HomeMy WebLinkAbout10271993 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNF_~DAY, OCTOBER 27, 1993 - 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
INVOCATION - Reverend Ron Barber - Community Baptist
Church
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-93-19).
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
93.246
93.311
93.312
93.313
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.
Continuation of Public Hearing - Fischer Special
Use Permit - Mulching and Burning ((Director of
Community Development Transmittal dated 10/7/93,
Application, Cooper Letters dated 6/11/93 and
7/30/93, R-92-33, Bound Information Packet Under
Separate Cover & Previously Distributed)
8. ITEMS CARRIED FORWARD FROM 10/13/93 ~GENDA
A®
RESOLUTION NO. R-93-54 - National Flood
Insurance Reform Act of 1993 - Recommending
Changes (City Clerk Transmittal dated
10/7/93, R-93-54)(From Councilmember Freeland's
Matters)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
OPPOSING SENATE BILL 1405 REGARDING THE NATIONAL
FLOOD INSURANCE REFORM ACT OF 1993 AS IT IS CURRENTLY
WORDED, AND RECOMMENDING CERTAIN CHANGES WHICH WOULD
MAKE THE PROPOSED LAW ACCEPTABLE; PROVIDING FOR THE
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
B. Construction Board
Reappoint John Laman and Jerald Smith for
Additional Three Year Terms to Expire
September 30, 1996 (Director of Community
Development'Transmittal dated 9/17/93,
3 Applications)
C. Police Pension Board
Confirm Appointment of Fifth Member to Two
Year Term to Expire 10/95 - Judy Robinson
(City Clerk Transmittal dated 10/7/93, Police
Pension Board Memo dated 10/14/93)
9. CONSENT ~GEND~
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
A. Approval of Minutes - 10/13/93 Regular Meeting
2
93. 314
93.315
93.209
93.316
Amend 9/8/93 and 9/22/93 Regular Meeting Minutes
(City Clerk Transmittal dated 10/19/93, Excerpts
of 9/8/93 and 9/22/93 Minutes)
RESOLUTION NO. R-93-55 - Vacation of Easement
(Community Development Transmittal dated 10/19/93,
R-93-55, Application, Survey, City Engineer Memo
dated 10/5/93, site Plan from 5/10/85)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING, AND DISCONTINUING THE WEST SIX FEET OF
LOT 1, AND THE EAST SIX FEET OF LOT 2 PUBLIC UTILITY
AND DRAINAGE EASEMENT, BLOCK 396, SEBASTIAN HIGHLANDS
UNIT 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PBI 7-56L, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-93-56 - Seeking Certification to
Regulate Basic Cable Service Rates (Finance
Department Transmittal dated 10/20/93, R-93-56,
FCC 328 Form)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO SEEKING CERTIFICATION
WiTH THE FEDERAL COMMUNICATIONS COMMISSION (F.C.C.)
TO REGULATE BASIC LEVEL SERVICE FOR CABLE TELEVISION
PROVIDERS; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
RESOLUTION NO. R-93-57 - Urging Enactment of
Legislation to Stop Unfunded Federal Mandates
(City Clerk Transmittal dated 10/19/93, R-93-57,
Bird Letter dated 10/11/93, Macht Fax dated
10/15/93, Macht Letter dated 10/14/93, IRC
Resolution)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, URGING CONGRESS AND THE FEDERAL
ADMINISTRATION TO ENACT LEGISLATION THAT WOULD
RELIEVE COUNTIES AND CITIES OF ALL OBLIGATIONS TO
CARRY OUT ANY NEW MANDATE ARISING FROM FEDERAL LAW,
REGULATION OR POLICY UNLESS FEDERAL FUNDS ARE
PROVIDED; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
3
93.263
93.317
93.318
93. 319
93.277
93.320
93.321
RESOLUTION NO. R-93-61 - Ratifying Fully Executed
Purchase and Sale Agreement - General Development
Utilities Water and Wastewater System (Finance
Director Transmittal dated 10/20/93, R-93-61,
Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RATIFYING THE PURCHASE AND SALE
AGREEMENT AS EXECUTED BY THE MAYOR AND CITY CLERK, ON
BEHALF OF THE CITY, BETWEEN THE CITY OF SEBASTIAN AND
GENERAL DEVELOPMENT UTILITIES, INC. FOR PURCHASE OF
THE SEBASTIAN WATER AND WASTEWATER SYSTEM; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Waiver of Bidding Procedures - Golf Course - 20
Tons 15-0-15 IBDU Fertilizer with Barricade Pre-
Emergent Herbicide - Sole Source - Vigoro
Industries of Ft. Pierce - $13,740.00 (Golf
Course Superintendent Transmittal dated 10/8/93)
Waiver of Bidding Procedures - Golf Course -
4,000 Lbs - Marvelgreen Supreme Ryegrass Seed -
Sole Source - Sunbelt Seeds, Inc. of Norcross,
Georgia - $3,200.00 (Golf Course Superintendent
Transmittal dated 10/8/93)
Waiver of Bidding Procedure - Finance Department
- Purchase MITA 5685 Copier w/ AS-55020 Sorter
and Stapler - Sole Source - EGP, Inc. (Finance
Department Transmittal dated
Handrails for Handicap Ramp - Smitty's Welding
$1,255.00 (City Engineer Transmittal dated
10/14/93)
Sebastian Police Department - Chaplain Robert
Vollmar - Request Use of Community Center -
Christmas Party - 12/4/93 - Rental Fee Waiver -
Reduction of Security Deposit to $100 and A/B -
Permittee DOB 7/3/26 (City Clerk Transmittal
dated 10/18/93, Vollmar Memo dated 10/19/93)
Sebastian Panthers - Request Use of Community
Center - Homecoming Dance 11/5/93 - 6 pm to 11 pm
- Rental Fee Waiver - Reduction of Security
Deposit to $100 (City Clerk Transmittal dated
10/20/93, Application, Frost Letter dated
10/20/93)
4
93.322
93.323
93.324
93.325
93.326
10.
11.
12.
13.
13.
14.
15.
PRESENTATIONS- None
MAYOR AND CITY COUNCIL MATTERS
A. Vice-Mayor Frank Oberbeck
B. Mrs. Carolyn Corum
C. Mrs. Norma Damp
D. Mr. Robert Freeland
E. Mayor Lonnie R. Powell
Appoint Alternate Member to Treasure Coast
Regional Planning Council for Two Year Term
(City Clerk Transmittal dated 10/19/83, TCRPC
Letter dated 10/8/93, TCRPC Memo dated
2/21/92)
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
A. PLANNING AND ZONING COMMISSION
Recommend Appointment of Walter Barnes
to Fill Regular Member Position Vacated
by Shirley Killkelly - Three Year Term to
Expire 11/1/93 (Community Development
Transmittal dated 10/21/93, P & Z Memo dated
10/11/93, 5 Applications)
Recommend Appointment of Second Alternate
Herbert Munsart to Fill Unexpired First
Alternate Term Vacated by Walter Barnes -
Term to Expire 11/95
Recommend Appointment of Joseph Schulke to
Fill Unexpired Second Alternate Term
Vacated by Herbert Munsart - Term to Expire
1/96
OLD BUSINESS
NEW BUSINESS
Gardenia Street Right-of-Way (City Engineer
Transmittal dated 10/21/93, Map, Cooper Letter
dated 9/28/93, Dill Letter dated 10/12/93)
93.322
93.323
93.324
93.325
93.326
10.
11.
12.
13.
13.
14.
15.
PRESENTATIONS - None
MAYOR AND CITY COUNCIL MATTERS
A. Vice-Mayor Frank Oberbeck
B. Mrs. Carolyn Corum
C. Mrs. Norma Damp
D. Mr. Robert Freeland
E. Mayor Lonnie R. Powell
Appoint Alternate Member to Treasure Coast
Regional Planning Council for Two Year Term
(City Clerk Transmittal dated 10/19/83, TCRPC
Letter dated 10/8/93, TCRPC Memo dated
2/21/92)
CITY ATTORNEY MATTERS
CiTY M~NAGER MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
A. PLANNING AND ZONING COMMISSION
Recommend Appointment of Walter Barnes
to Fill Regular Member Position Vacated
by Shirley Killkelly - Three Year Term to
Expire 11/1/96 (Community Development
Transmittal dated 10/21/93, P & Z Memo dated
10/11/93, 5 Applications)
Recommend Appointment of Second Alternate
Herbert Munsart to Fill Unexpired First
Alternate Term Vacated by Walter Barnes -
Term to Expire 11/95
Recommend Appointment of Joseph Schulke to
Fill Unexpired Second Alternate Term
Vacated by Herbert Munsart - Term to Expire
1/96
OLD BUSINESS
NEW BUSINESS
Gardenia Street Right-of-Way (City Engineer
Transmittal dated 10/21/93, Map, Cooper Letter
dated 9/28/93, Dill Letter dated 10/12/93)
5
PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET
OCTOBER 27, 1993 REGULAR MEETING
(Use this form ONLY for input on items on the prepared agenda
EXCEPT for public hearings which have their own signup sheets.
You will now speak immediately prior to the subject after being
recognized by the Mayor.)
NAME
ADDRESS
ITEM NO.: 93.
SUBJECT :
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93.
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93.
' PUBLIC HEARING SIGN-UP SHEET
OCTOBER ~,~1993 REGULAR MEETING
93.246 Fischer Special Use Permit - Mulching and Burning
Use this fo~m OHL~ for public input on the above referenced
ADDRESS: /-/,'/-;f y,/'~.f,',~x;. ~,f.
ADDRESS
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INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGNUP SHEET
OCTOBER 27, 1993 REGULAR CITY COUNCIL MEETING
(Use this form ONLY for presentation of matters NO~ on the
prepared agenda. Introduction of Business from the Public is the
last item~_~-.i!('''~ ,~ '~'"'~'/"'"~ ~/~i
NAME: _. the agenda)
NAME:
ADDRESS:
SUBJECT:
NAME:
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2
,City of Sebastian
F,~T~ffr'l¢_.~ ~OX I~)UI~7 [] SEBASTIAN, FLORIDA ~
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, OCTOBER 27, 1993 - 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.
Invocation was given by Reverend Jim Brown,
Community Baptist Church.
4. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Also Present:
City Clerk/Acting city Manager,
Kathryn M. O'Halloran
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
city Engineer/PW Director, Dan Eckis
Finance Director, Marilyn Swichkow
Staff Accountant, Chris Moore
Deputy City Clerk, Sally Maio
Regular City Council Meeting
October 27, 1993
Page Two
93.326
Se
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).
Mrs. Damp recommended that item 15 A (93.326 -
Gardenia Street Right-of-Way), be moved up on the
agenda, since there is a closing on this property on
Monday and it is possible that the agenda will not be
completed.
MOTION by Corum/Freeland
I make a motion to move 93.326 15A to item 6A.
VOICE VOTE on the motion carried 5-0.
The city Attorney advised that consent item F (93.263
- Resolution No. R-93-61) be removed from the agenda
until the November 3, 1993 special meeting.
Mr. Oberbeck requested that "Mayor and city Council
matters" be moved to 13 B under "Committee
Reports/Recommendation".
MOTION by Oberbeck/Freeland
I move to that effect.
VOICE VOTE on the motion carried 5-0.
MOTION by Oberbeck/Damp
I would move to remove item F of the consent
agenda Resolution No. R-93-61 item number 93.263 F.
VOICE VOTE on the motion carried 5-0.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
None.
15 .A.
Gardenia Street Right-of-Way (city Engineer
Transmittal dated 10121/93, MaD. Cooper Letter
dated 9/28/93, Dill Letter dated 10/12/93)
This item was previously moved up on the agenda.
The Director of Community Development gave a brief
explanation and he and the city Engineer responded to
questions posed by the City Attorney regarding the
condition of the road.
2
Regular City Council Meeting
October 27, 1993
Page Three
93.246
MOTION by Freeland/Damp
I make a motion that we move to accept the east
25 feet of the out parcel in San Sebastian Springs
outlined in 93.326.
Mr. Oberbeck requested that "direct staff to have the
property properly recorded" be added and Mr. Freeland
concurred.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
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.
Continuation of Public Hearing - Fischer Special
Use Permit ~ Mulching and Burning ((Director of
community Development Transmittal dated 10/7/93,
Application. Cooper Letters dated 6/11/93 and
7/30/93, R-92-33, ~ Information Packet Under
~eparate Cover & Previously Distributed)
Mayor Powell opened the public hearing at 7:12 p.m.
Melody Manning, 7925 92nd Avenue, Vero Beach,
Florida, upon being sworn in, made inquiries to the
Director of Community Development, who was also sworn
in.
Regular City Council Meeting
October 27, 1993
Page Four
Ms. Manning continued with her inquiries.
Mrs. Corum inquired how many structures are permitted
on the property, and the Director of Community
Development stated that a construction trailer and
security mobile are permitted.
Fred Mensing, 7580 129th Street, Roseland, and Harry
Thomas, 654 Balboa Street, Sebastian, upon being
sworn in, made inquiries to the Director of Community
Development.
Ail others previously signed up declined to speak or
were absent.
Attorney Warren Dill, representing Henry Fischer,
introduced Randy Mosby, Mosby & Associates, who upon
being sworn in,
TAPE I - SIDE II (7:48 p.m.)
responded to Attorney Dill's inquiries relative to
alleged violations, the purpose of the applicant's
appearance before city Council to amend the legal
description and to extend approval to five years, the
use being temporary due to the value of the land, the
site's location in proximity to other residential
properties, steps taken to comply with Fire
Department regulations, benefits to the citizens and
builders in Sebastian, and the existence of two
building structures on the site.
Mr. Mosby responded to questions posed by the city
Attorney and Director of Community Development,
relative to profit of operation as opposed to
development of sites in this subdivision and
preparation of the original legal description.
Mr. Mosby responded to questions posed by Melody
Manning, Harry Thomas and John Laman.
Robert Walker, Vice President, Empire Engineering,
Vero Beach, responded to questions posed by Attorney
Dill, and subsequently Attorney Dill submitted a
letters from Robert Walker and Daniel Dietz to the
City Clerk for the record.
Mr. Walker responded to questions posed by the
Director of Community Development, the City
Attorney, and Melody Manning.
4
Regular City Council Meeting
October 27, 1993
Page Five
Melody Manning presented testimony to City Council
regarding alleged violations on the site and
proximity to schools and residential areas.
Ms. Manning responded to questions posed by the
Director of Community Development and Attorney Dill.
TAPE II - SIDE I (8:36 p.m.)
Attorney Dill continued his inquiries to Ms. Manning
and submitted a letter from Robert and Marian
Johnston of Veto Lakes Estates.
Mayor Powell called recess at 8:47 p.m. and
reconvened the meeting at 9:00 p.m. Ail members were
present.
Fred Mensing presented testimony to City Council
relative to benefits of the mulching operation and
was cross-examined by the City Attorney relative to
land clearing costs.
Harry Thomas presented testimony to City Council
relative to residential property being allegedly used
for full-scale industrial and was cross-examined by
Attorney Dill.
John Laman, 4500 Hunters Run circle, Grant, upon
being sworn in, presented testimony to City Council
in support of the facility.
Attorney Dill inquired whether any City Council
members intend to bring up any issues that were not
discussed tonight. Mayor Powell said he had received
a phone message regarding smoke in the area and had
discovered from Vice Mayor Oberbeck that the smoke
was in the area of 1-95. Mr. Freeland noted that
there are some comparisons between the Fey request
and this one. Mrs. Damp said she had received calls
regarding burning and had discovered that it was on
the Coraci property. Mrs. Corum said the word in the
environmental community is that this type of burning
will be stopped in 1994.
The City Attorney called Henry A. Fischer, to
testify, and upon being sworn in, he responded to
questions posed by the City Attorney.
Regular City Council Meeting
October 27, 1993
Page Six
The city Attorney noted that based on Mr. Fischer's
testimony the operation is in violation based on the
legal description.
The Director of Community Development followed up
with questions to Mr. Fischer relative to the survey
submitted with the previous application.
TAPE II - SIDE II (9:36 p.m.)
A lengthy City Council member deliberation ensued and
each made inquiries to the Director of Community
Development, Henry A. Fischer, Randy Mosby, and Fred
Mensing.
TAPE III - SIDE I (10:20 p.m.)
Attorney Dill made closing statements relative to the
applicant's request to modify the legal description,
grant an extension of five years and correct any
alleged violations that may exist on the subject
property.
Melody Manning offered further testimony to City
Council.
At 10:30 p.m. motion was made as follows.
MOTION by Oberbeck/Damp
I would move that we extend the meeting thirty
minutes.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
Mayor Powell called recess at 10:30 p.m. and
reconvened the meeting at 10:36 p.m. Ail members were
present.
Mayor Powell closed the public hearing at 10:36 p.m.
MOTION by Corum/Freeland
I make a motion that Council rejects the five
year extension for the mulching and incinerator
project.
6
Regular City Council Meeting
October 27, 1993
Page Seven
93.311
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
MOTION by Corum/Oberbeck
I make another motion that Council amends the
site plan to reflect the change in the staging area
of the mulching facility.
The City Attorney added "with a corrective legal
description" and "and direct the city Attorney to
draft a resolution to present to Council to approve
that" and Mrs. Corum and Mr. Oberbeck concurred.
The city Attorney said he would request a survey and
proper legal description from the applicant.
Discussion continued on the site that was approved in
1992.
ROLL CALL:
Mr. Freeland - nay
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 4-1 (Freeland - nay)
It was noted that this special use permit will expire
in July 1994.
8. ITEMS CARRIED FORWARD FROM 10113/93 AGENDA
RESOLUTION NO. R-93-54 - National Flood
Insurance.Reform Act of 1993 - Recommending
Changes (City Clerk Transmittal dated
10/7/93, R-93-54) (From Councilmember Freeland's
Matters)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
OPPOSING SENATE BILL 1405 REGARDING THE NATIONAL
FLOOD INSURANCE REFORM ACT OF 1993 AS IT iS CURRENTLY
WORDED, AND RECOMMENDING CERTAIN CHANGES WHICH WOULD
MAKE THE PROPOSED LAW ACCEPTABLE; PROVIDING FOR THE
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
7
Regular City Council Meeting
October 27, 1993
Page Eight
93.312
93.313
The City Attorney read Resolution No. R-93-54 by
title only.
Peter Fallon, Vero Beach, urged approval.
MOTION by Oberbeck/Freeland
I'm going to move to adopt Resolution No. R-93-
54.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 4-1 (Corum - nay)
B. Construction Board
Reappoint John Laman and Jerald Smith for
Additional Three Year Terms t_~o Expire
September 30, 1996 (Director o~f Community
Development Transmittal dated 9/17/93,
~ Applications)
MOTION by Oberbeck/Corum
i move to postpone this item to the next regular
meeting.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 4-1 (Damp - nay)
C. Police Pension Board
Confirm Appointment of Fifth Member to Two
Year Term to Expire 10/95 - Jud~ Robinson
~City Clerk Transmittal dated 10/7/93, Police
Pension Board Memo dated 10/14/93)
MOTION by Oberbeck/Corum
I would move to appoint the fifth member of the
Police Pension Board of Trustees selected by the four
other members to a two year term to expire 10/95,
that person being Ms. Judy Robinson.
Regular City Council Meeting
October 27, 1993
Page Nine
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
9. CONSENT AGENDA
Ail items on the consent agenda are considered to be
routine and will be enacted by one motion. There
will be no separate discussion of consent agenda
items unless a member of City Council so requests; in
which event, the item will be removed and acted upon
separately.
A. Approval of Minutes - 10/13/93 Regular Meeting
93. 314
Amend 9/8/93 and 9/22/93 Regular Meeting Minutes
(city Clerk Transmittal dated 10/19/93, Excerpts
of 9/8/93 and 9/22/93 Minutes)
93.315
RESOLUTION NO. R-93-55 - Vacation of Easement
(Community Development Transmittal dated 10/19/93,
R-93-55, Application, Survey, City Engineer Memo
dated 10/5/93, site Plan from 5/10/85)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING, AND DISCONTINUING THE WEST SIX FEET OF
LOT 1, AND THE EAST SIX FEET OF LOT 2 PUBLIC UTILITY
AND DRAINAGE EASEMENT, BLOCK 396, SEBASTIAN HIGHLANDS
UNIT 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PBI 7-56L, PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING FOR AN EFFECTIVE DATE.
93.209
De
RESOLUTION NO. R-93-56 - Seeking Certification to
Regulate Basic Cable Service Rates (Finance
Department Transmittal dated 10/20/93, R-93-56,
FCC 328 Form)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO SEEKING CERTIFICATION
WITH THE FEDERAL COMMUNICATIONS COMMISSION (F.C.C.)
TO REGULATE BASIC LEVEL SERVICE FOR CABLE TELEVISION
PROVIDERS; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
9
Regular City Council Meeting
October 27, 1993
Page Ten
93.316 E.
93.263
93.317
93. 318
93.319
RESOLUTION NQ~ R-93-57 - Urging Enactment of
Legislation to Stop Unfunded Federal Mandates
(City Clerk Transmittal dated 10/19/93, R-93-57,
Bird Letter dated 10/11/93, Macht Fax dated
10/15/93, Macht Letter dated 10/14/93, IRC
Resolution)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, URGING CONGRESS AND THE FEDERAL
ADMINISTRATION TO ENACT LEGISLATION THAT WOULD
RELIEVE COUNTIES AND CITIES OF ALL OBLIGATIONS TO
CARRY OUT ANY NEW MANDATE ARISING FROM FEDERAL LAW,
REGULATION OR POLICY UNLESS FEDERAL FUNDS ARE
PROVIDED; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-93-61 - Ratifying Fully Executed
Purchase and Sale Agreement - General Development
Utilities Water and Wastewater System (Finance
Director Transmittal dated 10/20/93, R-93-61,
Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RATIFYING THE PURCHASE AND SALE
AGREEMENT AS EXECUTED BY THE MAYOR AND CITY CLERK, ON
BEHALF OF THE CITY, BETWEEN THE CITY OF SEBASTIAN AND
GENERAL DEVELOPMENT UTILITIES, INC. FOR PURCHASE OF
THE SEBASTIAN WATER AND WASTEWATER SYSTEM; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Waiver of Bidding Procedures - Golf Course - 20
Tons 15-0-15 IBDU Fertilizer with Barricade Pre-
Emergent Herbicide - Sole Source - Vigoro
Industries of Ft. Pierce - $13,740.00 (Golf
Course Superintendent Transmittal dated 10/8/93)
Waiver of Bidding Procedures - Golf Course -
4,000 Lbs - Marvelgreen Supreme Ryegrass Seed -
Sole Source - Sunbelt Seeds, Inc. of Norcross,
Georgia - $3,200.00 (Golf Course Superintendent
Transmittal dated 10/8/93)
Waiver of Bidding Procedure - Finance Department
- Purchase MITA 5685 Copier w/ AS-55020 Sorter
and Stapler - Sole Source - EGP, Inc. (Finance
Department Transmittal dated
10
Regular city Council Meeting
October 27, 1993
Page Eleven
93.277 J.
Handrails for Handicap Ramp - Smitty's Welding
$1,255.00 (City Engineer Transmittal dated
10/14/93)
93.320 K.
Sebastian Police Department - Chaplain Robert
Vollmar - Request Use of Community Center -
Christmas Party - 12/4/93 - Rental Fee Waiver -
Reduction of Security Deposit to $100 and A/B -
Permittee DOB 7/3/26 (city clerk Transmittal
dated 10/18/93, Vollmar Memo dated 10/19/93)
93.321 L.
Sebastian Panthers - Request Use of Community
Center - Homecoming Dance 11/5/93 - 6 pm to 11 pm
- Rental Fee Waiver - Reduction of Security
Deposit to $100 (City Clerk Transmittal dated
10/20/93, Application, Frost Letter dated
10/20/93)
Mrs. Corum removed items G and H, and item F had been
previously withdrawn from the agenda.
The City Clerk/Acting City Manager read the consent
agenda in its entirety, including titles of
Resolution Nos. R-93-55, R-93-56, and R-93-57,
(Resolution No. R-93-61 had been withdrawn)
MOTION by Oberbeck/Freeland
I would move to approve items A, B, C, D, E, I,
J, K and L of the consent agenda.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
93. 317
Item G - Waiver of Bidding Procedures - Golf Course
20 Tons 15-0-15 IBDU Fertilizer
Mrs. Corum inquired about bid waivers due to sole
source and suggested another brand be used. The Golf
Course Superintendent responded.
MOTION by Corum/Oberbeck
I move the approval of item G of the consent
agenda.
11
Regular City Council Meeting
October 27, 1993
Page Twelve
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
93. 318
Item H - Waiver of Bidding Procedures ~ ~olf Course -
4,000 Lbs - Marvelgreen Supreme Ryegrass Seed
Mrs. Corum reiterated her previous comments about bid
waiver.
MOTION by Corum/Oberbeck
I move the approval of item H.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
10. PRESENTATIONS - None
12. CITY ATTORNEY M~TTERS
None.
93.327
Doug Anderson, 7490 Agawan Road, Micco_- Lion's
Club Request Use of Riverview Park - Steak Fry -
11/6/93 - 2:30 p.m. to 6:30 p.m. - Collect $7.95
Donation (City Clerk Transmittal dated 10/15/93,
Anderson Letter dated 10115/93, Flyer)
This item was moved to this position on the agenda
from Introduction of New Business from the Public.
TAPE III - SIDE II (10:52 p.m.)
Mrs. Corum inquired whether there were any
regulations relative to charging fees in city parks.
The city Attorney under the federal grant an
admission fee to the park cannot be charged, but that
does not preclude a person from selling a product.
12
Regular City Council Meeting
October 27, 1993
Page Thirteen
93.322
93.323
MOTION by Oberbeck/Corum
I would move that we approve the request of the
Lion's Club to use Riverview Park to hold a steak fry
on November 6th between the hours of 2:30 and 6:30.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
Mayor Lonnie R__. Powell
Appoint Alternate Member to Treasure Coast
Regional Planning Council for Two Year Term
lcit~ Clerk Transmittal dated 10/19/83, TCRPC
Letter dated 10/8/93, TCRPC Memo dated
2/21/92)
This item was moved to this position on the agenda.
Mrs. Corum volunteered for the alternate position.
14. COMMITTEE REPORTS/RECOMMENDATIONS
A. PLANNING AN__D ZONING COMMISSION
Recommend Appointment of Walter Barnes
to Fill Regular Member Position Vacated
by Shirley Killkelly m Three Year Term to
Expire 11/1/96 (Communit~ Development
Transmittal dated 10/21/93, P & Z Memo dated
10/11/93, ~ App!ications~
MOTION by Corum/Freeland
I make a motion that we with regrets accept the
resignation of Shirley Kilkelly and appoint Mr.
Walter Barnes to take her place for the year to
expire 11/1/96.
VOICE VOTE on the motion carried 5-0.
13
Regular City Council Meeting
October 27, 1993
Page Fourteen
93.324 2.
93.325
13.
Recommend Appointment of Second Alternate
Herbert Munsart to Fi!! Unexpired First
Alternate Term Vacated b_x Walter Barnes ~
Term to Expire 11/95
MOTION by Oberbeck/Freeland
I would move to appoint second alternate Herbert
Munsart to fill the unexpired first alternate term
vacated by Walter Barnes, term to expire 11/95.
VOICE VOTE on the motion carried 5-0.
Recommend Appointment o__f JoseDh Schulke to
Fill Unexpired $~cond Alternate Term
Vacated ~¥ Herbert Munsart ~ Term tO Expire
1/96
MOTION by Oberbeck/Freeland
I would move to appoint Joseph Schulke to fill
unexpired term vacated by Herbert Munsart, term to
expire 1/96·
VOICE VOTE on the motion carried 5-0.
CITY MANAGER MATTERS
The City Clerk/Acting City Manager requested
authorization to advertise for a public hearing for
the Airport Master Plan for November 10, 1993.
Mayor Powell appointed the Director of Community
Development to the Affordable Housing Committee.
Mayor Powell adjourned the meeting at 11:02 p.m.
A~-~~~~ ~/~ , 1993, City Council
City Clerk ~-