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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.