HomeMy WebLinkAbout09281994 City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, SEPTEMBER 28, 1994 - 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.
Individuals shall 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-93-19)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION
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-93-19).
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
94.231
National Housing Week - 10/2/94 - 10/9/94 -
Requested by Treasure Coast Builder's Association
- Tim Zorc Accepting
94.232
Domestic Violence Awareness Month - October 1994
- Requested by Safespace, Inc.
94.180
94.180
7. PUBLIC HEARING (QUASI-JUDiCIAL)
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.
RESOLUTION NO. R-94-48 - Special Assessment
Hearing - Riverfront Water Project (City Manager
Transmittal dated 9/22/94, R-94-48)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH
THE OWNERS OF PROPERTIES LOCATED GENERALLY IN THE
AREA EAST OF U.S. 1 TO INDIAN RIVER DRIVE RUNNING
FROM THE CITY'S SOUTHERN BOUNDARY TO ITS NORTHERN
BOUNDARY AND OTHER INTERESTED PERSONS, MAY APPEAR
BEFORE THE CITY COUNCIL AND BE HEARD AS TO THE
PROPRIETY AND ADVISABILITY OF CONSTRUCTING A WATER
MAIN, AS TO THE COST THEREOF, AS TO THE MANNER AND
PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE
SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED
THEREBY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
8. SPECIAL MATTERS
RESOLUTION NO. R-94-53_- Special Assessment
Authorizing Riverfront Water Project
(City Manager Transmittal dated 9/22/94, R-94-53
w/Exhibits)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING A PROJECT FOR WATER MAIN
AND WATER EXTENSION LINES FOR THE AREA EAST OF U.S. 1
TO THE INDIAN RIVER RUNNING FROM THE CITY'S SOUTHERN
BOUNDARY TO ITS NORTHERN BOUNDARY; EQUALIZING,
APPROVING, CONFIRMING AND LEVYING SPECIAL ASSESSMENTS
ON PROPERTY SPECIALLY BENEFITED BY THE PROJECT TO
PAY THE COSTS THEREOF; PROVIDING FOR THE PAYMENT AND
COLLECTION OF SPECIAL ASSESSMENTS BY THE METHOD
PROVIDED FOR BY CHAPTER 170, FLORIDA STATUTES;
PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF
RECORD; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS,
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
94.198
94.233
94.203
94.234
94.235
94.236
10.
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)
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 - 9/14/94 Regular Meeting,
9/21/94 Special Meeting
Bid Award - Community Center Air Conditioner -
Palm Aire and Electric - $3,318.00 (Engineering
/Public Works Transmittal dated 9/16/94, Bid
Tabulation Form)
Waiver of Bidding Procedure - Police Department -
Below State Contract Price - Eighteen Ballistic
Vests - Lawmen's and Shooters Supply, Inc. of
Veto Beach - $442.70 Each - FY '95 (Chief of
Police Transmittal dated 9/19/94)
Utility Department Contract Mowing and Grounds
Maintenance - Reject Previous Bids and Rebid
Contract (Utilities Director Transmittal dated
9/19/94, Bidding Contractor List)
MGB Construction - Specimen Tree Removal Request
- One 21" Pine - Lot 7, Block 4, Unit 1,
Sebastian Highlands (Director of Community
Development Transmittal dated 9/21/94,
Application, Scrub Jay Approval Letter, Survey)
Manning Financial Group VP Meeting - Request
Community Center - 10/1/94 - 6 pm to 11 pm - A/B
- DOB 11/17/54 - Security Paid (City Clerk
Transmittal dated 9/14/94, Application)
Pelican Island Art Group - Request Use of
Riverview Park - 11/12/94, 11/13/94, 2/11/95,
2/12/95, 3/18/95, 3/19/95 - Art Shows - Standard
Conditions (City Clerk Transmittal dated 9/20/94,
Searfoss Letter dated 9/2/94)
94.021
94.237
94.238
11.
12.
13.
14.
15.
PRESENTATIONS - None
COMMITTEE REPORTS/RECOMMENDATIONS
OLD BUSINESS - None
NEW BUSINESS
Az
ORDINANCE NO. 0-94-10_- Trinity Lutheran Church -
Abandonment of Riqht-of-Wa3 (City Manager
Transmittal dated 9/15/94, O-94-10)
1st Reading, Set Public Hearing 10/26/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, ABANDONING A PORTION OF THE ROAD RIGHT-OF-
WAY OF SCHUMANN DRIVE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE.
RESOLUTION NO. R-94-54 - Golf Cart Maintenance
Contract Approval ~ Custom Carriages, Inc. -
$10,320 (City Manager Transmittal dated 9/22/94,
Bid Tabulation, Addendum, R-94-54)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN
AGREEMENT WITH CUSTOM CARRIAGES, INC., FOR THE
PURPOSE OF PROVIDING CART MAINTENANCE SERVICES FOR
THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILiTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
November/December 1994 City Council Meeting
Schedule (City Clerk Transmittal dated 9/19/94,
Calendars)
CITY COUNCIL MATTERS
A. Mr. Robert Freeland
B. Mr. Frank Oberbeck
c. Mayor Arthur Firtion
D. Vice-Mayor Carolyn Corum
E. Mrs. Norma Damp
16. CITY ATTORNEY MATTERS
17. CITY MANAGER MATTERS
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.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
5
PUBLIC HEARING SIGN-UP SHEET
SEPTEMBER 28, 1994 SPECIAL MEETING
94.180 A.
RESOLUTION NO. R-94-48 - Special Assessment
Hearing - Riverfront Water Project (City Manager
Transmittal dated 9/22/94, R-94-48)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF
PROPERTIES LOCATED GENERALLY IN THE AREA EAST OF U.S. 1 TO INDIAN
RIVER DRIVE RUNNING FROM THE CITY'S SOUTHERN BOUNDARY TO ITS
NORTHERN BOUNDARY AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE
THE CITY COUNCIL AND BE HEARD AS TO THE PROPRIETY AND
ADVISABILITY OF CONSTRUCTING A WATER MAIN, AS TO THE COST
THEREOF, AS TO THE MANNER AND PAYMENT THEREFOR, AND AS TO THE
AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY
BENEFITED THEREBY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND ~OVIDING FOR AN EFFECTIVE DATE.
ADDRESS:
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ITEM 9. ~
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGNUP SHEET
SEPTEMBER 28, 1994 REGULAR CITY COUNCIL MEETING
(Use this form ONLY for presentation of NEW matters NOT on the
prepared age~
NAME:
'
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET
SEPTEMBER 28, 1994 REGULAR MEETING
Use this form ONLY for input on items on the prepared agenda
EXCEPT for public hearings which have their own signup sheets.
Speakers will address City Council immediately prior to the
deliberation of the item by the City Council (R-93-19)
NAME :
ADDRESS :
ITEM NO :
SUBJECT :
NAME :
ADDRESS :
ITEM NO :
SUBJECT :
NAME :
ADDRESS :
ITEM NO :
SUBJECT :
NAME :
ADDRESS :
ITEM NO :
SUBJECT :
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, SEPTEMBER 28, 1994 - 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.
Individuals shall 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-93Jg)
Mayor Firtion called the Regular Meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
3. No invocation was given.
4. ROLL CALL
City Council
Present:
Mayor Arthur Firtion
Vice Mayor Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Mr. Frank Oberbeck
Staff Present:
city Manager, Joel L. Koford
city Clerk, Kathryn M. O'Halloran
City Attorney, Clifton A. McClelland,
Finance Director, Marilyn Swichkow
Utilities Director, Richard Votapka
Airport/Golf Course Manager, John Van
Antwerp
Zoning Technician, Jan King
Deputy City Clerk, Sally Maio
Jr.
Regular City Council Meeting
September 28, 1994
Page Two
94.231
94.232
5. AGENDA MODIFICATIONS (ADDITIONS ANDIOR DELETIONS) -
items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-93-19).
None.
PROCLAMATIONS AND/OR ANNOUNCEMENTS
ae
National Housing Week - 10/2/94 - 10/9/94 -
Requested bv Treasure Coast Builder's Association
Mayor Firtion read and presented the proclamation to
Chip Landers, past Chapter Chairman.
Domestic Violence Awareness Month - October 1994
- Requested by Safespace, Inc.
Mayor Firtion read the proclamation and directed the
City Clerk to mail it to Rae DelVecchio.
7. PUBLIC HEARING
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.
2
Regular city Council Meeting
September 28, 1994
Page Three
94.180 A.
RESOLUTION NO. R-94-48 - Special Assessment
Hearing - Riverfront Water Project (City Manager
Transmittal dated 9/22/94, R-94-48)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH
THE OWNERS OF PROPERTIES LOCATED GENERALLY IN THE
AREA EAST OF U.S. 1 TO INDIAN RIVER DRIVE RUNNING
FROM THE CITY'S SOUTHERN BOUNDARY TO ITS NORTHERN
BOUNDARY AND OTHER INTERESTED PERSONS, MAY APPEAR
BEFORE THE CITY COUNCIL AND BE HEARD AS TO THE
PROPRIETY AND ADVISABILITY OF CONSTRUCTING A WATER
MAIN, AS TO THE COST THEREOF, AS TO THE MANNER AND
PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE
SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED
THEREBY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
Mayor Firtion opened the public hearing at 7:10 p.m.
The City Attorney announced, in accordance with
Chapter 170 Florida Statutes, the statute requires
that at the time and place that was named in the
notice on special assessments, the Council was to meet
and first hear testimony from affected property
owners as to the propriety and advisability of making
the improvements and funding them with special
assessments. He said the statutes specifically require
testimony which means that the comments would have to
be under oath.
After the City Council finishes the hearing under the
statute then the City Council votes as to whether or
not they want to go forward and to levy the special
assessments. The city Council by its vote makes a
final decision at that time. After that decision is
made by the Council, if the Council decides to go
forward, then the Council conducts a public hearing
as a Board of Equalization and that is to hear the
complaints about specific assessments and to
determine whether or not the special assessments on
individual parcels are equal or should be adjusted.
He further stated the first resolution, R-94-48,
which is in the agenda folder, is the resolution City
Council adopted last time, so it would not be
adopting that resolution but simply be making a
decision whether or not to go forward. The second
Regular City Council Meeting
September 28, 1994
Page Four
resolution, Resolution R-94~53, is the resolution
that would be adopted if Council decided to, at the
end of the equalization hearing, as a final decision
to levy the specific assessments. The resolution
should have the equalization assessment roll attached
to it in its final form.
Mr. Oberbeck inquired whether, if the assessment is
in error, the City Council should conduct another
review once it is corrected.
The City Attorney said if there are errors they must
be corrected prior to adoption of Resolution No.
R-94-53.
The Finance Director said the assessment roll had
been revised for distribution to the city Council and
explained reasons for the adjustments.
The City Manager distributed the revised assessment
roll dated September 23, 1994 and gave a brief
presentation on the proposed assessment for the
Riverfront Water Project, stating that notice
requirements have been met.
Mayor Firtion read all names on the sign-up sheet,
whereupon those attendees stood and the city Clerk
swore them in.
David Underill, objected; Robert Wheeler, 933 Indian
River Drive, Sebastian, objected; Ernestine Park,
1651-11th Avenue, Vero Beach, objected and expressed
concerns for possible health problems with existing
water; Mary Heinicke, 705 Cleveland Street,
Sebastian, objected.
Allen French and Kurt Wallach were sworn in by the
City Clerk.
Anna Loudermilk, 1919 U.S. 1, Sebastian, objected;
Allen French, 925 Indian River Drive, Sebastian;
objected and inquired about mandatory hook-up; Kurt
Wallach, 256 Ocean Way, representing himself and
Citrus Bank, objected; Tom Collins, Captain Hiram's,
Sebastian, concurred and cited DCA compliance.
Charles Humphrey, David Dabroski, and Kathryn Timm
were sworn in by the City Clerk.
4
Regular City Council Meeting
September 28, 1994
Page Five
Charles Humphrey, Sebastian, objected and suggested
a vote of the affected parties; David Dabroski, 1532
Indian River Drive, Sebastian, objected to the manner
of assessment.
TAPE I - SIDE II (7:49 p.m.)
Mr. Dabroski continued; and Kathryn Timm, 1626 North
Central Avenue, Sebastian; objected.
The City Manager responded to concerns remarking he
is not aware of any health problems with current
water, that there will be no mandatory hook-up
requirement unless three certain conditions exist;
explained assessment methodology, the proposed
looping system, construction cost savings by
piggybacking the County contract, and the project
timeframe.
Mayor Firtion closed the public hearing at 7:56 p.m.
City Council discussion followed. Mr. Freeland
discussed development of a commercial tax base; Vice
Mayor Corum expressed concern for lack of future
water sources and public health issues; Mr. Oberbeck
said the project would be beneficial to the community
at large, that the assessment is equitable with
Highlands' properties previously assessed by the
County and noted that all citizens will be assessed
by the City eventually, expressed concern for
possible future public health problems, saltwater
intrusion, and need for increased fire protection;
Mrs. Damp discussed the need for commercial
development; and Mayor Firtion expressed concern for
public health issues.
The City Attorney reiterated procedures to be
followed by city council.
After conclusion of the testimony, the City Council
made a final decision to levy the special assessment
for the public water improvement for the Riverfront
Water Project.
MOTION by Corum/Damp
I make a motion for Council to move forward to
levy the special assessment to the Riverfront water
line property owners.
Regular City Council Meeting
September 28, 1994
Page Six
94. 180
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
The city Attorney advised the City Council to
convene as the Board of Equalization and to hear
complaints about the special assessments. He said
some of the factors to consider are whether the
entire cost of the improvement has been
proportionately laid out against all property that
may be required to pay part of the improvement and
that the assessments are uniform so that the burden
on every parcel will bear a just proportion to that
proposed on every other parcel. If there are any
errors in the assessment roll, the public has an
opportunity at this junction to come forward and put
any complaints before the Council about the
assessment roll so that Council can equalize the
assessment roll.
8. SPECIAL MATTERS
RESOLUTION ~Q.~... R-94-53 - Special Assessment
Authorizing Riverfront Water Project
(City Manager Transmittal dated 9/22/94, R-94-53
w/Exhibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING A PROJECT FOR WATER MAIN
AND WATER EXTENSION LINES FOR THE AREA EAST OF U.S. 1
TO THE INDIAN RIVER RUNNING FROM THE CITY'S SOUTHERN
BOUNDARY TO ITS NORTHERN BOUNDARY; EQUALIZING,
APPROVING, CONFIRMING AND LEVYING SPECIAL ASSESSMENTS
ON PROPERTY SPECIALLY BENEFITED BY THE PROJECT TO
PAY THE COSTS THEREOF; PROVIDING FOR THE PAYMENT AND
COLLECTION OF SPECIAL ASSESSMENTS BY THE METHOD
PROVIDED FOR BY CHAPTER 170, FLORIDA STATUTES;
PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF
RECORD; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS,
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Firtion opened the hearing of the Equalization
Board at 8:10 p.m.
6
Regular City Council Meeting
September 28, 1994
Page Seven
Ernestine Park, Vero Beach, inquired how property
owners will determine whether any errors exist.
The City Manager explained that the mathematical
computation is determined by the total amount of the
estimated cost divided by the actual square footage
in the project area to give per square foot assessed
value.
Scott Bell was sworn in by the City Clerk.
Scott Bell, 12875 North Indian River Drive,
Sebastian, inquired whether this can be put off an
additional month.
The City Manager stated the County's contract will
not be available in one month.
David Dabroski, suggested a possible bidding
process.
The City Manager responded that the City will
piggyback onto the County's current contract for
cost savings. Mr. Oberbeck said that information is
available to the public.
Mayor Firtion called recess at 8:19 p.m. and
reconvened the hearing at 8:35 p.m. Ail members were
present.
Allen French, 925 Indian River Drive, Sebastian,
inquired about Phase II of the water project.
The City Manager directed Mr. French to a map and
explained the County's looping process which will
include properties from U.S. 1 west to FEC and
explained why the project cost is not being pro-rated
to include those property owners.
Mr. Oberbeck reiterated that the average cost for
assessment is $1600.00 at this time.
The City Manager stated that, subsequent to a review
of several methods of assessment, square footage was
chosen as the most equitable method.
7
Regular City Council Meeting
September 28, 1994
Page Eight
The City Attorney advised that the next action for
Council to consider, if it elected to go forward, is
the adoption of Resolution No. R-94-53 and that the
final assessment roll as corrected would be the
appropriate exhibit to be referenced in the
Resolution.
The City Manager advised that it be the "final
preliminary assessment roll".
Mayor Firtion closed the public hearing at 8:42 p.m.
The City Attorney read Resolution No. R-94-53 by
title only.
MOTION by Damp/Oberbeck
I move that we adopt Resolution No. R-94-53 with
the approved method of assessment for the project
providing the water outlined in the provisions of
R-94-48.
The city Clerk inquired whether Mrs. Damp wished "to
include the preliminary roll"; the City Attorney
added "assessment roll"; and Mr. Freeland added
"revised September 23rd". Mrs. Damp concurred.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
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)
Sal Neglia, 461 Georgia Boulevard, Sebastian,
reported on a blood drive sponsored by Sebastian
Property owners at K-Mart on October 4th; and
suggested City welcome signs be left in place and
offered $25 to begin a fund to refurbish them.
8
Regular City Council Meeting
September 28, 1994
Page Nine
94.198
94.233
94.203
94.234
94.235
94.236
10. 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 - 9/14/94 Regular Meeting,
9/21/94 Special Meeting
Bid Award - Community Center Air Conditioner -
Palm Aire and Electric - $3,318.00 (Engineering
/Public Works Transmittal dated 9/16/94, Bid
Tabulation Form)
Waiver of Bidding Procedure - Police Department -
Below State Contract Price - Eighteen Ballistic
Vests - Lawmen's and Shooters Supply, Inc. of
Vero Beach - $442.70 Each - FY '95 (Chief of
Police Transmittal dated 9/19/94)
Utility Department Contract Mowing and Grounds
Maintenance - Reject Previous Bids and Rebid
Contract (Utilities Director Transmittal dated
9/19/94, Bidding Contractor List)
MGB Construction - Specimen Tree Removal Request
- One 21" Pine - Lot 7, Block 4, Unit 1,
Sebastian Highlands (Director of Community
Development Transmittal dated 9/21/94,
Application, Scrub Jay Approval Letter, Survey)
Manning Financial Group VP Meeting - Request
Community Center - 10/1/94 - 6 pm to 11 pm - A/B
- DOB 11/17/54 - Security Paid (city Clerk
Transmittal dated 9/14/94, Application)
Pelican Island Art Group - Request Use of
Riverview Park - 11/12/94, 11/13/94, 2/11/95,
2/12/95, 3/18/95, 3/19/95 - Art Shows - Standard
Conditions (City Clerk Transmittal dated 9/20/94,
Searfoss Letter dated 9/2/94)
The City Manager read the consent agenda.
Regular City Council Meeting
September 28, 1994
Page Ten
TAPE II - SIDE I (8:47 p.m.)
Mrs. Damp removed D; Mr. Oberbeck removed A and B.
MOTION by Freeland/Oberbeck
I'd move that we approve items C, E, F and G on
the consent agenda.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
ITEM A - Minutes
Mr. Oberbeck noted a lack of second to a motion in
the 9/14/94 minutes, page 7.
MOTION by Oberbeck/Damp
I would now move that we approve item A of
consent agenda.
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
iTEM B - Community Center A/C
Mr. Oberbeck inquired whether the EER, tonnage and
unit make have been investigated.
MOTION by Damp/Freeland
I would move to postpone to the next regular
meeting to be put back on the consent agenda.
ROLL CALL:
Mayor Firtion - aye
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
MOTION CARRIED 4-1 (Corum - nay)
10
Regular City Council Meeting
September 28, 1994
Page Eleven
94.021
ITEM D - Utility Site Mowing Contract
Mrs. Damp inquired about the discrepancy in acreage
in question. The City Manager stated that the
original bid included property the City did not
actually own and recommended rebidding.
MOTION by Damp/Oberbeck
I recommend that we approve the rejection of the
bids on the Utility Department item, item D of this
consent agenda.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
11. PRESENTATIONS
None.
12. COMMITTEE REPORTS]RECOMMENDATIONS
None.
13. OLD BUSINESS
None.
14. NE__W BUSINESS
ORDINANCE NO. O-94-10 - Trinit~ Lutheran Church
Abandonment of Right-of-Way (City Manager
Transmittal dated 9/15/94, O-94-10)
1st Reading, Set Public Hearing 10/26/94
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ABANDONING A PORTION OF THE ROAD
RIGHT-OF-WAY OF SCHUMANN DRIVE; PROVIDING FOR
SEVERABILiTY; PROVIDING FOR CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
The city Attorney read Ordinance No. O-94-10 by title
only.
11
Regular City Council Meeting
September 28, 1994
Page Twelve
94.237
MOTION by Corum/Freeland
I make a motion to accept the first reading of
Ordinance No. O-94-10 and set the public hearing for
October 26, 1994.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
RESOLUTION NO. R-94-54 - Golf Cart Maintenance
Contract Approval - Custom Carriages, Inc. -
~10~320 (City Manager Transmittal dated 9/22/94,
Bid Tabulation, Addendum, R-94-54)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN
AGREEMENT WITH CUSTOM CARRIAGES, INC., FOR THE
PURPOSE OF PROVIDING CART MAINTENANCE SERVICES FOR
THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
The city Attorney read Resolution No. R-94-54 by
title only.
MOTION by Oberbeck/Damp
I'll move to adopt Resolution No. R-94-54.
Mr. Freeland inquired about the Custom Carriage
letter (see attached) and the Golf Course Manager
responded.
MOTION and SECOND were withdrawn.
Following some discussion, the City Attorney advised
that the agreement be identified as "Exhibit A", and
advised that the July 25, 1994 letter be attached and
referred to in paragraph 2 as an amendment to the
contract, although, in light of ambiguities in the
letter, it was his preference that the item be
brought back to the next regular meeting to give him
time to revise the contract.
12
Regular City Council Meeting
September 28, 1994
Page Thirteen
MOTION by Freeland/Oberbeck
Move to postpone this item to the next regular
meeting.
ROLL CALL:
Mr. Freeland - aye
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
94.238
November/December 1994 city Council Meeting
Schedule (city Clerk Transmittal dated 9/19J94,
Calendars)
MOTION by Freeland/Oberbeck
I'd move to adopt the schedules that are put
forth in '%his week's agenda for November and
December.
ROLL CALL:
Mr. Oberbeck - aye
Mayor Firtion - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
15. CITY COUNCIL MATTERS
A. Mr. Robert Freeland
Mr. Freeland gave a definition for "crap".
B. Mr. Frank Oberbeck
Mr. Oberbeck said it was not his intent to delay the
air conditioner bid.
C. Mayor Arthur Firtion
Mayor Firtion said he was misquoted relative to the
welcome signs.
13
Regular City Council Meeting
September 28, 1994
Page Fourteen
16.
D. Vice-Mayor Carolyn Corum
vice Mayor Corum suggested a resolution be drafted
regarding the Yacht Club and Community Center and it
was noted one already exists; and said a resolution
should be drafted to negate building permit fee
waivers for certain groups.
Mr. Freeland concurred, Mr. Oberbeck disagreed.
The City Attorney advised that City Council not
discriminate on the basis of religion and should
adopt uniform rules.
Vice Mayor Corum reiterated her request for consensus
on not waiving building permit fees for any
organization.
Mrs. Damp and Mayor Firtion concurred. It was the
consensus of City Council to have a resolution
drafted.
Mayor Firtion said there is no provision for use of
the Council Chambers in the current facilities
resolution.
The city Attorney advised, that if City Council
wishes to stop use of the City Council by other than
governmental agencies, it is better practice to have
a resolution in this case. city Council concurred.
E. Mrs. Norma DamR
None.
CITY ATTORNEY MATTERS
The City Attorney reported on the lawsuit against the
City and Director of Community Development, Bruce
Cooper, relative to Walmart and obtained City Council
concurrence to represent Mr. Cooper as agent for the
City.
17. CITY MANAGER MATTERS
None.
14
Regular City Council Meeting
September 28, 1994
Page Fifteen
18. Being no further business, Mayor Firtion adjourned
the meeting at 9:25 p.m.
Approved at the ~~ /~ , 1994, city Council
~~ Meet ing .~~
- .' Arthur L. Firtion, Mayor
City Clerk
15