HomeMy WebLinkAbout06081994 City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JUNE 8, 1994 - 7:00 EM.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLOR[DA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN TIlE OFFICE OF THE CITY CLERK,
CITY HALL, 1.225 MAIN STREET, SEBASTIAN, FLORIDA.
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item. by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Reverend C. Robert Merola, Jr. - St.
Elizabeth's Episcopal 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-93-19).
6. PROCLAMATIONS AND[OR ANNOUNCEMENTS
94. 140
94.103
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
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.
ORDINANCE NO. 0-94-07 - Removal of $2.50
Limitation on Public Service Tax (City Clerk
Transmittal dated 6/2/94, 0-94-07)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING
TO THE PUBLIC SERVICE TAX LEVIED PURSUANT TO SECTION
94-26 OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; AMENDING SECTION 94-31 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO THE
MAXIMUM AMOUNT OF PUBLIC SERVICE TAX PAYABLE;
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.
(lst Reading 5/11/94, Advertised 5/25/94, PH and
Adoption 6/8/94)
ORDINANCE NO. 0-94-08 - Deleting Requirement for
Blank Lines on Ballots for Write-In - Section 38-
l(b) (City Clerk Transmittal dated 6/2/94,
O-94-08)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 38, SECTION 38-1
(Declaration of intent by candidates; form of ballot)
BY ELIMINATING SECTION 38-1(b) PERTAINING TO BLANK
LINES ON VOTING BALLOTS; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading 5/11/94, Advertised 5/25/94, PH and
Adoption 6/8/94)
2
94.162
94.163
94.164
94.165
94.166
94.167
RESOLUTION NO. R-94-31 - FPL Emergency Staging
Area (City Clerk Transmittal dated 6/2/94,
R-94-31)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF
SEBASTIAN, AND FLORIDA POWER AND LIGHT COMPANY FOR
THE PURPOSE OF PROVIDING AN EMERGENCY STAGING AREA IN
THE EVENT OF NATURAL DISASTER, MILITARY OR CIVIL
DISTURBANCE; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE. (Advertised 6/1/94, PH and Adoption 6/8/94)
8. 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 - 5/23/94 Special Meeting,
5/25/94 Regular Meeting, 6/1/94 Workshop
Bid Award - Well Installation - Barber Street
Sports Complex Expansion - United Irrigation -
$4,000.00 (City Engineer Transmittal dated
6/1/94, Bid Tabulation, Bid Specifications)
Bid Award - Annual Contract for Installation of
Water and Sewer Laterals - Treasure Coast
Contracting (Utilities Director Transmittal dated
6/2/94, Summary Sheet, Comparison Calculations,
Agreement)
Receive Code Enforcement Order - Pfenninger/
Taylor (Order)
City of Sebastian - Specimen Tree Removal Request
- Barber Street Sports Complex South - One Pine
(Community Development Transmittal dated 6/3/94,
Application, Survey)
Wright Wedding RecePtion - Community Center -
6/18/94 - 4 p.m. to 10 p.m. - A/B - Permittee DOB
1/5/55 (City Clerk Transmittal dated 5/31/94,
Application)
3
94.168
94.169
94. 170
94.171
11.
12.
PRESENTATIONS
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
COMMITTEE REPORTS/RECOMMENDATIONS
A. Planning and Zoning Commission
Appoint Joseph Schulke to 1st Alternate
Position - Unexpired Term Vacated by Herbert
Munsart - Term Expires 11/95 (Director of
Community Development Transmittal dated
5/20/94, Schulke Application)
Appoint Jean Brandtmeyer to 2nd Alternate
Position - Unexpired Term Vacated by Joseph
Schulke - Term Expires 1/96 (Contingent Upon
Approval of Item ll.A.1.) (Director of
Community Development Transmittal dated
5/20/94, Schulke Application)
B. HANDICAPPED SELF-EVALUATION COMMITTEE
Appoint Phillip Foster to Regular Member
Position - Unexpired Term Vacated by Beatrice
Thibault - Term to Expire 6/95 (Personnel
Director Transmittal dated 6/2/94, Foster
Application)
Appoint George Schum to First Alternate
Position - Unexpired Term Vacated by Phillip
Foster - Term to Expire 8/96 (See Personnel
Director Transmittal dated 6/24/94, Schum
Application)
OLD BUSINESS - None
94.096
94. 172
94.087
13.
NEW BUSINESS
Resolution No. R-94-32 - FDOT Public
Transportation Joint Participation Agreement
(City Manager Transmittal dated 6/2/94,
Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO ENTER INTO A JOINT PARTICIPATION AGREEMENT FOR
ENGINEERING FOR LIGHTING AND OVERLAY OF RUNWAY 4-22,
IN THE AMOUNT OF $53,100.00, WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. R-94-33 - city Council Designated
as Board of Adjustment
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY COUNCIL TO
TEMPORARILY FULFILL THE RESPONSIBILITIES OF THE CITY
OF SEBASTIAN BOARD OF ADJUSTMENT; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING A SEVERABiLITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. R-94-34 - Tri-Par~y Grant
Agreement/Sebastian Yacht Club Renovations (city
Manager Recommendation dated 5/12/94, R-94-34,
Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AGREEMENT BETWEEN THE STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL PROTECTION AND INDIAN
RIVER COUNTY, PERTAINING TO THE FLORIDA BOAT
IMPROVEMENT PROGRAM TO PROVIDE $40,000.00 FOR
SEBASTIAN YACHT CLUB RENOVATIONS; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROViDiNG A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
14.
93.116
15.
16.
17.
18.
CITY COUNCIL MATTERS
A. Mrs. Norma Damp
1. Resolution No. R-93-19 - Public input Policy
(R-93-19)
B. Mr. Robert Freeland
C. Vice-Mayor Carolyn Corum
D. Mr. Frank Oberbeck
MAYOR MATTERS
CiTY ATTORNEY MATTERS
CITY MANAGER MATTERS
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.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
iN ADVANCE OF THIS MEETING.
iTEM 7.A. - 94.140
PUBLIC HEARING SIGN-UP SHEET
JUNE 8, 1994 REGULAR MEETING
ORDINANCE NO. 0-94-07
Removal of $2.50 Limitation on Public Service Tax
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, PERTAINING TO THE PUBLIC SERVICE TAX
LEVIED PURSUANT TO SECTION 94-26 OF THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN; AMENDING SECTION 94-31 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO THE MAXIMUM
AMOUNT OF PUBLIC SERVICE TAX PAYABLE; 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.
(lst Reading 5/11/94, Advertised 5/25/94, PH and Adoption 6/8/94)
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ITEM 10.
INTRODUCTION OFNEW BUSINESS
FROM THE PUBLIC
SIGNUP SHEET
JUNE 8, 1994 REGULAR CITY COUNCIL MEETING
(Use this form ONLY for presentation of NEW matters NOT on the
prepared agenda.
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET
JUNE 8, 1994 REGULAR MEETING
Use this form ONLY for input on items on tho prepared agenda
EXCEPT for public hearings which have their own signup sheets.
Speakers will address city Council immediately prior to the
deliberation of the item by the City Council (R-93-19) I~/
NAME :
ADDRESS :
ITEM NO.:
SUBJECT :
NAME :
ADDRESS :
ITEM NO.:
SUBJECT :
NAME :
ADDRESS :
ITEM NO.:
SUBJECT :
ITEM 7.B. - 94.103
PUBLIC HEARING SIGN-UP SHEET
JUNE 8, 1994 REGULAR MEETING
ORDINANCE NO. 0-94-08
Deleting Requirement for Blank Lines on Ballots
for Write-In - Section 38-1(b)
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY,
FLORIDA, AMENDING CHAPTER 38, SECTION 38-1 (Declaration of intent
by candidates; form of ballot) BY ELIMINATING SECTION 38-1(b)
PERTAINING TO BLANK LINES ON VOTING BALLOTS; PROVIDING FOR REPEAL
OF oRDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 5/11/94, Advertised
5/25/94, PH and Adoption 6/8/94)
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
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ADDRESS:
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ADDRESS:
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ITEM 7. C. - 94.162
PUBLIC HEARING SIGN-UP SHEET
JUNE 8, 1994 REGULAR MEETING
RESOLUTION NO. R-94-31
Special Use Permit
FPL Emergency Staging Area at Sebastian Municipal Airport
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN
AGREEMENT BETWEEN THE CITY OF SEBASTIAN, AND FLORIDA POWER AND
LIGHT COMPANY FOR THE PURPOSE OF PROVIDING AN EMERGENCY STAGING
AREA IN THE EVENT OF NATURAL DISASTER, MILITARY OR CIVIL
DISTURBANCE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Advertised 6/1/94,
PH and Adoption 6/8/94)
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City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JUNE 8, 1994 - 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.
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation qf the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
Mayor Firtion called the Regular Meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Reverend C. Robert Merola,
Jr., St. Elizabeth's Episcopal Church.
4. ROLL CALL
city Council
Present:
Mayor Arthur Firtion
Vice Mayor Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Mr. Frank Oberbeck
Staff Present:
City Manager, Joel L. Koford
City Clerk, Kathryn M. O'Halloran
Assistant City Attorney, Richard Torpy
Deputy city Clerk, Sally Maio
Regular City Council Meeting
June 8, 1994
Page Two
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-93-19).
None.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Mayor Firtion reported on his attendance at the
Treasure Coast Council of Local Governments meeting
and requested input from the public on ideas for new
legislation; and reported on Commissioner Adams'
request for and approval of $2,500.00 for the 4th of
July celebration at the last Indian River County
Commission meeting.
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
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.
2
Regular City Council Meeting
June 8, 1994
Page Three
94. 140 A.
ORDINANCE NO. 0-94-07 - Removal of $2.50
Limitation on Public Service Tax (City Clerk
Transmittal dated 6/2/94, 0-94-07)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING
TO THE PUBLIC SERVICE TAX LEVIED PURSUANT TO SECTION
94-26 OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; AMENDING SECTION 94-31 OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO THE
MAXIMUM AMOUNT OF PUBLIC SERVICE TAX PAYABLE;
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.
(lst Reading 5/11/94, Advertised 5/25/94, PH and
Adoption 6/8/94)
Mayor Firtion opened the public hearing at 7:06 p.m.
The Assistant City Attorney read Ordinance No.
0-94-07 by title only.
The City Manager gave a brief history on the
establishment of the $2.50 cap on the public service
tax in 1959, noted that there is no provision for a
cap in today's statutes, however, there is a
provision for a percentage amount. He stated that a
1992 Golf Course bond covenant requires that the City
maintain the public service tax at the maximum rate
allowable by law, which is ten percent.
Richard Meiklejohn, 1042 West Lakeview Drive; William
H. Lewis, 165 Ablett Terrace; Joseph Morozowski, 3426
Heatherway Lane; Harry Thomas, 654 Balboa Street;
Richard Taracka, 1320 Coverbrook Lane; Elmer C.
Carpenter, 718 West Fischer Circle; Martin Carter,
partner, Captain Hiram's; Kathy Gardinier, 192
Delaware Avenue; Sal Neglia, Georgia Boulevard;
George Gardinier, 192 Delaware Avenue; Greg Golien,
711 Wimbrow Drive; A1 Vilardi, 445 Georgia Boulevard;
Walter Barnes, 402 Azine Terrace;
TAPE I - SIDE ii (7:49 p.m.)
Regular City Council Meeting
June 8, 1994
Page Four
George Metcalf, 425 Pine Street; A1 Goelz, 1618
Seahouse Street; Ruth Sullivan, 1215 Indian River
Drive; J.W. "Tommy" Thompson, 125 Main Street; all of
Sebastian, objected to the increase of the public
service tax.
Mayor Firtion closed the public hearing at 8:02 p.m.
and called recess. He reconvened the meeting at
8:12 p.m. All members were present.
The Assistant city Attorney reiterated the
requirement of the bond covenant for the City to
charge up to the maximum allowable by law.
The City Manager reiterated that the bond covenant is
legally binding and that the public service tax funds
go into the general fund of the City and are pledged
so that if there is a financial shortfall the funds
will be available, discussed the amount of funds
needed to meet debt service, suggested the
possibility of obtaining relief from the bond
underwriters in reducing the percentage required in
the bond, and read from projections for the Golf
Course at the end of this fiscal year showing
operating income in the black, with the exception of
insufficient funds to meet debt service.
City Council discussion followed.
The City Manager said, after conferring with the
Assistant City Attorney, the language in the covenant
can possibly be interpreted another way and the
Assistant City Attorney said a fair interpretation of
the bond covenant would be that "the City must levy a
tax sufficient to comply with the bond" and that the
City could determine what is necessary to meet debt
service.
The City Manager estimated that five percent, in his
opinion, would be a safe amount.
TAPE II - SIDE I (8:47 p.m.)
City Council discussion continued.
4
Regular City Council Meeting
June 8, 1994
Page Five
94.103
The city Manager suggested a first year three percent
public service tax, followed by a twelve month
review, and said it would be advantageous to give
staff time to recalculate and review the proposed
ordinance language.
MOTION by Oberbeck/Freeland
I would move for a continuance until June 22, at
that meeting, at which time we should be afforded the
information and have all the facts in front of us.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
Mayor Firtion called recess at 8:58 p.m. and
reconvened the meeting at 9:02 p.m. Ail members were
present.
ORDINANCE NO. 0-94-08 - Deleting Requirement for
Blank Lines on Ballots for Write-In - Section 38-
l(b) (City Clerk Transmittal dated 6/2/94,
0-94-08)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 38, SECTION 38-1
(Declaration of intent by candidates; form of ballot)
BY ELIMINATING SECTION 38-1(b) PERTAINING TO BLANK
LINES ON VOTING BALLOTS; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
(lst Reading' 5/11/94, Advertised 5/25/94, PH and
Adoption 6/8/94)
The Assistant City Attorney read Ordinance No.
0-94-08 by title only.
Mayor Firtion opened the public hearing at 9:02 p.m.
and being no input, he closed it.
Regular City Council Meeting
June 8, 1994
Page Six
94.162
MOTION by Oberbeck/Damp
I would move that we adopt Ordinance No. 0-94-08,
deleting requirement for blank lines on ballots for
write-ins.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
RESOLUTION NO. R-94-31 - FPL Emergency Staging
Area (City Clerk Transmittal dated 6/2/94,
R-94-31)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF
SEBASTIAN, AND FLORIDA POWER AND LIGHT COMPANY FOR
THE PURPOSE OF PROVIDING AN EMERGENCY STAGING AREA IN
THE EVENT OF NATURAL DISASTER, MILITARY OR CIVIL
DISTURBANCE; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE. (Advertised 6/1/94, PH and Adoption 6/8/94)
Mayor Firtion opened the public hearing at 9:03 p.m.
The Assistant city Attorney read Resolution No.
R-94-31 by title only.
Mayor Firtion closed the public hearing at 9:04 p.m.
MOTION by Oberbeck/Freeland
I would move that we approve Resolution No. R-94-
31, the FP&L emergency staging area.
Mrs. Corum suggested that "security" be defined in
the agreement, and that it be noted it is FPL's
responsibility.
Charles Schwab, Field Service Supervisor, Treasure
Coast, Florida Power and Light, said FPL will provide
all security and said the language is sufficient.
The Assistant city Attorney noted that there is an
indemnification clause in the agreement.
6
Regular City Council Meeting
June 8, 1994
Page Seven
Oberbeck/Freeland added language to the motion "to
state that all costs incurred will be paid by FP&L".
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
8. 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 - 5/23/94 Special Meeting,
5/25/94 Regular Meeting, 6/1/94 Workshop
94.163
Bid Award - Well Installation - Barber Street
Sports Complex Expansion - United Irrigation -
$4,000.00 (city Engineer Transmittal dated
6/1/94, Bid Tabulation, Bid Specifications)
94.164
Bid Award - Annual Contract for Installation of
Water and Sewer Laterals - Treasure Coast
Contracting (Utilities Director Transmittal dated
6/2/94, Summary Sheet, Comparison Calculations,
Agreement)
94.165
Receive Code Enforcement Order - Pfenninger/
Taylor (Order)
94.166
City of Sebastian - Specimen Tree Removal Request
- Barber Street Sports Complex South - One Pine
(Community Development Transmittal dated 6/3/94,
Application, Survey)
94.167
Pm
Wright Wedding Reception - Community Center -
6/18/94 - 4 p.m. to 10 p.m. - A/B - Permittee DOB
1/5/55 (City Clerk Transmittal dated 5/31/94,
Application)
7
Regular City Council Meeting
June 8, 1994
Page Eight
94.166
The City Manager read the Consent Agenda in its
entirety.
Mrs. Corum removed item E.
MOTION by Oberbeck/Damp
I would move that we approve items A, B, C, D,
and F of the consent agenda.
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
Ee
city of Sebastian - Specimen Tree Removal Request
- BSSC South
MOTION by Corum
I move that the City approve the removal of the
pine specimen tree with the replacement of a two inch
dbh live oak tree.
MOTION DIED for lack of a second.
MOTION by Freeland/Oberbeck
I move to approve the removal of the specimen
tree located at Barber Street Sports Complex South.
Discussion followed on asking staff to look into
planting a replacement tree.
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
9. PRESENTATIONS
None.
8
Regular City Council Meeting
June 8, 1994
Page Nine
94.168
94.169
10.
11.
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
Herbert Sturm, 549 Saunders Street, Sebastian,
requested a City Council hearing relative to his Code
Enforcement Board issue.
Ed Miquelon, commended city Council on its handling
of the public service tax issue.
COMMITTEE REPORTS/RECOMMENDATIONS
A. Planning and Zoning Commission
Appoint Joseph Schulke to 1st Alternate
Position - Unexpired Term Vacated by Herbert
Munsart - Term Expires 11~95 [Director o__f
Community Development Transmittal dated
5/20/94= Schulke Application)
MOTION by Freeland/Oberbeck
I'd move that we appoint Joseph Schulke, first
alternate position, unexpired term vacated by Herbert
Munsart, term to expire 11/95.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
Appoint Jean Brandtmeyer to 2nd Alternate
Position - Unexpired Term Vacated b_~ Joseph
Schulke ---Term Expires 1/96 (Contingent Upon
Approval of Item ll.A.I.I (Director o__f
Community Development Transmittal dated
5/20/94, Schulke Application)
MOTION by Freeland/Damp
I'd move that we appoint Jean Brandtmeyer to
second alternate position, unexpired term vacated by
Joseph Schulke, term to expire 1/96.
Regular City Council Meeting
June 8, 1994
Page Ten
94.170
94. 171
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
B. HANDICAPPED SELF-EVALUATION COMMITTEE
Appoint Phillip Foster to Regular Member
Position ~ Unexpired Term Vacated by Beatrice
Thibault - Term to Expire 6/95 (Personnel
Director Transmittal dated 6/2/94. Foster
Application)
MOTION by Oberbeck/Damp
I move to that effect (see title).
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Appoint George Schum to First Alternate
Position_- Unexpired Term Vacated by Phillip
Foster - Term to E×Dire 8/96 (See Personnel
Director Transmittal dated 6/24/94, Schum
Application)
MOTION by Damp/Oberbeck
So move (see title).
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
12. OLD BUSINESS - None
10
Regular City Council Meeting
June 8, 1994
Page Eleven
13. NEW BUSINESS
94.096 A.
94.172
Resolution No. R-94-32 - FDOT Public
Transportation Joint Participation Agreement
(City Manager Transmittal dated 6/2/94,
Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO ENTER iNTO A JOINT PARTICIPATION AGREEMENT FOR
ENGINEERING FOR LIGHTING AND OVERLAY OF RUNWAY 4-22,
IN THE AMOUNT OF $53,100.00, WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
The Assistant City Attorney read Resolution No. R-94-
32 by title only.
MOTION by Corum/Oberbeck
I make a motion for Council to approve and accept
Resolution No. R-94-32.
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
Resolution No. R-94-33 - City Council Designated
as Board of Adjustment
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY COUNCIL TO
TEMPORARILY FULFILL THE RESPONSIBILITIES OF THE CITY
OF SEBASTIAN BOARD OF ADJUSTMENT; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
The Assistant City Attorney read Resolution No.
R-94-33 by title only.
11
Regular City Council Meeting
June 8, 1994
Page Twelve
94.087
MOTION by Oberbeck/Damp
I move for the adoption of Resolution No. R-94-33.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
Resolution No. R-94-34 - Tri-Party Grant
Agreement/Sebastian Yacht Club Renovations (City
Manager Recommendation dated 5/12/94, R-94-34,
Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AGREEMENT BETWEEN THE STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL PROTECTION AND INDIAN
RIVER COUNTY, PERTAINING TO THE FLORIDA BOAT
IMPROVEMENT PROGRAM TO PROVIDE $40,000.00 FOR
SEBASTIAN YACHT CLUB RENOVATIONS; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
The Assistant city Attorney read Resolution No.
R-94-34 by title only.
MOTION by Corum/Oberbeck
I make a motion for Council to accept Resolution
No. R-94-34.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
12
Regular City Council Meeting
June 8, 1994
Page Thirteen
14. CITY COUNCIL MATTERS
A. Mrs. Norma Damp
94.173/ 1.
93.116
Resolution No. R-93-19 L Public Input Policy
CR-93-19)
Herbert Sturm, 549 Saunders Street, Sebastian,
expressed concern for receiving no response from
Council on his Code Enforcement issue.
City Council discussion followed on the proper
procedure for public input.
The Assistant City Attorney advised on procedures,
stating it was better to have public input prior to
City Council deliberation.
Mrs. Damp expressed concern that it has been the
practice of city Council not to recall individuals
signed up or those who neglected to sign and wish to
speak.
TAPE II - SIDE II (9:40 p.m.)
The Assistant City Attorney reiterated his concern
that orderly procedures must be maintained and noted
that City Council members can call on or recall
individuals.
B. Mr... Robert Freeland
Mr. Freeland read a letter from Steve Munchak to city
Council.
C. Vice-Mayor Carolyn Corum
Mrs. Corum inquired about the Food Lion parking lot,
to which the City Manager responded he would report
tomorrow; discussed funding for ADA mandates, to
which the City Manager responded that no money was
appropriated by Congress; and suggested a code of
conduct for the city.
D. Mr. Frank oberbeck
None.
13
Regular city Council Meeting
June 8, 1994
Page Fourteen
15. MAYOR MATTERS
16.
17.
18.
None.
CITY ATTORNEY MATTERS
The Assistant City Attorney responded to Mr. Sturm's
concerns relative to Code Enforcement matters.
Mayor Firtion recommended revisiting the Sturm matter
at a future workshop.
CITY MANAGER MATTERS
The City Manager said an emergency preparedness
exercise will take place next Friday on the second
floor of City Hall; said he will be conducting budget
interviews with department heads next week; and asked
City Council how it wishes to conduct interviews for
City Attorney.
Mr. Oberbeck suggested interviewing the candidates as
a full City Council. City Council concurred and it
was decided to shortlist applicants on June 22, 1994
and interview on July 13, 1994.
Being no further business, Mayor Firtion adjourned
the Regular Meeting at 10:04 p.m.
ed at the ~~ , 1994, City Council
//
/]~ ~ Meeting.
Arthur L. Firtion, Mayor
...... Kathryn'M. llo~an, CMC/AAE
City Clerk
14