HomeMy WebLinkAbout10131999SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, OCTOBER 15, 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
99.192
99. 046
99.193
Individuals will address the Cio~ Council with respect to agenda items immediately before deBberation of the item by the Ci(y Council
limit often minutes per speaker (R-99-21)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. MOMENT OF SILENCE
4. ROLL CALL
5. INVESTITURE OF NEWLY APPOINTED CITY COUNCIL MEMBER WALTER BARNES
6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon a majori(v vote of City Council members (R-99-21)
7. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS
A. Presentation of Certificates to Employees of the Second Quarter 1999
- Gerry Kubes - Building Department
- Gary Johnson - Public Works
B. Presentation by Pelican Island Garden Club (City Manager Transmittal 10/6/99, Miquelon Letter)
8. CITY ATTORNEY MATTERS
9. CITY MANAGER MATTERS
10. CITY CLERK MATTERS
11. CITY COUNCIL MATTERS
99.072
99.135
99.192
99.129
99.194
9~009
12.
13.
14.
15.
16.
Mr. Bishop
Mr. Majcher
Mayor Neuberger
1. Liaison Appointments (City Clerk Transmittal, Liaison List)
Mr. Barczyk
CONSENT AGENDA
Ail 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 unlesa a member of City Council so requests; in which even~ the item will be removed and acted upon separately.
A. Approval of Minutes - 9/22/99 Regular, 9/29/99 Workshop, 10/6/99 Special
Sebastian Area Chamber of Commerce Request for Use of Riverview Park for Concert - Use of Electricity
and Bleachers - 10/23/99 - 5 pm to 9 pm (City Clerk Transmittal 10/1/99, Bishop Letter)
C. Formal Acmeptanee of Walter Barnes' Resignation from Charter Review Committee (Letter10/7/99)
Indian River County Recreation Request for Permission for Rotary Club to Sell Concessions at Riverview
Park in Conjunction with Halloween Parade on October 30, 1999 (City Clerk Transmittal 10/7/99, Letter)
PUBLIC HEARING - None
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
Police Retirement Board of Trustees
(City Clerk Transmittal 9/28/99, 4 Applications, Advertisement, Member List)
1. Interview Applicants, Unless Waived and Appoint Two Regular Members for Two Year
Terms to Expire 10/2001
Recreation Advisory Board
(City Clerk Transmittal 9/28/99, 1 Application, Advertisement, Member List)
1. Interview Applicant, Unless Waived, and Appoint to One of Two Vacant Positions
a. Regular Member Citizen-At-Large Unexpired to Expire 12/2000; or
b. Alternate Member Term to Expire 12/2001
OLD BUSINESS - None
99.195
99.196
99.116/
98.134
99.197
9~018
9~198
'47
99,199
17.
NEW BUSINESS
Award Bid for Main Street Pier Replacement to Summerlin Seven Seas in the Amount of $41,760
(Public Works Transmittal 9/27/99, Bid Proposal)
Waive Bid and Authorize City Manager to Enter Into Contract with Clark Sales Display - 1999
Holiday Lighting Along U.S. 1 in the Amount of $3,770 (City Manager Transmittal 9/30/99)
Authorize City Manager to Execute Local Mitigation Strategy Contract Modification #2 (City
Manager Transmittal 9/30/99, Modification #2)
Waive Bid and Approve Competitive Written Quote - Award City Quarterly Newsletter Printing to
Total Print of Sebastian in the Amount of $6,258.88 and Appropriate Additional $1,620 to Meet
Quoted Postage Price (City Manager/Purchasing Transmittal 10/5/99)
Authorize City Manager to Execute Supplemental Agreement # 14 with Masteller and Moler, Inc. For
$15,050 (Engineering Transmittal 10/5/99, Supplemental Agreement # 14)
First Reading of Ordinance No. O-99-14 - Amending Technical Codes - Schedule Second Reading
and Public Hearing for 11/3/99 (Building Department Transmittal 10/3/99, 0-99-14)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES
CHAPTER 26 UPDATING TECHNICAL CODES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
First Reading of Ordinance No. O-99-15 - Alarm Control - Schedule Second Reading and Public
Hearing for 11/3/99 (Police Transmittal 10/7/99, O-99-15)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 39, ARTICLE 2,
~ SYSTEMS; PROVIDINO FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
First Reading of Ordinance No. O-99-17 - Amending City Investment Policy Provisions (Finance
Director Transmittal 10/6/99, O-99-17, Current Policy, FS 218.415)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES
CHAPTER 2 INVESTMENT POLICY PROVISIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
First Reading of Nineteen Charter Amendment Ordinances - Schedule Second Reading and Public
Hearing for 11/3/99 (City Attorney Transmittal 10/7/99_~ Ordinance Nos. 0-99-19 through 0-99-36)
1. Ordinance No. 0-99-~8 (Proposed,4mendment #1)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE I OF THE CITY
CHARTER TO PROVIDE FOR EXTENSION OF THE LIMIT ON AIRPORT LEASES FROM TWENTY (20) TO THIRTY
(30) YEARS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTEI~, PROVIDING
THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALL(Yr FOR SUCH
ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
2. Ordinance No. O-99-19 O°roposedAmendment #2)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE I OF THE CITY
CHARTER TO DELETE SECTION 1.05 TO REMOVE SPECIAL STATUS FOR NONCONFORMING USES ANNEXED
INTO THE CITY; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED;
PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE
BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
3. Ordinance No. 0-99-20 (Proposed Amendment #3)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLES II AND IV OF THE
CITY CHARTER TO PROVIDE FOR CHANGING CITY COUNCIL TERMS FROM TWO (2) YEARS TO FOUR (4)
YEARS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE
TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
4. Ordinance No. O-99-21 (PrqposedAmendment #4)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLES II AND IV OF THE
CITY CHARTER TO PROVIDE FOR EXTENSION OF DATES THAT ELECTION RESULTS ARE DECLARED AND NEW
COUNCILMEMBERS TAKE OFFICE; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE
CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM
OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
5. Ordinance No. O-99-22_(Pro. posed Amendment #59
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE II OF THE CITY
CHARTER TO PROVIDE FOR AN INCREASE TO CITY COUNCIL SALARIES; PROVIDING FOR THE MANNER IN
WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH
ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
6. Ordinance No. O-99-23 (Proposed Amendment #6~
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLES II AND III OF THE
CITY CHARTER TO PROVIDE FOR CLARIFICATION THAT MAYOR SIGNS LEGISLATIVE DOCUMENTS AND CITY
MANAGER SIGNS CONTRACTS AND OTHER BUSINESS DOCUMENTS; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTE~ PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION;
ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
7. Ordinance No. 0-99-24 (Proposed Amendment # 7)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDLrM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE II OF THE CITY
CHARTER TO PROVIDE FOR A REQUIREMENT FOR SPECIAL ELECTION TO FILL COUNCIL VACANCIES OF
GREATER THAN SIX MONTHS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE
CONDUCTED; PROVIDING THE TIM~ AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM
OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
8. Ordinanc~ No. 0-99-25 (Proposed Amendment #8)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COLrNTY, FLORIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE Ii OF THE CITY
CHARTER TO PROVIDE FOR PROCEDURES FOR REMOVAL OF CITY COUNCIL MEMBERS; PROVIDING FOR THE
MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR
HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
9. Ordinance No. 0-99-26 ~roposedAmendment #9_)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDUI..ING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE II OF THE CITY
CHARTER TO PROVIDE FOR A CHANGE IN THE MANNER OF CALLING SPECIAL MEETINGS OF COUNCIL SO ALL
COUNCILMEMBERS HAVE EQUAL STANDING; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION
SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING
THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
10. Ordinance No. 0-99-27 (Proposed/lmendment #10)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE II OF THE CITY
CHARTER TO PROVIDE FOR ALLOWING STANDING COMMITTEES GUIDELINES TO BE SET UP PURSUANT TO
ORDINANCE AS WELL AS RESOLUTION; PROVIDING FOR THE MANNER IN WH1CH SUCH ELECTION SHALL BE
CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM
OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
11. Ordinance No. O-99-28 (Proposed Amendment #11)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE III OF THE CITY
CHARTER TO PROVIDE FOR REMOVAL OF CHARTER OFFICERS WITHOUT CAUSE IF PURSUANT TO CONTRACT;
PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME
AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
12. Ordinance No. 0-99-29 (Proposed Amendment #12)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE III OF THE CiTY
CHARTER TO PROVIDE FOR SETTING STANDARDS FOR VOTE TO CHARGE CHARTER OFFICERS WITH CAUSE
FOR REMOVAL; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED;
PROVIDING THE TiME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE
BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
13. Ordinance No. 0-99-30 (Pro_posed Amendment #13)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDLrLINO AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE III OF THE CITY
CHARTER TO PROVIDE FOR ADOPTION OF THE CITY BUDGET AND MILLAGE BY RESOLUTION; PROVIDING
FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES
FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
5
new
18.
14. Ordinonc~ No, 0-99-31 trProposed Amendment #16)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FI_DRIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY
CHARTER TO PROVIDE FOR ADOPTING ELECTION FILING FEES AS SET BY LAW; PROVIDING FOR THE
MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR
HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
15. Ordinance No~ 0-99-32 (Pro, posed Amendment #17)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY
CHARTER TO PROVIDE FOR INCLUDING THE CITY ATrORNEY AS A MEMBER OF THE CITY CANVASSING
BOARD; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF
THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
16. Ordinance No. 0-99-33 (Proposed Amendment #18)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY
CHARTER TO PROVIDE FOR A RUN-OFF TO DECIDE TIES FOR COUNCIL ELECTIONS INSTEAD OF DRAWING
LOTS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE
TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
17. Ordinance No. 0-99-34 (Proposed~imendment #19)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CiTY
CHARTER TO PROVIDE FOR VIOLATION OF STATE ELECTION CODE AS A BASIS FOR DISQUALIFICATION AND
PROVIDING PROCEDURES FOR SUCH ACTION; PROVIDING FOR THE MANNER 1N WHICH SUCH ELECTION
SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLiSttING
THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
18. Ordinance No. O-99-35 (Proposed Amendment #20)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY
CHARTER TO PROVIDE THAT THE CITY MANAGER AND THEN THE CITY ATTORNEY SHALL SUCCEED THE
CITY CLERK IN APPOINTING iNTERIM GOVERNMENT, RATHER THAN THE MAYOR AND POLICE CHIEF
MAKING SUCH APPOINTMENTS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE
CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM
OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
19. Ordinance No. O-99-36 (Proposed dmendment #21)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION
TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE VI OF THE CITY
CHARTER TO DELETE OBSOLETE PROVISIONS FOR TRANSITION TO CURRENT CHARTER; PROVIDING FOR
THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR
HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
City Council Pending List (City Manager Memo and List)
ADJOURN (All meetings shall adjourn at l O: 30 p.m. unless extended for up to one half hour by a majoriO, vote of City
Council)
6
ANY PERSON WllO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED
T THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THATA VERBAT1M
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR
THIS MEETING SHOULD CONTACT THE CITY $ ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for ail Government Meetings.
Llpeomin. g Meetings:
Regular Meeting - Wednesday, 10/27/99 - 7pm
Regular Meeting - Wednesday, 11/3/99 - 7pm
Regular Meeting. Wednesday, 11/17/99- 7pm
Regular Meeting - Wednesday, 12/1/99 - 7pm
Regular Meeting - Wednesday, 12/15/99- 7pm
7
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SiGN-UP SHEET
"New Business" as used herein, is defined as an item that has occurred
or was discovered within the previous six months
OCTOBER 13, 1999 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE
PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER
Sanoject: ~/£7~ ~/
Name:
Subject:
Name:
Subject:
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, OCTOBER 13, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Neuberger called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
There was a moment of silence
BOLL CALL
City Council Pres?at;
Mayor Chuck Neuberger
Mr. Joe Barczyk
Mr. Ben A. Bishop
Mr. Edward J. Majcher, Jr.
Staff Present:
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Finance Director, Mark Mason
Building Director, George Bonacci
Police Chief, Randy White
City Engineer, Martha Campbell
Rar City Council Meeting
13, 1999
Page Two
99.192 5.
9~046
99.193
INVESTiT.L~E OF NEWLY APPOINTED CITY CQ.UNCIL MEMBER WALTER
I AKNES
Mr. Barnes was sworn in by the City Clerk and took his place on the dais.
AGENDA MODIFICATIONS (3DDLTION~ AND/OR DELETIONS)
Items not on the written agenda may be added only upon a majority vote of City Council members (Ro99-21)
Mayor Neuberger recommended adding the removal of the water restriction to the agenda.
Following some discussion, it was the consensus of City Council to direct thc City Manager to
ascertain current aquifer levels and place the item on the next agenda.
PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
A. Presentation of ~grtificates to Employees of the Second Ouo, rtvr |999
- Gerry Kubes - Building Department
- Gary Johnson - Public Works
Mayor Neuberger read brief bios and presented plaques to Gerry Kubes and Gary Johnson.
B. Presentation by PelicanJol0zt~l Garden Club (City Manager Tr~roittal 10/6/99, Miquelon
Trudy Hirtling, President of the Garden Club, gave a brief presentation to City Council about Garden
Club Park and its plans to build a gazebo, and requested that electricity be made available in the
park.
Mayor Neuberger offered to donate his services for the electrical work.
CITY ATYORNEY MATTER~
· Said he had sent the letter to the Attorney General regarding real estate licenses.
CITY MANAGER MATTERS
· Reported on the Indian River County agreement for allocation of $200,000 for the Good
Guys property, which will be on the Tuesday commission agenda and will come to Council
in the near future
° Reported that US Fish and Wildlife will attend the 10/27/99 meeting to discuss a scrub
mitigation agreement
2
4lllliR¢~ City Council Meeting
~tober 13, 1999
Page Three
10. CITY CLERK MATTERS
Nonc
11. CITY COUNCIL MATTISRS
A. Mr. Bishqp
None.
B. Mr. Majcher
99. 072
Inquired about repair of Schumann lights, and proposed city entrance signs.
The City Manager responded to both inquiries with updates, noting light repairs will be
addressed soon and a proposal from a local sign shop will be presented at a future meeting.
C. Mayor Ne~:~erger
1. Liaison Al~llointment~ (.CitY Clerk Transmittal. Liaison LisO
Mr. Barnes said he would be happy to assume all of the vacant positions.
Otl~r Mayor Matters
· Inquired about Schumann Drainage, and the City Manager said the project is drawing to a
close.
· Challenged residents to participate in the Keep Indian River Beautiful clean up day on
November 6, 1999. Mr. Barnes gave a brief update and noted that announcements will be
made as to where bags can be obtained in the Sebastian area.
D. Mr. Barczyk
· Inquired about the status of the Riverfront zoning ordinance, and recommended the City
Attorney and City Manager proceed as previously directed by Council. The City Manager
concurred.
E. Mr. Barnes
· Suggested the Land Development Code and zoning revisions be completed before the next
election.
· Discussed an article regarding a consultant for a master drainage plan and inquired why
another study is being considered. The City Manager said the new study will be an update
and that he will come to Council for direction on an action plan.
° Thanked his grandchildren for their participation in his investiture.
3
llliRegular City Council Meeting
~tober 13, 1999
Page Four
99.155
99.192
9~129
12.
13.
14.
CONSENT AGI~NDA
,411 items on the con~ent agenda are considered routine and will be enacted by one motion. There will be no separate
discussion of consent agenda items unless a member of CRy Council so requests; in which even~ the item will be removed
and acted upon separately.
A. Approval of Minutes - 9/22/99 Regular, 9/29/99 Workshop, 10/6/99 Special
Sebastian Area Chamber of Commerce Request for Use of Riverview Park for Concert - Use
of Electricity and Bleachers - 10/23/99 - 5 pm to 9 pm (City Clerk Transmittal 10/1/99,
Bishop Letter)
Formal Acceptance of Walter Barnes - Resignation from Charter Review Committee (Letter
10/7/99)
Indian River County Recreation Request for Permission for Rotary Club to Sell Concessions
at Riverview Park in Conjunction with Halloween Parade on October 30, 1999 (City Clerk
Transmittal 10/7/99, Letter)
The City Manager read the consent agenda.
MOTION by Bishop/Barnes
"I would move to approve consent items A, B, C and D."
ROLL CALL:
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye '
Mr. Majcher - aye
MOTION CARRIED 5-0
PUBLIC HEARING - None
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
Philip Kautzman, Haverford Lane, Sebastian, read a letter regarding establishment of no through
truck traffic ordinance (see attached)
Ruth Sullivan, Indian River Drive, Sebastian, requested a status on the proposed Skateboard Park.
The City Manager said a FRDAP grant application has been submitted, a site plan developed, and
$80,000 allocated in the budget.
4
Regular City Council Meeting
October 13, 1999
Five
15. COMMITTEE REPORTS/RECOMMENDATIONS
99.1~4
police Retirement Board 0f Trustees
(City Clerk Transmittal 9/28/99, 4 Applications, Advertisement, Member List)
1. Interview Applicants, Unless Waived and Appoint Two Regular Members for Two
Year Terms to Expire 10/2001
MOTION by Neuberger/Bishop
"I would like to make a motion to renominate Marilyn Waldis and Kathleen
Brauer."
VOICE VOTE on the motion earned 5-0.
99.009
Recreation Advisory Bo. ttr~l
(City Clerk Transmittal 9/28/99, 1 Application, Advertisement, Member Lis0
1. Interview Applicant, Unless Waived, and Appoint to One of Two Vacant Positions
a. Regular Member Citizen-At-Large Unexpired to Expire 12/2000; or
b. Alternate Member Term to Expire 12/2001
MOTION by Bames/Majcher
"I make a motion to appoint Donald Scott to the Regular Member Citizen-at-Large
position."
VOICE VOTE on the motion carried 5-0.
16. OLD BiJ~INgSS - None
17. NEW BUSINESS
99.19.5 A.
/3ward Bid for Main Street Pier Re, placement to $mllmerlin Seven Seas in the Amount of
$41,760 (Public Works Tral~llljBal p./27/99, Bid Proposal)
TAPE I- SIDE II (7:47p.m.)
The City Manager gave a brief staff summation.
The City Manager noted that Dockside Builders bid was incomplete and higher.
MOTION by Bames/Neuberger
"I'll make a motion to award the bid for Main Street pier to Summerlin Seven
Seas."
ROLL CALL: Mr. Bishop - aye
Mr. Majcher - aye
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
a~tegular City Council Meeting
~lDctober 13, 1999
Page Six
99.196 B.
Waive Bid and Al~thorize City Manager to Enter Into Contract with ClarK~01~S Display -
1999 Holiday Lighting Along U.S. 1 in the Amot~t of $3,770 (City Manager Transmittal
9/30/99)
Discussion took place on decorations for other areas of the city. The City Manager said he would
come back with a report at the next meeting.
MOTION by Majcher/Bishop
"I make a motion to waive bid and authorize City Manager to enter into a contract with
Clark Sales Display, 1999 holiday lighting along U.S. 1 in the amount of $3,770.00."
ROLL CALL:
Mr. Majcher - aye
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
99.116/ C.
Authorize Cil~, Manager to Execut~ lax:al Mitigation Strategy Contract Modificalioll #2
(City 3~l~ager Transmittal 9/30/99, Modification #23
MOTION by Barnes/Barczyk
"I make a motion to authorize the City Manager to execute the Local Mitigation Strategy
Contract Modification #2."
ROLL CALL:
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
99.197 D.
Waive Bid and Approve Competitive Written Quote - Awarit City Quarterly Newsletter
Printing to Total Prirl[ of Sebastian in the Amount of $6=~58.88 and Appropriate Additional
$1,620 to Meet Quoted Postage Price (Cil~ Manager/Purchasing Transmittal 10/5/99)
The City Manager gave a brief report on the newsletter.
~t~ear City Council Meeting
r 13, 1999
Page Seven
MOTION by Barczyk/Majcher
"I move to waive the City's formalized bidding procextures for the procurement of the City's
Quarterly Newsletter Printing, approve the Competitive Written Quote for Proposal and award the
City's Quarterly Newsletter printing to Total Print of Sebastian, in the total amount of $6,258.88 and
appropriate an additional $1,260.00 to meet the quoted price."
The Finanee Director said the $1,260 will come from non-departmental.
ROLL CALL:
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Neuberger - aye
MOTION CARRIED 5.0
99.018
Authorize Cily Mallager to Execute Supplemental Agreement # 14 with Masteller and Moler,
Inc. for $15,050 (~ngill~ering Transmittal 10/5/99, S~lpplemental Agreement # 1
The City Engineer responded to concerns expressed by Mayor Neuberger, regarding use of Masteller
& Moler for inspections, noting they will be working under her supervision.
MOTION by Bishop/Barczyk
"I'd move to authorize the City Manager to execute Supplemental Agreement # 14 with
Masteller & Moler, Inc. for $15,050."
ROLL CALL:
Mt. Barnes - aye
Mr. Bishop -aye
Mr. M~cher -aye
MayorNeuberger -aye
Mr. Barczyk -aye
MOTION CARRIED 5-0
99.198
First ReMitlg of Ordinance No. O-9[}- 14 - Amending Te~hnictll Codes - Schedule Secoll~l
Readitlg Oll~l Public Heating for_l 1/3/99 (Building Departmellt Transmittal 10/3/99, 0-99-
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES
CHAPTER 26 UPDATING TECHNICAL CODES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDINO
FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-99-14 for the first time by title only.
7
bear City Council Meeting
r 13, 1999
Page Eight
The Building Director said there is an effort to establish a state-wide building code, which he said in
his opinion would be a step backward.
MOTION by Neuberger/Barczyk
"I move to approve the first reading (of Ordinance No. O-99-14) and set the public hearing
for November 3, 1999."
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
99.147 O.
First Reading ofO. rdiilance No. 0-99-15 - Alarm ~2ol~trol - Schedule Second Rl~ttdiag and Public
Hearhlg for 11/3/99 {Police Transmittal 10/7/99, 0-99-15)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 39, ARTICLE 2,
ALARM SYSTEMS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiLITY; PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-99-15 for the first time by title only.
The following individuals objected to the $30 annual fee.
Alida Hirshfeld
Fred Koford
Louise Kautenberg
Phil Kautzman
Robert Kamaris
Greg Rimaldi
Dianne Woodward
Mr. Hirshfeld
Jeanne ??
TAPE II- SIDE I (8:33 p.m.)
Discussion followed regarding the importance of updating user information annually, reducing the
$30 fcc to the current $10, and grandfathering anyone currently registered.
wgulberar City Council Meeting
13, 1999
Page Nine
MOTION by Bames/Neuberger
"I'11 make a motion to approve the fu'st reading of Ordinance O-99-15 alarm control, as
amended, the amendments being the removal of the fees for renewal, the $30 fee changed to $10, and
schedule the second reading and public hearing for 11/3/99."
The City Attorney received clarification that the annual renewal fee will be charged if someone has a
false alarm, and that apartment complex fees will remain as written.
ROLLCALL:
Mr. Majcher - aye
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
99.199
Mayor Neuberger called recess at 9:05 pm and reconvened at 9:15 p.m. All members were present.
First Readiagof Ordinag~ No. 0-99-17 - Amending Cil~ Invesl~;l?~t Policy Provisions
(Finance Director Tl'~nsmittal 10/6/99, 0-99-17, Current P9!i~, FS 218.415)
AN ORDINANCE OF THE crrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES
CHAPTER 2 INVESTMENT POLICY PROVISIONS; PROVIDINO FOR CONFLICTS; PROVIDING FOR SEVERABIL1TY;
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-99-17 for the fa'st time by title only.
The Finance Director gave a brief staff summation.
MOTION by Bames/Majcher
'TII make a motion to approve Ordinance O-99-17 amending the city investment policy."
(Public Hearing 11/3/99)
ROLL CALL:
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
l~Regular City Council Meeting
~tober 13, 1999
Page Ten
99. O65 I.
First Reading of Nineteen Charter Atllol~lrnent Ordinances - Schedule Second ll,9tlding and
Public Hearfllg for 11/3/~9 (Cil;y Attorney Transmittal 10/7/99. Qrdinance Nos. O-99-18
tl~rough O-99-36)
Ordinance No. 0-99-18 (Proposed Amendment
AN ORDiNANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO
SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE I OF THE CITY CHARTER TO
PROVIDE FOR EXTENSION OF THE LIMIT ON AIRPORT LEASES FROM TWENTY (20) TO THIRTY (30) YEARS; PROVIDiNO
FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDiNG THE TIME AND PLACES FOR
HOLDING SUCH ~ON; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDiNG FOR AN
EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-99.18 for the fu'st time by title only.
MOTION by Barncs/Barczyk
"I'll make a motion to approve Ordinance O-99-18." (Public Hearing 11/3/99)
ROLL CALL:
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Neuberger - aye
MOTION CARRIED 5-0
2. Ordinance No, 0-99-19 (ProposedAme~ndmellt #2.)
AN ORDiNANCE OF THE CiTY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, SCHEDULiNG AN ELECTION TO
SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE I OF THE CITY CHARTER TO
DELETE SECTION 1.05 TO REMOVE SPECIAL STATUS FOR NONCONFORMING USES ANNEXED INTO THE CITY;
PROVIDING FOR THE MANNER IN WHICH SUCH E~ON SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES
FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-99-19 for the first time by title only.
MOTION by Barczyk/Bamcs
"I movc that Ordinance 0-99-19 bc approved." (Public Hearing 11/3/99)
ROLL CALL:
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
10
~t~ar City Council Meeting
13, 1999
Page Eleven
Mr. Bishop suggested that the two Committee recommended amendments (14 and 15) be added back
in at some point.
3. Ordinance NO, O-99-20 (Proposed Amendment t43)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO
SUBMIT A REFERENDUM ISSUE TO THE ELECTOP,.ATE IN ORDER TO AMEND ARTICLES II AND IV OF THE CITY CHARTER
TO PROVIDE FOR CHANGING CITY COUNCIL TERMS FROM TWO (2) YEARS TO FOUR (4) YEARS; PROVIDING FOR THE
MANNER IN WHICH SUCH ~ON SHALL BE CONDUCTED; PROVIDINO THE TIME AND PLACES FOR HOLDINO SUCH
ELECTION; ESTABLISHINO THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
The City Attorney read Ordinance No. 0-99-20 for the first time by title only.
MOTION by Majcher/Barczyk
"I move to approve Ordinance No. 0-99-20." (Public Hearing 11/3/99)
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Neuberger - nay
Mr. Barczyk - aye
Mr. Barnes - aye
MOTION CARRIED 4-1 (Neuberger - nay)
4, Ordinance NOL O-99-21 (Proposed Amendment #4.)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULINO AN ELECTION TO
SUBMIT A REFERENIXJM ISSUE TO THE EIaECrORATE IN ORDER TO AMEND ARTICLES II AND IV OF THE CITY CHARTER
TO PROVIDE FOR EX'I~NSION OF DATES THAT ELECTION RES~ ARE DECLARED AND NEW COUNCILMEMBERS TAKE
OFFICE; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND
PLACES FOR HOLDIN(} SUCH ELECTION; ESTABLISHIN(} THE FORM OF THE BALLOT FOR SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-99-21 for the tn'st time by title only.
MOTION by Barnes/Bishop
'TII make a motion to approve Ordinance O-99-21." (Public Hearing 11/3/99)
ROLL CALL:
Mr. Majcher - nay
Mayor Neuberger - nay
Mr. Barczyk - nay
Mr. Barnes - nay
Mr. Bishop - aye
MOTION FAILED 1-4 (Majcher, Neuberger, Barczyk, Barnes - nay)
11
ar City Council Meeting
13, 1999
Page Twelve
5. Ordinance blo. 0-99-22 (Propo~¢dAmendment #5)
AN ORDiNANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO
SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE iN ORDER TO AMEND ARTICLE II OF THE CITY CHARTER TO
PROVIDE FOR AN iNCREASE TO CITY COUNCIL SALARIES; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION
SHALL BE CONDUCrEI~, PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHiNG THE FORM
OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attormy read Ordinance No. O-99-22 for the first time by title only.
MOTION by Barnes/Bishop
"I'11 make a motion to approve the Ordinance O-99-22." (Public Hearing 11/3/99)
ROLLCALL:
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
TAPE H - SIDE H (P:3O p. m.)
6. ~dinance No. O-99_z23 (Proposed Amendment #6)
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, SCHEDULiNG AN ELECTION TO
SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLES II AND III OF THE CITY CHARTER
TO PROVIDE FOR CLARIFICATION THAT MAYOR SIGNS LEGISLATIVE DOCUMENTS AND CITY MANAGER SIGNS
CONTRACTS AND OTHER BUSINESS DOCUMENTS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL
BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDiNG SUCH ELECTION; ESTABLISHING THE FORM OF
THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-99-23 for the fa'st time by title only.
MOTION by Majcher/Bames
"I move to approve Ordinance No. O-99-23."
ROLLCALL:
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Neuberger - aye
MOTION CARRIED 5-0
12
)ar City Council Meeting
r 13, 1999
Page Thirteen
7. Ordinance No. O-99-2 41Tro_pp~ed Amendment # 7)
AN ORDiNANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO
SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE II OF THE crrY CHARTER TO
PROVIDE FOR A REQUIREMENT FOR SPECIAL ELECTION TO FILL COUNCIL VACANCIES OF GREATER THAN SIX
MONTHS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME
AND PLACF3 FOR HOLDiNG SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND
PROVIDINO FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-99-24 for the fu-st time by title only.
Mr. Barnes recommended language that if less than six months remains, Council not go back to a
previous election for an appointee but that the recently used nomination procedure be used.
MOTION by Neuberger/Majcher
"i make a motion to approve Ordinance O-99-24." (Public Hearing 11/3/99)
MOTION by Bames/Neubergcr
"In place of using last election results, Council shall usc the procedure previously used in
October 1999."
ROLL CALL:
Mr. Bishop - nay
Mr. Majcher - aye
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
MOTION CARRIED 4-1 (Bishop - nay)
ROLL CALL:
Mr. Barnes - aye
Mr. Bishop - nay
Mr. Majcher - aye
Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 4-1 (Bishop - nay)
8. Ordinance No. 0-99-25 (t'ro, oose~Amertdment #8)
AN ORDiNANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, SCHEDULiNG AN ELECTION TO
SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE II OF THE CITY CHARTER TO
PROVIDE FOR PROCEDURES FOR REMOVAL OF CITY COUNCIL MEMBERS; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDINO THE TIME AND PLACES FOR HOLDING SUCH ELECTION;
ESTABLISHING THE FORM OF THE BALLOT FOR SUCtl ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-99-25 for the first time by title only,
13
~gular City Council Meeting
l~Oetober 13, 1999
Page Fourteen
MOTION by Bishop/Barnes
"I would move to approve Ordinance 99-25." (Public Heating 11/3/99)
Ruth Sullivan objected to Council judging its peers.
ROLL CALL:
Mr. Majcher - aye
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
9. Ordi~illl~ No. 0-99-26 (ProposedAmcndment #9)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORiDA, SCHEDULING AN ELECTION TO
SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE II OF THE CITY CHARTER TO
PROVIDE FOR A CHANGE IN THE MANNER OF CALLING SPECIAL MEETINGS OF COUNCIL SO ALL COUNCILMEMBERS
HAVE EQUAL STANDING; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED;
PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR
SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-99-26 for the first time by title only.
MOTION by Majcher/Bishop
"I move to approve Ordinance No. 0-99-27 (O-99-26)." (Public Heating 11/3/99)
ROLL CALL:
Mr. Majcher - aye
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
10. Ordinance ~lo, 0-99-27 yrolJosedAmendment #10)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO
SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE II OF THE CITY CHARTER TO
PROVIDE FOR ALLOWING STANDING COMMITrEES GUIDELINES TO BE SET UP PURSUANT TO ORDINANCE AS WELL
AS RESOLLrHON; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE
TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-99-27 for the fa'st time by title only.
14
)g~berar City Council Me~ting
13, 1999
Page FiReen
MOTION by Bishop/Barczyk
"I move to approve Ordinance O-99-27." (Public Hearing 11/3/99)
ROLLCALL:
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majchcr - aye
Mayor Ncubcrger - aye
MOTION CARRIED 5-0
11. Ordinance No. 0-99-28 (Prol~osedAmend~¢~l(
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO
SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE III OF THE CITY CHARTER TO
PROVIDE FOR REMOVAL OF CHARTER OFFICERS WITHOUT CAUSE IF PURSUANT TO CONTRACT; PROVIDINO FOR THE
MANNER IN W1tlCH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH
ELECTION; ESTABLiSHINO THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVID1NO FOR AN EFFECTIVE
DATE.
The City Attorney read Ordinance No. 0-99-28 for the first time by title only.
Ruth Sullivan objected to this ordinance.
MOTION by Bishop/Barnes
"I would move to approve Ordinance O-99-28." (Public Heating 11/3/99)
ROLL CALL:
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 4-0
12. Ordinance No. O-99-29 (Propo~dAmendment #12)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO
SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE iN ORDER TO AMEND ARTICLE III OF THE CITY CHARTER TO
PROVIDE FOR SETTING STANDARDS FOR VOTE TO CHARGE CHARTER OFFICERS WITH CAUSE FOR REMOVAL;
PROVIDING FOR THE MANNER IN WHICH SUCH ELEC~ON SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES
FOR HOLDING SUCH E~N; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-99-29 for the first time by title only.
15
cgular City Council Meeting
tober 13, 1999
Page Sixteen
MOTION by Bames/Majcher
"I make a motion to approve Ordinance O-99-29." (Public Hearing 11/3/99)
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
13. Ordinan~, No. 0-99-30 (Proposed Amendment #13.J
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO
SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE III OF THE CITY CHARTER TO
PROVIDE FOR ADOPTION OF THE CITY BUDGET AND MILLAGE BY RESOLUTION; PROVIDING FOR THE MANNER IN
WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION;
ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-99-30 for the first time by title only.
MOTION by Barczyk/Majcher
"I move that Ordinance No. O-99-30, proposed amendment 13 be approved."
ROLL CALL:
Mr. Majcher - aye
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
14. Ordinance 1~0~ 0-99-31 (Proposed Amendment #10
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORiDA,
SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE
IV OF THE CITY CHARTER TO PROVIDE FOR ADOPTING ELECTION FILING FEES AS SET BY LAW; PROVIDING FOR THE
MANNER IN WHICH SUCH E~ON SttALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH
ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
The City Attorney read Ordinance No. O-99-31 for the fu'st time by title only.
16
gular City Council Meeting
tober 13, 1999
Page Seventeen
MOTION by Bames/Barczyk
"I make a motion to approve Ordinance No. O-99-31." (Public Hearing 11/3/99)
ROLL CALL:
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
15. Ordinarl~ No. 0-99-32 ~roposedAmendmenl #l 7)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO
SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO
PROVIDE FOR INCLUDING THE CITY ATTORNEY A,S A MEMBER OF THE CITY CANVASSING BOARD; PROVIDING THE
TIME AND PLACE8 FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-99-32 for the first time by title only.
MOTION by Bames/Majcher
"I'll make a motion to approve Ordinance No. 0-99-32." (Public Hearing 11/3/99)
ROLL CALL:
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Neuberger - aye
MOTION CARRIED 5-0
16. Ordinance Ng, 0-99-33 (Proposed Amendment #18)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. SCHEDULING AN ELECTION TO
SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO
PROVIDE FOR A RUN-OFF TO DECIDE TIES FOR COUNCIL ELECTIONS INSTEAD OF DRAWING LOTS; PROVIDING FOR
THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING
SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
The City Attorney read Ordinance No. O-99-33 for the first time by title only.
17
~t~ar City Council Meeting
13, 1999
Page Eighteen
MOTION by Bishop/Barczyk
"I move to approve Ordinance O-99-33." (Public Hearing 11/3/99)
ROLL CALL:
Mr, Barnes - aye
Mr. Bishop - aye
Mr, Majcher - aye
Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
17. Ordinaa~ NO, 0-99-34 (Proposed Amendment #19)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO
SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO
PROVIDE FOR ViOLATION OF STATE ELECTION CODE AS A BASIS FOR DISQUALIFICATION AND PROVIDING
PROCEDURES FOR SUCH ACTiON; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED;
PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR
SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-99-34 for the first time by title only.
Ruth Sullivan objected to this ordinance, citing that any violation of state election code could he used
as a basis.
The City Attorney said thc intent of the Committee was to correct thc existing language, and
recommended that Chapter 104 of the Florida Statutes could be specifically identified in the
ordinance with Florida Elections Code in parentheses.
MOTION by Barczyk/Majcher
"I make a motion we adopt Ordinance No. 0-99-34 to include the amendment that the words
Florida Statues Chapter 104 and in parentheses Florida Elections Code."
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Neuherger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
MOTION CARRIED 5-0
18
ptlar City Council Meeting
toher 13, 1999
Page Nineteen
18. Ordinance ~Io. O-99-$5 (Pro. po~edAmendment #20)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& SCHEDULING AN ELECTION TO
SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO
PROVIDE THAT THE CITY MANAGER AND THEN THE CITY ATTORNEY SHALL SUCCEED THE CiTY CLERK iN
APPOINTINC} INTERIM GOVERNMENT, RATHER THAN THE MAYOR AND POLICE CHIEF MAKINO SUCH
APPOINTMENTS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING
THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH
ELECTION; AND PROVIDINO FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-99-35 for the first time by title only.
MOTION by Barnes/Bishop
"I'11 move to approve Ordinance O-99-35." (Public Hearing 11/3/99)
ROLL CALL:
Mr. Majcher - aye
Mayor Neuherger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
19. Ordin~c~ No. O-99-36 (Proposed Amendment #210
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO
SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE VI OF THE CITY CHARTER TO
DELETE OBSOLETE PROVISIONS FOR TRANSITION TO CURRENT CHARTER; PROVIDING FOR THE MANNER IN WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION;
ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-99-36 for the first time by title only.
MOTION by Bames/Barczyk
'TiI make a motion to approve Ordinance O-99-36." (Public Hearing 11/3/99)
ROLLCALL:
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
ii,Regular City Council Meeting
~t3ctober 13, 1999
Page Twenty
T/IPE HI - SIDE I (1 O: 18
18.
Mr. Bishop again requested that amendments 14 and 15 be readdressed. It was the consensus of
Council that they not be brought back.
City Council Penditlg List (City M~agCr Memo ~nd Lis0
Discussion took place on pending agenda items.
The City Clerk explained thc purposc of thc list as a tool to track agenda items. The City Manager
said his memo was intended as an update to Council.
Officer Steve Marcinik, representing PBA, thanked City Council for its efforts on employee health
benefits.
Being no further business, Mayor Neuberger adjourned the Regular Meeting at 10:25 p.m.
Kafluyn MX)'Halloran, CMC/AAE
City Clerk
,1999, Regular City Council Meeting.
20
SEBASTIAN CITY STREETS
Our beautiful ,bucolic, fishing community does not need and its streets were not
made fbr heavy tracks and equipment. Roseland Rd. (CR 505),Wabasso Rd. (CR 510)
and Fellsmere Rd. (CR512), are capable of carrying the heavy equipment and trucks safely
around our residential neighborhoods. Barber St., Schuman Dr., Lanconia St., Periwinkle
St., Main St. (west of the post office), and Easy St. are a few of the many short cuts taken
through our city streets. The streets cited have no business districts that would require
heavy tracking, and have day-care centers, playgrounds, schools and churches on these
same streets. A recommendation that, other than Main St. fi.om US 1 to the post office,
CR505 (Roseland Rd.), CR510 Wabasso Rd. and CR512 (Fellsmere Rd.), all other streets
become "NO THROUGH TRUCKING'. An ordinance should be passed by our city
council and be enforced by all law enforcement agencies operating within our city limits.
To enforce this ordinance would require some help fi.om Indian River County. A
sign warning of the "no through trucking ahead" would need to be erected on the comer
of CR510 and CR615. Some of the city streets have signs posted where the residents of
a street or area have already made the request. The idea is valid and its time has come.
The city council with the aid of city management and the city peace officers can
author and enact a 'NO THROUGH TRUCKING' ordinance for our beautiful
city.
An ordinance of this nature will make pedestrians safer and keep our property
values from dropping.
A concerned citizen
Philip J. Kautzman
1526 Haverford Lane
in the beautiful city of SEBASTIAN
S.I.~t~t£S X&ID NVI£S¥1t~IS