HomeMy WebLinkAbout11031999 SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, NOVEMBER 3, 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 CiO~ Council with respect to agenda items immediately before deliberation of the item by the CiO~ Council -
limit often minutes per speaker (R-99-21)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Jim Wingate - Cornerstone Baptist Church
4. ROLL CALL
5. AGENDA MODIFICATI~)..N~ {ADDITIQfl~ AI~)/OR Di~LI~TIONS)
Items not on the written agenda may be added onlY upon a majorio' vote of CiO, Council members (R-99-21)
6. I~ROCLAMATIOI~S. ANNOUNC~M.~NTS AI~/QR PRE~E~I~ATION~
I A. Proclamation -'Wayne Brubaker and Phelp's Garage & Towing - Recognition of Service to
Community During Hurricane Irene
3 B. Proclamation - November National Hospice Month - Visiting Nurse Association and Hospice - Carol
Kanarek Accepting
99,082 C. Presentation by St. Johns River Water Management District Re: Water Levels (No Backup)
7. CITY ATTORNEY MATTERS
8. CITy MANAGER MATTERS
9. CITy C.~I~RK MATTERS
5-14
99.208
15-19
99.198
21-24
99.147
25-44
99.199
45-56
10.
11.
12.
CITY COUNCIL MATTERS
A. Mayor Neuberger
B. Mr. Barczyk
C. Mr. Barnes
D. Mr. Bishop
E. Mr. Majcher
CONSENT AGENDA
All item~ on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of
cansent agenda items ~ a m~nber of CiO, Council so requests; in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 10/27/99 Regular Meeting
Prior Approval for Reimbursement of Expenses for Mayor Neuberger to Attend 39th Annual Florida
League of Cities Conference in Orlando November 18-19, 1999 in Accordance with State Limits
(City Clerk Transmittal 10/25/99, Conference Info)
PUBLIC HEARINGS
Procedures for public hearings: (R-99-21)
· Mayor Openz Hearing
· Attorney Reads Ordinance or Resolution
o StaffPresentation
· Public Input - Limit often Minutes Per Speaker
° StaffSummation
· Mayor Closes Hearing
· CouncilAction
Anyone Wishing to Speak is Aaked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for
the Record
Ordinance No. O-99-14 - Amendi~lg Tecllllica! Codes (Building Department Transmittal 10/27/99,
O-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.
Ordirlance No. O-99-15 - Alarm Control (Police Troll~mittal 10/28/99, ADT Letter, Revised
O-99-15)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID& AMENDiNG CHAPTER 39, ARTICLE 2,
ALARM SYSTEMS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Ordinance No. O-99-17 - Alll,ndirlg CitY Investment Policy Provisionz_(,Finance Dir0ctor
Transmittal 10/26/99. 0-99- ! 7)
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.
99. 065
~harter AmenlllIlgl~[ Or~lit~ances (Cily Attorney Transmittal 10/26/99, Ordinance Nos. 0-99-18
lJu'ough 0-99-36 (~ludirtg 0-99-2! Which Failed at First Reading)
1, Or~II~;¢ NO~ 0-99-18 - Airport Leases
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 CONDUCTED; PROVIDING THE TIME AND PLACES FOR
HOLDING SUCH ELECHON; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
2. Ordinance No. 0-99-19 - R~l~v¢ Special Status for Non-Conforming Uses Annexed
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 1.0J 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. O-99-20 - Council Terms
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. 0-99-22 - Council Salaries
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 CONDUCTEI~, PROVIDING TIlE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM
OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
5. Ordia~ce No. 0-99-23 - Signature of Documents
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO
SUBMIT A REFERENIRIM 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.
6. O. rdino~ No. O-99-24 - Filling Council Vacancies (as Revised from First Read~ng)
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 PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
7. Ordinanc~ No. O-99-25 - Procedures for ReIRoYal of Council Members
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; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION;
ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
8. Ordinance No. O-99-26 - Calling Sl~e¢ial Council M~ting$
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 COUNCILMEMBER8
HAVE EQUAL STANDING; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTEIY,
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. Ordmanee No~ 0-99-27 - Establish Committee Guidelines by Resolution & Ordinance
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 gWSOLs, rr~N; PROVinG FOR THE MA~rSER 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. 0-99-28 - Removiag Charter Officers Without Cause
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. '
11. Ordinance No. O-99-29 - Standards to Remove Charter Officers foe Cause
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 ELEC~ON; ESTABLISHING THE FORM OF THE BAL3LLYr FOR SUCH ELECTION; AND PROVIDING FOR
AN EFFECTIVE DATE,
12. Ordin~co Mo. 0-99-30 - Adopt Millage and Budget by Resolution
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 BUIX~ET 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.
13. Ordinance No. O-9~9-31 - Adopt Election Filing Fees as Set by.Law
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
ELEC~ON SHAI~ BE CONDUCTEI~, PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING
THE FORM OF THE 'BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
14. Ordinance No. 0-99-32 - Include City Attorney as Canvassing Board Member
AN ORDINANCE 0F 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 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.
4
99.196
131
13.
14.
15.
15.
Ordinance No. O-99-33 - Run-offto Decide Election Ties
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.
16.
Ordinance No. O-99-34 - Violation of $1~ate Election Code Basis for Disqualification (as
Revised from First Reading)
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 CONDUCTEIY,
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. Ordinanc~ No. Q-99-35 - Appoin. ting.In~rim Qov~uull~nt
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.
18. Ordinanc~ No. 0-99-36 - Deleting Obsolete Provisions
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 OBSO~ 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.
INTRODUCTION OF'NEW BUSINESS FROM THE PUBL](~
Item that has occurred or was'discovered within the previous six months which is not otherwise on the agenda - sign-up
required - limit often minute{for each speaker
COMMITTEE REPORTS/RECOMMENDATiONS
OLD BUSINESS
i.
A. Holiday Lighting Along Riverfront - Appropriate Additional $2,290 for Clark Sales Display, Inc.
(Purchasing Transmittal 10/28/99)
NEW Ul lhrl $
133-141
Purchase of Replacement Police Vehicles - Six 2000 Crown Victoria Pursuit Patrol Cars
Pursuant to Florida Sheriffs Assocation/Florida Association of Counties Statewide Bid #99-07.
0913 Specification #1 - Duval Ford - Jacksonville - $22,403 Each for a Total of $134,418 (Polic~
Dept. Transmittal 11/3/99, Purchase Requisition, State Bid Spec 1)
99.210 B.
143-145
Cemetery Rider Mower Purchase - Piggyback Veto Beach Bid in the Amount of $6450 from Veto
Lawnmower Center (Public Works Transmittal 10/27/99, Bid Proposal)
99.211 C.
147-148
9~212 D.
149-156
Type S-3 Asphalt Patch ing Material Bid Award - Dickerson Florida, Inc.. $25.50 Per Ton on As
Needed Basis (Public Works Transmittal 10/27/99, Bid Proposal)
Resolution No. R-99-51 - Investment Policy (Finance Director Transmittal 10/26/99, R-99-51
w/Attachment 1)
99.213 E.
157-162
A RESOIXrrION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN INVESTMENT POLICY
PURSUANT TO CITY CODE SECTION 2-111 AS AMENDED.
Resolution No. R-99-52 - Designate Martin Luther King Birthday as City Holiday (City Manager
Transmittal 10/28/99, R-99-52, Human Resources Memo, City Manager Memo)
A RESOLUTION oF THE CITY COUNCIL OF THE CITY OF SEBASTIAN RECOGNIZING DR. MARTIN LUTHER KINO JR.
BIRTHDAY AS AN OFFICIAL HOLIDAY
99.1o5 F.
163-166
Interlocal Agreement Between Indian River County and City of Sebastian for the Purpose of
Purchasing Property to Expand Riverview Park (City Manager Transmittal 10/27/99, Interlocal
Agreement)
99.214 G.
167-186
Agreement Between OncSource Landscape and Golf Services, Inc. and City of Sebastian (City
Manager Transmittal 10/27/99, Agreement)
99.215 H.
187
Proposed Ordinance No. O-99-37 - Controlled Burning - First Reading - Set Public Hearing for
12/1/99 (City Attorney Transmittal 10/28/99, 0-99-37)
99.216 I.
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDINO CODE OF ORDINANCES
SECTION 42-48 CONTROL OF OPEN BURNING; PROVIDING FOR CONFLICTS; PROVIDINO FOR SEVERABILITY; PROVIDINO
FOR AN EFFECTIVE DATE.
Discussion - Through Trucks on City Streets and Damage to City Sweets by Trucks - As Requested
at 10/27/99 Regular Meeting by Mr. Barnes (No Backup)
17.
ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a
majority vote of City Council)
ANYPERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HE. dRING) WILL NEED .4 RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROC ~D INGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN CQMPLIANCE WIIH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL .4CCOMMOD~rIoN FOR THIS MF~TmO SHOULD
CONTACT THE CITY'S ADA COORDINATOR Ar 589:5550 AT LE~ 48 HOURS IN ADVANCE OF THIS MEETING.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
Ut~nnint Meetinva:
Regular Meeting. Wednesday, 11/17/99 - ~ pm
Regular Meeting - Wednesday, 12/1/99 - 7Pm
Regular Meeting - Wednesday, 12/15/99 - 7pm
6
PUBLIC HEARING
SIGN-UP SHEET
NOVEMBER 3, 1999 CITY COUNCIL MEETING
Ordinance No. O-99-14 - Amending Technical Codes
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.
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PUBLIC HEARING
SIGN-UP SHEET
NOVEMBER 3, 1999 CITY COUNCIL MEETING
Ordinance No. O-99-15- Alarm Control
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.
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PUBLIC HEARING
SIGN-UP SHEET
NOVEMBER 3, 1999 CITY COUNCIL MEETING
Ordinance No. O-99-!7 - Amending City Investment Policy
Provisions
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.
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PUBLIC HEARING SIGN-UP SHEET
CHARTER AMENDMENT ORDINANCES
NOVEMBER 3, 1999 - REGULAR CITY COUNCIL MEETiNG
Ordinance No. O-99-18 - AIRPORT LEASE~
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN
ELECTION TO SUBMIT A ~NDUM 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
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.
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
Ordinance No. O-99-19 - REMOVE SPECJAL STATUS
FOR A1N~D NON-CONFORMING USES
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 TIdE
FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTiVE DATE.
NAME ADDRESS
NAIVIE ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
Ordinan£¢ No, 0-99-20 - CHANGE COUNCIL TERMS
FROM TWO TO FOUR YEARS
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.
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
Ordinanre No, 0-99-22 - INCREASE COUNCIL
SALARIES
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.
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Ordinance No. O-99-23 - SIGNATURE OF DOCUMENTS
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.
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
Ordinance No. 0-99-24 - FILLING COUNCIL
VACANCIES
AN ORDINANCE OF TIdE 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 REQUIREMENT FOR SPECIAL ELECTION TO FILL COUNCIL
VACANCIES OF GREATER THAN SlX MONTHS; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION
SHALL BE CONDUCTED; PROVIDING TIlE TIME AND PLACES FOR HOLDING SUCH ELECTION;
ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
NAME ADDRESS
NAIVIE ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
Ordinance No. 0-99-25 - PROCEDURES FOR REMOYAL
OF COUNCIL MEMBERS
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 ~I.~CTION 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.
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
Ordinance No, O,99-26 - CAI,LING SPECIAL COUNCIL
MEETINGS
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.
NAME ADDRESS
NAIVIE ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
4
Ordinance No. 0-99-27- ESTABLISH COMMITTEE
GUIDELINES BY ~UTION & STURM
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 WHICH
SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH
EI.ECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
Ordinance No. 0-99-28 - REMOVING CHARTER
OFFICERS WITHOUT CAUSE
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.
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
5
Ordinance No. 0-99-29 - STANDARDS TO REMOVE
CHARTER OFFICERS FOR CAUSE
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN
EI.ECTION 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.
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
Ordinance NO, 0-99-30 - ADOPT MILLAGE AND
BUDGET BY R~UTION
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.
NAME ADDRESS
NAlVIE ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
6
Ordinance No. O-99-31 - ADOPT ELECTION F~
FEES AS SET BY LAW
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 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.
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
Ordinance No. O-99-32 - INCLUDE CITY ATTORNEY iN
CANVASSING BOARD
AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN
RI.F. CTION 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 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.
NAME ADDRESS
NAlVIE ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
Ordinance No. O-99-33 - RUN-OFF TO DECIDE
ELECTION TIES
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR]DA, SCHEDULING AN
EI.ECTION 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.
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAIVIE ADDRESS
Ordinance No. 0-99-34 - VIOLATION OF STATE
ELECTION CODE BASIS FOR DISQUALIFICATION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN
RI,ECTION 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.
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAlVIE ADDRESS
NAME ADDRESS
Ordinance No. 0-99-35 - APPOINTING INTERIM
GOVERNMENT
AN ORDINANCE OF TIlE 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
SUCCFF. D THE CITY CLERK IN APPOiNTiNG INTERIM GOVERNMENT, RATHER THAN THE MAYOR AND
POLICE CHIEF MAKING SUCH APPOINTMENTS; PROVIDING FOR THE MANNER 1N 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.
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAIVfE ADDRESS
Ordinanr¢ No. 0-99-36 - DELETING OBSOLETE
PROVISIONS
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN
EIJ~CTION 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.
NAlVIE ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
NAME ADDRESS
9
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHKEI
"New Business" as used herein, is defined as an item that has occurred
or was discovered within the previous six months
NOVEMBER 3, 1999 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS
NOT OTHERWISE ON THE PREPARED AGENDA - LIMIT OF 10
MINUTES PER SPEAKER
Name: .
Subject: ~'~ _.~i ~i....-~.~.,L~-~-...~ ,,~ ~, '
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SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, NOVEMBER 3, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLOIilI~A
2.
3.
4.
Mayor Neuberger called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Reverend Jim Wingate, Cornerstone Baptist Church.
I~OLL CALL
Ci[y Cq. tmcil Prese0I~
Mayor Chuck Ncuberger
Mr. Joe Barczyk
Mr. Walter Barnes
Mr. Ben A. Bishop
Ci[v Council Absent:
Mr. Edward J. Majcher, Jr. (excused)
Staff Present:
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Kathryn O'Halloran
Finance Director, Mark Mason
Chief of Police, Randy White
Golf Course Director, Pat Cerjan
Public Works Director, Terry Hill
City Engineer, Martha Campbell
Deputy City Clerk, Sally Maio
pRegular City Council Meeting
ovember 3, 1999
age Two
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS}
Items not on the written agenda may be added on~ upon a majority vote of City Council members (R-99-21)
None.
6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS
A. Proclaqlation - Wayne Brubilk~r and Phelp's Garage & Towing - Recognition of Service to
Communi~ Dllritlg Hurricane Ircnf;
Mayor Neuberger read and presented the proclamation to Wayne Brubaker.
B. Proclamation - November Natio001 Hospice Month - ¥isiting Nurse Association and Hospice - Carol
Kanarek Accepting
Mayor Neuberberger read and presented the proclamation to Carol Kanarek.
90.082 C. Presentation by St. Johns River ¢dater Management District Re: Water Levels ~'qO Backup)
A representative of St Johns River Water Management District gave a brief presentation on current
water levels within the city and district (see graphics attached).
7. CITY ATTORNEY MATTERS
None.
8. C!TY MANAG~MATTERS
Reported on emergency expenditures needed due to the recent hurricane, i.e., tree removal at Golf Course in
the amount of $8,000 and Yacht Club pier and ramp damage in the amount of approximately $10,000 with
further funding requests to come to Council at the next meeting; and noted that certain of the expenses will be
reimbursed by FEMA.
9, CITY CLERK MATTERS
None.
10. CITY COUNCIL MATTERS
A. Ma,v0r Neuberger
· Reported on the Metropolitan Planning Organization receipt of a survey of raikoad
crossovers at US 1 which he said is available for review and needs reconsideration; and
adoption of a resolution endorsing the four laning of State Road 60 west.
2
Regular City Council Meeting
November 3, 1999
?age Three
Reported that FPL representatives will attend the December 1, 1999 meeting regarding
recent power outages.
Reported on a serious accident at the Barber and US 1 traffic light.
B. Mr. Barczyk
Reported that the Periwinkle Bridge will be closed from November 8 to December 8, 1999.
C. Mr. Barnes
Urged participation for the Coastal Cleanup beginning at Riverview Park on Saturday
November 3, 1999 at 8 am.
Requested an update on Falcon Cable improvements. The City Manager said he will contact
Ken Vickers to make a presentation to City Council.
Noted the school zone sign is down on CR 512 since hurricane and urged it be restored.
Requested an update on the uniform speed limit issue. The City Attorney stated there is a
state law that establishes 30 miles per hour in residential areas unless engineering studies
deem another appropriate speed limit.
Mr. Barczyk inquired about downed signs on city right-of-way since the hurricane.
D. Mr. Bi:~hop
None.
E. Mr. Majcher
None.
11.
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
consent 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 - 10/27/99 Regular Meeting
99.208
Prior Approval for Reimbursement of Expenses for Mayor Neuberger to Attend 39th Annual Florida
League of Cities Conference in Orlando November 18-19, 1999 in Accordance with State Limits
(City Clerk Transmittal 10/25/99, Conference Info)
The City Manager read the consent agenda.
MOTION by Bames/Barczyk
"I'll make a motion to approve items A and B of the consent agenda."
R4egular City Council Meeting
ovember 3, 1999
Page Four
99.198
99.147
12.
ROLL CALL:
Mayor Neuberger
Mr. Barczyk
Mr. Barnes
Mr. Bishop
Mr. Majcher
aye
aye
absent
MOTION CARRIED 4-0
PUBLIC BEARINGS
OrdillanceNo. O-99-14-AmendingTcchnicalCodes (BuildingDep~tmentTransmigal 10/27/99,
O-99-14)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDINO CODE OF ORDINANCES
CHAPTER 26 UPDATING TECIINICAL CODES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
Mayor Neuberger opened the public hearing at 7:39 p.m. and the City Attorney read the ordinance by
title. There was no public input.
Mayor Neuberger closed the public hearing at 7:40 p.m.
MOTION by Barnes/Bishop
"I'll make a motion to approve Ordinance O-99-14."
ROLL CALL:
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - absent
Mayor Neuberger - aye
MOTION CARRIED 4-0
Ordinance No, O-99-15 - Alarm Control (police Transmigal 10/28/99,.ADT Letter, Revised
O-99-15)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDIN(J CHAPTER 39, ARTICLE 2,
ALARM SYSTEMS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Neuberger opened the public heating at 7:41 p.m. and the City Attorney read the ordinance by
title.
The City Attorney reviewed revisions directed at the first reading and the Chief of Police gave a brief
presentation.
4
Regular City Council Meeting
November 3, 1999
'age Five
Following a brief discussion on the Bernie Fox (ADT) letter suggesting additional language (see
letter attached), the City Attorney recommended that if Council is inclined to add the language, it be
added as subsection C of Section 39-32.
TAPE I- SIDE II (7:45 p.m.)
MOTION by Barnes/Bishop
"I'd make a motion to include it."
Discussion continued on altering the recommendation so that it referred specifically to "burglar
alarms".
Mr. Barnes and Mr. Bishop modified their motion to include that revision.
Discussion continued.
Mayor Neuberger closed the public hearing at 7:53 p.m.
There was consensus on the revision to the addition, therefore, there was no vote on the motion.
MOTION by Bishop/Barczyk
"I would like to move to approve Ordinance 0-99-15 as amended."
ROLL CALL:
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - absent
Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 4-0
99.199 C.
Ordinance No. 0-9% 17 - Amending City Investment Poli~ Provisions (Finance Director
Transmittal j 0/26/99, 0-99-17)
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.
Mayor Neuberger opened the public hearing at 7:55 p.m. and the City Attorney read the ordinance by
title. There was no public input.
The Finance Director gave a brief staff summation on the proposed policy.
Mayor Neuberger closed the public hearing at 7:56 p.m.
egulm~ City Council Me~ting
ovcmber 3, 1999
Page
99.o65 D.
MOTION by Barnes/Bishop
"I'11 make a motion to approve Ordinance O-99-17."
ROLL CALL:
Mr. Majcher - absent
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
MOTION CARRIED 4-0
Charter Amendment Ordii~ces (CiW Attorney Tl'ansmittal 10/26/99, Ordinance Nos. Q-99-18
tl:u'0ugh 0-99-36 ~xgluding O-99-21 Whi0~ Failed at First Reading)
OrdjIlaOce No. O-99-18 - Airport Leases
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 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.
Mayor Neuberger opened the public hearing at 7:57 p.m. and the City Attorney read the ordinance by
title. There was no public input.
Charter Review Committee Chairman, Nate McCoilum gave a brief summation.
Mayor Neuberger closed the public heating at 7:58 p.m.
MOTION by Bishop/Barczyk
"I'd move to approve Ordinance 0-99-18."
ROLL CALL:
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - absent
MOTION CARRIED 4-0
2. Ordinance No. O-99-19 - Remove Special Stares for Non-_~onforming Uses Annexed
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 WitlCit 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
egular City Council Meeting
ovember 3, 1999
Page Seven
Mayor Neuberger opened the public hearing at 7:59 p.m. and the City Attorney read the ordinance by
title. There was no public input.
Charter Review Committee Chairman, Nato McCollum gave a brief summation.
Mayor Neuberger closed the public hearing at 7:59 p.m.
MOTION by Barczyk/Barncs
"I recommend that Ordinance O-99-19 be approved."
ROLL CALL:
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - absent
Mayor Neuberger - aye
MOTION CARRIED 4-0
3. Ordinance No. O-99-20-Cg~il Terms
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULINO 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 COI_~NCIL TERMS FROM TWO (2) YEARS TO FOUR (4) YEARS; PROVIDING FOR THE
MANNER IN WHICH SUCH ELECHON SHALL BE CONDUCTED; PROVIDINO THE TIME AND PLACES FOR HOLDING SUCH
ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDINO FOR AN EFFECTIVE
DATE.
Mayor Neuberger opened the public hearing at 8:00 p.m. and the City Attorney read the ordinance by
title. There was no public input.
Charter Review Committee Chairman, Nate McCollum gave a brief summation.
Mayor Neuberger closed the public hearing at 8:01 p.m.
MOTION by Bames/Barzcyk
"I move to approve Ordinance 0-99-20."
ROLL CALL:
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - absent
Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 4-0
7
_Regular City Council Meeting
ovcmber 3, 1999
Page Eight
4.
Ordinance No. O-99-22 - Council Salaries
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 CONDUCTE1), PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM
OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Neuberger opened the public hearing at 8:01 p.m. and the City Attorney read the ordinance by
title. There was no public input.
Charter Review Committee Chairman, Nate McCollum gave a brief summation.
Mayor Neuberger closed the public hearing at 8:02 p.m.
MOTION by Bames/Barczyk
"I move to approve Ordinance 0-99-22."
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - absent
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
MOTION CARRIED 4-0
5. Ordinance No~ O-99-23 - Signature of DoctwoCnts
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.
Mayor Neuberger opened the public hearing at 8:03 p,m. and the City Attorney read the ordinance by
title. There was no public input.
Charter Review Committee Chairman, Nate McCollum gave a brief summation.
Mayor Neuberger closed the public hearing at 8:03 p.m.
MOTION by Barnes/Barczyk
"I move to approve Ordinance O-99-23."
egular City Council Meeting
ovember 3, 1999
Page Nine
ROLL CALL:
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - absent
Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 4-0
6. Oldinance No. 0-99-24 :.Fil]iag Council Vacancies (as Revised from First Reading)
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 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 PLACE.g FOR HOLDING SUCH ELECTION; ESTABLISHING TIIE FORM OF THE BALLOT FOR SUCH ELECTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Neuberger opened the public hearing at 8:04 p.m.; and the City Attorney read the ordinance
by title and reviewed the revision. There was no public input.
Charter Review Committee Chairman, Nate McCollum gave a brief summation.
Mayor Neuberger closed the public hearing at 8:05 p.m.
MOTION by Barncs/Barczyk
"I move to approve Ordinance 0-99-24."
ROLL CALL:
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - absent
MOTION CARRIED 4-0
7. Ordinance No. 0-99-25 - Procedures for Remoy~l Qf Council Members
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 Il 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.
Mayor Neuberger opened the public hearing at 8:05 p.m. and the City Attorney read the ordinance by
title. There was no public input.
9
egular City Council Meeting
ovember 3, 1999
Page Ten
Charter Review Committee Chairman, Nate McCollum gave a brief stunmation.
Mayor Neuberger closed the public hearing at 8:06 p.m.
MOTION by Barnes/Neuberger
"I move to approve Ordinance 0-99-26."
ROLL CALL:
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - absent
Mayor Neuberger - aye
MOTION CARRIED 4-0
8. Ordinance No, 0-~9-26 - (2ailing ~p~cJa132oanfil ~ctings
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.
Mayor Neuberger opened the public hearing at 8:06 p.m. and the City Attorney read the ordinance by
title. There was no public input.
Charter Review Committee Chairman, Nate McCollum gave a brief summation.
Mayor Neuberger closed the public hearing at 8:07 p.m.
MOTION by Barczyk/Bishop
"I recommend that Ordinance 0-99-26 be approved."
ROLL CALL:
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - absent
Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 4-0
10
egular City Council M~eting
ovember 3, 1999
Page Eleven
Ordinance No. O-99-27_- Establish Q0lllJllittC~ Guidelines by Resolution & Ordinance
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 RESO~ON; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SItALL 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.
Mayor Neuberger opened the public heating at 8:08 p.m. and the City Attorney read the ordinance by
title. There was no public input.
Charter Review Committee Chairman, Nate McCollum gave a brief summation.
Mayor Neuberger closed the public heating at 8:08 p.m.
MOTION by Barczyk/Bames
"I'll recommend that Ordinance 0-99-27 be approved."
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - absent
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
MOTION CARRIED 4-0
10. Qrdinance No. 0-99-28 - Removing Charter Officers Witholl[ C~tl~O
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 lli OF THE CITY CHARTER TO
PROVIDE FOR REMOVAL OF CHARTER OFFICERS WITHOUT CAUSE IF PURSUANT TO CONTRACT; PROVIDING FOR THE
MANNER IN WHICH SUCH ELFXY~ON SHALL BE CONDUCTED; PROVIDINO THE TIME AND PLACES FOR HOLDING SUCH
ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
Mayor Neuberger opened the public hearing at 8:09 p.m. and the City Attorney read the ordinance by
title. There was no public input.
Charter Review Committee Chairman, Nate McCollum gave a brief summation.
Mayor Neuberger closed the public hearing at 8:10 p.m.
MOTION by Bames/Neuberger
'I move to approve Ordinance 0-99-28."
11
qRegular City Council Meeting
ovember 3, 1999
Page Twelve
ROLLCALL:
Mr. Majcher - absent
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
MOTION CARRIED 4-0
11. Ordinance No. O-99-29 - St~dards to Remove Charter Officers for Cause
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 EI2ECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mayor Neuberger opened the public hearing at 8:11 p.m. and the City Attorney read the ordinance by
title. There was no public input.
Charter Review Committee Chairman, Nate McCollum gave a brief summation.
Mayor Neuberger closed the public hearing at 8:12 p.m.
MOTION by Barczyk/Barnes
"I recommend Ordinance 0-99-29 be approved."
ROLLCALL:
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - absent
MOTION CARRIED 4-0
12. Ordinance No. O-99-30 - Adopt Millage and Bu~lg~t by Resolution
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULINO 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.
Mayor Neuberger opened the public hearing at 8:12 p.m. and the City Attorney read the ordinance by
title. There was no public input.
12
Regular City Council Meeting
ovember 3, 1999
Page Thirteen
Mayor Neuberger closed the public hearing at 8:12 p.m.
MOTION by Bishop/Barczyk
"I move to approve Ordinance 0-99-30."
ROLL CALL:
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - absent
Mayor Neuberger - aye
MOTION CARRIED 4-0
13. Ordinance No, 0-99-31 - Adopt Election Filing Fee~,~ Set by Law
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULINO AN ELECTION TO
SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO
PROVIDE FOR ADOPTINO 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,
Mayor Neuberger opened the public hearing at 8:14 p.m. and the City Attorney read the ordinance by
title. There was no public input.
Charter Review Committee Chairman, Nate McCollum gave a brief summation.
Mayor Neuberger closed the public hearing at 8:14 p.m.
MOTION by Barnes/Bishop
"I move to approve Ordinance 0-99-31."
ROLLCALL:
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - absent
Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 4-0
13
egular City Council Meeting
ovember 3, 1999
Page Fourteen
14. Ordinartge N.0, 0-99-32 - Include City Attorney as C~yassing Board Member
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 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.
Mayor Ncuberger opened the public heating at 8:15 p.m, and the City Attorney read the ordinance by
title. There was no public input.
Charter Review Committee Chairman, Nate McCollum gave a brief summation.
Mayor Neuberger closed the public hearing at 8:15 p.m.
MOTION by Bames/Neuberger
"I move to approve Ordinance O-99-32."
ROLLCALL:
Mr. Bishop - aye
Mr. Majcher - absent
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
MOTION CARRIED 4-0
15. Ordinance Np~ 0-99-33 - Run-off to Decide Election Ties
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 CIIARTER 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.
Mayor Neuberger opened the public heating at 8:16 p.m. and the City Attorney read the ordinance by
title. There was no public input.
Charter Review Committee Chairman, Nate McCollum gave a brief summation.
Mayor Neuberger closed the public heating at 8:16 p.m.
14
Riegular City Council Meeting
ovember 3, 1999
Page Fifteen
MOTION by Bishop/Neuberger
"I move to approve Ordinance O-99-33."
ROLL CALL:
Mr. Majcher - absent
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
MOTION CARRIED 4-0
16. Ordil~0,ll~:O Bio. 0-99-34 - Violation of State ElectLgll (3ode Basis for Disqualification (as
Revised from First Reading)
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.
Mayor Neuberger opened the public hearing at 8:17 p.m. and the City Attorney read the ordinance by
title. There was no public input.
Charter Review Committee Chairman, Nate McCollum gave a brief summation.
City Attorney noted revision from first reading which adds a specific reference to Chapter 104, F.S.
Mayor Neuberger closed the public hearing at 8:17 p.m.
MOTION by Barnes/Bishop
"I move to approve Ordinance O-99-34."
ROLL CALL:
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - absent
MOTION CARRIED 4-0
15
egular City Council Meeting
ovember 3, 1999
Page Sixteen
17. Ordinance No. 0-99-35 - Appoint~glnterim Oovemment
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 TIIE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mayor Neuberger opened the public hearing at 8:18 p.m. and the City Attorney read the ordinance by
title. There was no public input.
Charter Review Committee Chairman, Nate McCollum gave a brief summation.
Mayor Neuberger closed the public hearing at 8:18 p.m.
MOTION by Bishop/Neuberger
"I move to approve Ordinance No. O-99-35."
ROLL CALL:
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - absent
Mayor Neuberger - aye
MOTION CARRIED 4-0
18. Ql:~li~ance No. 0-99-36 - Deleting Obsolc,.t~ Provisions
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,
Mayor Neuberger opened the public hearing at 8:19 p.m. and the City Attorney read the ordinance by
title. There was no public input.
Charter Review Committee Chairman, Nate McCollum gave a brief summation.
Mayor Neuberger closed the public hearing at 8:19 p.m.
MOTION by Barnes/Bishop
"I move to approve Ordinance 0-99-36."
16
egular City Council Meeting
ovember 3, 1999
Page Seventeen
ROLL CALL:
Mr. Barnes
Mr. Bishop
Mr. Majcher
Mayor Neuberger
Mr. Barczyk
- aye
- aye
- absent
- aye
- aye
MOTION CARRIED 4-0
It was noted that there will be final meeting of the Charter Review Committee next week in
accordance with the City Charter.
Discussion took place on adding language to the questions to alleviate confusion on the public's part
as to whether language is new or simply cleanup, however, the City Attorney advised that using
subjective language on the ballot may not be a good idea.
13.
INTRODUCTION OF NEV~ BUSINESS FROM THE PUI~LIC
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
Herbert Sturm, Saunders Street, Sebastian, requested a response to his complaint filed September 22, 1999.
Joseph Balogh, Sebastian Highlands residential committee, commended the City Council for its action on
paving and drainage. He also stated he had obtained additional signatures opposing the location of a
skateboard park which he will provide to City Hall.
TAPE I1 - SIDE I (8:32 p.m.)
The City Manager said he had always stated this was a conceptual site plan and that he would look at other
options.
Mr. Balogh continued his presentation stating his group was not against skateboarding, but are in opposition
to the location within the residential district.
Byron Elsebough, Sebastian, questioned what the group had been told at meetings relative to the skateboard
site.
John Massung, Fairfield, Sebastian, said he was unaware the site was part of the sports complex, questioned
why he had never received a letter as an adjacent property owner about the site, noted there are gopher
tortoise on the site, and questioned hours, charges and presence of attendants.
Mayor Neuberger asked that it be documented by staffwhen this site was first proposed.
17
NRegular City Council Meeting
ovember 3, 1999
Page Eighteen
14.
15.
99.196
Leonard Bassi, Browning Terrace, Sebastian, referred to documents relative to his complaints against the
City involving the construction of his house in 1986.
Gertrude Doggctt, Albatross, Sebastian, objected to the proposed location for the skateboard park.
COMMITTEE REPORTS/RECOMMEjyDAIION$
Harry Thomas, Balboa Street, Sebastian, reported further on the Metropolitan Planning Organization (MPO)
meeting relative to the crossovers report, urging Council to request the MPO to turn down the proposal and to
support widening of Roseland Road.
Mayor Neuberger called recess at 9:05 p.m. and reconvened the meeting at 9:20 p.m. All members noted at
roll call were present.
OLD BUS N SS
Holiday Lighting Along Riverfront_-J~ggr0priate Additional $2,290 for Clark Sales Di~iay. [11~:,.
(Purchasing Transmittal 10/28/99)
The City Manager and Finance Director gave a brief presentation.
MOTION by Barczyk/Bames
"I move that we approve the action to purchase the lamps for the display along the River
using Clark Displays, Inc. and appropriate the additional $2,290 to fund this project."
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - absent
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
MOTION CARRIED 4-0
18
egular City Council Meeting
ovember 3, 1999
Page Nineteen
16. NEW BUSINES.~
99.209 A.
Purchase of Re, placement Pg!ice Vehicles - Six 2000 Crown Vic[oria Pursuit Patrol Cars
Pursuant to Flofida~ll~rjffs Assocation/Florida Associa. tiOll 9f Counties Statewide Bid #99-01-
0912t Specification # 1 - Dural Ford - JaeJ,~orlville - $22,403 Each for a ig[al Of $134,418 (Police
Dept. Transmittal 1 l/3/99,.pgrqhase Requisifiorl, State Bid SII~ 1)
The City Manager and Police Chief addressed City Council on this item.
In response to Mayor Neuberger, the Chief said the extended warranties will be purchased next
September and will come out of the difference in budgeted and expenditure amounts.
MOTION by Barnes/Bishop
"I'11 make a motion to accept the purchase of the replacement police vehicles, six 2000
Crown Vics pursuit patrol cars, according to the Counties bid #99-07-0913 Specification #1, Duval
Ford, Jacksonville."
TAPE II - SIDE II (9:32 p.m.)
Dedication of the fund savings to the extended warranties was added to the motion.
ROLL CALL:
Mr. Majcher - absent
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
MOTION CARRIED 4.0
99.21o B.
Cemetery Rider Mows~r purchase - Piggyback Veto B..eo~;h Bid in the Amount of $6450J'rom Veto
Lawnmowgr C~ntCr (Public Works TransjllJttal 10/27/99, Bid Proposal)
The City Manager and Public Works Director addressed City Council on this item.
MOTION by Bishop/Barnes
"I move to approve the purchase of Scag Turf Tiger based on the piggyback bid from Veto
Beach in the amount of $6450."
ROLL CALL: Mayor Ncubcrger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - absent
MOTION CARRIED 4-0
19
pRe~ar City Council Meeting
overnber 3, 1999
age Twenty
99.211 C.
99.212 D.
T_vp¢ S-3 Asphalt Patching Material I}i~l.Award - Dickerson Florida, In, L- $25.50 Per Ton on As
N~.xled Basis (Public Works Tr~mittoJ 10/27/99, Bid Proposal)
The City Attorney and Public Works Director addressed City Council on this item.
MOTION by Bishop/Barnes
"I move to award to Dickerson Florida Inc. the contract for the S-3 asphalt at $25.50 per ton
on as needed basis."
ROLLCALL:
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - absent
Mayor Neuberger - aye
MOTION CARRIED 4-0
Resolution No. R-99-51 - In¥~tmerlt policy (Finance Director Tral~tnittal 10/26/99, R-99-51
w/Attachment 1)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN iNVESTMENT POLICY
PURSUANT TO CITY CODE SECTION 2-111 AS AMENDED,
The Finance Director reviewed the proposed policy.
The City Attorney read Resolution No. R-99-51 by title.
MOTION by Barczyk/Bames
"I'd like to recommend we move to adopt Resolution R-99-51 adopting an investment policy
pursuant to City Code Section 2-111."
ROLL CALL:
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - absent
Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 4-0
20
qRegular City Council Meeting
ovember 3, 1999
Page Twenty-One
99.213 E.
99.105 F.
Resolution No. R-99-52 - D~l~igllllt~ Martin Lutller King Birthday as CiB, Holiday (City Manager
Transmittal 10/28/99. K:-99-52. Human Resources Memo, City Manager Memo)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN RECOGNIZING DR. MARTIN LUTHER KING JR.
BIRTHDAY AS AN OFFICIAL HOLIDAY.
The City Manager and Police Chief addressed City Council on this item.
The City Attorney read Resolution No. R-99-52 by title.
MOTION by Bishop/Barnes
"I move to adopt Resolution R-99-52, recognizing Dr. Martin Luther King, Jr. birthday as
an official holiday."
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - absent
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
MOTION CARRIED 4-0
Interlocal Agreement Between Indian River {2.~llg~ allO City of Sebastian for the Purpose of
Purchasing Property to Expand l~iv~pgJ~w Park (City Manager Transmittal 10/27/99, Interlocal
The City Manager addressed City Council on this item. He said he was looking at December 3, 1999
for closing, that an environmental assessment has been done, and that improvement plans will be
brought to Council.
MOTION by Bames/Neuberger
"I'11 move to approve the interlocal agreement between indian River County and the City of
Sebastian for the purpose of purchasing property to expand Riverview Park."
ROLL CALL:
Mr. Majcher - absent
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
MOTION CARRIED 4-0
21
egular City Council Meeting
ovember 3, 1999
Page Twenty-Two
99.214 G.
Agreement Between OneSource Landscape ~d Golf ~;olwiCes. Inc. and City of Sebastian (City
Manager Transmittal 10/27/~}9. Agreemen0
Mr. Barnes noted a typo on the Agronomic Specifications - change labor to laboratory.
The Golf Course Director addressed City Council on this item.
MOTION by Bishop/Barnes
"I move to approve the agreement between One Source Landscape and Golf Services, Inc.
retro to October I, 1999."
ROLL CALL:
Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - absent
MOTION CARRIED 4-0
Proposed Ordinance No. Q-99-)7 - Controlled Buming- First Reading - Set Public J:lcaring for
12/1/99 {City Attomqy Transmittal 10/28/99, 0-99-37)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES
SECTION 4248 CONTROL OF OPEN BURNINCr, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-99-37 by title and explained its purpose.
MOTION by Bishop/Neuberger
"I move to approve Ordinance 0-99-37 on first reading, set public hearing for December 1,
1999."
ROLL CALL:
Mr. Barczyk - aye
Mr. Barnes - aye
Mr. Bishop - aye
Mr. Majcher - absent
Mayor Neuberger - aye
MOTION CAKR1ED 4-0
22
_Rcgular City Council Meeting
ovcmbcr 3, 1999
Page Twenty-Three
99.216 I.
Discussion - Through Trucks on Ci~ Streets an0 l)a~ll0ge.t9 CiW S. tr.~ts by Tracks - As Requested
at 10/27/99 Regular Meeting by Mr. Barnes (No Backup)
Mr. Barnes expressed the need to establish no through streets within the City due to truck damage.
The City Attorney advised it would take some homework looking at routes, and coordination with
Indian River County. He discussed utilizing weight scales.
Chief White cited the high cost of scales.
TAPE IIi - $IDE I (l O:18 p.m.)
The City Attorney said relative to construction damage, the Citv could withhold a certificate of
occupancy or require a bond up front.
The City Manager said staff will bring back a recommendation.
17.
Being no further business, Mayor Neuberger adjourned the Regular Meeting at 10:28 p.m.
Approved at the
/
~O~'Ha "~mn, CMC/AAE ~
City Clerk
,1999, Regular City Council Meeting.
23
St, Johna River Wab' Muiigimint Dlntrlct
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Dennis R. White, Chief of Police
Sebastian Police Departmem
1201 Main Street
Sebastian, Florida 32958
[--
A
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P~
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Dear Chief White,
Thank you for providing a copy of Sebastian's proposed alarm control ordinance .I have
read it though and I must compliment you on a well-written and concise ordinance. I have
found one minor error which I am sure you can correct easily. Section 39-31 System
operation and maintenance. Item 4 refers to a "swing or shutdown option". This should
read "swinger shutdown". What it refers to is a zone or device that continues to go off for
no apparem reason. This is called a swinger. The swinger shutdown will automatically
preclude that zone from transmitting an alarm again umil it is manually reset or a period
of time passes, typically 24 to 48 hours. The signals will still be transmitted to the
monitoring cemer but at a lower priority. The swinger shutdown can be
the number of swings before it shuts down.
One other item you might wish to consider which will address those older controls that
do not have the swinger shutdown feature. This is a clause included in one of our local
ordinance proposals:
A second request to respond to the same premises within a 24 hour period will require
the response ora key holder It is the duty of the alarm monitoring company to contact the
key holder before this second dispatch request is made. Ifa key holder cannot be
contacted, the police department will not be requested to respond
This will not only reduce false alarm dispatches but will force your residcm.,. ~,, ...... ',{i~
up to date and responsible emergency contact lists.
I hope my input will be helpful to you. Please feel free to contact me anytime you feel I
can be of assistance.
Sincerely,
Bernie Fox
ADT Security Services
A 't~.~"l~ INTERNAEIONAI I, FD COMPANY