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HomeMy WebLinkAbout11181992 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, NOVEMBER 18, 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 - Reverend Merola - St. Elizabeth Church 4. ROLL CALL 3 ITEMS CARRIED FORWARD FROM 11/4/92 WORKSHOP ~See 11/4/92 Agenda Packet for Backup) 92.220 Channel 68 Marina - Richard Fey (Staff Recommendation dated 10/29/92, Fey Letter dated 10/28/92, Jones Survey dated 9/16/92, DER Notice dated 10/19/92) 92.262 Permitting Skydiving Activities at the Sebastian Municipal Airport and Leasing Airport Property (Staff Recommendation dated 10/29/92, Report of FAA Rulings, City Attorney Letter dated 10/28/92) 92.305 Barber Street Sports Complex Expansion - Engage Services of Mosby and Associates, Inc. - Preparation of Master Plan (City Manager Recommendation dated 10/28/92, Mosby Proposal dated 10/28/92) 92.306 92.299 92.307 92.308 8. 9. 10. 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). PROCLAMATIONS AND/OR ANNOUNCEMENTS PUBLIC HEARING, FINAL ACTION - None 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 - 10/28/92 Regular Meeting, 11/4/92 Special Meeting/Workshop RESOLUTION NO. R-92-44 - Fraternal Order of Police Union Contract - 10/1/92 - 9/30/95 (City Manager Recommendation dated 11/12/92, R-92-44, City Manager Memo dated 10/13/92) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING THE FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE AGREEMENT FOR POLICE OFFICERS, INVESTIGATORS AND SERGEANTS FOR THE PERIOD FROM OCTOBER 1, 1992 THROUGH AND INCLUDING SEPTEMBER 30, 1995; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Waiver of Bidding Procedure - State Contract Price - Purchase Public Works Dump Truck - $25,988 (Staff Recommendation dated 11/2/92, Price List) Bid Award - Public Works - 3 Gang Flail Mower - Berggren Equipment Company, Ft. Pierce - $19,585. (Staff Recommendation dated 11/12/92, Bid Tabulation, Assistant Public Works Director Memo dated 11/12/92) Waiver of Bidding Procedure - Authorize Purchase of LEA6307 Surveillance System from Law Enforcements Associates, Inc. - $3,750 (Staff Recommendation dated 11/3/92, LEA Letter dated 10/28/92 and Specs) 2 NOVEMBER 18, 1992 REGULAR CITY COUNCIL MEETING INTRODUCTION OF BUSINESS FROM THE PUBLIC SIGNUP SHEET (Use this form ~LF for presentation of matters N~f on the prepared agenda. Introduction of Business from the Public is the last item on the agenda) NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: 2 NOVEMBER 18, 1992 REGULAR CITY COUNCIL MEETING PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET (Use this form OWLF 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 than during. "Pqblic Input on Agenda Items" please note.) NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: NAME: ADDRESS: SUBJECT: City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 rn FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, NOVEMBER 18, 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. Vice Mayor Oberbeck called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. Invocation was given by Reverend Merola, St. Elizabeth Church. 4. ROLL CALL Present: Absent: Vice Mayor Frank Oberbeck Mrs. Carolyn Corum Dr. Peter Holyk Mr. George Reid Mayor Lonnie Powell (excused) Also Present: City Manager, Robert McClary City Attorney, Charles Nash Director of Community Development, Bruce Cooper Finance Director, Mike Hudkins Chief of Police, Earle Petty Deputy City Clerk, Sally Maio Clerk II, Linda Lohsl Regular City Council Meeting November 18, 1992 Page Two 3 ITEMS CARRIED FORWARD FROM 11/4/92 WORKSHOP (See 11/4/92 Agenda Packet for Backup) 92.220 A. Channel 68 Marina - Richard Fey (Staff Recommendation dated 10/29/92, Fey Letter dated 10/28/92, Jones Survey dated 9/16/92, DER Notice dated 10/19/92) Following input from Randy Mosby, Mosby & Associates, representing Richard Fey, and a lengthy discussion among Mr. Mosby, the Director of Community Development, City Manager and City Council, motions were made as follows: MOTION by Holyk/Reid I would move that we accept the riparian rights line. VOICE VOTE on the motion carried 4-0 (Powell absent) MOTION by Holyk/Reid I would move that we allow the existing dock facility in its present location. VOICE VOTE on the motion carried 4-0. (Powell absent) MOTION by Holyk/Corum I would move that we grant Mr. Fey's request to allow the tie poles within one foot of riparian rights line beyond 200 feet from the shore line on the north side of his dock. VOICE VOTE on the motion carried 4-0. (Powell absent) The Director of Community Development noted that the following issues were necessary for comment to Department of Environmental Regulation. MOTION by Holyk/Re±d I would move that we accept the deck addition with the 100' square foot building for fuel facilities. VOICE VOTE on the motion carried 4-0. (Powell absent) MOTION by Holyk/Reid I would move that we accept the design for the channel markers and marina identification sign. Regular City Council Meeting November 18, 1992 Page Three 92.262 VOICE VOTE on the motion carried 4-0. (Powell absent) MOTION by Holyk/Reid I would move that we allow the current owner to continue the maintenance dredging of the submerged lease area. VOICE VOTE on the motion carried 4-0. (Powell absent) Permitting Skydiving Activities at the Sebastian Municipal Airport and Leasin~ Airport Property (Staff Recommendation dated 10/29/92, Report of FAA Rulings, Cit~ Attorney Letter dated 10/28/92) The Finance Director and Airport Manager gave brief reports recommending that an FAA safety study be conducted, followed by City Manager input. Clay Price, Skydlve Sebastian, Inc. addressed City Council. TAPE I - SIDE II Following a lengthy discussion relative to public safety issues and lease proposals, motion was made. MOTION by Holyk/Reid I would move that we direct staff to negotiate diligently with Skydive Sebastian, Inc. to promulgate a set of rules to protect the public safety and allow Skydive Sebastian, Inc. to piggyback onto an existing lease but that the city not waive any terms of the current lease with that tenant and concurrently request the FAA to do a safety study regarding parachuting at Sebastian Airport with all due haste. VOICE VOTE on the motion carried 4-0. (Powell absent) Mr. Oberbeck called recess from 8:10 p.m. to 8:20 p.m. All members were present when the meeting reconvened. 3 Regular City Council Meeting November 18, 1992 Page Four 92.305 C. Barber Street Sports Complex Expansion L Engage Services of Mosby and Associates, Inc. - Preparation of Master Plan (City Manager Recommendation dated 10/28/92, Mosby Proposal dated 10/28/92) John Kanfoush, 1437 Seahouse Street, Sebastian, requested that a basketball court be located at Barber Street Sports Complex. The City Manager reported on the proposed expansion and stated a site plan will be submitted to Planning and Zoning following approval of the conceptual plan by City Council, at which time residents will have opportunity for comment, that a survey of the property will cost an additional $1750.00, and that funding will come from County option sales tax fund for park improvements which the city will ask the county to reimburse in the future. MOTION by Holyk/Corum I would move that we approve the proposal by Mosby and Associates, Inc. of Veto Beach with our thanks for their very reasonable price figure for preparation of our master plan for the Barber Street Sports Complex expansion as outlined in their letter dated October 28, 1992 and further to approve the amount of 81,750 for the necessary surveys. ROLL CALL: Mr. Oberbeck aye Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell absent MOTION CARRIED 4-0. (Powell absent) AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda maN be added only upon unanimous consent of the Council members present (Resolution No. R-89-59). None. 7. PROCLAMATIONS AND/OR ANNOUNCEMENTS None. 4 Regular City Council Meeting November 18, 1992 Page Five 10. PUBLIC HEARING, FINAL ACTION None. 9. PUBLIC INPUT ON AGENDA ITEMS A1Vilardi, 445 Georgia Boulevard, Sebastian, spoke on the City Manager report on the 93 FY millage rate. Charles Silva requested to speak on Wave Street and Mr. Oberbeck said he would move Mr. Silva to "Introduction of Business from the Public" TAPE II - SIDE I The City Manager read from the resolution which requires that any item introduced by the public must be submitted to the City Clerk's office six days prior to the meeting or added to the agenda by unanimous vote. Discussion ensued relative to procedure for public input. MOTION by Holyk/Corum I would move that we allow Mr. Charles Silva of 414 Tulip Street to speak on Wave Street and Mr. Ernie Aungst, of 364 SE 4th Place to speak on questions of employment with the city under matters of Introduction of Business from the Public on non- agenda items. VOICE VOTE on the motion carried 4-0. (Powell absent) 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 - 10/28/92 Regular Meeting, 11/4/92 Special Meeting/Workshop Regular City Council Meeting November 18, 1992 Page Six 92.306 B. 92.299 92.307 92.308 92.309 92.310 92.311 RESOLUTION NO. R-92-44 - Fraternal Order of Police Union Contract - 10/1/92 - 9/30/95 (City Manager Recommendation dated 11/12/92, R-92-44, City Manager Memo dated 10/13/92) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING THE FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE AGREEMENT FOR POLICE OFFICERS, INVESTIGATORS AND SERGEANTS FOR THE PERIOD FROM OCTOBER 1, 1992 THROUGH AND INCLUDING SEPTEMBER 30, 1995; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Waiver of Bidding Procedure - State Contract Price - Purchase Public Works Dump Truck - $25,988 (Staff Recommendation dated 11/2/92, Price List) Bid Award - Public Works - 3 Gang Flail Mower - Berggren Equipment Company, Ft. Pierce - $19,585. (Staff Recommendation dated 11/12/92, Bid Tabulation, Assistant Public Works Director Memo dated 11/12/92) Waiver of Bidding Procedure - Authorize Purchase of LEA6307 Surveillance System from Law Enforcements Associates, Inc. - $3,750 (Staff Recommendation dated 11/3/92, LEA Letter dated 10/28/92 and Specs) Request for Use of Community Center - Bransky Wedding Reception - 12/19/92 - 8:00 pm. to Midnight - A/B - Permittee DOB 7/13/47 - Security Paid (City Clerk Recommendation dated 10/27/92, Application) Request for Use of Yacht Club - Sebastian Area Civic Association - Distribution of Donation Checks to Charitable Organizations - 12/11/92 - Full Fee Waiver (City Clerk Recommendation dated 11/4/92, Phelan Letter dated 11/4/92) Receive Code Enforcement Orders - Case Nos. 92- 7138 (Hosti) - 92-7275 (Feltz) (Orders) The City Manager read the consent agenda in its entirety. Regular City Council Meeting November 18, 1992 Page Seven MOTION by Holyk/Reid I would move that the consent agenda, all items A, B, C, D, E, F, G and H, be approved as written. ROLL CALL: Mrs. Corum aye Dr. Holyk aye Mr. Reid aye Mayor Powell absent Mr. Oberbeck' aye MOTION CARRIED 4-0. (Powell absent) 11. PRESENTATIONS 12. None. MAYOR AND CITY COUNCIL MATTERS A. Mrs. Carolyn Corum Mrs. Corum expressed concern relative to Humana Hospital; said she was misquoted in a letter to the editor in the Press Journal relative to golf course expansion; reported that a boardwalk had been installed at Riverview Park; said she wants to see the riverfront project go forward; and urged participation in the FOP fair at Riverview Park north. Mr. Oberbeck said the FOP is sponsoring the fair to benefit area youth. B. Dr. Peter R. Holyk Dr. Holyk said, relative to Pelican Island Wildlife refuge, the environment, etc., that people should show some moderation in their approach to expanding the refuge area; said the city should look into sewage being dumped into the Sebastian River from south Brevard County; expressed concern relative to Humana Hospital's possible demise and urged support; said that analysis of golf course needs does not require that a person play the game; and encouraged the public to attend meetings and show some courtesy. 7 Regular City Council Meeting November 18, 1992 Page Eight C. Mr. George G. Reid Mr. Reid concurred with Dr. Holyk relative to the need for expertise to make decisions; expressed concern about Mumana Hospital; said he had helped cut the ribbon at the Environmental Learning Center and was encouraged with the public response. D. Mayor Lonnie R. Powell Absent. E. Mr. Frank Oberbeck Mr. Oberbeck inquired about pending Utilities Director and Personnel Director positions. The City Manager said a report on the Personnel Director job description and salary will be on the next City Council agenda and that he is interviewing Utilities Director applicants. Mr. Oberbeck asked how the Americans with Disabilities Act program is progressing. The City Manager responded that Captain Dave Puscher is the ADA coordinator, that there is a long way to go, and as long as the city is proceeding he did not believe the city was in 3eopardy. 13. CITY ATTORNEY MATTERS None. 14. CITY MANAGER MATTERS 92.155 A. Report on Millage Rate for F-93 (No Backup) The City Manager gave a brief explanation of the technical error due to miscalculation of revenues, explained the lack of backup at agenda closing, stated that 19 taxing authorities had this problem, and recommended that the only option is to readvertise and reconduct budget hearings. He requested that the hearing take place on December 2, 1992. The Finance Director further explained the error in the advertising of the budget summary, reiterated options available to City Council and recommended that the hearings be readvertised and reconducted. 8 Regular City Council Meeting November 18, 1992 Page Nine 15. MOTION by Holyk/Reid I would make a motion that we call a sDecial meeting for December 2, and advertise a public hearing of the budget of the City of Sebastian for that evening at 7:00 p.m. VOICE VOTE on the motion carried 4-0. (Powell absent) The Finance Director said the corrected information has been faxed to the Department of Revenue and the City Manager said the department had agreed to review the city's advertisements and millage rates in the future prior to submittal to City Council. COMMITTEE REPORTS/RECOMMENDATIONS Mrs. Corum reported on a recent meeting regarding "Pelican Island Days", and requested people to volunteer for the celebration. TAPE II - SIDE II 16. OLD BUSINESS None. 17. NEW BUSINESS 18. 19. None. INTRODUCTION O__F BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-89-30 Limit of Ten Minutes for Each Speaker) Charles Silva, 414 Tulip Street, Sebastian, requested that Wave Street be included in the current city traffic study and recommended that a sign be placed regarding use by "emergency vehicles only" at this time. He was advised to meet with staff. Ernie Aungst, 364 SE 4th Place, Vero Beach, addressed City Council relative to problems he encountered regarding assurances of employment by the Golf Course Manager. Being no further business, Vice Mayor Oberbeck adjourned the meeting at 9:50 p.m. 9 Regular City Council Meeting November 18, 1992 Page Ten /~, 1992 ~~~.~ouncil Meeting. / Kathr~n M. O'HaIl~ran, City Clerk 10