HomeMy WebLinkAbout12081993 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 8, 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
INVOCATION - Reverend Donald E. Swope - First
Presbyterian Church
4. ROLL CALL
5. 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. PROCL]%MATIONS AND/OR ANNOUNCEMENTS
93.356/
93.246/
92. 179
93.357
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.
Henry Fischer - Request for Amendment of Special
Use Permit for Mulching/Burning Facility -
Extension (Director of Community Development
Transmittal dated 11/30/93, Application, Cooper
Letter dated 11/3/93, Kebbel Letter dated
11/6/93, Fischer Letter dated 11/8/93, Cooper
Letter dated 11/30/93)
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 - 11/17/93 Regular Meeting,
12/1/93 Special Meeting, 12/1/93 Workshop
RESOLUTION NO. R-93-66 - Vacation of Easement
(City Clerk Transmittal dated 12/3/93, R-93-66,
Application, Survey, Andrianos Letter dated
11/3/93, City Engineer Memos dated 11/8/93 and
11/29/93)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING,
AND DISCONTINUING THE SOUTH FIVE FEET OF THE NORTH
TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, LOT
71, BLOCK 299, SEBASTIAN HIGHLANDS UNIT 11, ACCORDING
TO THE PLAT THEREOF, RECORDED IN PBI 7-56J, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND
PROVIDING FOR AN EFFECTIVE DATE.
2
93.358
93.359
93.360
RESOLUTION NO, R-93-69 - Utilities Department
Water\Wastewater Treatment Plant Superintendent
Job Description (Personnel Director Transmittal
dated 11/22/93, R-93-69)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE
POSITION OF UTILITIES DEPARTMENT WATER/WASTEWATER
TREATMENT PLANT SUPERINTENDENT; PROVIDING FOR
INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF
SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
RESOLUTION NO. R-93-70 - Utilities Department
Water\Wastewater Treatment Plant Operator
Job Description (See Transmittal Above, R-93-70)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE
POSITION OF UTILITIES DEPARTMENT WATER/WASTEWATER
TREATMENT PLANT OPERATOR; PROVIDING FOR INCLUSION OF
SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN
STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-93-71 - Utilities Department
Water\Wastewater Treatment Plant Superintendent
Trainee Job Description (See Transmittal Above,
R-93-71)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE
POSITION OF UTILITIES DEPARTMENT WATER/WASTEWATER
TREATMENT PLANT OPERATOR TRAINEE; PROVIDING FOR
INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF
SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
93.351/
90.251
93.275
RESOLUTION NO. R-93-74 - First Amendment to
Little League Lease (City Clerk Transmittal dated
11/30/93, R-93-74, First Amendment, Existing
Lease)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING AMENDING THE LEASE
AGREEMENT WITH SEBASTIAN RIVER AREA LITTLE LEAGUE,
INC.; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN
THE PROPOSED FIRST AMENDMENT TO LEASE AGREEMENT
ATTACHED TO THIS RESOLUTION AS EXHIBIT "A"; PROVIDING
FOR ADDITION OF TWO FIELDS TO THE LEASED PREMISES;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Craft Club Request Use of Riverview Park - Shows
on 4/2/94 and 5/7/94 with Rain dates (City Clerk
Transmittal dated 11/30/93, Deyter Letter dated
11/22/93)
9. pRESENTATIONS - None
10. MAYOR AND CITY COUNCIL MATTERS
A. Mr. Robert Freeland
B. Mayor Lonnie R. Powell
C. vice-Mayor Frank Oberbeck
D. Mrs. Carolyn Corum
E. Mrs. Norma Damp
11. CITY ATTORNEY MATTERS
12. CITY MANAGER MATTERS
13. COMMITTEE REPORTS/RECOMMENDATIONS
14. OL~ BUSINESS - None
4
15. NEW BUSINESS
93.263
93.263
93.361
93.362
RESOLUTION NO. R-93-67- GDU Facility Acquisition
Bond Supplemental (Finance Director Transmittal
dated 12/3/93, R-93-67 [Documents Under Separate
Cover])
A RESOLUTION RESTATING, AMENDING AND SUPPLEMENTING
RESOLUTION NO. R-93-58 OF THE CITY OF SEBASTIAN,
FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
Bm
RESOLUTION NO__=. R-93-68 - GDU Facility Acquisition
Bond Award and Purchase Contract (Finance
Director Transmittal dated 12/3/93, R-93-68 with
Exhibits A and B [Documents Under Separate Cover])
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, SUPPLEMENTING A RESOLUTION
ENTITLED: "A RESOLUTION RESTATING, AMENDING AND
SUPPLEMENTING RESOLUTION NO. R-93-58 OF THE CITY OF
SEBASTIAN, FLORIDA; AND PROVIDING AN EFFECTIVE DATE";
PROVIDING CERTAIN TERMS AND DETAILS OF SAID BONDS,
INCLUDING AUTHORIZING A NEGOTIATED SALE OF SAID BONDS
AND THE EXECUTION AND DELIVERY OF A BOND PURCHASE
CONTRACT WITH RESPECT TO THE SERIES 1993 BONDS;
APPOINTING THE PAYING AGENT AND REGISTRAR FOR SAID
BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF AN
OFFICIAL STATEMENT WITH RESPECT TO THE SERIES 1993
BONDS AND RATIFYING THE USE OF A PRELIMINARY OFFICIAL
STATEMENT; AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION NO___=. R-93-65 - EEOC Conciliation
Agreement (Personnel Director Transmittal dated
12/1/93, R-93-65, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN A CONCILIATION AGREEMENT WITH THE EQUAL
EMPLOYMENT OPPORTUNITY COMMISSION (EEOC); PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Collective Bargaining Wage Issues (Personnel
Director Transmittal dated 12/1/93)
93.363
RESOLUTION NO. R-93-73 - Palm Lake Club Phase Ii
- Final Plat (City Engineer Transmittal dated
11/29/93, R-93-73, Surveyor's Certification,
Proposed Restrictive Covenants, Application, Fee
Receipt)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF
PALM LAKE CLUB, PHASE II, CONSISTING OF 14.47 ACRES,
MORE OR LESS, LYING IN SECTION 20, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE
PLAT; WAIVING THE REQUIREMENTS OF SECTION 20A-
16.4(C) (4)(F); DIRECTING THE CITY CLERK TO PRESENT
THE PLAT TO THE CIRCUIT COURT FOR INDIAN RIVER
COUNTY; FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
16.
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)
93.364 A.
Sebastian Lions Club - Use of Community Center -
Spaghetti Supper - 2/5/94 - 4:30 p.m. to 7:30 p.m.
- Request Waiver of Security and Rental Fee for
This and All Future Use (City Clerk Transmittal
dated 11/24/93, Application, Anderson Letter
dated 11/15/93, Insurance Policy)
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.
PUBLIC HEARING SIGN-UP SHEET
DECEMBER 8, 1993 REGULAR MEETiNG
93.356/
93.246/
A. Hepry Fischer - ReQuest for Amendment of Special
use Permit for Mulching/Burning Facility - Extension
Use this form ONLY for public input on the above referenced
public hearing item
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INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGNUP SHEET
DECEMBER 8, 1993 REGULAR CITY COUNCIL MEETING
(Use this form ONLY for presentation of matters NO~ on the
prepared agenda. Introduction of Business from the Public is the
agenda)
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PUBLIC INPUT ON AGENDA ITEMS SIGNUP SHEET
DECEMBER 8, 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.)
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ITEM NO.: 93.
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ITEM NO.: 93.
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City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 8, 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 Regular Meeting to order at
7:00 p.m.
2. The Pledge of Allegiance was recited.
Invocation was given by Reverend Donald E. Swope,
First Presbyterian Church.
4. ROLL CALL
Present:
Mayor Lonnie Powell
Vice Mayor Frank Oberbeck
Mrs. Carolyn Corum
Mrs. Norma Damp
Mr. Robert Freeland
Also Present:
City Clerk/Acting city Manager,
Kathryn M. O'Halloran
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
City Engineer/PW Director, Dan Eckis
Finance Director, Marilyn Swichkow
Utilities Director, Richard Votapka
Personnel Director, Wendy Widmann
Deputy City Clerk, Sally Maio
Regular City Council Meeting
December 8, 1993
Page Two
5. 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).
The City Attorney said he would request that item 7 A
- Fischer Request for Amendment of Special Use Permit
for Mulching/Burning Facility - Extension, be
postponed. The Vice Mayor said he would call a
Special Meeting if needed, and inquired how long the
City Attorney would need to prepare.
The Director of Community Development said the
current permit does not expire until July, and that
he had stayed enforcement for the time being.
The Vice Mayor requested that items 15 A - Resolution
No. R-93-67 and B - Resolution No. R-93-68, be moved
up to become item 7 B. city Council concurred.
Mrs. Damp requested that item 15 E - Palm Lake Club
be moved up on the agenda to item H of the consent
agenda. City Council concurred.
6. PROCL]%MATIONS AND/OR ANNOUNCEMENTS
None.
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.
Regular City Council Meeting
December 8, 1993
Page Three
93.356/
93.246/
92. 179
93.263
Henry Fischer_- Request for Amendment of Special
Us~ Permit four Mulching/Burning Facility -
Extension (Director o__f Communit~ Development
Transmittal dated 11~30~93, Application, Cooper
Letter dated 11/3/93~ Kebbel Letter dated
11/6/93, Fischer Letter dated 11/8/93, Cooper
Letter dated 11/30/93)
Mayor Powell opened the public hearing at 7:12 p.m.
The City Attorney recommended, to allow him time to
prepare, that City Council set a continuation for the
hearing to a date certain so that staff does not have
to readvertise.
Warren Dill, representing applicant Henry Fischer,
stated for the record, that he was ready to proceed
tonight, however, urged that the continuance be
scheduled as early as possible.
MOTION by Oberbeck/Damp
I would move that we continue the public hearing
on items 93.356, 93.246, 92.179 Henry Fischer request
for amending special use permit for mulching/burning
facility extension to January 13, 1993 at 7:00 p.m.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
The following two resolutions were moved from New
Business to this area of the agenda:
RESOLUTION NO. R-93-67 - GDU Facility Acquisition
Bond Supplemental (Finance Director Transmittal
dated 12/3/93, R-93-67
A RESOLUTION RESTATING, AMENDING AND SUPPLEMENTING
RESOLUTION NO. R-93-58 OF THE CITY OF SEBASTIAN,
FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-93-67 by
title only.
Regular city Council Meeting
December 8, 1993
Page Four
The Finance Director had distributed amended
resolutions to city Clerk.
Jean Wilson, Nabors, Giblin & Nickerson, bond counsel,
explained that the resolution has been amended to
reflect the terms of the conditions for insuring the
bond.
Vice Mayor Oberbeck requested that City Council take
time to review the change in Sections 4.10 and 4.11
relative to the pledge of the half-cent sales tax.
Arthur Ziev, Raymond, James and Associates, Inc.
further explained the amendments.
city Council discussion took place on the pledge of
the half-cent sales tax.
MOTION by Oberbeck/Freeland
I would move that we approve Resolution No. R-93-
67 the GDU facility acquisition bond supplement.
ROLL CALL:
Mrs. Corum - nay
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
93.263
MOTION CARRIED 3-2 (Corum, Damp - nay)
RESOLUTION NO. R-93-68 - GDU Facility Acquisition
Bond Award and Purchase Contract (Finance
Director Transmittal dated 12/3/93, R-93-68 with
Exhibits A and B
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, SUPPLEMENTING A RESOLUTION
ENTITLED: "A RESOLUTION RESTATING, AMENDING AND
SUPPLEMENTING RESOLUTION NO. R-93-58 OF THE CITY OF
SEBASTIAN, FLORIDA; AND PROVIDING AN EFFECTIVE DATE";
PROVIDING CERTAIN TERMS AND DETAILS OF SAID BONDS,
INCLUDING AUTHORIZING A NEGOTIATED SALE OF SAID BONDS
AND THE EXECUTION AND DELIVERY OF A BOND PURCHASE
CONTRACT WITH RESPECT TO THE SERIES 1993 BONDS;
APPOINTING THE PAYING AGENT AND REGISTRAR FOR SAID
BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF AN
OFFICIAL STATEMENT WITH RESPECT TO THE SERIES 1993
BONDS AND RATIFYING THE USE OF A PRELIMINARY OFFICIAL
STATEMENT; AND PROVIDING AN EFFECTIVE DATE.
4
Regular City Council Meeting
December 8, 1993
Page Five
The City Attorney read Resolution No. R-93-68 by
title only.
The Utilities Director distributed an amended bond
purchase contract and Final Numbers report prepared
by Raymond James and Associates, Inc.
Jean Wilson briefly summarized the bond award
resolution.
The Finance Director explained that because of the
nature of bonds all documents are subject to change
again.
Arthur ziev responded to questions from City Council.
MOTION by Oberbeck/Freeland
I'm going to move that we approve Resolution No.
R-93-68.
TAPE I - SIDE II (7:49 p.m.)
The Finance Director said, for the record, that the
good faith check by the underwriters has been
received and will be held in the city's vault and
requested that a recess be called following this vote
for execution of documents.
ROLL CALL:
Mrs. Damp - nay
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - nay
MOTION CARRIED 3-2 (Damp, Corum - nay)
Mayor Powell called recess at 7:51 p.m. and
reconvened the meeting at 8:10 p.m. Ail members 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.
Regular City Council Meeting
December 8, 1993
Page Six
A®
Approval of Minutes- 11/17/93 Regular Meeting,
12/1/93 Special Meeting, 12/1/93 Workshop
93.357
RESOLUTION N0~. R-93-66 - Vacation of Easement
(City Clerk Transmittal dated 12/3/93, R-93-66,
Application, Survey, Andrianos Letter dated
11/3/93, city Engineer Memos dated 11/8/93 and
11/29/93)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING,
AND DISCONTINUING THE SOUTH FIVE FEET OF THE NORTH
TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT, LOT
71, BLOCK 299, SEBASTIAN HIGHLANDS UNIT 11, ACCORDING
TO THE PLAT THEREOF, RECORDED IN PBI 7-56J, PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND
PROVIDING FOR AN EFFECTIVE DATE.
93.358
RESOLUTION NO. R-93-69 - Utilities Department
Water\Wastewater Treatment Plant Superintendent
Job Description (Personnel Director Transmittal
dated 11/22/93, R-93-69)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE
POSITION OF UTILITIES DEPARTMENT WATER/WASTEWATER
TREATMENT PLANT SUPERINTENDENT; PROVIDING FOR
INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF
SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
93.359
RESOLUTION NO. R-93-70 - Utilities Department
Water\Wastewater Treatment Plant Operator
Job Description (See Transmittal Above, R-93-70)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE
POSITION OF UTILITIES DEPARTMENT WATER/WASTEWATER
TREATMENT PLANT OPERATOR; PROVIDING FOR iNCLUSION OF
SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN
STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
6
Regular City Council Meeting
December 8, 1993
Page Seven
93.360 E.
93.351/
90.251
93.275
RESOLUTION NO. R-93-71 - Utilities Department
Water\Wastewater Treatment Plant Operator
Trainee Job Description (See Transmittal Above,
R-93-71)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE
POSITION OF UTILITIES DEPARTMENT WATER/WASTEWATER
TREATMENT PLANT OPERATOR TRAINEE; PROVIDING FOR
INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF
SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS iN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
RESOLUTION NO. R-93-74 - First Amendment to
Little League Lease (City Clerk Transmittal dated
11/30/93, R-93-74, First Amendment, Existing
Lease)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING AMENDING THE LEASE
AGREEMENT WITH SEBASTIAN RIVER AREA LITTLE LEAGUE,
INC.; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN
THE PROPOSED FIRST AMENDMENT TO LEASE AGREEMENT
ATTACHED TO THIS RESOLUTION AS EXHIBIT "A"; PROVIDING
FOR ADDITION OF TWO FIELDS TO THE LEASED PREMISES;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Craft Club Request Use of Riverview Park - Shows
on 4/2/94 and 5/7/94 with Rain dates (City Clerk
Transmittal dated 11/30/93, Deyter Letter dated
11/22/93)
Regular City Council Meeting
December 8, 1993
Page Eight
93.363 H.
RESOLUTION NO. R-93-73 - Palm Lake Club Phase II
- Final Plat (City Engineer Transmittal dated
11/29/93, R-93-73, Surveyor's Certification,
Proposed Restrictive Covenants, Application, Fee
Receipt)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
FINAL SUBDIVISION PLAT; ACCEPTING THE FINAL PLAT OF
PALM LAKE CLUB, PHASE II, CONSISTING OF 14.47 ACRES,
MORE OR LESS, LYING IN SECTION 20, TOWNSHIP 31 SOUTH,
RANGE 39 EAST, CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE
PLAT; WAIVING THE REQUIREMENTS OF SECTION 20A-
16.4(C) (4)(F); DIRECTING THE CITY CLERK TO PRESENT
THE PLAT TO THE CIRCUIT COURT FOR INDIAN RIVER
COUNTY; FLORIDA, FOR RECORDING; 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 titles for
Resolution Nos. R-93-66, R-93-69, R-93-70, R-93-71,
R-93-73 and R-93-74.
Mr. Freeland removed items A and E; Mrs. Damp removed
item C, E and F; and Mrs. Corum removed item H.
MOTION by Oberbeck/Freeland
I would move that we approve items B, D, and G of
the consent agenda.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck ~ aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Item A - Approval o~f Minutes
Mr. Freeland referred to page eight of the 12/1/93
workshop minutes relative to City Manager recruitment
and requested the word "check" be inserted after
"background".
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Regular City Council Meeting
December 8, 1993
Page Nine
MOTION by Freeland/Oberbeck
I would move that we approve item A.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
93.358
Item ~ ~ RESOLUTION NO. R-93-69 - Utilities
Department Water\Wastewater TreaTment Plant
Superintendent Job Description
Mrs. Damp inquired whether the individual scheduled
to fill the position is already a supervisor, to
which the Utility Director said he was; and inquired
whether salary ranges are included in the
description. The Personnel Director said the salary
ranges would on next week's agenda.
MOTION by Damp/Oberbeck
I make a motion that we approve Resolution No. R-
93-69 item C.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
93.360
Item E - RESOLUTION NO. R-93-71 - Utilities
Department Water\Wastewater Treatment Plant
$~pe~e~e~ Operator Trainee Job Description
Mr. Freeland advised that the agenda title should be
changed to reflect that the position is an "Operator
Trainee".
Mrs. Damp inquired about the fourth position in the
Finance Department. The Finance Director explained
that it will be a new position in an existing job
classification as Account Clerk II.
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Regular City Council Meeting
December 8, 1993
Page Ten
93.351
MOTION by Freeland/Oberbeck
I would move that we accept item E on the consent
agenda.
ROLL CALL:
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
MOTION CARRIED 5-0
Item F - RESOLUTION NO~ R-93-74 - First Amendment t_9o
Little League Lease
Mrs. Damp said she pulled the item for a separate
vote.
MOTION by Oberbeck/Freeland
I would move that we approve Resolution No. R-93-
74.
Mrs. Corum inquired about schedule A of the original
Little League lease. The City Attorney said that
Schedule A would have been a layout plan of the site
and recommended that this item be deferred to the
next meeting for preparation of Schedule A.
Mrs. Corum said she had requested financial
statements relative to the concession stand and
expressed concern for possibly subsidizing the
organization.
The City Attorney said he did not believe the city
had a legal right to request to look at the Little
League's books, however, the city could request that
they voluntarily open them for review.
Motion was withdrawn.
It was the consensus of City Council to defer this
item to December 15, 1994 for inclusion of Schedule
A.
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Regular city Council Meeting
December 8, 1993
Page Eleven
93.363
Item H - RESOLUTION NO~. R-93-73 - Palm Lake Club
Phase II ~ Final Plat
The City Engineer responded to Mrs. Corum's inquiry
relative to ingress and egress.
MOTION by Corum/Oberbeck
I approve item H of the consent agenda.
ROLL CALL:
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
MOTION CARRIED 5-0
PRESENTATIONS - None
MAYOR AND CITY COUNCIL MATTERS
A. Mr__=.Robert Freeland
Mr. Freeland spoke to rumors that the city's
"windfall" of $160,000 was Golf Course money,
assuring that it was not, and commended the Acting
city Manager for freezing all spending during the
latter part of fiscal 92/93; said he had invited Dale
Ketchum to the December 15, 1993 meeting and
requested that "Endangered Species Act" be added to
that agenda; and recommended that Mayor and City
Council matters be moved from item 10 to item 15 for
future agendas. It was the consensus of city council
to try the new format.
B. Mayor Lonnie R_~. Powell
Mayor Powell commended those responsible for the
holiday festivities in Riverview Park.
C. Vice-Mayor Frank Oberbeck
Vice Mayor Oberbeck said that he had voted against
the funding for Christmas decorations for this year
due to their deteriorating condition and recommended
that the city purchase Christmas decorations for next
year; inquired about the attorney's review of the
Park Place surcharge, to which the City Attorney
replied that a meeting is scheduled for 12/28/93;
expressed concern for the poor condition of Stonecrop
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Regular City council Meeting
December 8, 1993
Page Twelve
TAPE II - SIDE I (8:49 p.m.)
Park and abuse by users and asked the City Council to
direct staff to place no trespassing signs. It was
the consensus of City Council to direct staff to
place "No Trespassing" and "No Parking" signs on the
park side temporarily.
D. Mrs. Carolyn Corum
Mrs. Corum suggested that Stonecrop Park is eroding
due to increased water in the St. Sebastian River and
suggested methods to stop erosion.
E. Mrs. Norma Damp
Mrs. Damp expressed gratitude to the Utilities
Director for his reports on the Wininger matter and
the GDU acquisition; and the Director of Community
Development responded to Mrs. Damp's inquiries about
lot size requirements for duplexes.
Vice Mayor Oberbeck was excused from 9:05 p.m. to
9:07 p.m.
Mrs. Damp inquired about low income housing and the
Director of Community Development responded that the
Heritage Company was proposing to build low income
housing.
Mrs. Corum inquired about Mr. Freeland inviting
someone to attend a city Council meeting and the city
Attorney responded that any Council member can invite
someone to attend a meeting on their own behalf,
however, the invitation cannot be on behalf of the
City without Council consensus.
Mr. Freeland clarified that the item should go under
his matters on December 15, 1993.
11. CITY ATTORNEY MATTERS
The city Attorney reported that Attorney Vince Torpy
had discussed the Fey matter with Mr. Fey's attorney
relative to scheduling a re-hearing and is awaiting a
response.
12. ~ITY MANAGER MATTERS
None.
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Regular City Council Meeting
December 8, 1993
Page Thirteen
93.361
13.
COMMITTEE REPORTS/RECOMMENDATIONS
None.
14. OLD BUSINESS
None.
15. NEW BUSINESS
Items A and B had been moved up previously.
C. RESOLUTION NO. R-93~65 - EEOC Conciliation
Agreement (Personnel Director Transmittal dated
12/1/93, R-93-65, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO SIGN A CONCILIATION AGREEMENT WITH THE EQUAL
EMPLOYMENT OPPORTUNITY COMMISSION (EEOC); 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-93-65 by
title only.
MOTION by Oberbeck/Damp
I would move that we approve Resolution No.
R-93-65 Equal Employment Opportunity Commission
conciliation agreement.
ROLL CALL:
Mr. Freeland - aye
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
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Regular City Council Meeting
December 8, 1993
Page Fourteen
93.362 D.
93.364
16.
Collective Bargaining Waq~ Issues (Personnel
Director Transmittal dated 12/1/93)
MOTION by Oberbeck/Corum
I would move that we approve the recommended
action as furnished to us by staff with regard to the
collective bargaining wage issue items 1, 2, 3, 4.
ROLL CALL:
Mayor Powell - aye
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
MOTION CARRIED 5-0
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)
Sebastian Lions Club - Use of Community Center ~
Spaghetti Supper - 2/5/94 - 4:30 p.m. to 7:30 p.m.
- Request Waiver o__f Security and Rental Fee for
This and All Future Use (City Clerk Transmittal
dated 11/24/93, Applicationj Anderson Letter
dated 11/15/93, Insurance Policy)
The City Attorney recommended against the waiver of
all fees in perpetuity.
MOTION by Oberbeck/Freeland
I would move that this item be addressed in the
same manner as any other request from a non-profit
organization and that the policy previously
established by this Council be adhered to, the policy
being the security provided and the fifty percent of
the rental fee.
The City Clerk/Acting City Manager said she would
like to schedule a meeting with staff members to
determine policies for rental and use of city
facilities and parks for a future workshop.
ROLL CALL:
Mr. Oberbeck - aye
Mrs. Corum - aye
Mrs. Damp - aye
Mr. Freeland - aye
Mayor Powell - aye
MOTION CARRIED 5-0
14
Regular City Council Meeting
December 8, 1993
Page Fifteen
17.
Other
Herbert Sturm, 549 Saunders Street, Sebastian,
commented on remarks made by Attorney Richard Torpy
at the December 1, 1993 workshop.
Being no further business, Mayor Powell adjourned the
Regular Meeting at 9:33 p.m.
, 1993, City Council
Meeting.
. O'Halloran, CMC/AAE
City Clerk
15