HomeMy WebLinkAbout0505199999.083
9-14
99.084
15-17
99.085
19-27
99.082
85-I05
SEBASTIAN CITY COUNCIL
WORKSHOP
and
SPECIAL MEETING
AGENDA
WEDNESDAY, MAY 5, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Please redfg, r ta ,~/2(i/99 Agenda Packet for Bacla~p - Pages Numbers are Indicated on lb[s~,ge~tdq
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. WORK~I'IOP ITEMS
(ITEMS FOR DISCUSSION ONL Y)
A. Wish List Meeting (City Manager Transmittal 4/5/99, 6/24/97 Wish List Minutes)
B. Quarterly Open Forums (City Manager Transmittal 4/5/99, Minutes Excerpts)
C. Town Hall Meeting (City Manager Transmittal 4/5/99)
D. Ordinance No. O-99-03 - Amending Water Restriction Plan and Imposing Permanent Water Use
Restriction - Schedule Second Reading, Public IIearing and Final Adoption forS/26/9-9 (City
Attorney Transmittal 4/22/99, 0-99-03, Current Code)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN
WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
99.097
147-160
mo
Resolution No. R-99-26 - Amendments to Communications Workers of America (CWA) Contract
(Human Resources Transmittal 4/21/99, R-99-26, Exhibits)
A RESOLIJHON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE MEMORANDUMS OF
UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND
THE COMMUNICATIONS WORKERS OF AMERICA; PROVIDING ADDITIONS AND CHANGES OF SUCH WORDING IN DUES
DEDUCTION, MISCELLANEOUS PAID LEAVE, SICK LEAVE, ANNUAL LEAVE, HOLIDAYS, PROMOTIONS, TRANSFERS, AND
ADJUSTMENTS AND RETIREMENT CONTRIBUTION IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
99.098
161-166
Resolution No. R-99-27 - Amendments to Florida Police Benevolent Association (PBA) Contract
(Human Resources Transmittal 4/21/99, R-99-26, Exhibits)
A RF_.3OLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE MEMORANDUMS OF
UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND
THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC; PROVIDING FOR CHANGES OF SUCH ANNUAL AND
SICK ACCRUAL RATES IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
99.103
207-208
Discuss the Use of Filbert Street Property and Direct Staff Accordingly (City Manager Transmittal
4/22/99, Map of Property "Tract D")
99.106
H. Clearing Brush from Unimproved Lots (New Item - No Backup)
5. ADJOURN_~WORKSHOP AND CALL SPECIAL MEETING TO ORDER
6. SPECIAL MEETING ITEMS FOR CITY COUNCIL ACTION
99.083
9-14
Wish List Meeting (City Manager Transmittal 4/5/99, 6/24/97 Wish List Minutes)
99.084
15-17
Quarterly Open Forums (City Manager Transmittal 4/5/99, Minutes Excerpts)
99.085
19-27
Co
Town Hall Meeting (City Manager Transmittal 4/5/99)
99.082
85-103
First Reading of Ordinance No. O-99-03 - Amending Water Restriction Plan and Imposing
Permanent Water Use Restriction - Schedule Second Reading, Public Hearing and Final Adoption for
5/26/99 (City Attorney Transmittal 4/22/99, 0-99-03, Current Code)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN
WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
99.097
147-160
Resolution No. R-99-26 - Amendments to Communications Workers of America (CWA) Contract
(Human Resources Transmittal 4/21/99, R-99-26, Exhibits)
A RESOIXrHON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE MEMORANDUMS OF
UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND
THE COMMUNICATIONS WORKERS OF AMERICA; PROVIDING ADDITIONS AND CHANGES OF SUCH WORDING IN DUES
DEDUCTION, MISCELLANEOUS PAID LEAVE, SICK LEAVE, ANNUAL LEAVE, HOLIDAYS, PROMOTIONS, TRANSFERS, AND
ADJUSTMENTS AND RETIREMENT CONTRIBUTION IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
161 - 166
99.103 G.
207-208
99.101 H.
175-177
Resolution No. R-99-27 - Amendments to Florida Police Benevolent Association (PBA) Contract
(Hman Resources Transmittal 4/21/99, R-99-26, Exhibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORiDA, ADOPTING THE MEMORANDUMS OF
UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND
THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC; PROVIDING FOR CHANGES OF SUCH ANNUAL AND
SICK ACCRUAL RATES IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROViDiNG FOR AN EFFECTIVE DATE.
Discuss the Use of Filbert Street Property and Direct Staff Accordingly (City Manager Transmittal
4/22/99, Map of Property "Tract D')
Waive Sealed Bid Procedure and Authorize Staffto Negotiate Contract with Regan Masonry for
Concrete Work for One Year (Public Works/Purchasing Transmittal 4/16/99, Purchasing Agent
Letter and 3 Phone Quotes)
7. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL MTH RESPECT TO ANY MATTER CONSIDERED
AT THIS MEETING (OR HEARING) MLL NEED A RECORD OF THE PROCEEDINGS AND MAI' 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. (286.0105F. 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.
Assistance Headphones are Available in Council Chambers for all Government Meetings.
Upcoming Meetings
Regular Meeting - Wednesday, 5/12/99- 7pm
Regular Meeting - .Wednesday, 5/26/99- 7pm
Regular Meeting - Wednesday, 6/9/99- 7pm
Regular Meeting - Wednesday, 6/23/99- 7pm
SEBASTIAN CITY COUNCIL
WORKSHOP
and
SPECIAL MEETING
MINUTES
WEDNESDAY, MAY 5, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Wininger called the Workshop to order at 7:00 p.m.
The Pledge of Allegiance was recited and there was a moment of silence.
ROLL CALL
City Council Pr~sent:
Mayor Martha S. Wininger
Vice Mayor Chuck Neuberger
Mr. Joe Barczyk
Mr. Ben A. Bishop
Mr. Edward J. Majcher, Jr.
Staffpresent:
Interim City Manager, John Van Antwerp
City Attorney, Rich Stringer
City Clerk, Kathryn O'Halloran
Chief of Police, Randy White
Finance Director, Mark Mason
Human Resources Director, Rich Samolewicz
Deputy City Clerk, Sally Maio
r Council Workshop
5, 1999
Page Two
99.083
99.084
99.085
99.082
WORKSHOP ITEMS
(iTEMS FOR DISCUSSION ONL Y)
A. Wish List Meeting (City Manager Transmittal 4/5/99, 6/24/97 Wish List Minutes)
It was the consensus of City Council to schedule the wish list workshop for Wednesday, May 19,
1999. Mayor Wininger advised City Council to submit their items ahead of time to the City
Manager so he can place them on the agenda. Discussion took place on prioritizing previous Council
wish list and quarterly forum input.
B. O. IJarterly Open Forums (City Mallager Transmittal 4/5/99, Minll[O~ I~xcerpts)
It was the consensus of City Council to schedule the quarterly open forum for June 30, 1999. Again
it was suggested to prioritize remaining items left um'esolved, and to review items on the pending
agenda item list at the May 19, 1999 wish list workshop.
C. Town Hall Meeting (City Mallllger Transmittal 4/5/99)
It was the consensus of City Council to place discussion and scheduling of a town hall meeting on an
agenda in early September.
Ordinance No. O-99-03 - Amending Water Restriction Plan and Imposislg Peml011ent Water Use
Restriction -Sehr. dul¢ Second Reading. PlJbli~-}tearing and Final Adollti9!! for 5/26/99 (City
Attorney Transmittal 4/22/99, 0-99-03, Current ~.od,)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN
WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILiTY; PROVIDING FOR AN
EFFECTIVE DATE.
The City Attorney distributed an alternative ordinance with greater enforceability for Council review
and explained the changes (see attached).
Mayor Wininger suggested minor amendments as follows:
Page 1 - delete the third whereas clause
Page 2 - 102-77 definitions delete "This" and replace with "The above list" under
Page 2 - 102-77 definitions delete "shortage"
Page 4 - clear up inconsistency between 102-80 and Page 7 102-84 (e) regarding cleaning and
repairing irrigation systems - this was left as is following later discussion
Page 8 - 102-91 add that the City Manager has the authority to revise, amend or approve the water
use plan
Page 8 - 102-94 - concern for unenforceability of (b) regarding AC temperature
Page 9 - 102-95 (b)(2) reverse penalty amounts $150 and $250
Vice Mayor Neuberger suggested language relative to requiring rain sensors.
2
Council Workshop and Special Meeting
1999
Page Three
Mr. Bishop requested a clarification on noncommercial vehicle washing.
99.097
ResQ!ution No. R-99-26 - AmenOmer~t~ IQ Communications Workers 0£Amcrica (CWA) Contract
0-htman Jl,e~ources Transmittal 4/21/99, R-~}9-26, t~xhibits)
A RESOklYIION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE MEMORANDUMS OF
UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND
THE COMMUNICATIONS WORKERS OF AMERICA; PROVIDING ADDITIONS AND CHANGES OF SUCH WORDING IN DUES
DEDUCTION, MISCELLANEOUS PAID LEAVE, SICK LEAVE, ANNUAL LEAVE, HOLIDAYS, PROMOTIONS, TRANSFERS, AND
ADJUSTMENTS AND RETIREMENT CONTRIBUTION IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
The Human Resources Director responded to questions from Council.
TAPE i - SIDE 1I (7:47p. m.)
Discussion continued. No changes were made.
99.098
Resolution No. R-99-27 - Amendments to Florida Police Benevolent Association (PBA) Contract
0tlaman Resources Transmittal 4/21/99, R-99-26, Exhibil~
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE MEMORANDUMS OF
UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND
THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC; PROVIDING FOR CHANGES OF SUCH ANNUAL AND
SICK ACCRUAL RATES IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
No questions. No changes made.
99.103
l}is~l~s the Use of Filbert Street Property and Direct Staff Pm~Qrdingly (City Manager Trall~mittal
4/22/99. Map of Property "Tract D")
Betty Burgess, Filbert Street, said property owners would like a nice passive park like Hardee Park,
not lighted with benches, picnic tables. She said neighbors will help and if Council would like a
committee they would be willing to help.
Vice Mayor Neuberger suggested there be some lighting for security and agreed with a passive park.
Mr. Bishop agreed with passive but noted a need for some type of facilities for children as well as
adults and was in favor of a committee of residents in the area.
99.106
H. Cleadtlg Brash from Unimprovecl Lots (New Item - No Backup)
The City Attorney advised that Council could take several different directions, i.e. 1) do nothing;
2) go to the extreme and make people clear all unimproved lot; or 3) go to the middle ground and
make people clean up piled up debris.
Council Workshop and Special Meeting
~ 5, 1999
Page Four
99.083
99.084
Discussion took place on possible City liability where overgrowth from lots blocks right-of-way;
people throwing debris on adjacent unimproved lots; and enforceability of current code language
relative to harboring snakes and rodents.
There were suggestions to go middle ground, obtain model ordinances and utilize better parts,
require previously cleared lots to be maintained, to keep unimproved lots clear of underbrush, and to
educate people as to what they can and cannot clear.
The City Manager said suggestions will be compiled and brought back to a future workshop.
ADJOURN WORKSHOP AND CALL SPECIAL MEETING TO ORDER
Mayor Wininger adjourned the workshop at 8:15 p.m. and called the Special Meeting to order at 8:30 p.m.
All those in attendance for the Workshop were in attendance when the Special Meeting convened.
ISpECIAL MEETING ITI~MS FOR CITY COUI~CIL ACTION
A. Wish List Me~irlg (City Manager Transmittal 4/5/99, 6/24/97 Wish List Minutes)
MOTION by Wininger/Majcher
"I move that the Council have a wish list meeting on May 19, 1999 at 7:00 p.m. and that
each Council member submit items that he or she wishes to discuss at this meeting to our City
Manager."
ROLL CALL: Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
B. Quarterly Ol~en Forllms (City Manager Tritasmittal 4/5/99, Minut¢~ l~xcerpts)
MOTION by Wininger/Barczyk
"I move that our next quarterly forum be held on Wednesday, June 30th at 7:00 p.m."
ROLL CALL: Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 5-0
r
Council Workshop and Special Meeting
ty 5, 1999
Page Five
99.085 C.
99.082 D.
99.097 E.
Town Hall Meeting (City Manager Transmittal 4/5/99)
MOTION by Wininger/Barczyk
"I move that we reschedule discussion of the town hall meeting to the first part of September
of this year."
ROLL CALL:
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
MOTION CARRIED 5-0
Fir~q Reading of Ordinil0ce No. 0-99-03 - Amending Water Resection Plan and Irrlpo~ing
Permal~ttt Water Use Restricljon - Schedule Sce~la~ Reading, Public II~arillg and Final A~C~l~tion for
5/-2q99 (City Attorney Transmittal 4/22/99, O-99-03, Current Code)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDINO THE CITY OF SEBASTIAN
WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROViDING FOR AN
EFFECTIVE DATE.
The City Attorney inquired whether it was the wish of Council that the alternative ordinance with
amendments made at this workshop be brought back for first reading on May 12, 1999.
MOTION by Wininger/Neuberger
"I so move."
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
Resolution biO, R-99-26 - Ame,~dments to Comr~unications Work~rs of America (,~WA) Contract
(Httm0,n Resources Tr~mittal 4/21/99. R-99-26, Exhibits)
A RE,SOLLrrlON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE MEMORANDUMS OF
UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND
THE COMMUNICATIONS WORKERS OF AMERICA; PROVIDING ADDITIONS AND CHANGES OF SUCH WORDING IN DUES
DEDUCTION, MISCELLANEOUS PAID LEAVE, SICK LEAVE, ANNUAL LEAVE, HOLIDAYS, PROMOTIONS, TRANSFERS, AND
ADJUSTMENTS AND RETIREMENT CONTRIBUTION IN TIlE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDiNO FOR AN EFFECTIVE DATE.
Council Workshop and Special Meeting
~ 5, 1999
Page Six
99.098 F.
The City Attorney read Resolution No. R-99-26 by title.
MOTION by Neuberger/Barczyk
"I move R-99-26 be approved as amended."
(There were no amendments made to this resolution)
ROLL CALL:
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
Resolution No. R-99-27 - Amendments to Florida Poli~ BenevolentAssociation.(PBP0 Contract
(Human_Re~ourees Txan~mittal 4/21/99. R-99~26. El0hibits)
ARESO~ON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE MEMORANDUMS OF
UNDERSTANDING TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN AND
THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC; PROVIDING FOR CHANGES OF SUCH ANNUAL AND
SICK ACCRUAL RATES IN THE CONTRACT AGREEMENT; 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-99-27 by title.
MOTION by Neuberger/Majcher
"I move Resolution R-99-27 be approved as amended."
(There were no amendments made to this resolution)
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
2ity Council Workshop and Special Meeting
5, 1999
Page Seven
99.103 G.
ZI01 H.
Discuss the Use of Filbert Street Prol~erty mid Direct Staff Accordingly {City Manlger Transmittal
4/22/99, MW of Property"Tract D")
MOTION by Wininger/Barczyk
"I move that we direct the City Manager to discuss with staffthe best possible procedure in
developing the park as a passive park, and as Mr. Bishop recommended items for the the young
children, etc. and for the committe, I think the City Manager to discuss with staff how we should
proceed, grants, etc. etc. and come back to us in thirty days with a recommendation."
Mr. Barczyk asked staffto look at the fence around the property. Mr. Bishop suggested meeting
attendees from the neighborhood furnish their names and numbers to the City Manager.
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 5-0
Waiye Sealed Bid Procedure and Algllol'jze Staff to Negotiate Contract IYitll Regan Masonry for
Concret~ Work for One Year (Public Work,/Pm'chasing Transmittal 4/16/99, P_llr~basing Agent
l, etted' md 3 Phone Quotes)(Deferred from 4/28/99 for Lack of Time)
Following some discussion on inspections and setting caps for each individual job, motion was made.
MOTION by Barczyk/Wininger
"I'd like to move that agenda item 99.101 be approved on the contract, negotiate a contract
with Regan Masonry for concrete work for one year and waive formal sealed bid procedures."
ROLL CALL:
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
MOTION CARRIED 5-0
7, Being no further business, Mayor Wininger adjourned the Special Meeting at 8:45 p.m.
Council Workshop and Special Meeting
~ 5, 1999
Page Eight
Approved at the ~]/~.4~/,,~/,
,1999, Regular City Council Meeting.
Mayor