HomeMy WebLinkAbout09111996 City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, SEPTEMBER 11, 1996
7:00 P.M. OR SOON THEREAFTER
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y 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 if they have signed the sign-up sheet provided prior to the meeting - limit often
minutes per speaker (R-95-33)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - No One Available
4. ROLLCALL
AGENDA MODIFICATIONS (ADDITIONS AND/OR DEI~ETIONS)
Items not on the written agenda may be added only upon unanimous consent of the Council
members present (R-95-33)
6. PROCLAMATIONS, ANNOUNCEMI~/qTS AND/OR ~PRESENTATIONS
96.194/
95.147
Hoyman, Dobson & Company - Review of Golf Course Policy and Procedure Manual
(City Manager Transmittal 9/4/96, Accountant's Recommendations, Staff Response)
96,195
Tree Advisory Board Presentation (Community Development Transmittal 9/4/96, Tree
Maintenance Manual, Field Cards)
96.196/
96.198
96.199
96.200
10.
CITY ATTORNI~Y MATTERS
CITY MANAGERjVJ~TTERS
CONSENT AGENDA
All items on the consent agenda are considered to be routine and wili 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 - 8/28/96 Workshop, 8/28/96 Regular, 8/29/96 Cable Forum
Adopt Resolution No. R-96-65 - Blue Cross/Blue Shield Renewal Rates - Ogti01~ ;2 94.181
(fIo~an Resources Director Transmittal 8/27./96. R-96-65)
RESOLUTION NO. R-96-65
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT, ON BEHALF OF
THE CITY OF SEBASTIAN, THE NEW BLUE CROSS/BLUE SHIELD HEALTH
INSURANCE PREMIUM RATES; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
Bid Award - Public Works Engineering Blueprint Copier Counter Top Model 7050 w/out
Stand - OCE'~USA Inc. of Orlando - $5,327 (Public Works Transmittal 9/5/96, Bid
Summary and Tabulation Sheet, Warranty/Guarantee Information, Bid Documenents
on File in City Clerk's Office)
Schedule Workshop for 9/25/96 at 6:00 p.m. - Discuss Private Use of City Owned
Property or Interests (City Manager Transmittal 9/5/96)
Eo
April Crocker - Wedding Reception - Community Center Request - 10/26/96 - 5:00 p.m.
to 9:00 p.m. - A/B - Security Paid (City Clerk Transmittal 9/4/96, Application)
PUBLIC HEARING
Procedures for public hearings: (R-95-33)
· Mayor Opens Hearing
° Attorney Reads Ordinance or Resolution
StaffPresentation
° Public Input - Limit oflOMinutes Per Speaker
° Staff Summation
° Mayor Closes Hearing
· Council Action
Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, lVhen Called go to the Podium and State
His/Her Name for the Record
2
96.191
96.171
96.201
96.202
96.203
96.204
11.
ho
First Public Heaj-ing - Ordinance No. 0-96-25 - Mini-Storage Facilities - Second Public
Scheduled for ~9/29/96
ORDINANCE NO, 0-96-25
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING
CONDITIONAL LAND USE IN COMMERCIAL PLANNED UNIT DEVELOPMENT,
PERMITTED LAND USE IN THE INDUSTRIAL DISTRICT, PROVIDING FOR A
DEFINITION OF MINI-STORAGE; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 8/28/96, Display Ad 9/4/96,
1 st Public Hearing 9/11/96, Display Ad 9/18/96, 2nd Public Hearing and Final Adoption
9/25/96)
COMMITTEE R~PORTSfRECOMMENDATIONS
A. Code Enforcemeni Board
Interview and Appoint Regular Member, Engineer Position to Three Year Term to
Expire 8/1/99 - Board Recommends Thomas Connelly (Community Development
Transmittal 9/3/96, Applications, Code Enforcement Memo 8/22/96)
B. Construction Board
Accept Resignation from Wayne Tozzoio (Community Development Transmittal
9/3/96, Tozzolo Letter)
ii.
Interview and Appoint Alternate Certified Contractor - to Fill Unexpired
Term Vacated by Nicholas Messina - Term to Expire 9/30/97 - Board
Recommends Michael Oliver (Community Development Transmittal 9/3/96,
Applications)
111.
Interview and Appoint Alternate Concerned Citizen - to Fill Unexpired Term
Vacated by Harold Smith - Term to Expire 9/30/88 - Board Recommends John
Hearne (Community Development Transmittal 9/3/96, Applications)
C. Hatl~li~:apped Self-Evaluation Committee
Interview and Appoint Alternate for Three Year Term - Board Recommends
Reappointment of Catherine Ackerman - No Other Applications (Human
Resources Transmittal 8/29/96, Application)
96.099
96.151
96.205
12.
13.
OLD BUSINES~ - None
NEW BUSINESS
Ao
Appoint Consultant Selection Committee - Mechanical Engineer Proposals - Police
Department Building - City Manager, Purchasing Agent, Public Works Director, Police
Chief and Member of City Council (City Manager Transmittal 9/4/96, R-95-22)
Adopt Resolution No. R-96-67 - Falcon Cable Franchis~ 60 Day Extension fi.om 5}/23/96
(City Manager Transmittal 9/4/96, R-96-67, R-87-74,. Article IV Code)
RESOLUTION NO. R-96-67
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 MAXIMUM 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.
Adgpt Resolution No. 11,-96-68 - Grant of Easement to Christopt~r_Marine - Park Trust -
"Acl~ms" Street Right-of-Way (Community Development Transmittal 9/5/96, R-96-68..
Grant of Easement)
~J~$OLUTION NO. ~,-96-68
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, GRANTING AN EASEMENT TO DANIEL I. PREUSS, TRUSTEE, AS TO
AN UNDIVIDED 25% INTEREST, BARBARA LYNCH, AS TO AN UNDIVIDED
25% INTEREST, BARRY COLE AND CHARLOTTE COLE, HIS WIFE, AS TO AN
UNDIVIDED 25% INTEREST, AND ROBERT DACOSTA AND LINDA DACOSTA,
HIS WIFE, AS TO AN UNDIVIDED 25% INTEREST, AS TENANTS 1N COMMON
TO FACILITATE DRAINAGE WITHIN TIlE ADAMS STREET RIGHT-OF-WAY;
AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST, ON
BEHALF OF THE CITY, THE GRANT OF EASEMENT; PROVIDING THAT THE
GRANTEE SHALL RECORD THE EASEMENT AND FURNISH A COPY OF THE
RECORDED INSTRUMENT TO THE CITY CLERK; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVEKABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
4
96.098
Allopt Resolution No. R-96-79 - Support of"Scrub Lot Purchase" by Indian River Board
of Commissioners (City Matra, get Transmittal 9/5/96, Resolutjon Forthcoming)
96.125
96.206
14.
First Reading of Ordinance lXJ9, 0-96-16 - Outdoor Fire/Cl>lltrol of Opening Burning - Set
Pub|j,¢ Hearing for 10/9/96 - (City Manager Transmittal 9_/4/96, 0-96-16)
ORDINANCE NO. O-96-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 42-48 OF THE CITY
OF SEBASTIAN CODE OF ORDINANCES ENTITLED "OUTDOOR FIRES",
CHANGING THE TITLE OF SECTION 42-48 TO "CONTROL OF OPEN
BURNING", PROVIDING FOR OPEN BURNING RESTRICTIONS; PROVIDING
FOR EXCEPTIONS AND RESTRICTIONS AGAINST OPEN BURNING;
PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
First Reocling of Ordinance No. 0-96-30 - Division of Single Lots ~ Set Public Hearing for
10/9/96 (Commutlity_Development Transmittal 9/4/96, 0-96-30)
ORDINANCE NO. 0-96-30
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING
AMENDING THE CLASSIFICATION OF SUBDIVISIONS TO INCLUDE DIVISION
OF A SINGLE LOT; REGARDING THE RESPONSIBILITIES OF THE PLANNING
AND ZONING COMMISSION; ESTABLISHING PROCEDURES FOR THE
APPROVAL OF THE DIVISION OF A SINGLE LOT; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
INTRODUCTION OF NEW BUSINESS FROM TIlE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
5
15.
16.
CITY COUNCIL MATTERS
A. Mr. Raymond Halloran
B. Mr. Richard Taracka
C. Mayor Louise Cartwright
D. Vice Mayor Walter Barnes
E. Mrs. N_orr0a Dalxlp
ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY
MA~ER CONSIDERED AT TH1S MEETING (OR HEARJNG) WILL NEED A RECORD OF THE PROCEED1NGS 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.)
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 589-5530 AT
LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Upcoming City Council Meetings:
Special Meeting - Final Budget Hearing
Regular Meeting
- Wednesday, September 18, 1998 ~ 7:00p. m.
- Wednesday, September 25, 1996~ 7:00p. m.
PUBLIC iNPUT ON AGENDA ITEMS
SIGN-UP SHEET
SEPTEMBER 11, 1996 REGULAR MEETING
USE THIS FORM ONLY FOR INPUT ON ITEMS ON THE PREPARED AGENDA EXCEPT
FOR PUBLIC HEARINGS WHICH HAVE THEIR OWN SHEETS-TIME LIMIT OF 10
MINUTES PER SPEAK_Eft
i! .
Name: /""-J ~Z.....~...,..,~ / "iF bt.~.-..,.,,~¢..~;: . /
Agenda Item No "~tnd Title: ~ ~ {.J~-/ ~ff_~z ............ ~..., ........
V
Name:
Address:
Agenda Item No. and Title:
Address:
Agenda Item No. and Title:
Name:
Address:
Agenda Item No. and Title:
Name:
Address:
Agenda Item No. and Title:
Address:
Agenda Item No. and Title:
PUBLIC HEARING SIGN-UP SHEET
SEPTEMBER 11, 1996 REGULAR MEETING
96.191 A.
First Public Heating - Ordinance lqo. 0-96-25 - Mini-Storage Facilities -
Second Public Scheduled for 9/29/96
ORDinANCE NO. O-96-25
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE REGARDING CONDITIONAL LAND USE
IN COMMERCIAL PLANNED UNIT DEVELOPMENT, PERMITTED LAND USE IN THE
INDUSTRIAL DISTRICT, PROVIDING FOR A DEFINITION OF MINI-STORAGE;
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 8/28/96, Display
Ad 9/4/96, 1st Public Hearing 9/11/96, Display Ad 9/18/96, 2nd Public Hearing and Final Adoption
9/25/96)
Name
Address
For Against Information
Name
Address
For
Against Information
Name
Address
For
Against Information
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
SEPTEMBER 11, 1996 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT
OTHER WISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES
P;_: SPEAKER~
e: L~'~-,~[
/Address:
~L/Subject:
NalTle:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
Name:
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, SEPTEMBER 11, 1996-7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAINSTREET, SEBASTIAN~ FLORIDA
2.
3.
4.
Mayor Cartwright called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
No one was available for invocation.
ROLLCALL
ff~]t~/Council Present:
Mayor Louise Cartwright
Vice Mayor Walter Barnes
Mrs. Norma Damp
Mr. Raymond Halloran
Mr. Richard Taracka
StaffPres~IlI2
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
City Planner, Robert Massarelli
Finance Director, Joel Haniford
Golf Course Manager, Pat Cerjan
Deputy City Clerk, Sally Maio
oRegular City Council Meeting
September 11, 1996
Page Two
AGENDA MODIFICATIONS (ADDITIONS AND./_QR DI~LETIONS)
Items not on the written agenda may be added only upon unanimous consent of the Council
members present (R-95-33)
None.
6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRI~SENTATIONS
96.194/
95.147
Hoyman, Dobson & Coml~any - Review of Golf Course Policy and Procedure Manual
{.City Manager Transmittal 9/4/96, Accountant'a ~¢c0mmendations, StaffResponse)
Debbie Bradley, Audit Manager, Hoyman, Dobson & Co., briefly addressed City Council,
referring to Hoyman, Dobson's letter to the City Council dated July 23, 1996.
The Golf Course Manager addressed City Council on Hoyman Dobson's findings. He said
the recommendations will be implemented immediately.
Ms. Bradley commended Mr. Cerjan.
96.195
Tree Advisory Board Presenta~on Lq~ommunity Development Transrt~aJ,9[4/96, Tree
Mainten_a!l~:~, Manual. Field Cards)
The City Planner presented the tree maintenance manual and field cards on behalf of the
Tree Advisory Board.
7. CITY ATTORNEY MATTERS
The City Attorney said she had given the City Manager drafts of quasi-judicial procedures and
charter revisions, which she has requested be workshopped.
8. CITY MANAGER MATTERS
The City Manager gave a brief progress report on the police station; said he had received a letter
from T.G Rogers, Land Acquisition Committee member regarding the St. Sebastian PUD
acquisition inquiring whether the city had any interests in use of the property.
2
City Council Meeting
September 11, 1996
Page Three
96.196/
94.181
96.198
He said it was his intent to send a letter to Carolyn Corum stating the city's need for a aviation
easement for runway 9-27 and for Gibson Street right-of-way.
Mr. Halloran inquired whether this area could be used as a mitigation source. The City Planner
said County staff is preparing a habitat conservation plan and noted that he has requested they
include the entire area of Sebastian, therefore, this site will be wrapped in to the mitigation of the
entire area.
The City Manager discussed an airport tie-down fee resolution which had been deferred by a
previous Council. He advised that he will send out the required sixty day notice as required by a
previous resolution unless there is objection by Council and bring back the resolutions. City
Council concurred that he send notice.
COINSENT AGENDA
AH 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 - 8/28/96 Workshop, 8/28/96 Regular, 8/29/96 Cable Forum
Adopt Resolution No. R-96-65 - Blue Cross/Blue Shield Renewal Rates - Option 2
(Human ResgllrCes Director Transmitlal 8/27/96, R-96-65)
RESOLUTION NO. R-96-65
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT, ON BEHALF OF
THE CITY OF SEBASTIAN, THE NEW BLUE CROSS/BLUE SHIELD HEALTH
INSURANCE PREMIUM RATES; PROVIDING FOR REPEAL OF RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
Bid Award - Public Works Engineering Blueprint Copier Counter Top Model 7050 w/out
Stand - OCE'-USA Inc. of Orlando - $5,327 (Public Works Transmittal 9/5/96, Bid
Summary and Tabulation Sheet, Warranty/Guarantee Information, Bid Documents
on File in City Clerk's Office)
3
oRegular City Council Meeting
September 11, 1996
Page Four
96.199 D.
Schedule Workshop for 9/25/96 at 6:00 p.m. - Discuss Private Use of City Owned
Property or Interests (City Manager Transmittal 9/5/96)
96.200 E.
April Crocker - Wedding Reception - Community Center Request - 10/26/96 - 5:00 p.m.
to 9:00 p.m. - A/B - Security Paid (City Clerk Transmittal 9/4/96, Application)
The City Manager read the consent agenda and the City Attorney read Resolution No.
R-96-65 by title only.
Mayor Cartwright removed items A and B, Vice Mayor Barnes removed item C.
MOTION by Damp/Halloran
So moved. (To approve items D and E of the consent agenda)
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
ITEM A - Minut~ - 8/28/96 Regular Meeting
Mayor Cartwright amended a sentence on page five of the August 28, 1996 regular
meeting minutes to read "Mayor Cartwright recommended the provision regarding
approval of future editions within 90 days be added to this ordinance as well".
MOTION by Cartwright/Bames
I move approval of consent item A as amended.
ROLL CALL:
Mrs. Damp
Mr. Halloran
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
4
City Council Meeting
September 11, 1996
Page Five
ITEM B - R-96-65 - Blue Cross/Blue Shield
Mayor Cartwright recommended a minor amendment to Section 1 to add the word
"amended".
MOTION by Cartwright/Halloran
I move to approve and adopt Resolution No. R-96-65 as amended.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
ITEM C - Bid Award - Copier
Vice Mayor Barnes inquired whether the recommended bid meets all specifications.
City Manager said it did.
MOTION by Barnes/Cartwright
I'll move to approve item C of the consent agenda.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
The
oRegular City Council Meeting
September 11, 1996
Page Six
10.
PUBLIC HEAR~G
Procedures for public hearings: (R-95-33)
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
° StaffPresentation
o Public Input - Limit oflO Minutes Per Speaker
° StaffSummation
° Mayor Closes Hearing
° Council Action
Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and
State His/Her Name for the Record
96.191
First Publi~ Heating - Ordinance No. O-9(J-;~5 - Mini-Storage Facilities - ~Second Public
Scheduled for 9/29/96
ORDINANCE NQ, 0-96-25
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING
CONDITIONAL LAND USE IN COMMERCIAL PLANNED UNIT DEVELOPMENT,
PERMITTED LAND USE IN THE INDUSTRIAL DISTRICT, PROVIDING FOR A
DEFINITION OF MINI-STORAGE; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 8/28/96, Display Ad 9/4/96,
1 st Public Hearing 9/11/96, Display Ad 9/18/96, 2nd Public Heating and Final Adoption
9/25/96)
Mayor Cartwtight opened the public heating at 7:20 p.m., and the City Attorney read
Ordinance No. 0-96-25 by title only.
The City Planner gave a brief presentation and recommended approval.
Mayor Cartwright closed the public hearing at 7:25 p.m. and announced that the second
public hearing had been scheduled at the first reading on August 28, 1996 and will be held
on September 25, 1996.
6
oRegular City Council Meeting
September 11, 1996
Page Seven
96.171
96.201
11.
COMMITTEE I~EI?QRTS/RECOMMENDATION~
A. Code Erlforcement Board
Interview] and Appoint Regular MembeL 13ngineer Position to Three Year Torlli Il>
Expire 8/1/99 - Boarql R~c0mmends Thomas Connell7 ~Community Development
Tragsmittal 9/3/96, Applications, (2o~1~ Enforcement Memo 8/22/96)
City Council interviewed John Hearne and Thomas Connelly.
MOTION by Barnes/Taracka
I'll make a motion to appoint Thomas Connelly to the Code Enforcement Board to
fill the engineering position term to expire 8/1/99.
The City Attorney read from the Code of Ordinances relative to engineering position
requirements.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
B. Cola~iruction Board
Accept Resignation from W~ne Tozzolo (Commulljty Development Transmittal
9/3/96, T.ozzolo Letter)
MOTION by Cartwright/Damp
With thanks to Wayne Tozzolo and regret I make a motion to accept his
resignation.
ORegular City Council Meeting
September 11, 1996
Page Eight
ROLL CALL:
Mrs. Damp
Mr. Halioran
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
96.202
ii.
Interview and Appoint AlI_?.l'0ote Certified ContractQl: - to Fill Unexpired
Term Vacated b~' Lqicholas Messina - Term to Expire 9/30/97 - Board
Recommends Mich~ Qliver (Community De. yg!opment Transmittal 9J3/96,,
Applications)
96.203
111.
Interview and Appoint Alternate Concerr~ecl Citizen - to Fill Unexpired Term
Vacated by Harold S~l[th - Term to Expire 9/30/88 - Board Recommerlds John
Hearne (Comm~tl~ity Development Trar~Smittal 9/3/96, Applica/,iOlaS)
City Council inteviewed Mike Oliver. Mr. Taracka inquired whether there was a conflict
of interest since Mr. Oliver serves on the Code Enforcement Board. The City Attorney
said there is a conflict because Construction Board and Code Enforcement Board are both
regulatory boards. Mr. Oliver said he would prefer to stay on the Code Enforcement
Board and his application was withdrawn.
Mayor Cartwright suggested Mr. Hearne be appointed to the alternate contractor position
and readvertise for the alternate concerned citizen position. These items were deferred
temporarily while the City Attorney reviewed the Code for requirements for the
Contractor position on the Construction Board.
8
City Council Meeting
September 11, 1996
Page Nine
C. Harl0icapped Self-Evaluation C,.9Jtlrllittee
96.204 I.
Interview and Appoint Alienate for Three Year Term - Board Recommends
Reappointment of (Tatbedne Ackerman - No Otller Applications (Human
Resourc~_Tj-ansmittal 8/29/96, Applical:[ol0
Ms. Ackerman was unavailable for interview.
MOTION by Barnes/Damp
I would make a motion to reappoint her for a three year term.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
12. OLD BUSIiNE$IS - None
13. NEW BUSINESS
96.099
Appoint Consultant Selection Co_lulIlittee - Mechanical Engineer Proposals - Police
Department Buil~lillg - City Manager, Purchasing Agent, Public Works Director, Police
Chief and Member of City Council ~City Manager Transuli~l[al 9/4/96, R-95-22)
Vice Mayor Barnes volunteered for the position.
MOTION by Cartwright/Halloran
I move to approve the recommendation of the consultant selection committee to
be made up of Vice Mayor Barnes, the City Manager, the Purchasing Agent, the Public
Works Director and the Police Chief.
ROLL CALL: Mrs. Cartwright
Mr. Barnes
Mrs. Damp
Mr. Halloran
Mr. Taracka
MOTION CARRIED 5-0
- aye
- aye
- aye
- aye
- aye
Regular City Council Meeting
September 11, 1996
Page Ten
96.151 B.
Adopt Resolu[ior~ No. R-96-67 - Falcon Cable Frall~hjse 60 Day Extension from 9/23/96
(City Manager Transmittal 9/4/96, R-96-67, R-87-74, Art~lO IV Code)
RESOLUTION NO. R-96-67
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 MAXIMUM 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.
The City Attorney read Resolution No. R-96-67 by title only.
The City Manager gave a brief presentation and recommended approval of the sixty day
extension to enable negotiation on the franchise and the drafting of a new franchise
ordinance. He and Mayor Cartwright made some minor changes in the body of the
resolution.
Harry Thomas, 654 Balboa Street, Sebastian, recommended imposing a performance bond
when the cable franchise is renewed.
TAPE I - SIDE II (7:47 p.m.)
He recommended appointment of a citizen committee.
MOTION by Damp/Cartwright
I move we approve adoption of Resolution R-96-67 to provide for the extension o
of 60 days on the Falcon Cable TV from September 23, 1996 for the franchise to continue
operating under the current franchise with the corrections as amended.
ROLL CALL:
Mr, Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
10
Regular City Council Meeting
September 11, 1996
IPage Eleven
At this time items 96.202 and 96.203 were addressed. The City Attorney said the
requirements for the Construction Board contractor position do not require flexibility by
the Council and suggested amendment to the provision.
Mayor Cartwright read from John Hearne's application "From 7/85 to 9/95 Mr. Hearne
was City Construction Inspection Engineer for the City of Casselberry, Florida..." The
City Attorney said this indicated Mr. Hearne was qualified for the position.
MOTION by Halloran/Taracka
I move to appoint John Hearn to fill the unexpired term of Nicholas Messina,
Alternate Certified Contractor term to expire 9/30/97.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Mayor Cartwright requested that the City Clerk advertise for the Alternate Concerned
Citizen position.
96.205
Adopt Resolution No. R_-96-68 - Grant of Easement to Christopher Marine - Park Trust -
"Adams" Street Right-of-Way (Community Development Transmittal 9/5/96, R-96-68,
Grarl[ of Easement)
RESOLUTION NO. R-9(3-6_8_
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, GRANTING AN EASEMENT TO DANIEL I. PREUSS, TRUSTEE, AS TO
AN UNDIVIDED -25 30 % INTEREST, BARBARA LYNCH, AS TO AN UNDIVIDED
25% INTEREST, BARRY COLE AND CHARLOTTE COLE, HIS WIFE, AS TO AN
UNDIVIDED 25% INTEREST, AND ROBERT DACOSTA AND LINDA DACOSTA,
HIS WIFE, AS TO AN UNDIVIDED -2'5 20% INTEREST, AS TENANTS IN
COMMON TO FACILITATE DRAINAGE WITHIN THE ADAMS STREET RIGHT-
OF-WAY; AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST, ON BEHALF OF THE CITY, THE GRANT OF EASEMENT; PROVIDING
THAT THE GRANTEE SHALL RECORD THE EASEMENT AND FURNISH A
COPY OF THE RECORDED INSTRUMENT TO THE CITY CLERK; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
11
City Council Meeting
September 11, 1996
Page Twelve
96.098 D.
The City Attorney read Resolution No. R-96-68 by title only.
The City Planner made minor corrections in the title and body of the resolution regarding
the easement percentage distribution.
MOTION by Damp/Taracka
I move that we approve Resolution R-96-68 granting the easement and authorizing
the Mayor to sign and the City Clerk to attest the grant of easement with the following
changes: Mr. Preuss, trustee as to an undivided 30% interest and a change to Mr.
DaCosta and his wife undivided 20%.
ROLL CALL:
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Adopt Resolution Nl~R,-96-70 - Support of"Scrub Lot Purchase" by Indian River Board
of C~>mmissioners (City Manager Transmittal 9/5/96, Resoluli0n Forthcoming)
The City Manager distributed Resolution No. R-96-70.
Mayor Cartwright called recess at 8:03 p.m. and reconvened the meeting at 8:15 p.m. All
members were present.
The City Attorney read Resolution No. R-96-70 by title only. The City Manager read the
resolution in full for the benefit of the public and encouraged City Council members to
attend the County hearing on the proposed purchase.
Mayor Cartwright noted two typos in the title.
MOTION by Taracka/Barnes
I move to approve Resolution R-96-70.
12
oRegular City Council Meeting
September 11, 1996
Page Thirteen
ROLL CALL:
Mr. Taracka
Mrs. Cartwright
Mr. Barnes
Mrs. Damp
Mr. Halloran
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
96.125
First Reading of Ordillance No. O-96-.16 - Outdoor Fire/Control of Opening
Burning - Set Public Hearilog for 10/9/9.6 - (City Manager Transmittal 9/4196, 0-
96-16)
ORDINANCE NO. 0-96-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 42-48 OF THE CITY
OF SEBASTIAN CODE OF ORDINANCES ENTITLED "OUTDOOR FIRES",
CHANGING THE TITLE OF SECTION 42-48 TO "CONTROL OF OPEN
BURNING", PROVIDING FOR OPEN BURNING RESTRICTIONS; PROVIDING
FOR EXCEPTIONS AND RESTRICTIONS AGAINST OPEN BURNING;
PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-96-16 for the first time by title only.
MOTION by Halloran/Barnes
I move to accept the first reading of the Ordinance O-96-16, set the public reading
and public hearing for October 9, 1996.
ROLL CALL:
Mrs. Cartwright - aye
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
13
oRegular City Council Meeting
September 11, 1996
Page Fourteen
96.206 F.
14.
First Reading of Ordinance No. 0-96-30 - Divisionof Single Lots - Set Public Hearing for
101919~ (Community Development Transmittal 9/4/96, 0-96-30)
ORDINANCE NO. 0-96-30
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING
AMENDING THE CLASSIFICATION OF SUBDIVISIONS TO INCLUDE DIVISION
OF A SINGLE LOT; REGARDING THE RESPONSIBILITIES OF THE PLANNING
AND ZONING COMMISSION; ESTABLISHING PROCEDURES FOR THE
APPROVAL OF THE DIVISION OF A SINGLE LOT; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-96-30 by title only.
The City Planner made some minor corrections to the resolution.
MOTION by Barnes/Taracka
I'll make a motion to approve the first reading of Ordinance 0-96-30 division of
single lots and set the public hearing for 10/9/96.
ROLL CALL:
Mr. Barnes - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
INTRODUCTIQN OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - Bmit often minutes for each speaker
Larry Driver, 462B DelMonte Road, Sebastian, asked if the City Attorney had moved to
Sebastian yet.
14
Regular City Council Meeting
September 11, 1996
Page Fifteen
15.
CITY CO_U~CIL MATTERS
A. Mr. Raymond Halloran
None.
Mr. Richard Taracka
None.
Mayor Louise Cartwright
None.
Vice Mayor Walter Barnes
Vice Mayor Barnes suggested a workshop similar to the one held in June to bring new
matters in the next couple of months. Mayor Cartwright said the pending list can be
added.
Mrs. Norma Damp
None.
16. ~g no further business, Mayor Cartwright adjourned the Regular Meeting at 8:35 p.m.
Approved at '" /\ ,.: ,1996, Regular City Council Meeting.
LOuise R. Cartwright /.5t
C:ify Clerk ~> .
15