HomeMy WebLinkAbout05261993 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNF~DAY, MAY 26, 1993 - 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 Grant McDonald - Sebastian
Highlands Baptist Church
4. ROLL CALL
AGENDA MODIFICATIONS {ADDITIONS AHD]OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
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
93.085
93.144
93.169
93.015
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.
Continuation of 3/24/93 Hearing to Consider
Termination of Sebastian Lakes Conceptual Plan
and Rezoning (City Clerk Transmittal dated
5/19/93, Hartman Report on Water & Sewer [Under
Separate Cover], Hall Letter dated 3/24/93, Nash
Letter dated 4/28/93, Hall Letter dated 4/27/93)
B. ORDINANCE NO__=. O-93-11 - Accessory Structures
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, AMENDING THE LAND DEVELOPMENT CODE; AMENDING
SECTION 20A-5.5.D OF THE LAND DEVELOPMENT CODE
PERTAINING TO ENCROACHMENTS OF DETACHED STRUCTURES IN
A REQUIRED REAR YARD; AMENDING PROVISIONS PERTAINING
TO THE LOCATION OF ACCESSORY BUILDINGS; PROVIDING FOR
THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION OF
THIS ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
4/28/93, Advertised Legal Notices 5/12/93, PR and
Adoption 5/26/93)
S. ITEMS CARRIED FORWARD FROM 5~2/93 REGULAR MEETING
A. Introduction of New Business from the Public
Kathy Gardinier - "Council Limited Time to
Speak" (No Backup)
9. CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
A. Approval of Minutes - 5/12/93 Regular Meeting
Be
4th of July Request - Placement of Advent Balloon
in Riverview Park - 7/2/93 through 7/4/93 -
Subject to Receipt of Certificate of Insurance
(Staff Transmittal dated 5/19/93, Malek Letter
dated 5/12/93)
2
93.170
93.145
93.011
93.171
93.172
93.173
93.174
10.
12.
13.
14.
Ce
GFWC Junior Woman's Club - Request to Use
Riverview Park - Winter Craft Fair - 11/27/93
(11/28/93 Raindate) - Subject to Standard
Conditions (Staff Transmittal dated 5/19/93,
Harle Letter dated 5/12/93)
Waiver of Bidding Procedure - Community
Development Mobile Shelves - International Group
Marketing, Inc. "Pipp Mobile Systems" - $9,327.59
(Martin County School Board Price) (Staff
Transmittal dated 5/19/93, Quote)
PRESENTATIONS - None
MAYOB AND CITY COUNCIL MATTERS
A. Vice-Mayor Frank Oberbeck
B. Mrs. Carolyn Corum
C. Mrs. Norma Damp
D. Mr. Robert Freeland
E. Mayor Lonnie R. Powell
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
A.
Golf Course Promotion Plan (Staff Transmittal
dated 5/19/93, Golf Course Manager Memo dated
5/19/93)
Concur with Personnel Director Salary (City
Manager Transmittal dated 5/19/93)
Designate Depository for City Funds (Staff
Transmittal dated 5/19/93, Finance Director Memo
dated 5/19/93)
GDC Settlement Agreement Property Taxes (Staff
Transmittal dated 5/19/93, Schedule of Parcels
and Amounts Owed)
COMMITTEE REPORTS/RECOM}[ENDATIONS
A. CODE ENFORCEMENT BOARD
Recommendation - Reappoint Louis Nicolini to
Regular Member Three Year Term to Expire 6/96
(Eligible for Reappointment) (Staff
Transmittal dated 5/20/93, Applications)
3
93.122
15.
16.
OLD BUSINESS - None
NEW BUSINESS
A. ORDINANCE NO. ~-93-12 - Cemetery Regulat£ons
(city Clerk Transmittal dated 5/17/93, O-93-12
2nd Draft)
1st Reading, Set Public Hearing for 6/23/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 34 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO
CEMETERY REGULATIONS; ESTABLISHING NEW RULES AND
REGULATIONS FOR NICHE INTERMENTS; AMENDING CERTAIN
LANGUAGE TO PROVIDE FOR NICHE INTERMENTS; AMENDING
SECTION 34-2 PERTAINING TO TRUST FUNDS; AMENDING
SECTION 34-7 PERTAINING TO LOCATING OF INTERMENT
SITES; AMENDING SECTION 34-8 PERTAINING TO EASEMENTS
ALONG INTERMENT SITES; AMENDING SECTION 34-9
PERTAINING TO PAUPERS' INTERMENT; AMENDING SECTION
34-10 PERTAINING TO FEE FOR OPENING AND CLOSING
INTERMENT SITES OTHER THAN DURING WORKING HOURS;
AMENDING SECTION 34-11 PERTAINING TO INTERMENT SITE
PRICES; AMENDING SECTION 34-13 PERTAINING TO SALE OF
INTERMENT SITES; AMENDING SECTION 34-14 PERTAINING TO
APPROVAL OF WORK ON INTERMENT SITES; AMENDING SECTION
34-15 PERTAINING TO VAULT OR GRAVE LINER REQUIREMENT;
AMENDING SECTION 34-16 PERTAINING TO INTERMENT
REGULATIONS; DELETING EXISTING SECTION 34-17
PERTAINING TO PROHIBITION OF ABOVE GROUND INTERMENTS;
ADDING A NEW SECTION 34-17 PERTAINING TO URN SIZE
REQUIREMENTS; AMENDING SECTION 34-18 PERTAINING TO
INTERMENT SiTE MARKERS; AMENDING SECTION 34-19
PERTAINING TO ARTIFICIAL AND FRESH FLOWERS; AMENDING
SECTION 34-21 PERTAINING TO PRUNING AND REMOVAL OF
VEGETATION; AMENDING SECTION 34-22 PERTAINING TO
PROHIBITION OF ENCLOSURES AND MOUNDS; AMENDING
SECTION 34-24 PERTAINING TO LIABILITY; AMENDING
SECTION 34-26 PERTAINING TO PROCEDURES FOR RULE
VIOLATIONS; AMENDING SECTION 34-54 PERTAINING TO
DEPTH OF STANDARD IN-GROUND INTERMENT SITES; AMENDING
SECTION 34-56 PERTAINING TO VEHICLES ON PLATTED IN-
GROUND INTERMENT SITES; AMENDING SECTION 34-57
PERTAINING TO REMOVAL OF TENTS; AMENDING SECTION 34-
58 PERTAINING TO REMOVAL OF DIRT; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
4
93.175
93. 176
93.177
93. 178
ORDINANCE NO. O-93-15 - Development agreement
(Staff Transmittal dated 5/19/93, O-93-15)
1st Reading, Set Public Hearing for 6/23/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO DEVELOPMENT
AGREEMENTS; AMENDING CHAPTER 26 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN TO ADD A NEW
ARTICLE VII; ADDING NEW SECTION 26-210 TO THE CODE OF
ORDINANCES TO PROVIDE THE CITY COUNCIL WITH THE
AUTHORITY TO AUTHORIZE THE MAYOR OR CITY MANAGER TO
ENTER INTO DEVELOPMENT AGREEMENTS ON BEHALF OF THE
CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Annual Audit for Fiscal Year 1993 - Engage Firm
of Hoyman, Dobson & Company, P.A., Certified
Public Accountants -Not to Exceed $31,900 (Staff
Transmittal dated 5/17/93, Proposed Engagement
Letter)
RESOLUTION ~ R-93-24 - U.S. Conferenoe of
Mayors Deferred Compensation Plan (Staff
Transmittal dated 5/17/93, R-93-24, USCM Plan
Document, USCM Investment Performance, PEBSCO
Selection Letter - Escambia County School
District, PEBSCO/NATIONWIDE No. i Ranking)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING AN ALTERNATIVE PROVIDER FOR
ITS DEFERRED COMPENSATION PLAN; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
RESOLUTION NO. ~-93-25 - Bank Signatories (Staff
Transmittal dated 5/17/93, R-93-25, R-87-43)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING POLICY REGARDING THE NUMBER
AND FORM OF SIGNATURES THAT MUST APPEAR ON CHECKS,
DRAFTS, AND OTHER FINANCIAL DOCUMENTS; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
93. 179
17.
RESOLUTION NO. R-93-26 - Blanket Purchase Orders
(Staff Transmittal dated 5/17/93, R-93-26,
Blanket Purchase Orders)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING PURCHASE ORDER PROCEDURES
TO PROVIDE FOR THE ISSUANCE OF BLANKET PURCHASE
ORDERS FOR ALL UTILITIES (MONOPOLIES), AND OTHER
RECURRING SERVICES PREVIOUSLY AWARDED BY BID OR SOLE
SOURCE AWARD BY CITY COUNCIL; REPEALING RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-95-19
Limit of Ten Minutes for Each Speaker)
93. 180 A.
John Kanfoush - Handicapped Parking Enforcement
(No Backup)
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.)
6
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGNUP SHEET
MAY 26, 1993 REGULAR CITY COUNCIL ~ETING
(Use this form O~Y for presentation of matters NO~on the
prepared agenda. Introduction of Business from the Public is the
last item on the agenda)
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
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NAME:
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NAME:
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2
PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET
MAY 26, 1993 CITY COUNCIL WORKSHOP
(Use this form ONLY for input on items on the prepared agenda
except for public hearings which have their own signup sheets.
You will now speak immediately prior to the subject after being
recognized by the Mayor.)
NAME :
ADDRESS :
ITEM NO.:
ADDRE;S :
NAME /:
ADDRE~ :
NAME :
ADD, SS :
NAME :
ADDRESS :
ITEM NO.:
SUBJECT :
93.
NAME :
ADDRESS :
ITEM NO.:
SUBJECT :
93.
NAME :
ADDRESS :
ITEM NO.:
SUBJECT :
93.
NAME :
ADDRESS :
ITEM NO.:
SUBJECT :
93.
NAME :
ADDRESS :
ITEM NO.:
SUBJECT :
93.
2
PUBLIC HEARING SIGN-UP SHEET
MAY 26, 1993 REGULAR MEETING
CONSIDER TERMINATION OF SEBASTIAN LAKES CONCEPTUAL
DEVELOPMENT PLAN
REZONING TO AN APPROPRIATE ZONING CLASSIFICATION
Use this form O~LF for public input on the above referenced
public hearing item
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS
NAME:
ADDRESS:
NAME:
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PUBLIC HEARING SIGN-UP SHEET
MAY 26, 1993 REGULAR MEETING
ORDINANCE NO. O-93-11 - ACCESSORY STRUCTURES
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
AMENDING THE LAND DEVELOPMENT CODE; AMENDING SECTION 20A-5.5.D OF
THE LAND DEVELOPMENT CODE PERTAINING TO ENCROACHMENTS OF DETACHED
STRUCTURES IN A REQUIRED REAR YARD; AMENDING PROVISIONS
PERTAINING TO THE LOCATION OF ACCESSORY BUILDINGS; PROVIDING FOR
THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE IN THE
LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 4/28/93, Advertised Legal Notices 5/12/93, PH and
Adoption 5/26/93)
Use this form O~Y for public input on the above referenced
public hearing item
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
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2
City of Sebastian
POST OFFICE BOX 780127 ra SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MAY 26, 1993 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. Mayor Powell called the meeting to order at 7:00 p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Reverend Grant McDonald,
Sebastian Highlands Baptist Church.
4. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum (8:27 p.m.)
Mrs. Norma Damp
Mr. Robert Freeland
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
Finance Director, Marilyn Swichkow
Golf Course Pro/Manager, Joseph O'Rourke
Deputy City Clerk, Sally Maio
Administrative Secretary, Joanne Sandberg
Regular city Council Meeting
May 26, 1993
Page Two
Mayor Powell announced that Mrs. Corum would arrive
late.
Sm
A~ENDA ~ODIFICATIONS (ADDITIONS AND/OR ~ELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
None.
6. PROCLAMATION8 AND/OR ANNOUNCEMENTS
None.
7. PUBLIC HEARING, FIN~ ACTION
The normal order of business for public hearings
(Resolution No. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
93.085
Continuation of 3/24/93 Hearing to Consider
Termination of Sebastian Lakes Conceptual Plan
and Rezoning (city Clerk Transmittal dated
5/1~93, Hartman Report on Water R Sewer [Under
Separate Cove~l~ Hall Letter dated 3/24/93, Nash
Letter dated 4/28/93= Hall Letter dated 4/27/93)
The Director of Community Development requested the
public hearing be deferred until June 23, 1993.
Since the public hearing was advertised for this
date, Mayor Powell opened the public hearing at 7:05
p.m. and, being no input, he closed the public
hearing.
MOTION by Oberbeck/Freeland
I would move that we defer this item until the
meeting of June 23, 1993.
VOICE VOTE on the motion carried 4-0 (Corum - absent)
2
Regular City Council Meeting
May 26, 1993
Page Three
93.144
93.169
B. ORDINANCE NO, 0-93-11 - Accessory Structures
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, AMENDING THE LAND DEVELOPMENT CODE; AMENDING
SECTION 20A-5.5.D OF THE LAND DEVELOPMENT CODE
PERTAINING TO ENCROACHMENTS OF DETACHED STRUCTURES IN
A REQUIRED REAR YARD; AMENDING PROVISIONS PERTAINING
TO THE LOCATION OF ACCESSORY BUILDINGS; PROVIDING FOR
THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR THE INCLUSION OF
THIS ORDINANCE IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading
4/28/93, Advertised Legal Notices 5/12/93, PH and
Adoption 5/26/93)
Mayor Powell opened the public hearing at 7:06 p.m.,
the city Attorney read Ordinance No. O-93-11 by title
only and the Director of Community Development gave
a brief explanation of the amendment. Being no other
input, Mayor Powell closed the public hearing at 7:07
p.m.
MOTION by Oberbeck/Damp
I would move that we approve Ordinance No. 0-93-
11.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - absent
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 4-0 (Corum - absent)
The Director of Community Development stated that he
would be bringing back a proposal for another clean
up ordinance regarding this matter.
8. ITEMS CARRIED FORWARD FROM 5/12/93 REGULAR MEETING
A. Introduction of New Business from the Public
Kathy Gardinie~ - "Council Limited Time to
Speak" (No Backup)
Kathy Gardinier addressed city Council regarding
length of time spent by City Council members at
public meetings. (Mrs. Gardinier presented a letter
at the end of the meeting - see attached)
3
Regular City Council Meeting
May 26, 1993
Page Four
9. CONSENT &~END&
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 - 5/12/93 Regular Meeting
93.015
4th of July Request - Placement of Advent Balloon
in Riverview Park - 7/2/93 through 7/4/93 -
Subject to Receipt of Certificate of Insurance
(Staff Transmittal dated 5/19/93, Malek Letter
dated 5/12/93)
93.170
Ce
GFWC Junior Woman's Club - Request to Use
Riverview Park - Winter Craft Fair - 11/27/93
(11/28/93 Raindate) - Subject to Standard
Conditions (Staff Transmittal dated 5/19/93,
Harle Letter dated 5/12/93)
93. 145
De
Waiver of Bidding Procedure - Community
Development Mobile Shelves - International Group
Marketing, Inc. "Pipp Mobile Systems" - $9,327.59
(Martin County School Board Price) (Staff
Transmittal dated 5/19/93, Quote)
The city Manager read the consent agenda in its
entirety.
A1 Vilardi, 441 Georgia Boulevard, Sebastian, spoke
on item 93.015 - 4th of July - and expressed concern
for the way in which Riverview Park is being used.
Mrs. Damp and Mr. Oberbeck removed item C.
MOTION by Freeland/Oberbeck
I would move to approve items A, B, and D of the
consent agenda.
ROLL CALL:
Mrs. Corum - absent
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 4-0 (Corum - absent)
Regular City Council Meeting
May 26, 1993
Page Five
93. 170
Item C. GFWC Junior Woman's Club - Request to Use
Riverview Park - Winter Craft Fair
Mrs. Damp questioned conditions for use of Riverview
Park.
The City Manager responded that these are established
standard conditions.
MOTION by Oberbeck/Damp
I would move to approve item C of the consent
agenda.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - absent
MOTION CARRIED 4-0 (Corum - absent)
10. PRESENTATIONS
None.
11. MAYOR AND CITY COUNCIL MATTERS
A. Vice-Mayor Frank Oberbeck
Mr. Oberbeck discussed use of Riverview Park by the
Vietnam Vets and suggested that an ordinance be
drafted to regulate its use. Mayor Powell said he
had discussed conditions with them.
The City Manager concurred with the recommendation to
establish rules in ordinance form. He said staff
would like to draft an ordinance for review and it
was the concurrence of City Council that staff should
bring the item to a workshop for discussion prior to
drafting.
Mr. Oberbeck questioned whether any review had been
done on the previously abandoned easement on which a
house exists. Staff advised that a memo had been
submitted to city Council today citing that the house
was built in 1963 and did not present a problem.
Mr. Oberbeck questioned certain items on the City
Attorney's bill.
5
Regular City Council Meeting
May 26, 1993
Page Six
12.
B. Mrs. CarolYD Corum
Mrs. Corum was absent during this item.
C. Mrs. Norma ~
Mrs. Damp noted the recent election of the chairman
and vice-chairman of the Code Enforcement Board. The
City Manager said scheduling of the joint workshop
with Code Enforcement Board would be placed on the
June 2, 1993 city Council workshop.
D. Mr. Robert Freeland
Mr. Freeland stated that he had received a memo
relative to the lay-off of starters and rangers and
asked that those people be given first consideration
if any desk clerk positions open; said he had
reviewed with a local businessperson, prices for
certain clothing at the Golf Course shop being sold
below cost and questioned whether the city should be
in competition with local businesses.
The Golf Course Manager responded and stated that he
would submit a report to Mr. Freeland.
Mr. Freeland inquired about the donation of the old
library building to the Chamber of Commerce and the
city Attorney responded. Mr. Freeland inquired
whether a padlock can be placed on the Riverview Park
electrical panels when not in use.
E. Mayor Lonnie R. Powell
Mayor Powell discussed a letter received from Lynette
Colan; and inquired about the status of the non-
compliance status received from the Department of
Community Affairs for the Sebastian Grove Holdings
Comprehensive Land Use Plan amendment (0-92-07) and
the Police Station air quality problem, to which the
Director of Community Development responded.
CIT~ ~TTORNEY MATTERS
None.
6
Regular city Council Meeting
May 26, 1993
Page Seven
13. CiTY MANAHER MATTERS
The City Manager gave a brief report on the General
Development Utilities rate increase request and said
he would bring a recommendation to hire a consultant
to the June 2, 1993 workshop.
TAPE I - SIDE II (7:47 p.m.)
He said he had solicited proposals and would present
them and noted that any consultant costs would be
covered by GDU.
93.011
ae
Golf Course Promotion Plan (~taff Transmittal
dated 5/19/93, Golf Course Manager Memo dated
5/19~93)
The Golf Course Pro/Manager presented the Golf Course
promotion plan to city Council. A brief City Council
discussion took place and no further action was
taken.
Mayor Powell called recess at 7:57 p.m. and
reconvened the meeting at 8:14 p.m.. Ail members
were present except Mrs. Corum.
93. 171
Concur ~ Personnel Director Salary /City
Manager Transmittal dated 5/19/93)
The City Manager stated, for the record, that it is
his intention that if there is ever a similar
situation that arises in the future, it will be his
policy to bring it to the full city Council at a
meeting.
Mr. Freeland gave a brief explanation of the
authorization of the Personnel Director's salary
increase by poll of the City Council and his
inquiries relative to procedures followed, and read
from the Government in the Sunshine Law. The City
Attorney responded that, in his opinion, the City
Manager did not act as a liaison for city Council in
this matter.
Mr. Freeland inquired whether or not any
appropriation in excess of $2000 should be approved
by city Council and discussion of lack of written
procedures followed.
Regular city Council Meeting
May 26, 1993
Page Eight
Mrs. Corum arrived at 8:27 p.m. and City Council
discussion continued.
MOTION by Freeland/Oberbeck
I move to accept the salaries that were proposed
in Mr. McClary's memo (see attached).
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
93.172
Designate Depository for cit~ Funds (Staff
Transmittal da~e~ 5/19/93, Finance Director
dated 5/19/93)
The City Manager reported on the designation of
Indian River National Bank as the City's depository.
93.173
GDC Settlement Agreement Property Taxes £Staff
Transmittal dated 5~19/93, Schedule of Parcels
and Amounts Owed]
Louise Cartwright, 785 Bay Harbor Terrace, inquired
how this problem came about and who was responsible.
Mayor Powell responded that he inquired during a
City Council meeting about the taxes and was told the
city would pay its portion.
The City Manager reported on the negotiated agreement
with GDC, stated that the Finance Department had
a copy of the agreement and that the item was not
budgeted due to lack of knowledge of the amount.
TAPE II - SIDE I (8:51 p.m.)
The city Attorney stated that his firm has been in
contact with GDC for reimbursement in accordance with
the agreement.
MOTION by Oberbeck/Damp
I move to appropriate $5,806.90 from the general
fund unencumbered balance and authorize the payment
of $11,613.79 to the Indian River County Tax
Collector for the 1992 taxes owed on the GDC property
settlement.
8
Regular City Council Meeting
May 26, 1993
Page Nine
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
14. COMMITTEE REPORTS~RECOMMENDATIONS
A. CODE ~NFORCEMENT BOARD
93.174
Recommendation = Reappoint Louis NiQolini to
Regular Member Three year Term to Expire 6/96
(Eligible for Reap~ointment) (Staff
Transmittal dated 5/20/93, Applications)
Herbert Sturm, 549 Saunders Street, Sebastian,
objected to the reappointment and read from FS 162.
The city Attorney agreed with Mr. Sturm's
interpretation of law regarding member appointments
and advised that other City Councils sometimes send a
representative to attend Code Enforcement Board
meetings to stay informed of activities.
MOTION by Freeland/Corum
I make a motion that we delay any appointments
to the Code Enforcement Board until we have our
meeting that we have planned.
VOICE VOTE on the motion carried 5-0.
15. OLD BUSINESS
None.
16. NEW BUSINESS
93.122
ORDINANCE NO___~. O-93-12 - Cemetery Regulatlons
(city Clerk Transmittal dated 5/17/93, O-93-12
2nd Draft)
1st Reading, Set Public Hearing for 6/23/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 34 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO
CEMETERY REGULATIONS; ESTABLISHING NEW RULES AND
REGULATIONS FOR NICHE INTERMENTS; AMENDING CERTAIN
LANGUAGE TO PROVIDE FOR NICHE INTERMENTS; AMENDING
9
Regular City Council Meeting
May 26, 1993
Page Ten
SECTION 34-2 PERTAINING TO TRUST FUNDS; AMENDING
SECTION 34-7 PERTAINING TO LOCATING OF INTERMENT
SITES; AMENDING SECTION 34-8 PERTAINING TO EASEMENTS
ALONG INTERMENT SITES; AMENDING SECTION 34-9
PERTAINING TO PAUPERS' INTERMENT; AMENDING SECTION
34-10 PERTAINING TO FEE FOR OPENING AND CLOSING
INTERMENT SITES OTHER THAN DURING WORKING HOURS;
AMENDING SECTION 34-11 PERTAINING TO INTERMENT SITE
PRICES; AMENDING SECTION 34-13 PERTAINING TO SALE OF
INTERMENT SITES; AMENDING SECTION 34-14 PERTAINING TO
APPROVAL OF WORK ON INTERMENT SITES; AMENDING SECTION
34-15 PERTAINING TO VAULT OR GRAVE LINER REQUIREMENT;
AMENDING SECTION 34-16 PERTAINING TO INTERMENT
REGULATIONS; DELETING EXISTING SECTION 34-17
PERTAINING TO PROHIBITION OF ABOVE GROUND INTERMENTS;
ADDING A NEW SECTION 34-17 PERTAINING TO URN SIZE
REQUIREMENTS; AMENDING SECTION 34-18 PERTAINING TO
INTERMENT SITE MARKERS; AMENDING SECTION 34-19
PERTAINING TO ARTIFICIAL AND FRESH FLOWERS; AMENDING
SECTION 34-21 PERTAINING TO PRUNING AND REMOVAL OF
VEGETATION; AMENDING SECTION 34-22 PERTAINING TO
PROHIBITION OF ENCLOSURES AND MOUNDS; AMENDING
SECTION 34-24 PERTAINING TO LIABILITY; AMENDING
SECTION 34-26 PERTAINING TO PROCEDURES FOR RULE
VIOLATIONS; AMENDING SECTION 34-54 PERTAINING TO
DEPTH OF STANDARD IN-GROUND INTERMENT SITES; AMENDING
SECTION 34-56 PERTAINING TO VEHICLES ON PLATTED IN-
GROUND INTERMENT SITES; AMENDING SECTION 34-57
PERTAINING TO REMOVAL OF TENTS; AMENDING SECTION 34-
58 PERTAINING TO REMOVAL OF DIRT; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
The city Attorney read Ordinance No. 0-93-12 by title
only.
MOTION by Corum/Freeland
I make a motion for Council to accept the first
reading of Ordinance No. O-93-12 and set the public
hearing for June 23, 1993.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
10
Regular City Council Meeting
May 26, 1993
Page Eleven
93.175 B.
93. 176
ORDINANCE NO. 0-93-15 - Development Agreement
(Staff Transmittal dated 5/19/93, 0-93-15)
1st Reading, Set Public Hearing for 6/23/93
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO DEVELOPMENT
AGREEMENTS; AMENDING CHAPTER 26 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN TO ADD A NEW
ARTICLE VII; ADDING NEW SECTION 26-210 TO THE CODE OF
ORDINANCES TO PROVIDE THE CITY COUNCIL WITH THE
AUTHORITY TO AUTHORIZE THE MAYOR OR CITY MANAGER TO
ENTER INTO DEVELOPMENT AGREEMENTS ON BEHALF OF THE
CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-93-15 by title
only and briefly explained its purpose.
MOTION by Oberbeck/Damp
I would move that we approve Ordinance No.
0-93-15 and set public hearing for June 23, 1993.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
Annual Audit for Fiscal ~ 1993 - Engage Firm
of Hoyman= Dobson R Company. P.A.j Certified
Public Accountants - Not to Exceed $31,900 (Staff
Transmittal dated 5/17/93. Proposed Engagement
Letter)
The City Manager gave a brief presentation and
recommended a one year engagement.
MOTION by Oberbeck/Corum
I would move to engage the firm of Hoyman, Dobson
& Company, P.A., Certified Public Accountants, to
audit the Comprehensive Annual Financial Report of
the city of Sebastian as of and for the year ending
September 30, 1993 for a price not to exceed $31,900.
11
Regular City Council Meeting
May 26, 1993
Page Twelve
93.177
Concerns were expressed about utilizing this firm.
The Finance Director responded that personnel in the
firm is rotated, noted that she was not involved in
the last audit and urged City Council not to change
auditors this year.
It was the general consensus of City Council that
alternate auditors should be sought next year.
ROLL CALL:
Mr. Freeland - nay
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 4-1 (Freeland - nay)
De
RESOLUTION NO. R-93-24 - U.S. Conference of
Mayors Deferred Compensation Plan (Staff
Transmittal dated 5/17/93, R-93-24, USCM Plan
Document, USCM Investment Performance, PEBSCO
Selection Letter - Escambia County School
District, PEBSCO/NATIONWIDE No. i Ranking)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING AN ALTERNATIVE PROVIDER FOR
ITS DEFERRED COMPENSATION PLAN; 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-93-24 by
title only and the City Manager gave a brief
presentation.
MOTION by Oberbeck/Freeland
I move to adopt Resolution No. R-93-24 which will
allow employees an alternative to the ICMA program at
no additional cost to the City.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
12
Regular City Council Meeting
May 26, 1993
Page Thirteen
93.178
E. RESOLUTION ~_Q~ R-93-25 - Bank Signatories (Staff
Transmittal dated 5/17/93, R-93-25, R-87-43)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING POLICY REGARDING THE NUMBER
AND FORM OF SIGNATURES THAT MUST APPEAR ON CHECKS,
DRAFTS, AND OTHER FINANCIAL DOCUMENTS; 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-93-25 by
title only.
A lengthy discussion took place to determine the most
appropriate signatories.
TAPE II - SIDE II (9:38 p.m.)
Discussion continued. The City Manager suggested
that the list include Finance Director, city Manager,
Mayor and Vice Mayor, that the resolution be adopted
as amended, and then billing procedures and city
Council's role be addressed at a future workshop.
MOTION by Oberbeck/Damp
I move that we approve Resolution No. R-93-25
inserting the Mayor's signature in place of the
Assistant Finance Director and change throughout the
document.
It was determined that the title of Acting City
Manager would remain on the list.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
13
Regular City Council Meeting
May 26, 1993
Page Fourteen
93.179 F.
93.180
17.
RESOLUTION ~ R-93-26 - Blanket Purchase Orders
(Staff Transmittal dated 5/17/93, R-93-26,
Blanket Purchase Orders)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING PURCHASE ORDER PROCEDURES
TO PROVIDE FOR THE ISSUANCE OF BLANKET PURCHASE
ORDERS FOR ALL UTILITIES (MONOPOLIES), AND OTHER
RECURRING SERVICES PREVIOUSLY AWARDED BY BID OR SOLE
SOURCE AWARD BY CITY COUNCIL; REPEALING RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney read Resolution No. R-93-26 by
title only.
The Finance Director noted typos on page three -
section numbers should read 2, 3 and 4.
MOTION by Oberbeck/Corum
I would move we approve Resolution No. R-93-26.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
INTRODUCTION OF NEW BUSINESS BY TH__E PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-95-19
Limit of Ten Minutes for Each Speaker)
ae
Joh2 Kanfoush ~ Handicapped Parking Enforcement
(No Backup)
John Kanfoush, 1437 Seahouse Street, Sebastian,
addressed city Council concerning procedures for
handicapped parking violators and noted that staff is
addressing the problem.
14
Regular City Council Meeting
May 26, 1993
Page Fifteen
B. Other public Input
Steve Pitiak, 3621 West Derry Drive, Sebastian,
recommended a resolution directing the City Attorney
to obtain an Attorney General opinion regarding
resolutions adopted by the city relative to transfer
of utilities franchises.
Mayor Powell again requested that individuals respect
one anothers right to speak at a meeting without
making comments.
Mr. Freeland commended the City Engineer and Street
Department for recent road work. Mayor Powell
commended Linda Kinchen for her review of city bills.
Mrs. Corum noted the meeting area for the scrub tour.
18.
Being no further business, Mayor Powell adjourned the
meeting at 10:00 p.m.
Approved at the
, 1993, city Council
Meeting.
Kathryrt/M. O~Halloran,
City C~erk
15