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HomeMy WebLinkAbout08121998 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIOA 329Efl TELEPHONE (561) 589-5,330 c; FAX (561) 5ag-E570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, AUGUST 12, 1998 - 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 shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council - limit often minutes per speaker (R-97-21) 1. 2. 3. 4. 5. 98.002/ 98.112 CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION/MOMENT OF SILENCE I~OLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) I'ROCLA~M,4,T]OJN$, ANNOUNCEMENTS AND/OR PRESENTATIONS A. Presentation of Certificates of Completion to Councilmembers Cartwright and Neuberger by City Clerk - Attendance at Advanced Institute for Elected Municipal Officials 98.151 98.152 98.153 98.154 98.037 98.141 10. 11. 12. 13. CITY ATTORNEY MATTERS CITY MANAGER MATTERS CONSENT.A.G]~A All 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. A. Approval of Minutes - 7/15/98 Special Meeting, 7/15/98 Workshop, 7/21/98 Workshop, 7/22/98 Regular Meeting, 7/23/98 Workshop, 7/29/98 Public Forum, 8/4/98 Workshop B. Authorize Mayor to Sign Letter Approving Distribution of $157,777 of Federal Fiscal Year 1998 Anti-Drug Abuse Act Funds by Indian River County(City Manager Transmittal 8/6/98, Proposed Letter) C. Pelican Island Preservation Society Request for Use of Riverview Park on Sunday, March 14, 1999 from 10 am to 4 pm for 96th Anniversary Celebration with Use of Electricity (City Clerk Transmittal 7/23/98, Letter 7/17/98) D. Maria Gomez Request Use of Community Center on Saturday, August 22, 1998 from 2 pm to 10 pm for Wedding Reception - A/B - Security Paid and Age Verified (City Clerk Transmittal 8/4/98, Application) PUBLIC HEARING - None INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required - Hmit often minutes for each speaker COMMITTEE REPORTS/RECOMMENDATIONS A. Code Enforcement Board 1. Accept Resignation of Joe Generazio (City Clerk Transmittal 7/28/98, Letter 7/23/98) B. Recreation 1. Accept Resignation of David Nisbet (City Clerk Transmittal 7/28/98, Letter 7/15/98) OLD B USII~I~.~ A. Request from L.I. Tree Service, Richard Fey, President Deferred from 7/22/98 (City Manager Transmittal 8/6/98, Fey Letter 6/6/98) 2 14. NEW BUSINESS 98,102 98.155 98.156 98.157A/ 97.156 98.157B/ 97.156 98.157C/ 97.156 98.150 98.025 98.089 98.046 98.158 98.159 Approve SunTrust Bank Paving Loan Bid (Gas Tax Revenue Bond) and Authorize City Manager to Waive Bid Procedures and Contract with Bond Counsel for Document Preparation (Finance Director Transmittal 8/5/98, Summary of Bid Information, 8/6/98 Quote ) B. Formation of Charter Review Committee (No Backup) Purchase of Toro Greensmaster for Golf Course from Hector Turf, Deerfield Beach at GSA Contract Price of $15,181.32 (Asst. to City Manager/Purchasing Transmittal 7/28/98, Budget Page) Approve First Amendment to Agreement with St. Johns River Water Management District to Extend Contract 97W278 for Main Street Baffle Box and Filtration Sytem to I/9/99 (Acting Public Works Director/City Engineer Transmittal 7/24/98, Amendment) Approve Contract No. WM708 with Department of Environmental Protection for Stormwater Improvements and Authorize City Manager to Execute (Acting Public Works Director/City Engineer Transmittal 7/22/98, Contract) Approve Supplemental #9 with Masteller & Moler Contract for Engineering Services for Reconstruction of Elkcam Dam in the Amount of $66,315 (Acting Public Works Director/City Engineer Transmittal 8/5/98, Supplement) Appropriate Funds from Undistributed Non-Departmental Account and Authorize City Manager Execute Contract with Solin and Associates, Inc. for Review and Revision of Revised Land Development Code (City Manager Transmittal 8/6/98, Proposed Contract) Approve C.R. McLellan Annual Culvert Installation Contract Work Orders 40-45 in the Amount of $45,272.75 (Acting Public Works Director/City Engineer Transmittal 8/4/98) First Reading of Ordinance No. 0-98-10 - Code Enforcement Procedures - Set Public Hearing for September 9, 1998 (City Manager Transmittal 8/6/98, O-98-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING A PORTION OF CHAPTER 2, ARTICLE VI, DIVISION 2, OF THE CODE OF ORDINANCES, PERTAINING TO THE CODE ENFORCEMENT BOARD; PROVIDING FOR THE RF_i2OVERY OF ALL COSTS INCURRED IN PROSECUTING CASES BEFORE THE CODE ENFORCEMENT BOARD AND PROVIDING FOR THE ISSUANCE OF CODE ENFORCEMENT CITATIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY. Change Order for Asphalt Recycling for Milling Dempsey and Braddock Streets for Additional $7,773.52 to Existing Purchase Order (Acting Public Works Director/City Engineer Transmittal 7/24/98, City Manager Memo 7/23/98, City Engineer Memo 7/23/98, Change Order #) Questions Regarding the Answering of Questions on an Application to be a Member of the Construction Board (City Manager Transmittal 8/6/98, Application, Code Section) November and December City Council Meeting Schedules (City Clerk Transmittal 7/27/98, Calendars) 15. CITY COUNCIL MATTERS A. Vice Mayor Martha Wininger B. Mrs. Louise Cartwright C. Mr. Chuck Neuberger D. Mr. Larry Paul E. Mayor Ruth Sullivan 16. ADJOURN (All meetings shall adjourn at l O: 30 p. m. unless extended for up to one half hour by a majority vote of City Counci0 ANY PERSON WHO DECIDES TO APPEAL ANY DECISIONMADE 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 to CCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 URS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. U~pcoming Meetings : Special Meeting - (Quasi) - Wednesday, August 19, 1998 ~ 7pm Workshop (False A iarm) - Wednesday, August 19,1 998following Special Regular Meeting- Wednesday, August 26, 1998 ~ 7pm Regular Meeting- Wednesday, September 9, 1998 ~ 7pm Special Meeting- (Budget Hearing) Thursday, September 10, 1998 ~ 7pm Special Meeting - (FinaI Budget Hearing) - Tuesday, September 22, 1998 ~ 7pm Regular Meeting- Wednesday, September 23, 1998 ~ 7pm 4 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET AUGUST 12, 1998 REGULAR MEETING USE THIS FORM ONLY FOR iNTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER - ......................................................................................... Name: Address: Subject: Name: Address: Subject: Name: Address: Subject: Address: Subject: Name: Address: Subject: City of Sebastian 1225 MAIN STREET c3 SEBASTIAN, FLORIDA 32_c,58 TELEPHONE (561) 589-5330 ~ FAX (561) 589-~570 PUBLIC NOTICE CITY COUNCIL CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA REGULAR MEETING - 8/12/98 The Sebastian City Council will conduct a Regular Meeting on Wednesday, August 12, 1998 at 7:00 p.m. or soon thereafter, in the City Council Chambers, City Hall, 1225 Main Street, Sebastian, Florida. 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. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 12, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Sullivan called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Them was a moment of silence. ROLL.C.~LL City Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul ~aff Pfosent: City Manager, Thomas Frame Acting City Attorney, Timothy Williams City Clerk, Kathryn O'Halloran Chief of Police, Randy White Acting Public Works Director/City Engineer, Manha Campbell Finance Director, Janet Isman Deputy City Clerk, Sally Maio City Council Meeting August 12, 1998 Page Two AGENDA MOPlFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) MOTION by Wininger/Neuberger I would move to move City Council matters to 8A. ROLL CALL: Mrs. Cartwright - nay Mr. Neuberger - aye Mr. Paul - nay Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 3-2 (Canwright, Paul - nay) 6. PROCLAMATIONS, ~]NOUNCEMENTS AND/OR PRESENTATIOiN~ 98.002/ 98.112 Presentation of Certificales of Completion to_~01mcilmembers Cartwright and Neuberger by City ~lerk - Attendance at Advanced Institute for F,,letlted Municipal Official~ The City Clerk presented certificates of completion to Councilmembers Cartwfight and Neuberger. 7. CITY ATTORNEY MATTERS None. 8. CITY MANAGER MATTERS The City Manager discussed the City Attorney final payment, citing a letter submitted to Council today relative to settlement; suggested a Council executive session on the union contract on August 19, 1998 at 6:00 pm in City Council Chambers; suggested Council allow him to proceed with a stand alone cable franchise ordinance rather than a master telecommunications ordinance at this time; said a sign had been posted welcoming the new ambulance; and reported the shoreline stabilization had been completed as well as educational signs. He commended Carolyn Corum, Jerry Converse and Bucky Gerber for their involvement in the signs. 15. CITY COUNCIL MATTERS A. VicelMayor Martha Winillger Mrs. Wininger asked that when a contract is issued to a finn with option to renew for more years and the contract is for more than $5,000, is it necessary for the renewal to come before Council again. She questioned the Applied Aquatic contract which was renewed in May. OARegular City Council Meeting ugust 12, 1998 Page Three The City Manager said he would look into it. B. Mrs. Lo..ui~e Cartwright Mrs. Cartwright reported one of the medians on US i was not being maintained. C. Mr. Chuck N~ub~rg~r Mr. Neuberger announced an October 10, 1998 golf scramble for the ambulance fund; and expressed his concern for the manner in which Mrs. Settles' termination and payoff were handled by staff. D. Mr. Larry Paul Mr. Paul expressed concern for the items now listed under New Business that he stated should be on the Consent Agenda and requested a consensus of Council members. Mayor Sullivan polled the Council on whether to keep th~l>ro~¢dure as it i~ now: Mrs. Cartwright - no Mr. Neuberger ~ yes Mrs. Wininger - yes Mr. Paul - no Mrs. Sullivan - yes E. Mayor Ruth Sullivan Mayor Sullivan said Council members should be able to use their titles, but no Council members should individually use official City stationary unless reporting action of the Council, and asked that a policy be established; and requested that any agreement containing financial obligations against the City must be approved by City Council. She requested that both be on a future agenda. ~2QNSENT AGENDA All 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 - 7/15/98 Special Meeting, 7/15/98 Workshop, 7/21/98 Workshop, 7/22/98 Regular Meeting, 7/23/98 Workshop, 7/29/98 Public Forum, 8/5/98 Workshop 98.151 Authorize Mayor to Sign Letter Approving Distribution of $157,777 of Federal Fiscal Year 1998 Anti-Drug Abuse Act Funds by Indian River County (City Manager Transmittal 8/6/98, Proposed Letter) 98.152 Pelican Island Preservation Society Request for Use of Riverview Park on Sunday, March 14, 1999 from 10 am to 4 pm for 96th Anniversary Celebration with Use of Electricity (City Clerk Transmittal 7/23/98, Letter 7/17/98) 3 Aegular City Council Meeting ugust 12, 1998 Page Four 98.153 D. Maria Gomez Request Use of Community Center on Saturday, August 22, 1998 from 2 pm to 10 pm for Wedding Reception - A/B - Security Paid and Age Verified (City Clerk Transmittal 8/4/98, Application) The City Manager read the consent agenda. Mr. Neuberger removed items A and C. Mayor Sullivan removed item D for Chief White. MOTION by Sullivan/Neuberger I would move approval of item B on the consent agenda. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwfight - aye Mr. Neuberger - aye MOTION CARRIED 5-0 Item A Mr. Neuberger requested amendment to the following minutes: · July 22, 1998 minutes page 5, add the word "move" in the first motion. Mayor Sullivan requested amendment to the following minutes: ° July 21, 1998 page 2, 4.A.ii. second paragraph - change to "Mayor Sullivan requested that the organizational chart be changed back to separate the City Attorney and City Clerk as covered by the City Charter" ° July 21, 1998 page 2, second paragraph, second sentence under City Manager - change to "Mayor Sullivan objected to percentage increases made behind closed doors and said all salary increases should be in the budget and discussed at a public meeting" ° July 21, 1998 page 3 second paragraph under City Clerk - add "employment" before "agreements" · July 22, 1998 - page 7 1st paragraph - add "time" before "restriction" · July 23, 1998 - page 5 - 2nd to last paragraph - add to fu'st sentence "since the company contract with the City called for the company to use their own equipment." MOTION by Neuberger/Wininger I make a motion to approve item A as amended. VOICE VOTE on the motion carried 4-l (Cartwright - nay) 4 ugular City Council Meeting gust 12, 1998 Page Five After being questioned about vendors who sell in Riverview Park and occupational licenses not being needed, the City Manager explained the difference between a permit and a license, and said he will look into it. MOTION by Neuberger/Cartwright I move to approve item C. VOICE VOTE on the motion carried 5-0. Item D The Chief of Police suggested better security for functions in city buildings at which alcoholic beverages are in use. The City Clerk said there have been problems at the Community Center. The City Manager said he could review the matter and bring back information for a future agenda on establishing policy. TAPE I - SIDE II (7:48 p.m.) MOTION by Sullivan/Wininger I would move approval of item D under the consent agenda. VOICE VOTE on the motion failed 1-4 (Cartwright, Neuberger, Wininger, Paul - nay) MOTION by Cartwfight/Paul I'd like to move that we approve the request conditional upon the applicant agreeing to pay for a one police person on the premise. Mrs. Cartwright then amended her motion "to pay overtime for the police person" and then added "for the time of the party". Mr. Paul agreed. Mr. Williams said his impression Council has the right to accept or reject any individual request for use of facilities and add conditions, Chief White noted the pay in question would be $23 per hour. ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 10. pUBLIC HEARING - None Regular City Council Meeting  ugust 12, 1998 age Six 11. INTRODUCTION OF NEW BUSINE$~ FBOM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Bob Ashcroft, 785 George Street, Sebastian, discussed future streets listed in the Comprehensive Plan, noting that there is no mention of the extension of Fleming Street to US 1. He said the City Manager had told him he would look into it and get it into the plan. 12. COMMITTEE REPORTS/RE COMMENDATI O~I$ Mr. Paul advised Council that an alternate needed to be appointed to the Treasure Coast Regional Planning Council, and stated that he was unable to attend next weeks' meeting. Mr. Neuberger volunteered to be the alternate, however, said he would not be able to attend either. 98.154 Co~1¢ i~rfforcement Board 1. Accel>[ p~¢signation of Joe Oenerazio (City C]~rk Transmittal 7/28/98, Letter 7/23/98) MOTION by Sullivan/Wininger I would move to accept the resignation with regret. VOICE VOTE on the motion carried 5-0. ~8.037 Recreation Advisory Board 1. Accept Resignation of D~l¥id Nisbet (City Clerk Transmittill 7/28/98, Letter 7/15/98) MOTION by Wininger/Neuberger So moved. (Mrs. Sullivan added "with regret") VOICE VOTE on the motion carried 5-0. 13. OLDBU$INESS 98.141 Ao Request from L,I. Tree Servi~, Richard Fey, President - Refund o. fSjte Plan Application Fee - l)~ferred from 7/22/98 (City M0nager Transmittal 8/6/98, Fey LetI~r 6/6/98) The City Manager advised that no cover letter had been located, nor did Mr. Massarelli remember a call from Mr. Fey requesting postponement; and advised that it was up to the discretion of Council to give a full refund, a partial refund, or no refund. Mrs. Wininger recommended establishment of a policy. MOTION by Neuberger/Sullivan I would like to make a motion that Mr. Fey be refunded $500, the City will retain $250 to charge toward services rendered by the City. ROLL CALL: Mrs. Wininger - nay Mrs. Cartwright - nay Mr. Neuberger - aye Mr. Paul - nay Mrs. Sullivan - aye MOTION FAILED 2-3 (Wininger, Cartwright, Paul - nay) 6 egular City Council Meeting ugust 12, 1998 Page Seven 98.102 98.155 MOTION by Wininger/Neuberger I would move to refund half the amount that Mr. Fey is requesting which would be $375. ROLL CALL: Mrs. Cartwright - nay Mr. Neuberger - aye Mr. Paul - nay Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 3-2 (Cartwright, Paul - nay) Mayor Sullivan called recess at 8:20 p.m. and reconvened the meeting at 8:30 p.m. All members were present. 14. NEW BUS!NESS Approve SunT~ Bank Paving Loan Bid (Gas Tax Re¥~l~¢ Bond) and Authorize City Manager to Yqaiyo Bid procedures and Contract with ]30nd Counsel for Document P_~llar0,tion (Finance Director Transmittal 8/5198L SIJlIllxlary of Bid Information, 8/6/92 OUOte ) The Finance Director gave a brief presentation. MOTION by Neuberger/Wininger I move to approve the SunTrust bid, and authorize the City Manager to waive bid procedures and contract with Bond Counsel for the specified amount to prepare the documents in the amount of $7,500. ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwdght - aye MOTION CARRIED 5-0 B. Formation of Charter Review Committee (No The City Manager suggested adopting an ordinance for a charter amendment to establish a committee and regular charter review process. TAPE II - SIDE I (8:50 p.m.) 7 egular City Council Meeting ugust 12, 1998 Page Eight 98.156 C. Mrs. Wininger asked "I would like the City Attorney to write an ordinance for us so that we can place this matter on the ballot in March for the establishment of a charter review commission to periodically, and I would need the consensus of Council, I'm going for seven years, I think Mrs. Cartwright said ten and someone else said five, every seven years to review the charter." Mrs. Cartwright asked that she take out the time frame for now and Mrs. Wininger agreed. Mrs. Sullivan SECONDED at this time. Mrs. Wininger said she had not yet made a motion, but did so at this time with the addition of"I would like something by the next meeting." Mr. Williams said he can come up with a proposed format asking appropriate questions that Council might want to consider in forming the committee, but could not draft an ordinance until directed on what to put in it. The City Manager suggested a workshop on September 2 for review. MOTION and SECOND were amended to withdraw a draft ordinance and prepare for the workshop on September 2. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye MOTION CARRIED 5-0 Purchase of Tolo._Or~erlsmaster for Golf Course from Hector Turf, Deerfield Beach at GSA Conlra~l~lice of $15,181.32 (Asst. to City Manager/Purchasing Transrlliltal 7,/28/9~, Budget Page) Discussion took place on Golf Course equipment replacement, whether ISS was to provide equipment in accordance with its contract, and the fact that the equipment is purchased with enterprise funds. MOTION by Neuberger/Cartwright I'd like to make a motion for approval for $15,181.32. ROLL CALL: Mrs. Sullivan - nay Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye MOTION CARRIED 4-1 (Sullivan - nay) ¢gular City Council Meeting ugust 12, 1998 Page Nine 98.157A/ D. 97.156 98.157B/ E. 97.156 Approve First Amendment to Agreement with St. Johns.l~iY~r ~Yoter Management District tO Ext~t~,t ~ontra¢t 97W278 for Main Street Baffle Box and Filtration System to 1/9/99 (Acting Public Works DJr~ct0r/City Engineer Transmittal 7/24/98, Amendment) The City Engineer gave a brief presentation. MOTION by Neuberger/Cartwright I move to approve amendment to Contract #97W278 with St. Johns River Water Management District extending contract to January 9, 1999. VOICE VOTE on the motion carried 5-0. Approve Contract No. WM701~ ~Ji~ll D~:partment of Environmental Protection for Stormwater Improvements and AtllhQrjz¢ City Manager to Execute (Acting Public Works Director/Cio Engineer Ira~tllittal 7/22/98, Contract) The City Engineer gave a brief presentation on the contract originally begun in 1996 by John Hill, Craven Thompson; and exhibited the City's obligations under this contract and budget for the projects (see transmittal attached). The City Engineer stated references to Craven Thompson can be removed in certain instances. The City Engineer assured Council that the former City Attorney had approved the contract; and agreed that plans should be drawn up showing the project area. It was noted there was a bound book which had plans for the projects. MOTION by Cartwright/Neuberger i move to approve Contract No. WM708 with the Department of Environmental Protection and authorize the City Manager to execute said contract. ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 eugUlar City Council Meeting gust 12, 1998 Page Ten 98.157C/ F. 97.156 Approve Suppl~rrl¢latal #9 with Masteller & Meier ContractXor Engineering Services for Px¢{:onstmction of Elkcam Dam in tim Amgtmt of $66,315 (Acting Public Works DirectoffCity Engineer Transmittal I}[~[98, Supplement) TAPE II - SIDE II (9:37 p.m.) MOTION by Paul/Cartwfight I move to approve Supplemental Agreement #8 with Masteller & Meier for $66,315. ROLLCALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 98.15o G. Appropriate Eun~l~_from Undistributed Non-Departr~r~tal Account and Authorize City Manager Execute Contra~t/yith Solin and Associates, Inc. for Re¥iCw and Revision of Revised Land Development Cod~ (City Manager Transmittal 8/6]98. Proposed Contract) The City Manager gave a brief presentation. MOTION by Sullivan/Neuberger I would move approval of the proposed contract with Les Solin and Associates, and authorize the City Manager to execute the contract and approve funding for the contract from the undistributed non-departmental account in an amount not to exceed $34,000. ROLLCALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye MOTION CARRIED 5-0 10 egular City Council Meeting ugust 12, 1998 Page Eleven 98.025 H. 98.089 I. Approve C.R, [M~L~llan Annual Culvert InstallationContract Work Orders 40-45 in the Amount of $45272.75 (Acting Public Works Dircctor/Ci~ l~ilgineer Transmittal 8/4/98) The City Engineer said these are fixed unit prices and vary depending on what the needs are. MOTION by Neuberger/Cartwright I move to authorize Work Order #40 through #45 to C.R. McLellan in the amount of $45,272.75. ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 First P~O~t~g of Ordinance No. 0-98-10 - Cod; ~,aforcement Procedures - Set Public Hearilag rgb- September 9..1.99~ (CiW Manager Transmittal 8/6/98~ O-9~- 10) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING A PORTION OF CHAPTER 2, ARTICLE VI, DIVISION 2, OF THE CODE OF ORDINANCES, PERTAINING TO TIlE CODE ENFORCEMENT BOARD; PROVIDING FOR PRESENTATION OF CASES TO THE CODE ENFORCEMENT BOARD BY A MEMBER OF THE FLORIDA BAR; PROVIDING FOR THE RECOVERY OF ALL COSTS INCURRED IN PROSECUTING CASES BEFORE THE CODE ENFORCEMENT BOARD; PROVIDING FOR THE ISSUANCE OF CODE ENFORCEMENT CITATIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, The City Attorney read Ordinance No. 0-98-10 by title only. Following a lengthy discussion and input from Council members on proposed changes, TAPE III - SIDE I (10:25 p.m.) the City Manager suggested this ordinance be deferred to the August 19, 1998 workshop after the false alarm ordinance. City Council concurred. 11 egular City Council Meeting ugust 12, 1998 Page Twelve 98.046 J. 9&158 K. MOTION by Cartwfight/Sullivan I move to extend the meeting to 11 pm. ROLL CALL: Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - nay Mrs. Sullivan - aye MOTION CARRIED 4-1 (Paul - nay) Mrs. Wininger was excused at 10:30 p.m. Change Order for Asphalt l~cycling for Milling Dempsey and Braddock Streets for Ad~JJ.tJ.9llttl $7.773.52 to Existing Purchase Ol-fl~.(Acting Public Works Director/City Engkl.c. er Transmittal 7/24/98. City Manager Memo 7/23/98. City Engineer Memo 7/23/98, Change Or,let #) MOTION by Neuberger/Cartwright I'll move to approve change order with Asphalt Recycling for $7,773.52. ROLL CALL: Mrs. Cartwfight - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - absent MOTION CARRIED 4-0 Otle~tions Regarding the Answering 9f Questions on an Application to Be a Member of the Coll~truction Board (City Manager Trata~mittal 8/6/98, Application, CQ~I~ $~tion) Mr. Williams said the applicant is apparently representing that he misinterpreted the application question "Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state?" He said the code does not provide this as grounds for removal for cause, but Council can remove a member without cause by a vote of four Council members, but suggested Council give Mr. Smith the opportunity to be heard. Mrs. Cartwright asked "Tonight we could move to have a hearing whether or not to remove Mr. Smith without cause and we would schedule that as a heating." and Mr. Williams responded "That's the way I interpret it and then you would notify him of that." He noted that the application form is inconsistent with the code relative to removal for misrepresentation or omission of information on the application form. 12 ugular City Council Meeting gust 12, 1998 Page Thirteen 98.159 L. MOTION by CartwrighffNeuberger I move to have the City Clerk notify Mr. Smith of a special hearing on September 2 at 7:00 pm to determine whether or not to remove Mr. Smith from the Construction Board. VOICE VOTE on the motion carried 4-0. November and December City Council Meeting Sch~u!¢~ (City Clerk Transmittal 7/27/98, Calendars) MOTION by Cartwright/Sullivan I move to adopt November 4 and November 18 as the Regular Council Meetings in November, December 2 and December 16 as the second regular meeting in December. VOICE VOTE on the motion carded 3-1 16. Being no further business, Mayor Sullivan adjourned the Regular Meeting at 10:55 p.m. Approved at the ,1998, Regular City Council Meeting. Ruth Sullivan ... Mayor Kat-~n~. ;'Hallo;an, CMC/AAE /J City Clerk 13 City of Sebastian, Florida Subject: Department of Environmental Protection for Stormwater Improvements, Contract # WM708 Approved for Submittal by: Thomas Frame, City Manager Exhibits: Contract No. WM708 Agenda NO. ~3-/~'7 ~) Department Origin: Public Works Martha Campbell, Acting Director Date Submitted: For Agenda of: 7/22/98 8/12/98 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A ~UMMARY The long awaited contract with the Department of Environmental Protection (DEP) has finally been settled and is attached for the Council's approval. The scope of this contract will be for the relocation of Elkam Dam, installation of best management practices for stormwater at Main St. culvert outfall, Stonecrop, and Lower Joyhaven basins. Additionally, the contract provides for water quality monitoring, water quality modeling, and education and public outreach campaign. The City, as the contractor, will be obligated to implement these programs at a contract cost of $915,400 with $530,000 being provided by EPA 319 funds. In addition to EPA grant funds, the City has a subcontract with St. Johns River Water Management District for $100,000 that will go toward these projects. Brevard Teaching and Research (BTR) Labs has committed $9,200 of in- kind services for a total of $ 639,200 grant sources. The final cost to the City will be $276,200. The City's proposed FY99 capital program reflects the funding sources and expenditures budgeted for these projects.. RF.~QMMF~DED ACTION Move to approve Contract No. WM708 with the Department of Environmental Protection and authorize the City Manage to execute said contract.