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HomeMy WebLinkAbout10141992 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, OCTOBER 14, 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. No one was available to do the invocation. 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 Planner, Catherine Hilton City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting October 14, 1992 Page Two 92.221/ 91.291 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). Item 92.279 16.H. was moved to City Manager's matters 13.B. 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS None. 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 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. ORDINANCE NO. 0-92-17 - Adopting Updated Technical Codes AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO TECHNICAL CODES; AMENDING SECTION 7-16 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO PROVIDE FOR THE ADOPTION OF UPDATED ADDITIONS OF VARIOUS BUILDING CODES; AMENDING SECTION 7-35 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO ADOPT AN UPDATED EDITION OF THE NATIONAL ELECTRICAL CODE; AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO ADOPT UPDATED NEW FIRE PREVENTION CODES; PROVIDING FOR A REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 9/23/92, Advertised Legal Notices Sun 10/2/92, Public Hearing 10/14/92) 2 Regular City Council Meeting October 14, 1992 Page Three Mayor Powell opened the public hearing on Ordinance No. O-92-17 at 7:01 p.m., the City Attorney read the ordinance by title, and being no input, the Mayor closed it immediately. The Director of Community Development gave a brief explanation. MOTION by Holyk/Oberbeck I would move adopt Ordinance No. O-92-17 adopting updated technical codes. ROLL CALL: Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye MOTION CARRIED 5-0. 92.263,, ORDINANCE NO. 0-92-22 - Amending Occupational License Fees for Beauty/Barber Shops AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO OCCUPATIONAL LICENSE FEES; AMENDING SECTION 14-28 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO MODIFY EXISTING OCCUPATIONAL LICENSE FEES FOR BARBER SHOPS AND BEAUTY SHOPS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 9/23/92, Advertised Legal Notices PJ 9/29/92 [State Law Requirement 15 Days Prior], Public Hearing 10/14/92) Mayor Powell opened the public hearing on Ordinance No. 0-92-22 at 7:05 p.m., the City Attorney read the ordinance by title and, being no input, the Mayor closed it immediately. The City Attorney stated that subsequent to review of ethics laws as requested by Mayor Powell, in his opinion, the Mayor and his family would attain no special private gain by the adoption of this ordinance. He did say, however, in accordance with FS 286.012, the Mayor may abstain if he feels there is the appearance of a conflict. 3 Regular City Council Meeting October 14, 1992 Page Four 92.267 92.268 92.269 Mayor Powell announced he would abstain from voting and fill out proper forms. MOTION by Holyk/Oberbeck I would move to adopt Ordinance NO. 0-92-22 amending occupational licenses for beauty and barber shops. ROLL CALL: Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell abstained Mr. Oberbeck aye MOTION CARRIED 4-1 (Powell abstained). 8. PUBLIC INPUT ON AGENDA ITEMS Shirley Kilkelly, Franciscan Avenue, read a letter, from Jean Brandtmeyer, Starfish Lane, into the record relative to the City Planner position. (see attached) 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 - 9/23/92 Regular Meeting, 10/2/92 Workshop Bid Award - City Council Chambers - Air Conditioning - Palm Aire and Electric - $8,571 (Staff Recommendation dated 9/29/92, Bid Tabulation Form) Waiver of Bidding Procedure - Sole Source - Ryegrass Seed Purchase - 5000 Lbs Marvelgreen Supreme II - Sunbelt Seeds, Inc. of Norcross, GA - $4,100 (Staff Recommendation dated 10/7/92, GC Manager Memo dated 9/30/92, GC Superintendent Memo dated 9/30/92, Sunbelt Seeds Letter dated 8/28/92) Waiver of Bidding Procedure - Indian River County School Board Bid Price - Fax Machine Purchase - Ricoh Fax 3000L - EGP, Inc. - $2,700 (Staff Recommendation dated 10/7/92) 4 Regular City Council Meeting October 14, 1992 Page Five The City Manager read the consent agenda in its entirety. Mrs. Corum removed item C. MOTION by Oberbeck/Holyk I would move to approve item A, B and D of the consent agenda. ROLL CALL: Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye MOTION CARRIED 5-0. Item C In response to Mrs. Corum, the Golf Course Superintendent said he achieved best results with this brand of ryegrass seed. MOTION by Corum/Oberbeck I move we approve item C of the consent agenda. ROLL CALL: Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye MOTION CARRIED 5-0. 10. PRESENTATIONS Mayor Powell introduced newly elected County Commissioner, Fran Adams, who was seated in the audience. 11. MAYOR AND CITY COUNCIL MATTERS A. Mr. George G. Reid Mr. Reid discussed a recent Press Journal article re§arding alleged comments he made about the Sebastian Highlands Property Owners Association. 5 Regular City Council Meeting October 14, 1992 Page Six B. Mayor Lonnie R. Powell Mayor Powell reported a damaged fire hydrant at Barber and Landsdowne. The Director of Community said he'd look into it. C. Mr. Frank Oberbeck Mr. Oberbeck reported on his attendance at the Indian River County Transportation Planning Committee and MPO meetings, in particular his request for a path along the north side of CR 512; suggested signs be placed nearby city school bus stops; questioned staff about the status of Elkcam Waterway resident concerns; and inquired about the status of the Sebastian Lakes agreement relative to Laconia Street. The City Manager said staff would look into placement of signs at bus stops and report back; the Finance Director reported that the Elkcam situation was proceeding; and the Director of Community Development said he would bring a revised agreement with Sebastian Lakes to Council at the October 28, 1992 meeting. D. Mrs. Carolyn Corum Mrs. Corum inquired about the status of possible annexation of the Coraci property, asked that that matter be workshopped and questioned credentials she had received from the Director of Community Development. The City Manager reported on meetings held to discuss annexation of the Coraci property and said he would provide City Council with copies of summaries of meetings with Coraci representatives, however, he said staff has no plans to unilaterally annex this property. E. Dr. Peter R. Holyk Dr. Holyk commented on lack of public attention paid to city issues. 6 Regular City Council Meeting October 14, 1992 Page Seven 92.270 12. CITY ATTORNEY MATTERS The City Attorney said the Indian River County legislative delegation will be meeting December 4, 1992, and any special acts the ci%y many want to pursue would need to be to Representative Sembler's office by November 15, 1992. it was the consensus of City Council to direct the City Attorney to pursue special legislation to obtain a club liquor license for the Golf Course, as it had attempted last year. 13. CITY MANAGER MATTERS The City Manager reported that a special committee had been appointed to review and interview for a Personnel Director. Employee Recognition Banquet - December 5, 1992 - Community Center (City Manager Recommendation dated 10/8/92) The City Manager requested concurrence for use of the Community Center for an employee recognition banquet on December 5, 1992, with a city donation of $10 per employee and excluding any city money for alcoholic beverages. MOTION by Oberbeck/Holyk I would move that we approve the employee recognition banquet for December 5, 1992 at the Community Center as recommended by the City Manager. The City Clerk questioned whether the approval included use, waiver of fees and use of alcoholic beverages and Council concurred. ROLL CALL: Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye MOTION CARRIED 5-0. Regular City Council Meeting October 14, 1992 Page Eight Mayor Powell noted at this time that Edra Young had requested to speak on the employee banquet. TAPE I - SIDE II Edra Young, 1151 Clearmont Street, ob3ected to taxpayer money being used for the banquet. City Council did not amend its motion on the employee banquet. 92.279/ B. 90.233 Eliminate Funding City Planner Position for FY 93 (Staff Recommendation dated 10/7/92, ~ity Manager Memo dated 10/5/92, City Planner Memo dated 10/6/92) Harry Thomas, 654 Balboa Street, presented City Council with backup relative to the City Planner position and urged Council to retain the position. (see attached) The City Manager 3ustified staff recommendation to terminate funding for the position, the Director of Community Development offered input and a lengthy City Council discussion ensued. Mrs. Corum offered rebuttal to the staff recommendation to eliminate the position. MOTION by Oberbeck/Holyk I would move that we eliminate funding for the City Planner position for fiscal year '93 as per staff recommendation with regrets. ROLL CALL: Mr. Oberbeck aye Mrs. Corum nay Dr. Holyk aye Mr. Reid aye Mayor Powell aye MOTION CARRIED 4-1 (Corum - nay). Mayor Powell called recess at 8:23 p.m. and reconvened the meeting at 8:40 p.m. Ail members of City Council were present. 8 Regular City Council Meeting October 14, 1992 Page Nine 14. COMMITTEE REPORTS/RECOMMENDATIONS A. Code Enforcement Board 92.271 1. Recommend Amendment of Code Regarding Automobile Parking (Staff Recommendation dated 10/1/92, Code Enforcement Memo dated 9/22/92) Following a brief discussion, it was the consensus of City Council that it did not concur with the Code Enforcement Board recommendation regarding parking of automobiles. 15. OLD BUSINESS 92.266 Request from George McCullers to Sell Christmas Trees - Northeast Corner of U.S. 1 and Washington Street - Verbal Report - Continued from 10/7/92 Worksho~ (Staff Recommendation dated 10/1/92, McCullers' Letter dated 9/30/92) The Director of Community Development said, subsequent to review of City Council minutes from 1980 through 1983, he had found no prior Council action on the lot in question. TAPE II - SIDE MOTION by Holyk/Corum I would move that we approve the request from George McCullers to sell Christmas trees at the northeast corner of Route 1 and Washington Street (as subject to the conditions outlined in the Director of Community Development memorandum). ROLL CALL: Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye MOTION CARRIED 5-0. Regular City Council Meeting October 14, 1992 Page Ten 16. NEW BUSINESS 92.272/ A. 91.232 ORDINANCE NO. 0-92-23 - Adopting and Enacting the New Code of Ordinances (City Clerk Recommendation dated 10/8/92, 0-92-23) Reading, Set Public Hearing for 10/28/92 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AND ENACTING A NEW CODE OF ORDINANCES FOR THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING THE CODE OF ORDINANCES; AND PROVIDING WHEN THE NEW CODE OF ORDINANCES AND THIS ORDINANCE SHALL BE EFFECTIVE. The City Attorney read Ordinance No. 0-92-23 by title only. The City Clerk expressed appreciation to all those involved in the conception of the new Code of Ordinances. MOTION by Holyk/Oberbeck I would make a motion that we accept the first reading of Ordinance No. 0-92-23 and set public hearing for October 28, 1992. ROLL CALL: Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye MOTION CARRIED 5-0. 92.273 Wave Street Extension to Fleming Street (Staff Recommendation dated 10/8/92, Cit~ Engineer dated 10/6/92) The Director of Community Development presented s~aff's recommendation to construct an access from Wave Street to connect George Street with Fleming Street within Chessers Gap. 10 Regular City Council Meeting October 14, 1992 Page Eleven 92.274/ # 91.071 A lengthy discussion followed, the donation of land for the connection with Chessers Gap by the property owners was noted, and the City Manager noted that County option gas taxes could be used for the project and this would be added to the FY 1993 Street Improvement program. MOTION by Holyk/Oberbeck I would move that we proceed with the Wave Street extension to Fleming Street as per staff recommendation. ROLL CALL: Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye MOTION CARRIED 5-0. Authorize Engagement of Gray, Harris, Robinson, Kirschenbaum, and Peeples, P.A.L and Hartman and Associates, Inc. for General Development Utilities Water and Wastewater Systems Acquisition Legal and Engineering Services (City Manager Recommendation dated 10/7/92, Hartman Letter dated 8/28/92, Cloud Letter dated 10/6/92) The City Manager recommended that City Council cap funding to each consultant at $50,000 at this time. The City Attorney added that money could be saved by utilizing his firm for items 3 and 4 as stated in Mr. Cloud's proposal (see attached) and by seeking other bond counsel. Mrs. Corum inquired whether City Council should pursue alleviating the THM problem during negotiations with GDU. The City Manager said he would request a recommendation from Cloud and Hartman on that issue. 11 Regular City Council Meeting October 14, 1992 Page Twelve 92.275 92.276 MOTION by Oberbeck/Holyk I would move to the effect that we authorize the engagement of Gray, Harris, Robinson, Kirschenbaum, and Peeples, P.A. for legal services authorizing up to $50,000 and to authorize the professional engineering services of Hartman and Associates with a maximum of $50,000 at this time. ROLL CALL: Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye MOTION CARRIED 5-0. Authorize Execution of Interagency/Public Works Agreement - Indian River Correctional Institute Inmate Labor Force (Staff Recommendation dated 10/7/92, IRCI Letter dated 9/22/92 w/ Agreement, ~ Attorney Letter dated 10/2/92) The City Engineer reported that inmate labor force has been working in the city for several months and advised that an interlocal agreement is required. MOTION by Holyk/Oberbeck I would make the motion that we authorize the execution of the Interagency/Public Works agreement with Indian River Correctional Institution Inmate Labor Force. ROLL CALL: Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell aye MOTION CARRIED 5-0. Clerical Staffing - Utilities and City Manager (City Manager Recommendation dated 10/5/92) The City Manager requested that City Council switch his department's two part time positions to full time and the Utilities Department hire two part-time positions. 12 Regular City Council Meeting October 14, 1992 Page Thirteen Following a brief discussion, motion was made. MOTION by Oberbeck/Reid I would move that we approve the recommended action of the City Manager with regard to clerical assistant part-time and full-time employee shift. ROLL CALL: Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell nay Mr. Oberbeck aye MOTION CARRIED 4-1 (Powell - nay). 92.277/ F. 92.090 Reimbursement of Insurance Premiums - Parity with Bargaining Units (Staff RecommendatiOn dated 10/2/92, Analysis) TAPE Ii - SIDE II A brief discussion took place on the City Manager's request to place unlimited time status on a parity with other employees by extending the full insurance buy-out of $1.56 to them for the period from October 1, 1992 to March 31, 1992 minus the $ .87 buy-out and any raises received. He added that two of the employees listed on the backup would be amended by virtue of the fact that they received no raise on October 1, 1992. MOTION by Holyk/Reid I would move that we accept the formula as outlined by the City Manager. ROLL CALL: Dr. Holyk aye Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye MOTION CARRIED 5-0. 13 Regular City Council Meeting October 14, 1992 Page Fourteen 92.278 G. 17. 92.280 Unlimited Time Status - pay Plan (City Manager Recommendation dated 10/5/92, Proposed Step Plan, Salary Survey, Police Captain Job Description) The City Manager said this pay plan comes as a result of budget adoption and requested that an additional step 8 and the Police Captain position be added. MOTION by Oberbeck/Reid I would move to approve the proposed unlimited time status personnel step plan for fiscal year '93 as per the recommendation. ROLL CALL: Mr. Reid aye Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye MOTION CARRIED 5-0. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on t-~e Agenda --~y ResOlution No. R-89-30 Limit of Ten Minutes for EaCh Speaker) Tina Hawks - Request t__qo Utilize Riverview Park for Pet Fair (Staff Recommendation dated 10/8/92, Hawks Letter dated 10/7/92) The City Attorney stated that the current City Code relative to animals in parks would require amendment if City Council concurred with this request. Following a brief discussion, motion was made. MOTION by Corum/Reid I'll make a motion for Council deny the request for a dog show at Riverview Park. ROLL CALL: Mayor Powell aye Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye MOTION CARRIED 5-0. 14 Regular City Council Meeting October 14, 1992 Page Fifteen Mayor Powell reported that members of the Fire Department were seen taking sand out of Riverview Park. The City Manager said he had been made aware of this fact and would discuss it with the Indian River County Emergency Management Director. 18. Being no further business, Mayor Powell adjourned the meeting at 9:56 p.m. ~~~r Kat (~n M. O Halloran, city Clerk Meeting. 15 ' FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE THE BOARD. COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE 15 A UNIT OF: ' NAME OE ~UTIC^~.SU.DIVlSION: /-~'V'"' ~ ''"C~ ~: I~ ELECTIVE ~L~_~ AppO~l~l/lilV: .n~ WHO MUST FILE FORM 8B  S~M E- FIRST NAME--MIDDLE NAME MAILING ADDRESS CITY DATE ON WHICH VOTE OCCURRED COUNTY / /O D / ~ ,d /~ v ~ ~ This form is for use. by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a ~relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A %usiness associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH IE VOTE WLL BE TAKEN: ~'ou must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form must be provided immediately to the other members of the agency. ° The form must be read publicly at the next meeting after the form is filed. CE FORM 8B - I0-91 PAGE I I would like to preface my remarks with a short story. We come from an area in the NE that suffered from the lack of planning. Politics intervened and money and ~'eed took over. A Real Estate operator and developer was allowed to put up a development that was badly built and eventually the EPA and Suffolk County had to take over at tremendous taxpayer expense. There was also the issue of a badly designed and built sewer systems that caused ~*and Jury action and the down fall of some local politicians. So much for political expedience. You have a copy of the PJ Editorial which suggest political rather than economic reasons for this dismissal. I suggest that what goes around comes around. It has been rumored that this is the year of the women, if you don't believe it, look around you. 'It may very well be that your employers, the voters will prevail. SA, Press-Journal, Wednesday, October 14, 1'992 · ' ~?: J~F. Schumann (1865-1946) Founder J,J. Schumann (1898-1989) Foundar · .~ ~. _ .~ J.J Schumann, Jr. Publlaher --~ ~ . Da~I K. Hlckl ·" ' General Manager ~~ ' R char~ C. Wagn~'. ' ; ~ ~ . "'. Editor ~ ~ ~.~" ' ". TOm Dlckent Cl~ula~r~ucflon D r~tor ~ .~, '' Melvin E. Adkln~ D ~p ay Ad~slng Man~ger "~.".8~r~r~ 5pr=gus . . Cla~slfl~ A~e~lslng Mgr. Home Delivery, Year "' ' ~ .....'""": ...... ' ' ' "; Home Delivery, 6' Mo~tha' .~,~t M~.~. U.S, Highway 1 at 18th Street Mall--7 Paperl, Year ~<-.,OR;D. 4, POST OFFICE BOX1268 Mall--Wed. & Sun., Year VERO BEACH,. FLORIDA 329 :"TI'I(~ . ,'-. Canada--7 Papers, PHONE 562-2315 '=,4F~'i~l~l~llk A (:]it -~ Canada-.-Wed.&Sun..Year~u.$.o~!~.. ~O~111~ ~ FOUNDED 1919 U . .. ~, ~>. ":' -' -' · Bclreau ,' .. ,? , ,~..~...~ ~ ?'!. , ' .:_ :Editorials 'F0~ convenient Home Delivery 569-7100 ... $76.00 $40.50 $11S.O0 $45.00 S365.00 $115.00 Make R,.,om F"o'r.' ':Hilton The political guillotine is in place at Sebastian been targeted because of economics, slow growth City Council chambers. All that's left is for council and the,wishes of council. .- to release the blade, terminating the position of Se-. l '"There's'really nothing to plan for here," Said bastian Planner Cathy Hilton.',,We hope ~council re-' 'Bruce' Cooper, Mrs. Hilton's supervisor and the considers . ' ~::?,:.::i,~::_~,i,~?:~.'~:~: · '~.~: .:city's.direCtor of community development and :~ We have heard .no compelllfigi:eaS/m./:to"Justlfy~':buildlng,official.. - ' · " Sebastian eliminating its planning position:'As one '~:'' We see much· to plan for; The future of the city's of Florida's fastest.growing cities, with plentY, of airport is undetermined. Could i~ be the site of an in. undeveloped land and several opportunities for an- dustrial park or another golf course? What about nexatlon, cutting the planner's position would be In- the city's annexation plans? Who wtll review, re- appropriate, quirements for concurrency under the state-man- In fact, the best description· of council's proposed,' dated Comprehensive Plan? Who will be the city's action may come from Councilwoman Carolyn Co- liaison with the county should its land-purchase ref- rum, the lone environmental ranger on council. She erendum pass? ' said City Manager Robb McClary has it out for Mrs; ,,:'. Our biggest concern' is that without a city planner, HiltOn because of her friendship with'Mrs. Corum. there 'will be .no One to put ,together~ the proposed McClary, Mrs~ CorOm-:satd~ is p//ylng her back for Riverfront DistriCt.-CreaUonof a district would be her September proposal to cut McClary's salary, in....',an economic boon to.the city'. Why doesn't council crease from 5 percent to 2 percent'and to shrink pay 'ge~ Mrs. Hilton to work cfi Some of these issues ira- increases for other city administrators, mediately? ......... , Mrs. HiltOn, who seems more, aligned 'Wttl/'Mrs...'. Even' the' City's. Pianntng ~nd Zoning Commis~ion Corum's pro-environment .politics, seems, to.be a: st~pports, her. contJnued.employment. Not.only,has ¥ictim of council's pro-growth policies. We, too, ad- she been helpful to the commission, members said, vocate controlled growth, but, we believe the city but the grants she obtained for the"city ~- $20,000 for r~eeds, a planner;":Contr,olled 'gr0wth;i:'after. all, .la trees'at Hardee Park and $5,000 for, work·at Rtver- 'achieVed. ,~th~dugh,'.:i:carefu] planning.; ',If ?,'/~oun~il '·'view park --·almost paid for her'S29,500 salary. doesn't']i]~ Mrs. Hiltou's philos6phY, 'tis first step w~ admire' council's wishes, to. stop· wasieful . ishouldbe to.tell her what _council's philosophy is., ,.,.,,:.,spending, and have praisedmembers in the past for ' We'v~ heard $or~ lame reasons to eliminate the. doing· so. ,This. time;, however, their ;actton looks positto~s: '..;,' "~';,,'. ,,~'i, :., .,.,:.,.'-,,:, ':.~: ~:.~'.~r ? ,4, ,.,' ' ?... .... ',"".:'.',,, ';'more like politics,than: fiscal conservafley, Their de- ' .l ,"It didn't ha_v.e anything to do with enVironmen; :;' cislon tonight 'on Mrs,Hilton's fate.Jshould be based· '. icl issues. It didn t have anything to do with the fact ?on reason, not politics.'~:~.?:i,~, '.-" ,.'" ~i i..'~.'"~'"~ *::'~'~ '~,' ','"~ ' ,' · ,that ·she's a"woman:, It,"didn't .have. anythin~: to 'do.,.,,.~. ,~' ':~:(~ ~...,: ,',.:, ~ ": ~'":,"'" ':'¥, "'~'~'~ .~.,~:,,~ '~'~.' "~i ;~with'.th'd. fact"·/~he's",a"frlend'~f ~,ou/'s,"~. McClary told '/,'!, ~ CoiznciI*..ii;Ill meet st'"~ j~.m. In council M~s,.;' CorU. m, ?eClat7'' :said'. Mt.S. Hllton'S 'Job has be,, ~:~.~ Main St;, Sebastian.' ~' ~ ' : -- 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, OCTOBER 14, 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 - NO One Available 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution NO. R-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 92.221/ 91.291 Please Note: Anuone 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. ORDINANCE NO. O-92-17 - Adopting Updated Technical Codes AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO TECHNICAL CODES; AMENDING SECTION 7-16 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO PROVIDE FOR THE ADOPTION OF UPDATED ADDITIONS OF VARIOUS BUILDING CODES; AMENDING SECTION 7-35 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO ADOPT AN UPDATED EDITION OF THE NATIONAL ELECTRICAL CODE; AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO ADOPT UPDATED NEW FIRE PREVENTION CODES; PROVIDING FOR A REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 9/23/92, Advertised Legal Notices Sun 10/2/92, Public Hearing 10/14/92) 92.263 ORDINANCE NO. 0-92-22 - Amending Occupational License Fees for Beauty/Barber Shops AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO OCCUPATIONAL LICENSE FEES; AMENDING SECTION 14-28 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO MODIFY EXISTING OCCUPATIONAL LICENSE FEES FOR BARBER SHOPS AND BEAUTY SHOPS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 9/23/92, Advertised Legal Notices PJ 9/29/92 [State Law Requirement 15 Days Prior], Public Hearing 10/14/92) 2 92.267 92.268 92.269 92.270 10. 11. 12. 13. 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 - 9/23/92 Regular Meeting, 10/2/92 Workshop Bid Award - City Council Chambers - Air Conditioning - Palm Aire and Electric - $8,571 (Staff Recommendation dated 9/29/92, Bid Tabulation Form) Waiver of Bidding Procedure - Sole Source - Ryegrass Seed Purchase - 5000 Lbs Marvelgreen Supreme II - Sunbelt Seeds, Inc. of Norcross, GA - $4,100 (Staff Recommendation dated 10/7/92, GC Manager Memo dated 9/30/92, GC Superintendent Memo dated 9/30/92, Sunbelt Seeds Letter dated 8/28/92) Waiver of Bidding Procedure - Indian River County School Board Bid Price - Fax Machine Purchase - Ricoh Fax 3000L - EGP, Inc. - $2,700 (Staff Recommendation dated 10/7/92) PRESENTATIONS MAYOR AND CITY COUNCIL MATTERS A. Mr. George G. Reid B. Mayor Lonnie R. Powell C. Mr. Frank Oberbeck D. Mrs. Carolyn Corum E. Dr. Peter R. Holyk CITY ATTORNEY MATTERS CITY MANAGER MATTERS Employee Recognition Banquet - December 5, 1992 - Community Center (City Manager Recommendation dated 10/8/92) 3 92.275 92.276 92.277/ 92.090 92.278 92.279/ 90.233 17. Authorize Execution of Interagency/Public Works Agreement - Indian River Correctional Institute Inmate Labor Force (Staff Recommendation dated 10/7/92, IRCI Letter dated 9/22/92 w/ Agreement, City Attorney Letter dated 10/2/92) Clerical Staffing - Utilities and City Manager (City Manager Recommendation dated 10/5/92) Reimbursement of Insurance Premiums - Parity with Bargaining Units (Staff Recommendation dated 10/2/92, Analysis) Unlimited Time Status - Pay Plan (City Manager Recommendation dated 10/5/92, Proposed Step Plan, Salary Survey, Police Captain Job Description) Eliminate Funding City Planner Position for FY 93 (Staff Recommendation dated 10/7/92, City Manager Memo dated 10/5/92, City Planner Memo dated 10/6/92) INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - B~ Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) 92.280 A. Tina Hawks - Request to Utilize Riverview Park for Pet Fair (Staff Recommendation dated 10/8/92, Hawks Letter dated 10/7/92) 18. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISiON~t~DE 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.) 5 OCTOBER 14, 1992 REGULAR CITY COUNCIL MEETING PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET (Use this form ~ 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 t/an during "Public Input on Agenda Items" please note.) /_ ...... 'ADDRESS') / ~(- / ..... 7 ~, ~ ,, , ,,'" SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: iii NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: OCTOBER 14, 1992 REGULAR CITY COUNCIL MEETING PUBLIC HEARING SIGNUP SHEET 92.263 B. ORDINANCE NO. 0-92-22 - Amending Occupational License Fees for Beauty/Barber Shops AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, PERTAINING TO OCCUPATIONAL LICENSE FEES; AMENDING SECTION 14-28 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO MODIFY EXISTING OCCUPATIONAL LICENSE FEES FOR BARBER SHOPS AND BEAUTY SHOPS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 9/23/92, Advertised Legal Notices PJ 9/29/92 [State Law Requirement 15 Days Prior], Public Hearing 10/14/92) NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: OCTOBER 14, 1992 REGULAR CITY COUNCIL MEETING PUBLIC HEARING SIGNUP SHEET 92.221/ A. 91.291 ORDINANCE NO. O-92-17 - Adopting Updated Technical Codes AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO TECHNICAL CODES; AMENDING SECTION 7-16 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO PROVIDE FOR THE ADOPTION OF UPDATED ADDITIONS OF VARIOUS BUILDING CODES; AMENDING SECTION 7-35 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO ADOPT AN UPDATED EDITION OF THE NATIONAL ELECTRICAL CODE; AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN TO ADOPT UPDATED NEW FIRE PREVENTION CODES; PROVIDING FOR A REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 9/23/92, Advertised Legal Notices Sun 10/2/92, Public Hearing 10/14/92) NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: iNFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: INFORMATION: NAME: ADDRESS: FOR: AGAINST: iNFORMATION: OCTOBER 14, 1992 REGULAR CITY COUNCIL MEETING INTRODUCTION OF BUSINESS FROM THE PUBLIC SIGNUP SHEET (Use this form ~ for presentation of matters ~ on the prepared agenda. Introduction of Business from the Public is the last item on the agenda) 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: