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HomeMy WebLinkAbout05111994 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 11, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sigmup sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Police Department Chaplain - Dr. Robert L. Vollmar 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS 94.124 Presentation of Plaque - Employee of the Quarter - 1st Quarter of 1994 - Police officer William Grimmich 94.125 Proclamation - National Police Week (Week of May 15th) and Peace Officers' Memorial Day - (May 15th) (Chief of Police Transmittal dated 4/25/94) 94. 126 Ce Proclamation - Teacher Appreciation Week - 5/9/94 through 5/13/94 94.076 94.076 94.076 94.127 94.128 94.129 PUBLIC HEARING, FINAL ACTION - None CONSENT AGENDA Ail items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes - 4/27/94 Regular Meeting, 4/28/94 Special Workshop, 5/4/94 Workshop Approve Request for Disbursement of $5,000.00 for Fourth of July Celebration (City Clerk Transmittal dated 4/25/94, Malek Letter dated 4/16/94) Approve Request to Close Certain Streets and Yacht Club - Fee Waiver for Use of Community Center on 7/4/94 for the Fourth of July Celebration (City Clerk Transmittal dated 4/25/94, Malek Letter dated 4/16/94, Chief Petty Memo dated 4/26/94) Approve Placement of Advent Balloon on Northeast Corner of Riverview Park for Fourth of July Celebration - July 2 through 5, 1994 - Contingent Upon Receipt of Certificate of Insurance (City Clerk Transmittal dated 4/25/94, Malek Letter dated 4/16/94, Director of Community Development Transmittal dated 4/27/94) Bid Award - Golf Course Insecticide - Helena Chemical of Brandon, Florida - $5,514.00 (Golf Course Superintendent Transmittal w/ Bid Tabulation dated 5/4/94) Bid Waiver - Utilities Department - Purchase Quicklime for Filbert Street Water Treatment Plant - Vero Beach Contract Price - Chemline - $2,308.54 (Utilities Director Transmittal dated 5/5/94) L.I. Tree Service - Specimen Tree Removal Request - Lot 22, Block 296, Sebastian Highlands, Unit 11 One Pine (Director of Community Development Transmittal dated 4/27/94, Application, Survey) 94.130 94.131 10. 94. 121 11. 94.132/ 93.054 Ando Builders - Specimen Tree Removal Request - Lot 7, Block 177, Sebastian Highlands, Unit 10 - Two Oaks - One Pine (Director of Community Development Transmittal dated 4/27/94, Application, Survey) Burgoon Berger - Specimen Tree Removal Request - Lot 20, Block 312, Sebastian Highlands, Unit 13 - One Oak (Director of Community Development Transmittal dated 4/27/94, Application, Survey) PRESENTATIONS - None CITY ATTORNEY MATTERS Am RESOLUTION NO. R-94-27 - city Attorney Contractual Service Agreement (City Clerk Transmittal dated 5/5/94, Alternate Resolutions w/Exhibits) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE EXISTING CONTRACTUAL SERVICE AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF SEBASTIAN AND CHARLES IAN NASH; PROVIDING FOR EXTENSION OF THE CONTRACTUAL SERVICE AGREEMENT BETWEEN THE CITY AND CHARLES IAN NASH FOR NINETY DAYS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OR A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAiNiNG TO THE EMPLOYMENT OF A CITY ATTORNEY; PROVIDING AUTHORITY TO ENTER INTO A CONTRACTUAL SERVICE AGREEMENT WITH RICHARD E. TORPY FOR THE PURPOSES OF PROVIDING LEGAL REPRESENTATION TO THE CITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. CITY MANAGER MATTERS Report and Recommendation on Police Station (No Backup) 12. COMMITTEE REPORTS/RECOMMENDATIONS 94.133 94.134 94.135 94. 136 94.137 94.047 94.138 A. Constructio'n Board Appoint Truman Smith to Fill Unexpired Term - Regular Member (HARV) Position Vacated by James Haney to Expire 9/30/94 (Director of Community Development Transmittal dated 4/25/94, Smith Application) B. Plannin~ and Zoning Commission Appoint Herbert Munsart to Fill Unexpired Term - Regular Member Position Vacated by Arthur Firtion to Expire 11/95 (Director of Community Development Transmittal dated 4/25/94, Munsart Application) C. Board of Adjustment Accept Resignation of James Husk Effective Immediately - Term Expires 5/31/94 (Director of Community Development Transmittal dated 5/5/94) Accept Resignation of Cranford Sproul Effective Immediately - Term to Expire 3/95 (Director of Community Development Transmittal dated 5/5/94) D. Handicapped Self-Evaluation Committee Accept Resignation of Beatrice Thibeault (Personnel Director Transmittal dated 5/5/94) 13. OLD BUSINESS Participation in County-Wide Habitat Conservation Plan (No Backup) 14. NEW BUSINESS RESOLUTION NO. R-94-26 - City of Sebastian Emergency Plan (Personnel Director Transmittal dated 4/27/94, Emergency Plan) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE CITY'S EMERGENCY PLAN FOR 1994; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 4 94.139 94. 140 Bm RESOLUTION NO. R-94-28 - Fiscal Year 1993/94 Budget Amendment (Finance Director Transmittal dated 5/5/94, R-94-28, Amendment Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ANNUAL BUDGET OF THE CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1993, AND ENDING SEPTEMBER 30, 1994; APPROPRIATING FUNDS FOR THE EFFICIENT AND EFFECTIVE OPERATION OF THE GOVERNMENT OF THE CITY OF SEBASTIAN AND ALL OF ITS DEPARTMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1994, SUCH APPROPRIATIONS BEING FROM ANTICIPATED REVENUE; PROVIDING A MEANS TO AMEND THE SAID ANNUAL BUDGET SO AS TO CARRY FORWARD THE FUNDING OF PURCHASE ORDERS, WORK ORDERS, AND GRANTS OUTSTANDING AS OF SEPTEMBER 30; 1993; PROVIDING A MEANS TO AMEND THE SAID BUDGET TO REFLECT GRANTS RECEIVED AFTER SEPTEMBER 30, 1993; PROVIDING A MEANS TO AMEND SAID BUDGET SO AS TO CARRY FORWARD UNENCUMBERED BALANCE IN CAPITAL PROJECTS FUND; AUTHORIZING THE TRANSFER OF FUNDS HEREIN APPROPRIATED SO LONG AS THE TOTAL COMBINED APPROPRIATIONS SHALL NOT BE INCREASED THEREBY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 0-94-07 - Removal of $2.50 Limitation on Public Service Tax (City Clerk Transmittal dated 4/26/94, O-94-07) 1ST READING, SET PUBLIC HEARING FOR 6/8/94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE PUBLIC SERVICE TAX LEVIED PURSUANT TO SECTION 94-26 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 94-31 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO THE MAXIMUM AMOUNT OF PUBLIC SERVICE TAX PAYABLE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 5 94.103 94.106 94.036 94. 141 ORDINANCE NO. 0-94-08 - Deleting Requirement for Blank Lines on Ballots for Write-In - Section 38- l(b) (City Clerk Transmittal dated 5/5/94, 0-94-08, 4/6/94 Minutes) 1ST READING, SET PUBLIC HEARING FOR 6/8/94 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 38, SECTION 38-1 (Declaration of intent by candidates; form of ballot) BY ELIMINATING SECTION 38-1(b) PERTAINING TO BLANK VOTING LINES ON BALLOTS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 15. MAYOR AND CITY COUNCIL MATTERS 16. A. Mayor Arthur Firtion B. Vice-Mayor Carolyn Corum C. Mrs. Norma Damp D. Mr. Robert Freeland F. Mr. Oberbeck INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) Indian River District Boy Scouts of America - Riverview Park - Request Use of Electricity - 5/14/94 (Director of Community Development Transmittal dated 5/5/94) Jim Caldwell - Request Use of Community Center - Senior Breakfast - 6/4/94 and 7/2/94 - 8 a.m. to Noon (City Clerk Transmittal dated 5/4/94, Application, 2/2/94 Minutes) Treasure Coast Skydivers - Request Concession Stand at Skydive Sebastian - 5/21/94 and 5/22/94 - 3rd Annual Skydive for Easter Seals (Director of Community Development Transmittal dated 5/5/94, Martin Letter dated 5/1/94) 17. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 7 IN~ODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGNUP SHEET MAY 11, 1994 REGULAR CITY COUNCIL MEETiNG (Use this form ONLY for presentation of matters NOT on the prepared agenda. Introduction of Business from the Public is the last item on the agenda) ADDRESS: SUBJECT: SUBJECT: ADDRESS: NAME: ADDRESS: SUBJECT: PUBLIC INPUT ON AGENDA iTEMS SIGNUP SHEET MAY 11, 1994 REGULAR MEETING (Use this form ONLY for input on items on the prepared agenda EXCEPT for public hearings which have their own signup sheets. You will now speak immediately prior to the subject after being recognized by the Mayor.) ITEM NO.: C~zi~Oz'/7 SUBJECT : ~TEM No.: ?~, on ~ SUBJECT : 6~ oO"~ .... ~ NAME : ADDRESS : ITEM NO.: SUBJECT : NAME : ADDRESS : ITEM NO.: SUBJECT : City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 11, 1994 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals' shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-93-19) Mayor Firtion called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. Invocation was given by Police Department Chaplain, Dr. Robert Lo Vollmar. 4. ROLL CALL City Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck Staff Present: City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran Assistant city Attorney, Richard Torpy Chief of Police, Earle Petty Deputy City Clerk, Sally Maio Regular City Council Meeting May 11, 1994 Page Two 94.124 94.125 94.126 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) - Items not on the written agenda may be added only upon unanimous consent of the Council members present (Resolution No. R-93-19). The City Manager requested that items A, B and C under Introduction of New Business from the Public be moved to precede item 15 Mayor and City Council Matters. MOTION by Damp/Corum I so move. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 6. PROCLAMATIONS AND/OR ANNOUNCEMENTS Presentation o__f Plaque_- Emplovee of the Quarter - 1st Quarter of 1994 - Police Officer William Grimmich Vice Mayor Corum read a brief history of Officer William Grimmich's employment with the City of Sebastian and presented him with a plaque for Employee of the Quarter. Proclamation - National Police Wee~ (Week of Ma~ 15thl and Peace Officers' Memorial Day - M~ 15th) (Chief o__f Police Transmittal dated 4/25/94) Vice Mayor Corum read and presented the proclamation to Officer William Grimmich. Proclamation - Teacher Appreciation Week - 519/94 through 5/13/94 Vice Mayor Corum read and presented the proclamation to Shirley Brown, Sebastian River Middle School. PUBLIC HEARING, FINAL ACTION None. Regular City Council Meeting May 11, 1994 Page Four 94.130 H. 94.131 I. Ando Builders - Specimen Tree Removal Request ~ Lot 7, Block 177, Sebastian Highlands, Unit 10 - Two Oaks - One Pine (Director of Community Development Transmittal dated 4/27/94, Application, Survey) Burgoon Berger - Specimen Tree Removal Request - Lot 20, Block 312, Sebastian Highlands, Unit 13 - One Oak (Director of Community Development Transmittal dated 4/27/94, Application, Survey) The City Manager read the consent agenda in its entirety. Mrs. Corum removed items A and D. MOTION by Oberbeck/Freeland I move to approve items B, C, E, F, G, H and I of the consent agenda. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 A. Approval of Minutes Mrs. Corum noted a misspelling of Jody Rosier's name on two pages in the April 28, 1994 minutes. MOTION by Corum/Freeland I move the approval of item A of the consent agenda. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 4 Regular MaY ll, ~994 page Five 94.076 city council Meeting D. ~ner Og--~-~~2 ~_~ ~nsura_ran-~u~nu~ U_p~ ~ should be on the rs. corum noted that placement orthWeSt corner and john Malek concurred' MOTION by corum/Freeland I move the aPPrOval of item D. Mr. oberbeCk _ aye RoLL cALL: Mayor Firtion - aye - aye Mrs. corum - aye Mrs. Damp Mr. Freeland _ aye MOTION cARRIED 5-0 94 · ~2~ None · R-94-27 - city Attorney .... ,~ON ~ ~weement (city clerk A. ~1 service ~- Alternate Resolutions Contra~ , Transmittal dated 5/5/94 w / Exh ib its) RIVE] sEBASTIAN, iNDIAN LEGAL SERVICES FOR CHARLES IAN NASN coUNTY, ro coNTRACTUAL SERVICE AGREEMENT cITY OF sEBASTIAN AND NASH ~ EAL OF REsoLUTION' pROVIDING AND cHARLES IAN AGREEMENT ..... ~G FOR RE~__ ~EWITH; P~' NINET~ u~_~.UTIONS I~_~..~NG FOR a~ ~ ~ sEVE~Bibi.~, AN DATE. The Assistant city Attorney read the first Resolution No. R-94-27 by title onlY- ON by Damp/C°rum of Res/ version one MOTII move to ad°P~he current contrac' R-94-27 to extend agreement for ninety days- Regular City Council Meeting May 11,'1994 Page Six 11. 94.132/ 93.054 ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - nay MOTION CARRIED 4-1 (oberbeck - nay) The city Attorney noted that the second version was now moot. A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE EMPLOYMENT OF A CITY ATTORNEY; PROVIDING AUTHORITY TO ENTER INTO A CONTRACTUAL SERVICE AGREEMENT WiTH RICHARD E. TORPY FOR THE PURPOSES OF PROVIDING LEGAL REPRESENTATION TO THE CITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. CITY MANAGER MATTERS Report and Recommendation on Police Station (No Backup) The City Manager reiterated staff recommendation dated May 5, 1994 (see attached) to go out to bid in concurrence with the consultant's advice. The City Manager and Chief of Police responded to Mrs. Corum's suggestion that the City obtain a second opinion and a brief discussion ensued. MOTION by Oberbeck/Freeland i make a motion that we approve the recommendation of Bailey Engineering with regard to the air conditioning system at the Police Station. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 6 Regular City Council Meeting May 11, 1994 Page Seven 94.133 94.134 The city Manager reported that Planning and Zoning recommended a joint workshop on tree protection on May 12th or May 26th at 7:00 p.m.. Subsequent to City Council discussion, the city Manager was directed to look at May 23rd or 24th. The City Manager announced that Governor Chiles will attend the Indian River Lagoon bill signing at the Environmental Learning Center on May 12, 1994. 12. COMMITTEE REPORTS/RECOMMENDATIONS A. Construction Board Appoint Truman Smith to Fill Unexpired Term - Regular Member (HARV) Position Vacated by James Hane¥ to Expire 9/30/94 (Director o__f Community Development Transmittal dated 4/25/94, Smith Application) MOTION by Oberbeck/Freeland I would move to appoint Truman Smith to fill the unexpired term of James Haney as a regular member of the Construction Board representing the HARV contractors. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 B. Planning and Zoning Commission Appoint Herbert Munsart to Fill Unexpired Term - Regular Member Position Vacated by Arthur Firtion t__o Expire 11/95 (Director of Community Development Transmittal dated 4/25/94. Munsart Application) MOTION by Oberbeck/Damp I would move to appoint Herbert Munsart to fill the unexpired for regular member position vacated by Arthur Firtion to expire 11/95 on Planning and Zoning. 7 Regular City Council Meeting May 11, 1994 Page Eight ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum ' - aye Mrs. Damp - aye MOTION CARRIED 5-0 C. Board of Adjustment 94.135 Accept Resignation of James Husk Effective Immediately - Term Expires 5/31/94 (Director of Community Development Transmittal dated 5/5/94) Mayor Firtion reported that there is currently only one active member of the board and requested a motion to accept James Husk's resignation effective immediately. MOTION by Oberbeck/Damp I would move to that effect. ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 94.136 Accept Resignation o__f Cranford Sproul Effective Immediately - Term to Expire 3/9.5 (Director o__f Community Development Transmittal dated 5/5/94) Mayor Firtion requested a motion to accept the resignation of Cranford Sproul effective immediately. MOTION by Damp/Oberbeck So move. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 Discussion took place on what action to take on the Board of Adjustment at this time. 8 Regular city Council Meeting May 11, 1994 Page Nine Discussion followed. The City Attorney suggested that to temporarily suspend the board, a resolution would be sufficient, or, if Council wished to abolish the board, it must do so by ordinance. He further suggested that City Council could first adopt a resolution while the ordinance is being prepared if it wishes to abolish the board. Mr. Oberbeck suggested that perhaps volunteers could be found and several members of the audience raised their hands. The City Attorney noted City residency is a requirement'. Residents were directed to come into City Hall tomorrow to submit applications. It was the consensus of City Council to place new appointments on the May 25, 1994 agenda. D. Handicapped Self-Evaluation Committee 94.137 1. Accept Resignation o__f Beatrice Thibault (Personnel Director Transmittal dated 5/5/94) Mayor Firtion requested a motion to accept Beatrice Thibault's resignation. MOTION by Corum/Oberbeck I so move. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 TAPE I - SIDE II (7:52 p.m.) Mr. Oberbeck reported on his attendance at the MPO meeting and said he would t'urn his paperwork over to staff. Mayor Firtion inquired about the "no left turn" sign from Laconia onto CR 512, to which the Chief of Police responded that the sign remains since there will not be a left turn when CR 512 is completed. 9 Regular City Council Meeting May 11, 1994 Page Ten 13. OLD BUSINESS 94.047 A. Participation in County-Wide Habitat Conservation Plan (No Backup) MOTION by Corum/Damp I make a motion for the City of Sebastian to go in with the County on a County-wide Habitat Conservation Plan for the Florida Scrub Jay. Mr. Oberbeck suggested the motion be changed to state only intent until such time as backup is received. The Assistant City Attorney noted that if the motion could be interpreted to commit to appropriation of any funds, he cautioned against it. Mrs. Corum added "with no expenditures from the City on the Habitat Conservation Plan" to the motion. Mrs. Damp concurred with the addition. Wally Kramer, Micco, addressed city Council on the proposed plan. Mr. oberbeck suggested that the County be invited to make a presentation of the plan to city Council before Council votes to participate. Mr. Freeland requested to hear about revisions recently made by U.S. Fish and 'Wildlife. Brian Toland, U.S. Fish and Wildlife, said on closer inspection he determined that the number of platted lots could be reduced to 200 in Unit 17. Mr. Freeland asked that the motion be amended and Mrs. Corum and Mrs. Damp added "no more than 200 single family platted lots and property to be negotiated to be acquired". Mr. Oberbeck again suggested a joint meeting with Indian River County. 10 Regular City Council Meeting May 11, 1994 Page Eleven 94.138 14. ROLL CALL: Mrs. Damp - aye Mr. Freeland - nay Mr. Oberbeck - nay Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 3-2 (Freeland, Oberbeck - nay) Mayor Firtion called recess at 8:30 and reconvened the meeting at 8:43 p.m. All members were present. NEW BUSINESS RESOLUTION NO. R-94-26 - City of Sebastian Emergency Plan (Personnel Director Transmittal dated 4/27/94, Emergency Plan) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE CITY'S EMERGENCY PLAN FOR 1994; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-94-26 by title only. MOTION by Oberbeck/Corum i move we approve Resolution No. R-94-26 City of Sebastian's Emergency Plan as prepared. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 11 Regular city Council Meeting May 11, 1994 Page Twelve 94.139 B. RESOLUTION NO. R-94-28 - Fiscal Year 1993/94 Budget Amendment (Finance Director Transmittal dated 5/5/94, R-94-28, Amendment Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ANNUAL BUDGET OF THE CITY OF SEBASTIAN, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1993, AND ENDING SEPTEMBER 30, 1994; APPROPRIATING FUNDS FOR THE EFFICIENT AND EFFECTIVE OPERATION OF THE GOVERNMENT OF THE CITY OF SEBASTIAN AND ALL OF ITS DEPARTMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1994; SUCH APPROPRIATIONS BEING FROM ANTICIPATED REVENUE; PROVIDING FOR DELINQUENT TAXES COLLECTED DURING THE ENSUING FISCAL YEAR AS PROCEEDS FROM LEVIES OF OPERATION MILLAGES OF PRIOR YEARS TO BE APPROPRIATED FOR THE USE OF GENERAL FUND; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-94-28 by title only and noted that City Council had received an amended Resolution. MOTION by Oberbeck/Damp I would move to the approval of Resolution No. R-94-28 fiscal year 93/94 budget amendment. A lengthy City Council discussion followed. TAPE II - SIDE I (9:05 p.m.) Discussion continued. The City Manager stated his reasons for presenting the amendment at this time, advised on procedures for adoption of future budgets, and said he could explore alternatives with the County relative to utilities in the event that the city requires assistance and report back to city Council if it so desires. Mr. Oberbeck suggested concentrating on expansion of water into the commercial areas along U.S. 1 to generate revenue. 12 Regular City Council Meeting May 11, 1994 Page Thirteen 94.140 ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 It was the consensus of City Council to direct the City Manager to approach Indian River County. ORDINANCE NO... 0-94-07 - Removal of $2.50 Limitation on Public Service Tax (City Clerk Transmittal dated 4/26/94, 0-94-07) 1ST READING, SET PUBLIC HEARING FOR 6/8/94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE PUBLIC SERVICE TAX LEVIED PURSUANT TO SECTION 94-26 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 94-31 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO THE MAXIMUM AMOUNT OF PUBLIC SERVICE TAX PAYABLE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The city Attorney read ordinance No. 0-94-07 by title only. MOTION by corum/Oberbeck I make a motion to approve Ordinance No. 0-94-07 and set the public hearing for 6/8/94. ROLL CALL: Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye MOTION CARRIED 5-0 13 Regular City Council Meeting May 11, 1994 Page Fourteen 94.103 D. 94.106 ORDINANCE NO. 0-94-08 - Deleting Requirement for Blank Lines on Ballots for Write-In - Section 38- l(b) (City Clerk Transmittal dated 5/5/94, 0-94-08, 4/6/94 Minutes) 1ST READING, SET PUBLIC HEARING FOR 6/8/94 AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 38, SECTION 38-1 (Declaration of intent by candidates; form of ballot) BY ELIMINATING SECTION 38-1(b) PERTAINING TO BLANK VOTING LINES ON BALLOTS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read ordinance No. 0-94-08 by title only. MOTION by Oberbeck/Corum I move for the approval of Ordinance No. 0-94-08 and set the public hearing for June 8, 1994. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5-0 Introduction of New Business from the Public Items A, B and C were moved up on the agenda: Indian River District ~ Scouts of America Riverview Park - Request Use of Electricity 5/14/94 [Director of Community Development Transmittal dated 5/5/94) MOTION by Oberbeck/Freeland I would move to approve the request from Indian River District Boy Scouts of America to utilize the electricity at Riverview Park for an event on May 14, 1994. 14 Regular City Council Meeting May 11, 1994 Page Fifteen ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5-0 94.036 B. 94. 141 Jim Caldwell - Request Us~e o~f Community Center - Senior Breakfast_- 6/4/94 ~n~ 7/2/94 - 8 a.m. to Noon (City Clerk Transmittal dated 5/4/94, Application, 212/94 Minutes) MOTION by Freeland/Damp Move to approve the request on June 4 and July 2. Jim Caldwell, Treasure Coast Senior Services, addressed City Council. ROLL CALL: Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye MOTION CARRIED 5-0 Treasure Coast Skydivers - Request Concession Stand at Skydive Sebastia~ - 5/21/94 and 5/22/94 - 3rd Annual Skydive for Easter Seals (Director o__f Community Development Transmittal dated 5/5/94m Martin Letter dated 5/1/94k MOTION by Oberbeck/Freeland I would move to approve the request from Treasure Coast Skydivers to hold a concession stand at the Skydive Sebastian lease area and I would emphasize that they contact the appropriate agencies if food is going to be served because you just don't do that without HRS approval. ROLL CALL: Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye MOTION CARRIED 5-0 15 Regular City Council Meeting May 11, 1994 Page Sixteen 15. MAYOR AND CITY COUNCIL MATTERS A. Mayor Arthur Firtion Mayor Firtion said he thought the HCP could be worked out. B. Vice-Mayor Carolyn Corum Vice Mayor Corum inquired about the reasons for certain areas of the City not being covered by cable TV, to which the City Manager explained the cable companies line extension policy as adopted by resolution; discussed means to stop clear cutting in commercial districts and suggested that the City Manager be directed to look into it; asked City Council concurrence to contact Walmart and ask them to plant oak trees, and Mayor Firtion suggested that the City Manager could look at the plans; and suggested that the Land Development Code be changed to give city Council final approval on site plans. C. ~rs. Norma Damp TAPE II - SIDE II (9:45 p.m.) Mrs. Damp inquired about the County's reimbursement of funds for Barber Street Sports Complex, and the city Manager said it is in the works; inquired whether Council needs to formally act on the change in Golf Course membership rates to October, to which the City Manager responded that consensus was sufficient; and inquired whether anyone has verified compliance with the Golf Course bond relative to free play, to which the city Manager said the language in the bond refunding differs from original language and will discuss it in the future. Mayor Firtion said that Walmart was asked to leave some of the pines and refused, and suggested that staff look at the plans for possible enhancement. D. Mr... Robert Freeland Mr. Freeland reported on his attendance at the Sebastian civic Association scholarship awards presentation; and stated that the audio on the videotape is deficient and said he would get with the Community Development Director. 16 Regular City Council Meeting May 11, 1994 Page Seventeen 16. 17. F. Mr. Oberbeck None. INTRODUCTION OF NEW BUSINESS BY THE PUBLIC (Which is Not Otherwise on the Agenda - By Resolution No. R-93-19 Limit of Ten Minutes for Each Speaker) A1 Vilardi, 445 Georgia Boulevard, Sebastian, addressed city Council on City funds expended on the 4th of July celebration and use of other City facilities by organizations for no cost. Walter Barnes, 402 Azine Terrace, Sebastian, addressed City Council on behalf of the Sebastian Highlands Property Owners Association, requesting the holding of a public forum whereby citizens could ask questions of individual City Council members. City Council discussion followed on the suggestion and it generally concurred with the concept. Wally Kramer, Micco, discussed being gavelled at the last meeting, defined "rhetoric" and requested that disagreements be forgotten. Being no further business, Mayor Firtion adjourned the regular meeting at 9:55 p.m. Meeting. O'Halloran, CMC/AAE City Clerk , 1994, City Council Arthur L. Firtion, Mayor 17 DATE: TO: FROM: REFERENCE: May 5, 1994 Joel Koford City Manager City of Sebastian TELEPHONE (407) 589-5330 = FAX (407) 589-557~ _/ Bruce Cooper ............ Director of Community Developm~'~~ Police Station EVAC System The City has received the final report from Bailey Engineering Corporation regarding their suggestions to rectify the high energy costs that the City is currently experiencing, due to the electric reheat being utilized to dehumidify the police facility. After receiving the report from Mr. Bailey on April 19, 1994, I had requested Mr. Bailey to give his recommendation on the options he outlined within his report. Mr. Bailey is recommending a pretreatment unit to be installed, in addition to the existing air conditioning system,._to remove the moisture from the outside air before it enters into the building. Mr. Bailey has indicated there are two different types of equipment that are on the market that could be utilized for this proposal. The first option and the most expensive is a specific unit produced by an Orlando manufacturer, CTSI. The unit is designed and, constructed to produce very tight humidity control inside the structure while delivering the required quantities of outside air intake called for today's ASHRAE standards. This unit removes moisture from the air sufficiently to cover moisture gain by normal occupancy and through building materials. The second type of unit is a standard manufactured product that is adapted by the manufacturers to handle 100 percent outside air. Mr. Bailey has indicated this unit will improve the situation however, the removal of moisture gained, by the structure and internal moisture gains from occupancy must still be handled by the main unit.