HomeMy WebLinkAbout03111992 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH 11, 1992 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Chet Tokar, Sebastian Christian
Church
4. ROLL CALL
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-89-59).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
92.072
Proclamation - Girl Scout Week - March 8 - 14,
1992
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
92.063
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.
A. ORDINANCE NO. 0-92-03 - Police Pension Plan
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE VI OF CHAPTER 2 OF
THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
PERTAINING TO THE POLICE OFFICERS' RETIREMENT SYSTEM;
PROVIDING A DEFINITION OF FULL TiME FOR THE PURPOSES
OF DETERMINING ELIGIBILITY; PROVIDING A NEW
DEFINITION OF MEMBERS' CONTRIBUTIONS; PROVIDING THAT
DISTRIBUTIONS TO EACH MEMBER SHALL NOT COMMENCE LATER
THAN THE MEMBER'S REQUIRED BEGINNING DATE; PROVIDING
REGULATIONS GOVERNING DISTRIBUTIONS UPON THE DEATH OF
A MEMBER; PROVIDING LIMITATIONS WITH RESPECT TO
INCIDENTAL DEATH BENEFITS PAYABLE UNDER THE SYSTEM;
PROVIDING LIMITATIONS ON ANNUAL BENEFITS PAYABLE
UNDER THE SYSTEM; CLARIFYING WHAT CONSTITUTES MEMBER
CONTRIBUTIONS UNDER THE SYSTEM; PROVIDING THAT NO
PART OF THE CORPUS OR INCOME OF THE FUND MAINTAINED
UNDER THE SYSTEM MAY BE USED FOR OR DIVERTED TO
PURPOSES OTHER THAN FOR THE EXCLUSIVE BENEFIT OF
MEMBERS AND THEIR BENEFICIARIES; PROVIDING
LIMITATIONS ON BENEFITS PAYABLE UNDER THE SYSTEM ON
EARLY TERMINATION OF THE SYSTEM; PROVIDING FOR THE
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE
CODE OF ORDINANCES OF THE CITY OF SEBASTIAN;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading 2/12/92, Advertised
Legal Notices 2/26/92, Public Hearing and Adoption
3/11/92)
8. PUBLIC INPUT ON AGENDA ITEMS
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.
A. Approval of Minutes - 2/26/92 Regular Meeting
2
92.073
92.074
92.055
92.075
92.076
92.077
RESOLUTION NO. R-92-13 - Abandonment of Easement
(City Engineer Memo Dated 2/13/92, R-92-13,
Application, Map)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLiSHiNG, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE WEST 6 FEET OF LOT
1, AND THE WEST 6 FEET OF LOT 2, BLOCK 139, UNIT 139,
SEBASTIAN HIGHLANDS ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBI 5-99, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR RECORDING; AND PROVIDING AND EFFECTIVE
DATE.
RESOLUTION NO. R-92-16 - Support for SWIM Program
(Staff Recommendation dated 3/5/92, R-92-16)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SUPPORTING THE SURFACE WATER
IMPROVEMENT AND MANAGEMENT (SWIM) PROGRAM.
RESOLUTION NO. R-92-18 - Support for Shooting
Range on Coraci Property (R-92-18)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE PROPOSED LOCATION
OF A SHOOTING RANGE FACILITY LOCATED ON THE CORACI
RANCH LOCATED IMMEDIATELY WEST OF THE CITY LIMITS;
PROVIDING THE SUPPORT BY THE SEBASTIAN CITY COUNCIL TO
LOCATE THIS RECREATIONAL FACILITY IN THE NORTH
COUNTY.
Treasure Coast Builders Association - Request
Special Events Off-Premise Signs (Staff
Recommendation dated 3/4/92, Kavanagh Letter
dated 3/3/92)
Award Bid for Community Center Flooring - Jerry
Smith Tile of Sebastian - $6,150 (Staff
Recommendation dated 2/24/92, Bid Tabulation)
Waive Bidding Procedure - Copy Machine Purchase -
Mira #5585 - EGP, Inc. - $8,810 (Staff
Recommendation dated 3/3/92)
92.078
92.079
92.080
92.081/
91.003
92.082
92.083
92.084
91.325
10.
11.
12.
13.
Old Police Station Buildings Removal - Waive
Bidding Procedure for Sale or Abandonment of City
Property - Authorize Transfer to Brevard
Correctional Institution (City Manager
Recommendation dated 3/3/92, BCI Letter dated
2/27/92)
Bid Award - Police Station Metal Lockers - Craft
Equipment Co. of Orlando - $3,755 (Staff
Recommendation dated 3/4/92, Bid Tabulation)
Sebastian Junior Women's Club - Request to Plant
Trees (Staff Recommendation dated 3/4/92, Burtrem
Letter dated 2/18/92)
Florida Department of Transportation - Offer to
Compensate City for Replacement Trees - U.S. 1
Median Strip (Staff Recommendation dated 3/5/92,
Webb Letter dated 2/28/92)
Request to Remove Specimen Tree - MGB Homes, Inc.
- One Pine Lot 18, Block 440, SH, Unit 17 (Staff
Recommendation dated 3/5/92, Application)
Request for Community Center - Caldwell Wedding -
3/21/92 - Noon to 6 p.m. - A/B - Permittee James
Caldwell DOB 8/6/25 - Security Paid (Application)
Request for Community Center - Rodriguez Wedding
- 4/25/92 - 3 p.m. to 9 p.m. - A/B, Decorations
and Use of Kitchen Requested - Isabel Herrera
Rodriguez Permittee DOB 11-13-53 - Security Paid
(Application, City Clerk Letter dated 3/2/92)
PRESENTATIONS
MAYOR'S MATTERS
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman Holyk
C. Councilman Powell
D. Councilman Reid
CITY ATTORNEY MATTERS
Report on Elkcam Dam (City Manager Letter dated
3/2/92, Ballard Letter dated 2/15/92, Fallace
Letters dated 2/14/92 and 2/25/92)
4
92.085
92.024
92.044
92.086
14.
15.
16.
CITY MANAGER MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
BOARD OF ADJUSTMENT
Appoint John R. Price and Fred Beuchling as
Alternate Members - Three Year Terms to Expire
3/11/95 (Staff Recommendation dated 3/5/92,
Three Applications, Warrant Checks)
OLD BUSINESS
RESOLUTION NO. R-92-17 - Sebastian Lakes
Agreement (Staff Recommendation dated 3/4/92,
R-92-17, Agreement, Plans Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT
WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA GENERAL
PARTNERSHIP, iN A FORM IDENTICAL TO THE AGREEMENT
ATTACHED TO THIS RESOLUTION AS EXHIBIT "A", WHEREBY
SEBASTIAN LAKES ASSOCIATES WOULD DEDICATE CERTAIN
STREET RIGHTS-OF-WAY TO THE CITY AND PROVIDE FUNDS
NECESSARY TO EFFECT CERTAIN ROAD IMPROVEMENTS IN
EXCHANGE FOR AN 18-MONTH EXTENSION OF THE CONCEPTUAL
DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT KNOWN
AS SEBASTIAN LAKES; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
Golf Course Clubhouse Expansion (Staff
Recommendation dated 3/4/92, Jones "Development
Program" dated 3/3/92, Conceptual Plan Under
Separate Cover)
17. NEW BUSINESS
RESOLUTION NO. R-92-14 - Chessers Gap Final Plat
(Staff Recommendation dated 3/4/92, R-92-14,
Final Plat Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF
CHESSERS GAP SUBDIVISION, PHASE I, CONSISTING OF
15.02 ACRES, MORE OR LESS, LYING IN SECTION 13,
TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO
SIGN THE PLAT AND ANY OTHER SUPPLEMENTAL DOCUMENTS
5
92.009/
91.194
18.
AND AGREEMENTS ON BEHALF OF THE CITY; DIRECTING THE
CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE
CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR
RECORDING; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
ORDINANCE NO. 0-92-09 - Solid Waste Franchise
Agreement with St. Lucie Waste Services
Reading, Set Public Hearing for 3/25/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL
SOLID WASTE COLLECTION FRANCHISE TO ST. LUCIE WASTE
SERVICES, INC.; PROVIDING FOR DEFINITIONS; PROVIDING
FOR A FIXED TERM; PROVIDING FOR MANDATORY SERVICE BY
CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES
TO BE PERFORMED; PROVIDING FOR RESIDENTIAL
COLLECTION; PROVIDING SCHEDULES AND ROUTE
REQUIREMENTS; PROVIDING OTHER PROVISIONS; PROVIDING
FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTING RATES;
PROVIDING FOR FORFEITURE; PROVIDING FOR CONFLICTS;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ATTORNEYS' FEE AND
PROVIDING FOR AN EFFECTIVE DATE.
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
19. 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.)
6
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MARCH 11, 1992 REGULAR COUNCIL MEETING
PUBLIC INPUT ON AGENDA ITEMS
SIGNUP SHEET
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH 11, 1992 - 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.
Vice Mayor Oberbeck called the meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
3. Invocation was given by Reverend Chet Tokar,
Sebastian Christian Church.
4. ROLL CALL
Present:
Absent:
Also Present:
Councilman Peter Holyk
Vice Mayor Frank Oberbeck
Councilman Lonnie Powell
Councilman George Reid
Mayor W.E. Conyers (excused)
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
Finance Director, Mike Hudkins
Golf Course Manager, Jim
DeLarme
Assistant Finance Director, Larry
Napier
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
March 11, 1992
Page Two
92.072
92.063
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-89-59).
None.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Proclamation - Girl Scout Week - March 8 - 14,
1992
Vice Mayor Oberbeck read and presented the
proclamation to Leader Joann Miller and members of
Troop Nos. 260 and 216.
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 Ks asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
A. ORDINANCE NO. 0-92-03 - Police Pension Plan
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE VI OF CHAPTER 2 OF
THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
PERTAINING TO THE POLICE OFFICERS' RETIREMENT SYSTEM;
PROVIDING A DEFINITION OF FULL TIME FOR THE PURPOSES
OF DETERMINING ELIGIBILITY; PROVIDING A NEW
DEFINITION OF MEMBERS' CONTRIBUTIONS; PROVIDING THAT
DISTRIBUTIONS TO EACH MEMBER SHALL NOT COMMENCE LATER
THAN THE MEMBER'S REQUIRED BEGINNING DATE; PROVIDING
REGULATIONS GOVERNING DISTRIBUTIONS UPON THE DEATH OF
A MEMBER; PROVIDING LIMITATIONS WITH RESPECT TO
INCIDENTAL DEATH BENEFITS PAYABLE UNDER THE SYSTEM;
2
Regular City Council Meeting
March 11, 1992
Page Three
PROVIDING LIMITATIONS ON ANNUAL BENEFITS PAYABLE
UNDER THE SYSTEM; CLARIFYING WHAT CONSTITUTES MEMBER
CONTRIBUTIONS UNDER THE SYSTEM; PROVIDING THAT NO
PART OF THE CORPUS OR INCOME OF THE FUND MAINTAINED
UNDER THE SYSTEM MAY BE USED FOR OR DIVERTED TO
PURPOSES OTHER THAN FOR THE EXCLUSIVE BENEFIT OF
MEMBERS AND THEIR BENEFICIARIES; PROVIDING
LIMITATIONS ON BENEFITS PAYABLE UNDER THE SYSTEM ON
EARLY TERMINATION OF THE SYSTEM; PROVIDING FOR THE
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE
CODE OF ORDINANCES OF THE CITY OF SEBASTIAN;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (lst Reading 2/12/92, Advertised
Legal Notices 2/26/92, Public Hearing and Adoption
3/11/92)
The City Attorney read Ordinance No. 0-92-03 by title
only.
Vice Mayor Oberbeck opened the public hearing at 7:06
and being no input, closed it.
MOTION by Holyk/Reid
I move that we adopt Ordinance No. 0-92-03 Police
Pension Plan.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
absent
aye
aye
aye
aye
MOTION CARRIED 4-0 (Conyers absent).
PUBLIC INPUT ON AGENDA ITEMS
Peter Vallone urged support for donation of the old
Police Station buildings to Brevard Correctional
Institute.
Tom Wojciechowski, urged approval for the Golf Course
clubhouse expansion.
Chet Tokar, 111Hinchman Avenue, urged Council to
give others the opportunity to bid on the removal of
the old Police Station buildings.
3
Regular City Council Meeting
March 11, 1992
Page Four
92.073
92.074
92.055
92.075
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.
A. Approval of Minutes - 2/26/92 Regular Meeting
RESOLUTION NO. R-92-13 - Abandonment of Easement
(City Engineer Memo Dated 2/13/92, R-92-13,
Application, Map)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE WEST 6 FEET OF LOT
1, AND THE WEST 6 FEET OF LOT 2, BLOCK 139, UNIT 3,
SEBASTIAN HIGHLANDS ACCORDING TO THE PLAT THEREOF,
RECORDED IN PBI 5-99, 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.
RESOLUTION NO. R-92-16 - Support for SWIM Program
(Staff Recommendation dated 3/5/92, R-92-16)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SUPPORTING THE SURFACE WATER
IMPROVEMENT AND MANAGEMENT (SWIM) PROGRAM.
RESOLUTION NO. R-92-18 - Support for Shooting
Range on Coraci Property (R-92-18)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE PROPOSED LOCATION
OF A SHOOTING RANGE FACILITY LOCATED ON THE CORACI
RANCH LOCATED IMMEDIATELY WEST OF THE CITY LIMITS;
PROVIDING THE SUPPORT BY THE SEBASTIAN CITY COUNCIL TO
LOCATE THIS RECREATIONAL FACILITY IN THE NORTH
COUNTY.
Treasure Coast Builders Association - Request
Special Events Off-Premise Signs (Staff
Recommendation dated 3/4/92, Kavanagh Letter
dated 3/3/92)
4
Regular City Council Meeting
March 11, 1992
Page Five
92.076 F.
92.077 G.
92.078 H.
92.079 I.
92.080 j.
92.081/ K.
91.003
92.082 L.
92.083 M.
92.084 N.
Award Bid for Community Center Flooring - Jerry
Smith Tile of Sebastian - 86,150 (Staff
Recommendation dated 2/24/92, Bid Tabulation)
Waive Bidding Procedure - Copy Machine Purchase -
Mita #5585 - EGP, Inc. - 88,810 (Staff
Recommendation dated 3/3/92)
Old Police Station Buildings Removal - Waive
Bidding Procedure for Sale or Abandonment of City
Property - Authorize Transfer to Brevard
Correctional Institution (City Manager
Recommendation dated 3/3/92, BCI Letter dated
2/27/92)
Bid Award - Police Station Metal Lockers - Craft
Equipment Co. of Orlando - $3,755 (Staff
Recommendation dated 3/4/92, Bid Tabulation)
Sebastian Junior Women's Club - Request to Plant
Trees (Staff Recommendation dated 3/4/92, Burtrem
Letter dated 2/18/92)
Florida Department of Transportation - Offer to
Compensate City for Replacement Trees - U.S. 1
Median Strip (Staff Recommendation dated 3/5/92,
Webb Letter dated 2/28/92)
Request to Remove Specimen Tree - MGB Homes, Inc.
- One Pine Lot 18, Block 440, SH, Unit 17 (Staff
Recommendation dated 3/5/92, Application)
Request for Community Center - Caldwell Wedding -
3/21/92 - Noon to 6 p.m. - A/B - Permittee James
Caldwell DOB 8/6/25 - Security Paid (Application)
Request for Community Center - Rodriguez Wedding
- 4/25/92 - 3 p.m. to 9 p.m. - A/B, Decorations
and Use of Kitchen Requested - Isabel Herrera
Rodriguez Permittee DOB 11-13-53 - Security Paid
(Application, City Clerk Letter dated 3/2/92)
The City Manager read the consent agenda in its
entirety.
Councilman Holyk removed items B and H.
Regular City Council Meeting
March 11, 1992
Page Six
Vice Mayor Oberbeck removed items F, G, J and N.
MOTION by Holyk/Powell
i move to approve items A, C, D, E, I, K, L and
M.
VOICE VOTE on the motion carried 4-0. (Conyers absent)
Item B
Councilman Holyk noted a typo in the legal
description in R-92-13, changing "Unit 139" to "Unit
MOTION by Holyk/Reid
I would move that item B Resolution No. R-92-13
be passed with that correction in it.
Vice Mayor Oberbeck inquired as to whether there was
a unity of title on the property. The Director of
Community Development said there will be one.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
aye
aye
aye
aye
absent
MOTION CARRIED 4-0 (Conyers absent).
Item H
The City Attorney and City Manager responded to
concerns expressed by Councilman Holyk relative to
proper procedures.
MOTION by Holyk/Oberbeck
I would move that item H of the consent agenda
"Old Police Station Building Removal and Waive Bidding
Procedure for Sale or Abandonment of City Property
and Authorize the Transfer to Brevard Correctional
Institution" be passed as written.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
absent
aye
MOTION CARRIED 4-0 (Conyers absent).
6
Regular City Council Meeting
March 11, 1992
Page Seven
The City Manager was excused during this portion of
the meeting.
Item F
The Assistant Finance Director addressed Council at
the request of Vice Mayor Oberbeck with a
recommendation to repair the floor at the Community
Center rather than replace it at a cost of
approximately $400 to $500. Council concurred.
MOTION by Oberbeck/Holyk
I would make the motion that we remove item F
from the consent agenda.
Councilman Powell requested that staff look at the
P.A. system in the Community Center.
ROLL CALL:
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
absent
aye
aye
MOTION CARRIED 4-0 (Conyers absent).
Item G
The Assistant Finance Director explained the
placement of the copy machines in question initiated
by a need for a copy machine by the Police
Department.
MOTION by Oberbeck/Holyk
I'd move to put that item back on the agenda and
I'd move to approve it.
(Waive Bidding Procedure - Copy Machine Purchase -
Mita #5585 - EGP, Inc. - $8,810)
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
aye
absent
aye
aye
aye
MOTION CARRIED 4-0 (Conyers absent).
7
Regular City Council Meeting
March 11, 1992
Page Eight
10.
11.
12.
Item J
Vice Mayor Oberbeck commended the Sebastian Junior
Women's Club for their contribution.
MOTION by Oberbeck/Holyk
I would move that we approve it.
(Sebastian Junior Women's Club - Request to Plant
Trees)
VOICE VOTE on the motion carried 4-0 (Conyers absent)
Item N
Vice Mayor Oberbeck requested a check of the rental
figures for Rodriguez.
MOTION by Oberbeck/Holyk
I'd move to approve item N.
(Request for Community Center - Rodriguez Wedding -
4/25/92 - 3 p.m. to 9 p.m. - A/B, Decorations and Use
of Kitchen Requested - Isabel Herrera Rodriguez
Permittee DOB 11-13-53 - Security Paid)
VOICE VOTE on the motion carried 4-0 (Conyers absent)
PRESENTATIONS
None.
MAYOR'S MATTERS
Absent.
COUNCIL MATTERS
A. Vice Mayor Oberbeck
None.
B. Councilman Holy~
Councilman Holyk recommended that the city go forward
with establishing regulations for the riverfront area
before it is too late and clarified his sense of
responsibility to residents to express his support
for certain candidates.
8
Regular City Council Meeting
March 11, 1992
Page Nine
91.325
13.
C. Councilman Powell
Councilman Powell inquired as to whether the city is
complying with safety regulations. The Director of
Community Development said he'd relay the message to
the City Manager.
TAPE I - SIDE II
Councilman Powell inquired as to placement of
reflectors at the intersection of Easy and Lake.
D. Councilman Reid
Councilman Reid recommended staff look into the
duck problem in the vicinity of the Swim Lake.
CITY ATTORNEY MATTERS
Vice Mayor Oberbeck inquired as to the status of the
EEOC complaint filed by an employee. The City
Attorney responded that the EEOC complaint is being
handled by the City's labor counsel and that it was
not probable that the city could recover costs for
attorney fees in the event the person is unsuccessful
in the complaint.
Report o__n Elkcam Dam (City Manager Letter dated
3/2/92, Ballard Letter dated 2/15/92, Fallace
Letters dated 2/14/92 and 2/25/92)
The City Attorney gave an update on the Elkcam
Waterway Dam situation.
14. CITY MANAGER MATTERS
The City Manager returned at this time and responded
to Councilman Powell's question relative to Easy and
Lake, reporting the work order has been filed.
Vice Mayor Oberbeck reiterated Councilman Reid's
suggestion regarding the Swim Lake.
Vice Mayor Oberbeck called recess at 7:55 p.m. and
reconvened the meeting at 8:11 p.m. Ail members
were present.
Regular City Council Meeting
March 11, 1992
Page Ten
15.
COMMITTEE REPORTS/RECOMMENDATIONS
BOARD OF ADJUSTMENT
92.085 A.
16.
92.024
Appoint John R. Price and Fred Beuchling as
Alternate Members_- Three Year Terms to Expire
3/11/95 (Staff Recommendation dated 3/5/92,
Three Applications, Warrant Checks)
The Director of Community Development responded to
Vice Mayor Oberbeck's question relative to selection
procedures and a brief discussion ensued.
MOTION by Holyk/Powell
I would move to appoint John Price and Fred
Beuchling as alternate members for three year terms
to expire 3/11/95 to the Board of Adjustment.
VOICE VOTE on the motion carried 4-0 (Conyers absent)
OLD BUSINESS
RESOLUTION NO. R-92-17 - Sebastian Lakes
Agreement (Staff Recommendation dated 3/4/92,
R-92-17, Agreement, Plans Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT
WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA GENERAL
PARTNERSHIP, IN A FORM iDENTICAL TO THE AGREEMENT
ATTACHED TO THIS RESOLUTION AS EXHIBIT "A", WHEREBY
SEBASTIAN LAKES ASSOCIATES WOULD DEDICATE CERTAIN
STREET RIGHTS-OF-WAY TO THE CITY AND PROVIDE FUNDS
NECESSARY TO EFFECT CERTAIN ROAD IMPROVEMENTS IN
EXCHANGE FOR AN 18-MONTH EXTENSION OF THE CONCEPTUAL
DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT KNOWN
AS SEBASTIAN LAKES; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
The City Manager read Resolution No. R-92-17 by title
only and commended the Director of Community
Development for the manner in which he handled
negotiations.
10
Regular City Council Meeting
March 11, 1992
Page Eleven
92.044
The Director of Community Development noted two minor
corrections in the agreement and stated the agreement
is with the bank and will be submitted to the City
the first of next week.
Vice Mayor Oberbeck suggested the City look at
placement of a walkway or bikepath adjacent to the
library.
MOTION by Holyk/Powell
I would move for adoption of R-92-17 Sebastian
Lakes agreement.
VOICE VOTE on the motion carried 4-0 (Conyers absent)
Golf Course Clubhouse Expansion (Staff
Recommendation dated 3/4/92, Jones "Development
Program" dated 3/3/92, Conceptual Plan Under
Separate Cover)
The City Manager presented the request for expansion
of the Golf Course clubhouse.
TAPE II - SIDE I
Peter Jones gave an overview of the conceptual plan.
Discussion ensued relative to the effect of the
proposed expansion on the restaurant lease and as to
the source of additional funds needed should costs
exceed the Golf Course bond refunding proceeds as
predicted.
The City Manager said the next step in this
procedure, in accordance with state law, is the hiring
of an architect, however, it was the consensus of
Council to direct the City Manager to'bring back
additional financing information. He said he would
report at the March 25, 1992 regular meeting.
11
Regular City Council Meeting
March 11, 1992
Page Twelve
17. NEW BUSINESS
92.086 A.
RESOLUTION NO. R-92-14 - Chessers Gap Final Plat
(Staff Recommendation dated 3/4/92, R-92-14,
Final Plat Under Separate Cover)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF
CHESSERS GAP SUBDIVISION, PHASE I, CONSISTING OF
15.02 ACRES, MORE OR LESS, LYING IN SECTION 13,
TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA; DIRECTING THE MAYOR TO
SIGN THE PLAT AND ANY OTHER SUPPLEMENTAL DOCUMENTS
AND AGREEMENTS ON BEHALF OF THE CITY; DIRECTING THE
CITY CLERK TO PRESENT THE PLAT TO THE CLERK OF THE
CIRCUIT COURT FOR INDIAN RIVER COUNTY, FLORIDA, FOR
RECORDING; 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-92-14 by
title only.
MOTION by Holyk/Powell
I would move for acceptance of Resolution No. R-
92-14 Chessers Gap final plat.
92.009/
91.194
VOICE VOTE on the motion carried 4-0 (Conyers absent)
B. ORDINANCE NO. 0-92-09 - Solid Waste Franchise
Agreement with St. Lucte Waste Services
1st Reading, Set Public Hearing for 3/25/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL
SOLID WASTE COLLECTION FRANCHISE TO ST. LUCIE WASTE
SERVICES, INC.; PROVIDING FOR DEFINITIONS; PROVIDING
FOR A FIXED TERM; PROVIDING FOR MANDATORY SERVICE BY
CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES
TO BE PERFORMED; PROVIDING FOR RESIDENTIAL
COLLECTION; PROVIDING SCHEDULES AND ROUTE
REQUIREMENTS; PROVIDING OTHER PROVISIONS; PROVIDING
FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTING RATES;
PROVIDING FOR FORFEITURE; PROVIDING FOR CONFLICTS;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILiTY; PROVIDING FOR ATTORNEYS' FEE AND
PROVIDING FOR AN EFFECTIVE DATE.
12
Regular City Council Meeting
March 11, 1992
Page Thirteen
18.
19.
The City Attorney read Ordinance No. 0-92-09 by title
only.
Pete Jones, St. Lucie Waste Services, responded to
questions addressed to him by Council.
In response to Councilman Powell, the Finance
Director said he had received a satisfactory response
to a phone survey and had reported to Council at its
direction. He submitted a copy of the report to
Councilman Powell. (see attached)
MOTION by Holyk/Reid
I would move that we accept the first reading of
Ordinance NO. 0-92-09 regarding solid waste franchise
agreement with St. Lucie Waste Services and set
public hearing for 3/25/92.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
absent
aye
aye
aye
aye
MOTION CARRIED 4-0 (Conyers absent).
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
Councilman Reid stated that Mr. and Mrs. Olberman
were in attendance and could respond to any questions
in regard to the proposed shooting range.
Being no further business, Vice Mayor Oberbeck
ad3ourned the meeting at 9:27 p.m.
Kathry~ M. O'Halloran, City Clerk
13
UPDATE LETTER
Exclusive Trash Hauling Franchise
The following information is presented for your review and to apprise you
of the status of the Franchise:
1)
I have carefully reviewed the articles submitted by Harris Sanitation,
Inc. to the Vice Mayor. It should be noted that both Longwood and
Oveido are not serviced by St. Lucie Waste Services, Inc., but
instead serviced by other subsidiary management teams to the
Attwoods Co. The Longwood article seemed to generally support an
$.89 increase in monthly fees in order to double the number of trash
pickups per week. The article, in fact, quoted the City
Administrator as "At the present collection fee of only $10.85 per
month per household we have one of the lowest cost garbage pickups
in the area; several dollars a month less than the amount charged by
the County". Commissioner Pearl was quoted "As much as I don't
like it, $.89 is in line..." and Commissioner Perry noted that other
cities are increasing rates as a result of the new yard waste
separation law that went into effect January 1, 1992. "I don't think
$.89 is excessive" Perry said. The article concerning the City of
Oveido addresses state imposed recycling. IWS proposed a rate
increase to cover costs of increased services or, in the alternative,
would hold their fee to the existing costs, provide the added services
in exchange for the City to extend the life of the contract.
2)
Finance has called several residential customers of St. Lucie Waste
Services, Inc. on a random basis, and to the customer all described
the level of service as adequate, and in some circumstances
exemplary. The Finance Director has personally called the City
Manager of Port St. Lucie and received a very favorable reference
from Port St. Lucie with the caveat "St. Lucie Waste people are
good businessmen and drive a hard bargain", although said that
statement was not meant in a derogatory manner.
Recent articles given me by the Vice Mayor indicate Sebastian has
effected rates less than one third of the surrounding areas. Most of
the concerns address mandatory recycling which will be offered soon
by the Indian River county, however our rates are still far less than
half of those described in the news articles even discounting
recycling done "out of house".
3) Our timetable appears adequate for St. Lucie Waste Services, Inc. to
begin trash pickup as of April 1, 1992 in time to effect an orderly
changeover of service providers. Both Treasure Coast Refuse and
Harris Sanitation have graciously agreed to cooperate with the City
and the new franchisee to assist the Sebastian Consumer in this
changeover.
Michael L. Hudkins, CPA
Finance Director