HomeMy WebLinkAbout08111993 City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
REVISED AGENDA
PG. 3 - CITY ATTORNEY MATTERS - ITEM 12.A.
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, AUGUST 11, 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.
CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - No One Available
4. ROLL CALL
®
AGENDA MODIFICATIONS (ADDITIONS ~AqD/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 HEARIN0, FINAL ACTION - None
8. ITEMS CARRIED FORWARD FROM 7/28/95 AOENDA
Introduction of New Business from the Public -
John Kanfoush - Overgrown Lots (No Backup)
(Signed Up - Not Addressed)
93.235
93.236
93.237
93.238
9. CONSENT &GEND&
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 - 7/28/93 Regular Meeting,
8/4/93 Workshop
Indian River County Emergency Management Services
- Volunteer Training Meetings - Waive Security
Deposit and Rental Fees - Second Monday of Each
Month - 6 pm to 9 pm (City Clerk Transmittal
dated 7/26/93, Application)
MGB Construction - Specimen Tree Removal Request
- Three Pines - Lot 12, Block 458, unit 17,
Sebastian Highlands (Director of Community
Development Transmittal dated 7/26/93,
Application, Survey)
RESOLUTION NO. R-93-36 - Mutual Aid Agreement -
IRC/City of Sebastian (Police Chief Transmittal
dated 7/28/93, R-93-36, Proposed Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTMORIZING THE MAYOR AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY; A MUTUAL AID AND
VOLUNTARY COOPERATION AGREEMENT; RATIFYING THE
AGREEMENT AS SIGNED BY THE CHIEF OF POLICE FOR THE
CITY OF SEBASTIAN; PROVIDING FOR RECORDING; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO_ B-93-37 - Communications Agreement
(911) - IRC/City of Sebastian (Police Chief
Transmittal dated 7/28/93, R-93-37, Proposed
Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY; A COMMUNICATIONS
SERVICES AGREEMENT; PROVIDING FOR RECORDING;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
2
93.~39
93.240
93.241
93.242
93.243
93.244
10.
11.
Approve Communications Tower Lease Agreement -
City of Sebastian/Indian River County Emergency
Services - $150.00 Monthly Rental (Police chief
Transmittal dated 8/2/93, Wright Letter dated
6/22/93, Proposed Lease Agreement)
Approve Defensive Driving Enrollment Agreement
with Indian River County - $10.00 Per Employee
(Personnel Director Transmittal dated 8/2/93,
Agreement)
PRESENTATIONS
MAYOR ~ND CITY COUNCI~ MATTeRS
A. Mrs. Norma Damp
B. Mr. Robert Freeland
C. Mayor Lonnie R. Powell
Public Reading of Form 8B Voting Conflict
Relative to Appointment of City Clerk as
Acting city Manager (Form 8B)
D. Vice-Mayor Frank Oberbeck
E. Mrs. Carolyn Corum
12. CITY ATTORNEY MATTERS
13.
14.
15.
16.
A. Discuss Procedure - GDU Rate Hearing (No Backup)
CITY ~AGER I'~,TTERS
COI~ITTEE REPORTS/RECO~MEND&TIONS
A. POLICE PENSION BOARD
Appoint New Member in Lieu of Napier
Resignation (city Clerk Transmittal dated
8/6/93, Gore Letter dated 7/14/93, Section
58-51 Code of Ordinances, Board Member List)
OLD BUSINESS
NEW BUSINESS
AL
Laconia Street - CR 512 - City Engineer Report
- Information Purposes Only (City Engineer
Transmittal dated 7/29/93)
Barber Street Sports Complex Budget - City
Engineer Report - Information Purposes Only (City
Engineer Transmittal dated 7/29/93)
3
93.245
93.246/
92.179
93.247
17.
Bid Specifications for Window Replacement in City
Hall (Director of Community Development
Transmittal dated 8/2/93)
Set Public Hearing for September 8, 1993 to Amend
Henry A. Fischer Mulch/Burn Special Use
Permit Adopted by Resolution No. R-92-33 to
Enlarge Area and Change Expiration Date (Director
of Community Development Transmittal dated
7/29/93, Application, Fischer Letters dated
6/24/93 and 7/30/92, DCD Letter dated 6/11/93, R-
92-33, DCD Letter 7/30/93)
City Clerk Compensation As Acting city Manager
(City Clerk Transmittal dated 8/6/93, 8/4/93
Minutes)
INTRODUCTION OF NEW ~USINES~ BY ~ ~U~LIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
93.248 A.
93.249 B.
93.250 C.
Rick Giteles - Sebastian River Area Chamber of
Commerce - Negotiate Possible Building
Exchange - Chamber of Commerce/Old Library
(Giteles Letter dated 7/21/93, City Attorney
Letter dated 5/13/93, City Manager Letter
6/22/93)
John Malek - Sebastian River Area Chamber of
Commerce - Request Use of Riverview Park and
Yacht Club "Santa's Sail In" (City Clerk
Transmittal dated 7/29/93, Malek Letter dated
7/29/93)
Don Bert.au - Computer Operator Position
(Advertisement and Job Description)
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.)
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGNUP SHEET
AUGUST 11, 1993 REGULAR CITY COUNCIL MEETING
(Use this form ONLY for presentation of matters NOFon the
prepared agenda. Introduction of Business from the Public is the
last item on the agenda)
NAME: RICK GITELES - CHAMBER OF ~QP~M~RCE
ADDRESS:
SUBJECT: NEGOTIATE POSSIBLE BUILDING EXCHANGE - CHAMBE~JOLD
LIBRARY
NAME: JOHN MALEK - CHAMBER OF COMMERCE
ADDRESS:
SUBJECT: SANTA SAIL-IN - YACHT CLUB AND RIVERVIEW PARK
NAME: DON BERTEAU
ADDRESS:
SUBJECT: COMPUTER OPERATOR POSITION
NAME:
ADDRESS:
SUBJECT:
N~E:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
2
PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET
AUGUST 11, 1993 REGULAR CITY COUNCIL
(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 :
ITEM NO.: 93.
ITEM NO.. ; 93.
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93.
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93.
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, AUGUST 11, 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
3. INVOCATION - No One Available
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-93-19).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. PUBLIC HEARING, FINAL ACTION - None
8. ITEMS CARRIED FORWARD FROM 7/28/93 AGENDA
Introduction of New Business from the Public -
John Kanfoush - Overgrown Lots (No Backup)
(Signed Up - Not Addressed)
93.235
93.236
93.237
93.238
9. CONS~N'~ ~G~I~DA
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 - 7/28/93 Regular Meeting,
8/4/93 Workshop
Indian River County Emergency Management Services
- Volunteer Training Meetings - Waive Security
Deposit and Rental Fees - Second Monday of Each
Month - 6 pm to 9 pm (City Clerk Transmittal
dated 7/26/93, Application)
MGB Construction - Specimen Tree Removal Request
- Three Pines - Lot 12, Block 458, Unit 17,
Sebastian Highlands (Director of Community
Development Transmittal dated 7/26/93,
Application, Survey)
RESOLUTION NQ., R-93-36 - Mutual Aid Agreement -
iRC/City of Sebastian (Police Chief Transmittal
dated 7/28/93, R-93-36, Proposed Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY; A MUTUAL AID AND
VOLUNTARY COOPERATION AGREEMENT; RATIFYING THE
AGREEMENT AS SIGNED BY THE CHIEF OF POLICE FOR THE
CITY OF SEBASTIAN; PROVIDING FOR RECORDING; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FORAN EFFECTIVE DATE.
RESOLUTION NO. R-93-37 - Communications Agreement
(911) - IRC/City of Sebastian (Police Chief
Transmittal dated 7/28/93, R-93-37, Proposed
Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CiTY CLERK
TO SIGN, ON BEHALF OF THE CITY; A COM~IINICATiONS
SERVICES AGREEMENT; PROVIDING FOR RECORDING;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
2
~3.239
93.240
93.241
93.242
93.243
93.244
10.
11.
12.
13.
14.
15.
16.
Approve Communications Tower Lease Agreement -
City of Sebastian/Indian River County Emergency
Services - $150.00 Monthly Rental (Police chief
Transmittal dated 8/2/93, Wright Letter dated
6/22/93, Proposed Lease Agreement)
Approve Defensive Driving Enrollment Agreement
with Indian River County - $10.00 Per Employee
(Personnel Director Transmittal dated 8/2/93,
Agreement)
PRBSENTATIONS
AND CITY COUNCIL ~TTERS
A. Mrs. Norma DamD
B. Mr. Robert Freeland
C. Mayo~ Lonnie R~ Powell
Public Reading of Form 8B Voting Conflict
Relative to Appointment of City Clerk as
Acting City Manager (Form 8B)
D. Vice-Mayor Frank oberbeck
E. Mrs. Carolyn Corum
CITY ATTORNEY I~TTERS
CIT,~ MANAGER MATTERS
COMMITTE~ REPORTS/RECOMMENDATIONS
A. POLICE PENSION BOARD
Appoint New Member in Lieu of Napier
Resignation (City Clerk Transmittal dated
8/6/93, Gore Letter dated 7/14/93, Section
58-51 Code of Ordinances, Board Member List)
OLD BUSINESS
NEW BUSINESS
AL
Laconia Street - CR 512 - City Engineer Report
- Information Purposes Only (City Engineer
Transmittal dated 7/29/93)
Barber Street Sports Complex Budget - City
Engineer Report - Information Purposes Only (City
Engineer Transmittal dated 7/29/93)
3
93.245
93.246/
92.179
93.247
17.
Ce
Bid Specifications for Window Replacement in City
Hall (Director of Community Development
Transmittal dated 8/2/93)
Set Public Hearing for September 8, 1993 to Amend
Henry A. Fischer Mulch/Burn Special Use
Permit Adopted by Resolution No. R-92-33 to
Enlarge Area and Change Expiration Date (Director
of Community Development Transmittal dated
7/29/93, Application, Fischer Letters dated
6/24/93 and 7/30/92, DCD Letter dated 6/11/93, R-
92-33, DCD Letter 7/30/93)
City Clerk Compensation As Acting City Manager
(City Clerk Transmittal dated 8/6/93, 8/4/93'
Minutes)
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)
93.248 A.
93.249 B.
93.250 C.
Rick Giteles - Sebastian River Area Chamber of
Commerce - Negotiate Possible Building
Exchange - Chamber of Commerce/Old Library
(Giteles Letter dated 7/21/93, City Attorney
Letter dated 5/13/93, City Manager Letter
6/22/93)
John Malek - Sebastian River Area Chamber of
Commerce - Request Use of Riverview Park and
Yacht Club "Santa's Sail In" (City Clerk
Transmittal dated 7/29/93, Malek Letter dated
7/29/93)
Don Berteau - Computer Operator Position
(Advertisement and Job Description)
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.)
4
City of Sebastian
POST OFFICE BOX 780127 ~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 cl FAX (407) 589-5570
REVISED AGENDA
PG. 3 - CITY ATTORNEY MATTERS - ITEM 12.A.
SEBASTIAN CITY COUNCIL
RF~ULAR MEETING
WEDNESDAY, AUGUST 11, 1993 - 7:00 P.M.
CITY COUNCIL CRA3~ERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN TRE OFFICE OF ~ CITY CLERK,
CITY I:IALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - No One Available
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-95-19).,
6. PROCL;~WATIONS AND/OR lkNNOUNCEMENTS
7. PUBLIC HFJiRING~ FINAL ACTION - None
ITEMS CARRIED FORWARD FROM 7/2S/93 ~GENDA
A. Introduction of NeW Business from the P~blic
John Kanfoush - Overgrown Lots (No Backup)
(Signed Up - Not Addressed)
93.239
93.240
93.241
93.242
93.243
93.244
10.
11.
12.
13.
14.
15.
16.
·\ '\
i }rove Communications Towez _=ase Agreement -
City of Sebastian/Indian River County Emergency
Services - $150.00 Monthly Rental (Police Chief
Transmittal dated 8/2/93, Wright Letter dated
6/22 / 93, Proposed Lease Agreement)
Approve Defensive Driving Enrollment Agreement
with Indian River County - $10.00 Per Employee
(Personnel Director Transmittal dated 8/2/93,
Agreement)
PRESENTATIONS
MAYOR AND CITY ~O~C~L MATTERS
A. Mrs~ Norma Damp
B. Mr. ·Robert
C. Mayor LoDnie R~Powell
Public Reading of Form 8B Voting Conflict
Relative to Appointment of city Clerk--as
Acting City Manager (Form 8B)
D. Vice-Mayor ~rank oberbeck
E. Mrs. Carolyn Corum
CITY ~TTORNEYMATTERS
A. Discuss Procedure - GDU Rate Hearing (No Backup)
CITY MANAGER MATTERS
COMMITTEE ~EPORTS/RECOMMENDATIONS
A. POLICE PENSION DOARD
Appoint New Member 'in Lieu of Napier
Resignation (City Clerk Transmittal dated
8/6/93, Gore Letter dated 7/14/93, Section
58-51 Code of Ordinances, Board Member List)
OLD B~NESS
NEW BUSINES$
Laconia Street - CR 512 - city Engineer Report
- Information Purposes Only (City Engineer
Transmittal dated 7/29/93)
Be
Barber Street Sports Complex Budget - City
Engineer Report - Information Purposes Only (City
Engineer Transmittal dated 7/29/93)
3
City of Sebastian
POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, AUGUST 11, 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.
3. No one was available for invocation.
4. ROL~ C~LL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Also Present:
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Finance Director, Marilyn Swichkow
Chief of Police, Earle Petty
Utilities Director, Richard Votapka
Personnel Director, Wendy Widmann
City Clerk/Acting City Manager,
Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
August 11, 1993
Page Two
Se
AGENDA MODIFICATIONS (ADDITIONS AND/O~ DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
The Mayor announced that Nate McCollum had requested
that item 93.235 Indian River County Emergency
Services request for the Yacht Club be withdrawn from
the agenda at this time. City Council concurred.
6. PROCLAMATIONS AND/OR ~NNOUNCEMENTS
None.
7. PUBLIC HEARING, FINA~ ACTION
None.
8. ITEM~ CARRIED FORWARD FROM 7/28]93 AGENDA
Introduction of New Busines~ ~rom the Public -
John Kanfoush - Overgrown Lots (No Backup~
(Signed Up - ~ Addressed)
Mr. Kanfoush, 1437 Seahouse Street, Sebastian,
expressed concern about a lot on Larkspur with a
slab, lumber and overgrown grass. The Director of
Community Development said he would look into it.
Mr. Oberbeck reported on a lot on Georgia Boulevard
containing fill.
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.
Approval of Minutes - 7/28/93 Regular Meeting,
8/4/93 Workshop
--V~meee~-T~a~m~m§-Mee~m~s---Wa~e-See~ey
M~h---6-pm-~e-9-pm-~e~y-e~e~k-T~a~sm~a~
Regular City Council Meeting
August 11, 1993
Page Three
93.236 C.
93.237 D.
93.238
93.239
93.240
MGB Construction - Specimen Tree Removal Request
- Three Pines - Lot 12, Block 458, Unit 17,
Sebastian Highlands (Director of Community
Development Transmittal dated 7/26/93,
Application, Survey)
RESOLUTION NO. R-93-36 - Mutual Aid Agreement -
IRC/City of Sebastian (Police Chief Transmittal
dated 7/28/93, R-93-36, Proposed Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY; A MUTUAL AID AND
VOLUNTARY COOPERATION AGREEMENT; RATIFYING THE
AGREEMENT AS SIGNED BY THE CHIEF OF POLICE FOR THE
CITY OF SEBASTIAN; PROVIDING FOR RECORDING; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-93-37 - Communications Agreement
(911) - IRC/City of Sebastian (Police Chief
Transmittal dated 7/28/93, R-93-37, Proposed
Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CiTY CLERK
TO SIGN, ON BEHALF OF THE CITY; A COMMUNICATIONS
SERVICES AGREEMENT; PROVIDING FOR RECORDING;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Approve Communications Tower Lease Agreement -
city of Sebastian/Indian River County Emergency
Services - $150.00 Monthly Rental (Police Chief
Transmittal dated 8/2/93, Wright Letter dated
6/22/93, Proposed Lease Agreement)
Approve Defensive Driving Enrollment Agreement
with Indian River County - $10.00 Per Employee
(Personnel Director Transmittal dated 8/2/93,
Agreement)
The city Clerk/Acting city Manager read the consent
agenda in its entirety, including titles for
Resolution Nos. R-93-36 and R-93-37.
3
Regular city Council Meeting
August 11, 1993
Page Four
93.237
The City Attorney removed item A 8/4/93 workshop
minutes and item E Resolution No. R-93-37 -
Communications Agreement. Mrs. Corum removed items D
Resolution No. R-93-36 - Mutual Aid Agreement and
item F Tower Lease Agreement. Mrs. Damp removed
item G Defensive Driving Enrollment Agreement.
MOTION by Oberbeck/Corum
I move that we approve item C of the consent
agenda.
VOICE VOTE on the motion carried 5-0.
~tem A - Approval o__f Minutes - !/28~93 Regular
Meeting, 8~4/93 Workshop
The City Attorney requested a revision to the August
4, 1993 workshop minutes regarding waiver of written
notice of suspension by Attorney Justice on behalf of
his client. He requested that the minutes reflect
that in accordance with Section 3.03 B of the City
Charter "Mr. Justice waived both the notice of
suspension and the actual delivery of the written
charges due to the fact that he was provided with the
written charges before the meeting by myself
(Attorney Nash).".
MOTION by Oberbeck/Freeland
I would move that we approve item A of the
consent agenda pertaining to the workshop meeting of
8/4/93 with correction.
VOICE VOTE on the motion carried 5-0.
MOTION by Oberbeck/Freeland
I would move that we also approve item A the
minutes of 7/28/93 regular meeting.
VOICE VOTE on the motion carried 5-0.
Item D - RESOLUTION NO, R-93-36_- Mutual Aid
Agreement - IRC]City o~ ~bastian
Mrs. Corum inquired as to the source of funding when
the agreement is utilized. Chief Petty responded
that each force is paid by its own agency.
4
Regular city Council Meeting
August 11, 1993
Page Five
93.238
93.239
MOTION by Corum/Oberbeck
I move the approval of item D of the consent
agenda.
ROLL CALL:
Mr. oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
~tem E - RESOLUTION NO. R-93-37 - Communications
Agreement (911~ - IRC~City o~ Sebastian
The City Attorney recommended minor grammatical
revisions to the agreement and recommended approval
with revision.
MOTION by Oberbeck/Freeland
I would move we approve item E of the consent
agenda with corrections as stated.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
Item F - Approve Communications Tower Lease Agreement
In response to Mrs. Corum, the Chief of Police said
access to the building by other agencies would not be
necessary.
MOTION by Corum/Oberbeck
I move the approval of item F of the consent
agenda.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
5
Regular City Council Meeting
August ll, 1993
Page Six
93.240
10.
11.
Item G - Approve Defensive Driving Enrollment
A~reement
Mrs. Damp recommended that the training course be
made mandatory for all those using city vehicles.
The Personnel Director said it can be implemented as
part of disciplinary action to require anyone who has
had an accident to take the course.
MOTION by Damp/Freeland
I make a motion that we approve item G Defensive
Driving Enrollment on the consent agenda.
Mr. Oberbeck inquired as to the source of funding.
The Personnel Director said it will come out of
training in each individual budget and probably no
one will utilize it until the new fiscal year.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
PRESENTATIONS
None.
MAYOR AND CITY COUNCIL MATTERS
A. Mrs. Norma Damp
Mrs. Damp inquired about special labor counsel and
City Attorney costs for the investigation of the
suspended City Manager. The city Attorney responded
that $5,000 to $10,000 for special labor counsel,
including travel expenses, and perhaps the same
amount for his firm would be reasonable estimates.
He went on to estimate costs if this goes to state
or federal court and advised city Council in regard
to alternative dispute methods. The City Attorney
also reported that the city's Special Labor Counsel
is tentatively scheduled to meet with him on August
18, 1993 and to be in City Hall to begin his
investigation.
6
Regular City Council Meeting
August 11, 1993
Page Seven
93.241
Mrs. Damp said she is not comfortable with City
Council's decision on salaries during budget
workshops and recommended that City Council meet in
executive caucus with the City's negotiating team.
The City Clerk/Acting city Manager said she will be
requesting City Council to schedule an executive
caucus later on in the meeting.
B. Mr, Rober~ Freeland
None.
C. Mayor Lonnie R,.. Powell
Public Reading of Form 8B Voting Conflict
Relative to Appointment of cit~ Clerk as
Actinq Ci_~_y Manager (Form 8_D~
The city Attorney read Form 8B, voting conflict, into
the record (see attached). The City Attorney stated,
for the record, that filing this form is in
accordance with his advice to the Mayor.
Mayor Powell said, for the record, he has paid off
the City Clerk and there is no conflict now.
D. Vice-Mayor Frank oberbeck
Mr. Oberbeck inquired about speed bumps at Lake and
Fleming, to which the City Engineer responded he will
be meeting with the City Clerk/Acting City Manager to
determine what action to take and the City
Clerk/Acting City Manager said additional signs had
been installed at the intersection. Mr. Oberbeck
said at the corner of Wimbrow and Fleming there is
overgrowth that blocks the view.
E. Mrs. Carolyn Corum
Mrs. Corum inquired about the letter of non-
compliance from DCA on the Rhodes property, to which
the Director of Community Development responded that
Mr. Rhodes intends to submit additional information
to help facilitate DCA concerns; inquired about
trucks in the Food Lion parking lot, to which the
Director of Community Development responded that all
vendors other than semis, by the stores own
regulations, deliver through the front during certain
hours, that this is in violation of the city's code,
7
Regular City Council Meeting
August 11, 1993
Page Eight
that there are two options available, and recommended
that he meet with the store manager to delineate an
area strictly for that use; and read a letter she
received from Congressman Bacchus regarding scrub
habitat.
TAPE I - SIDE II (7:50 p.m.)
Mayor Powell said he had received calls from Orange
Heights residents and asked if the City Engineer had
a proposed plan for the twin pairs. The City
Engineer said he could prepare a plan by tomorrow and
said there is a meeting scheduled for Tuesday, August
24, 1993 at 6:00 p.m. between residents and Indian
River County relative to CR 512.
12. CITY ATTORNEY MATTERS
The city Attorney spoke on his response letter to the
County Attorney relative to the requested special use
permit for burning and mulching; and advised City
Council on procedures to be followed on what he
purports to be the Police station air design defect.
The Director of Community Development reported on his
activities thus far in respect to alleviation of the
air quality problem, recommended that an item be
placed on the agenda tonight for approval by City
Council to consider engaging the services of two
different mechanical engineers to review the
matter and obtain evidence for the City.
93.054
MOTION by Oberbeck/Freeland
I would move that we incorporate the item with
regard to the air conditioning system at the Police
Station to the agenda tonight in consideration of
engaging two consulting firms for review of the
system not to exceed $6,400.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
8
Regular City Council Meeting
August 11, 1993
Page Nine
93.183
MOTION by Oberbeck/Corum
I would move that we authorize staff to engage
the two consulting firms, mechanical engineering
consulting firms, to prepare for us reports on the
existing systems, existing system at the Police
Station, with a total cost for the two firms not to
exceed $6,400.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
The city Attorney discussed the proposed Skydive
Sebastian lease, noting that drop zone insurance is a
requirement that they are unable to obtain and
inquired whether city Council would consider changing
the lease to require them to maintain the drop zone
thus making them liable.
The City Attorney said he was advised by First Union
National Bank of Florida that Carl Julian is
exploring the concept of deeding the St. Sebastian
PUD to First Union in full satisfaction of his
mortgage, that they had inquired what the City would
want to release any interest it had in the property
as second lienholder in accordance with Main Street
realignment agreement, said he had suggested that
First Union make an offer for City Council to
consider. He said he will keep city Council
apprised of all future developments.
Discuss Procedure m GDU Rate Hearing
~ Backup)
The City Attorney reported on the engagement of
Rachlin and Cohen to review the rate increase request
from GDU, stated GDU says it will accept the rates
recommended by the consultants, recommended City
Council conduct the hearing and advised it on
criteria it should consider, i.e., determining
quality of water issues, service complaints, costs of
the system itself and as adjusted, operating costs
for the system, reasonable rate of return on the
investment that the utility has made. He advised on
general hearing procedures to follow to take evidence
9
Regular City Council Meeting
August 11, 1993
Page Ten
from the public, GDU, staff and consultants in that
order. He recommended that the record be kept open
for receipt of written submissions for a period of
time as established by City Council (suggested August
30 at 4:30 p.m.) and then deliberate in early
September and enter an order, unless City Council
feels comfortable making certain findings of fact and
decisions at the hearing.
TAPE II - SIDE I (8:38 p.m.)
The Finance Director said she had reviewed the GDU
rate case which is on file in the city Clerk's
office and invited City Council members to meet with
her with any questions.
Mayor Powell called recess at 8:45 p.m. and
reconvened the meeting at 9:00 p.m. Ail members were
present.
13. CIT~ MANAGER MATTERS
The city Clerk/Acting city Manager announced that the
Personnel Director had requested a preliminary
executive caucus prior to further union negotiations.
The caucus was scheduled for Tuesday, August 17, 1993
at 6:00 p.m. in the City Manager's Conference Room.
The city Clerk/Acting City Manager reported on
City Council directives to staff during the month of
July. She advised that staff recommendation on
special use permit procedures will be on the August
25, 1993 agenda.
14. COMMITTEE REPORTS/R~COMMENDATION~
A. POLICE PENSION BOARD
93.242
Appoint ~ Member in Lie~ of Napier
Resignation ~City Clerk Transmittal dated
8/~/93, Gore Letter ~ated 7/14/93. ~ection
58-51 Code of Ordinances, Board Member List)
Mr. Oberbeck asked if a formal resignation had been
submitted by Mr. Napier and was informed that it had
not. He suggested that this item be postponed to
allow staff to contact Mr. Napier and following a
brief discussion it was postponed until the September
workshop.
10
Regular City Council Meeting
August 11, 1993
Page Eleven
15. OLD BUSINESS
None.
16. NEW ~USINESS
93.243 A.
93.244
93.245
Laconia Street - C~ ~ - Cit~ Engineer Report
- Information Purposes ~ [City Engineer
Transmittal dated 7/29J93)
No action was required.
Barber Street Sport~ Complex Budget - city
~nqineer Report - Information Purposes ~ ¢Cit~
Engineer Transmittal dated 7/29/93~
No action was required.
Bid Specifications for Window Replacement in ci__~
Hall (Director of Community DeveloDment
Transmittal dated 8/2/93)
Ed Gilcher, Emergency Management volunteer, urged
approval of the improvement and offered
recommendations.
George Metcalf, 425 Pine Street, Sebastian,
recommended that specifications be written by an
architect.
The Director of Community Development recommended
that this be bid out to a general contractor,
discussed open versus fixed windows, safety issues
and reopening sealed windows.
City Council discussion took place.
MOTION by Freeland/Damp
I make a motion that we authorize the staff to
bid the new windows and shutters for City Hall.
ROLL CALL:
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 4-1 (Corum - nay)
TAPE II - SIDE II (9:44 p.m.)
11
Regular City Council Meeting
August 11, 1993
Page Twelve
93.246/ D.
92.179
93.247
Set Public Hearing for September 8~ 1993 to Amend
~enry A. Fischer Mulch/Burn Special Use
Permit Adopted b__y Resolutio~ No. R-92-33 t__o
Enlarge Area and Chang~ ~xpiration ~at9 [Director
o__f Community Development Transmittal dated
7/29/93, Application. ~ischer Letters dated
6/24/93 and 7/30/92~ DCD Letter dated 6/11/93, R-
9~-33~ DCD Letter 7/30/93)
John Revela, 429 Georgia Boulevard, and A1 Vilardi,
445 Georgia Boulevard, Sebastian addressed City
Council on this issue.
MOTION by Corum/Oberbeck
I make a motion to set the public hearing for
September 8, 1993 to consider a special use permit
for Henry A. Fischer.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
Ee
City Clerk Compensation A__s Acting City Manage=
(City Clerk Transmittal dated 8/6/93, 8~4/93
Minutes3
Mayor Powell said he had asked that this be put on
the agenda based on action at the last meeting.
MOTION by Oberbeck/Corum
I would again move to compensate the city Clerk
by 20% of her salary for the duration of time she is
the Acting city Manager.
Following a brief discussion, motion was made.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - nay
Mrs. Damp - nay
MOTION CARRIED 3-2 (Corum, Damp - nay)
12
Regular City Council Meeting
August 11, 1993
Page Thirteen
93.248
17.
INTRODUCTION OF NEWBUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
RiCk Giteles_- Sebastian River Area Chamber of
Commerce ~ Negotiate Possibl~ Duildinl
Exchange - Chamber of ~om~erce/Old Library
[Giteles Lette~ ~ated 7/21J93~ city Attorney
Letter dated 5/13/93z city Manager Lett~=
6/22/93)
Mrs. Corum was excused from 9:53 p.m. to 9:55 p.m.
John Revela, 429 Georgia Boulevard, Sal Neglia, 461
Georgia Boulevard, A1 Vilardi, 445 Georgia Boulevard,
all of Sebastian, addressed City Council on the issue.
Rick Giteles, Chamber of Commerce, presented his
request to City Council to negotiate the exchange of
property. He said tax assessors records show that
the parking lot behind the Chamber of Commerce
building is owned by the Chamber of Commerce and
submitted a survey of the site.
The City Attorney gave a brief history and offered
options. City Council discussion followed.
Mayor Powell was excused from 10:18 p.m. to 10:20
p.m.
Mr. Oberbeck asked that this be held in abeyance for
six months and discussion continued.
Mr. Freeland was excused from 10:21 p.m. to 10:22
p.m.
It was the general opinion of City Council to hold
this in abeyance while the City considers other
financial issues and give the Chamber of Commerce
first consideration.
93.249 B.
John Malek ~ Sebastian River ~ Chamber of
Commerce ~ Request Use of River¥iew Park and
Yacht Club "Santa's Sail ~ lCity Clerk
Transmittal dated 7/29/93, Malek Letter dated
7/29/93)
TAPE III - SIDE I (10:30 p.m.)
13
Regular City Council Meeting
August 11, 1993
Page Fourteen
John Malek, Chamber of Commerce, requested a
consensus of City Council on the idea of Christmas
festivities at Riverview Park. It was the consensus
of city Council to concur with the request and
directed Mr. Malek to keep City Council informed.
At 10:30 p.m. motion was made.
MOTION by Damp/Oberbeck
I move to extend the meeting for ten minutes.
VOICE VOTE on the motion carried 5-0.
93.250 C.
18.
Don Berteag - Computer Operator ~osition
(Advertisement and Job Description)
Don Berteau, Englar Drive, questioned procedures in
regard to recent advertising for a computer operator.
The Personnel Director explained the procedures that
she used in regard to filling this position.
Being no further business, Mayor Powell adjourned the
meeting at 10:40 p.m.
Approved at the
City Clerk
~0~ . , 1993, city Council
Meeting. ~ .. ~/
14