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
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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:
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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:
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FOR:
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NAME:
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NAME:
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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:
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FOR:
AGAINST:
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FOR:
AGAINST:
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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:
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