HomeMy WebLinkAbout04221992 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
92.113
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, APRIL 22, 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
3. INVOCATION - Reverend Tom Kempf, Riverside Church
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
(Resolution No. R-Sg-59).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Presentation of Plaque to Former Mayor W.E.
Conyers
7. PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
Ma~or Opens Hearing
Attorney Reads Ordinance Or Resolution
* Staff Presentation
Public Input
Staff Summation
Mayor Closes Hearing
* Council Action
92.114/
92.111
92.104
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-92-23 - Repealing Indian River
County Water and Sewer Utility Franchise -
Approving Interlocal Utilities Agreement (City
Manager Recommendation dated 4/15/92, Proposed
Interlocal Utilities Agreement, Exhibits On File
in City Hall)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, INDIAN RIVER COUNTY,
REPEALING RESOLUTION NOS. R-87-6, R-87-7, AND R-90-
55; REPEALING THE INDIAN RIVER COUNTY WATER AND
SEWER FRANCHISE; PROVIDING FOR THE APPROVAL OF AN
INTERLOCAL UTILITIES AGREEMENT BETWEEN INDIAN RIVER
COUNTY, FLORIDA AND THE CITY OF SEBASTIAN,
FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (Advertised 4/15/92, Public Hearing
and Adoption)
B. ORDINANCE NO. O-91-20 - Security Alarms
AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A NEW CHAPTER 31 OF THE
CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
PERTAINING TO THE REGULATION OF ALARMS AND ALARM
SYSTEMS WITHIN THE CITY OF SEBASTIAN, FLORIDA;
PROVIDING PURPOSE AND SCOPE; PROVIDING DEFINITIONS;
REGULATING AUTHORITY TO INSTALL AND MAINTAIN ALARM
SYSTEMS; PROVIDING REGULATIONS GOVERNING ALARM
BUSINESSES AND ALARM USERS; PROHIBITING AUTOMATIC
DIALING DEVICES; REQUIRING AUTOMATIC DEACTIVATION OF
ALARMS; PROVIDING REGULATIONS GOVERNING FALSE ALARMS;
AUTHORIZING ALARM MONITORING BY THE CITY; PROVIDING
FOR ALARM USER PERMITS; PROVIDING FOR REMEDIES AND
PENALTIES; PROVIDING FOR APPEAL OF PENALTIES;
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 Draft Addressed 12/4/92,
1st Reading 3/25/92, Advertised 4/8/92, Public
Hearing and Adoption 4/22/92)
2
92.105 C. ORDINANCE NO. 0-92-05 - Sites and Structures
92.115
92.116
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE APPEARANCE OF
SITES AND STRUCTURES; AMENDING SECTION 20A-10.2B OF
THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN;
PROVIDING CRITERIA FOR EVALUATING THE APPEARANCE OF
SITES AND STRUCTURES; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. (lst Reading 3/25/92, Advertised 4/8/92, Public
Hearing and Adoption 4/22/92)
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.
Approval of Minutes - March 25, 1992 Regular
Meeting, April 1, 1992 Workshop
B. RESOLUTION NO. R-92-22 - Amtrak Service
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA SUPPORTING THE CONCEPT OF AMTRAK
SERVICE FROM JACKSONVILLE TO MIAMI ALONG THE FLORIDA
EAST COAST RAILWAY CORRIDOR; PROVIDING FOR AN
EFFECTIVE DATE.
RESOLUTION NO. R-92-24 - Fraternal Order of
Police Union Contract Amendment (City Manager
Recommendation dated 4/8/92, R-92-24, Contract
Amendments, Render Memo dated 4/8/92)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RATIFYING AMENDMENTS TO THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF
SEBASTIAN AND THE FLORIDA STATE LODGE, FRATERNAL
ORDER OF POLICE FOR THE PERIOD FROM APRIL 1, 1992
THROUGH AND INCLUDING SEPTEMBER 30, 1992; PROVIDING
AN EFFECTIVE DATE.
3
92.112
92.117
92.118/
92.111
92.119/
92.111
92.120/
91.221
RESOLUTION NO. R-92-25 - Increase in Expenditure
Threshold Requiring Purchase Orders to $250 -
Increase Capitalization Level to $500
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE STANDARD OPERATING
PROCEDURES FOR PERSONNEL ADMINISTRATION BY RAISING
THE EXPENDITURE THRESHOLD REQUIRING PURCHASE ORDERS
FROM SlO0 TO $250 AND RAISING THE CAPITALIZATION
EXPENDITURE LEVEL FROM $100 TO $500; PROVIDING FOR AN
EFFECTIVE DATE.
RESOLUTION NO. R-92-26 - Vacation of Easement
(R-92-26, City Engineer Memo dated 4/7/92,
Application, Survey, Authorization to Burgoon-
Berger)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE SOUTH (SIDE YARD) 6
FEET OF LOT 2, AND THE NORTH (SIDE YARD) 6 FEET OF
LOT 3, BLOCK 203, UNIT 8, SEBASTIAN HIGHLANDS
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-14,
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.
Engage Gray, Harris & Robinson Pursuant to
Proposal Letter dated 2/12/92 and Approve Letter
of Engagement with Hartman and Associates dated
1/27/92 for Preparation of Section 180.301 F.S.
Hearing for Acquisition of GDU Facilities (City
Manager Recommendation dated 4/8/92, Cloud Letter
dated 2/12/92, Hartman Letter dated 1/27/92,
Section 180.301FS)
RESOLUTION NO. R-92-10 - Re: Water & Sewer -
City's Intent to Reimburse Certain Expenditures
with Proceeds of Tax Exempt Bonds (City Manager
Recommendation dated 4/15/92)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ANNOUNCING THAT THE CITY INTENDS TO
REIMBURSE CERTAIN EXPENDITURES WITH THE PROCEEDS OF
TAX EXEMPT BONDS; AND PROVIDING AN EFFECTIVE DATE.
Authorize and Direct City Manager to Appoint and
Employ Utilities Director and Clerical Assistant
II for Utilities Department (City Manager
Recommendation dated 4/15/92)
92.121
92.122
92.123
92.124
92.125
92.126
92.127
92.128
92.129
92.130
Bid Award - Street and Airport Striping - Gene's
Striping - $20,181 (Staff Recommendation dated
4/2/92, Bid Tabulation Form)
Contract Award - Cemetery Mower - Goodknight
Equipment of Veto Beach - Waive Normal Bidding
Procedure to Accept GSA Contract Price -
$5,424 (Staff Recommendation dated 4/14/92, City
Engineer Memo dated 4/7/92, Cemetery Sexton Memo
dated 4/3/92, Vehicle Maintenance Foreman Memo
dated 3/24/92)
Bid Award - Golf Course Driving Range Fence -
Wood 'N Nichols of Sebastian - $7,500 (Staff
Recommendation dated 4/15/92, Bid Tabulation Form)
Bid Award - Cross Street Construction - Henry
Fischer & Sons, Inc. of Sebastian - $8,450.98
(Staff Recommendation dated 4/14/92, Bid
Tabulation Form)
Modify Golf Cart Replacement Program - Authorize
Purchase of Thirty-Six 1992 Club Car Golf Carts -
$73,800 (Staff Recommendation dated 4/16/92,
Pro/Manager Memo dated 4/3/92, Club Car Memo
dated 3/16/92)
Police Retirement Trustee Appointment - Chief of
Police Earle L. Petty, Jr. - Two Year Term to
Expire 10/25/93 (Board Recommendation dated
4/16/92, Gore Letter dated 4/13/92, City Clerk
Memo dated 3/24/92)
Paradise Homes - Request to Remove Specimen Tree
- One Pine - Lot 13, Block 280, Unit 10,
Sebastian Highlands (Staff Recommendation dated
4/8/92, Application, Survey)
Holiday Builders, Inc. - Request to Remove
Specimen Tree - One Oak - Lot 4, Block 128, Unit
4, Sebastian Highlands (Staff Recommendation
dated 3/25/92, Application, Survey)
Burgoon-Berger Construction Corp. - Request to
Remove Specimen Tree - One Pine - Lot 22, Block
297, Unit 11, Sebastian Highlands (Staff
Recommendation dated 4/10/92, Application,
Survey)
Jack Regan - Request to Remove Specimen Tree
- One Oak - Lot 15, Block 72, Unit 2,
Sebastian Highlands (Staff Recommendation dated
4/8/92, Application, Survey)
92.131
92.132
92.133
92.134
92.135
92.136
92.137
92.138
10.
11.
12.
13.
S. Sebastian Area Civic Association Request for
Waiver of Rental Fee - Yacht Club - 5/1/92 -
Scholarship Presentations (City Clerk
Recommendation dated 4/7/92, Phelan Letter dated
4/3/92)
T. Request for Yacht Club - Capuano Wedding -
4/25/92 - 5:00 p.m. to 9:00 p.m. - A/B - Mike
Capuano Permittee - DOB 2/20/34 - Security Paid
(Application)
U. Request to Utilize Riverview Park - Damian
Gilliams - Political Rally and Fund Raiser for
Greg Golien - 5/2/92 (Staff Recommendation dated
4/16/92, Gilliams Letter dated 4/16/92)
PRESENTATIONS
A. "Visions For The Future" - Alan Campbell
(Campbell Letter dated 4/22/92 w/ Backup)
MAYOR AND CITY COUNCIL MATTERS
A. Dr. Peter R. Holyk
1. City Manager Compensation Package (No Backup)
B. Mr. George G. Reid
2. City Manager Salary (Reid Memo dated 4/13/92)
C. Mayor Lonnie R. Powell
D. Mr. Frank Oberbeck
E. Mrs. Carolyn Corum
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
A. Management Salary Survey (Finance Director Memo
dated 4/15/92 [Salary Survey Under Separate
Cover])
B. Department Head Performance Review (City Manager
Memo dated 4/16/92)
92.139
92.140/
91.286
92.141
14. COMMITTEE REPORTS/RECOMMENDATiONS
A. BOARD OF ADJUSTMENT
Recommendation to Move Alternate Fred
Buechling to Full-Time Position Vacated by
Regular Member Mary Heinicke - Three Year
Term to Expire 4/10/95 (Staff Recommendation
dated 4/16/92, Buechling Application)
15. OLD BUSINESS
16.
17.
Yacht Club Docks - Approve Proposed Improvements
(City Manager Recommendation dated 4/9/92, City
Engineer Letter dated 3/18/92, Davis Letter
4/6/92)
NEW BUSINESS
Fourth of July Committee - Approve Request for
Rental Fee and Security Deposit Waiver for Use of
Community Center on 4/21/92, 5/19/92, 6/16/92 and
7/2/92 at 7:00 p.m. (City Clerk Recommendation
dated 4/16/92, Malek Letter dated 4/11/92, Prior
Council Action)
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)
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.)
7
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, APRIL 22, 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. Mayor Powell called the meeting to order at 7:00 p.m.
2. The Pledge of Allegiance was recited.
3. Invocation was given by Reverend Tom Kempf, Riverside
Church.
4. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Dr. Peter Holyk
Mr. George Reid
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Assistant Finance Director, Larry Napier
Chief of Police, Earle Petty
Golf Course Manager, Jim DeLarme
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
April 22, 1992
Page Two
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
92.113
Presentation of Plaque to Former Mayor W.E.
Conyers
Former Mayor Conyers was not in attendance.
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
92.114/
92.111
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-92-23 - Repealing Indian River
County Water and Sewer Utility Franchise -
Approving Interlocal Utilities Agreement (City
Manager Recommendation dated 4/15/92, Proposed
Interlocal Utilities Agreement, Exhibits On File
in City Hall)
A RESOLUTION OF THE CiTY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, iNDIAN RIVER COUNTY,
REPEALING RESOLUTION NOS. R-87-6, R-87-7, AND R-90-
55; REPEALING THE INDIAN RIVER COUNTY WATER AND
SEWER FRANCHISE; PROVIDING FOR THE APPROVAL OF AN
iNTERLOCAL UTILITIES AGREEMENT BETWEEN INDIAN RIVER
COUNTY, FLORIDA AND THE CITY OF SEBASTIAN,
FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (Advertised 4/15/92, Public Hearing
and Adoption)
Regular City Council Meeting
April 22, 1992
Page Three
The City Attorney read Resolution No. R-92-23 by
title only.
Mayor Powell opened the public hearing at 7:05 p.m.
Steve Pitiak urged adoption.
Tom Collins expressed concerns in regard to city
water and sewer.
Mayor Powell closed the public hearing at 7:12 p.m.
and following input from staff and City Council,
motion was made.
MOTION by Oberbeck/Holyk
I would move to adopt Resolution No. R-92-23
repealing the Indian River County water and sewer
utility franchise.
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 5-0.
92.104
B. ORDINANCE NO. O-91-20 - Security Alarms
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, CREATING A NEW CHAPTER 31 OF THE
CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
PERTAINING TO THE REGULATION OF ALARMS AND ALARM
SYSTEMS WITHIN THE CITY OF SEBASTIAN, FLORIDA;
PROVIDING PURPOSE AND SCOPE; PROVIDING DEFINITIONS;
REGULATING AUTHORITY TO INSTALL AND MAINTAIN ALARM
SYSTEMS; PROVIDING REGULATIONS GOVERNING ALARM
BUSINESSES AND ALARM USERS; PROHIBITING AUTOMATIC
DIALING DEVICES; REQUIRING AUTOMATIC DEACTIVATION OF
ALARMS; PROVIDING REGULATIONS GOVERNING FALSE ALARMS;
AUTHORIZING ALARM MONITORING BY THE CITY; PROVIDING
FOR ALARM USER PERMITS; PROVIDING FOR REMEDIES AND
PENALTIES; PROVIDING FOR APPEAL OF PENALTIES;
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 Draft Addressed 12/4/92,
1st Reading 3/25/92, Advertised 4/8/92, Public
Hearing and Adoption 4/22/92)
3
Regular City Council Meeting
April 22, 1992
Page Four
The City Attorney read Ordinance No. 0-91-20 by title
only.
Mayor Powell opened the public hearing at 7:14 p.m.
Ron Harsh, 550 Bay Harbor Terrace, Sebastian Alarm
Services, urged approval for the ordinance with the
addition of a thirty day grace period.
Mayor Powell closed the public hearing at 7:38 p.m.
The City Manager recommended amending the ordinance
to change references to the "Department of Community
Development" to "City" and to extend the effective
date sixty days after passage.
The City Attorney said these amendments can be
incorporated for adoption.
Mayor Powell noted that 1991 dates and prior Council
names in the ordinance need to be changed.
MOTION by Holyk/Oberbeck
I move to accept Ordinance No. 0-91-20 regarding
security alarms with the addition of changes in Section
31-11, a, b, c and f as we have just finished
discussing and then also the change in Section 5,
makin9 the effective day sixty days after passage.
ROLL CALL:
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck nay
MOTION CARRIED 4-1 (Oberbeck - nay).
4
Regular City Council Meeting
April 22, 1992
Page Five
92.105
C. ORDINANCE NO. 0-92-05 - Sites and Structures
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE APPEARANCE OF
SITES AND STRUCTURES; AMENDING SECTION 20A-10.2B OF
THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN;
PROVIDING CRITERIA FOR EVALUATING THE APPEARANCE OF
SITES AND STRUCTURES; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT CODE OF THE CiTY OF SEBASTIAN; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. (lst Reading 3/25/92, Advertised 4/8/92, Public
Hearing and Adoption 4/22/92)
The City Attorney read Ordinance No. 0-92-05 by title
only.
TAPE I - SIDE II
Mayor Powell opened the public hearing at 7:46 p.m.,
Tom Collins addressed Council and the public hearing
was closed at 7:48 p.m.
MOTION by Oberbeck/Holyk
i would move to approve Ordinance No. 0-92-05
sites and structures.
ROLL CALL:
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
MOTION CARRIED 5-0.
8. PUBLIC INPUT ON AGENDA ITEMS
Norma Damp, 309 Benedictine Terrace, Sebastian, urged
support for the City Manager's salary increase.
Mr. Oberbeck excused from 7:58 p.m. to 8:00 p.m.
5
Regular City Council Meeting
April 22, 1992
Page Six
92.115
92.116
92.112
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 - March 25, 1992 Regular
Meeting, April 1, 1992 Workshop
B. RESOLUTION NO. R-92-22 - Amtrak Service
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA SUPPORTING THE CONCEPT OF AMTRAK
SERVICE FROM JACKSONVILLE TO MIAMI ALONG THE FLORIDA
EAST COAST RAILWAY CORRIDOR; PROVIDING FOR AN
EFFECTIVE DATE.
RESOLUTION NO. R-92-24 - Fraternal Order of
Police Union Contract Amendment (City Manager
Recommendation dated 4/8/92, R-92-24, Contract
Amendments, Render Memo dated 4/8/92)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RATIFYING AMENDMENTS TO THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF
SEBASTIAN AND THE FLORIDA STATE LODGE, FRATERNAL
ORDER OF POLICE FOR THE PERIOD FROM APRIL 1, 1992
THROUGH AND INCLUDING SEPTEMBER 30, 1992; PROVIDING
AN EFFECTIVE DATE.
RESOLUTION NO. R-92-25 - Increase in Expenditure
Threshold Requiring Purchase Orders to $250 -
Increase Capitalization Level to $500
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE STANDARD OPERATING
PROCEDURES FOR PERSONNEL ADMINISTRATION BY RAISING
THE EXPENDITURE THRESHOLD REQUIRING PURCHASE ORDERS
FROM $100 TO $250 AND RAISING THE CAPITALIZATION
EXPENDITURE LEVEL FROM $100 TO $500; PROVIDING FOR AN
EFFECTIVE DATE.
6
Regular City Council Meeting
April 22, 1992
Page Seven
92.117 E.
RESOLUTION NO. R-92-26 - Vacation of Easement
(R-92-26, City Engineer Memo dated 4/7/92,
Application, Survey, Authorization to Burgoon-
Berger)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING THE EASEMENT OF THE SOUTH (SIDE YARD) 6
FEET OF LOT 2, AND THE NORTH (SIDE YARD) 6 FEET OF
LOT 3, BLOCK 203, UNIT 8, SEBASTIAN HIGHLANDS
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-14,
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.
92.118/
92.111
Engage Gray, Harris & Robinson Pursuant to
Proposal Letter dated 2/12/92 and Approve Letter
of Engagement with Hartman and Associates dated
1/27/92 for Preparation of Section 180.301F.S.
Hearing for Acquisition of GDU Facilities (City
Manager Recommendation dated 4/8/92, Cloud Letter
dated 2/12/92, Hartman Letter dated 1/27/92,
Section 180.301FS)
92.119/
92.111
RESOLUTION NO. R-92-10 - Re: Water & Sewer -
City's Intent to Reimburse Certain Expenditures
with Proceeds of Tax Exempt Bonds (City Manager
Recommendation dated 4/15/92)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ANNOUNCING THAT THE CITY INTENDS TO
REIMBURSE CERTAIN EXPENDITURES WITH THE PROCEEDS OF
TAX EXEMPT BONDS; AND PROVIDING AN EFFECTIVE DATE.
92.120/
91.221
Authorize and Direct City Manager to Appoint and
Employ Utilities Director and Clerical Assistant
II for Utilities Department (City Manager
Recommendation dated 4/15/92)
92.121
Bid Award - Street and Airport Striping - Gene's
Striping - $20,181 (Staff Recommendation dated
4/2/92, Bid Tabulation Form)
92.122
Contract Award - Cemetery Mower - Goodknight
Equipment of Veto Beach - Waive Normal Bidding
Procedure to Accept GSA Contract Price -
$5,424 (Staff Recommendation dated 4/14/92, City
Engineer Memo dated 4/7/92, Cemetery Sexton Memo
dated 4/3/92, Vehicle Maintenance Foreman Memo
dated 3/24/92)
7
Regular City Council Meeting
April 22, 1992
Page Eight
92.123 K.
Bid Award - Golf Course Driving Range Fence -
Wood 'N Nichols of Sebastian - $7,500 (Staff
Recommendation dated 4/15/92, Bid Tabulation Form)
92.124 L.
Bid Award - Cross Street Construction - Henry
Fischer & Sons, Inc. of Sebastian - $8,450.98
(Staff Recommendation dated 4/14/92, Bid
Tabulation Form)
92.125 M.
Modify Golf Cart Replacement Program - Authorize
Purchase of Thirty-Six 1992 Club Car Golf Carts -
$73,800 (Staff Recommendation dated 4/16/92,
Pro/Manager Memo dated 4/3/92, Club Car Memo
dated 3/16/92)
92.126 N.
Police Retirement Trustee Appointment - Chief of
Police Earle L. Petty, Jr. - Two Year Term to
Expire 10/25/93 (Board Recommendation dated
4/16/92, Gore Letter dated 4/13/92, City Clerk
Memo dated 3/24/92)
92.127 O.
Paradise Homes - Request to Remove Specimen Tree
- One Pine - Lot 13, Block 280, Unit 10,
Sebastian Highlands (Staff Recommendation dated
4/8/92, Application, Survey)
92.128 P.
92.129 Q.
Holiday Builders, Inc. - Request to Remove
Specimen Tree - One Oak - Lot 4, Block 128, Unit
4, Sebastian Highlands (Staff Recommendation
dated 3/25/92, Application, Survey)
Burgoon-Berger Construction Corp. - Request to
Remove Specimen Tree - One Pine - Lot 22, Block
297, Unit 11, Sebastian Highlands (Staff
Recommendation dated 4/10/92, Application,
Survey)
92.130 R.
Jack Regan - Request to Remove Specimen Tree
- One Oak - Lot 15, Block 72, Unit 2,
Sebastian Highlands (Staff Recommendation dated
4/8/92, Application, Survey)
92.131 S.
Sebastian Area Civic Association Request for
Waiver of Rental Fee - Yacht Club - 5/1/92 -
Scholarship Presentations (City Clerk
Recommendation dated 4/7/92, Phelan Letter dated
4/3/92)
8
Regular City Council Meeting
April 22, 1992
Page Nine
92.132 T.
92.133 U.
Request for Yacht Club - Capuano Wedding -
4/25/92 - 5:00 p.m. to 9:00 p.m. - A/B - Mike
Capuano Permittee - DOB 2/20/34 - Security Paid
(Application)
Request to Utilize Riverview Park - Damian
Gilliams - Political Rally and Fund Raiser for
Greg Golien - 5/2/92 (Staff Recommendation dated
4/16/92, Gilliams Letter dated 4/16/92)
The City Manager read the consent agenda in its
entirety.
Mayor Powell removed item U.
MOTION by Oberbeck/Reid
I would move to approve the consent agenda as
presented items A through T.
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
MOTION CARRIED 5-0.
Item U
Discussion ensued relative to use of public parks for
political functions. The City Attorney advised that
this type of use cannot be restricted, however, the
manner in which it is carried out can be regulated.
Damian Gilliams requested that the date be changed to
May 16, 1992.
MOTION by Oberbeck/Holyk
I would move that we request (approve) item U of
consent agenda changing the date of the use to May
2nd with an alternate date of May 16th.
ROLL CALL:
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
MOTION CARRIED 5-0.
9
Regular City Council Meeting
April 22, 1992
Page Ten
92.134
10.
11.
Mr. Holyk noted that the city does not support this
or any other candidate nor detracts from any other
candidate by this approval.
Mayor Powell called recess at 8:17 p.m. and
reconvened the meeting at 8:32 p.m.
(Tape was inadvertently left off when the meeting
reconvened)
PRESENTATIONS
"Visions For The Future" - Alan Campbell
(Campbell Letter dated 4/22/92 w/ Backup)
Peter Jones, 925 Indian River Drive, Sebastian, made
a brief presentation to Council for support for the
Visions program.
MOTION by Holyk/Oberbeck
I move that the City Council support the idea of
Visions for the Future and authorize a $1000 donation
to this cause.
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum nay
Dr. Holyk aye
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 4-1 (Corum - nay).
MAYOR AND CITY COUNCIL MATTERS
A. Dr. Peter R. Holyk
Dr. Holyk discussed the current situation relative to
backfilling at the maintenance compound;
congratulated the Fourth of July Committee and urged
citizen participation; requested input relative to
unbagging yard waste by St. Lucie Waste Services;
inquired as to action taken relative to a letter from
Attorney General Butterworth regarding cable
franchise fees; discussed citizen letters regarding
County official action on CR512 twin pairs and FPL
power lines on Bevan Street; and announced the vigil
service on Memorial Island sponsored by the Sheriff's
Dept.
10
Regular City Council Meeting
April 22, 1992
Page Eleven
92.135
92.136
1. City Manager Compensation Package (No Backup)
Following a lengthy discussion and input from each
Council person relative to the functions of the City
Manager, the salary survey conducted, performance
evaluations submitted and whether the need for
compensation exists, motion was made.
(Tape was turned back on during Mr. Reid's input on
this item and prior to motion)
MOTION by Holyk/Corum
I move that the City Manager's compensation be
increased by $5000 annual.
Further discussion ensued.
ROLL CALL:
Mrs. Corum aye
Dr. Holyk aye
Mr. Reid aye
Mayor Powell nay
Mr. Oberbeck nay
MOTION CARRIED 3-2 (Powell, Oberbeck - nay).
B. Mr. George G. Reid
2. ~ Manager Salary (Reid Memo dated 4/13/92)
This item previously resolved.
TAPE II - SIDE I
Mr. Reid discussed prior opinion relative to the
Airport Manager's position as a fixed base operator
and requested that discussion of this item for future
consideration be placed on the June workshop agenda.
Council concurred.
The City Attorney stated for the record, he was not
attorney during this action on the Airport Manager.
Mr. Oberbeck excused from 9:23 to 9:25 p.m.
C. Mayor Lonnie R. Powell
Mayor Powell inquired as to status of the Community
Center P.A. system; and gave the City Clerk a letter
addressed to Governor Chiles to copy to Chief Petty
and place in city records.
11
Regular City Council Meeting
April 22, 1992
Page Twelve
D. Mr. Frank Oberbeck
Mr. Oberbeck noted that the CR 512 and Barber traffic
light is working; and requested that performance
evaluations for two charter officers be removed from
personnel files.
The City Manager volunteered to remove the
evaluations and said he would review the evaluations
confidentially with the parties in question.
E. Mrs. Carolyn Corum
Mrs. Corum announced that the recycling program has
begun; recommended that Planning and Zoning
Commission meeting audio be televised. The City
Manager said he would inquire.
Mayor Powell excused from 9:42 p.m. to 9:44 p.m.
Mrs. Corum presented a letter addressed to Mayor
Conyers regarding permitting in scrub areas which
never became public record. (see attached - no
agency listed). She said she had requested that the
Director of Community Development look into this and
that an overlay map of scrubJay locations be prepared.
A discussion of former Mayor Conyers' mail procedure
followed. Mayor Powell said his mail would be opened
by the City Clerk and made public record immediately.
Mrs. Corum recommended that workshops be more like
roundtable discussions.
12. CITY ATTORNEY MATTERS
The City Attorney noted that his performance
evaluation incorrectly lists the City of Melbourne
rather than Malabar.
13. CITY MANAGER MATTERS
The City Manager said the Sebastian Inlet Taxing
District will be voting on whether to dredge and mark
an extension to the channel from the existing
intercoastal waterway and that Tom Collins had
requested Council input on the concept. Mrs. Corum
said she was not ready to address this item and no
further discussion ensued.
12
Regular City Council Meeting
April 22, 1992
Page Thirteen
92.137 A.
92.138
14.
92.139
Management Salary Survey (Finance Director Memo
dated 4/15/92 [Salary Survey Under Separate
Cover])
The City Manager gave a brief explanation of the
survey and a brief discussion ensued. In response to
Mrs. Corum the City Manager said minimums and
maximums for department heads should be evaluated at
budget time. Ms. Corum said she had asked the City
Manager to do a survey of starter and ranger
salaries and would present it at a workshop.
Department Head Performance Review (City Manager
Memo dated 4/16/92)
The City Manager said he'd meet with the City Clerk
and Airport Manager and report on any changes.
Louise Cartwright, 785 Bayharbor Terrace, Sebastian,
expressed concern relative to merits of the salary
survey.
COMMITTEE REPORTS/RECOMMENDATIONS
A. BOARD OF ADJUSTMENT
Recommendation to Move Alternate Fred
Buechlin~ t__o Full-Time Position Vacated b_~
Regular Member Mary Heinicke - Three Year
Term to Expire 4/10/95 (Staff Recommendation
dated 4/16/92, Buechling Application)
Following a brief discussion of appointment
procedures and determination that all applications
on file must be reviewed, motion was made.
MOTION by Holyk/Oberbeck
I would move that the recommendation of the Board
of Adjustment regarding alternate Fred Buechling be
delayed until our first regular meeting in May.
VOICE VOTE on the motion carried 5-0.
Other Reports
Mrs. Corum reported on the workshop on Pelican Island
Wildlife Refuge.
13
Regular City Council Meeting
April 22, 1992
Page Fourteen
15. OLD BUSINESS
92.140/ A.
91.286
16.
92.141
Yacht Club Docks - Approve Proposed improvements
(City Manager Recommendation dated 4/9/92, City
Engineer Letter dated 3/18/92, Davis Letter
4/6/92)
The City Manager briefly described the recommended
improvements.
TAPE II - SIDE II
Vice Mayor Oberbeck excused 10:10 p.m. to 10:12 p.m.
MOTION by Holyk/Reid
I would make a motion regarding the Yacht Club
docks and approve the proposed improvements.
ROLL CALL:
Dr. Holyk aye
Mr. ReAd aye
Mayor Powell aye
Mr. Oberbeck absent (excused)
Mrs. Corum aye
MOTION CARRIED 4-0.
NEW BUSINESS
Fourth__of July Committee _- Approve Request for
Rental Fee and Security Deposit Waiver for Use of
Community Center on 4/21/92, 5/19/92, 6/16/92 and
7/2/92 at 7:00 p.m. (City Clerk Recommendation
dated 4/16/92, Malek Letter dated 4/11/92, Prior
Council Action)
MOTION by Holyk/Oberbeck
I would move that we approve the request of the
Fourth of July Committee for waiver of the rental fee
and security deposit for the Community Center on
dates 4/21, 5/19, 6/16, and 7/2 of 1992 at 7:00 p.m.
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk aye
MOTION CARRIED 5-0.
14
Regular City Council Meeting
April 22, 1992
Page Fifteen
17.
INTRODUCTION O~F BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution NO. R-89-30
Limit of Ten Minutes for Each Speaker)
Chet Tokar, 111Hinchman Avenue, Sebastian, urged
Council support for a public swimming pool.
18.
Being no further business, Mayor Powell adjourned the
meeting at 10:14 p.m.
O'Halloran, City Clerk
15
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 c3 FAX (407) 589-5570
~ce/ e ,j
August $, 199:1.
W.E. Conyers, Mayor
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Dear Mayor Cony~rs:
Sebastian contains areas of habitat known as "scrub," which is defined as a sandy area
which supports a dense, but often patchy, layer of woody shrubs, with little or no
grassy groundcover. Typical plants which grow here include sand live oak, myrtle oak,
inopine oak, and Chapman oak, along with saw palmetto, scrub palmetto, scattered
sand pine, and rosemary. This type of habitat may be occupied by Florida scrub jays,
which are federally listed as a threatened species.
The Florida scrub jay is provided protection under the Endangered Species Act of
1973 (Act), as amended (16 U.S.C. 1531-1543), and by regulations promulgated
thereunder (50 CFR Part 17). Section 9 of this federal statute and the implementing
regulations prohibit the "take" of any endangered or threatened species. Take is
defined to mean harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect, or to attempt to engage in any such conduct. Harm and harass are further
defined in the Code of Federal Regulations; harass is deemed as an intentional or
negligent act or omission which creates the likelihood of injury to wildlife by annoying
it to such an extent as to significantly disrupt normal behavioral patterns which
include, but are not limited to, breading, feeding, or sheltering. Harm is further
defined as an act which actually kills or injures wildlife. Therefore, any activity or
omission, including disruption or modification of habitat occupied by scrub jays, which
significantly alters the behavior of the jays or creates the likelihood of injury or death
to the birds, may constitute a violation of Section 9 of the Act.
As a governmental entity which issues permits allowing private landowners to develop
their property, you are responsible for ensuring that activ/ties authorized by the
municipality will not be harmful to the scrub jays or any other listed species. The
prohibitions against take apply to persons, and in 1988 the Act was amended to
broaden the meaning of person to include "... any state, municipality, or political
subdivision of the state."
Although this may appear to be a burden, there is a procedure to resolve conflicts.
Under the Endangered Species Act, there axe two ways private landowners who wish
to develop land containing federally-pro:eared species may legally "take" a threatened
or endangered species. The first is through Section 7 of the Act, which would be
used if any federal permit, authorization, or funding was received to develop the
property. In some cases, this involves a permit for wetland Ell by the U.S. Army
Corps of Engineers; however, there are many other federal permits that may have the
same requirements.
The second alternative is described in Section 10(a) of the Act. in this instance, a
permit authorizing incidental take can be issued by the Service provided the applicant
institutes appropriate conservation measures for habitat maintenance, enhancement,
and protection, coincident with the proposed activity. The conservation measures are
outlined in a Habitat Conservation Plan (HCP), a mandatory component of any
Section 10(a) permit for taking. An HCP must show that 1) the taking is incidental,
2)_impacts to the species will be held to a minimum and unavoidable impacts
mitigated, 3) there must be adequate funding for the plan, 4) the taking will not
jeopardize the continued existence of the species, and 5) other site specific needs that
may develop on a case by case basis.
Our office is interested in working with counties and municipalities to develop HCP's
for the Florida scrub jay. In the event you receive an application for development
within scrub habitat, we suggest you contact this office for further information on how
you or the applicant can obtain a permit to authorize "take" of scrub jays, or how you
may begin the HCP process. If you have any questions, please feel free to call me or
Dawn Zattau of this office for further information. You can reach us at 904-791-
2580. Thank you for your interest in endangered species.
Sincerely yours,
' David J. Wesley
· Eir,~ Sunervis~r
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