HomeMy WebLinkAbout04141999 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCiL
AGENDA
REGULAR MEETING
WEDNESDAY, APRIL 14, 1999 - 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 MAIN STREET, SEBASTIAN, FLORIDA
Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council- limit often
minutes per speaker (R-97-2 D
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Chaplain Frank Camillo - Police Chaplain and First Baptist Church, Barefoot Bay
4. ROLL CALL
5. AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon a majority vote of City Council members (R-97-21)
6. PROCLAMATION~,,a,~I~OUNCEMENTS AND/OR PRESENTATIONS
99.033 A. Presentation of Certificate of Completion to Vice Mayor Neuberger - Attendance at Advanced
Institute for Elected Officials
99.073 B. Presentation of Proclamation - Confederate History Month - Commander Gene Lee & Lt.
Commander Carl Walker Accepting
99.074 C. Sebastian River Art Club Presentation of Check to City - Presented by Marjorie Schaub
7. CITY ATTORNEY MATTERS
8. CITY M3~AGER MATTERS
9. L-'ITY CLERK MATTERS
10. CITY COUNCIL MA~I~RS
99.075
99.076
99,077
99.065
11.
12.
A. Vice Mayor Neuberger
B. Mr. Barczyk
C. Mr. Bishop
D. Mr. Majcher
E. Mayor Wininger
CONSENT_AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion, There will be no separate discussion of
con. ut agenda items unless a member of CiO, Council so requests; in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 3/24/99 Regular Meeting, 3/30/99 Special Meeting
Request for Use of Riverview Park by Sebastian River Art Club - 11/20/99, 12/11/99, 1/15/00,
2/19/00 & 2/20/00, 3/18/00, 4/15/00 w/Raindates as Requested, 3/26/99 Russell Letter)
Co
Request for Use of Community Center by Mosqueda for "Sweet Fifteen Party" - 5/22/99 - 3 pm to
11 pm - A/B Request - Date of Birth Verified - Security Paid - 150 People - Contingent on Hiring
Police Officer (City Clerk Transmittal 3/23/99, Application)
Adopt Resolution No. R-99-24 - Vacation of Easement - Crowe - Lot 11 & 12, Block 161, Sebastian
Highlands - Unit 5 (Growth Management Director 4/7/99, R-99-24, Application, Site Map, Staff
Report, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF
CERTAIN EASEMENTS OVER LOTS 11 & 12, BLOCK 161, SEBASTIAN HIGHLAaNDS UNIT 5; PROVIDING FOR
CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
I'U]}[~IC HEARING
Procedures for public hearings: (R,97-21)
· Mayor Opens Hearing
· Attorney Reads Ordinance or Resolution
· Staff Presentation
· Public Input - Limit ofTen Minutes Per Speaker
· StaffSummation
· Mayor Closes Hearing
° CouncilAction
Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for
the Record
Second Reading, Public~e~lag and Final Adoptionof Ordinance No. O-99-02 - Ch~r R~view
Committee Appointme~LProcedures (CiO Attom~ Tr~smittal 3/26/99, 0-99-07,)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING
PROCEDURES FOR APPOINTMENT AND OPERATION OF CHARTER REVIEW COMMITTEE; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. (lst Reading 3/30/99,
Advertised Legal 4/3/99, PH 4/14/99)
2
99.065
99.008A
99.008B
99.071/
98.179
99.O73
13.
14.
15.
16.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up
required, limit often minutes for each speaker
COMMITTEE REPORTS/RECOMMENDATIONS
A. Bu~lget Advisory Review Board (City Clgrk Trogsmittal 4/7/99, Applications)
Formally Announce Five Individual City Council Appointments
Winingcr - Edwin Gileher
Neuberger - Larry Napier
Barc.~k - Herbert Munsart
Bishop - David Folkening
Majcher - (none submitted at this time)
2. Interview and Appoint Remainder of Applicants for Two At-Large Member Positions
B. Charter Review Committee (City Clerk Transmittal 4/7/99, Applications)
Formally Announce Ten Individual City Council Appointments
Wininger - Nathan McCollum and Inez Fielding
Neuberger - Sandra McCann and Harry Thomas
Barczyk - James Hill and Walter Barnes
Bishop - Larry Paul and Louise Cartwright
Majcher - (none submitted at this time)
2. Interview and Appoint Remainder of Applicants for Five At-Large Member Positions
C. Pluming and Zoning Commission (Cio Clerk TransrlliBal 4/_5/99, Two Applications)
Interview and Appoint One Regular Member with Term to Expire 4/2002
Interview and Appoint One Regular Member with Term to Expire 5/2002
OLD BUSINESS
Herbert Sturm Request to Readdress City Manager Proposal (City Manager Transmittal 4/8/99,
Sturm Submittal Under Separate Cover)
NEW BUSINESS
Prol:}osc, fil l~,¢~olutior~ No. R-99-21 - City Council Meeting Da~, Times, Procedures (CiO Clerk
TransnliBp. l 4/5/99 Proposed R-99-21)
A REfOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION
NO. R-97-21; ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL MEETINGS, WORKSHOPS AND QUASI-
JUDICIAL HEARINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION;
PROVIDING FOR AOENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN
QUASI-JUDICIAL MATTERS); PROVIDING FOR PUBLIC nqPUT PROCEDURES; ESTABLISHING DIRECTION
RELATIVE TO VERBATIM TRANSCKI~TS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
3
99.007 B.
Adopt ResolutionNo. R-99-22 - Support for Lo~al Ol~tion On~ Cent Sales Tax (City Clerk
Transmittal 4/5/99, R-99-22, IRC Letter)
A ~LUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA EXPRESSING SUPPORT FOR
CONTINUATION IN INDIAN RIVER COUNTY OF THE LOCAL OPTION ONE-CENT SALES TAX AUTHORIZED
PURSUANT TO CHAPTER 212.055, FLORIDA STATUTES; PROVIDING FOR AN EFFECTIVE DATE.
99.078 C.
Adopt Resolution No. R-99-23 Declaring Surplus Property (City Attorn~ Transmittal 4/5/99,
R-99-23~
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARINO SURPLUS
CEMETERY PROPERTY; DIRECTING CITY MANAGER TO OFFER SAID PROPERTY FOR SALE BY BID;
PROVIDINO FOR ADVERTISINO; SETTINO CONDITIONS; AUTHORIZING CONVEYANCE; PROVIDING FOR
EFFECTIVE DATE.
99.079 D.
Falcon Cable Modification of Form 1240 Filing Date (City Manager Transmittal 4/2/99, Yearwood
Letter)
99.080/ E.
98.060
BellSouth Mobility Temporary Communication Facility City of Sebastian Site VERO5(T) - Approve
Twelve Month Extension from 4/1/99 through 3/31/00 at $7,000 Per Month (City Manager
Transmittal 4/5/99, Agreemen0
99.081 F.
Purchase and Installation of Twenty Benches Along Indian River Drive Sidewalk (Growth
Management Transmittal 4/6/99, Staff Summary and Recommendation, Minutes)
C.R. McLellan Annual Culvert Contract - Approve Work Orders 1-4 in the Amount of $53,807.55
and Work Order 1 in the Amount of $22,553.55 (Engineering/Public Works Transmittal 4/7/99,
Work Orders)
99.082 H.
Consider Implementation of Water Restriction (City Manager Transmittal 4/5/99, Sec. 102-82 Code
of Ordinances)
99.083
I. Wish List Meeting (City Manager Transmittal 4/5/99, 6/24/97 Wish List Minutes)
99.084
J. Quarterly Open Forums (City Manager Transmittal 4/5/99, Minutes Excerpts)
99.085
K. Town Hall Meeting (City Manager Transmittal 4/5/99)
17.
ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majoriO, vote of Cio~
Council)
ANY PERSON PPttO DECIDES TO APPEAL ANY DECISION MADE B Y THE CITY COUNCIL WITH RESPECT TO ANY MA TTER CONSID~ A T THIS MEETING
(OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROC ~WD INGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE ~tTH THE AMERICANS WITH DIY~tBILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING
SHOULD CONTACT THE CI'IT'SADA COORDINATORAT 589-5330 ATLEAST 48 HOURS INADVANCE OF THISMEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
Upcoming Meetings.:
· SpeciaIMeeting (Interviews). Saturday, 4/24/99- 9 am
Regular Meeting- Wednesday, 4/28/99- 7pm
Regular Meeting - Wednesday, 5/12/99 - 7 pm
· Regular Meeting. Wednesday, 5/26/99.7pm
4
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 n FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, APRIL 14, 1999 ~ 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
e
Mayor Wininger called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Chaplain Frank Camillo, Police Department Chaplain and First Baptist Church,
Barefoot Bay.
ROLL CALL
City Council Present:
Mayor Martha S. Wininger
Vice Mayor Chuck Neuberger
Mr. Joe Barczyk
Mr. Ben A. Bishop
Mr. Edward J. Majcher, Jr.
St0ff Present:
Interim City Manager, John Van Antwerp
City Attorney, Rich Stringer
City Clerk, Kathryn O'Halloran
Chief of Police, Randy White
Growth Management Director, Tracy Hass
Public Works Director, Terry Hill
City Engineer, Martha Campbell
Parks Superintendent, Chris McCarthy
Deputy City Clerk, Sally Maio
Aegular City Council Meeting
pril 14, 1999
Page Two
99.033
99.073
99.074
o
e
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may b,~ added only upon a majority vote of City Council members (R-97-21)
It was the consensus of City Council to move New Business item H up to A. 1.
PROCLAMATIONS. ANNOUNCEMENTS A~D/OR_]q~g;$1~NYATIONS
Ao
Presentation of Certificate of Completion to Vice Mayor Neuberged -Attendance a/..~,fly_~c~
Institute for Elected Offi_ci~l~
The City Clerk read and presented the certificate of completion to Vice Mayor Neuberger.
P.l'e$~iltatiQ~ of Proclamation - Confederate History Month - Commander Gene Lee & Lt.
Commander Carl Walker Acce~
Commander Gene Lee and Lt. Commander Carl Walker were not present.
C. Sebastian River Art Club Presentation of Check to City - presented by Marjorie Schaub
Marjorie Schaub, on behalf of the Sebastian River Art Club, presented a check in the amount of $400
to Parks Superintendent Chris McCarthy for the purpose of the City purchasing new park benches in
Riverview Park.
CITY ATTOI~Ii~_Y MATTERS
Reported on receipt of the executed deed to the Filbert Street property from Indian River County.
Mayor Wininger requested use of the Filbert Street property be placed on the next agenda.
CiTY MANAGER MATTERS
Said he had received a request for a Prayer Ceremony on Thursday, May 6, 1999 for International
Day of Prayer. No objection.
Reported on Halloween presentations given by churches and was asked whether there was any
conflict with City functions. The City Clerk said there was no conflict.
CITY CLERK MATTERS
None.
Ae~ar City Council Meeting
pril 14, 1999
Page Three
10,
CITY COUNCIL MATTERS
A. Vice Mayor Neuberger
Suggested Council attend the Tuesday, April 20, 1999 meeting at 5:30 p.m. with the Charter Review
Committee to let them know what Council is looking for. All stated they could attend.
Asked why other than the city franchised trash hauler picks up within Park Place, and the City
Manager said he will investigate.
Discussed resident concerns about overgrown unimproved lots; and inquired about City money spent
and liability issues in maintaining them.
Reported on the MPO meeting re: new 1-95 interchange, and future sidewalk plans and public
transportation needs
Reported on the Treasure Coast Council of Local Governments
The Interim City Manager responded relative to future bikepaths, improvements to Indian River Drive and
Riverview Park expansion. Vice Mayor Neuberger said he would like a report back on his items and Council
agreed.
B. Mr. Barczyk
Reported on calls he had received on cars speeding on Barber Street and Schumann, the need for a
traffic light at the intersection of Barber/Schumann; and planes flying too close to homes. The
interim City Manager said he would talk to Sk~dive Sebastian again regarding airport rules and
regulations.
C. Mr. Bish01l
Said he will resign his position on the Chamber of Commerce Board of Directors due to a conflict
with his assignment as Council liaison to the Chamber.
Reported that the liability bill relative to skateboard park has passed the House and Senate; noted
that the last Skateboard meeting was not held due to lack of attendance; and urged grant funds be
sought. The City Attorney advised that Councilmembers may become involved but must comply
with the Sunshine Law and Mr. Bishop volunteered to act as liaison to the Skateboard Committee.
Council concurred. Mr. Majcher suggested inviting park developers to address City Council and the
interim City Manager was directed to set up a meeting. The City Clerk said the Chief of Police had
visited another City and brought back photos and that she would locate them and copy them to
Council.
D. Mr. Majct)~I
Reported on calls regarding the need for repairs to Midvale Terrace. Staffwas directed to provide a
copy of the paving program list to Mr. Majcher.
3
Aegular City Council Meeting
pril 14, 1999
Page Four
E. Mayor Wininger
Asked why staff cannot mail residents a security alarm application.
Reported on receipt of a response to Council's flood map request from DCA.
Noted a letter from BTR Labs regarding an education program and requested a Council liaison for
the grant meeting on April 27, 1999 from 2-4 pm. Mr. Barczyk volunteered.
Asked about notification to residents regarding credit for lack of service by Falcon Cable franchise.
Discussed a petition from residents requesting a street light on Barber Street near the fire station and
requested a report within a month.
Discussed the City Manager interviews on April 24, 1999, and advised it is important that each
Council member have one standard question they ask of all applicants.
Discussed a letter from Corem regarding Vickers Grove sandmine public safety issues and requested
the City Manager to contact Mrs. Corum to discuss the issues.
Discussed a letter regarding aircraft complaints.
Reported on Fourth of July festivities, suggesting a City booth in Riverview Park for distribution of
City information.
The City Manager responded he will respond to her inquiries.
11.
CONSENT AG]~NDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of
consent agenda items unles~ a member of Ci~ Councii so requests; in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 3/24/99 Regular Meeting, 3/30/99 Special Meeting
99.075 B.
Request for Use of Riverview Park by Sebastian River Art Club - 11/20/99', 12/11/99, 1/15/00,
2/19/00 & 2/20/00, 3/18/00, 4/15/00 w/Raindates as Requested, 3/26/99 Russell Letter)
99.076 C.
Request for Use of Community Center by Mosqueda for "Sweet Fifteen Party" - 5/22/99 - 3 pm to
11 pm - A/B Request - Date of Birth Verified - Security Paid - 150 People - Contingent on Hiring
Police Officer (City Clerk Transmittal 3/23/99, Application)
99.077 D.
Adopt Resolution No. R-99-24 - Vacation of Easement - Crowe - Lot 11 & 12, Block 161, Sebastian
Highlands - Unit 5 (Growth Management Director 4/7/99, R-99-24, Application, Site Map, Staff
Report, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, hN'DIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF
CERTAIN EASEMENTS OVER LOTS 11 & 12, BLOCK 161, SEBASTIAN HIGHLANDS UNIT 5; PROVIDING FOR
CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDINO FOR EFFECTIVE DATE.
The Interim City Manager read the consent agenda,
TAPE I - SIDE II (7:47pm.)
and the City Attorney read Resolution No. R-99-24 by title.
4
egular City Council Meeting
3,pril 14, 1999
Page Five
Mayor Wininger removed items A and C; Mr. Neuberger, Bishop and Majcher removed item C.
MOTION by Neuberger/Bishop
"I make a motion to approve items B and D."
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
Item A - Mk~utes
Mayor Wininger noted a clerical error on page cimle 19, change "Regular" to "Special" and "7 am"
to "9 am".
MOTION by Wininger/Neuberger
"I move to approve item A as amended."
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 5-0
Item C - Mo~que. dJ~ p~rty
Discussion took place on the use of alcoholic beverages at this function.
MOTION by Barczyk/Wininger
"I'd like to make a recommendation that item C be approved."
ROLL CALL:
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
MOTION CARRIED 5-0
Ocgular City Council Meeting
pril 14, 1999
Page Six
12. I'Ut~L!C HEARING
99.065 A.
Seg~tld Reading, Public Hearing and Final Adol~tioll ~f Ordinance No. O-99-02 - Charter Review
Committee Al>l~Ointmcnt Procedures (City Attorney Transmittal 3/26/99,.0-[}[}-02)
AN ORDINANCE OF THE CITY OF SEBASTIAN, IN-DIAN RIVER COUNTY, FLORIDA, ESTABLISHING
PROCEDURES FOR APPOINTMENT AND OPERATION OF CHARTER REVIEW COMMITTEE; PROVIDING FOR
CONFLICTS; PROVIDINO FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. (lst Reading 3/30/99,
Advertised Legal 4/3/99, PH 4/14/99)
13.
Mayor Wininger opened the public hearing at 7:54 p.m.; the City Attorney read Ordinance No.
0-99-02 by title.
The City Attorney noted that he had added language relative to no prohibition from serving on other
boards.
Mayor Wininger closed the public heating at 7:56 p.m.
Mayor Wininger noted that this ordinance provides for interview and that another area of the Code
states the interview can be waived. The City Attorney advised striking "and the interview".
Mayor Wininger requested adding that the committee shall submit its recommendation within six
months. The City Attorney advised that language be added to the last paragraph as follows:
"...which shall occur within six months of the committee's formation."
MOTION by Neuberger/Wininger
"I make a motion to adopt Ordinance No, 0-99-02 as amended."
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
INTRODUCTION OF NEW BUSINE~M THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up
required - limit often minutes for each speaker
Mayor Wininger read from the Government in the Sunshine Law manual, page 57, paragraph (3). (see
attached)
Regular City CoUncil Meeting
April 14, 1999
Page Seven
The following individuals addressed City CoUncil:
Ruth Paasch, Cedar Street, Sebastian - distributed photos and discussed the need to clear Underbrush
from empty lots.
Herbert Sturm, Saunders Street, Sebastian, - inquired about the nuisance ordinance and lack of Code
Enforcement
Herb Munsart, Seahouse Street, Sebastian - inquired about rubbish dumped on a lot, lack of an
ordinance to enforce it, and the need for language on the books
Richard Taracka, Coverbrook Lane, Sebastian - 1) inquired about deletion of the Riverfront
Performance Overlay waiver provision; 2) questioned Code Enforcement officers riding together; 3)
expressed concern about selective Code Enforcement in the City; 4) urged state certification for
Code Enforcement officers.'
The Growth Management Director said there have been vehicle problems in the past forcing officers
to; and that both officers must be state certified within their first two years.
Mr. Taracka resumed his input - 5) opportunity to save money by revisiting the need for police
dispatchers.
Mayor Wininger said she would invite discussion on the police dispatcher issue.
Walter Barnes, Azine Terrace, Sebastian - 1) urged participation in Great Florida Cleanup Day on
Saturday, noting a challenge to Cities to pick up the most trash; 2) reported on a break-in at a family
member's house and commended Detective Byers; 3) discussed a violation that has had five
notifications and no citation, and the need for better Code Enforcement
Mayor Wininger stated the citation process needs to be implemented.
Tut Connelly, 149 Kildare Drive, Sebastian - 1) discussed the importance of City Manager applicant
background checks
{~AApgUlar City Council Meeting
ril 14, 1999
Page Eight
Bob Ashcroft, George Street, Sebastian - urged Council not to reduce City Manager qualifications
Mayor Wininger called recess at 8:30 p.m. and reconvened the meeting at 8:45 p.m. All members
were present.
14. COMMITTEE REPORTS/RECOMMENDATI O~i~
A. Budget Advisory Review ]Soard (CiW Clerk Transmittal 4/7/99., Applications)
TAPE II. SIDE I (8:47p.m.)
99.066
Formally Announce Fi¥~Jrt~liyidual City Council Appointm~nt~
Wininger - Edwin Gileher
Neuberger - Larry Napier
Barczyk - Herbert Munsart
Bishop - David Folkening
Majeher - Gene Rauth
Each City Council member formally announced his/her appointee.
2. Interview and Appoint Remain~ler of Applicants for Two AI~- arg¢ Member Positions
City Council waived the interviews for the remaining two at-large applicants and appointments were
made as follows:
MOTION by Barczyk/Wininger
"I recommend we approve the two applicants for the at-large positions, Richard Smith and
Angela Sherbrook."
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
B. Charter Review Committee (City Clerk Tr~rnittal 4/7/99, Applications)
99.065
Formally Announce Ten Individual City Council Appointments
Wininger - Nathan MeCollum and Inez Fielding
Neuberger - Sandra McCann and Harry Thomas
Barczyk - James Hill and Walter Barnes
Bishop - Larry Paul and Louise Cartwright
Majcher - Iut Connelly and Sal Neglia
AApgUlar City Council Meeting
ril 14, 1999
Page Nine
Each City Council member formally announced his/her appointee.
2. Interview and Appg_kl[ Rcr0aigder of Applicants for Five At-Large Member Pg$iliQll~
It was the consensus of City Council not to include Louise Kautenberg's application due to the fact
that it did not meet the April 2, 1999 at-large application deadline as listed in the advertisement.
City Council waived interviews for the remaining at-large applicants and appointments were made as
follows:
MOTION by Bishop/Neuberger
"I will nominate Larry Napier."
ROLLCALL:
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher ~ aye
MOTION CARRIED 5-0
MOTION by Neuberger/Majcher
"I'd like to nominate Adrina Davis."
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 5-0
MOTION by Wininger/Bishop
"I'd like to nominate Norma Damp."
ROLL CALL:
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - nay
Mayor Wininger - aye
Vice Mayor Neuberger - nay
MOTION CARRIED 3-2 (Majcher, Neuberger - nay)
Aegular City Council Meeting
pril 14, 1999
Page Ten
99.008A
99.008B
MOTION by Barczyk/Wininger
"I'd like to nominate Joe Generazio."
ROLL CALL:
Mr. Bishop - nay
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 4-1 (Bishop - nay)
MOTION by Majcher/Neuberger
"I'd like to nominate Steve Munchak."
ROLL CALL:
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
planning and Zoning CommissigltL~l~ ~lerk Transmittal 4/5/99, Two Applicationt)
Interview and App. gill£ Olde Regular Member with Term to Expk¢
Interview and &pl?oint One Regular Member with Term to Expire ff2092
MOTION by Barczyk/Neuberger
"I'd like to recommend that we approve the two applicants since they are already members
of the board and I'd like to recommend that they just stay on - Jean Vesia and Charles Barrett Jr."
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
10
Aegular City Council Meeting
pril 14, 1999
Page Eleven
15. OLD BUSINESS
99.071 / A.
98.179
99.073
16.
Herbert Stur~ g~quest to Readdress City Manager Proposal (City M~nagcr Transmittal 4/8/99,
~turl~ Submittal Under Separate Cover)
Mayor Wininger advised Mr. Sturm to keep his remarks to method of resolution.
Herbert Sturrn stated "I would recommend to the Council that the Council cause Chief White,
Captain Puscher and Sergeant Beyer to be suspended pending an investigation", and "I would also
recommend that the Council do this investigation. Council has authority according to the Charter."
The City Attorney stated "You (Council) are authorized to do investigations under the Charter if you
so choose. You are not authorized to suspend an employee other than the three Charter Officers.
That, under the Charter, is the City Manager's prerogative." He went on to say, "It would be my
strong recommendation that no investigation be done, because I have heard from Mr. Sturm that he
seeks compensation in this matter of $400,000. If he doesn't get it, he intends to sue, and in that
case, it is my further recommendation that no further contact, no further discussion occur except
myself and his attorney."
MOTION by Wininger/Bishop
"I recommend that we heed the advice of our Attorney, and I so move."
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 5-0
NEW lllJ~INESS
Proposg0 ~esolution No. R-99-21 - City Council M~eting Dates, Times, Procedures (City Clerk
Transmitt01 4/5/99 Proposed R-99-21)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION
NO. R-97-21; ESTABLISHING TIqE DATE AND TIME FOR CITY COUNCIL MEETINGS, WORKSHOPS AND QUASI-
JUDICIAL HEARINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION;
PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HF.d~RING PROCEDURES (OTHER THAN
QUASI-3qdDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION
RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-99-21 by title.
ll
Aegular City Council Meeting
pril 14, 1999
Page Twelve
It was the consensus of City Council to insert Wednesday into the blanks.
Mayor Wininger suggested simplifying the public hearing procedures as it appears on agendas,
discussion followed, however there was no clear consensus.
MOTION by Wininger/Neuberger
"I move to adopt Resolution No. R-99-21 as amended."
ROLL CALL;
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
MOTION CARRIED 5-0
99.082
H.(A. 1) ~o_nsjd~r Implementation of Water R~triction (City Manager Transnaj~;t~l 4/5/99, Sec. 102-82 Code
9.f Ordinances)
Richard Taracka, Coverbrook Lane, Sebastian, discussed the urgency of the water shortage.
~APE II- SIDE II (9:34 p.m.)
Discussion took place on the St. Johns River Water Management District mandatory rule that there
be no watering between 10 am and 4 pm, and its request to voluntarily limit watering to two days per
week; and imposing the City's water restriction regulations and penalties as set out in the Code.
MOTION by Majcher/Wininger
"I move that we do." (put the City Water Restriction Plan in effect).
Mr. Bishop recommended the City go beyond the Water Restriction Plan and adopt the St. Johns'
standard rule as a permanent enforceable City rule.
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
The City Attorney was directed to draft an ordinance establishing St Johns' standard water
restrictions as the City's permanent year round restriction for the next Council meeting.
12
Regular City Council Meeting
April 14, 1999
Page Thirteen
99.007 B.
Adopt Resolution No. R-99-22 - Support, for Local Option One Cent Sales Tax (City Clerk
Transmittal 4/$199,. R-99-22, IKC Lett¢0
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA EXPRESSINO SUPPORT FOR
CONTINUATION IN INDIAN RIVER COUNTY OF THE LOCAL OPTION ONE-CENT SALES TAX AUTHORIZED
PURSUANT TO CHAPTER 212.055, FLORIDA SiATUiES; PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-99-22 by title.
MOTION by Wininger/Bishop
"I move to adopt Resolution No. R-99-22."
ROLL CALL:
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
Adgpt Resolution No. R-99-23 Declaring S~9-[U$ property (City Attorney Transmittal 4/5/99,_
R-99-23)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING SURPLUS
CEMETERY PROPERTY; DIRECTING CITY MANAGER TO OFFER SAID PROPERTY FOR SALE BY BID;
PROVIDING FOR ADVERTISINO; SETTINO CONDITIONS; AUTHORIZING CONVEYANCE; PROVIDINO FOR
EFFECTIVE DATE.
The City Attorney read Resolution No. R-99-23 by title.
Discussion took place on the legal description, the bidding procedure, and direction to the City
Manager to bring back an item to establish the use of the funds from the sale. Staffwas directed to
provide a copy of the legal notice and the date for the bid opening.
MOTION by Wininger/Barczyk
"I move to adopt Resolution No. R-99-23."
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
13
RAApgUlar City Council Meeting
ril 14, 1999
Page Fourteen
99.079 D.
99.080/ E.
98.060
99.081 F.
Falcon Cable Modification of Form 1240 Filing Date (City ManagEr ~r~smitt~l 4/2/99, Yearwood
Letter]
MOTION by Wininger/Neuberger
"I move to approve Falcon Cable's request to establish a new Form 1240 filing date of
March 1st, with an effective date of June 1st on all future rate increases."
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 5-0
l~elJ.$ollth Mobility Temporary Commoili.~ation Facility City of Sebastian Site VERQ5(T) - Approve
Twelve Month Ext~i.on from 4/1/99 through 3/31/00 at $73)0~er Month (City Manager
Transmittal 4/5/99, Agreement)
MOTION by Bishop/Barczyk
"I move to approve BellSouth Mobility's request to extend the Agreement for a Temporary
Communication Facility for twelve months, commencing on April l, 1999 through March 3 l, 2000,
at $700 a month, plus applicable tax."
ROLL CALL:
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
MOTION CARRIED 5-0
pllrchase and Installation of Twenty Benches Along Indian Riv_gr_Driye Sidewalk (Growth
Management Tragatrlittal 4/6/99, Staff Summary and lt,¢coromendation, Minutes)
The Growth Management Director distributed a bench location map and made a presentation to City
Council on the purchase of the benches with remaining Community Development Block Grant funds.
TAPE III - SIDE i (1 O: 23 pm.)
14
Aegular City Council Meeting
~pril 14, 1999
Page Fifteen
MOTION by Wininger/Barczyk
"I would like to that we will extend the meeting only so long as it takes us to do item G on
the agenda and to postpone action on item I, J and K until the next meeting."
ROLL CALL:
Mr. Bishop , aye
Ma'. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
Them was a consensus to investigate the purchase of bike racks.
MOTION by Barczyk/Wininger
"I recommend that we approve the purchase of the benches with the amendment that we
consider the purchase of a minimum of three bicycle racks within the cost."
ROLL CALL:
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
99.o15
G.tL McLellan Annual Culvert Contract - Approve Work Orders 1-4 incthe Amount of $53,807.55
and Work Order 1 in the Amount of $22,553.55 (Engineering/Public Works Transmittal 4/7/99,
3York Orders)
MOTION by Wininger/Neuberger
"I move to authorize Work Order Numbers 1 through 4 in the amount of $53,807.55 and
Work Order #1 in the amount of $22,553.55 to C.R. McLellan."
Mr. Neuberger said he heard C.R. McLellan is subcontracting out its work and discussion followed.
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Neuberger - nay
Mr. Barczyk - nay
Mr. Bishop - aye
Mr. Majcher - nay
MOTION FAILED 3-2 (Neuberger, Barczyk, Majcher - nay)
15
ApgUlar City Council Meeting
ril 14, 1999
Page Sixteen
99.083 I.
99.094 J.
K.
MOTION by Wininger/Neuberger
"I will so move that this item, McLellan Culvert replacement program, work orders 1-4 and
side yard installation work order l be placed on the agenda of the next meeting and that the questions
that Mr. Neuberger asked shall be answered prior to any action taken."
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 5-0
The following items were postponed to the beginning of the April 28, 1999 Regular Meeting.
Wish List Meeting (City Manager Transmittal 4/5/99, 6/24/97 Wish List Minutes)
Quarterly Open Forums (City Manager Transmittal 4/5/99, Minutes Excerpts)
Town Hall Meeting (City Manager Transmittal 4/5/99)
17. Mayor Wininger adjourned the Regular Meeting at 10:35 p.m.
Approved at the
,1999, Regular City Council Meeting.
Martha S. W' ' ge
Mayor "~
Ka't~yn M.6/O'Halloran, CMC/AAE
City Clerk
16
GOVERNMENT-IN-THE-SUNSHINE MANUAL
participate at each stage of the decision-making process, including workshops. Sec. Inf. Op. to
Hoiaorable John Thrasher. Jan. 27. 1994: and Inf. Op. to David G. Conn. May 19. 198;7.
(3) Authority to adopt reasonable rules
In providing an opportunity for public participation, this office is of the view that rcamnable
rules and policies, which ensure the orderly conducl of a public meeting and which require
orderly behavior tm thc part of those persons attending, ma5' be adopted by a public board.
For example, a rule which limits the amount of time an individual may address thc board
could be adopted provided that the time limit does not unreasonably restrict the public's right of
access, On the other hand. in commenting on whether a district board could restrict thc right to
speak at public meetings to residents or landowners within the distfct, this office advised that "it
is not readily apparent how the residence of the speaker or his or her ownership of property in a
certain area would be relevant to the orderly conduct of a meeting." Inf. Op, to Joseph Caetano,
July 2, 1996.
Although not directly considering thc Sunshine Law. the court in Jones v. Heyman. 888 F.2d
1328, 1333 (I lth Cir. 19891, recognized that "to deny the presiding officer the authority to
regulate irre'levant debate and disruptive behavior at a public meeting -- would cause such
meetings to drag on interminably, and den,,,' others the opportunit.v to voice their opinions." Thus,
the court concluded that a ma.vor's actions in attempting to confine the speaker to the agenda item
in the city commission meeting and having the speaker removed when the speaker appeared to
become disrnptive constituted a reasonable time, place and manner regulation and did not violate
the speaker's First Amendment rights.
May the members ora public board vote by secret ballot?
Section 286.01 I. F.S.. requires that meetings of public boards or commissions be "open to
the public at all times." If at any time during the meeting the proceedings become covert, secret
or not wholly exposed to the view and hearing of the public, then that portion of the meeting
violates that portion of s. 286.011. F,S.. requiring that meetings be "open to the public at all
times,"
Thus, the use of preassigned numbers or codes at public meetings to avoid identifying the
names of applicants for public positions violates s. 286.01 I. F.S. AGOs 7748 and 76-240.
· Similarly. members of a personnel board ma)' not vote by secret ballot during a hearing
i concerning a public employee. AGO 73-264. A board may not use secret ballots to elect thc
i chairman and other officers of the board. AGOs 72-326 and 71-32. Nor may a public agency
withhold a final decision from the public for any period of time. See, AGO 73-344. in which this
office concluded th;~t a practice of a commission in which commissioners voted privately by
: means of a vote sheet which wa_,, not released to the public for 7 days or longer violated the
' Sunshine Law. As stated in the opinion there is "nothing wrong with the votes being recorded
on the vote sheet as long as the,,,' are made openly at a public meeting and so long as the vote
sheets are available for public inspection."
6. Are board members authorized Io abstain from voting?
Section 286.012, F.S., provides:
N~ member of an)' state, cottttt)' or mtttti~ipa! gt~vernmental board,
commission, or agency who is present at an), meeting of any such body at
57