HomeMy WebLinkAbout12171997 City of Sebastian
1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 r~ FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, DECEMBER 17, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAtNSTREET, SEBASTIAN, FLORIDA
Individuals shall address the Cio; Council with respect to agenda items immediately prior to deliberation of the item by the CiO; Council
- limit often minutes per speaker (R-97-21)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Police Chaplain Frank Camillo
4. ROLL CALI~
5. AGENDA MODIFICPsT[QN$ (ADDITIONS AND/OR DELETIONS~
Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21)
6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
97.275 A. Proclamation - Bill of Rights Day - December 15, 1997 - Requested by John Olberrnann
97.273
97.054
97.276
97.156
97.277
97.278
97.091
9.
10.
ITEMS DEFERRED FROM ] 2/3]~}7 REGULAR MEETING
B. Discussion Re: Gambling Boats and Water Taxis (Requested by Councilmember Sullivan)
CITY ATTORNEY MATTERS
CITY MANAGER
CONSENT AGENDA
,4ll 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 C#y Council so requests;
in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 12/3/97 Regular Meeting
Adopt Resolution No. R-97-83 - Falcon Cable Franchise Extension and Schedule January 7, 1998
Workshop to Review Proposed Teleconununications Ordinance (City Manager Transmittal 12/11/97,
R-97-83)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION OF AN
EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL
TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR THE
RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE.
Approve Purchase of Four Front Deck Mowers for Public Works - Piggyback State Contract No.
515-630-560-0783 - $52,636 Total - One Year Warranty - Howard Price Turf Equipment (Public
Works Transmittal 12/1/97, Brochure)
Authorize City Manager to Execute Supplement # 12 with Craven Thompson & Associates - Design
Main Street Drainage System and Baffle Box Improvements - $16,600 (City Engineer Transmittal
12/3/97, Supplement # 12)
Authorize City Manager to Execute Addendum to Transfer Contract with Ralph Hahn & Associates
to Hanson Engineers Incorporated - Police Department HVAC System (City Manager Transmittal
12/11/97, Proposed Addendum, Exhibit A - Hahn Contract, Exhibit B - Agreement and Plan of
Reorganization, Hahn Letter)
Authorize City Manager to Execute Multi-Party Agreement with Indian River County and
Municipalities for Digital Aerial Photography Mapping Project - City Cost $6,000 (Director of
Community Development Transmittal 12/11/97, Interlocal Agreement)
Craft Club of Sebastian - Request Use of Riverview Park for Remainder of 97/98 Shows - 4/4/98
(4/5/98 Raindate) and 5/2/98 (5/3/98 Raindate) - Conditions in Effect on 4/4/98 (City Clerk
Transmittal 12/3/97, Stimmel Letter)
2
97.112
97.27O
97.201
97.279
97.280
11.
12.
13.
14.
15.
PUBLIC HEARING
Procedures for public hearings: (R-97-21)
Mayor Opens Hearing
,4ttorney Reads Ordinance or Resolution
· Staff Presentation
· Public Input - Limit of 10 Minutes Per Speaker
° Staff Summation
· Mayor Closes Hearing
· CouncilAction
~4nyone Wishing to Speak is ,4sked to Sign Up Prior to the Meeting, When Called go to the Podium and State
His/Her Name for the Record
Second R~tlJrlg, public Heating and Final A~loptjon of Ordinance No~ 0-97-62 - P.~rki~g
Recreational Vehicles (Community ~velopment Director Tran~rflJttal 12/11/97, 0-97-62)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-$,16,
20A-5.16.1, AND 20A-6.1.14 OF THE LAND DEVELOPMENT CODE REGARDING THE DEFINITION OF A BOAT, THE
PARKING AND STORAGE OF RECREATIONAL VEHICLES, THE PARKING AND STORAGE OF COMMERCIAL TRA/LERS
AND BOATS, TEMPORARY TRAILERS, THE PARKING OF LARGE TRUCKS AND HEAVY EQUIPMENT AND HOME
OCCUPATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE. (l~t Reading 11/19,97, ~ 12/3/97, 2nd Reading and Public Hearing
12/17,97)
Reading. Public Heating allfi Fill~l Adoption of Ordinanc~ NO, 0-97-68 - Vacation of
l~asen~lalt procedures (Cil~ Clerk Transmittal 12/10/97, 0-97-68)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 90, ARTICLE IV
OF THE CODE OF ORDINANCES OF THE CiTY OF SEBASTIAN PERTAINING TO EASEMENTS; AMENDING SECTION 90.126
OF THE CODE OF ORDINANCES RELATIVE TO REQUESTS TO VACATE; AMENDING SECTION 90-127 OF THE CODE OF
ORDINANCES RELATIVE TO NOTIFICATION OF PUBLIC UTILITIES, OBJECTIONS; PROVIDING FOR CODIFICATION;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERAB1LITY; AND PROVIDING FOR AN EFFECTIVE DATE. (l~t Reading 12/3/97, Advertiaed 12/6,97, 2nd R~ading and Public
H~arlng 12/17,97)
INTRODUCTION OF NEW BUSiiYI~$$ FROM THE PUBLI~
Ighich is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
COMMITTJ~I~ RlgPORTSfRECOMM~NDATIONS
A. Discuss Recreational Advisory Board (Requested by Councilmember Sullivan)
OLD BUSINESfi
NEW BUSINESS
U.S. 1 Median South of City Limit - Authorize Extension of Existing Irrigation System and Sod and
Authorize Mowing (City Manager Transmittal 12/11/97)
Local Law Enforcement Block Grant Advisory Board - Authorize City Manager to Contact
Substance Abuse Council to Serve as Board (City Manager Transmittal 12/8/97, Grant Special
Special Conditions)
16.
17.
~TY COUNCIL MATTERS
B.
C.
D.
E.
Vice Mayor Richard Taracka
Mrs. Louise Cartwright
Mr. Larry Paul
Mrs. Ruth Sullivan
Mayor Walter Barnes
ADJOURN (All meetings shah adjourn at lO:30 p. m. unless extended for up to one half hour by a
majority vote of City Councll)
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.
Hearing Assistance Headphones are Available in the Council Chambers for aH Government Meetings.
Upcoming Meetings:
Workshop ?? - Wednesday, January 7, 1997- 7pm
Regular Meeting - Wednesday, January 14, 1997- 7pm
Special Meeting - Wednesday, January 21, 1997 - 7pm
Regular Meeting - Wednesday, January 28, 1997 - 7pm
4
PUBLIC HEARING SIGN-UP SHEET
DECEMBER 17, 1997 REGULAR MEETING
97.112
Name
Second Reading, public He~g a~d Final Adogti0n of Ordinance No. 0-97-62 - Parking
Recreational Vehicles (Communi~ Development Director Transmittal 12/11/97, 0-97-62)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDINO SECTIONS 20A-5.16, 20A-5.16.1, AND
20A-6.1.14 OF THE LAND DEVELOPMENT CODE REOARDINO THE DEFINITION OF A BOAT, THE PARKINO AND STORAGE OF
RECRF~TIONAL VEHICLES, THE PARKING AND STORA(}E OF COMMERCIAL TRAILEI~ AND BOATS, TEMPORARY TRAILERS, THE
PARK1NO OF LAROE TRUCY~ AND ItEAVY EQUIPMENT AND HOME OCCUPATIONS; PROVIDINO FOR CODIFICATION; PROVIDING
FOR CONFLICTS; PROVIDINO FOR SEVERABILITY; AND PROV1DINO FOR AN EFFF_.CTIVE DATE. (la Reading 11/19/97, AdveOJ~d
12/3/97, 2nd Readh~g ami Public He~xing 12/17/9~)
Name
Address
Name
Address
Address
Name
Address
N~me
f Address
PUBLIC HEARING SIGN-UP SHEET
DECEMBER 17, 1997 REGULAR MEETING
97.270 B.
Second Reading. Public Hearing and Final Adoption of Ordinance No. 0-
97-68 - Vacation of Easement Procedures (City Clerk Transmittal
]2/10/97, O-97-6~]
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 90, ARTICLE IV
OF THE CODE OF ORDINANCF3 OF THE CITY OF SEBASTIAN PERTAINING TO EASEMENTS; AMENDING SECTION 90-126
OF THE CODE OF ORDINANCES RELATIVE TO REQUEST~ TO VACATE; AMENDING SECTION 90-127 OF THE CODE OF
ORDINANCES RELATIVE TO NOTIFICATION OF PUBLIC UTILITIES, OBJECTIONS; PROVIDING FOR CODIFICATION;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (l~t Reading 12/3/97, Adv~ti~xi 12/6/97, 2nd Reading and Public
Hearing 12/17/97
Name
Address
Name
Name
Address
Name
Address
Name
Address
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
~IGN-UP SHIT~T
DECEMBER 17, 1997 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE
PREPARED AGENDA - LIMIT OF I0 MINUTES PER SPEAKER
Address:
Subject: D~c.c/a45 o;~_ t°~
Address:
Subject:
Address:
Subject:
Address:
Name:
Address:
Subject:
Name:
Address:
Subject:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, DECEMBER 17, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Barnes called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Police Chaplain Frank Camillo.
ROLL CALL
City C~uncil Present:
Mayor Walter Barnes
Vice Mayor Richard Taracka
Mrs. Louise Cartwright
Mr. Larry Paul
Mrs. Ruth Sullivan
Staff Presertt;
City Manager, Thomas Frame
City Attorney, Valerie Settles
City Clerk, Kathryn O'Halloran
Chief of Police, Randy White
Public Works Director, Pat Breunan
City Engineer, Martha Campbell
Director of Community Development, Bob Massarelli
Deputy City Clerk, Sally Maio
DegularCity Meeting
Council
ecember 17, 1997
Page Two
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21)
The City Manager requested that the Oyster Bay assessment issue be added to the agenda under Old
Business.
MOTION by Cartwright/Paul
I move to add item 14A, the Oyster Bay assessment to the agenda,
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
6. PROCLAMATIONS. ANNOUNCI~3I~I¥I'$,.~ND/OR PRESENTATIONS
97.275
A. Proclamation - Bill of Rights Day - Decemla,r 15. L997 - Requested by John Olbermann
Mayor Barnes read and presented the proclamation to John Olbermann.
Mrs. Cartwright announced that the Indian River Blood Bank is in need of blood and announced that the
bloodmobile will be at City Hall on December 22, 1997.
7. ITEMS DEFERRED FRO.~ 1~D/97 REGULAR MEETING
97.273
B. DiscussLoaR~; Gambling Boats and Water Taxis (Requested by C, fluncjlmeillber Sullivan)
Mrs. Sullivan said she felt it was important to have an ordinance prohibiting gambling boats from
docking in Sebastian.
MOTION by Sullivan/
i want to make a motion, I want to be on the record that I want to see gambling boats
prohibited or boats equipped with gambling equipment prohibited from docking in Sebastian.
The City Attorney said them would have to be a reasonable basis for differentiating between
gambling boats and other types of boats before gambling boats could be prohibited, since the
gambling activity would not take place within the City's jurisdiction.
Mrs. Sullivan went on to express concern for the lack of parking in the Riverfront area.
2
~ Regular City Council Meeting
~December 17, 1997
""Page Three
t
10.
Mayor Barnes said while he would not want to see gambling, Council could not pass what may be an
illegal ordinance and suggested the matter be studied. The City Attorney said she could draf~ an
ordinance regulating the size of boats allowed to dock in the City. Mrs. Sullivan said she would also
like to see water taxis banned.
Mayor Barnes said he could contact Ft. Pierce and Port Canaveral to determine the size of gambling
boats that dock in those areas.
Mrs. Cartwright, referring to a letter to the Editor of the Press Journal by Mrs. Sullivan regarding
gambling boats, said she had contacted DEP and other government agencies which would have
information on applications for dredging, and had been informed by all that no applications are
pending. She said individual Council members should not present personal opinions using their
positions as members of the Council. Mr. Taracka said the Army Corps of Engineers is conducting a
dredging possibility study for Good Guys and Mrs. Sullivan said she had been told by DEP that them
are three dredging applications on file.
The City Clerk reiterated the motion, and Mrs. Sullivan added "based on safety factors and size",
however, the City Attorney said the motion should be based on limiting the size of commercial boats
or that Council could consider a policy statement relative to commercial activity on the river.
The motion died for lack of a second.
CITY ATTORNI~Y MATTERS
None.
CITY MANAGER MATTERS
The City Manager said that due to a January 12, 1998 Recreation Committee meeting, Council would have to
reschedule its continuation workshop on Riverfront Overlay Performance District. City Council concurred
with Thursday, January 22, 1998 at 7 pm.
CONSENT AGENDA
All 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.
A. Approval of Minutes - 12/3/97 Regular Meeting
3
.~.,Regular City Council Meeting
)~ ecember 17, 1997
Page Four
97.054 B.
Adopt Resolution No. R-97-83 - Falcon Cable Franchise Extension and Schedule January 7, 1998
Workshop to Review Proposed Telecommunications Ordinance (City Manager Transmittal 2/11/97,
R-97-83)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION OF AN
EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL
TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR THE
RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE
97.276 C.
Approve Purchase of Four Front Deck Mowers for Public Works - Piggyback State Contract No.
515-630-560-0783 - $52,636 Total - One Year Warranty - Howard Price Turf Equipment (Public
Works Transmittal 12/1/97, Brochure)
97.156 D.
Authorize City Manager to Execute Supplement # 12 with Craven Thompson & Associates - Design
Main Street Drainage System and Baffle Box Improvements - $16,600 (City Engineer Transmittal
12/3/97, Supplement # 12)
97.277 E.
Authorize City Manager to Execute Addendum to Transfer Contract with Ralph Hahn & Associates
to Hanson Engineers Incorporated - Police Department HVAC System (City Manager Transmittal
12/11/97, Proposed Addendum, Exhibit A - Hahn Contract, Exhibit B - Agreement and Plan of
Reorganization, Hahn Letter)
)7.278 F.
Authorize City Manager to Execute Multi-Party Agreement with Indian River County and
Municipalities for Digital Aerial Photography Mapping Project - City Cost $6,000 (Director of
Community Development Transmittal 12/11/97, Interlocal Agreement)
97.091 G.
Craft Club of Sebastian - Request Use of Riverview Park for Remainder of 97/98 Shows - 4/4/98
(4/5/98 Raindate) and 5/2/98 (5/3/98 Raindate) - Conditions in Effect on 4/4/98 (City Clerk
Transmittal 12/3/97, Stimmel Letter)
The City Manager read the consent agenda and the City Attomey read Resolution No. R-97-83 by
title.
Mr. Paul removed item F; and Mrs. Sullivan removed items C and E.
MOTION by Taracka/Sullivan
I move to approve items A, B, D, and G of the consent agenda.
TAPE I - SIDE Il (7:45 p.m.)
ROLL CALL: Mr. Paul
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
MOTION CARRIED 5-0
- aye
- aye
- aye
- aye
4
.,,.Regular City Council Meeting
~1~ ecember 17, 1997
Page Five
97.276 C.
Approve Purchase of Four Front Deck Mo~ers for Plll~li¢ Works - Piggyback State Contract No.
~1~-630-560-0783 - $52,636 Total - One Year Warranty - Hoy/ard Price Till[ Equipment (Public
Works Transmittal 12/1/97, Brochure)
In response to Mrs. Sullivan, the City Manager said the mowers will be used for mowing fight-of-
way in the City.
MOTION by Sullivan/Taracka
I would move approval of item C under the consent agenda items.
ROLL CALL:
Mr. Taracka - aye
Mrs. Cartwdght ~ aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
97.277 E.
Authorize City Manager to Execute Addendum to Trall~fer Contract with Ralph Hahn & Associates
to Hanson Engineers Incorporated - Police Department I-IV. AG System (City Manager Transmittal
12/11/97, Proposed Pa.O0~ndmn, l~xhibit A - Hahn Contract, Exhibit B - Agrecnl~lJg and Plan of
Reorganization, Hahn
In response to Mrs. Sullivan, the City Manager explained the merger and that the function of the
mechanical engineers now is contract management during the time of construction.
MOTION by Sullivan/Taracka
I would move approval of consent agenda item E.
ROLL CALL: Mr. Paul
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
MOTION CARRIED 5-0
- aye
- aye
- aye
- aye
City Council Meeting
December 17, 1997
Page Six
97.278 F.
Authorize City Manager to Execute Multi-Party..Agr~tllcp, t with Indian River County and
Municipalities for I)igit0[ Aerial Photography Mapping Project - City Cost $6,000 (.Dirc~oi of
Commullily Development Transmittal 12/11/97, Interlo~al Agr~cmen0
In response to Mr. Paul, the City Manager said Fellsmere's portion of the cost is relative to its
percentage of land area.
MOTION by Paulfraracka
I make a motion to accept consent agenda item F.
ROLL CALL:
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
Mr. Paul - aye
MOTION CARRIED 5-0
11. PUBLIC HEARING
Procedures for public hearings: (R-97-21)
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
· Staff Presentation
· Public Input - Limit of 10 Minutes Per Speaker
StaffSummation
· Mayor Closes Hearing
· Council Action
Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for
the Record
97.112
Second Reading, Public Heariag.tl/ld F~al Adoption of Ordinance No. O-97-62 -P~}iillg
I~ecreational Vehicles (Communil~ D~¥eJopment Director Transmittal 12/11/97, 0-97-62)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& AMENDING SECTIONS 20A,5.16,
20A-5.16.1, AND 20A-6.1.14 OF THE LAND DEVELOPMENT CODE REGARDING THE DEFINITION OF A BOAT, THE
PARKING AND STORAGE OF RECREATIONAL VEHICLES, THE PARKING AND STORAGE OF COMMERCIAL TRAILERS
AND BOATS, TEMPORARY TRAILERS, THE PARKING OF LARGE TRUCKS AND HEAVY EQUiPMENT AND HOME
OCCUPATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE. (l~t Reading 11/19/97, Advertised 12/3/97, 2nd Reading and Public Heating
12/17/97)
Mayor Barnes opened the public hearing at 7:53 p.m. and the City Attorney read Ordinance No.
O-97-62 by title.
The Director of Community Development gave a brief presentation.
6
Regular City Council Meeting
~December 17, 1997
"'"Page Seven
Tut Cormelly, 149 Kildare Drive, Sebastian, suggested Council forget about the RVS.
The Director of Community Development read a letter from George Izzo, expressing concern for
discrimination against duplex lots, where only two recreation vehicles would be allowed.
The Director of Community Development said the Police Chief had recommended two minor
corrections as follows: (page 104 line 1) insert "a", and (line 3) strike "inS" in exceed. He then
recommended adoption.
Mayor Barnes closed the public hearing at 7:58 p.m.
MOTION by Taracka/Bames
I move to approve Ordinance 0-97-62.
Mr. Paul said he was concerned that Mrs. Sullivan's property was residential and would be affected.
ROLL CALL:
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - nay
Mr. Paul - nay
Mrs. Sullivan - aye
MOTION CARRIED 3-2 (Cartwright, Paul - nay)
97.270
~e~9/~[ Rooding, Public Heating and Final Adol~tion Qf Ordinance No. O-97-68 - Vacation of
l~,asement Procedures (Cily Clerk Transmil~Iltl 12[10/97, 0-97-68)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 90, ARTICLE
IV OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO EASEMENTS; AMENDING SECTION
90426 OF THE CODE OF ORDINANCES RELATIVE TO REQUESTS TO VACATE; AMENDING SECTION 90-127 OF THE
CODE OF ORDINANCES RELATIVE TO NOTIFICATION OF PUBLIC UTILITIES, OBJECTIONS; PROVIDING FOR
CODIFICATION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 12/3/97, Advertised 12/6/97,
2nd Reading and Public Hearing 12/17/97)
Mayor Barnes opened the public heating at 8:02 p.m. and the City Attomey read Ordinance No.
0-97-68 by title. The City Manager said this was a procedural matter only.
Mayor Barnes closed the public hearing at 8:03 p.m.
MOTION by Taracka/Paul
I move to adopt Ordinance No. 0-97-68.
7
,,~Regular City Council Meeting
1~ cember 17, 1997
Page Eight
12.
TAPE II - SIDE
ROLLCALL:
Mr. Taracka
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
Mr. Barnes
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
INTRODUCTION OF I~W BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker
Sal Neglia, 461 Georgia Boulevard, Sebastian, said teens were hanging out on the new observation pier, there
is no handicapped access, and the railing is not up to code; said Catalano Auto Sales has more autos on the
lot than stated they would have, noting boats were not allowed at all, to which Mayor Barnes said he would
like to see a workshop on Code Enforcement; said there is a deli which has tables and chaffs and is not
approved to have them; said new houses are being built on Azine Terrace and have portable toilets across the
street; said Highlands Animal Hospital puts out garbage on CR 512 and is boarding animals; and expressed
concern for Walmart signs in right-of-way for a recent auto sale.
The City Manager explained the purpose of the observation pier.
Don Smith, Poinciana Street, Sebastian, said he felt that the City was getting away from principles in the way
it does business, relative to performance evaluations and the way it imposes regulations. Mayor Barnes said
there is no written policy for the way evaluations are done and intended to ask that the Personnel Director
come up with a policy. Mr. Smith recommended no more Council time be spent on gambling boats, but that
staffbe asked to study it; suggested the City move forward on the Riverfront; and thanked City Council.
Carolyn Corem, 881 Dolores Street, Sebastian, said she had sent letters to Council asking questions about the
Land Development Code and never received a response. Mayor Barnes said he would follow up on it.
Mrs. Corem said the observation pier is beautiful.
I (8:32 p.m.)
She went on to say she was disappointed that Council did not have a quorum for the Comprehensive Land
Use Plan hearing on December 10th, stressing its importance to the City. Mayor Barnes said prior to the
hearing date, the Department of Community Affairs claimed they had not received the City's Evaluation and
Appraisal Report, therefore they would need time to review it and were considering a six month extension.
Tony Finazzo, Georgia Boulevard, Sebastian, said city staffhad dug a trench in his swale to alleviate a
drainage problem, and suggested a solution by punching holes in swales. The Public Works Director said
staffhad considered this method.
8
Regular City Council Meeting
December 17, 1997
~age Nine
Mayor Barnes called recess at 8:42 p.m. and reconvened the meeting at 8:55 p.m. All members were present.
13. COMMITTEE BEPQRTS/R~COMMENDATIONS
97.201
A. Discuss Recreational Advisory Board (Keguested b.v Coltoci!member Sullivan)
Mrs. Sullivan recommended that the two alternates be made regular members, due to the fact that
Larry Driver was so instrumental in establishing the committee to begin with.
Mayor Barnes said Council adopted the Resolution establishing the make-up of the committee. The
City Manager suggested that since the committee has to be formally established by ordinance, the
Council could reassess the make-up of the committee at that time. Discussion took place 'as to
whether there was intent for the committee to be permanent or temporary.
Mrs. Cartwright said action taken at the previous meeting was clear, and she would like this to go to
ordinance form and stay as is. Mr. Sullivan and Mr. Taracka recommended eleven regular members.
Mr. Paul suggested staying as is. Mayor Barnes called for a motion.
MOTION by Sullivan/Taracka
I would move that we have an ordinance written to cover the Riverfront Advisory Board and
that it be expanded to eleven members.
Carolyn Corum, 881 Dolores Street, Sebastian, said Riverfront Committee alternates were almost
always able to sit in on meetings.
The Public Works Director said the first meeting will be organizational.
ROLL CALL:
Mrs. Cartwright - nay
Mr. Paul - nay
Mrs. Sullivan - aye
Mr. Barnes - nay
Mr. Taracka - aye
MOTION FAILED 2-3 (Cartwright, Paul, Barnes - nay)
MOTION by Cartwright/Paul
I move to change the current format of our Recreation Advisory Board from resolution form
to ordinance form as it stands.
ROLL CALL:
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Barnes - aye
Mr. Taracka - aye
Mrs. Cartwright - aye
MOTION CARRIED 5-0
9
_Regular City Council Meeting
ember 17, 1997
Page Ten
14. OLD BUSINESS
old
A. Oyster Bay A~sessment
The City Manager distributed backup at the beginning of the meeting for this item (see December 17,
1997 memo attached). He offered three options for Council: 1) do nothing; 2) redo the entire
assessment, a method he did not believe would be beneficial to anyone because if redone he would
recommend the City not pay on certain of its property the next time, and which would redistribute
those funds to other parties; and 3) or, in accordance with FS 170.14, conduct a reapportionment
heating to readjust Oyster Bay's assessment with funds from discretionary sales tax, a method that
would afford others the opportunity to question their assessments.
The City Attorney read from 170.16 FS and said there is no legal basis for reopening the assessment,
noting Oyster Bay had their opportunity to question the assessed amount.
Max Abrams, Oyster Bay, addressed City Council requesting relief for the error in calculation. In
response to Mr. Paul, Mr. Abrams said he had not questioned the assessment at the hearings because
he assumed the assessment had been done fairly and equitably.
TAPE II - SIDE II (9:32 p.m.)
Mrs. Cartwright recommended Oyster Bay be relieved and the proper reapportionment hearing be
conducted.
In response to Mr. Paul, Mayor Barnes and Mrs. Sullivan said they'd been informed by Commission
on Ethics that they could vote on the matter. The City Attorney said these letters were public record
and could be obtained by anyone. Both said they would provide copies of their letters to the City
Manager.
Discussion followed on use of discretionary sales tax funds.
Carolyn Corem, 881 Dolores Street, Sebastian, said Oyster Bay had their chance to be heard during
the advertised heatings.
MOTION by Taracka/Sullivan
I'd like to make a motion that the water assessment of the Riverfront stand as calculated
following recommendation of our city attorney.
The City Attorney, in response to Mr. Paul, said there is potential for litigation, and that her advice
was option one or three, to open up the assessment to everyone or to leave it as is.
10
a~Regular City Council Meeting
~[2}~ ecember 17, 1997
Page Eleven
ROLL CALL: Mr. Taracka
Mrs. Cartwright
Mr. Paul
Mrs. Sullivan
Mr. Barnes
MOTION CARRIED 3-2 (Cartwright, Paul - nay)
- nay
- nay
- aye
- aye
NEW l~lJ~q!Ng$S
97.279
U.S. 1 Median South of l~iB' Limit - Authorize F,,xtonsion of Existing Irrigation System and Sod
Authorize Mowing (City Manager Transmittal 12/11[,,97~
In response to Mr. Taracka, the City Manager said the subject area was less than 100 feet.
Carolyn Corem, Dolores Street, Sebastian, suggested saw palmettos be used. The City Manager said
he would like to approach FDOT about putting an entrance sign in this location and would be willing
to look into using saw palmettos as well.
MOTION by Cartwright~aracka
I move to authorize the extension of the existing irrigation system and place appropriate sod
within that portion of the U.S. I median and authorize the mowing of that portion of the median
which lies outside the City Limits.
ROLLCALL:
Mrs. Cartwright - aye
Mr. Paul - aye
Mrs. Sullivan - aye
Mr. Bames - aye
Mr. Taracka - aye
MOTION CARRIED 5-0
97.280
Local Law Enfor~¢ll~ll[ B!o~k Grant Advisory Board - Authorize City Manager to Contact
Substance Abuse Council to Serve as Board (City Manager Transmittal 12/8/97, C~t SpemL
Speci0l Conditio0s)
MOTION by Sullivanfl'aracka
I move to authorize the City Manager and Chief of Police to contact the Substance Abuse
Council and use them as the requisite advisory board for the purpose of making a non-binding
recommendation as required under terms of the Federal grant.
ROLL CALL: Mr. Paul
Mrs. Sullivan
Mr. Barnes
Mr. Taracka
Mrs. Cartwright
MOTION CARRIED 5-0
- aye
- aye
- aye
- aye
- aye
11
A Regular City Council Meeting
~December 17, 1997
""'Page Twelve
16. CITY cOUnCIL MATTERS
A. Vice Mayor Richard Taracka
None.
B. Mrs. Louise Cartwfight
Mrs. Cartwright recommended policies be established for certain city matters for which none exist;
congratulated Gloria Brown, Employee of the Year; noted the passing of Everett Gass and said she
would like to acknowledge him and other city officials, to which the City Manager responded flowers
are sent; recommended honoring volunteers, citing contributions by Tom Collins; thanked the Tom
Frame and Paul Wagner for the new city Christmas lights; suggested that the City work closely with
Indian River County on its drainage project in Roseland; and wished everyone happy and safe
holiday.
C. Mr. Larry Paul
Mr. Paul expressed gratitude for all the holiday decorations; and wished everyone a merry Christmas.
D. Mrs. Ruth Sullivan
Mrs. Sullivan read Frank Oberbeck's resignation letter from Board of Adjustment and asked the City
Manager to look into the matter. The City Manager reported the Bailey Code Enforcement hearing
was conducted today and the City Attorney explained the outcome. She noted Code Enfomement
matters will be reviewed at a future workshop,
E. M~ayOr W~llter Barnes
A workshop on Code Enforcement was scheduled for February 4, 1998 at 7 pm with attendance by
the Code Enforcement Board and associated staff matters.
Mayor Barnes expressed concern about the lack of procedures on evaluations.
TAPE III - SIDE I (10:20 p.m.)
Discussion took place on the proper method for evaluation and salary increases, Mayor Barnes
asked the City Manager to direct the Human Resources Director to draft a policy.
17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:30 p.m.
12
PagRegul~ City Council Meeting
cember 17, 1997
e Thirteen
Approved at the ~
Kathryn 1~I. O'Halloran, CMC/AAE
City Clerk
,1998, Regular City Council Meeting.
Walter W. Barnes
Mayor
13