HomeMy WebLinkAbout09091992 City of Sebastian
POST OFFICE BOX 780127 r~ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
92.244
92.245
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, SEPTEMBER 9, 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 - Reverend Donald Swope - Sebastian
Presbyterian 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-89-59).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
A. Proclamation - Federal Constitution -
September 17 - 23, 1992 - Constitution Week
(Betty Bock Will Accept Proclamation)
B. Proclamation - Prostate Cancer Awareness Program
September 29 - October 11, 1992
(Dr. Joseph Crawford & Mrs. Verona Moseley
Will Accept Proclamation)
92.246
92.247
7. PUBLIC HEARING, FINAL ACTION
10.
12.
13.
A. CWA Impasse Hearing (8:00 P.M.)
(City Manager Recommendation Dated 9/3/92, Linn
Letter Dated 8/27/92, Impasse Hearing Procedure,
Section 447.403 (4) (c), FL Statutes, McClary
Memo Dated 09/01/92)
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 separa~e-~iscussion of--
consent agenda items unless a member of City Council
so requests; in which event,-the item will be removed
and acted u_pon separately.
A. Approval of Minutes - 8/26/92 Regular Meeting,
PRESENTATIONS
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
CITY ATTORNEY MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
Planning & Zoning Commission - Fischer Island
Subdivision Plan Modification (City Manager
Recommendation Dated 9/1/92, Memo from P & Z
Dated 8/31/92, Letter from Dr. Henry A. Fischer
Dated 7/22/92 With Backup Material)
14. OLD BUSINESS
15. NEW BUSINESS
92.248
ORDINANCE NO. 0-92-16 - Amending Sections of
Chapter 27 of Code of Ordinances - Utilities
(City Manager Recommendation Dated 9/3/92,
Staff Analysis of Amendments To Utility
Ordinance, Ordinance O-92-16)
1ST READING - SET PUBLIC HEARING FOR 9/23/92
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
VARIOUS SECTIONS OF CHAPTER 27 OF THE CODE OF
ORDINANCES, RELATING TO "UTILITIES" BY AMENDING
DEFINITIONS; AMENDING SECTION 27-5 RELATING TO
OPERATING AND TESTING; CREATING REQUIREMENT FOR
SERVICE AVAILABILITY POLICY; CREATING GUIDELINES
FOR DESIGNING SERVICE AVAILABILITY POLICY; CREATING
PROCEDURE FOR IMPUTING CONTRIBUTIONS-IN-AID-OF-
CONSTRUCTION; CREATING SECTION 27-10 RELATED TO
APPLICATIONS; PROVIDING SEVERABILITY CLAUSE;
PROVIDING FOR CONFLICTS; PROVIDING FOR ATTORNEYS'
FEES; PROVIDING FOR CODIFICATION AND PROVIDING AN
EFFECTIVE DATE.
92.249
92.250
92.251
RESOLUTION R-92-39 - Job Description for Building
Inspector I and Building Inspector II
(City Manager Recommendation Dated 9/3/92,
Resolution R-92-39 With Exhibits A & B, Job
Description For Building Inspector II, Step Plan)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING NEW JOB DESCRIPTIONS FOR
THE POSITIONS OF BUILDING INSPECTOR I AND BUILDING
INSPECTOR II; PROVIDING FOR INCLUSION OF SUCH JOB
DESCRIPTIONS IN THE CITY OF SEBASTIAN STANDARD
OPERATING PROCEDURES; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PART OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
C. Waive Bidding Procedure - Approve Contracting the
Verti-Cutting of the Golf Course to the Barrar
Verti Cutting Service in the amount of S5,500.00.
(City Manager Recommendation Dated 9/3/92, Memo of
Jim DeLarme, Pro-Manager & Chris McCarthy, Greens
Supt.)
D. Bid Award - Golf Pro-Shop Renovations - Lowest
and Best Bidder - Art Krieger Construction of
Veto Beach - $27,457.60 (City Manager
Recommendation Dated 9/3/93, Bid Tabulation,
Memo From Pro/Manager)
16. CITY MANAGER MATTERS
17.
Bt
Amendments To Beauty Shop Occupational Licenses
(City Manager Recommendation Dated 9/3/92, Excerpt
of Minutes of 12/4/91 Meeting)
"Pending" List Status
(City Manager Recommendation Dated 9/3/92,
"Pending" List With Comments & Recommendations)
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda L B_~ 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.)
SEPTEMBER 9, 1992 REGULAR CITY COUNCIL MEETING
CWA HEARING
SIGNUP SHEET
Members of the public will have an opportunity to comment
following the parties' presentations. Public comment should be
directed to issues involved in this .impasse hearing, and not to
any other issues. In view of the late hour and the other matters
the City Council will be considering this evening, public comment
will be limited to a TOTAL of ten minutes. All persons who
desire to speak during the public comment portion of the meeting
will be asked to identify themselves. The time for each speaker
will be allocated accordingly.
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:
SEPTEMBER 9, 1992 REGULAR CITY COUNCIL MEETING
PUBLIC INPUT ON AGENDA ITEMS
SIGNUP SHEET
(Use this form ~LF for input on items on the prepared agenda
except for public hearings which have their own signup sheets.
If you wish to speak during the actual discussion of the matter
rather than during "Public Input on Agenda Items" please note.)
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:
NAME:
ADDRESS:
SUBJECT:
SEPTEMBER 9, 1992 REGULAR CITY COUNCIL MEETING
INTRODUCTION OF BUSINESS FROM THE PUBLIC
SIGNUP SHEET
(Use this form O~LF for presentation of matters ~f on the
prepared agenda. Introduction of Business from the Public is the
last item on the agenda)
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:
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, SEPTEMBER 9, 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 Reverend Donald Swope,
Sebastian Presbyterian Church.
4. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank 0berbeck
Mrs. Carolyn Corum
Mr. George Reid
Absent:
Dr. Peter Holyk (excused)
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
Finance Director, Mike Hudkins
Golf Course Manager, Jim DeLarme
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Male
Regular City Council Meeting/CWA Hearing
September 9, 1992
Page Two
92.245
92.244
92.246
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).
None.
PROCLAMATIONS AND/OR ANNOUNCEMENTS
Proclamation L Prostate Cancer Awareness Program
September 29 - October 11, 1992
(Dr. Joseph Crawford & Mrs. Verona Moseley
Will Accept Proclamation)
Mayor Powell read and presented the proclamation to
Virginia Mosely and Dr. Crawford.
Proclamation - Federal Constitution -
September 17 - 23, 1992 - Constitution Week
(Betty Bock Will Accept Proclamation)
Mayor Powell read and presented the proclamation to
Betty Bock.
PUBLIC HEARING, FINAL ACTION
CWA Impasse Hearing (8:00 P.M.)
(City Manager Recommendation Dated 9/3/92, Linn
Letter Dated 8/27/92, Impasse Hearing Procedure,
Section 447.403 (4) (c), FL Statutes, McClary
Memo Dated 09/O1/92)
This item was by-passed until 8:00 p.m.
8. PUBLIC iNPUT ON AGENDA ITEMS
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.
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 - 8/26/92 Regular Meeting
2
Regular City Council Meeting/CWA Hearing
September 9, 1992
Page Three
10.
11.
12.
MOTION by Corum/Oberbeck
I move to approve the minutes from the August 26,
1992 Regular Meeting.
VOICE VOTE on the motion carried 4-0. (Holyk absent)
PRESENTATIONS
None.
MAYOR AND CITY COUNCIL MATTERS
A. Mayor Lonnie R. Powell
None.
B. Mr. Frank Oberbeck
The Director of Community Development, in response to
Mr. Oberbeck, gave an update of city acceptance of
perpetual maintenance of streets in Point-O-Woods
Subdivision.
C. Mrs. Carolyn Corum
The City Manager, in response to Mrs. Corum, said the
Indian River County Commission had allocated $90,000
for Barber Street Sports Complex during its budget
public hearing this evening.
D. Dr. Peter ~. Holyk
Absent.
E. Mr. George G. Reid
None.
CITY ATTORNEY MATTERS
The City Attorney gave a progress report on the
requested occupational license fee amendment for
beauty shops and said it would be presented at the
next regular meeting for first reading; and reported
that the proposed Charter amendments have been
submitted to the City Manager and City Clerk.
3
oO
Regular City Council Meeting/CWA Hearing
September 9, 1992
Page Four
13. COMMITTEE REPORTS/RECOMMENDATIONS
92.247 A.
14.
15.
92.248
Planning ~ Zoning Commission - Fischer Island
Subdivision Plan Modification--(City Manager
Recommendation Dated 9/1/92, Memo from P & Z
Dated 8/31/92, Letter from Dr. Henr~ A. Fischer
Dated 7/22/92 With Backup Material)
Following a brief discussion motion was made.
MOTION by Corum/Oberbeck
I make a motion that Council approve the Fischer
Island Subdivision Plan Modification sub3ect to the
statement by Planning and Zoning. (see attached)
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk absent
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 4-0. (Holyk - absent)
OLD BUSINESS
None.
NEW BUSINESS
ORDINANCE NO. 0-92-16 -'Amending Sections of
Chapter 27 of Code of Ordinances - Utilities
(City Manager Recommendation Dated 9/3/92,
Staff Analysis of Amendments To Utility
Ordinance, Ordinance 0-92-16)
1ST READING - SET PUBLIC HEARING FOR 9/23/92
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
VARIOUS SECTIONS OF CHAPTER 27 OF THE CODE OF
ORDINANCES, RELATING TO "UTILITIES" BY AMENDING
DEFINITIONS; AMENDING SECTION 27-5 RELATING TO
OPERATING AND TESTING; CREATING REQUIREMENT FOR
SERVICE AVAILABILITY POLICY; CREATING GUIDELINES
FOR DESIGNING SERVICE AVAILABILITY POLICY; CREATING
PROCEDURE FOR INPUTTING CONTRIBUTIONS-IN-AID-OF-
CONSTRUCTION; CREATING SECTION 27-10 RELATED TO
APPLICATIONS; PROVIDING SEVERABILITY CLAUSE;
PROVIDING FOR CONFLICTS; PROVIDING FOR ATTORNEYS'
FEES; PROVIDING FOR CODIFICATION AND PROVIDING AN
EFFECTIVE DATE.
4
Regular City Council Meeting/CWA Hearing
September 9, 1992
Page Five
The City Attorney read Ordinance NO. 0-92-16 by title
only.
MOTION by Oberbeck/Reid
I would move that we approve the first reading
and set the public hearing for September 23, 1992 on
Ordinance No. O-92-16.
ROLL CALL:
Mrs. Corum aye
Dr. Holyk absent
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
MOTION CARRIED 4-0. (HOlyk - absent)
92.249
RESOLUTION R-92-39 - Job Description for Building
Inspector I and Building Inspector II
(City Manager Recommendation Dated 9/3/92,
Resolution R-92-39 With Exhibits A & B, Job
Description For Building Inspector II, Step Plan)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING NEW JOB DESCRIPTIONS FOR
THE POSITIONS OF BUILDING INSPECTOR I AND BUILDING
INSPECTOR II; PROVIDING FOR INCLUSION OF SUCH JOB
DESCRIPTIONS IN THE CITY OF SEBASTIAN STANDARD
OPERATING PROCEDURES; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PART OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-92-39 by
title only.
Mr. Reid urged that more job descriptions be reviewed
and amended when the Personnel Director is on board.
MOTION by Oberbeck/Corum
I would move to approve Resolution No. R-92-39.
ROLL CALL:
Dr. Holyk absent
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
MOTION CARRIED 4-0. (Holyk - absent)
5
Regular City Council Meeting/CWA Hearing
September 9, 1992
Page Six
92.250 C.
92.251
TAPE I
SIDE II
Waive Bidding Procedure_- Approve Contracting the
Verti-Cutting of the Golf Course to the Barrar
Verti Cutting Service in the amount of 85,500.00.
(City Manager Recommendation Dated 9/3/92, Memo of
Jim DeLarme, Pro-Manager & Chris McCarthy, Greens
Supt.)
The Golf Course Manager gave a brief explanation for
the requested verti-cutting services.
MOTION by Corum/Oberbeck
I make a motion that we waive the bidd±ng
procedure for the verti-cutting of the Golf Course
for this year in the amount of $5,500.
ROLL CALL:
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk absent
MOTION CARRIED 4-0. (HOlyk - absent)
Bid Award - Golf Pro-Shop Renovations - Lowest
and Best Bidder - Art Krieger Construction of
Vero Beach_- $27,457.60 (City Manager
Recommendation Dated 9/3/93, Bid Tabulation,
Memo From Pro/Manager)
A brief discussion took place relative to references
for the recommended contractor and source of funding.
MOTION by Oberbeck/Corum
I would move to award the bid for Golf pro-shop
renovations to the low bidder Art Krieger
Construction of Veto Beach in the amount of
$27,457.60.
ROLL CALL:
Mayor Powell aye
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk absent
Mr. Reid aye
MOTION CARRIED 4-0. (Holyk - absent)
6
Regular City Council Meeting/CWA Hearing
September 9, 1992
Page Seven
16. CITY MANAGER MATTERS
Amendments To Beauty Shop Occupational Licenses
(City Manager Recommendation Dated 9/3/92x Excerpt
of Minutes of 12/4/91 Meeting)
The City Manager noted that this item had been
discussed under City Attorney matters and would be
brought to a regular meeting for first reading.
"Pending" List Status
(City Manager Recommendation Dated 9/3/92,
"PendinG" List With Comments & Recommendations)
A brief discussion took place on certain items on the
"pending" items list and City Council concurred with
the City Manager's recommendation to review the list
with the City Clerk, make comments and report back to
City Council.
TAPE II
SIDE I
Mayor Powell recessed the meeting at 7:52 p.m. and
reconvened for the CWA hearing at 8:05 p.m. All
members of City Council were present with the
exception of Dr. Holyk, who had an excused absence.
PUBLIC HEARING, FINAL ACTION
92.246
CWA Impasse Hearing (8:00 P.M.)
(City Manager Recommendation Dated 9/3/92, Linn
Letter Dated 8/27/92, Impasse Hearing Procedure,
Section 447.403 (4) (c), FL Statutes, McClary
Memo Dated 09/01/92)
Mayor Powell explained procedures.
James W. Linn, Carson, Linn & Adkins, addressed City
Council on behalf of the City.
Rodney W. Smith, Smith & Fletcher, P.A., addressed
City Council on behalf of the CWA.
Subsequent to deliberation by City Council, motion
was made as follows:
Mr. Linn advised that City Council "entertain a motion
to adopt all of the other parts of the agreement,
except for this issue involving the insurance buyout
for part-time employees."
MOTION by Oberbeck/Reid
I would move to that effect.
7
Regular City Council Meeting/CWA Hearing
September 9, 1992
Page Eight
ROLL CALL:
Mr. Oberbeck aye
Mrs. Corum aye
Dr. Holyk absent
Mr. Reid aye
Mayor Powell aye
MOTION CARRIED 4-0. (Holyk - absent)
MOTION by Corum/Oberbeck
I make a motion that we deny the buyout for the
insurance for part-time employees.
A brief discussion ensued, and in response to Mr.
Reid's question "If we decided to, in the future, say
increase the hourly rates of certain part-time
employees based on what other part-time employees
around the state are making, it would not then be
deemed discriminatory, in your opinion", Jim Linn
shook his head and said, from the floor, "I don't
think it would be".
ROLL CALL:
Mrs. Corum aye
Dr. Holyk absent
Mr. Reid aye
Mayor Powell aye
Mr. Oberbeck aye
MOTION CARRIED 4-0. (Holyk - absent)
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)
None.
18.
Being no further business, Mayor Powell adjourned the
meeting at 8:48 p.m.
Approved at the ~~ , 1992~-9~,~_~ Council~eeting.
oran, City Clerk
8