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HomeMy WebLinkAbout09231998 (2)98.155 98.119 98.167 10. 11. 12. 13. 14. CON~I~NT 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. A. Approval of Minutes - 9/9/98 Regular Meeting, 9/10/98 Special Meeting pUBLIC HEARING - None INTRODU~71]ON OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker CO. M3JJTTEE REPORTS/RECOMMENDATIONS OLD ~US!NESS First Reading - Ordinance No. 0-98-13 - Propga~d CJ;t~lrtef.~Amendment for Establishment of Charter Review Committee - S~[ l~l~bli~ Hearing for 10/14/98 (City Clerk Transmittal 9/17/98, 0-98-13) 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 V OF THE CITY CHARTER TO PROVIDE FOR THE APPOINTMENT OF A CHARTER REVIEW COMMITTEE; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TiME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHINO THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE TIIE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDINO FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. First R~ading - Ordinance No. 0-98-14 - Establishhag l~ll~g.~I [levi?w Advisory Board - Set Public Hearing for 10/14/98 (City Clerk_TfillLslllittal 9/17/98, O-98-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHINO A BUDGET REVIEW ADVISORY BOARD; PROVIDINO DUIIES AND RESPONSIBILITIES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIEICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFI;~ECTIVE DATE. Co Resolution No. R-98-43 - Community C~r~ter/Yacht Club Policies/Procedures Amendment (City Clerk Transmittal 9J17/98, ~-98-43) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO Tim USE OF THE SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACHT CLUB, AND CITY COUNCIL CHAMBERS; PROMULGATING RULES AND PROCEDURES FOR USE OF SUCH FACILITIES; PROVIDING FOR THE COLLECTION OF RENTAL FEES, SECURITY DEPOSITS, AND OTHER CHARGES; PRECLUDING THE USE OF THE FACILITIES FOR COMMERCIAL PROFIT GENERATINO ACTIVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWIItt; AND PROVIDING FOR AN EFFECTIVE DATE. 2 98.170 98.171 98.093 98.172 98.173 98.118 98.174 98.175 98.176 98.177 98.178 98.179 Renew Type S-3 Asphalt Contracts (Final Renewal) with Ranger Construction Industries and Dickerson of Florida, Inc., and MacAsphalt, a Division of APAC When Ranger Cannot Supply Asphalt (Public Works Transmittal 9/16/98, 10/22/97 Council Minutes) Temporary Employment Agreement - Angie Jones, Civil Engineer - $31,532.80 Per Annum for One Year with Option to Extend with Council Approval (Public Works Transmittal 9/15/98, Civil Engineering Support, Jones Resume) Approve Change Order # 1 to Ranger Construction Contract for Community Development Block Grant Project in the Amount of $29,538 (Public Works Transmittal 9/16/98, Change Order) Approve Interlocal Agreement with Indian River County to Receive Transportation Impact Fees for Widening and Safety Improvement to the Barber Street Bridge Over Elkcam Waterway (Public Works Transmittal 9/1/98, Proposed Agreement) Waive Bidding Requirement for Finance Department Financial System Hardware and Software Purchases in the Amount of $66,225 - Sole Source - Appropriate $4,500 in the Finance Department, $5,700 in the Human Resources Department and $500 in the City Manager's Department (Finance Director Transmittal 9/17/98, Justification, Networked Solutions Quote) Legal Services/City Attorney Proposals - Establish Format and Procedures for 10/3/98 Interviews (City Clerk Transmittal 9/17/98, Schedule, Proposed Questions and Rank Form) Waive Bidding Procedures to Replace Track and Carriages on Existing Growth Management Department Mobile Track Filing System (Growth Management Transmittal 9/17/98, Quotes) Exempt Employees' Benefits (City Manager Transmittal 9/17/98, List) Waive Bidding Procedures and Authorize Renting of Holiday Pole Lights from Clark Sales Display, Inc. (City Manager Transmittal 9/17/98, Purchase Requisition) Harry Thomas - Request to Use $1250 Anticipated Returns from Lion's Club 4th of July Funds for Expansion of Barber Street Fire Station (City Manager Transmittal Skateboard Park (Public Works Transmittal 9/17/98) Herbert Sturm - Citizen Committee (City Manager Transmittal 9/18/98) 15. CITY COU~iL MATTERS B. C. D. E. Mr. Larry Paul Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger 16. ADJOURN (All meetings shall adjourn at lO:30p, m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY TttE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS 3dEETING (OR HEARING) WiLL NEED A RECORD OF TIlE PROCEEDINGS AND MAY NEED TO ENSURE THA T A VERBATiM RECORD OF THE PROCEEDINGS iS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105F. S.) IN COlVtPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOM3dODATION FOR THIS lvlEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Meetings: SpecialMeeting (Interviews) - Saturday, October 3, 1998 ~ 9 am Regular Meeting - Wednesday, October 14, 1998 ~ 7pm Regular Meeting - Wednesday, October 28, 1998 ~ 7pm Public Forum - Thursday, October 29, 1998 ~ 7pm Regular Meeting - Wednesday, November 4, 1998 ~ 7pm Regular Meeting - Wednesday, November 18, 1998 ~ 7pm Regular Meeting - Wednesday, December 2, 1998 (~ 7pm Regular Meeting - Wednesday, December 16, 1998 ~ 7pm 4 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHF~T "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months SEPTEMBER 23, 1998 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSiNESS NOT OTHERWISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER Address: /'lO/ ~[}~[/,1~. ~) '"&ff'~"-- ]~'i- ~ ¢5" dO~O~& .~-'"3~, _C_e~a_z~_i~ ........ [!~P__~_~.?~ .................................................... Address: ' . ~c ~t ~ ~ :,~ ,,:, Subject: ~ < c~. ..... -~.--~ Ti6~ ~---~---~ ~ ¢--o u ~d ............................................. Name: · ~' ' ' ' Address: I' '"~ " Subject: ~ LOUD Name: Address: Subject: ___abSz2 ..... ~....~._.~ .... l ............ ~ ................................. ~dco ~ P, Name: Address: Subject: Name: Address: Subject: Address: Subject: Name: Address: Subject: Address: Subject: Name: Address: Subject: Address: Subject: Name: Address: Subject: City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 23, 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. There was a moment of silence. RQLL CALL City Council Present; Mayor Ruth Sulliva,l Vice Mayor Manha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul St0ff Present: City Manager, Thomas Frame Acting City Attorney, Timothy Williams Chief of Police, Randy White City Engineer, Martha Campbell Finance Director, Janet Isman City Clerk, Katlu'yn O'Halloran Deputy City Clerk, Sally Maio eegular City Council Meeting ptember 23, 1998 Page Two 98.095 98.169 AGENDA MODIFICATIONS (_&I)DITIOBIS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of City Council members ~-97-21) None. PROCLAMATIONS, ANNO[J_NC~M_,ENTS AND/OR PRESENTATIONS A. Presentation of Plaques to Marlene Ulisky - Tree Ad¥isory Board and Joseph Flescher - Co~¢ E~,lforcement Board Neither recipient was present and the City Clerk will mail them. B. Presentation of Awar~ts to Sebastian Police Officers: Tom Poore, Jim Dixon. Jeff Chandler, Steve Marcinik and Bill Jursik Mayor Sullivan and the Chief of Police presented medals to Officers Poore, Dixon, and Chandler. Officers Marcinik and Jursik were unable to attend due to police duties. CITY~TTQRNEY MATTERS The City Attorney said the Code Enforcement ordinance will be ready 'for Council review at its next meeting; and suggested that a previous charter revision relative to tie votes in Council elections which was voted down be considered again, perhaps at the next meeting. CITY MANAGER MATTERS The City M,'mager said potential flooding has been addressed in the last few days due to recent heavy rains and impending stones; responded to an anonymous letter relative to Neglia and Bonar code enforcement violations. CONSENT A~ENDA 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 &Minutes - 9/9/98 Regular Meeting, 9/10/98 Special Meeting The City Manager read the consent agenda. 2 eegular City Council Meeting ptember 23, 1998 Page Three Mayor Sullivan removed 9/10/98 page 3, paragraph 4, add to last sentence ", on the citizen's budget conmfittee recommendations, and on Mr. Neuberger's questions" MOTION by Sullivan/Neuberger I would move approval of the minutes of 9/9/98 and 9/10/98. VOICE VOTE on the motion carried 5-0. 10. !~U_~I~iC HEARING - None 11. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC WTtich is not otlterwise on the age. da - si&,~-up required - limit of l¢~t mim~t~:s for each speaker The following individuals addressed City Council: Rolf and Alida Hirsh£eld, 68 Concha Drive, Sebastian, presented photos o£ a 24 foot wide city side culvert encroaching on their property and requested assistance from the City in fixing the problem. The City Manager recormnended the City pay £or half the cost of piping the ditch, pay to install a catch basin, with fmlding from the perimeter pipe program, give them excess fill, and have the property owner pay for labor. It was noted this item would have to go on a future agenda. Tony Belmonte, 994 Schumann Drive, Sebastian Louise Kautenberg, 973 Oswego Avenue, Sebastian Tut Counelly, 149 Kildare Drive, Sebastian Don Smith, 208 Poinciana Street, Sebastian TAPE I - SIDE II (7:47 p.m.) 12. COMMITTEE REPORTS/RECOMM ENDATIQ1N$ None. 13. OLD BUSINESS None. 3 egular City Council Meeting eptember 23, 1998 Page Four 14. NE~ BUSINESS 98.155 A. 98.119 B. First Reagljng - Ordinance No. O-98-13 - Prgp~.~C[ Charter Amendment for Establish/lib:tit ~f ~harter Review Conmfittee - Set Public Hearing for 10/14/98 (_City (21erk Transmittal 9/17/98, O-98-13) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN OP, DER TO AMEND ARTICLE V OF THE CITY CHARTER TO PROVIDE FOR THE APPOINTMENT OF A CHARTER REVIEW COMMITTEE; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR tlOLDING SUCH ELECTION; ESIABLISitIN(3 THE FORM OF THE BALLOI FOR SUCH ELECTION; DIRECTING TI IE CITY CLERK TO PROVIDE ItlE SUPEP, VISOR OF ELECTIONS WIIH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDINO FOR AN EFFECTIVE DATE. The Acting City Attorney read Ordinance No. 0-98-13 by title only. MOTION by Wininger/Sullivan I move to accept the first reading of Ordinance No. 0-98-13 and schedule the second reading, public hearing and final adoption for October 14, 1998. ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 First Reading - Ordinance No. O-98-14 - Establishing Budget Review Advi~gry Board - Set Public Hearing for 10[ 14/98 l~City Clerk Transmittal 9/17/98. 0-98-14) AN ORDINANCE OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A BUDGET REVIEW ADVISORY BOARD; PROVIDING DUTIES AND RESPONSIBILITIES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT I.IEREWITH; PROVIDINO FOR CODWICATION; PROVIDING FOR SEVERABILITY; AND PROVIDINO FOR AN EFFECTIVE DATE. The Acting City Attorney read Ordinance No. 0-98-14 by title only. MOTION by Cartwrigbt/Wininger I move to accept the first reading of Ordinance 98-14 and schedule the second reading, public hearing and final adoption for October 14, 1998. 4 egular City Council Meeting eptember 23, 1998 Page Five ROLL CALL: Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright - aye - aye - aye - aye - aye MOTION CARRIED 5-0 98.167 ge~olutioa No. R-98-43 - Community Center/Yacht Club Policies/Procedures Amen~l~llt_l~Ci~ Clerk Transmittal 9/! 7[98, t~z98-43) A RESOLUTION OF Till: CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAININO TO THE USE OF THE SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACHT CLUB, AND CITY COUNCIL CHAMBERS; PROMULGATING RULES AND PROCEDURES FOR USE OF SUCH FACILITIES; PROVIDING FOR iHE COLLECTION OF I~ENTAL FEES, SECURITY DEPOSITS, AND o'rHER CHARGES; PRECLUDING IH~E USE OF THE FACILITIES FOR COMMERCIAL PROFIT GENERATING ACTIVITIES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF I~ESOLUTIONS IN CONFLICT HEREWITt I; AND PROVIDING FOR AN EFFECTIVE DATE. The Acting City Attorney read Resolution No. R-98-43 by title only. The City Manager reviewed the amendments. MOTION by Neuberger/Cartwright I'd like to make a motion to adopt Resolution No. R-98-43 as written. VOICE VOTE on the motion carried 3-2 (Paul, Wininger - nay) 98.170 Renew Type $-3 Asphalt Contracts (Final R~encwal)_with Ranger Construction Industries Md Dickerson q.f Florida, Inc., and MacAsph~llt, a Division of APAC When Ranger ~o. nlnQt Supply Asphalt (PuNk: WorksTransmittal 9/16/98. I0/22/97 Council Minutes) MOTION by Wininger/Paul I move to renew the asphalt contract for one year for Type S-3 asphalt picked up by the City with Ranger Construction Industries and Dickerson of Florida, Inc. and MacAsphalt, a division of APAC when Ranger carmot supply the necessary asphalt to the City. ROLL CALL: Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye MOTION CARRIED 5-0 oiegular City Council Meeting eptember 23, 1998 age Six 98.171 E. Ten~grory gmgl_oyment Agreement - AngieJon¢~, Civil Engineer - $31,532.80 Per Am~um for One with Option to Extend with Cglmcil Approval (Public Works Transmittal 9./15/98, Civil l~rlgiaeering Support, Jones Resum¢3 The City Engineer justified her request and discussion followed. MOTION by CartwrightdNeuberger I move to deny the request and keep Angella Jones, civil engineer, in her position for a minimum of three months and then to reevaluate. VOICE VOTE on the motion carried 5-0. Mayor Sullivan called recess at 8:30 p.m. and reconvened the meeting at 8:45 p.m. All members were present. 98.093 F. Approve Change Order # I [9 Ranger Construction Contract for Comm~mil:y Development Block Grant Projg_~t in the Amount of $29,538 (Public Wgrks Transmittal 9/16/98, Change Order.) Joe Miller, CRA Engineering, explained the change order and reconunended approval. TAPE II - SIDE I (8:50 p.m.) Discussion followed. It was reconunended that CRA contact FPL regarding the Yacht Club driveway cut. MOTION by Cartwright/Paul I move to approve the Change Order # 1 to Ranger, Inc.'s contract for the CDBG project in the amount of $29,538. ROLL CALL: Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 6 gRegular City Council Meeting eptember 23, 1998 Page Seven 98.172 G. t73 H. ~_pprov¢ l. nterlocal Agreement with Indian River Comity ~O Receive Transportation Impact Fees for Bqdening and Safety Improvem~nl: ~;Q_t.h¢ B~bor Street Bridge Over Elkcam Waterway (Public_. Works Transmittal 9/1/98, Propo~ocl Agreement) The City Manager noted that the agreement had been revised by Indian River County and the revision was distributed to Council prior to this meeting. MOTION by CartwrighffNeuberger I move to approve the revised Interlocal Agreement between Indian River County and the City of Sebastian for widening and safety improvements to the Barber Street Bridge over the Elkcam Waterway. ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 Woiv~ Bidding Requirement for Finance Depa, r~m~n~ Financia!l..$.ystem Hardware and Software Purchases in the Amount of $66.225 - Sole Source- Appropriate $4,500 in the Fin__ance Deparlm¢uL $5,700 in the Human Re~oorces Del2artment and $500 in the City Managcr'~ Department (Finance Director Transmittal 9/I 7./98, Justification, Networked Solulion~ Q~ote) The Finance Director justified the request. MOTION by Paul/Sullivan I move to waive the bid requirements on the Computer Center Software and Networked Solutions quotes, and appropriate fm~ding for the hardware and software purchases and so amended to add they are sole source. ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Regular City Council Meeting September 23, 1998 >age Eight 98.118 I. Legal Services/City A_ttorn.,ey proposals - Establish FolI~iat and Procedures for 10/3/98 Illterviews (City Clerk Transmittal 9/17/98, Schedule. Plol~osed Questions and Ran~ Fo_rtrl) Tut Com~elly, 149 Kildare Drive, Sebastian, requested Council allow public input on October 3, 1998, however, Council did not concur but stated the meeting is open for the public to attend. MOTION by Sullivan/Cartwright I move to retain the forms provided by the City Clerk for purpose of ranking of the attorneys and approve her format for interviews. VOICE VOTE on the motion carried 5-0. 98.174 Wajv_¢ Bidding Procedures to Replace Track and Carriag¢;~ on l~.xisting Growth ManagCrrlcnt Department Mobile Track Filing $Tstem (Growth Management Transmittal 9/17/98~ Quote~) MOTION by Neuberger/Wininger I move to waive the sealed bid requirements of the purchasing ordinance and authorize the services of Ltmdia of Eastern Florida in the amount o£ $11,755.27 and authorize the appropriation for the payment of services to come from the undistributed non-departtnental account. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye MOTION CARRIED 5-0 98.175 K. Exempt Employees' Benefits (City M~!n~ger Transmittal 9/17/98, List) MOTION by Cartwright/Paul I move to approve and authorize the payment of the satne 1% adjustment, October 1, 1998 and April 1, 1999, for the exempt employees along with the $50 per month adjustment for the exempt employees and for the charter officers. It was noted that no other salary increases have been approved by Council for exempt employees at this time. The City Manager said he will bring back other salary issues for exempt employees for Council direction. ROLL CALL: Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye MOTION CARRIED 5-0 8 pRegnlar City Council Meeting eptember 23, 1998 age Nine 98.176 L. }8.177 M. Waive Bidding Prgq:edlJr~:s and Authorize Renting of Holiday_Pole Lights from Clark Sales Display, !nc. (City Manager Transmittal 9/17/98, Purchase l~qui~ition) The City Manager was requested to look into placement of lights at the major intersections on CR 512. He said he would approach Indian River County and report back to the Council. MOTION by Cartwright/Neuberger Imove to waive the normal bid procedures and authorize the renting of holiday pole lights from Clark Sales Display, Inc. and ask the City Manager to look at the addition of the decorations to CR512. ROLL CALL: Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 Harry Thomas - Request to Usa $12~Q A~ticipated Returns from Lion'~ Club 4th of July Funds for Expansion of Barber $Iree~ Fire Statiun (City Manager Transmittal Harry Thomas, 654 Balboa Street, Sebastian, stated he was withdrawing his request for city funding and will go before the Lions Club due to his recent -knowledge of the agreement between the City and the Lions Club. He did request a sign from the City to display the amount of donations, and noted a fund has been established at Indian River National Bank. TAPE II - SIDE II (9:36 p.m.) Discussion took place on the County's request for ownership of the fire station, which the City Manager said he will bring to the next meeting. The Acting City Attorney said he did not see any problem with the City building a sign for the organization since it is performing a public service. Louise Kautenberg and Sal Neglia addressed Council on the item. 9 egular City Council Meeting eptember 23, 1998 Page Ten MOTION by Cartwright/Neuberger I move to delete the item off the agenda at the request of Mr. Thomas. VOICE VOTE on the motion carried 5-0. 98.178 N. Skateboard Park (Public Works Trtlrl~Ini~tal 9/]7/98) The City Manager reconunended direction to investigate options and seek alternative locations to Barber Street Sports Complex. It was suggested he solicit conunents from vendors to utilize in the development of an RFP. MOTION by Wininger/Neuberger I move to direct staffto make further investigation into the options available and alternative location that could be considered for the development of a skate board park within the city. VOICE VOTE on the motion carried 5-0. 98.179 O. Herbert Stunn - Citizen Committe~ ((~it~ Manager Transmittal 9/18/98) The City Manager suggested formation of a citizen conunittee to review Herbert Sturm's issues, and said for the record he was not promoting an investigation of the Police Department. TAPE III - SIDE I (10:20 p.m.) Herbert Sturm, 549 Saunders Street, Sebastian, cited 112.532 F.S. regarding investigations. He said he would abide by the committees' decision if they ascertain the truth of the matter in accordance with statutes. MOTION by Paul/Cartwright I move to extend the meeting one half hour. Discussion followed. ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - nay MOTION CARRIED 4-1 (Wininger - nay) 10 City Council Meeting September 23, 1998 Page Eleven 15. 16. Vice Mayor Wininger was excused at 10:30 p.m. Chie£White said 112.532 is the Police Officers' Bill of Rights and is in place to protect police officers and it is not a procedure which requires investigation. Attorney Williams concurred with Chief White relative to 112.532; and said City Council can appoint any kind of fact finding committee. MOTION by Cartwright/Paul I move to establish a three person review co~mnittee to do a fact finding on the Herb Sturm matter from 1995 forward. ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - nay Mrs. Wininger - absent Mrs. Cartwright - aye MOTION CARRIED 3-1 (Sullivan - nay) The City Manager said he would confer with the City Attorney on how to proceed and come back with a report at the next meeting. CITY COUNCIL MATTERS were not addressed and will be carried to the October 14, 1998 agenda. Being no further business, Mayor Sullivan adjourned the Regular Meeting at 10:55 p.m. Approved at the(/~~ Kathryn 1~. O'tlalloran, CMC/AAE City Clerk 1998, Regular City Council Meeting. Ruth Sullivan Mayor 11