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HomeMy WebLinkAbout08261992 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 26, 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 INVOCATION - Father Salazar, St. Sebastian Catholic Church 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 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 92.236 92.237 92.020 92.238 92.230 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. RESOLUTION NO. R-92-36 - Permit and Certificate of Public Convenience and Necessity - Treasure Coast Shuttle (City Clerk Recommendation dated 8/21/92, City Clerk Memo dated 8/21/92, R-92-36, Application w/ Backup) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO TREASURE COAST SHUTTLE; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE CODE OF THE CITY OF SEBASTIAN; AND ALL PUBLIC LAWS; PROVIDING FOR LIABILITY iNSURANCE; ESTABLISHING RATES FOR SERVICE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 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. Approval of Minutes - 8/8/92 Budget Workshop, 8/12/92 Regular Meeting Paradise Homes of Indian River, Inc. - Specimen Tree Removal Request - Two Oaks - Lot 3, Block 396, Unit 11, Sebastian Highlands (Staff Recommendation dated 8/13/92, Application, Endangered Species Form, Survey) Teens Against Boredom - Request Six Month Extension of Use of City Facility to 12/22/92 (Staff Recommendation dated 8/7/92, Hale Letter dated 8/7/92) Francine DeMarzo - Wedding Reception - Yacht Club 2/12/92 - 2:30 p.m. to 6:30 p.m. - A/B - Permittee DOB 1/2/69 (Application) March of Dimes - Approve Use of Riverview Park - 11/21/92 - Second Annual Fall Walk Event (Staff Recommendation dated 8/20/92, Caballero Letter dated 8/19/92) 10. PRESENTATIONS - None 2 11. MAYOR AND CITY COUNCIL MATTERS 92.239 92.196 92.240 92.241 91.061 92.242 92.243 12. 13. A. Mr. Frank Oberbeck B. Mrs. Carolyn Corum C. Dr. Peter R. Holyk D. Mr. George G. Reid E. Mayor Lonnie R. Powell CITY ATTORNEY MATTERS CITY MANAGER MATTERS Indian River County/Veto Beach Recreation Report (City Manager Recommendation dated 8/20/92, DMG "Executive Summary" dated July 1992, City Manager Letter dated 5/18/92) Communications Workers of America Contract - Establish Hearing Date (City Manager Recommendation dated 8/20/92, Smith Letter dated 8/19/92) 14. COMMITTEE REPORTS/RECOMMENDATIONS 15. A. Planning and Zoning Commission Accept Resignations of Jim Wadsworth and Mayme O'Connor Appointments to Vacant Positions (Staff Recommendation dated 8/18/92, P & Z Memos dated 7/7/92 and 8/7/92, Resignation Letters) OLD BUSINESS Louisiana Avenue/Schumann Drive Studies (Staff Recommendation dated 8/20/92) 16. NEW BUSINESS Engagement of Auditors - Hoyman, Dobson & Co. for FY Ended 9/30/92 - $34,600 (Staff Recommendation dated 8/4/92, Engagement Letter) Bid Award - Cemetery Niches - Newton Construction Corporation - $17,280 (Staff Recommendation dated 8/20/92) 3 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) 18. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANYMATTER 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 AUGUST 26, 1992 REGULAR CITY COUNCIL MEETING INTRODUCTION OF BUSINESS FROM THE PUBLIC SIGNUP SHEET (Use this form ~ for presentation of matters ~OT on the prepared agenda. Introduction of Business from the Public is the last item on the agenda) s " ' :? .., ~"'/ ~. '; - .,-- . 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 D FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 26, 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. 3. Invocation was given by Father Salazar, St. Sebastian Catholic Church. 4. ROLL CALL Present: Mayor Lonnie Powell Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Dr. Peter Holyk Mr. George Reid Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper City Engineer/PW Director, Dan Eckis Finance Director, Mike Hudkins City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting August 26, 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). Mr. Oberbeck requested to make a presentation under Proclamations/Announcements. Mrs. Corum requested to speak on the Hurricane Andrew disaster under that same item. 6. PROCLAMATIONS AND~OR ANNOUNCEMENTS Mr. Oberbeck presented a DARE flag to Mayor Powell on behalf of Sheriff Dobeck and explained the drug abuse resistance program. Each Council member expressed his/her concern for victims of Hurricane Andrew, and urged citizens to provide assistance. The City Manager commended those who were involved in local hurricane preparedness. It was the consensus of City Council to authorize the Director of Community Development to go to Dade County tO give technical assistance. PUBLIC NEARING, 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. Regular City Council Meeting August 26, 1992 Page Three 92.236 A. RESOLUTION NO. R-92-36 - Permit and Certificate of Public Convenience and Necessity - Treasure Coast Shuttle (City Clerk Recommendation dated 8/21/92, City Clerk Memo dated 8/21/92, R-92-36, Application w/ Backup) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO TREASURE COAST SHUTTLE; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE CODE OF THE CITY OF SEBASTIAN; AND ALL PUBLIC LAWS; PROVIDING FOR LIABILITY INSURANCE; ESTABLISHING RATES FOR SERVICE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. This item was postponed to September 2, 1992 special meeting because of an error in the public hearing notice. 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. Approval of Minutes - 8/8/92 Budget Workshop, 8/12/92 Regular Meeting 92.237 Paradise Homes of Indian River, Inc. - Specimen Tree Removal Request - Two Oaks - Lot 3, Block 396, Unit 11, Sebastian Highlands (Staff Recommendation dated 8/13/92, Application, Endangered Species Form, Survey) 92.020 Teens Against Boredom - Request Six Month Extension of Use of City Facility to 12/22/92 (Staff Recommendation dated 8/7/92, Hale Letter dated 8/7/92) 92.238 Francine DeMarzo - Wedding Reception - Yacht Club 9/12/92 - 2:30 p.m. to 6:30 p.m. - A/B - Permittee DOB 1/2/69 (Application) 3 Regular City Council Meeting August 26, 1992 Page Four 92.230 E. 10. March of Dimes - Approve Use of Riverview Park - 11/21/92 - Second Annual Fall Walk Event (Staff Recommendation dated 8/20/92, Caballero Letter dated 8/19/92) The City Manager read the consent agenda in its entirety. Mr. Oberbeck and Dr. Holyk removed item C; Mrs. Corum removed item A. MOTION by Oberbeck/Holyk I would move to approve items B, D and E of the consent agenda. VOICE VOTE on the motion carried 5-0. Item A Mrs. Corum requested that the word "consensus" not be used on page three of the August 8, 1992 Budget Workshop minutes relative to the City Clerk's budget, since she had voted no on the $3500 for employee incentive. MOTION by Corum/Oberbeck I move to approve item A. VOICE VOTE on the motion carried 5-0. Item C Discussion took place on whether Teens Against Boredom are fully utilizing the building and whether a formalized lease is needed. It was noted that adult supervision was needed and that it may be possible in the future to tie the TAB use and the proposed youth center ad3acent to BSSC together. MOTION by Oberbeck/Holyk I would move to approve item C of the consent agenda. VOICE VOTE on the motion carried 5-0. PRESENTATIONS None. 4 Regular City Council Meeting August 26, 1992 Page Five 11. MAYOR AND CITY COUNCIL MATTERS A. Mr. Frank Oberbeck Mr. Oberbeck requested progress reports on: the Elkcam Dam seawall; Laconia Street; removal of abandoned business signs; meeting schedule for Wentworth ditch; and placement of barricades at the old police station site. Responses were as follows: Elkcam Dam settlement negotiations are being finalized; problems still exist with Roseland Road, however engineering is being finalized on Laconia; staff can take action on non-conforming or abandoned signs and is considering an ordinance; a September 10, 1992 meeting has been scheduled at 7:00 p.m. relative to Wentworth ditch; "no parking" signs have been posted at the old police station site, however, staff was hesitant to barricade the area due to location of a water fill. B. Mrs. Carolyn Corum Mrs. Corum suggested local sand be used for the proposed volleyball court and was advised that it was too light and abrasive. C. Dr. Peter R. Holy~ Dr. Holyk said he would make an effort to attend the MPO meeting on September 3, 1992; (TAPE I - SIDE II) and inquired what progress is being made on the request for a traffic light on CR 512 at the Chessers Gap plaza. The City Manager said he would follow through. D. Mr. George G. Reid Mr. Reid urged citizens to acquire facts before making erroneous statements; requested a progress report on the "Sebastian dump"; and inquired as to what was being done about ducks in residential areas. The Director of Community Development responded that he would pursue resolving the dumping problem and would contact Fish and Game regarding the ducks. 5 Regular City Council Meeting August 26, 1992 Page Six 92.239 E. Mayor Lonnie R. Powell Mayor Powell suggested that guard rails be placed on Laconia Street and expressed concern for traffic problems on CR 512 at the Chessers Gap plaza. Dr. Holyk excused from 8:02 p.m. to 8:05 p.m. It was the consensus of City Council for staff to pursue the possibility of alternate ingress and egress to the plaza. Mayor Powell called recess from 8:15 p.m. to 8:27 p.m. All members were present. 12. CITY ATTORNEY MATTERS The City Attorney cautioned citizens regarding people soliciting door to door for hurricane relief. 13. CITY MANAGER MATTERS Indian River County/Veto Beach Recreation Report (City Manager Recommendation dated 8/20/92, DMG "Executive Summary" dated July 1992, City Manager Letter dated 5/18/92) Following a lengthy presentation by the City Manager, (see summary attached), citing recommended options for the city to follow in regard to the lack of Indian River County recreation funding for the City of Sebastian, it was the consensus of City Council that the City Manager should pursue the matter further. TAPE II - SIDE I The City Manager urged attendance at the Indian River County budget public hearings. Regular City Council Meeting August 26, 1992 Page Seven 92.196 B. Communications Workers of America Contract - Establish Hearing Date (City Manager Recommendation dated 8/20/92, Smith Letter dated 8/19/92) Following a brief explanation by the City Manager, the City Council scheduled the CWA hearing for September 3, 1992 at 5:00 p.m. and directed the City Manager to contact the city's labor attorneys and CWA to confirm the date. It was decided to opt for September 4, 1992, if necessary. 14. COMMITTEE REPORTS/RECOMMENDA?IONS A. Planning and Zoning Commission 92.240 Accept Resignations of Jim Wadsworth 9nd Mayme O'Connor MOTION by Corum/Oberbeck I move to accept the resignations of Jim Wadsworth and Mayme O'Connor with regret. VOICE VOTE on the motion carried 5-0. 92.241 Appointments to Vacant Positions (Staff Recommendation dated 8/18/92, P & Z Memos dated 7/7/92 and 8/7/92, Resignation Letters) MOTION by Corum/Oberbeck I move that we accept Mrs. Norma Damp to fill Mr. Wadsworth's spot until June of '94. VOICE VOTE on the motion carried 5-0. MOTION by Corum/Holyk I move we accept Mr. Arthur Firtion as a member to fill Mrs. Mayme O'Connor's term till December of 1992. ROLL CALL: Mr. Oberbeck nay Mrs. Corum aye Dr. Holyk aye Mr. Reid nay Mayor Powell nay MOTION FAILED 2-3 (Oberbeck, Reid, Powell - nay) Mr. Oberbeck asked that this item be postponed to September 2, 1992 for better information. 7 Regular City Council Meeting August 26, 1992 Page Eight It was noted that the third recommendation to fill Mr. Firtion's alternate position would also have to be postponed. MOTION by Oberbeck/Holyk I would move to postpone to the September 2nd workshop to make a decision on filling Mayme O'Connor's position. ROLL CALL: Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye MOTION CARRIED 5-0. 15. OLD BUSINESS 91.061 Louisiana Avenue/Schumann Drive Studies (Staff Recommendation dated 8/20/92) The City Engineer said he had received construction drawings on Schumann drainage design and will provide a report to City Council at a meeting in the near future. 16. NEW BUSINESS 92.242 Engagement__°f Auditors - Hoyman, Dobson & Co. for FY Ended 9/30/92 - $34,~00 (Staff Recommendation dated 8/4/92, Engagement Letter) MOTION by Oberbeck/Reid I would move to approve the engagement of Hoyman, Dobson & Co. for the fiscal year ended September 30, 1992 in the amount of $34,600. ROLL CALL: Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye MOTION CARRIED 5-0. 8 Regular City Council Meeting August 26, 1992 Page Nine 92.243 B. Bid Award_- Cemetery Niches _- Newton Construction Corporation - $17,280 (Staff Recommendation dated 8/20/92) MOTION by Oberbeck/Holyk I move to award the cemetery niches contract to Newton Construction Corporation in the amount of $17,280. ROLL CALL: Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye MOTION CARRIED 5-0. Discussion took place on establishment of niche rates and staff noted that the entire rate structure would be reviewed and brought back to City Council. 17. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-Sg-30 Limit of Ten Minutes for Each Speaker) John Kanfoush, 1437 Seahouse Street, Sebastian, requested installation of a basketball court at Barber Street Sports Complex. The City Manager said staff would review this and give City Council a cost estimate. A1Vilardi, 445 Georgia Boulevard, Sebastian, discussed the legality of some political signs (TAPE II - SIDE II), the Director of Community Development assisting in Dade County, scrub 3ays, City Council cable audio deficiencies caused by not speaking directly into the mike, the possibility of underground electrical lines, and a newspaper article regarding Kashi Ranch. 18. Being no further business, Mayor Powell adjourned the meetin~at 9:40 p.m. Approved at the ~~c~ ~~2 ~~ Cou~9.~Meeting. Lon~e R. ~-O~ell,~/Mayor - Kathr~ M~ O'Halloran, City Clerk 9