Loading...
HomeMy WebLinkAbout10141998 City of Sebastian 1225 MAIN STREET o $~A$~AN, F'LORIDA TEL, E?-HONE (~61) ~89-$330 o FAX SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 14, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda itents immediately prior to delib~,ration of the item by the City Council - limit often minutes per speaker (R-97-21) 1. CALL TO ORDER 2.. PLEDGE OF ALLEGIANCE- 3. INVOCATION/MOMENT OF SILENCE 5. AGENDA MOD!FI~A~LQ]~[~ £~DP!TIO~ AND/OR DELETIONS) Items not on the written agenda may be added onIy upon majority vote of City Council members (R-97-21) 6. ]~ROCLAMATIQN$, ANNOUNCEMENTS AND/OR PRESENTATIONS 7. CITY COUNCIL MATTERS (Not,4ddressed on 9/23/98) C, D. E, Mr. Larry Paul Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger 8. CITY ATTORNEY MATTERS 9. CITY MANAGERAM~TT~;RS 98.180 98.131 98.181 98.155 98.119 10. 11. CONSENT AGENDA All items on the co~ent 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 - 9/22/98 Special Meeting, 9/23/98 Regular Meeting, 10/3/98 Special Meeting Washington Birthday Party Request for Use of Community Center on 10/17/98 - 1 pm to 5 pm - 100 Persons - A/B Request - Contingent Upon Hiring Police Officer - Security Paid and Age Verified - (City Clerk Transmittal 9/21/98, Application) Co Sebastian Rotary Club Request to Sell Hotdogs and Soft Drinks in Riverview Park In Conjunction with Halloween Parade Co-Sponsored by County Recreation and Rotary on Saturday, October 31, 1998 from 1 pm to 3:30 pm (City Manager Transmittal 10/7/98) Sebastian River High School Band Request to Use East End of Riverview Park for Barbecue and Concert Fundraiser on Saturday, November 21, 1998 from Approximately 9 am to 4 pm (City Manager Transmittal 10/7/98, Wunderlich Letter) I~UBLIC HEARING Procedures for public hear#tgs: (R-97~21) · Mayor Opens ltearhtg · Attorney Reads Ordinance or Resolution StaffPresentation o Public Input - Limit ofl 0 Minutes Per Speaker o StaffSummation o Mayor Closes ltearing o Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the Record ~econd Reading,.Public Hearing. and Final Adop_tiouof Ordinance NOL O-98-13 , Proposed Charter Amendment for Establi~_hment of Charter Review Committee (City Clerk Transmittal 10/6/98,_ 0-9~-13.) 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 V OF THE CITY CHARTER TO PROVIDE FOR THE APPOINTMENT OF A CHARTER REVIEW COMMITTEE; PROVIDING FOR II-IE 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 TIlE CITY CLERK TO PROVIDE TIIE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 9/23/98, Advertised Legal 9/30/98, PH 10/14/98) Second Reading& Public Hearing and Final Adoption of Ordinance No. 0-98,14 - Establishing Budget Review Advisory Board (City Clerk_Transmittal 10/6/98.0-98-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A BUDGET REVIEW ADVISORY BOARD; PROVi]DING DUTIES AND RESPONSIBILITIES; PROVIDING FOR REPF)~L OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODWICATION; PROVIDING FOR SEVERABILITY; AND PROVIDINO FOR AN EFFECTIVE DATE. (lst Reading 9/23/98, Adveflised Legal 9/30/98, PH 10/14/98) 98.097/ 98.168 98.183/ 97.066 98.092 98.184 Do &clopt Resolutjo.n No. R-98-46 Capital Impro¥~ment Budget Ad.[ustment to Include Expansion of Riverview ]~ark (Public Works Transmittal! 9/24/98, R-98-46) A RESOLUTION OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, TO AMEND THE CAPITAL IMPRO~ PROGRAM AND BUDGET TO INCLUDE THE RIVERVIEW PARK EXPANSION; PROVIDING FOR RE~EAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Approve First Reaclirig of Ording!lce No. O-98-1~ - Amending 1997/1998 Fiscal Year Budget - 5ct Second Reaqling and Pub~ Hearing for October 28, 1998 (Finance Director Transmittal 10/8/98, O-98-15) AN ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR[DA, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT FOR THE FISCAL YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS FOR THE GENERAL FUND, EXHIBIT "A'; CDBG FUND, EXHIBIT "B"; DEBT SERVICE FUND, EXHIBIT "C'; GOLF COURSE FUND, EXHIBIT "D"; AIRPORT FUND, EXHIBIT "E"; CEMETERY TRUST FUND, EXHIBIT "F'; LAW ENFORCEMENT CONFISCATED/ABANDONED TRUST FUND, EXHIBIT "0"; LAW ENFORCEMENT EDUCATION TRUST FUND, EXHIBiT "IF'; PUBLIC SAFETY EMPLOYEE TRUST FLrND, EXHIBIT "¥'; GENERAL GOVERNMENT EMPLOYEE TRUST FUND, EXHIBIT "J"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Approve First Reading of Ordinance l~o. O-98-16 - Amending 1998/1999 Fiscal Year Budget -Set Secom! Reading and publicHearing for October 28, 1998 (Finance Director Transmittal 10/8/98, O-911-16) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE BUDGET FOR TIIE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999; DETERMINING AND FIXING II-LE AMOUNIS NECESSARY TO CARRY ON THE GOVERNMENT FOR THE ENSUING YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS FOR THE GENERAL FUND, EXHIBIT "A'; CDBG FUND, EXHIBIT "B'; DEBI SERVICE FUND, EXHIBIT "C"; GOLF COUleE FUND, EXHIBIT "D"; AIRPORT FUND, EXHIBIT "E'; CEMETERY TRUST FUND, EXHIBIT "F"; LAW ENFORCEMENT CONFISCATED/ABANDONED TRUST FUND, EXHIBIT "G"; LAW ENFORCEMENT EDUCATION TRUST FUND, EXHIBIT "H"; PUBLIC SAFETY EMPLOYEE TRUST FUND, EXHIBIT 'T'; GENERAL GOVERNMENT EMPLOYEE TRUST FUND, EXHIBIT "J"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Approve First R~adLog of Ordjrlance No. O-9~l- 17 - Amencliug Allowed Culvert Materiill - Set Secol~d Reading and Public H~aring for 1 l/4/98 (Public Works Trarl~lnittal 10/1/911.0-98-17) AN ORDINANCE OF IHE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A- 10.2.H.6.i. OF ARTICLE X OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN RELATIVE TO MATERIAL SPECIFICATIONS FOR CULVERTS AND STORM SEWERS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWiTH; PROVIDiNG FOR SEVERABII.ITY; PROVIDiNG FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. 4 98.185 G. Authorize City Manager to Delete One Authorized Full-Time Communications Technician I Position and Establish Two Part Time Communications Technician I Positions (Chief of Police Transmittal 10/6/98) 98.186 H. Approve Purchase of John Deere Excavator 190E from Neff Machinery in the Amount of $99,923 (Public Works Transmittal 10/2/98, Warranty Letter, Catalog Available for Review in Clerk's Office) 98.114 I. Prior Approval for Reimbursement of Expenses for Councilmember Neuberger to Attend Advanced Institute for Elected Municipal Officials in Sarasota - November 13-15, 1998 in Accordance with State Limits (City Clerk Transmittal 10/8/98, Conference Information) 98.187 J. Authorize Use of Fuel Tech Inc. (Sole Source) for Removal and Replacement of Fuel Tanks at Airport in an Amount Not to Exceed $53,365 (City Manager Transmittal 10/8/98, Proposal) 98.188/ K. 96.118 Authorize City Manager and Police Chief to Proceed to Implement COPS-MORE '96 Grant by Purchase Computer Software and Hardware - Waive Bidding Procedures Based on Sole Source (Police Chief Transmittal 9/25/98, Waiver Justification, USA Software Quote, Hardware Vendors Quote) 98.189 L. Authorize City Manager to Transfer One Surplus 1993 Chevrolet Caprice Sedan to indian River County Emergency Services (Police Chief Transmittal 9/22/98, EMS Letters) 98,190 M. Authorize Staff to Proceed with Submittal of Paul Kroegel as Nominee for Great Floridian 2000 Award (City Manager Transmittal 10/8/98, Davies Letter) 16. 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) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL W1TtI RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF TItE 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. (286.0105F. S.) IN COMPLIANCE WITH THE AMERICANS W1Ttt DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS blEETING SHOULD CONTACT THE CITT 'S ADA COORDINATOR AT 589-5330 AT LEAST 48 IIOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Meetings : 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 ~ 7 pn, 98.155 PUBLIC HEARING SIGN-UP SHEET Second Reading, Public Hq~ring aod Final Adoption of Ordinance NO. O-98-13 - Proposed Charter Amendment for Establishment of Charter Review Conunittee AN ORDINANCE OF TI-IE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO TIlE ELECTORATE IN ORDER TO AMEND ARTICLE V OF THE CITY CHARTER TO PROVII)E FOR THE APPOINTMF. NT OF A CHARTER REVIEW COIvl/vlITTEE; PROVIDINO FOR IHE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF II-IE BALLOT FOR SUCH ELECIION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 9/23/98, Advertised Legal 9/30/98, PH 10/14/98) Nallle Address Name Address Name Ad&ess Nalne Ad&ess Name Ad&ess PUBLIC HEARING SIGN-UP SHEET 98.119 B. Second Reading. Public Hearing and Final Adoption of Ordinance No. O-98-14 - Esi0blisllil~g ~3ud~get Review Advisory Board (City Clerk Transmittal 10/6/98.0-98-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A BUDGET REVIEW ADVISORY BOARD; PROVIDING DUTIES AND RESPONSIBILITIES; PROVIDINO FOR REPEAl. OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HF. REWlTH; PROVIDING FOR CODIFICATION; PROVIDINO FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 9/23/98, Advertised Legal 9/30/98, PH 10/14/98) Name Address Name Address Name Address Name Address Name Address Name Ad&ess INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months OCTOBER 14, 1998 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA - LiMiT OF 10 MINUTES PER SP[L4KER Name: Address: Subject: · , ,/ ,. _ p,;ff3-- p:).C ?AKk~S Subject: ~ 'r~~, ' '~'~ .... ~3-"~27b'~'~""6;'~2~77~i~' ...................... Name: Address: Subject: Name: 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, OCTOBER 14, 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. ROLGCALL City C0~cil Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Stttff Present: City Manager, Thomas Frame Acting City Attorney, Clifton McClelland City Clerk, Kathryn O'Halloran Chief of Police, Randy White Finance Director, Janet Isman City Engineer, Martha Campbell Deputy City Clerk, Sally Maio oRegular City Council Meeting October 14, 1998 Page Two AGENDA MODIFICATIONS (ADDITIONS AJ~D_/OR Items not on the written agenda may be added only upon majority vote of CiO~ Council members (R-97-21) The Mayor requested the Filbert Street property matter be placed on the agenda. Mr. Neuberger withdrew item 15. I. Prior Approval for RePnbt~l'~gmCttlgf~,xpens6sfor Councilmember Neuberger to Attend Advanced lnstitute for Elecffd g4unfC_i, oal O, Oqcials in Sarasota. since he had already attended an advanced institute with a similar agenda. MOTION by Cartwright/Neuberger I move to add item 9A Filbert Street land and delete item I from the agenda. VOICE VOTE on the motion carried 5-0. pROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENT3I!Q_~$ None. CITY COUNCIL i~IA_TTER~ (Not Addressed on 9/23/98) A. Mr. Larry Paul Requested an October 28, 1998 agenda item regarding offering city computers being replaced to the Chamber of Commerce Expressed concern about the new tire store on US I not conforming to the Riverfront ordinance. The City Manager said he will report back. B. Mayor Ruth Sullivan Discussed Pelican Island Preservation Society trash bag dispensers at boat ramps to keep the spoil islands clean C. Vige LMiIyQt: Ma.rtba Wini~lger Suggested the exterior of City Hall be spruced up and that the Tree Board be utilized to improve landscaping Inquired why City Clerk Matters were not on the Council agenda Suggested the Police Dept. dispatch matter be placed onthe agenda for reconsideration, however, the Acting City Attorney advised that a Councilmember on the majority side of a previous vote would have to bring an item back on for reconsideration Thanked all who had sent cards to her oRegular City Council Meeting October 14, 1998 Page Three 98.083 D. h/lr~.l~Qlli~e Cartwri. ght Requested that Planning and Zoning Conmfission minutes be copied to Council members E. Mr. Chuck Neuberger Announced that Henry Greco is in Sebastian Hospital and doing well Discussed use of the City compound for trash. The City Manager said he will review the matter with Public Works. Expressed concern for excessive down time for public works equipment. The City Manager said he would report back. Reported that work being done near Main Street is not connected to Collier Club. CITY ATTORNEY MATTERS None. CITY MANAGER. MATTlgR~i A. [jJ.l~r~ Street Property MOTION by Sullivan/Cartwright I would like to make a motion now that we formally request the County Commission to trm~sfer the land at Filbert Street from the County to the City and the purpose would be for park use. She added "the purpose of the letter is to request the land and the City Manager can write it." VOICE VOTE on the motion carried 5-0. B. Other Matters Reported on the location of grant funded trees in Barber Street Sports Complex Said he would place the proposed code enforcement ordinance prepared by Attomey Williams on the October 28, 1998 agenda for first reading Said he would place the proposed charter amendment ordinance prepared by Attorney Williams on the October 28, 1998 agenda for first reading Received a consensus from Council to place Mr. Stringer's proposed legal services contract at a Special Meeting called by Mayor Sullivan on October 21, 1998 at 7 pm Discussed the FRDAP grant which appears later on the agenda Discussed air quality problems at the Police station and in the main City Hall building as reported by Dr. Wil Spank TAPE I - SiDE 11 (7:48 p. tn.) oRegular City Council Meeting October 14, 1998 Page Four 98.180 98.131 98.181 98.155 10. 11. CONSENT AGENI)A All items on t~te c~nser~t ag~nda are considered t~ be r~utine and will be enacted by ~ne m~ti~n. 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 - 9/22/98 Special Meeting, 9/23/98 Regular Meeting, 10/3/98 Special Meeting Washington Birthday Party Request for Use of Community Center on 10/17/98 - I pm to 5 pm - 100 Persons - A/B Request - Contingent Upon Hiring Police Officer - Security Paid and Age Verified - (City Clerk Transmittal 9/21/98, Application) Sebastian Rotary Club Request to Sell Hotdogs and Soft Drinks in Riverview Park In Conjunction with Halloween Parade Co-Sponsored by County Recreation and Rotary on Saturday, October 31, 1998 from I pm to 3:30 pm (City Manager Transmittal 10/7/98) Sebastian River High School Band Request to Use East End of Riverview Park for Barbecue and Concert Fundraiser on Saturday, November 21, 1998 from Approximately 9 am to 4 pm (City Manager Transmittal 10/7/98, Wunderlich Letter) The City Manager read the consent agenda. MOTION by Cartwright/Neuberger I move to approve all items on the consent agenda. VOICE VOTE on the motion carried 5-0. PUBLIC HEARING Segon~t !~eading, Public H~aring and Final Adoption of Ordinance No. 0-98-13 - Proposed Charter Amendm_erll; ~'9r_~abli~hmcrlt of Charter Re~/ew Committee (City Clerk Transmittal 10/6/98, O-98-13) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECIiON Ti/) SUBMIT A PdiFEI~.ENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE V OF THE CIIY CHARIER IO PROVIDE FOR THE APPOiNTMENT OF A CHARTER REVIEW COMMITTEE; PROVIDING FOR i}~ MANNER IN WI. IiCi t SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERViSOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOIICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DALE. (Ist Reading 9/23/98, Advertised Legal 9/30/98, PH 10/14/98) Mayor Sullivan opened the public hearing at 7:50 p.m., the Acting City Attorney read Ordinance No. O-98-13 by title, and the City Manager gave a brief explanation. 4 oRegular City Council Meeting October 14, 1998 Page Five 98.119 B. Mayor Sullivan closed the public hearing at 7:52 p.m. MOTION by Cartwright/Sullivan I move to adopt Ordinance 98-13. ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 Second Reading, Public Hearing and Final Adoption of Ordinance No. 0-98-14 - Establishing Budget Review Advisory Board (City Clerk Transmittal 10/6/98,0-98-14) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR[DA, ESTABLISHINO A BLrDGET REVIEW ADVISORY BOARD; PROVIDINO DUIIES AND RESPONSIBILIIIES; PROVIDINO FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICI HEREWIIH; PROViDINO FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDINO FOR AN EFFECIIVE DATE. (1 st Reading 9/23/98, Advertised L¢sal 9/30/98, PH 10/14/98) The Acting City Attorney read Ordinance No. 0-98-14 by title; Mayor Sullivan opened the public hearing at 7:55 p.m.; and the City Manager gave a brief explanation. A brief discussion of the appointment method took place. Mayor Sullivan closed the public hearing at 8:02 p.m. MOTION by Wininger/Paul I move to adopt Ordinance No. O-98-14. ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 ORegular City Council Meeting October 14, 1998 Page Six 12. INTRODUCTION OF NEW BUSINESS FROM THE 1tern that has occurred or was discovered within the previous six months and which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker The following individuals addressed City Council: · Don Smith, 208 Poinciana Street, Sebastian · Louise Kautenberg, 973 Oswego Avenue, Sebastian ° Fred Wininger, 106 Thunderbird Drive, Sebastian 13. COMMITTEE REPORTS/RECOMMENDATIONS 98.008 Board of Adjustment 1. Accept Resignation of Louis Nicolini (City Clerk Transmittal 10/6/98, Letter) MOTION by Wininger/Neuberger I move to accept the resignation of Louis Nicolini. VOICE VOTE on the motion carried 5-0. 98.154 Code Enforcement Board 1. Intep/Le~ ~loql Appoint Rcg~llilr Member Businessman Position (One Application, Member l~i~t, Advertisement) MOTION by Cartwright/Paul i move to appoint Dom~a Merritt to the regular person position, unexpired term to expire in March of the year 2000. VOICE VOTE on the motion carried 5-0. 98.182 Co Construction Board 1. Interview and Appoint Four Members as Follows: (City Clerk Tran~_~rlil~t~q[_l 0,/~_/9~, Faur Apglications, Member List, Advertisement) a. One_.Electrical Contractor - Term to Expire 9/30/2001 City Council interviewed Michael Holdridge. MOTION by Sullivan/Neuberger I would move reappointment of Michael Holdridge for the electrical contractor position. VOICE VOTE on the motion carried 5-0. 6 ORegular City Council Meeting October 14, 1998 Page Seven 98.016 14. 15. City Council interviewed Louis Nicolini. MOTION by Paul/Neuberger I'd like to make a motion that Mr. position of the HARV. VOICE VOTE on the motion carried 5-0. One HARV Contractor - Term to Exl~ire 2/~012001 Louis Nicolini is appointed to the Contractor c. One Alternat~_CQn!r.~ct0r - Term io Expire 9/30/2001 MOTION by Cartwright/Neuberger I move to appoint Scott Taylor one Alternate Contractor position term to expire 9/30/2001. VOICE VOTE on the motion carried 5-0 d. One Alternate Concerned Citizen - Term to Ex_pkr~ 9./30./.200! City Council interviewed Pierre Paquette. MOTION by CartwrighffPaul I move to reappoint Mr. Paquette to the Alternate Concemed Citizen position term to expire 9/30/2001. VOICE VOTE on the motion carried 5-0 Mayor Sullivan called recess at 8:28 p.m. and reconvened the meeting at 8:42 p.m. All members were present. OLD BUSINESS; - None NEW BUSINESS A. Ado~l; R~oltttion No. R-98-44 - Barber Street Tr~ld~ {~¢lll;¢r Final Plat (Growth Management/ Engineering TransmiR01 9/23/98, R-9B-44, Plat Under Separate Cover) A RESOLUTION OF TItE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS BARBER STREET TRADE CENTER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 7 Regular City Council Meeting October 14, 1998 Page Eight The City Engineer gave a brief presentation and recommended approval. The City Manager advised that the Acting City Attorney had requested an affidavit from the applicant regarding authorization for signature of the plat (see attached). The Acting City Attorney read Resolution No. R-98-44 by title only. MOTION by Neuberger/Wininger I move to approve Resolution R-98-44. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye MOTION CARRIED 5-0 98.168 Adopt Resolution No. R-9~-45 - AuIhorizing the Cily Man,'lger to Apply for Florida Recreation Development Assistance Program (FI~DAP) Grant (Public Works Transmittal 9/24/98, R-98-45) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AND AUTHORIZ, iNG TtIE CiTY MANAGER TO EXECUTE, APPLY FOR AND ADMINISTER, AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF SEBASTIAN, A I~ORiDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FPd)AP) GILadNT FOR THE EXPANSION OF RIVERVIEW PARK; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARIS OF RESOLtJTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The Acting City Attorney read Resolution No. R-98-45 by title. The City Engineer distributed a plat of the property and proposed conceptual plan. Discussion followed on the City Manager's advice that if the Council wanted to retain the marina concept it should seek other than FRDAP funding, TAPE II - SIDE i (8:50 p. tn.) funding alternatives, and the possibility of putting out an option purchase contract. MOTION by Paul/Sullivan I move to approve Resolution R-98-45 authorizing the City Manager to apply for a Florida Recreation Development Assistance Program Grant (FRDAP). Further discussion followed on ownership of the abandoned right-of-way. 8 Regular City Council Meeting October 14, 1998 Page Nine 98.097/ 98.168 98.183/ 97.066 ROLL CALL: Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul - aye - aye - aye - aye MOTION CARRIED 5-0 Adopt Resolution No, ]g-98-46 Capital Improvement I3~ldget Adjustment to Includef,~xpansion of giverview Park (Pu_~C Works Transmittal 9/24/98. R-98-46) A RESOLUTION OF THF CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, TO AMi;ND THE CAPITAL IMPROVEMENT PROGRAM AND BUDGET TO INCLUDE THE RIVERVIEW PARK EXPANSION; PROVIDING FOR REPEAL OF RESOLIJTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The Acting City Attorney read Resolution No. R-98-46 by title. MOTION by Paul/Cartwright I move to approve Resolution R-98-46 to amend the Capital Improvement Program and Budget. ROLL CALL: Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 &l~l~r9ve First Reading 9f Ordinance No. 0-98-15 - 3mending 1997/1998 Final Year Budget - Set Second Reading ancl_PIj10[ic Hearing for Octobqr ~8, 1998 (Finance Dir_,ec[or Transmittal 10/8/98, 0~98.15) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT FOR THE FLqlCAL YEAR; DETERMINING THE AMOUNT OF APPLiCABLE FUNDS ON HAND; ESTIMATING RECEIPTS FOR THE GENERAL FUND, EXHIBIT "A"; CDBO FUND, EXHIBIT "B"; DEBT SERVICE blJND, EXHIBIT "C"; GOLF COURSE FUND, EXHIBIT "D'; AIiLPORT FUND, EXHIBIT "E'; CEMETERY TRUST FUND, EXHIBIT "F"; LAW ENFORCEMENT CONFISCATED/ABANDONED TRUST FUND, EXHIBIT "G'; LAW ENFORCEMENT EDUCATION TRUST FUND, EXHIBIT "H"; PUBLIC SAFETY EMPLOYEE TRUST FUND, EXH/BIT 'T'; GENERAL GOVERNMENT EMPLOYEE TRUST FUND, EXHIBIT "J'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVI£ DATE. ~ Regular City Council Meeting October 14, 1998 Page Ten The Acting City Attorney read Ordinance No. 0-98-15 by title only. MOTION by Paul/Cartwright I move to accept the first reading of Ordinance No. O-98-15, amending the 1997/1998 fiscal year budget, and set the second and a public heating for Wednesday, October 28, 1998 at 7 pm in City Council Chambers. ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - nay Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 4-1 (Neuberger - nay) 98.092 P, pproYe First Reading of Ordinqnc¢ NO. 0-98-16 - Amending 1998/1999 Fiscal Y~:ar Budget-3et Second Reading and P~blicHearing for Qctober 28, 1998 (Finan~ Director Trat~smittal 10/8/98, 0-98-16) AN ORDiNANCE OF THE CITY COUNCIL OF 'FILE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,/I,ORIDA, AMENDING THE BU[Y,3ET FOR THE FISCAL YEAR BEGINNING OCTOBER I, 1998 AND ENDING SEPTEMBER 30, 1999; DETERMINING AND FIXING THE AMOUNTS NECESSARY IO CARRY ON THE GOVERNMENT FOR THE ENSUING YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS FOR THE GENEILM, FUND, EXHIBIT "A'; CDBG FUND, EX}t3[BIT "B'; DEBT SERVICE FUND, EXHIBIT "C'; GOLF COURSE FUND, EXHIBIT "D'; AiRPORI bUND, EXHIBIT "E"; CEMETERY TRUSI FUND, EXHIBIT "F"; LAW ENFORCEMENT CONFISCATED/ABANDONED TRUST FUND, EXHIBIT "G"; LAW ENFORCEMENI EDUCAIION TRUST FUND, EXHIBIT "H"; PUI3LIC SAirETY EMPLOYEE TRUST FLrlqD, EXHIBIT 'T'; GENERAL GOVERNMENT EMPLOYEE IRUST FUND, EXHIBIT "J'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The Acting City Attorney read Ordinance No. O-98-16 by title only. Mayor Sullivan distributed docmnents to Council relative to her concerns about attorney costs. The Finance Director advised that there were no operating expenses in this amendment. MOTION by Paul/Wininger I move to accept the first reading of Ordinance No. 0-98-16, amending the 1998/1999 fiscal year budget, and set the second and a public hearing for Wednesday, October 28, 1998 at 7 pm in City Council Chmnbers. ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 10 Regular City Council Meeting October 14, 1998 Page Eleven 98.184 F. Approve First Reading of Ordinance No. 0-98-17 - Amending Allowed Culvert M0tel'ial - Set Seconql Reading and Public Hearing for 11/4/98 (Public Works T[~ao~mi[tal. 10/1/98, 0-98-17) AN ORDINANCE OF THE cYrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A- 10.2.H.6.i. OF ARTICLE X OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN RELATIVE TO MATERIAL SPECIFICATIONS FOR CULVERTS AND STORM SEWERS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDINO FOR SEVERABILITY; PROVIDIN@ FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. The Acting City Attorney read Ordinance No. 0-98-17 by title. Discussion took place on the effect of this ordinance on existing contracts. TAPE II - SIDE II (9:35 p. m.) MOTION by Wininger/Paul I move to approve fl~e first reading m~d set November 4, 1998 as the second reading and public hearing for proposed Ordinance 0-98-17. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye MOTION CARRIED 5-0 98,185 G. &llthorize City Man3g~r ~;o Delete One Authorized F~lll-Time Communications Techaicjan I Position and Establish Two part Time Comm[mications Technician I Positigr~ {Chief of Police Transmittal 10/6/98,~ MOTION by Cartwright/Neuberger I move to authorize the City Manager to delete one authorized full time Communications Technician I position and establish two part time Cotnmunications Technician i positions in the police department, as requested. ROLL CALL: Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye MOTION CARRIED 5-0 11 Regular City Council Meeting October 14, 1998 Page Twelve 98.186 H. 98.114 I. 98.187 J. Approve Purchase of Jolm Deere Excavator 190E from Neff Machinery in the Amount of $99,923 {Public Worlq~_Trar3%n~i_tt~l 10/2/9[I, g(arra~ty Lelter, Catalog Available for Review in Clerk's Office) Terry Hill and a representative of Neff Machinery responded to questions from Council. MOTION by Wininger/Paul I move to approve purchase of John Deere Excavator 190E with Neff Machinery for $99,923 and direct the City Manager to negotiate a contract with the company to extend the warranty period for the length of time that this machinery is not usable during the one year parts and labor warranty period. ROLL CALL: Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul ~ aye Mrs. Sullivan - aye MOTION CARRIED 5-0 Prior Approval for R~imbursement Of Expenses for Councilmemb~ Neuberger to Attend Advanced Institute for Elected M~micipal Q t'ficial~ in Sar~qs0ta - November 13-15, 1998 in Accordance with State Limits (City Clerk Transmittal 10/8/98, Conference Information) Mr. Neuberger withdrew his request to attend due to prior attendance. Authorize Use of Fuel Tech Inc. (Sole Source) for Removal and Replacement of Fuel Tanks al Airport in an Amount Not to Exceed $53.~365 {City Manager Trat~smittal 10/8/98, Proposal) The City Manager noted that the option 3 can be reduced to about $4,000. MOTION by I move to declare an emergency based on the state mandated deadline for removal of fuel tanks and authorize the use of Fuel Tech Inc., as a sole source provider of services in amount not to exceed $53,000 of which we can deduct about $5,800 which is an amount not to exceed $48,000. ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 12 Regular City Council Meeting October 14, 1998 Page Thirteen 98.188/ K. 96.118 Aut, horjze CiW Manager and Police (2laief to Proceed to Implcrnent COPS-MORE '96 Grilrl[ bY Pur~:ha~e Computer Software ~d Hardware - Waive Bi~klj_ng Procedures Based on Sole $011rce ffolice Chief Transmit[~ll 9/7~5/98, Waiver Justifica[igr~, USA Software Ouote, Har~lware Vendors Ouote~ Mrs. Wininger was excused at 10:10 p.m. MOTION by Sullivan/Neuberger I move to authorize the City Manager and Police Chief to proceed in implementing the COPS-MORE '96 grant by pta:chasing the following items, as requested. 1. The Crime File 2000 software package, installation and training, as quoted, on a sole source basis from USA Software, Inc. at a total cost of $16,015 of which 75% ($12,011) will be paid by grant funds and 25% ($4,004) will be paid as local match from Forfeiture Funds. 2. The hardware package, network and installation, as quoted, £rom Computer Partners, Inc. at a total cost of $21,064, of which 75% ($15,798) will be paid by grant funds and 25% ($5,266) will be paid as local match from Forfeiture Funds. ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - absent Mrs. Cartwright - aye MOTION CARRIED 4-0 98.189 L. A~,~thorize City Manager to Transfer One Su[pk~s 1993 Chevrolet Capri!:q: ~¢dan to Indian River {2o[mW E~nergency _.Services (Police Chief Transmittal 9/22/98, EMS TAPE III- SIDE I (10:20 p.m.) MOTION by Neuberger/Sullivan i move to authorize the City Manager to arrange and complete an intergovernmental transfer of one surplus 1993 Chevrolet Caprice sedan, VIN #1GIBL5374NRI31420, from the City of Sebastian to the Indian River County Department of Etnergency Services, Emergency Medical Service Division. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - absent Mrs. Cartwright - aye Mr. Neuberger - aye MOTION CARRIED 4-0 13 Regular City Council Meeting October 14, 1998 Page Fourteen 98.190 M. Authorize Staff to Proceed wifl~ $~bnlittal of Paul Kroegel as Nominee ;for Qreal: Floridian 2000 Award (City Manager Tnlnsmittal 10/8/98, Davies Letter) MOTION by Sullivan/Cartwright I would move approval of authorizing staff to proceed with the submittal of Paul Kroegel as the nominee of tile Great Floridian 2000 award. ROLL CALL: Mrs. Sullivan - aye Mrs. Wininger - absent Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye MOTION CARRIED 4-0 16. Being no further bnsiness, Mayor Sullivan adjourned the Regular Meeting at 10:25 p.m. Approved at the ~_~~ , 1998, Regular City Council Meeting. City Clerk Ruth Sullivan Mayor 14