HomeMy WebLinkAbout12011993 City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 · FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
SPECIAL MEETiNG
DECEMBER 1, 1993 - 6:30 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.
No public input shall be allowed at a special meeting, other than during a scheduled public
hearing, if any, unless otherwise provided in the meeting call. (R-93-19)
PURPOSE: PUBLIC HEARINGS AND ADOPTION OF:
1) ORDINANCE NO. O-93-19 - Adding New Chapter
to Code of Ordinances - Water and
Wastewater Utility Rate ordinance
2) RESOLUTION NO. R-93-59 - Water and
Wastewater Rates
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. PUBLIC HEARING, FINAL ADOPTION
93.263
ORDINANCE NO, O-93-19 - Adding New Chapter to
Code of Ordinances - "water and Wastewater
Utility Rate Ordinance" - Revised Draft
(Utilities Director Transmittal dated 11/22/93,
o-93-~9)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN BY ADDING A NEW CHAPTER TO BE
ENTITLED "THE WATER AND WASTEWATER UTILITY RATE
ORDINANCE"; PROVIDING A TITLE; MAKING CERTAIN
LEGISLATIVE DETERMINATIONS; PROVIDING DEFINITIONS;
PROVIDING GENERAL TERMS AND CONDITIONS REGARDING
UTILITY SERVICE, ESTABLISHING METER TESTING CHARGES,
CUSTOMER DEPOSIT CHARGES, CONNECTION CHARGES, AND
WATER AND WASTEWATER CAPITAL CHARGES; ESTABLISHMENT
OF THE WATER AND WASTEWATER CAPITAL IMPROVEMENT
FUNDS; RETURNED CHECK CHARGES; PROVIDING
MISCELLANEOUS SERVICE CHARGES; THE ESTABLISHMENT OF
WATER AND WASTEWATER RATE SCHEDULES; TERMS OF
PAYMENT; PROVIDING FOR RESPONSIBILITY FOR COLLECTION,
DISTRIBUTION AND TRANSMISSION COSTS; PROVIDING FOR
ENFORCEMENT AND PENALTIES FOR VIOLATION OF THIS
ORDINANCE; PROVIDING FOR LIBERAL CONSTRUCTION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING AN EFFECTIVE DATE.
93.263
~BSOLUTION N0~. R-93-59 - Water and Wastewater
Rates (Utilities Director Transmittal dated
11/22/93, R-93-59 w/ Exhibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ESTABLISHING A WATER SYSTEM RATE
SCHEDULE AND A WASTEWATER SYSTEM RATE SCHEDULE AS
PROVIDED IN ORDINANCE NO. O-93-19 AND THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
5. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TOANY 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),
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.
2
PUBLIC HEARING SIGN-UP SHEET
DECEMBER 1, 1993 SPECIAL MEETING
ORDINANCE NO. O-93-19
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN, BY ADDING A NEW CHAPTER TO BE
ENTITLED "THE WATER AND WASTEWATER UTILITY RATE
ORDINANCE"; PROVIDING A TITLE; MAKING CERTAIN
LEGISLATIVE DETERMINATIONS; PROVIDING DEFINITIONS;
PROVIDING GENERAL TERMS AND CONDITIONS REGARDING
UTILITY SERVICE, ESTABLISHING METER TESTING CHARGES,
CUSTOMER DEPOSIT CHARGES, CONNECTION CHARGES, AND WATER
AND WASTEWATER CAPITAL CHARGES; ESTABLISHMENT OF THE
WATER AND WASTEWATER CAPITAL IMPROVEMENT FUNDS;
RETURNED CHECK CHARGES; PROVIDING MISCELLANEOUS SERVICE
CHARGES; THE ESTABLISHMENT OF WATER AND WASTEWATER HATE
SCHEDULES; TERMS OF PAYMENT; PROVIDING FOR
RESPONSIBILITY FOR COLLECTION, DISTRIBUTION AND
TRANSMISSION COSTS; PROVIDING FOR ENFORCEMENT AND
PENALTIES FOR VIOLATION OF THIS ORDINANCE; PROVIDING
FOR LIBERAL CONSTRUCTION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE.
Use this form ONLY for public input on the above referenced
public hearing item
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
PUBLIC HEARING SIGN-UP SHEET
DECEMBER 1, 1993 SPECIAL MEETING
RESOLUTION NO. R-93-59
~ RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ESTABLISHING A WATER SYSTEM RATE
SCHEDULE AND A WASTEWATER SYSTEM RATE SCHEDULE AS
PROVIDED IN ORDINANCE NO. O-93-19 AND THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR
REPEAL OF RESOLUTIONS OR P/~RTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Use this form ONLY for public input on the above referenced
public hearing item
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
3
City of Sebastian
/o~$- i?~/bY ~7~.
I~:O~"-'G~ICE flOX 7~q27 ~ SEBASTIAN, FLORIDA~
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
SPECIAL MEETING
DECEMBER 1, 1993 - 6:30 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.
No public input shall be allowed at a special meeting, other than during a scheduled public
hearing, if any, unless otherwise provided in the meeting call. (R-93-19) .
PURPOSE:
PUBLIC HEARINGS AND ADOPTION OF:
1)
ORDINANCE NO. O-93-19 - Adding New Chapter
to Code of Ordinances - Water and
Wastewater Utility Rate Ordinance
2) RESOLUTION NO. R-93-59 - Water and
Wastewater Rates
Mayor Powell called the Special Meeting to order at
6:30 p.m. and explained its purpose.
2. The Pledge of Allegiance was recited.
Special city Council Meeting
December l, 1993
Page Two
93.263
3. 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
Finance Director, Marilyn Swichkow
Utilities Director, Richard Votapka
Deputy City Clerk, Sally Maio
4. PUBLIC HEARING, FINAL ADOPTION
ORDINANCE NO. O-93-19 - Adding New Chapter to
Code of ordinances - "Water and Wastewater
Utility Rate Ordinance" - Revised Draft
(Utilities Director Transmittal dated 11/22/93,
0-93-19)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES OF
THE CITY OF SEBASTIAN BY ADDING A NEW CHAPTER TO BE
ENTITLED "THE WATER AND WASTEWATER UTILITY RATE
ORDINANCE"; PROVIDING A TITLE; MAKING CERTAIN
LEGISLATIVE DETERMINATIONS; PROVIDING DEFINITIONS;
PROVIDING GENERAL TERMS AND CONDITIONS REGARDING
UTILITY SERVICE, ESTABLISHING METER TESTING CHARGES,
CUSTOMER DEPOSIT CHARGES, CONNECTION CHARGES, AND
WATER AND WASTEWATER CAPITAL CHARGES; ESTABLISHMENT
OF THE WATERAND WASTEWATER CAPITAL IMPROVEMENT
FUNDS; RETURNED CHECK CHARGES; PROVIDING
MISCELLANEOUS SERVICE CHARGES; THE ESTABLISHMENT OF
WATER AND WASTEWATER RATE SCHEDULES; TERMS OF
PAYMENT; PROVIDING FOR RESPONSIBILITY FOR COLLECTION,
DISTRIBUTION AND TRANSMISSION COSTS; PROVIDING FOR
ENFORCEMENT AND PENALTIES FOR VIOLATION OF THIS
ORDINANCE; PROVIDING FOR LIBERAL CONSTRUCTION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING AN EFFECTIVE DATE.
Special City Council Meeting
December 1, 1993
Page Three
The City Attorney read ordinance No. O-93-19 by
title only and Mayor Powell called for public input
at 6:33 p.m.
Joe Morozowski, 3426 Heather Way, Sebastian,
spoke on behalf of Park Place residents, questioning
the agreement between Nelson Hyatt and Indian River
County which placed a $10 surcharge on Park Place
residents, and which the City of Sebastian has
continued to charge.
The Utilities Director responded that the City
Council approved the interlocal agreement which set
in place the city charging the $10 surcharge and
stated that its legality is something the City
Attorney would have to research.
The City Attorney gave a brief history of the
negotiations between Mr. Hyatt and Indian River
County, which resulted in the surcharge, stated that
the city is acting as a conduit by virtue of the
Interlocal Agreement, and suggested that residents
could file a suit to have a judge determine legality.
The Finance Director said she believed the City
should obtain a legal opinion before payment is made
to Mr. Hyatt with City funds.
City Council discussion followed.
MOTION by Oberbeck/Damp
I would move that we authorize the City Attorney
and special attorney Mr. Cloud to review the documents
regarding the surcharge on Park Place, and come back to
this council and advise us with regard to the
apparent shortage in equipment removals that took
place during the transition.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
~p~cial City Council Meeting
December 1, 1993
Page Four
93.263
The city Attorney read amendments to the ordinance as
submitted by the Utilities Director (see attached).
Mayor Powell closed the public hearing at 7:01 p.m.
MOTION by Oberbeck/Freeland
I would move that we approve Ordinance No.
O-93-19 with the amendments as read by the Attorney.
Mrs. Corum expressed concern for lack of a long range
plan and use of gas tax or one cent tax funds for
collateral.
ROLL CALL:
Mrs. Corum - nay
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 3-2 (Corum, Damp - nay)
RESOLUTION NO~ R-93-59 - Water and Wastewater
Rates (Utilities Director Transmittal dated
11/22/93, R-93-59 w/ Exhibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ESTABLISHING A WATER SYSTEM RATE
SCHEDULE AND A WASTEWATER SYSTEM RATE SCHEDULE AS
PROVIDED IN ORDINANCE NO. O-93-19 AND THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-93-59 by
title only, Mayor Powell opened the public hearing at
7:04 and, being no input, he closed the hearing.
MOTION by Oberbeck/Freeland
I would move that we adopt Resolution No. R-93-59
water and wastewater rates.
ROLL CALL:
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - nay
MOTION CARRIED 3-2 (Damp, Corum - nay)
4
Special city Council Meeting
December l, 1993
Page Five
Being no further business, Mayor Powell adjourned the
Special Meeting at 7:05 p.m.
Approved at the
'~:~.,~,~ ~3 , 1993, City Council
Meeting.
,' L0nnie R. ~w~ll/, Mayor
City C]ferk
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:
RATE ORDINANCE O-93-19
Approval for Submittal By:
City Manager:
EXPENDITURE
REQUIRED: n/a
)
) Dept. of Origin Utilities
)
) Utilities D±rector~.~.~~
)
) Date Submitted: November 22, 1993
)
) For Agenda Of: December 1, 1993
)
) Exhibits: Rate Ordinance 0-93-19
AMOUNT
BUDGETED: n/a
APPROPRIATION
REQUIRED: n/a
SUMMARY STATEMENT
The first reading of the Rate Ordinance 0-93-19 was held on
November 17, 1993. Subsequently, Council authorized that the
second reading, public hearing, and final action for Ordinance 0-
93-19 be scheduled for a special meeting to be held on Wednesday,
December 1, 1993 at 6:30 p.m. Any additional changes by staff
would be made following the November 17, 1993 first reading and
prior to the November 24, 1993 close of the agenda for the December
1, 1993 meeting.
In a final review of the proposed Ordinance, staff has
determined that the following substantive amendments be made to the
Ordinance pages listed below:
Page 6 Definition (14) (continued from Page 5) - The second
sentence following the words "dividing that ADF by" should
read "2~0 gallons per day for wastewater or 250 gallons per
day for water" in lieu of 250 gallons per day and 300 gallons
per day respectively, to be consistent with the definition of
wastewater and water ERU's.
Page 9 Definition (33) - "Wastewater Capital Charge" should
include (Sewer Impact Fee) immediately following the
Definition (35) "Water Capital Charge" should include (Water
Impact Fee) immediataly fol!o[~ing the definition, for further
identification of both charges.
Page= ~ of 2
November 22, 199~ Agenda Request Regarding Rate Ordinance O-93-19
Page 12 Paragraph 9 "Billing Periods" - In the first sentence
the words "and wastewater" should be inserted between the
words "water" and "service" to read "Bills for water and
wastewater service" etc.
Page 17 Paragraph 2 "Amount of Deposits" - a graduated scale
of one time payment water and %;astewater deposits was
calculated to replace the $50.00 deposit originally shown for
every size meter. Refer to the attached Water and Sewer
Deposit Calculation Sheets.
Page 26 - In the second sentence from the top of the page,
change the wording "ending September 30, 1995, through and
including September 30, 1998" to read "beginning October 1,
1994. through and including October 1, 1997"
Pages 27 and 28 - Change "§/8 inch meter" in all categories to
"5/8 x 3/4 inch meter" which is the minimum sized meter
installed for residential use.
Page 28 - Replace the "$15.00" charge for "Unauthorized use of
Fire Hydrant" to "$115.OO"
Page 29 - In the second sentence from the top of the page,
change the wording "ending September 30, 1995, through and
including September 30, 1998" to read "beginning October 1,
1994, through and including October 1, 1997"
RECOMMENDED ACTION
It is recommended that Council move to approve the Rate
Ordinance 0-93-19 ~ith the above amendments follo%~ing conclusion of
the ~ublic Hearing·
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 u FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
WORKSHOP MEETiNG
WEDNESDAY, DECEMBER 1, 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 (11-93-19)
Introduction of New Business from the Public shall not be allowed at City Council l%brkshops
(R-93-19).
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. 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).
5. ANNOUNCEMENTS
6. 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.
93.337 E.
93.125 F.
93.355 G.
93.296
Discuss Proposed ordinance No. O-93-21 - Charter
Revision - Airport (City Clerk/Acting City
Manager Transmittal dated 11/23/93, Proposed
Language, Walden (FAA) Letter dated 1/11/89,
Potter Letter dated 2/7/89, Nash Letter dated
2/20/89, Eisengrein (FAA) Statement dated 6/7/89,
Nash Letter dated 6/9/89, Eisengrein Letter dated
6/12/89, Cutler Letter dated 6/8/89, Agreement in
Principle, Order Snell vs. city)
Assistant City Attorney Response to Comments Made
By Herbert Sturm at 11/10/93 Regular Meeting
(Torpy Letter dated 11/23/93, 19th Judicial
Circuit Court Appellate Division Orders)
Proposed Intersection - Orange Heights
Subdivision - City Engineer Report (City Engineer
Transmittal dated 11/17/93, Map)
City Manager Recruitment (Personnel Director
Transmittal dated 11/23/93)
11. 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.
3
PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET
DECEMBER 1, 1993 WORKSHOP
(Use this form ONLY for input on items on the prepared agenda
EXCEPT. for public he, rings which have their own signup sheets.
You will now speak/mmediately prior to the subject after being
recognized by the~ayor.)
ITEM NO.: 93. ~/ .... ·
I E~ NO.
SUBJECT :
NAME :
ADDRESS :
ITEM NO.:
SUBJECT :
93.
NAME :
ADDRESS :
ITEM NO.:
SUBJECT :
93.
NAME :
ADDRESS :
ITEM NO.:
SUBJECT :
93.
NAME :
ADDRESS :
ITEM NO.:
SUBJECT :
93.
NAME :
ADDRESS :
ITEM NO.:
SUBJECT :
93.
City of Sebastian
P~~ BO~gOt27 u SEBASTIAN, FLORIDA~
TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
WORKSHOP MEETING
WEDNESDAY, DECEMBER 1, 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.
Mayor Powell called the Workshop to order at 7:20
p.m.
The Pledge of Allegiance had been previously recited
at the Special Meeting.
3. 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
Assistant city Attorney, Richard Torpy
City Engineer/PW Director, Dan Eckis
Finance Director, Marilyn Swichkow
Utilities Director, Richard Votapka
Personnel Director, Wendy Widmann
Airport Manager, John Van Antwerp
Deputy City Clerk, Sally Maio
City Council Workshop
December 1, 1993
Page Two
93.353
4. AGENDA MODIFICATIONS (ADDITIONS ANDIOR DELETIONS)
The city Attorney requested moving item 10.E. to B.1.
City Council concurred.
Mrs. Corum requested that items H and C be switched,
however no change was made.
5. ANNOUNCEMENTS
None.
6. 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.
Ameron Homes, Inc. ~ Specimen Tree Removal
Request - Lot 30, Block 494, Unit 15, Sebastian
Highlands - One Pine (Director of Community
Development Transmittal dated 11/22/93,
Application, Survey)
The city Clerk/Acting City Manager read the consent
agenda.
Mrs. Corum inquired whether this property was in
scrub jay area. It was the consensus to City Council
to concur with the inspectors statement that it was
not.
MOTION by Oberbeck/Damp
I'm going to move for approval of the pine tree
on Lot 30, Block 494, Sebastian Highlands Unit 15
and require the builder to coordinate with Fish and
Wildlife with regard to the gopher tortoise den.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - nay
Mrs. Damp - aye
MOTION CARRIED 4-1 (Corum - nay)
2
City Council Workshop
December 1, 1993
Page Three
7. MAYOR AND CITy COUNCIL MATTERS
A. Mrs. Norma Damp
None.
B. Mr. Robert Freeland
Mr. Freeland inquired whether Kay Rogers could serve
as an additional member on the Indian River County
Recreation Committee, to which the city Clerk/Acting
City Manager responded she would contact the county;
and received a consensus to appoint Harry Thomas to
serve on the MPO Citizens Advisory Committee.
C. Mayor Lonnie R. Powell
None.
TAPE I - SIDE II (7:30 p.m.)
D. Vice-Mayor Frank Oberbeck
Mr. Oberbeck inquired about the proposed waterway
ordinance; and recommended that home occupational
licenses be looked into.
E. Mrs. Carolyn Corum
Mrs. Corum expressed concern for the possibility of a
rezoning of a grove on CR 510 to general commercial.
8. CITY ATTORNEY MATTERS
The City Attorney discussed the sunshine law and
advised that if two or more Councilmembers are in
attendance at meetings where discussion takes place
on matters to come before city Council, individual
city Council members should leave. He said the three
requirements for such a meeting are 1) advance
notice, 2) that the meeting be held in a public
place, and 3) minutes be taken.
9. CITY MANAGER MATTERS
The Finance Director gave an update on financing of
the utility revenue bond, advising that a verbal
commitment has been made by MBIA for bond insurance,
however, MBIA will require a pledge of the half cent
City Council Workshop
December 1, 1993
Page Four
sales tax which would be released after three
consecutive years of meeting the debt coverage ratio
test.
The City Manager said the Director of Community of
Development had been excused from this meeting and
advised that Tommy Thompson, Chairman of Planning and
Zoning, is available to answer questions.
10. WORKSHOP ITEMS
93.263
Approve Agreement with GDU for Continuation of
Utility Billing (FinanCe Director Transmittal
dated 11/19/93, GDU Letter dated 11/17/93, GDU
Agreement with Exhibit A, GDU Utility Processing
Procedure, ITRON Letter, GDU Unbilled Revenue
Calculations)
Following a brief explanation by the Finance
Director, and city Clerk/Acting City Manager advice
that this contract and the next should be executed by
the Mayor, motion was made.
MOTION by Oberbeck/Freeland
I would move to approve the GDU transitional
billing agreement and authorize the Mayor to execute
and the city Clerk to attest.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 4-1 (Corum - nay)
93.263
Waive Bidding Procedure - Utility Billing
Hardware and Software Upgrades i__n Conjunction
with GDU System Acquisition - Approximately
$19,535 (Finance Director Transmittal dated
11/19/93, Utilities Director Memo dated 11/18/93=
SCT Letter dated 11J15/93, SCT License Agreement~
The Utilities Director gave a brief explanation of
the need for upgrades.
4
city Council Workshop
December 1, 1993
Page Five
MOTION by Oberbeck/Corum
I would move to waive the bid procedures to
acquire computer hardware and software upgrades and
authorize the Mayor to execute the license agreement
with SCT as revised by the City Attorney's letter
dated November 22, 1993 and incorporated as part of
the SCT agreement and the city Clerk to attest to
same.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - nay
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 4-1 (Corum - nay)
93.337
Bol.
Discuss Proposed ordinance No. O-93-21 - Charter
Revision_- Airport (city Clerk/Acting ~
Manager Transmittal dated 11/23/93, Proposed
Language, Walden (FAA) Letter dated 1/11/89,
Potter Letter dated 2f7/89, Nash Letter dated
2/20/89, Eisengrein (FAA) Statement dated
6/7/89, ~ash Letter dated 6f9/89, Eisengrein
Letter dated 6/12/89, Cutler Letter dated
6/8/89~ Agreement in Principle, Order Snell vs.
Warren Dill, Roseland; John Evans, 11155 Roseland
Road, Roseland; Bob Musante, 7925 126th Drive,
Roseland; addressed city Council urging that language
assuring that the master plan will be implemented be
placed in the Charter.
The city Attorney agreed with Mr. Evans that
provisions of paragraph 10 of the Charter need to be
deleted; advised that ballot language is limited by
the State of Florida; said, if City Council
approved, he could meet with Mr. Evans to draft
sufficient language; and said that addition of master
plan language in the referendum will in no way ensure
its implementation.
The Airport Manager said there is security in the
master planning procedure.
TAPE Ii - SIDE I (8:17 p.m.)
City Council discussion followed.
5
City Council Workshop
December 1, 1993
Page six
It was the consensus of City Council to direct the
City Attorney to delete the second full paragraph in
10 of section 1.02 of the charter.
MOTION by Corum/Damp
I make a motion for the attorney to meet with
Warren Dill, John Evans, and maybe Norma Damp to
rewrite the wording on the referendum for the ballot.
The City Attorney stated that Mr. Evans had suggested
rewording the second paragraph of section 7. Mrs.
Corum added that to her motion.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - nay
Mayor Powell - nay
Mr. Oberbeck - nay
MOTION FAILED 2-3 (Freeland, Powell, Oberbeck - nay)
Mayor Powell called recess at 8:46 p.m. and
reconvened the meeting at 9:03 p.m. Ail members
were present.
93.354
Cm
Planning and Zoning Commission Recommendation Re:
Limit Number of Private Vehicles Parked at
Residence (Director o__f Community Development
Transmittal dated 11/12/93, ~ ! ~ Memo dated
11/8~93)
Walter Barnes, 402 Azine Terrace, Sebastian, urged
approval of limitations.
Following input from each City Council member,
recommendation from the Assistant city Attorney to
add definitions to the ordinance and add language to
make it enforceable, and input from J.W. Thompson
relative to not including RV's in this ordinance, it
was the consensus of City Council to direct the
Assistant City Attorney to draft an ordinance and
bring it back.
93.267
Review Planning and Zoning Commission
Recommendation Re: Riverfront District Rezoning
(Director o__f Community Development Transmittal
dated 11/23/93. P & Z Memo dated 1118/93,
Proposed Language)
Ruth Sullivan, Sebastian, addressed City Council.
city Council Workshop
December 1, 1993
Page Seven
TAPE II - SiDE II (9:18 p.m.)
A1 Vilardi, 445 Georgia Boulevard, Sebastian; Sal
Neglia, 461 Georgia Boulevard, Sebastian; Tom Collins,
Captain Hiram's, addressed City Council.
city Council discussion followed.
Mr. Freeland suggested that a meeting with riverfront
property owners be scheduled to ascertain what they
want to happen to their property.
City Council input continued.
TAPE III - SIDE I (10:05 p.m.)
It was the consensus of city Council to direct staff
to notify property owners from Main Street to Davis
Street and from the east side of U.S. 1 to the river
to schedule a meeting.
J.W. Thompson, Planning & Zoning, inquired whether
anything should be done relative to zoning and it was
the consensus of city Council to direct staff to
cease action on zoning at this time.
93. 125
Assistant Ci_~ Attorney Response to Comments Made
B__y Herbert Sturm at 11/10/93 Regular Meeting
~Torpy Letter dated 11/23Z93~ 19th Judicial
Circuit Court Appellate Division Ordersl
Vice Mayor Oberbeck was excused from 10:06 p.m. to
10:07 p.m.
Herbert Sturm, 549 Saunders Street, Sebastian,
requested that Attorney Torpy's remarks be given
under oath.
The Assistant City Attorney read the two final orders
from the 19th Judicial Circuit Court Appellate
division to Herbert Sturm, advised that the 27
questions posed by Mr. Sturm are the same as those
presented in court, and city Council concurred,
following a brief discussion, that it hoped the issue
was done.
7
City Council Workshop
December 1, 1993
Page Eight
93.355 G.
ProDosed Intersectio~_- Orange Height~
Subdivision - City Engineer Report (city ~ngineer
Transmittal dated 11/17~93, MaD~
The city Engineer reiterated his report relative to
the proposed intersection.
93.296
city Manager Recruitment (Personnel Director
Transmittal dated 11/23/93)
The Personnel Director gave a progress report on City
Manager recruitment. Mrs. Corum suggested that
someone with grant and planning experience be sought.
MOTION by Oberbeck/Freeland
I move to extend ten minutes beyond 10:30 p.m.
VOICE VOTE on the motion carried 5-0.
The Personnel Director said since grant writing is
not in the description, applicants cannot be
disqualified if they lack that criteria.
Mr. Oberbeck recommended that city Council conduct
the interviews and Mr. Freeland suggested an
extensive personal background, credit check, and
TAPE III - SIDE II (10:32 p.m.)
suggested doing away with the vehicle allowance.
11.
Being no further business, Mayor Powell adjourned the
workshop at 10:34 p.m.
Approved at the "~;f. ~ 1993 City Council
n_ Meeting. /'"] ~.,? ~
Kathry~M. O'Halloran, CMC/AAE
city Clerk