City Council Meeting
February 9, 1994
Page Eight
94.048~
93.187
MOTION by Oberbeck/Freeland
I would move to authorize staff to send a letter
to Fish and Wildlife Service and, if necessary,
pursue this through the Washington D.C. office.
Mr. Freeland suggested that nothing be done until the
city hears from the County but never compromise on
the single family lots.
Discussion followed regarding future action to work
with Indian River County.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 4-1 (Corum - nay)
Mayor Powell called recess at 9:17 p.m. and
reconvened the meeting at 9:37 p.m. Ail members were
present.
9. CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of city Council so requests; in
which event, the item will be removed and acted upon
separately.
Approval of Minutes - 1/26/94 Regular Meeting,
1/27/94 Special Meeting, 1/29/94 Special Meeting,
2/2/94 Special Meeting, 2/2/94 Workshop
RESOLUTION NO .... R-94-11 - Drug-Free Workplace
Policy (Personnel Director Transmittal dated
1/24/94, R-94-11, Policy, Acting City Manager
Memo dated 2/4/94)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A POLICY ON A DRUG FREE
WORKPLACE; PROVIDING FOR INCLUSION OF SUCH POLICY IN
THE CITY OF SEBASTIAN'S STANDARD OPERATING
PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
Regular City Council Meeting
February 9, 1994
Page Nine
94.049 C.
94.045
94.050
94.051
94.015
RESOLUTION NO. R-94-12 - Vacation of Easement
(City Clerk Transmittal dated 2/3/94, R-94-12,
City Engineer Memo dated 1/20/94, Application,
Drawing)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING,
AND DISCONTINUING THE NORTH FIVE FEET OF LOT 1 AND
THE SOUTH FIVE FEET OF LOT 2, PUBLIC UTILITY AND
DRAINAGE EASEMENT OF BLOCK 107, SEBASTIAN HIGHLANDS
UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PBI 5-35, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO___~. R-94-14 - Support Extension of
Channel from Sebastian Inlet to Intracoastal
Waterway (city Clerk Transmittal dated 2/3/94,
R-94-14)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SUPPORTING THE EFFORTS OF THE
SEBASTIAN INLET TAX DISTRICT TO EXTEND THE CHANNEL
FROM THE SEBASTIAN INLET TO THE ATLANTIC INTRACOASTAL
WATERWAY, PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
Approve Councilmember Corum Request for Travel -
National Arbor Day Foundation - "Building with
Trees" Workshop - February 14, 1994 - Gainesville
(city Clerk Transmittal dated 2/3/94, Brochure)
Bid Award - city Vegetation Trash Hauling and
Disposal - L.I. Tree Service - $3.49 Cubic Yard
(city Engineer Transmittal dated 2/3/94, Bid
Tabulation)
Engage Hoyman, Dobson & Co. to Conduct
Independent Internal Control Study of Golf Course
Operations During Course of city Audit - Not to
Exceed $5,000.00 (Finance Director Transmittal
dated 2/3/94, Finance Director Memo dated 1/6/94)
Regular City Council Meeting
February 9, 1994
Page Ten
94.052 H.
waiver of Bid - Approve Purchase of Two New ITRON
Meter Reading Units - Utilities Department -
$3,990.00 (Utilities Director Transmittal dated
2/2/94, Kettler Memo dated 2/2/94, Asher Letter
dated 2/1/94, Utilities Director Memo dated
11/18/93)
94.053 I.
Waiver of Bid - Purchase SCT Service Order
Subsystem w/ Training and Annual Service -
$3,534.00 Total - Utilities Department (Utilities
Director Transmittal dated 2/2/94, SCT Letter
dated 1/20/94, Service Orders Printouts)
94.054/
93.034/
92.235
Je
Morchesky Request One Year Extension on
Sandmining Special Use Permit - Subject to
Receipt of Performance Bond (Director of
Community Development Transmittal dated 2/3~94,
Application, Mosby Letter dated 1/20/94,
Performance Bond)
94.055
Approve March of Dimes Walk America Event -
Riverview Park - 4/23/94 - 7:00 am to 1 pm - With
Certain Conditions (Director of Community
Development Transmittal dated 2/3/94)
94.056
ne
American Cancer Society - Chili/Chowder Cook-Off
- Community Center - 2/26/94 - 5 pm to 11 pm -
A/B - Waiver of Rental Fee - Barbara McManus
Permittee DOB 7/10/33 (city Clerk Transmittal
dated 2/2/94, Application, Letter dated 1/10/94)
The city Attorney read the consent agenda in its
entirety, including titles for Resolution Nos. R-94-
11, R-94-12 and R-94-13.
Mr. Freeland removed item E; Mayor Powell removed
items F, G, H and J. Mrs. Corum inquired about F and
G; and Mrs. Damp noted her removal of items F, G and
H for the record.
MOTION by Oberbeck/Corum
i would move to approve those items (A, B, C, D,
I, K and L) on the consent agenda.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
10
Regular city Council Meeting
February 9, 1994
Page Eleven
94.050
Item E - Corum Request for Travel
Mr. Freeland and Mr. Oberbeck said they did not see
any advantage to the city by Mrs. Corum's attendance.
TAPE ii - SIDE II (9:45 p.m.)
Mrs. Corum said her interest in this subject would
benefit the city.
MOTION by Freeland/Oberbeck
I make a motion to deny the request for this
seminar.
ROLL CALL:
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - nay
94.051
MOTION CARRIED 3-2 (Damp, Corum - nay)
item F - Bid Award - Cit~ Vegetation Trash Hauling
Fred Mensing read an affidavit into the record (see
attached) and submitted copies of this and other
affidavits to the City Clerk regarding alleged
illegal dumping by L.I. Tree Service on January 15,
1994.
Mrs. Damp expressed concern, about dumping by L.I.
Tree Service and lack of Solid Waste landfill tickets
invoices in City invoice records.
Mrs. Corum questioned the price discrepancy between
bids.
Mr. Oberbeck noted that in accordance with the bid,
landfill tickets must be submitted with the invoice.
MOTION by Freeland/Corum
I make a motion that we accept the bid from L.I.
Tree Service at $3.49 per cubic yard.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - nay
MOTION CARRIED 4-1 (Damp - nay)
11
Regular City Council Meeting
February 9, 1994
Page Twelve
94.015
Item G - Internal Control Study of Golf Course
Thomas Wojciechowski, Peterson Street, Sebastian,
spoke on Golf Course improvements in the last several
years.
Bootie Briggs, 321 Main Street, Sebastian, objected
to spending $5000 on an audit and said the Finance
Department should conduct a review of the 91/92
fiscal year.
The Finance Director responded that she did not work
on the city's audit for 91/92, and said this would be
a management advisory service rather than an audit
and not punitive in nature.
MOTION by Corum/Damp
i make a motion to deny $5000 be spent for an
internal control study at the Pro Shop.
ROLL CALL:
Mayor Powell - nay
Mr. Oberbeck - nay
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - nay
MOTION FAILED 2-3 (Powell, oberbeck, Freeland - nay)
MOTION by Oberbeck/Freeland
I would move that we engage the city auditors to
conduct an independent study of the Golf Course
internal control procedures at a cost not to exceed
$5,000.00.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - nay
Mayor Powell - aye
MOTION CARRIED 3-2 (Corum, Freeland - nay)
94.052
Item H - ITRON Meter Readinq Units
The City Clerk/Acting City Manager reported that she
had been recently informed that the County had
invoiced the city for the complete systems package,
therefore, the Finance Director had obtained a price
for new units.
12
Regular city Council Meeting
February 9, 1994
Page Thirteen
MOTION by Oberbeck/Damp
I move to waive the bid procedure to appropriate
$3,990.00 to purchase two new ITRON hand held meter
reading units.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
94.054/
93.034/
Item J - Morchesky Sandmining Special
Use Permit
Mrs. Corum expressed concern for mining on the sand
ridge.
At 10:30 p.m. motion was made.
MOTION by Corum/Freeland
I make a motion to extend the meeting ten
minutes.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
TAPE III - SIDE I (10:30 p.m.)
MOTION by Corum/
I move that we deny the extension to sandmine
the Morchesky property.
Motion died for lack of a second.
MOTION by Oberbeck/Freeland
I would move to approve a twelve month time
extension for the Morchesky sandmining operation
which expires on 1/22/95 subject to the applicant
providing an updated performance bond.
13
Regular City Council Meeting
° February 9, 1994
Page Fourteen
94.057
ROLL CALL: Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - nay
Mrs. Damp - aye
MOTION CARRIED 4-1 (Corum - nay)
10. PRESENTATIONS
None.
11. CITY ATTORNEY MATTERS
None.
12. CITY MANAGER MATTERS
None.
13. COMMITTEE REPORTS/RECOMMENDATIONS
None.
14. OL___~D BUSINESS
None.
15. NEW BUSINESS
None.
The next item was moved forward on the agenda.
17. INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
A. Sebastian Panthers Request fo~ Monthly Dance at
Community Center - Waiver Of. Rental Fee and
Reduction of Security Deposit to $100 (City Clerk
Transmittal dated 2/3/94, Morgan Letter dated
1/24/94]
Patrick Morgan, 511 Citrus Avenue, Sebastian
Panthers, requested waiver of rental and reduction of
security for a monthly dance at the community Center.
14
Regular City Council Meeting
February 9, 1994
Page Fifteen
The City Clerk/Acting City Manager stated that this
request was for a blanket fee waiver and reduction of
security deposit to $100.00 only, stated that the
security remains on hold and that the Panthers will
be required to make application on a monthly basis
to reserve the facility.
MOTION by Freeland/Oberbeck
I'd move that we grant the Sebastian Panthers'
request for the waiver of rental fee.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
16. MAYOR AND CITY COUNCIL MATTERS
A. Mr. Robert Freeland
Mr. Freeland apologized for referring to a Golf
Course employee by name at the last meeting and said
he believed the Golf Course Manager also owed her an
apology.
B. ~ Lonnie R. Powell
Mayor Powell responded to rumors that he is driving a
new cadillac.
C. Vice-Ma~or Frank Oberbeck
Mr. Oberbeck commented on a letter received critical
to him.
D. Mrs. Carolyn Corum
Mrs. Corum expressed concern for taking definitive
action on workshop items rather than carrying them to
a consent agenda.
E. Mrs. Norma Damp
Mrs. Damp said she is going to bring an item to the
agenda to find a place for people to park large
trucks.
15
Regular City Council Meeting
February 9, 1994
Page Sixteen
18.
Being no further business, Mayor Powell adjourned the
regular meeting at 10:42 p.m.
A pp~ed at the ~~~ ~3.;c~. , 1994, city Council
~~ Meeting.
Kathry~ M. O'Halloran, CMC/AAE
city Clerk
16
121 Nebraska Circle
Sebastian, Florida 32958
Tel' (407) 388-9033
February 10, 1994
To' Hon. Mayor Lonnie Powell, City Engineer Dan Elkis and the
Hon. Members of the City Council of Sebastian, FlOrida
Honorable Sirs and Madams'
My name is Jack D. Hill. My wife Carol and I live at 121 Nebraska
Circle in Sebastian. We, together with our friends and neighbors
who are undersigned, all of whom live on the outer East side of
Nebraska Circle and are signatores tOothisf letter, do beg your at-
tention to a problem which faces all us on the East side of
Nebraska Circle.
We have been advised by city employees working in this area that the
Public Works Department of this city intends, in the near future, to
"c1 up"
ean the drainage ditch behind and to the East of Nebraska
Circle.
We strongly object to this for two reasons. First, that deep defile
serves as a natural habitat for a~number of wild creatures including
opossums, rabbits, armadillos, ~quirrels and several varieties of
turtles, and birds of many species including, I am told, scrub jays,
which as you must know are listed as an endangered species. All of
which we, the undersigned, regard as one of the more pleasant aspects
of living where we do. In fact, Mrs. Hill and I bought our home-site
largely because of its great natural beauty and the interesting
flora and fauna contained in this vale. Second, and perhaps of even
greater importance, we regard this lovely vale to be a natural bar-
rier to and protection from the heavy traffic which normally uses
this end of Schumann Drive (aka'Indian River County Road 615) as an
entrance to and an egress from US Route 1 and Fellsmere Road to this
end of Sebastian. We feel it protects us from prying eyes and more
importantly, from possible intrusions by potential trespassers (and
worse) who might take greater notice of us if this vale were denuded
of undergrowth and/or trees. If this is taken away, we feel also
that we will have lost one of the, most beautiful features of Sebast-
ian.
We therefore, earnestly beseech you that the vale behind us be left
in
its
ristine state, and no attempts to "clean it up" be allowed
p
either by private contractors, or by employees of the City of Sebas-
tian.
We therefore place our signatures below, confident that you will
respect the wishes of the undersigned citizens of Sebastian who will
be most directly affected by any attempt' to denude the referred to
vale which lies immediately behind our properties.
Respectfully,