HomeMy WebLinkAbout06241998 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CiTY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, JUNE 24, 1998 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA iTEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAINSTREET, SEBASTIAN, FLORIDA
Individuals shah address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council
- limit often minutes per speaker (R-97-21)
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION - Police Chaplain Frank Camillo
RQLL CALL
AGENDA MODIFICATIO.N$ (ADDITIONS AND/OR DF~I~TiONS)
Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21)
6. PROCLAMATIOI~;,3NNOUNCEMENTS AN[~[OI~ PRESENTATIONS
98.1:26 A. Presentation of Sebastian River Area Coverlet by Sebastian River Junior Woman's Club (Richter
1.
2.
3.
4.
5.
98.127
Letter 6/10/98)
CiTY ,aTTORNEY MATTERS
CITY MANAGF, aR MATTERS
A. Workshop Schedule (No Backup)
9~.131
H. Vero Beach/Indian River County Recreation Request for Temporary Closing of Indian River Drive
and Use of Riverview Park Halloween Parade and Judging - Electricity - Reserve Community Center
in Event of Rain - 10/31/98 (City Clerk Transmittal 5/6/98, Burdick Letter 5/6/98)
98.093
Approval of Contract Between Ranger Construction Industries, Inc. and City of Sebastian for
Community Development Block Grant Improvements - $434,891.55 Grant Funded (City Manager
Transmittal 6/18/98, Notice of Award, Contract on File in Purchasing Agents' Office for Inspection)
98.134
Approval of Agreement with Indian River County in Development of Local Mitigation Strategy (City
Manager Transmittal 6/18/98, Proposed Agreement, Guidebook)
15. CITY COUNCIL MATTERS
B.
C.
D.
Mr. Larry Paul
Mayor Ru~h Sullivan
Vice Mayor M~rtha Wininger
~rs. Louise Cartwright
98.135
1. Impose Water Restriction Chapter 102 Code of Ordinances by Declaration of Council
E. Mr. Ch~k Neuberger
16.
ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a
majority vote of City Council)
NY PERSON WHO DECIDES' TO APPEAL ANY DECISION MADE BY THE CITY CO UNCIL WITH RESPECT 70 ANY MA~ER
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 1S 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.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
Upcoming Mggtings:
Regular Meeting - Wednesday, duty 8, 1998 ~ 7pm
Budget Workshop - Tuesday, July 21, 1998 ~ 7pm
Regular Meeting - Wednesday, duty 22, 1998 ~ 7pm
Budget Workshop (if needed) - Thursday, July 23, 1998 @ 7 pm
Public Forum - Wednesday, July 29, 1998 ~ 7pm
4
PUBLIC HEARING SIGN-UP SHEET
JUNE 24, 1998 REGULAR MEETING
98.108B A.
Second Readigg. Public Hearing and Final Adoption of Ordinanco No. O-9~-0~
- R~i0¢/~tial Solid Waste Collection Franchise
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ORANTINO AN EXCLUSIVE
RESIDENTIAL SOLID WASTE COLLECTION FRANCHISE TO R & R CORPORATE SYSTEMS< INC DBA CAPITAL
SANITATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR A FIXED TERM; PROVIDING FOR MANDATORY
SERVICE BY CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES TO BE PERFORMED; PROVIDING FOR
RESIDENTIAL COLLECTION; PROVIDING SCHEDULES AND ROUTE REQI. IiREMENTS; PROVIDING OTHER
PROVISIONS; PROVIDING FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTING RATES; PROVIDING FOR
FORFEITURE; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIYICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ATTORNEYS' FEES AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 6/10/98, Advertised Legal
Notices 6/13/98, PH 6/24/98)
Name
Address
Address
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Sallie
Address
Name
Address
Name
OAddress
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
JUNE 24, 1998 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEFF BUSINES$ NOT OTHERWISE ON THE
PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER
Address:
Subject:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
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Address:
Subject:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CiTY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JUNE 24, 1998 - 7:00 P.M.
CiTY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Sullivan called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
There was a moment of silence.
ROLL CALL
City Council Pres¢Ilt;
Mayor Ruth Sullivan
Vice Mayor Martha Wininger
Mrs. Louise Cartwright
Mr. Chuck Neuberger
Mr. Larry Paul
StaffPresent:
City Manager, Thomas Frame
City Attorney, Valeric Settles
Acting Public Works Director/City Engineer, Martha Campbell
Police Chief, Randy White
Deputy City Clerk, Sally Maio
Administrative Assistant, Linda Galley
oRegular City Council Meeting
une 24, 1998
Page Two
98.126
98.127
Mayor said to provide all Council members the opportunity to speak, she will rotate the order when calling
for input from members on an item, and that Council members request to be recognized by the Chair before
they speak for the benefit of the listening audience.
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21)
None.
PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
Ao
Presentation of Sebastian Riy~r Area Coverlet by Sebastian River Junior ~/9man's Club (Richter
Letter 6/1 Q/98)
Ann Richter and Teddy Hulse, on behalf of the Sebastian River Jumor Woman's Club, presented a
Sebastian River Area coverlet to the City of Sebastian.
CITY ATTORNEY MATTER~
The City Attorney distributed the final order on the Libertino vs City of Sebastian case, advising that Council
will be required to conduct a new hearing on the application for special use permit, at which time both sides
will be allowed to provide new evidence.
CITY M~NAGER MATTERS
A. Workshop Schedule
Following a brief explanation of the need for workshops for review of the telecommunications ordinance,
cable franchise, code enforcement procedures, minor issues such as uniform speed limit, and review for
adoption of the entire Land Development Code; City Council concurred with scheduling workshops for the
telecommunications ordinance and cable franchise review for July 1, 1998, and code enforcement procedures
for July 15, 1998 following the special meeting scheduled for a quasi-judicial hearing on that date.
The City Attorney said she would be unavailable for July 15, and the City Manager said he would contact
attorney Kevin MacWilliams to see if he could attend.
It was noted that there may be time after the July 29, 1998 public forum, that there are Wednesdays available
in August. Mayor Sullivan said she preferred to have workshops on available Wednesdays or following quasi
heatings. Mrs. Cartwfight suggested available Tuesdays or Thursdays. The City Manager said he will come
back following these scheduled workshops to schedule Land Development Code workshops.
2
Regular City Council Meeting
24, 1998
age Three
98.001
98.128/
97.277
98.057
98.026
98.129
98.130
98.131
CONSENT AGENDA
All 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 - 6/10/98 Regular Meeting
Resolution No. R-98-26 - Falcon Cable Franchise Extension to 9/4/98 (City Manager Transmittal
6/18/98, R-98-26)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN
EXTENSION OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMIYM OF
SIXTY DAYS UNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION
OF THE CITY COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE
REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE.
Police Department HVAC - Change Order to Hansen Engineers Re: Independent Test and Balance
Not to Exceed $7,000 and Approval for Final Air Quality Analysis by Wil Spaul, Inc. in the
Amount of $4,500 - Funds from Non-Departmental Undistributed Account (Asst to City
Manager/Purchasing Transmittal 6/18/98, Hansen Engineers Letter, Spaul Letter)
Authorize City Manager and Police Chief to Seek Approval of COPS-MORE '98 Grant and to
Implement if Awarded (Police Chief Memo 6/17/98)
Authorize City Manager to Execute Agreement with Kimley-Horn and Associates for Structural
Engineering in an Amount Not to Exceed $34,520 (Public Works/City Engineer Transmittal
6/17/98, Scope of Services)
Fo
Sebastian River Art Club Use of Riverview Park for Annual Shows with Standard Conditions -
11/21/98 (I 1/22/98 Raindate), 12/12/98 (12/13/98 Raindate), 1/16/99 (1/17/99 Raindate), 2/20/99
& 2/21/99, 3/20/99 (3/21/99 Raindate), 4/17/99 (4/18/99 Raindate)(City Clerk Transmittal 6/16/98,
Ritenour Letter 6/16/98)
Craft Club of Sebastian Use of Riverview Park for Annual Shows with Standard Conditions -
10/3/98 (10/4/98 Raindate), 11/7/98 (11/8/98 Raindate), 12/5/98 and 12/6/98, 1/2/99 (1/3/99
Raindate), 2/6/99 (2/7/99 Raindate), 3/6/99 (3/7/99 Raindate), 4/3/99 (4/4/99 Raindate), 5/I/99
(5/2/99 Raindate) (City Clerk Transmittal 6/18/99, Goble Letter 6/1/98)
Vero Beach/Indian River County Recreation Request for Temporary Closing of Indian River Drive
and Use of Riverview Park Halloween Parade and Judging - Electricity - Reserve Community Center
in Event of Rain - 10/31/98 (City Clerk Transmittal 5/6/98, Burdick Letter 5/6/98)
Regular City Council Meeting
une 24, 1998
Page Four
98.ool B.
The CityManager readth¢consentagendaandtheCityAttorneyreadResolutionNo. R-98-26 by
title.
Mayor Sullivan removed item A and Mr. Neuberger removed items B and C.
MOTION by Cartwright/Ncuberger
I move to approve items D, E, F, G and H of the consent agenda.
ROLL CALL: Mrs. Cartwright - aye
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
MOTION CARRIED 5-0
Approval of Minutes - 6/10_/98 l~egular Meeting
Mayor Sullivan amended the minutes as follows: pg 4 - Mayor Sullivan Matters - add Janet Isman's
name on line one; pg 11 - change "time" to "mileage" on line six.
MOTION by SullivardNeuberger
I would move approval of the minutes of 6/10/98 as amended.
VOICE VOTE on the motion carded 5-0.
Resolution No. R-98-26 - Falc0rl Cable Franchise Extension to ~/4/98
Mr. Neuberger inquired whether the 60 day extension can be reduced and Mrs. Wininger agreed that
too many extensions have been granted. The City Attorney explained that now that final legislation
has been received the city can move forward and that a new ordinance and agreement, once adopted,
will supersede the existing agreement. It was the consensus of Council to authorize the City
Manager to invite Ken Vickers to participate in the July 1st workshop.
MOTION by Neuberger/Cartwright
I make a motion to approve Resolution R-98-26.
ROLL CALL: Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs, Cartwright - aye
MOTION CARRIED 5-0
Regular City Council Meeting
une 24, 1998
age Five
9S.128/ C.
97.2"/7
Police Department HVAC - Change Order to Hansen Engineers Re: Independent Test and Balanc~
Not to Exceed $7,000 and Approval for Final Air Quality Analysis by Will Spaul, Inc. in the
Amount of $4,,500 - Funds fi.om Non-DepgrtIl~.ental Undistributed Account
Mr. Neuberger stated that the contractor should be required to certify his own work and make
corrections if needed.
TAPE I - SIDE II (7:45 p.m.)
Discussion followed on the need for the independent test and balance. It was noted that the agenda
incorrectly reflected a cost of $2,500 for Wil Spaul and that it should read $4,500. Vice Mayor
Wininger requested that when funds are to come fi.om non-departmental, a nmning balance be
provided.
The City Attorney advised that Council take extra precautions based on the troubled history of the
building.
MOTION by CartwrightfPaul
I move to approve item C of the consent agenda.
In response to Mr. Paul, the City Manager said he could try to negotiate the price with Hansen
Engineers.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - nay
MOTION CARRIED 4-1 (Neuberger - nay)
uneRegular City Council Meeting
24, 1998
age Six
10.
I~UBLIC HEARING
98.108B A.
Second Reading, Public Hearing and Final Adoption of Ordinance No. O-98-09 - Residential Solid
Waste Collection Franchise_ {City Manager Transmittal 6/18/98, 0-98-09, Agreemen0
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTINO AN
EXCLUSIVE RESIDENTIAL SOLID WASTE COLLECTION FRANCHISE TO R & R CORPORATE SYSTEMS,
INC DBA CAPITAL SANITATION; PROVIDING FOR DEFINITIONS; PROVIDINO FOR A FIXED TERM;
PROVIDINO FOR MANDATORY SERVICE BY CONTRACTOR; PROVIDINO FOR A DESCRIPTION OF
SERVICES TO BE PERFORMED; PROVIDINO FOR RESIDENTIAL COLLECTION; PROVIDING SCHEDULES
AND ROUTE REQUIREMENTS; PROVIDING OTHER PROVISIONS; PROVIDINO FOR PAYMENT OF
FRANCHISE FEE TO CITY; SETTINO RATES; PROVIDING FOR FORFEITURE; PROVIDING FOR CONFLICTS;
PROVIDING FOR CODIFICATION; PROVIDINO FOR SEVERABILITY; PROVIDING FOR ATTORNEYS' FEES
AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 6/10/98, Advertised Legal Notices 6/13/98, PH 6/24/98)
The City Attorney read Ordinance No. O-98-09 by title, and Mayor Sullivan opened the hearing at
8:05 p.m.
The City Manager gave a brief presentation, however, being no other input, Mayor Sullivan closed
the hearing at 8:08 p.m.
MOTION by Cartwright/Paul
I move to adopt Ordinance O-98-09.
Mr. Neuberger noted a typo on page 2 "part"; and questioned definitions for certain infractions. The
City Manager explained the meaning of legitimate complaint, noting that when resolved there would
be no fine.
ROLL CALL:
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - aye
Mr. Paul - aye
MOTION CARRIED 5.0
Authorize City Manager to Execute Exclusive Fral~hi~e Agreement Between R & R Corporate
Systems, Inc ~ Capital Sanitation and City of Scbas.[i~ ($e¢ Transmittal Above - This is not a
MOTION by Cartwright/Sullivan
I move to authorize the City Manager to execute the exclusive franchise agreement with
R&R Corporate Systems.
6
Regular City Council Meeting
une 24, 1998
Page Seven
11.
12.
13.
ROLL CALL:
Mrs. Wininger
Mrs. Camvright
Mr. Neub~rger
Mr. Paul
Mrs. Sullivan
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
INTRODUCTION OF NEW BUSINESS FROM THE PU]~IC
Which ts not otherwise on the agenda - sign-up required - limit often minutes for each speaker
Tut Connelly, 149 Kildare Drive, Sebastian, objected to use of utility taxes and franchise fees, and asked for
an answer to his May 30, 1996 letter regarding Fellsmere's repeal of the utility tax.
Harry Thomas, 654 Balboa Street, Sebastian, said funds collected from these fees should be placed in escrow
for future needs.
Sal Neglia, 461 Georgia Boulevard, Sebastian, objected to the City Manager giving the former Community
Development Director severance pay without Council approval.
Walter Barnes, 402 Azine Terrace, Sebastian, recommended that Pat Richter, who was instrumental in
obtaining the grant for the BSSC green building renovation be sent a letter of thanks; suggested she be
utilized for future grants; noted the important job Council has with its many upcoming meetings and
workshops; and asked if the personnel procedures, including department head evaluation policies, had been
completed. The City Manager said Paul Horsey is working on the procedures.
Mayor Sullivan called recess at 8:30 p.m. and reconvened the meeting at 8:47 p.m. All members were
present.
COMMITTEE REPORTS/RE COMMENDATION~
None.
OLD I~U$INESS
None.
7
Regular City Council Meeting
une 24, 1998
Page Eight
14. NEW BUSINESS
98.119 A.
Resolution No. R-98-27 - Eslabli~hi~g Temporary Budget Advisory Committee (Backup
Forthcoming)
The City Attorney read Resolution R-98-27 by title. The City Manager explained that he amended
the submittal of the committees' comments to "prior to first hearing", due to lack of time prior to the
first budget workshop on July 21. He said a special meeting may have to be scheduled to receive
their report prior to September 2.
TAPE II - SIDE I (8:52 p.m.)
The City Attorney suggested that their report also be in writing. Mrs. Cartwright suggested receiving
a copy of their meeting minutes. Mr. Neuberger reminded Council that its appointees must fill out
application.
MOTION by Neuberger/Sullivan
I make a motion to accept R-98-27.
ROLL CALL:
Mrs. Canwright - aye
Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
MOTION CARRIED 5-0
98.132 B.
Interlocal Agre~went with Indian River Coumy - Blossom Ditch Outfo[l.(P.ublic Works Director/Ci~
Engineer Transmittal 6/17/98, Proposed_ Agreement)
Mrs. Cartwright recommended describing the ditch in paragraph two, and adding "baffle box and
drainage outfall" in paragraph 5. The City Engineer said the scope of services would outline what
the improvements would be, but that it could state "drainage pipe and baffiebox".
MOTION by Cartwright/Neuberger
I move to approve the interlocal agreement with Indian River County for the engineering,
permitting, and construction of the baffle box and drainage outfall for Blossom ditch including the
paragraph five addition recommended by City staff.
ROLL CALL: Mr. Neuberger - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
8
JunegularCity Meeting
Council
e 24, 1998
Page Nine
98.133 C.
98.093 D.
98.134 E.
Authorizo Purchase_Order with Shenandoah Construction in the Amount of $20,725 for Main Street
Drainage Pil~e Rehabilitati01a (Public Works Director/City Engineer Tr~smittal 6/17/98)
The City Manager said this project will be piggy-backed off of an FDOT contract.
MOTION by Neuberger/Cartwfight
I move to approve the Main Street drainage pipe rehabilitation by Shenandoah Construction
with an expense required of $20,725.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Canwfight - aye
Mr. Neuberger - aye
MOTION CARRIED 5-0
Approval of Contract Between Ranger Construction Industries. Inc. and City of Sebastian for
Community E~velopm~nt Block Grant improvements - $434,891.55 Grant Funded (City M0aager
Tr~srnittal 6/18/98, Notice 0f Award. £ontra{:t on File il~ Purchasing Agents' Office for Insp_ectiorl~l
MOTION by Cartwfight/Sullivan
I move to authorize the City Manager to execute the contract with Ranger Construction Inc.
for the CDBG improvements.
ROLL CALL:
Mrs. Sullivan - aye
Mrs. Wininger - aye
Mrs. Cartwright - aye
Mr. Neuberger - aye
Mr. Paul - aye
MOTION CARRIED 5-0
Approval of Agreement with Indian River County in Development of Local Mitigation Strategy (City
M~ager Tral~rnittal 6/18/98, Proposed Agreement, Guidebook)
MOTION by Neuberger/Cartwright
i move to approve the agreement with Indian River County in the development of a Local
Mitigation Strategy for Indian River County.
Regular City Council Meeting
24, 1998
: Ten
15,
ROLL CALL:
Mrs. Wininger
Mrs. Cartwright
Mr. Neuberger
Mr. Paul
Mrs. Sullivan
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
CITY COUNCIL MATTERS
A. Mr. Larry Paul
Said he had received 15 calls regarding the proposed water restriction
Asked for an update on Barber Street striping
Distributed an article from 1997 regarding a family rollerblading at Barber Street Sports
Complex and cautioned Council not eliminate that ability
B. Mayor Ruth Sullivan
Asked the City Manager to look into grant funds available for damage to homes related to E!
Nino
C. Vice M~or Martha W/ningcr
Asked for a running balance of the contingency fund when Council is asked to approve
purchases from that fund
Asked for an update on the uniform speed limit, and the City Manager responded it would be
considered at a future workshop
Discussed a recommendation to adopt a resolution specifying what trees may be planted on
city property. The City Manager recommended a recommendation from the Tree Board.
Asked about the FPL crossing access and whether gates had been installed. The City
Attorney reported on the legal aspects and stated that the city would have to provide some
type of access. The City Manager said he would report back on the gates.
Asked if there was a policy in place regarding who is in charge when the City Manager and
City Clerk are away. The City Manager said if he is going to be away long term he
designates an Acting City Manager, but that he would research what other cities do.
10
,~gular City Council Meeting
June 24, 1998
Page Eleven
D. Mrs. Louise Canwrigh5
98.135
1. Inlpo~O Water Restriction Chapter 102 Code of Ordinances by Declaration of Council
Mrs. Cartwfight recommended Council declare a water restriction in light of the recent drought, and
give people a week's notice to comply. Mr. Neuberger agreed but suggested it not be called an
emergency. Vice Mayor Wininger said a resident had expressed concern about violation of his
private property rights. Mayor Sullivan agreed with the restriction but agreed it should not be
labeled an emergency. Mr. Paul said the city needs to be environmentally sensible.
TAPE II - SIDE II (9:37 p.m.)
The City Attorney advised that even though the ordinance does not specify that the declaration has
to be publicly advertised, the way this item is listed on the agenda doesn't give the public sufficient
notice that the restriction was going to be imposed at this meeting; and said the restriction should be
based on some finding. Mrs. Cartwright said she had been advised by St. Johns River Water
Management District that water levels are down and shallow wells are in jeopardy and that there is a
letter from St. Johns.
The City Attorney recommended that at a minimum Council have the restrictions start enforcement
on a given date sometime in the future; and that, in the future, items such as these be placed under
New Business and not Council matters.
MOTION by Cartwright/Paul
I move to declare a water shortage emergency enacting Chapter 102 Code of Ordinances
effective immediately with enforcement to begin July 8.
Vice Mayor Wimnger asked if there should be an ending date in the motion, and Mrs. Cartwright
said it would have to be declared over.
It was noted that an advertisement would be run.
VOICE VOTE on the motion carried 5-0.
Mrs. Cartwright continued her matters.
Expressed concern for Barber Street paving where it intersects with Englar and Carnation to
Tulip
Said she agreed with the severance pay to the former Community Development Director,
noting the City Manager had advised Council about the agreement before it was signed
Requested she receive equitable treatment in regard to new procedures announced by the
Mayor at the beginning of the meeting
11
iRegular City Council Meeting
une 24, 1998
Page Twelve
go
Mr. Chuck Neuberger
Said it is rude when Mrs. Cartwright interrupts other Council members
Said the Dempsey/Vocelle project is worse (~arl~')
Recommended the green building at Barber Street not be renovated
Expressed further concern about the left turn at CR 512 and US 1 and still does not have a
red arrow. The City Manager said he would set up a meeting between Mr. Neuberger and
IRC Traffic
Said the home rule charter provision regarding employee residence brought up at a forum
was never brought to the City Attorney's attention, but that she had now informed him it is
illegal
Recommended a workshop on franchise fees
The City Attorney said for all other boards she had dealings with, members are required to raise their
hands and be recognized by the Chair.
16.
Being no further business, Mayor Sullivan adjourned the Regular Meeting at 10:02 p.m.
Kathryn M. ~O'Halloran, CMC/AAE
City Clerk
,1998, Regular City Council Meeting.
Ruth Sullivan
Mayor
12