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HomeMy WebLinkAbout11061991 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 91.301/ 91.071 91.302/ 91.071 AGENDA SEBASTIAN CITY COUNCIL WORKSHOP MEETING WEDNESDAY, NOVEMBER 6, 1991 - 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. ROLL CALL 4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) 5 . ANNOUNCEMENTS 6. PUBLIC INPUT ON AGENDA ITEMS 7. WORKSHOP ITEMS A. Indian River County Water and Sewer Utility Franchise Negotiations (City Manager Recommendation dated 10/31/91, Cloud Letter dated 10/24/91, Draft Interlocal Utilities Agreement) B. Indian River Drive Sanitary Sewer Study (Staff Recommendation dated 10/25/91, Asher Letter dated 9/30/91, Proposed Gravity Only Layout, City Engineer Memo dated 10/18/91) 91.069 91.144 91.286 91.303 91.304 91.043 90.290 10. 11. Police Department On-Site Sewage Disposal System (Staff Recommendation dated 10/25/91, City Engineer Memo dated 10/23/91, HRS Septic Tank Permit Application, HRS Letter dated 10/10/91, Proposed Layout Sketches, Cost Estimates, Schuessler Letter dated 3/1/91) Review Proposed Electrical Service for New Police Station (Staff Recommendation dated 10/29/91, Director of Community Development Memo dated 10/25/91) Em Yacht Club Dock Restoration and Expansion (City Manager Recommendation dated 10/31/91, Riomar Letter dated 9/26/91, Sketch) Discuss Waiver of Bid Procedure to Purchase Twenty-Five Golf Carts on Sole Source Basis - Club Car Corp. - $50,525 (Staff Recommendation dated 10/10/91, Golf Course Manager Memo dated 10/9/91, Club Car Letter dated 10/10/91) Discuss Golf Course Bond Refunding (Staff Recommendation dated 10/16/91) Review Proposed Charter Amendments (City Clerk Recommendation dated 10/31/91, City Attorney Memo dated 10/31/91 [Proposed Amendments], City Attorney Letter dated 2/20/89, Potter Letter dated 2/7/89) Review Status of GDC Negotiations (City Manager Recommendation dated 10/31/91, City Manager Letter dated 10/31/91 w/ Attachments) MAYOR'S MATTERS COUNCIL MATTERS A. Vice Mayor Oberbeck B. Councilman Holyk C. Councilman Powell D. Councilman Reid CITY ATTORNEY MATTERS CITY MANAGER MATTERS 2 12. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) 13. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 3 NOVEMBER 6, 1991 REGULAR MEETING PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET SUBJECT: NAME: ADDRESS: SUBJECT: SUB~: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: City of Sebastian POST OFFICE BOX 780127 D SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [:3 FAX (407) 589-5570 M I N U T E S SEBASTIAN CiTY COUNCIL WORKSHOP MEETING WEDNESDAY, NOVEMBER 6, 1991 - 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. Mayor Conyers called the workshop meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Mayor W.E. Conyers Councilman Peter Holyk Vice Mayor Frank Oberbeck Councilman George Reid Absent: Councilman Lonnie Powell (excused) 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 Golf Course Manager, Jim DeLarme City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio City Council Workshop November 6, 1991 Page Two 91.301/ 91.071 4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) None. 5. ANNOUNCEMENTS None. 6. PUBLIC INPUT ON AGENDA ITEMS Richard R. Davis, 718 Concha Drive, Sebastian, recommended the City Engineer oversee work GDC is doing on the Elkcam Waterway Dam. Robert McCollum, 501Durant Street, Sebastian, recommended the city not use bond refunding money for an additional golf course and recommended against airport charter amendments until the compatibility study is completed. Earl Shroyer, 416 Columbus Street, Sebastian, questioned the duration of the one cent sales tax and was informed it was fifteen years from inception. Dolores McCarthy, 222 Fig Street, Sebastian, addressed the phase out of employee dependent health benefits, questioned certain city hiring practices and recommended against any airport charter changes at this time. Mayor Conyers announced that, in the future, he will be certain that the resolution governing meeting procedures is followed in regard to public input. A1Vilardi, 445 Georgia Boulevard, Sebastian, recommended that the Mayor continue to sign all contracts. 7. WORKSHOP ITEMS Indian River County Water and Sewer Utility Franchise Negotiations (City Manager Recommendation dated 10/31/91, Cloud Letter dated 10/24/91, Draft Interlocal Utilities Agreement) Special Attorney Thomas Cloud addressed Council, reiterated points set out in the briefing document that he had submitted to City Council prior to this 2 City Council Workshop November 6, 1991 Page Three meeting and reported on negotiations he and Hartman and ASsociates had held with Indian River County staff. Attorney Cloud recommended that the City Manager request to be heard before the County Commission to address two points that Commissioner Scurlock will not agree to in the agreement relative to installation of meters at pump stations and the date for takeover of the system. Discussion followed relative to inclusion of Park Place. Attorney Cloud explained his recommendation not to include Park Place in the agreement. Councilman Reid recommended that City Council go on record as requesting a meeting with the entire Indian River County Commission. Mayor Conyers said, for the record, that the City of Sebastian requested Indian River County to develop sewer in the city. Gerald Hartman, Hartman and Associates, Inc. addressed Council. He noted that he had met with John Little and that Mr. Little will be reporting to City Council. City Council concurred that the special attorney and consultant Obtain further information from Indian River County and consider the possibility of retaining Park Place in the agreements. Mr. Hartman requested and was granted permission to hold a meeting with area business people. It was suggested that the Community Center be utilized. Mr. Hartman said that any additional meetings beyond that one will not be charged to the city. Mayor Conyers called recess at 8:25 p.m. and reconvened the meeting at 8:43 p.m. All members present at roll call were in attendance. The City Manager requested and was given approval to schedule a Joint meeting with the City Council and Indian River County Commission in Sebastian. Vice Mayor Oberbeck requested that it not be held between November 15th and 23rd. 3 City Council Workshop November 6, 1991 Page Four 91.302/ B. 91.071 91.069 91.144 Indian River Drive Sanitary Sewer Study (Staff Recommendation dated 10/25/91, Asher Letter dated 9/30/91, Proposed Gravity Only Layout, City Engineer Memo dated 10/18/91) Gerald Hartman and City Engineer, Dan Eckis commented on a preliminary design and cost study relative to Indian River Drive sanitary sewer as prepared for Indian River County by Kimball-Lloyd, Inc. The City Engineer recommended that if at all possible a gravity system be used. Police Department On-Site Sewage Disposal System (Staff Recommendation dated 10/25/91, ~ Engineer Memo dated 10/23/91, HRS Septic Tank Permit Application, HRS Letter dated 10/10/91, Proposed Layout Sketches, Cost Estimates, Schuessler Letter dated 3/1/91) Carolyn Corum, 881 Delores Street, Sebastian, was assured, when expressing concern, that this was not a septic system. The City Manager noted that options no longer include a septic system due to HRS ob3ections. He said the options available are a sewage collection system for the entire City Hall complex at a cost of $42,600 or the police station only at a cost of $17,700. City Council concurred to develop the police station system only at this time. The City Manager said no motion was necessary since bid documents would be brought back to Council for approval. Review Proposed Electrical Service for New Police Station (Staff Recommendation dated 10/29/91, Director of Community Development Memo dated 10/25/91) Following a brief explanation by the City Manager, it was the consensus of City Council to send a letter to Architects Design Group requesting that they assume liability for the additional $7000 needed to install underground conduit which was omitted from the construction drawings. Regardless of a favorable 4 91.286 91.303 91.304 91.043 response, Council concurred with the underground conduit which cost the contractor has agreed to split with the city. Due to the revelation that the city will not be able to purchase a used generator as previously contemplated due to its poor condition, the City Manager was given authority to evaluate other options. Yacht Club Dock Restoration and Expansion (City Manager Recommendation dated 10/31/91, Riomar Letter dated 9/26/91, Sketch) FOllowing a brief discussion it was the consensus of City Council that staff will prepare the permits for restoration and expansion of the Yacht Club dock. Councilman Holyk said Rick Giteles had offered his assistance to city staff relative to permitting procedures. Discuss Waiver of Bid Procedure to Purchase Twenty-Five Golf Carts on Sole Source Basis - Club Car Corp. - $50,525 (Staff RecommendatiOn dated 10/10/91, Golf Co6rse Manager Memo dated 10/9/91, Club Car Letter dated 10/10/91) City Council concurred to initiate the purchase, however, they requested that staff investigate whether Club Car will still offer a $100 per cart discount. Discuss Golf Course Bond Refunding (Staff Recommendation dated 10/16/91) City Council concurred with the recommendation of the Finance Director to begin the process of bond refunding for the Golf Course. Review Proposed Charter Amendments (City Clerk Recommendation dated 10/31/91, City Attorney Memo dated 10/31/91 [Proposed Amendments], Cit~ Attorney Letter dated 2/20/89, Potter Letter dated 2/7/89) The City Attorney clarified the intent and source of each recommended charter amendment (see attached). City Council Workshop November 6, 1991 Page Six 90.290 City Council, in response to a poll by the City Attorney, directed the City Attorney to draft ordinances to amend numbers 3 through 13 in his memo to City Council dated October 31, 1991. in addition, the City Attorney was directed to amend Section 2.08(c) regarding filling City Council vacancies to authorize the City Council to appoint a replacement until the next regular election. Review Status of GDC Negotiations (City Manager Recommendation dated 10/31/91, City Manager Letter dated 10/31/91 w/ Attachments) The City Manager reported that there is draft contract language, however, certain exhibits need to be refined. 8. MAYOR'S MATTERS Mayor Conyers presented buttons given to him by Catherine Mitten to City Council in support of Jim Brady's "Calling on America" Campaign; requested staff to look into the location of the "Do Not Enter" sign at the Tennaco station; reported that the city is not considering horsedrawn carriages on the riverfront; and announced that he had taught a class of gifted children at Sebastian Elementary. COUNCIL MATTERS A. Vice Mayor Oberbeck Vice Mayor Oberbeck recommended that the city hire a full time retired contractor to oversee daily construction of the police facility; and requested an update on Laconia Street. B. Councilman ~ Councilman Holyk remarked that since the term "handicapped" has now become "physically challenged" in many circles, perhaps the city should follow suit; requested an update on the Riverfront Study; advised that words should not be taken out of context during Council discussions; and questioned how popular a tax increase would have been to citizens. 6 City Council Workshop November 6, 1991 PaGe Seven 10. 11. 12. 13. C. Councilman Powell Absent. D. Councilman Reid Councilman Reid questioned the status of the CAB report for the recent airport fatality; inquired as to progress on the Stephenson tract boardwalk; and commended Peter Jones for the fine architectural design he has achieved locally. CITY ATTORNEY MATTERS The City Attorney advised that the contract with Kimley-Horn for the city Traffic Circulation Study will be presented for approval at the next meetinG and was directed to attend the November 26, 1991 joint meetinG with the Indian River County Commission. CITY MANAGER MATTERS None. INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) None. Being no further business, Mayor Conyers adjourned the meeting at 10:20 p.m. O Halloran, City Clerk Council Meeting. 7 MEMORANDUM TO: FROM: DATE: RE: Mayor Conyers and Members of the Sebastian City Council Charles Ian Nash, city Attorney October 31, 1991 Recommended Charter Revisions REPORT TO SEBASTIAN CITY COUNCIL REGARDING RECOMMENDED CHARTER REVISIONS As requested, I have worked with the City Clerk to compose recommended revisions to the Sebastian City Charter. If you find all or any of the following recommendations to be in the best interest of the City of Sebastian, the procedure necessary to implement revisions would be the passage of an Ordinance to place revisions on the ballot for the consideration of the voting residents at the March, 1992 election. I would recommend making the following revisions to t~ Sebastian City Charter: 1) Repeal Paragraphs 7.2, 7.3, 7.4, 7.5 and 7.6 of Section 1.02 of the Sebastian City Charter regarding limitations on the authority of the City of Sebastian to regulate the Sebastian Municipal Airport. As expressed in the written legal opinions provided to the City of Sebastian by special airport counsel William Potter and by myself, it is my opinion that these charter provisions are unconstitutional, preempted by provisions of federal and state law, and/or unenforceable. (See copies of the opinion letters attached hereto.) 2) 3) 4) 5) 6) The second full paragraph of Paragraph 10 of Section 1.02 of the Sebastian City Charter should be modified to remove the limitation on rental fees to be paid by the golf course facility for the benefit of the Sebastian Municipal Airport as outlined in the specific resolutions cited in that provision and to remove the construction of the term "necessary administrative services." It is my opinion that general administrative services should encompass more than police and fire protection. Furthermore, the fees enumerated in the specified resolutions may need to be revised in the future due to future economic conditions or changes to bond covenants that may be adopted if the current revenue bonds are refinanced or otherwise replaced. Change the term "councilmen" to "council members" throughout the Sebastian City Charter. Change the term "councilman" to "council member" throughout the Sebastian City Charter. Change the term "council" to "City Council" throughout the Sebastian City Charter. Revise Section 2.06 to provide for the mayor to sign all contracts and other legal documents on behalf of the City as directed and authorized by the City Council. I would recommend using the following language: "Sec. 2.06. Mayor; Vice-Mayor. (a) The Mayor shall preside at all meetings of the City Council, and shall have a vote upon all matters coming before the City Council, but shall have no veto power. The Mayor shall have the power to preserve peace and order, and shall be recognized as the legislative head of the City government for all ceremonial purposes and by the Governor of the State of Florida for purposes of military law. The Mayor may sign all contracts, bonds, debentures, franchises and official documents on behalf of the City as directed and authorized by the City Council, which shall also be attested by the City Clerk. (b) At the first meeting following the general election, the City Council shall elect from among its members (other than the Mayor) a Vice-Mayor who shall act as Mayor during the absence or disability of the - 2 - Mayor. The senior member of the City Council shall act as Mayor during the absence or disability of both the Mayor and the Vice Mayor." This change would allow your chief administrative officer, the city Manager, the ability to sign these types of agreements on behalf of the City due to the fact that the Mayor may not always be available. See my recommendation in Item No. 9 below. 7) Revise Paragraph (a) of Section 2.12 to read as follows: "(a) Meetings. The City Council shall meet regularly at least once a month at such times and places as the City Council may prescribe by resolution. Special meetings of the City Council may be held on the call of the Mayor or the Vice Mayor or of three or more council members. Whenever practicable, each member shall receive at least twelve (12) hours' advance notice of any special City Council meeting called. If at least three council members deem the special meeting to be an emergency meeting, the twelve (12) hour advance notice requirement shall be waived. All City Council meetings shall be public meetings, except as otherwise permitted by law." s) 9) I would recommend that Section 2.16 be revised as follows: "Sec. 2.X6. Standing committees. (a) Standing committees of the City Council may be appointed by the city Council. The membership, powers and duties of such committees shall be as provided by the resolution of the City Council. (b) Periodic reports to the City Council shall be made by the standing committees as to the accomplishments and future activities contemplated by each standing committee, as directed by the city Council." I recommend that a new Paragraph (g) be added to Section 3.04 of the Sebastian City Charter to authorize the City Manager to sign all contracts, bonds, debentures, franchises - 3 - zo) and official documents on behalf of the City, which shall also be attested by the city Clerk. This will allow City documents to be signed by your chief administrative officer who is generally available on a full time basis. This authority would be concurrent with the authority granted to the Mayor. The new Paragraph (g) could read as follows: "(g) The city Manager, as authorized by the City Charter, the Sebastian Code of Ordinances, or by the direction of the City Council, may sign all contracts, bonds, debentures, franchises and official documents on behalf of the City, which may also be attested by the City Clerk." It is my opinion that Section 4.06 of the Sebastian City Charter be revised to reflect the fact that election precincts and polling places are established by the Supervisor of Elections for Indian River County. Therefore, I would recommend that Section 4.06 be revised to provide for the City Council to establish election precincts and polling places in the event that the Supervisor of Elections for Indian River County fails to do so. The proposed Section 4.06 could read as follows: "Sec. 4.06. Elections - precincts and polling places; designation of same. (a) The establishment of election precincts and polling places, including the designation of the number, boundaries and location of same, for the purpose of holding municipal elections, shall be established by the Supervisor of Elections for Indian River County, Florida. In the event the Supervisor of Elections for Indian River County, Florida, fails to perform such duties, or in the event the authority of the Supervisor of Elections for Indian River County, Florida, to perform such duties is revoked or rescinded, such authority shall be held by the City Council. (b) In the event that neither the Supervisor of Elections for Indian River County, Florida, nor the City Council establishes an election precinct and polling place for the City of Sebastian with respect to any municipal election, then the election precinct shall be the entire corporate - 4 - ii) 12) boundaries of the City of Sebastian and the polling place shall be the Sebastian Community Center." It is my opinion that Section 4.07 be revised to read as follows: "Bec. 4.07. Elections - How arranged; inspectors and clerks. The City Council, in conjunction with the City Clerk, shall make all necessary arrangements for holding all city elections and shall declare the results thereof. The City Council shall adopt a resolution, upon the calling of an election, stating therein where the same shall be held, and naming the different offices to be filled, or questions to be decided, and shall cause the notice of the election to be published in accordance with State law." In my opinion Section 4.08 of the Sebastian City Charter needs to be revised due to the fact that the Supervisor of Elections for Indian River County selects the canvassing board for City elections that are held concurrently with the County elections. Provisions should be made in Section 4.08 for establishing a City canvass board and providing procedures for conducting the canvass of election returns for City elections that are held at times when County elections are not also being held. The following provision has been recommended by your City Clerk and City Manager: "Sec. 4.08. City Canvassing Board; canvass of election returns. (a) If the Supervisor of Elections for Indian River County, Florida does not appoint a canvassing board to canvass the ballots cast in a municipal election involving the City, then the City Clerk shall appoint a City Canvassing Board to be composed of three individuals; one member shall be the City Clerk and the remaining two members shall be- appointed by the City Clerk. The City Clerk shall act as chairperson of the City Canvassing Board. (b) When a City Canvassing Board has been constituted, the City Canvassing Board shall meet at a place and time designated by the - 5 - chairperson as soon as practicable after the close of the polls of any municipal election involving the City, at which time, the City Canvassing Board shall proceed to publicly canvass the absentee electors' ballots and then publicly canvass the vote as shown by the returns then on file in the office of the Supervisor of Elections for Indian River County, Florida. The City Canvassing Board shall prepare and sign a certificate containing the total number of votes cast for each person or other measure voted on. The certificate shall be placed on file with the City Clerk. (c) The City Council shall hold a special meeting to be held on the first Monday following the election for the purpose of receiving the certificate of the canvassing of the returns by the Supervisor of Elections for Indian River County, Florida, or the City Canvassing Board, as the case may be. The City Council shall then declare the results of the election and enter them in the minutes of the special meeting. Any oath of office required to be administered to the newly- elected Mayor and Council Members shall be administered at such special City Council meeting or at the next City Council meeting where the newly-elected Mayor or Council Members are in attendance." It is my opinion that Section 4.09 of the Sebastian City Charter be revised to read as follows: "Bec. 4.09. Same - Ballots. The ballots shall conform to the form of ballots prescribed by the general election law of the State." Ann Robinson, the Supervisor of Elections for Indian River County, suggested that the Sebastian City Charter be modified so that the Sebastian City Council would be empowered to fill any vacancies in office, regardless of when and why, to avoid the considerable expense that the City would incur if it were to hold a special election to fill any such vacancy. I told Ms. Robinson that I would convey her recommendation to you. - 6 - I realize that you will have questions concerning the recommendations contained herein and I look forward to working with the City Clerk and other members of City staff to respond to your questions. .Respec~~mitted, CHARLE~ IAN NASH, City Attorney - 7 -