HomeMy WebLinkAbout11101993 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ri FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 10, 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.
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet provided prior to the meeting - limit often minutes per speaker (R-93-19)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Harold Lee - First 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. PROCLkMATIONS AND/OR ANNOUNCEMENTS
93.337/
89.003
93.338
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.
Sebastian Municipal Community Compatlbility Study
and Airport Master Plan (Final Master Plan Was
Previously Distributed) (Advertised 11/5/93 and
11/10/93) (city Clerk/Acting City Manager
Transmittal dated 11/3/93)
RESOLUTION NO. R-93-62 - Sebastian Lakes
Development Agreement (Director of Community
Development Transmittal dated 11/3/93, R-93-62,
Development Agreement)
1st Public Hearing, 2nd Public Hearing to be Held on
November 17, 1993
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY, A DEVELOPMENT
AGREEMENT WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA
GENERAL PARTNERSHIP; PROVIDING FOR RECORDING;
PROVIDING FOR SUBMITTAL OF A COPY OF THE RECORDED
DEVELOPMENT AGREEMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (Advertised 11/3/93 and
11/10/93 Legal Notices)
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.
93.338
93.339
93.340
93.341
93.263
ae
Approval of Minutes - 10/27/93 Regular Meeting,
11/3/93 Special Meeting, 11/3/93 Workshop
Rotary Club - Request Use of Community Center -
Thanksgiving Turkey Raffle - 11/15/93 - 6 p.m. to
12 p.m. - Rental Fee Waiver - A/B - Permittee
Anthony Donini DOB 2/3/55 (City Clerk Transmittal
dated 10/26/93, Application, Donini Letter dated
10/26/93)
Waiver of Bidding Procedure - Police Department
Rental Vehicle through M.A.C.E. - Mear's
Leasing - $350.00 Per Month - Below Current Lease
Price (City Clerk Transmittal dated 11/2/93,
Acting Chief of Police Memo dated 9/24/93)
waiver of Bidding Procedure - Police Department -
Purchase One '94 Chevrolet Cargo Van - jerry Hamm
Chevrolet of Jacksonville - $12,777.80 - Below
Current State Contract Price (Chief of Police
Transmittal dated 11/3/93, Chief of Police Memo
dated 11/3/93)
Receive Code Enforcement Complaint Nos. 93-8571
(Holland), 93-8469 and 93-8652 (Vredenburgh)
RESOLUTION NO.. R-93-63 - Establishing Compliance
with 180.301 F.S. and Ratification of GDU
Purchase & Sales Agreement (Finance Director
Transmittal dated 11/4/93, R-93-63, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR CERTAIN
DETERMINATIONS, FINDINGS, AND STATEMENTS AS REQUIRED
IN SECTION 180.301, FLORIDA STATUTES; RATIFYING THE
CITY OF SEBASTIAN, FLORIDA/GENERAL DEVELOPMENT
UTILITIES, INC. WATER AND SEWER SYSTEM PURCHASE AND
SALE AGREEMENT AS SIGNED BY THE MAYOR AND CITY CLERK,
A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION AS
EXHIBIT "A"; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
9. PRESENTATIONS
93.312
93.342
93.343
93.344
93.345
10. MAYOR AND CITY COUNCIL MATTERS
11.
12.
13.
14.
15.
16.
A. Vice-Mayor Frank Oberbeck
B. Mrs. Carolyn Corum
C. Mrs. Norma Damp
D. Mr. Robert Freeland
E. Mayor Lonnie R. Powell
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
A. CONSTRUCTION BOARD
Reappoint John Laman and Jerald Smith for
Additional Three Year Terms to Expire
September 30, 1996 (Director of Community
Transmittal dated 11/1/93, Sec. 26-191(b)
Code, Director of Community Development
Transmittal dated 9/17/93, 3 Applications)
OLD BUSINESS - None
NEW BUSINESS
ae
Police Department Records Division Position
Upgrades (city Clerk/Acting City Manager
Transmittal dated 11/3/93, Position List)
City Employee Health Insurance Coverage (Finance
Director Transmittal dated 11/3/93)
Waiver of Bidding Procedure - Public Works -
Backhoe - Case Power Equipment - $35,850 (City
Engineer Transmittal dated 11/4/93, Thomas Letter
dated 11/2/93, Clopein Letter dated 10/27/93,
Proposals)
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-19
Limit of Ten Minutes for Each Speaker)
Indian River REACT - Request Use of Yacht Club -
First Monday of Each Month - 7 p.m. to 10 p.m. -
Monthly Business Meetings - Rental Fee Waiver and
Reduction of Security Deposit to $100.00 (City
Clerk Transmittal dated 10/29/93, Rodefer Letter
dated 10/26/93 w/ Backup)
93.346 B.
Leroy Hiers - Discuss Use of Barber Street Sports
Complex - Softball (No Backup)
17. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD iNCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS
IN ADVANCE OF THIS MEETING.
5
93.337/
89.003
PUBLIC HEARING SIGN-UP SHEET
NOVEMBER 10, 1993 REGULAR MEETING
A. Sebastian Municioal C~.ommunity Compatibility Study
and Airport Master man
Use this form ONLY for public input on the above referenced
public hearing item ..... '-'--"-2 ~
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93.085
PUBLIC HEARING SIGN-UP SHEET
NOVEMBER 10, 1993 REGULAR MEETING
B. RESOLUTION NO. R-93-62 - Sebastian Lakes
Development Xgreement
1st Publlc Hearing, 2nd Public Hearing to be Held on
November 17, 1993
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY, A DEVELOPMENT
AGREEMENT WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA
GENERAL PARTNERSHIP; PROVIDING FOR RECORDING;
PROVIDING FOR SUBMITTAL OF A COPY OF THE RECORDED
DEVELOPMENT AGREEMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (Advertised 11/3/93 and
11/10/93 Legal Notices)
Use this form ONLY for public input on the above referenced
public hearing item ~ ~
NAME:
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INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGNUP SHEET
NOVEMBER 10, 1993 REGULAR CITY COUNCIL MEETING
(Use this form ONLY for presentation of matters HOT on the
prepared agenda. Introduction of Business from the Public is the
last item on the agenda)
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PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET
NOVEMBER 10, 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.)
ADDRESS : / x_~ ~
ITEM NO.: 93.
SUBJECT :
ITEM NO.: 93.
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of Sebastian
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TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 10, 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.
Vice Mayor Oberbeck called the Regular Meeting to
order at 7:00 p.m. and announced that Mayor Powell
would be late.
2. The Pledge of Allegiance was recited.
3. No invocation was given.
4. ROLL CALL
Present:
Mayor Lonnie Powell (8:23 p.m.)
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
Utilities Director, Richard Votapka
Finance Director, Marilyn Swichkow
Personnel Director, Wendy Widmann
Airport Manager John Van Antwerp
Deputy city Clerk, Sally Maio
Regular City Council
November 10, 1993
Page
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).
Vice Mayor Oberbeck announced that agenda item 93.346
had been withdrawn by Leroy Hiers.
The city Attorney recommended that public hearing
items A and B be switched since item B will have a
second public hearing on November 17, 1993 and that
several people are here from out of town to speak to
that item. City Council concurred.
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Vice Mayor Oberbeck announced a Health Awareness Day
at Barefoot Bay pavilion on November 16, 1993, and
that the Boy Scouts had distributed bags on November
6, 1993 to be picked up on November 13, 1993 for
collection of canned goods for the needy.
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.
2
Regular City Council
November 10, 1993
Page Three
93.085 B.
RESOLUTION NO. R-93-62 - Sebastian Lakes
Development Agreement (Director of Community
Development Transmittal dated 11/3/93, R-93-62,
Development Agreement)
1st Publlc Hearing, 2nd Public Hearing to be Held on
November 17, 1993
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN, ON BEHALF OF THE CITY, A DEVELOPMENT
AGREEMENT WITH SEBASTIAN LAKES ASSOCIATES, A FLORIDA
GENERAL PARTNERSHIP; PROVIDING FOR RECORDING;
PROVIDING FOR SUBMITTAL OF A COPY OF THE RECORDED
DEVELOPMENT AGREEMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (Advertised 11/3/93 and
11/10/93 Legal Notices)
Vice Mayor Oberbeck announced the public hearing at
7:06 p.m., and the City Attorney read Resolution No.
R-93-62 by title only.
The Director of Community Development updated City
Council on progress on Laconia Street and the
development agreement.
The City Attorney reported that the property owner
has requested that the city enter into an agreement
to provide water service to the development and an
assurance that there is no objection to Indian River
County providing wastewater service. He said he had
just received a proposed agreement, advised that he
will need to review the agreement with bond counsel
and that there was not sufficient time to place the
utility agreement on the November 17th agenda. He
recommended that the development agreement public
hearing be held on November 17th and that, if city
Council chooses, the development agreement not be
executed until the utility agreement is approved by
City Council and executed.
Barbara Hall, Greenberg - Traurig, addressed City
Council on behalf of St. Paul Corporation, and
requested that the November 17, 1993 hearing on the
development agreement continue and that they be given
thirty days for the utility agreement.
Regular City Council
November 10, 1993
Page Four
J.W. Thompson, 125 Main Street, Sebastian, addressed
City Council.
Vice Mayor Oberbeck closed the public hearing at 7:15
p.m.
The City Attorney reiterated his recommendation
relative to the utility agreement.
MOTION by Corum/Freeland
I'll make a motion that Council approves the
first public hearing, sets the second public hearing
for November 17, 1993 for Resolution R-93-62.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - absent
MOTION CARRIED 4-0 (Powell - absent)
93.337/
89.003
Sebastian Municipal Airport Community Compatibility
Study and Airport Master Plan (Final Master Plan Was
Previously Distributed) (Advertised 11/5/93 and
11/10/93) (City Clerk/Acting City Manager
Transmittal dated 11/3/93)
Vice Mayor Oberbeck opened the public hearing at
7:20 p.m.
Jean Lindsey, Williams, Hatfield and Stoner, gave a
brief overview of FAA comments on the plan as
submitted in January, and advised that the role of
Council, if it concurs with the plan, is to approve
it as amended, at which time the plan will be sent
back to FAA for final approval. She cautioned that
when the city arrives at the implementation stage,
further negotiations for funding for FBO relocations
will have to take place, therefore, to be sure the
plan is implemented holistically rather than
piecemeal, staff may want to consider this when it
writes referendum language.
The Airport Manager said he had forwarded the city's
responses to FDOT and FAA comments and has received a
verbal approval from them.
4
Regular City Council
November 10, 1993
Page Five
The Director of Community Development said if the
master plan is adopted staff will be pursuing a
rezoning on the airport property. The City Attorney
advised that to implement the airport master plan a
charter revision will be necessary.
George Reid, 202 Delmonte Road; Warren Dill, 11675
Roseland Road; Frank DeJoia, 11625 Roseland Road;
John Evans, 11155 Roseland Road; urged implementation
of the plan in total rather than in phases and
suggested that the consultants be retained until
implementation; Warren Biebel, 7 Gail Road, River's
Edge, thanked Council for its hard work on the plan.
The city Attorney responded to comments and
reiterated that he and special legal counsel had, in
the past, opined that certain provisions in the
charter relative to the airport are unconstitutional
and should be repealed; expressed concern about how
this or future city council can be bound to the full
implementation of the master plan since
implementation will be dependent on funding; said a
straw poll can be conducted or that the voters will
have to have confidence or elect Councils to put
forth projects that meet with their desires; and said
he would work with the Airport Manager to draft a
charter amendment to delete language that is in
conflict with the master plan.
The Airport Director reiterated the City Attorney's
concerns relative to the airport master plan's
conflict with the Charter.
TAPE I - SIDE II (7:47 p.m.)
Vice Mayor Oberbeck closed the public hearing at
7:49 p.m.
City Council discussion followed. Mr. Freeland said
he had been advised that FDOT has approved funding
for airport improvements in their five year plan.
The City Attorney responded to concerns expressed by
Mrs. Corum relative to conflicts between the Charter
and the master plan.
Ms. Lindsey explained that due to a previous charter
revision limiting use at the airport, the FAA said
the city could not limit use under the terms of its
deed requirements and had stated it would take back the
5
Regular City Council
November 10, 1993
Page Six
airport, which resulted in the current standstill
agreement with FAA, the hiring of Williams, Hatfield
and Stoner, and diligent efforts to establish a
master plan acceptable to all concerned parties.
The City Attorney again recommended that if Council
adopts the master plan, it should submit a referendum
to amend the Charter so that the Charter is not in
conflict with the plan and advised that City Council
seek input from the public on proposed Charter
language.
MOTION by Freeland/Damp
I move that city Council approve the airport
master plan and direct the City Attorney to prepare
an ordinance placing the referendum question on the
March 8, 1994 ballot to amend the City Charter.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - absent
Mr. Oberbeck - aye
MOTION CARRIED 4-0 (Powell - absent)
Vice Mayor Oberbeck called recess at 8:02 p.m. and
reconvened the meeting at 8:15 p.m. All members
present prior to the recess were present.
8. 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 - 10/27/93 Regular Meeting,
11/3/93 Special Meeting, 11/3/93 Workshop
93.338
Rotary Club - Request Use of Community Center -
Thanksgiving Turkey Raffle - 11/19/93 - 6 p.m. to
12 p.m. - Rental Fee Waiver - A/B - Permittee
Anthony Donini DOB 2/3/55 (City Clerk Transmittal
dated 10/26/93, Application, Donini Letter dated
10/26/93)
6
Regular City Council
November 10, 1993
Page Seven
93.339 C.
93.340 D.
93.341 E.
93.263 F.
Waiver of Bidding Procedure - Police Department
Rental Vehicle through M.A.C.E. - Mear's
Leasing - $350.00 Per Month - Below Current Lease
Price (City Clerk Transmittal dated 11/2/93,
Acting Chief of Police Memo dated 9/24/93)
Waiver of Bidding Procedure - Police Department -
Purchase One '94 Chevrolet Cargo Van - Jerry Hamm
Chevrolet of Jacksonville - $12,777.80 - Below
Current State Contract Price (Chief of Police
Transmittal dated 11/3/93, Chief of Police Memo
dated 11/3/93)
Receive Code Enforcement Complaint Nos. 93-8571
(Holland), 93-8469 and 93-8652 (Vredenburgh)
RESOLUTION NO. R-93-63 - Establishing Compliance
with 180.301 F.S. and Ratification of GDU
Purchase & Sales Agreement (Finance Director
Transmittal dated 11/4/93, R-93-63, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR CERTAIN
DETERMINATIONS, FINDINGS, AND STATEMENTS AS REQUIRED
IN SECTION 180.301, FLORIDA STATUTES; RATIFYING THE
CITY OF SEBASTIAN, FLORIDA/GENERAL DEVELOPMENT
UTILITIES, INC. WATER AND SEWER SYSTEM PURCHASE AND
SALE AGREEMENT AS SIGNED BY THE MAYOR AND CITY CLERK,
A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION AS
EXHIBIT "A"; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE
DATE.
The City Clerk/Acting City Manager read the consent
agenda in its entirety, including the title for
R-93-63.
Vice Mayor Oberbeck said Harry Thomas had signed up
to speak on items for bid waiver.
Mrs. Corum removed item D for the benefit of Mr.
Thomas.
7
Regular City Council
November 10, 1993
Page Eight
93.340
10.
MOTION by Freeland/Corum
I move that we accept items A, B, C, E and F on
the consent agenda.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - absent
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 4-0 (Powell - absent)
Item D - Waiver of Bidding Procedure_- Police
Department ~ Purchase One '94 Chevrolet Cargo Va__n
Harry Thomas, 654 Balboa Street, Sebastian expressed
concern relative to waiver of bids.
MOTION by Corum/Freeland
I move the approval of item D of the consent
agenda.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - absent
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 4-0 (Powell - absent)
9. PRESENTATIONS
None.
MAYOR AND CITY COUNCIL MATTERS
A. Vice-Mayor Frank Oberbeck
Vice Mayor Oberbeck passed and requested to speak
last.
B. Mrs. Carolyn Corum
Mayor Powell arrived at 8:23 p.m.
Mrs. Corum objected to Mayor Powell's treatment of
Fish and Wildlife representatives at the special
meeting relative to a Habitat Conservation Plan on
November 8, 1993; and commended people who come
prepared to speak at the podium.
8
Regular City Council
November 10, 1993
Page Nine
11.
C. Mrs. Norma Damp
In response to Mrs. Damp's inquiry relative to
specimen tree removal approval, the Director of
Community Development responded that the tree
ordinance will be back to Council in December.
D. Mr~ ~obert Freeland
Mr. Freeland said he believed Mrs. Corum uses
meetings for a soapbox; reported on today's MPO
meeting and commended the city Engineer for his
efforts in obtaining funding for the riverfront
project; reported that the MPO is required to have a
citizen's committee and suggested that City Council
appoint someone interested in the community;
expressed concern for the process of recent formation
of a county-wide committee of elected officials and
suggested that the city representative be selected by
the City Council or the Mayor.
Mayor Lonnie R. Powell
Mayor Powell apologized for being late; explained
what took place between Brian Tolland of Florida Fish
and Game and himself on Monday night; expressed
concern for having no prior knowledge of
Councilmember Damp's membership on a county-wide
committee.
Vice Mayor Oberbeck explained the purpose of the
Metropolitan Planning Organization.
Mayor Powell said city Council and staff have been
invited to attend a tour of the new high school on
November 22, 1993.
CITY ATTORNEY MATTERS
The City Attorney reported that staff is working
diligently on the bond issue and said that the rate
resolution may have to be acted upon at a special
meeting, since an ordinance may have to be put in
place to authorize the imposition of impact fees
prior to rates being adopted.
Mr. Freeland inquired whether the city could enter
into a contract with First Union when they foreclose
on the.Julian property with certain conditions.
9
Regular City Council
November 10, 1993
Page Ten
The City Attorney said it was his belief that City
Council was still interested in purchase of the
property, therefore, dialogue has continued with
First Union and Barnett Bank.
12. CITY MANAGER MATTERS
The city Clerk/Acting City Manager recommended that
the public review agenda backup in City Hall prior to
meetings.
13. COMMITTEE REPORTS/RECOMMENDATIONS
A. CONSTRUCTION BOARD
93.312
Reappoint John Laman and Jerald Smith for
Additional Three Year Terms t__o Expire
September 30, 1996 (Director o__f Community
Transmittal ~ 11/1/93, Sec. 26-191(b)
Code, Director o__f Community Devel~ment
Transmittal dated 9/17/93, ~ Applications)
John Kanfoush, 1437 Seahouse Street, Sebastian,
inquired why someone from another county can be on
the board.
The Director of Community Development said this
board's requirements allow someone from out of the
county to be a member and that neither member up for
reappointment is a county resident.
TAPE II - SIDE I (8:45 p.m.)
Mr. Freeland said he believed the two term limit was
developed to avoid cronyism and that Mr. Laman has
served one month short of a six year term.
Vice Mayor Oberbeck and Mayor Powell concurred with
Mr. Freeland's concern about tenure; Mr. Freeland
said Wayne Tozzolo is interested in serving on this
board and Mrs. Damp expressed concern for losing
members who have gained tenure.
MOTION by Freeland/Corum
I make a motion that we send the request back to
the Construction Board for another appointee in place
of John Laman.
10
Regular City Council
November 10, 1993
Page Eleven
Mrs. Corum inquired whether there are other
applications on file for this board. The Acting City
Manager said she would check.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - nay
Mr. Freeland - aye
MOTION CARRIED 4-1 (Damp - nay)
MOTION by Freeland/Oberbeck
I make a motion that we reappoint Jerald Smith
for an additional three year term to expire September
30, 1996.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
· MOTION CARRIED 5-0
14. OLD BUSINESS
None.
15. NEW BUSINESS
93.342
Police Department Records Division Position
Upgrades (city Clerk/Acting City Manager
Transmittal dated 11/3/93~ Position List)
The Personnel Director advised that these positions
were requested at budget time and inadvertently left
out of the final budget. The Finance Director stated
that the cost of the upgrades would be approximately
$3,000.
MOTION by Oberbeck/Freeland
I would move to approve the positions requested
by the Chief during the budget workshop hearings for
a.change in the clerical position, clerk I position in
the Police Department, and upgrade and authorize a new
position of Administrative Secretary.
11
Regular City Council
November 10, 1993'
Page Twelve
93.343
93.344
ROLL CALL:
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 4-1 (Corum - nay)
Be
city Employee Health Insurance Coverage (Finance
Director Transmittal d~ted 11/3/93)
The Personnel Director reported that the anticipated
cost health insurance costs for each employee will be
$4,476, an increase of $576 over the $3,900 cap, and
recommended, to alleviate individuals from dropping
out of the group plan, that City Council cover the
estimated increase.
The Finance Director noted that the additional cost
to the city will be $800 per employee since $300 per
month per employee was actually allocated in this
fiscal year, and recommended reallocating the money
in the merit pool to the insurance cost.
MOTION by Corum/Oberbeck
I make a motion for the city to pay the health
insurance coverage retroactive from October for the
'93/94 fiscal year up to a cost of $4,476 per
employee.
"with the funding to come out of the merit pool that
the Council set out" was added to the motion.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
Ce
Waiver o__f Bidding Procedure L Public Works -
Backhoe - Case Power Equipment_- $35.,859 (City
Engineer Transmittal dated 11/4~93. Thomas Letter
dated 11/2/93. Clopein Letter dated 10/27/93,
Proposals)
Vice Mayor Oberbeck was excused from 9:12 p.m. to
9:14 p.m.
12
Regular City Council
November 10, 1993
Page Thirteen
The city Engineer reiterated his justification for
waiver of bid for purchase of the backhoe as
presented in his backup.
TAPE II - SIDE II (9:19 p.m.)
The City Engineer responded to Mr. Freeland's
concerns about used machinery and exceeding budget.
Mayor Powell advised the City Engineer to try to cut
his budget by $6,000 elsewhere in his budget.
MOTION by Oberbeck/Freeland
I would move that we waive the bidding procedure
for public works backhoe and proceed to purchase the
Case Machine for $35,850 as per the Engineer's
transmittal dated 11/4/93.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
93.345
16.
INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-93-i9
Limit of Ten Minutes for Each Speaker)
Indian River REACT - Request Use of Yacht Club -
First Monday'of Each Month m ! p.m. to 10 p.m. -
Monthly Business Meetings - Rental Fe__e Waiver and
Reduction of Security Deposit to $100.00 (city
Clerk Transmittal dated 10129~93, Rodefer Letter
dated 10L26/93 w/ BackUp)
Brenda Rodefer, Space Coast REACT, addressed City
council.
MOTION by Oberbeck/Freeland
I would move to approve the request of REACT.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
13
Regular City Council
November 10, 1993
Page Fourteen
93.346 B.
Leroy Hiers - Discuss Use of Barber Street Sports
Complex - Softball (No Backup)
This item had been withdrawn by Leroy Hiers.
Other
Herbert Sturm, 549 Saunders Street, Sebastian,
addressed City Council on Code Enforcement matters
and requested that city Council appoint a board to
review his case.
Mayor Powell announced a meeting being held on
November 16, 1993 at the Sebastian River Middle
School for all those who are interested in input on
the new high school.
17.
Being no further business, Mayor Powell adjourned the
Regular Meeting at 9:33 p.m.
Approved at the ~ /~ , 1993, City Council
'- R. ~, ~ay
14