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HomeMy WebLinkAbout06241992 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 24, 1992 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-89-59). 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 7. PUBLIC HEARING, FINAL ACTION - None The normal order of business for public hearings (Resolution No. R-88-32) is as follows: * Hayor Opens Hearing * Attorney Reads Ordinance Or Resolution * Staff Presentation * Public Input * Staff Summation * Mayor Closes Hearing * Council Action 92.190 92.191 92.192 10. 11. 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. PUBLIC INPUT ON AGENDA ITEMS CONSENT AGENDA - Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 6/17/92 Regular Meeting B. RESOLUTION NO. R-92-31 - Abandonment of Easement A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE NORTHEASTERLY 10 FEET OF THE SOUTHWEST 20 FOOT EASEMENT OF LOT 22, BLOCK 251, UNIT 10, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-37E, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. First Church of the Nazarene - Waive Permit Fees for Fence Construction (Staff Recommendation dated 6/16/92, Eb¥ Letter dated 6/3/92) Sebastian Highlands Baptist Mission - Waive Permit Fees for Steeple Construction (Staff Recommendation dated 6/16/92, Monroe Letter dated 6/15/92) PRESENTATIONS - None MAYOR AND CITY COUNCIL MATTERS A. Mayor Lonnie R. Powell B. Mr. Frank Oberbeck C. Mrs. Carolyn Corum D. Dr. Peter R. Holyk E. Mr. George G. Reid 12. CITY ATTORNEY MATTERS 2 92.193 92.194 92.195/ 91.181 92.196 13. CITY MANAGER MATTERS 14. 15. 16. 17. City Council Agendas (City Manager Recommendation dated 6/18/92) COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS - None NEW BUSINESS Bid Award - Golf Course Cart Paths - Regan Masonry - $12,846 (Staff Recommendation dated 6/18/92, Bid Tabulation) Bid Award - Lake Hardee Park Trees - Multiple Vendors (Staff Recommendation dated 6/18/92, Bid Award Sheet) RESOLUTION NO. R-92-32 - CWA Contract Ratification (City Manager Recommendation dated 6/18/92, R-92-32, Contract Addendum) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE COMMUNICATION WORKERS OF AMERICA, FOR THE PERIOD FROM OCTOBER 1, 1992 THROUGH AND INCLUDING SEPTEMBER 30, 1993; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) 18. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 3 JUNE 24, 1992 REGULAR CITY COUNCIL MEETING PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET 'Use this form O~LF for input on items on the prepared agenda except for public hearings which have their own signup sheets. If you wis,~'to speak during the actual discussion of the matter rather th~ during~'Public Input on Agenda Items" please note. ) NAME: / ,~'~[.?', , ~" ~-- ,~, . / ~ / _ _4 ~' ,.... -?', :' ~ .f , NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: JUNE 24, 1992 REGULAR CITY COUNCIL MEETING INTRODUCTION OF BUSINESS FROM THE PUBLIC SIGNUP SHEET (Use this form O~L~ for presentation of matters ~ on the prepared agenda. Introduction of Business from the Public is the last item on the agenda) SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 24, 1992 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON iTEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. 1. Mayor Powell called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. A moment of silence was conducted in memory, of Jerry and Jane Strnad. 4. ROLL CALL Present: Mayor Lonnie Powell Mrs. Carolyn Corum Dr. Peter Holyk Mr. George Reid Absent: Vice Mayor Frank Oberbeck (excused) Also Present: City Manager, Robert McClary City Attorney, Charles Nash Finance Director, Mike Hudkins City Planner, Catherine Hilton City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting June 24, 1992 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-89~59). The City Council concurred to allow Ed Gilcher to report on Emergency Management under Committee Reports. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS None. 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. None. 8. PUBLIC INPUT ON AGENDA ITEMS None. 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 - 6/17/92 Regular Meeting 2 Regular City Council Meeting June 24, 1992 Page Three 92.190 B. RESOLUTION NO. R-92-31 - Abandonment of Easement A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE EASEMENT OF THE NORTHEASTERLY 10 FEET OF THE SOUTHWEST 20 FOOT EASEMENT OF LOT 22, BLOCK 251, UNIT 10, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-37E, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. 92.191 First Church of the Nazarene - Waive Permit Fees for Fence Construction (Staff Recommendation dated 6/16/92, Eby Letter dated 6/3/92) 92.192 Sebastian Highlands Baptist Mission - Waive Permit Fees for Steeple Construction (Staff Recommendation dated 6/16/92, Monroe Letter dated 6/15/92) The City Manager read the consent agenda in its entirety and noted a correction to the legal description in the body of Resolution No. R-92-31. Mrs. Corum removed items C and D. MOTION by Holyk/Reid I would move approval of items A and B of the consent agenda as written with the amendment to Resolution No. R-92-31 that was just described. VOICE VOTE on the motion carried 4-0. items C and D Mrs. Corum stated that other county and city governments do not waive fees for churches. MOTION by Corum/Holyk I move we approve item C and item D waive building permit fees for both churches. ROLL CALL: Mr. Oberbeck absent Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye MOTION CARRIED 4-0. 3 Regular City Council Meeting June 24, 1992 Page Four 10. PRESENTATIONS None. 11. MAYOR AND CITY COUNCIL MATTERS A. Mayor Lonnie R. Powell Mayor Powell commended Kip Kelso for a good job handling the Memorial Day service. B. Mr. Frank Oberbeck Absent. C. Mrs. Carolyn Corum Mrs. Corum spoke to calls received regarding environmental issues. D. Dr. Peter R. Holyk None. E. Mr. George G. Reid Mr. Reid expressed concern relative to feral cats. 12. CITY ATTORNEY MATTERS The City Attorney said he would not be in attendance at the July 1, 1992 workshop or the July 8, 1992 regular meeting, but that those meetings would be covered by his office. 13. CITY MANAGER MATTERS 92.193 City Council Agendas (City Manager Recommendation dated 6/18/92) The City Manager reiterated his summary statement, recommended against advertising agendas in newspapers and suggested the city work with Falcon Cable. Following Council input, it was the consensus of the majority to concur with the City Manager's recommendation. 4 Regular City Council Meeting June 24, 1992 Page Five 92.194 14. COMMITTEE REPORTS/RECOMMENDATIONS 15. 16. Emergency Management Ed Gilcher, Chairman, Sebastian Emergency Management, reported on his attendance at the 6th Governor's Hurricane Conference in Tampa. TAPE I - SIDE II Indian River County Land Acquisition Committee Mrs. Corum stated the July meeting has been canceled and reported on the proposed referendum question as agreed upon at today's meeting of the Land Acquisition Committee. Indian River County Emergenc~ Management Committee Mayor Powell said he would be unable to attend the June 26, 1992 meeting due to his participation in the Longest Day of Golf. OLD BUSINESS None. NEW BUSINESS Bid Award - Golf Course Cart Paths - Regan Masonry - 812,846 (Staff Recommendation dated 6/18/92, Bid Tabulation) The City Manager reported that it was staff's intent to rebid the sidewalk project adjacent to U.S. 1 since no bids were received. MOTION by Holyk/Reid I would move that we approve the bid award for the Golf Course cart paths to Regan Masonry in the amount of $12,846. ROLL CALL: Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck absent MOTION CARRIED 4-0. 5 Regular City Council Meeting June 24, 1992 Page Six 92.195/ B. 91.181 92.196 Bid Award - Lake Hardee Park Trees_- Multiple Vendors (Staff Recommendation dated 6/18/92, Bid Award Sheet) Following a brief presentation by the City Planner, motion was made. MOTION by Holyk/Corum I would make a motion that we award the bid for the Lake Hardee Park trees to the multiple vendors named in the recap total in the amount of $26,366.35. (see bid award list attached) ROLL CALL: Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck absent Mrs. Corum aye MOTION CARRIED 4-0. RESOLUTION NO. R-92-32 - CWA Contract Ratification (City Manager Recommendation dated 6/18/92, R-92-32, Contract Addendum) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE COMMUNICATION WORKERS OF AMERICA, FOR THE PERIOD FROM OCTOBER 1, 1992 THROUGH AND INCLUDING SEPTEMBER 30, 1993; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-92-32 by title only. The City Manager gave a brief history and recommended, in accordance with the opinion of the city's legal counsel (see attached) and CWA attorneys, that this item be deferred pending the outcome of an EEOC complaint. TAPE II - SIDE I It was the consensus of City Council to defer action on Resolution No. R-92-32. An executive caucus was scheduled for Wednesday, July 1, 1992 at 5:30 p.m., with Jim Linn participating. Regular City Council Meeting June 24, 1992 Page Seven Mayor Powell called recess at 8:10 p.m. and reconvened the meeting at 8:20 p.m. Ail members were present. 17. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) Herbert Sturm, 549 Saunders Street, Sebastian, asked by what authority did City Council deny his request for a public hearing to remove the Code Enforcement Board. The City Attorney responded that, in accordance with Section 2-94 of the Code of Ordinances, City Council may conduct a public hearing if it determines that reasonable evidence is provided and advised City Council that, in accordance with Section 162.11 FS, Mr. Sturm can only appeal his case to the Code Enforcement order to the circuit court. No further action was taken. Edra Young, 1151 Clearmont Street, and George Wilson, 313 Bay Harbor Terrace, Sebastian, addressed City Council regarding the proposed Federal Records Depository and urged the City to submit a bid on the vacated Florida Federal bank building the next day. TAPE II - SIDE II A lengthy discussion followed and it was the consensus of the City Council that it was not prepared to take action at this time. 18. Being no further business, Mayor Powell adjourned the meeting at 9:06 p.m. .- ......... ~-6nnie R. Powe~f, Mayor" :""~'~" "' ~ ~l~,lloran, City Cierk ~ ~._..'.kath 7