HomeMy WebLinkAbout05031989City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
MINUTES
SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
WEDNESDAY, MAY 3, 1989 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
LISTED BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Mayor Votapka called the meeting to order at 7:00
p.m.
Finance Director, Carol Carswell, led the Pledge of
Allegiance.
3. ROLL CALL
Present:
Vice Mayor Robert McCarthy
Councilman Lloyd Rondeau
Councilman Frank Oberbeck
Councilman Robert McCollum
Mayor Richard Votapka
Also Present:
City Manager, Robert McClary
Asst. City Attorney, Paul Kreuzkamp
Director of Community Development,
Bruce Cooper
Finance Director, Carol Carswell
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
None.
89.077
89.072
ANNOUNCEMENTS
Vice Mayor McCarthy announced that the May 9, 1989,
Indian River County Transportation Planning Committee
meeting was cancelled.
Councilman Oberbeck announced that the Just Say No to
Drugs Parade would be held on May 13, 1989.
PUBLIC INPUT
Mayor Votapka opened public input at 7:03 p.m.
A. Wayne Folkerth - Discuss Falcon Cable
Wayne Folkerth, 331 Columbus Street, expressed
dissatisfaction with Falcon Cable regarding product
quality and pricing. The City Manager said he would
contact Falcon Cable regarding this matter.
B. Other Matters
Harry Thompson, Craft Club, and Marion Searfoss, Art
Club, said they would be willing to answer questions
during item 89.058 City Park Use.
Mayor Votapka closed public input at 7:23 p.m.
7. WORKSHOP ITEMS
Discuss Agreement Concerning Solid Waste
Management Act of 1988 (Recycling Program to
Reduce Solid Waste) - (Staff Recommendation -
4/27/89) - Terry Pinto, Indian River
County Utilities Director
Terry Pinto, County Utilities Director, presented the
County's request for an interlocal agreement to
obtain grant funds for a solid waste recycling
program.
Following a brief discussion, the City Attorney was
instructed to draft a resolution to adopt the
agreement and the resolution was placed on the May
10, 1989 Consent Agenda.
4th of July Committee (Memo from City Manager
date'S' 4/28/89)
Following a brief explanation from the City Manager
regarding his memo dated April 28, 1989, formal
appointment of the 4th of July Committee by City
Council was placed on the May 10, 1989 Consent
Agenda. (memo attached)
89.058
89.042
In addition, the City Manager said there will be an
agenda item for May 10, 1989, requesting use of
Riverview Park and Indian River Drive on July 4,
1989, by the Committee.
Discuss ~ Park Use Including Vendors &
Solicitors i~n City Parks and Other Public Places
(deferred from 4/12/89) (Letter from City
Attorney dated 4/26/89)
Council concurred with the City Manager's
recommendation to prohibit street vending, prohibit
the sale of goods in Schumann Park, Hardee Park and
the park on Easy Street, prohibit the sale of goods
except through contract to a concessionaire for
Barber Street Sports Complex and establish a
permitting system for Riverview Park with restrictive
conditions regarding sanitation, prohibition of
vehicles from the grounds, reservation, and area of
the park to be used.
The City Manager was instructed to work with the City
Attorney to draft an ordinance for review by Council
at a future workshop.
Vice Mayor McCarthy noted that an area of the
sidewalk on the west end of Riverview Park was
collapsing. The City Manager said he would have it
inspected and discussion took place on landscaping
the Clivus Multrum area.
Marion Searfoss gave the City Clerk a copy of the Art
Club's rules.
Mayor Votapka called recess at 8:20 p.m. and
reconvened the meeting at 8:35 p.m. Ail members
present at recess were present at recall.
Discuss Public Input Policy (deferred from
3/22/89)
The City Manager expressed concern for the City
Council not allowing itself sufficient time for its
deliberation on agenda items due to public debate
previously allowed by Council. Discussion followed
on policy to be established regarding public input.
MOTION by Oberbeck/McCarthy
I move we approve item #2 of the Mayor's
recommendation in his memo dated March 22, 1989, with
the deletion of "agenda" and addition of "which are
submitted to the City Staff or City Clerk six days
prior to a scheduled meeting".
3
89.012
89.078
88.119
ROLL CALL:
Vice Mayor McCarthy - aye
Councilman McCollum - nay
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - nay
MOTION CARRIED 3-2 (McCollum, Votapka - nay)
Policy was established for the remaining items, by
Council consensus, by amending the Mayor's
recommendation dated March 22, 1989 and the City
Attorney was instructed to draft a resolution for a
future date (although for no time certain).
(Public policy as amended is attached)
Vice Mayor McCarthy was excused from the meeting from
9:39 p.m. to 9:42 p.m.
Discuss Method of Payment for Cit~ ERU's - North
County Waste Water System (Memo from Director of
Community Development dated 4/21/89)
The City Manager recommended that ERU's be paid in
advance, stated that a budget amendment is being
prepared for a future agenda which will accommodate
the payment, Council concurred and staff's
recommendation regarding method of payment was
placed on the May 10, 1989 Consent Agenda.
F. Review Budget Calendar
The City Manager explained the calendar and although
not stated at the meeting, but as stated on the
calendar, approval of the budget calendar will be
placed on the May 10, 1989 Consent Agenda.
Discuss Reconsideration of Resolution No. R-89-13
- City Boards_- Application Procedures (Memo from
City Clerk dated 4/10/89)
The City Clerk advised Council as to the length of
time it is currently taking to do a complete history
check on board applicants by the Police Department
and recommended reducing the application size and
procedures. Councilman Oberbeck requested that the
City Clerk provide Council with board applications
from surrounding municipalities. The City Manager
encouraged Council to modify Resolution No. R-89-13
regarding application procedures.
4
89.014
10.
Discuss Train Whistles (Requested by Councilman
Rondeau and Councilman McCollum)
Discussion took place on the pros and cons of the
prohibition of train whistles between the hours of
10:00 p.m. and 6:00 a.m. The City Manager said he
would investigate train speed limits through the FDOT
Railroad Division and FEC Regional Office in Ft.
Pierce.
Attorney Kreuzkamp said that in order to reconsider
Ordinance No. 0-89-02, which was not adopted due to a
lack of a second to the motion to adopt, the ordinance
would have to be renumbered and readvertised for
public hearing.
MOTION by Oberbeck/Rondeau
I move we renumber Ordinance No. 0-89-02
regarding train whistles and set it for first reading
on May 10, 1989.
ROLL CALL:
Councilman McCollum - aye
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor VotaDka - nay
Vice Mayor McCarthy - nay
MOTION CARRIED 3-2 (Votapka, McCarthy - nay)
8. MAYOR'S MATTERS
None.
9. COUNCIL MATTERS
A. Vice Mayor McCarthy
None.
B. Councilman McCollum
None.
C. Councilman Oberbeck
None.
D. Councilman Rondeau
CITY ATTORNEY MATTERS
None.
5
11.
12.
CITY MANAGER MATTERS
Councilman Oberbeck was excused from 10:17 p.m. to
10:19 p.m.
The City Manager advised that no proposals had been
received from local engineering firms on slurry seal,
restriping and removal of lights on airport runway
4/22 and requested further direction of City Council
on the matter. Discussion followed on putting the
request for proposals in abeyance until after the
meeting with the FAA.
MOTION by Oberbeck/McCollum
I move we extend the meeting ten minutes.
ROLL CALL:
Councilman Oberbeck - aye
Councilman Rondeau - aye
Mayor Votapka - nay
ROLL CALL was suspended and the motion failed at this
time since extension requires unanimous vote.
Mayor Votapka adjourned the meeting at 10:30 p.m.
Approved at the
Kathr~ M. O'Halloran, City Clerk
1989 /k Council Meeting.
Richard B. Votapka, Mayor
6
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
MEMORANDUM
DATE:
TO:
FRCI.I:
RE:
April 28, 1989
Richard B. Votapka, Mayor & Sebastian
City Council
Robert S. McClary (/ ~!~ '
4th of July Committee
On Thursday, April 27, ].989 i found rayself in the unfortmlate
[x>sition as mediator of a dispute within the 4th of July
Committee between Committee Chairman, Wayne Kroegel and five (5)
different committee members. These committee members will no
longer serve on the 4th of July Committee with Mr. Kroegel as
Cl~airman.
The Independence Day C~lebration is barely two (2) months away.
TO date, very little has been done.. Against the advice of
experienced committee members as well as myself, Mr. Kroegel
spent considerable time ovsr the last couple of months attempting
to obtain permission from FDOT to route tho parade on U.S. #1 and
to obtain permission from CAVCOR Property to use the large lot to
the north of Riverview Park. The result was the same as last
year. FDOT would not permit the parade route to be on U.S. ~1
and CAVCOR Corporation would not p~rmit the use of their property
for the 4th of July ce].ebration. Additionally, a controversy
deve].oped when Mr. Kroegel announced that the 4th o,~ July
Committee was to negotiate a contract with Indian River Fireworks
for the fireworks display. Since Mr. Kroegel is the owner of
Indian River Fireworks, I refused to transmit a check
representing the City's donation for fireworks unless one of two
conditions were met. First, the funds %ould be reloased if the
4th of July Committee utilized a sealed bid process which could
include Mr. Kroegel.
Re: 4th of July Committee
Page 92
Second, I would release the funds to the 4th of July Committee if
the Committee wished to negotiate with another Company not owned
by any committee member. Since the success of the 4th of July
Committee depends completely upon its public relations effort, I
recommended to Mr. Kroegel that he not participate in providing
the fireworks. Finally, within the past week, Mr. Kroegel
decided not to submit a bid. I personally believe that Mr.
Kroegel had the best interest of the committee and the 4th of
July event in mind by wishing to provide the fireworks through
his Company, at cost and to no benefit to him. However, the mere
appearance of a conflict of interest has been detrimental to the
effectiveness of the 4th of July Committee.
On April 27, 1989 I attended a 4th of July Committee Meeting and
spent two (2) hours attempting to negotiate a compromise between
Mr. Kroegel and the dissenting committee members. My effort was
to develop a system of Co-chairman whereby the responsibilities
of the committee would be divided into three (3) major sections
with specific assignments. After two (2) hours of attempted
compromise, we reached an impasse.
Wayne Kroegel has served the City of Sebastian for many years as
a member and Chairman of the 4th of July Committee. He assumed
the Chairmanship this year after Mr. Tom Cheatham resigned due to
business conflicts. Mr. Kroegel's service is sincerely
appreciated. The 4th of July Committee consists of volunteers
who serve unselfishly and without any compensation whatsoever so
that our community may celebrate this nation's independence. For
the effort to remain successful, it must continue to be a
volunteer effort. The 4th of July Committee as structured no
longer has the time or luxury of disputes between its members.
Therefore, after careful consideration, I have replaced Wayne
Kroegel and appointed the following Committee:
Marilyn Waldis - Co-chairman
Vince Falco - Co-chairman
Leroy Hires - Parade Chairman
Linda Swink - Entertainment Chairman
Tammy Cummings - Recording Secretary
Jo Kelley - Publicity Chairman
Florence Phelan - Man and Woman of the Year Award
Re: 4th of July Committee
Page ~3
Additionally, I have appointed the following i~diVi'.duals' ~~'
serve as City liaisons representing their respective departments:
Carol Carswell - Director of Finance
Jerry Thomas - Public Works
Earle J. Petty ( or designee) - Police Department
I regret having to take this action. However, given the lack of
committee progress, the wide division between a majority of the
committee and its Chairman and the inability of the committee to
reach a compromise, I was left with no alternative but to take
this action, i am asking this new committee to serve under my
authority until they may be confirmed by the Sebastian City
Council at its meeting of May 10, 1989.
/jmt
CITY OF SEBASTIAN
PUBLIC INPUT POLICY
As amended by City Council - 5/3/89
1)
Maintain the public input section of the meeting as we have
been doing at the workshop and both regular meetings each
month. Public input at special meetings will be provided by
the call.
2)
Individuals may address non agenda items which are submitted
to the City staff or City Clerk six days prior to a
scheduled meeting. (Approved by motion)
(There was discussion regarding an individual contacting a
Councilman to add an emergency item to the agenda after the
six day deadline, so that a Councilman may add the item to
the agenda under Agenda Modifications - the Mayor requested
that this language be added to the resolution on policy)
3)
An individual wishing to address the Council in regard to an
item on the agenda may be granted the permission by the
Chair to address the item 3ust prior to Council deliberation
if the individual specifically requests to do so.
(Attorney Kreuzkamp said this could be added to the form to
check off either public input or during the agenda item -
City Clerk will obtain Melbourne's sign up sheet)
4)
Individuals will not be granted permission to debate the
Council once Council has begun its deliberations on an item
and public input has been cogcluded. This would not
preclude the Mayor and City Council from recalling an
individual to provide further information or answer
questions.
5)
Individuals wishing to address the Council during the public
input section are encouraged to make an appointment with the
City Manager to have their item placed on the written
agenda. Individuals will still be able to address the
Council on agenda items the day of the meeting by signing
the sign up sheets available to the public in the Council
Chambers and City Clerk's office prior to the start of the
Council meeting. Individuals shall be taken in order that
they have signed on a first come, first served basis with a
time limit not to exceed ten minutes. The chair reserves
the right to expand or limit as time permits.
6)
City Clerk shall pick up sign up sheets prior to
commencement of the meeting. Public input will be limited
to only those individuals who have signed the sign up sheet.
Ail public input shall be addressed to the chair
exclusively.