HomeMy WebLinkAbout04281999 City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, APRIL 28, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK
- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit often
minutes per speaker (R~ 99- 21)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. INVOCATION - Reverend Jim Wingate, Cornerstone Baptist Church
4. ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS ANI)LQR DELETIONS)
Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21)
6. PROCLAMATIONS. ANNOUNCEMI~$ AND/OR PRESENTATIONS
99.088 A.
Presentation of Certificates of Appreciation to Members of Boy Scout Troop 599 Traffic Control
Assistance During Business Expo at Riverview Park - Joseph Collins, David Albury, Brian
Barbour, Brian Collins, Michael Dean, Bryan Frank, and Adam Veidt
99.089 B.
Presentation of Certificates - Shirley Kilkelly and Clay Fielding - Former Tree Advisory Board
Members
99.090 C.
99.091 D.
99.092 E.
F.
Proclamation - Law Day - May 1, 1999
Proclamation - Municipal Clerks Week - May 2-8, 1999 - City Clerk, Kathryn O'Halloran Accepting
Proclamation - Tourism Week - May 2-8, 1999 - Jane Bishop and Loft Bums Accepting
Proclamation - National Nurses Week - May 6-12, 1999 - Inez Fielding, Florida Nurses Association
Accepting
99.083
99.084
99.085
99.094
99.065
99.009
99.089
8.
9.
10.
11.
12.
13.
14.
15.
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
CITY CLERK MATTERS
CITY COUNCIL MATTERS
A. Mr. Barczyk
B. Mr. Bishop
C. Mr. Majcher
D. Mayor Wininger
E. Vice Mayor Neuberger
ITEMS DEFERRED FROM THE APRIL 14.1P99 REGULAR MEETING
Wish List Meeting (City Manager Transmittal 4/5/99, 6/24/97 Wish List Minutes)
Quarterly Open Forums (City Manager Transmittal 4/5/99, Minutes Excerpts)
K. Town Hall Meeting (City Manager Transmittal 4/5/99)
CONSENT AGEND&
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of
consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 4/14/99 Regular Meeting
Bo
Approve Tentative 1999/2000 Fiscal Year Budget Calendar (Finance Director Transmittal 4/22/99,
Calendar)
PUISLIC HEARING - None
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign.up
required - limit often minutes for each speaker
COMMITT. I~E REPORTS/RECOMMENDATIONS
Choj~r Reyiew Committee
(City Clerk Transmittal 4/20/99, Resignation Letter, One Application)
1. Accept Resignation of Steven Munchak
2. Appoint One At-Large Member
Recreation Advisory Boar~l
(City Clerk Transmittal 4/20/99, Resignation Letter)
1. Accept Resignation of Nancy Pfister
Tree A~lyis0ry Board
(City Clerk Transmittal 4/19/99, 2 Applications, Member List, Ad)
1. Interview and Appoint to Two Regular Member Positions with Terms to Expire 4/2001
2
16. OLD BUSINESS
99.095
99.082
99.097
99.098
17.
C.R. McLellan Annual Culvert Contract - Approve Work Orders 1-4 m the Amount of $53,807.55
and Work Order 1 in the Amount of $22,553.55 - Deferred from 4/14/99 (City Manager Transmittal
4/21/99, McClellan Letter, Certificate of Liability, Certificate of Premium Payment, Engineering/
Public Works Transmittal 4/7/99, Work Orders)
NEW BUSILNI~$$
Re
First Reading of Ordinance No. O-99-03 - Amending Water Restriction Plan and Imposing
Permanent Water Use Restriction - Schedule Second Reading, Public Hearing and Final Adoption for
5/26/99 (City Attorney Transmittal 4/22/99, 0-99-03, Current Code)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF
SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDINO FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
Bo
First Reading of Ordinance No. 0-99-04 - Fiscal Year 1998/1999 Budget Amendment - Schedule
Second Reading, Public Hearing and Final Adoption for 5/26/99 (Finance Director Transmittal
4/21/99, Memo, 0-99-04)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
ADOPTING AN AMENDED, ADJUSTED AND REVISED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER
1, 1998 AND ENDING SEPTEMBER 30, 1999 AS PROVIDED FOR IN EXHJBIT "A", GENERAL FUND; EXHIBIT "B",
SPECIAL REVENUE FUNDS; EXHIBIT "C", DEBT SERVICE FUND; EXHIBIT "D", CAPITAL PROJECTS FLrNDS;
EXHIBIT "E", GOLF COURSE FUND; EXHIBIT "F", AIRPORT FIJND; EXHIBIT "O" TRUST FUNDS; PROVIDING
FOR SEVERABIL1TY; PROVIDING FOR CONFLICIS; AND PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. R-99-25 - Prohibiting Parking on East Side of Indian River Drive - Repeals R-97-67
(Police Chief Transmittal 4/28/99, R-99.25)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALINO RESOLUTION
NO. R-97-67, ESTABLISHING 'NO PARKING ON THE EAST SIDE OF INDIAN RIVER DRIVE' PURSUANT TO O-97-
55; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
Do
Resolution No. R-99-26 - Amendments to Communications Workers of America (CWA) Contract
(Human Resources Transmittal 4/21/99, R-99-26, Exhibits)
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE
MEMORANDUMS OF UNDERSTANDING TO THE COLLECTIVE BARGAINING AOREEMEIqT BY AND BETWEEN
TIIE CITY OF SEBASTIAN AND THE COMMUNICATIONS WORKERS OF AMERICA; PROVIDING ADDITIONS
AND CHANGES OF SUCH WORDING IN DUES DEDUCTION, IVlISCELLANEOUS PAID LEAVE, SICK LEAVE,
ANNUAL LEAVE, HOLIDAYS, PROMOTIONS, TRANSFERS, AND ADJUSTMENTS AND RETIREMENT
CONTRIBUTION IN THE CONTRACT AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Resolution No. R-99-27 - Amendments to Florida Police Benevolent Association (PBA) Contract
(Human Resources Transmittal 4/21/99, R-99-26, Exhibits)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE
MEMORANDUMS OF UNDERSTANDING TO THE COl J.F. CTIVE BARGAINING AGREEMENT BY AND BETWEEN
THE CITY OF SEBASTIAN AND THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC;
PROVIDING FOR CHANGES OF SUCH ANNUAL AND SICK ACCRUAL RATES IN THE CONTRACT AGREEMENT;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
3
99.100 G.
99.101 H.
99.102 I.
99.103 J.
99.104 K.
18.
Resolution No. R-99-29 - Tested Trades (Transmittal 4/22/99, R-99-29, Construction Board
Minutes)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LIST OF
TESTED TRADE TO INCLUDE UNLIMITED MASTER ELECTRICIAN; ESTABLISHING TERMS THEREFORE;
PROVIDINO FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
Transportation Enhancement Project - Authorize Staffto Prepare Application to Metropolitan
Planning Organization for Sidewalks and Education Trail (Public Works/City Engineer Transmittal
4/19/99)
Waive Sealed Bid Procedure and Authorize Staff to Negotiate Contract with Regan Masonry for
Concrete Work for One Year (Public Works/Purchasing Transmittal 4/16/99, Purchasing Agent
Letter and 3 Phone Quotes)
Discuss Golf Course Operation Proposal and Direct City Attorney Accordingly (City Manager
Transmittal 4/20/99, Proposal, Golf Professional Services Agreement Between City and Cerjan)
Discuss the Use of Filbert Street Property and Direct Staff Accordingly (City Manager Transmittal
4/22/99, Map of Property "Tract D")
Direct City Manager Re: Stillman Retaining Wall Reimbursement (City Manager Transmittal
4/22/99, Stillman Letter, MGB Construction Packet, Attorney Memo)
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 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, WItlCIt RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105F. 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.
Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings.
Upcoming Meetings:
Regular Meeting - Wednesday, 5/12/99 - 7 pm
Regular Meeting - Wednesday, 5/26/99 - 7pm
Regular Meeting - Wednesday, 6/9/99 - 7pm
Regular Meeting- Wednesday, 6/23/99 - 7pm
4
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
APRIL 28, 1999 REGULAR MEETING
USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE
PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER
Name:
Address: ' ~ ~ ~
Subject:
Name:
Address:
Subject:
Name:
Address:
Subject:
Address:
Subject:
Name:
Address:
Subject:
Name:
Address:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, APRIL 28, 1999 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAiN STREET, SEBASTIAN, FLORIDA
2.
3.
4.
Mayor Wininger called the Regular Meeting to order at 7:00 p.m.
The Pledge of Allegiance was recited.
Invocation was given by Sam Sutter, Cornerstone Baptist Church.
ROLL CALL
Cil~ Cotl0cil Present:
Mayor Martha S. Wininger
Vice Mayor Chuck Neuberger
Mr. Joe Barczyk
Mr. Ben A. Bishop
Mr. Edward J. Majcher, Jr.
Staff Present:
Interim City Manager, John Van Antwerp
City Attorney, Rich Stringer
City Clerk, Kathryn O'Halloran
Finance Director, Mark Mason
Chief of Police, Randy White
Public Works Director, Terry Hill
City Engineer, Martha Campbell
Human Resources Director, Rich Samolewicz
Deputy City Clerk, Sally Maio
Aegular City Council Meeting
pril 28, 1999
Page Two
AGENDA MODIFICAT. JONS (ADDITIONS AND/OR DELETIONS.}
Items not on the written agenda may be added only upon a majoriO, vote of City Council members (R-99-21)
Following discussion, Old and New Business on the agenda were amended by consensus of Council as
follows:
Old l~usiness:
A. 99.015 - C.R. McLellan Annual Culvert Work Orders 1-4 and Work Order 4
B. (Added) - City Manager Applicant Ranking
C. (Added) - Florida Commumties Trust Preservation 2000 Grant
NewBusiness:
A. 99.102-
A.1. 99.104-
B. 99.094-
C. 99.096-
F. 99.099-
G. 99.100-
H. 99.101-
Discuss Golf Course Operation Proposal and Direct City Attorney Accordingly
Direct City Manager Re: Stillman Retaining Wall Reimbursement
First Reading of Ordinance No. 0-99-04 Fiscal Year 98/99 Budget Amendment
Resolution No. R-99-25 Prohibiting Parking on East Side of Indian River Drive
Resolution No. R-99-29 - Tested Trades
Transportation Enhancement Project
Waive Sealed Bid and Authorize Staff to Negotiate Contract with Regan Masonry for
Concrete Work for One Year (this item was not addressed and deferred to 5/5/99)
The followillg jtvms were deferred to a workshop and special m~lJllg on May 5, 1999.
99.083 Deferred I.
99.084 Deferred J.
99.085 Deferred K.
99.082 New Business A.
99.097 New Business D.
99.098 New Business E.
99.103 New Business J.
Wish List Meeting
Quarterly Open Forums
Town Hall Meeting
First Reading of Ordinance No. 0-99-03 - Amending Water Restriction
Plan and Imposing Permanent Water Use Restriction
Resolution No. R-99-26 - CWA Memorandums of Understanding
Resolution No. R-99-27 - PBA Memorandums of Understanding
Filbert Street Property
6. PROCLAMATIONS.,.AI~NOUNCEMENTS AND/OR PI~.o$ENTATIONS
99.088
Pr¢~l~tation of Certificates of Appreciation to Members of Boy Scout Troog ~99 Traffic Control
Assistittl¢? During Business Expo at Riverview Park - Joseph Collins, David A!bury, Brian
Barbour, Brian Collins, Michael Dean. Bryan Frank, and Adam Veidt
Mayor Wininger and Chief White presented certificates of appreciation to members of Boy Scout
Troop 599.
99.089
P_r¢~entation of Certificates - Shirl~ Kjlkelly and Clay Fielding - Fonller Tree Advisory Board
Members
Mayor Wininger presented a certificate to Clay Fielding. Mrs. Kilkelly was not in attendance.
2
egular City Council Meeting
pril 28, 1999
Page Three
99.090
C. Proclamation - Law Dity - May 1.1999
Mayor Wininger presented the Law Day proclamation.
99.091
D. Proclamatiorl - Muaicipal Clerks Week - May 2-8, 1999 - City Clerk. Kathryn O'Halloran Accepting
Mayor Wininger presented the Muncipal Clerks Week proclamation to City Clerk, Kay O'Halloran.
99.092
E. Pmclamati0n - Tourism Week - May 2-8, 1999 - Jan~.Bishop and Lori Bums Accepting
Mayor Wininger presented the Tourism Week proclamation to Jane Bishop and Loft Burns.
99.093
Proclamation - Na~i0aal Nurses Week - May 6-12, 1999 - Inez Fielding, Florida Nurses Association
Accc~ting
Mayor Wininger presented the National Nurses week proclamation to Inez Fielding.
7. CITY ATTORNEY MATTER~
Requested that the issue of clearing vacant properties be added to the May 5, 1999 workshop agenda.
There was no objection.
8. CITY.MANAGER MATTERS
Reported that the Growth Management Depamnent will mail alarm permit applications if someone
has a special circumstance.
Said he will respond at a later date on Park Place garbage collection, perpetual care fund for
eemetery, and traffic light study at Barber Street Sports Complex.
9. CITY CLERK MATTERS
None.
10. CITY COUNCIL MATTERS
A. Mr~.]Sorczyk
Reported on the Council of Public Officials meeting relative to Indian River County's role in the
Clean Water Act.
Reported on his attendance at the Citizens Against Public Pollution (BTR) meeting on April 27th
sponsored by BTR Labs.
Expressed concern about cars speeding on Perch Lane and the need for the Chief to look into placing
speed limit signs.
B. Mr. Bishog
None.
egular City Council Meeting
pril 28, 1999
Page Four
C. Mr. Majcher
Nonc.
D. Mayor Wininger
Reported on an inaccurate report in the Press Journal.
Denied a rumor circulating that she and her husband had loaned money to the Van Antwerps and
stated she knew the source of the story
Said the City Clerk's office has received responses to the City's request for flood insurance maps and
suggested that all deadlines be met to obtain financial assistance to get FEMA maps done.
Requested that the City Attorney evaluation be on the next agenda (5/12/99)
Requested that the Aquatic Weed Control contract renewal be placed on the next agenda (5/12/99)
E. Vice M~or Neuberger
Received a report from the Chief on a piggyback alarm ordinance which he will bring to Council
shortly
Mr. Barczyk requested support for Commissioner Fran Adams for designation U.S. 1 as a Scenic
Highway. It was suggested that the item come back to the next meeting (5/12/99)
11. IT]~MS DEFERRED FROM THE APRIL 14. 1999 R~GULAR MEETING
99.083
99.084
99.O85
Wish List Mcoting (City Manager Tr~smittal 4/5/99, 6/-~4h97 Wish List Minutos)
Quarterly Open Forums (City Manager Traasmittal 4/5/99, Minutes Ex~;~ts)
Towa Hall M~'ting (City Manager Traasmittal 4/5/99)
These items were deferred to May 5, 1999.
12.
CONSI~NT AGENDA
AH items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of
consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately.
A. Approval of Minutes - 4/14/99 Regular Meeting
99.094
Approve Tentative 1999/2000 Fiscal Year Budget Calendar (Finance Director Transmittal 4/22/99,
Calendar)
The Interim City Manager read the consent agenda.
MOTION by Barczyk/Majcher
"I recommend the meeting be approved. (consent items A and B)"
VOICE VOTE on the motion carried 5-0.
4
Aegnlar City Council Meeting
pril 28, 1999
Page Five
13. I'UBLIC HEARING - None
14.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discavered within the previous six months which is not otherwise on the agenda - Mgn-up
required - limit often minutes for each speaker
Herbert Sturm, 549 Saunders Street, Sebastian - public input and agenda modification procedures.
TAPE I - SIDE 1I (7:49 P.M.)
15. COMMITTEE REP_Q. RT$/RE COMME NDATI ON S
Charter Rovi~w Committee
(City Clerk Transmittal 4/20/99, Resignation Letter, One Application)
99.065
1. AcceptResignatioaQf~teve~Munchak
MOTION by Wininger/Bishop
"I move to accept the resignation of Steven Munchak from the Charter Review Committee."
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
2. App0illt One At-Large Member
MOTION by Wininger/Bishop
"I would move that we appoint Louise Kautenberg to the Charter Review Committee."
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 5-0
pgular City Council Meeting
ril 28, 1999
Page Six
tke~reation Advisory Board
(City Clerk Transmittal 4/20/99, Resignation Letter)
99.009
1. Accept Resignation of Nancy Pfister
MOTION by Barczyk/Bishop
"I move that we accept the resignation."
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
Tre~ Advisory Board
(City Clerk Transmittal 4/19/99, 2 Applications, Member List, Ad)
99.089
1. Interview and Appoint t.o Tv(o Regular Member Positio,0~ with Terms to Expire 4/2(!0
It was noted that Irene Whitney had withdrawn her application.
MOTION by Barczyk/Majcher
"I'd like to recommend that Virginia Gordon be appointed to the permanent position."
ROLL CALL:
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
6
Aegular City Council Meeting
phi 28, 1999
Page Seven
16. OLD BI~INESS
99.015 A.
CJL McLella~ A~ual Culvert Contract - Approve Work Order~ 1-4 in the Amount of $53,807.55
and Wgrk Order 1 in the Amount of $22,553.55 - De~ferre~l from 4/14/99 (City Manager Transmittal
4/21/99, McClellan Letter, Certificate of Liability, Certificate of Premitun P~vment. I~ilgineefingt
Public Works Trarl~iBjtt01 4/7/99, Work Orders)
Vice Mayor Neuberger responded to the contractor's letter in the packet, stating for the record, his
(Ma'. Neuberger's) son is an employee and is properly licensed.
Discussion took place on whether Mr. McLellan's partner had valid Workers Compensation.
MOTION by Neuberger/Wininger
"I would like to make a motion to defer action and have the City Attorney look into the legal
ramifications here and what's being said and what's being done."
Vice Mayor Neuberger said he would like the item deferred to the next scheduled meeting.
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
old
B. City M~nager Ranking
Mayor Wininger requested each Councilmember to rank the four applicants.
MOTION by Barczyk/Majcher
"I'd like to make a motion that what we agreed upon at the interview on Saturday that we
rate them from one to four and the number one person gets the four points, the number two individual
gets three, number three gets two, and the last person gets one."
Each Councilmember wrote his/her ranking, signed it and provided it to the Human Resources
Director for counting and disclosure.
Marilyn ???, South Easy Street, Sebastian, questioned legality of changing criteria and deadlines.
RAApgUlar City Council Meeting
ril 28, 1999
Page Eight
The Human Resources Director announced the results as follows:
Terrence Moore - 15 Eric Meserve - 11
Cohen Bond - 12 John Van Antwerp - 9
He said the background checks have begun and he will report back to Council for fmal action.
99.105
C. Florida Commt~ie~ Trust Preservation 2000 Grant (ibis item wa~ added to the agenda)
The Interim City Manager presented staff's request for direction on an available FCT grant for
purchase of approximately two acres adjacent to the property being sought for purchase (Good Guys)
through a FRDAP grant. (see backup attached).
MOTION by Neuberger/Majcher
"I make a motion we appropriate not to exceed $8,230 to Cape Canaveral Scientific in
pursuit of the grant for the piece of property described as the proposed two acres FCT land
acquisition."
It was noted that this was a 100% grant and the purchase price would be negotiated by the state.
TAPE II- SIDE I (8:31 p.m.)
ROLL CALL:
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
MOTION CARRIED 5-0
Mayor Wininger called recess at 8:32 p.m. and reconvened the meeting at 8:47 p.m. All members
were present.
17. NEW BUSINESS
99.102
(I.)Djscuss Golf Course Operation__PrOposal and Direct City Attomev Accordingly (CiW Manager
Transmittal 4/20/99, Proposal, Golf Profes~jormi Services Agreement Betweerl I~i~ and Cerjan)
The following individuals addressed City Council in support of Patrick Cerjan's proposal to amend
his contract to enable him to be off-site during summer months:
- Cranford Sproul, Oak Street
- Dr. Valerie Beale, Brookedge Terrace
- Thomas Wojciekowski, Main Street
- John Panasany, Quarry Lane
- Jack Falk, Main Street
- Art Firtion, South Fischer Circle
- Brian Beale, Brookedge Terrace
- Pauline Hammond
- Greg Gardner, Voeelle Avenue (GC employee)
8
Ap~ar City Council Meeting
ril 28, 1999
Page Nine
Pat Cerjan presented his proposal and City Council discussion followed. It was the consensus of
Council that Mr. Cerjan submit a revised contract to the City Attorney for his review and submittal to
Council for action.
99.104 A. 1.
(K.) Direct City M~ager Re: Stillman Retaining Wall Reimbursement ({2[ly Manager
Transmi~al 4/22/99, Stillman Letter, MGB Constructio~Packet~ Attorney Memo)
TAPE II - SIDE II (9:33 p. mO
Chuck Stillman, Blossom Drive, Sebastian, addressed Council on his request for reimbursement for a
retaining wall he was required to install by city staff following construction of his pool; and a lengthy
City Council discussion followed.
It was suggested that the Stillmans approach their contractors for possible reimbursement.
MOTION by Neuberger/Wininger
"I'd like to make a motion that we defer until they can contact and apprise us as to what the
builders say and then bring it back for further action."
There was a consensus on the motion.
F~r~t Reading of Ordinanec No. 099-03 - Amending Water Rcsthction Plan and Inrl~ing
Permanent Water Usc Restriction - S~hedule Second Reading. Publi~: llearing ~j,d Final Adoption for
5/26/99 132JW Attorney Transmittal 4/22/99, 0494).3, Curr~nt Code)
AN O1H)INAHCE OF TtIE CITY OF SEDASTIAN, INDIAN RIVE~TY, FLORIDA, AMENDING TIIE CITY OF
SEDASTtAN WATER RESTRICTION PLAN; tXRO-VIDIHG FOR CONI~ICT~, PROVIDINC FOR SEVERABILtTY,
PROVIDING FOR AN EFFECTIVt3DATE.
Deferred to May 5, 1999.
99.095 B.
First Reading of Ordinqll.~¢ No. O-99-04 - Fiscal Year 1998/1999 Budget Amendment - Schedule
Second Reading, Public I-Iearing and Final Adoption for 5/26/99 i~Fillance Director Transmittal
4/21/99, Memo, 0-99-04_)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
ADOPIlNG AN AMENDED, ADJUSTED AND REVISED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER
1, 1998 AND ENDING ~ER 30, 1999 AS PROVIDED FOR IN EXHIBIT "A", GENERAL FUND; EXHIBIT "B",
SPECIAL REVENUE FUNDS; EXttlBIT "C", DEBT SERVICE FUND; EXHIBIT "D", CAPITAL PROJECTS FLrNDS;
EXHIBIT "E", OOLF COURSE FUND; EXHIBIT "F", AIRPORT FUND; EXHIBIT "G' TRUST FUNDS; PROVIDINO
FOR SEVERABILiTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-99-04 by title only.
9
'"-,Regular City Council Meeting
April 28, 1999
Page
Mayor Wininger complimented the Finance Director on the amendment and noted that new positions
and new equipment purchases have to come before Council.
MOTION by Barczyk/Neuberger
"I'd like to recommend that the ordinance be approved." (passed on first reading, set a date
[5/26/99] and authorize advertisemen0
ROLL CALL:
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
MOTION CARRIED 5-0
99.096
gesoltltion No. R-99-2,5 - Prohibiting Parking on East Side of Indian River Drive - Repeals R-97-67
(,Poli~e Chief Transnlittal 4/28/99, R_-99-25)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION
NO. R-97-67, ESTABLISHING 'NO PARKING ON THE EAST SIDE OF INDIAN RIVER DRIVE' PURSUANT TO 0-97-
55; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-99-25 by title only.
Discussion took place on the difference between parking restriction and prohibition; and the
availability of parking for certain businesses on the west side.
TAPE III - SIDE I (10:22 p. m.)
MOTION by Barczyk/Bishop
"i'd like to make a motion that we approve the first reading of this or the ordinance."
(Resolution No. R-99-25)
ROLL CALL:
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
MOTION CARRIED 5-0
10
egular City Council Meeting
pril 28, 1999
Page Eleven
99.097 D.
99.099 F.
R~c, lution No. R-99-26 - Aanq~m~t$ to Conmmnications Workers 9f 3ancrica (CWA) Contract
Resources Transnfittal 4/21/99, R-99-26, Exhibits)
A RESOLUTION OF I:ttE CITY OF SEBASTIAN, INDIAH RIVER COUNTY, I'LORIDA, ADOS'TING TttE
MEbiORAHDIJbi~ OF UNDERSTAlqDING TOTIIE COLLE-C~ BARGAINING AG.I/EEMEiqi: BY AND BETWEEN
TIlE-CITY OF SEDASTIAN AND TIlE COMMIINICATIONS WORKERS OF AbIERIC~, PROVIDING ADDITIONS
AHD CIIANGES or §UCt}WOILD~IG IN DUES DDLICTIO}}, bffSCELLANEOU$ PAID LEAVE, SICK LEAVe,
ANNUAL LEAVE, tIOLIDAYS, PROldOTIONS, TRANCES, AND ADZOSTMENT8 AlqD RETIREMEI~T
~-*OIqTR~UT.IOlq ]lq Tile CONTRACT AGREEMElqT, PROVIDING FOR RE.PEAL OF-RESOLUTIONS OR PARTS
OF RESOLL~TtOH$ IN CONTLICT I IEILEWITII, ANI) PROVIDING FOR AN EFFECTIVE DATE.
Deferred to May 5, 1999.
l~ution No. R-99-27 - Ana~adments to Florida Poliec Be~evotcm Association (PBA) Gontraet
{time, an Resources Tra~$.l~aF4/21/99, R-99-26, Erdlihit~)
A RESOLUTIOlq OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUHTY, FLORIDA, ADOPTING TIlE
btEbK)tLAND{~tS OF UNDERSTANDING TO TIlE COLLECTIV~ BARGAINING AGREEMENT DY AND BETWEEN
TIIE CITY OF SEBASTIAN AND TIlE COASTAL FLORIDA POLICE DElqEVOLENT ASSOCIATION, INC;
PROVIDING FOR CI IANGES OF SUC-t I ANNUAL AND SICK ACCRUAL RATES IN Tile CONTRACT AGREEbtElqT,
PROVIDING FOR REPEAL OF RESOLUTIOlqS OR PARTS OF RESOLWFION8 IN CONFLICT IIEREW~TI-t, ~
lxROVIOING YOR AN EFFECTIVE DATE.
Deferred to May 5, 1999.
Res~hltion No. R-99-29 - Tested Trades (Transmittal 4/22/99, R-99-29, Construction l~oard
Minutes)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LIST OF
TESTED TRADE TO INCLUDE UNLIMIIED MASTER ELECTRICIAN; ESTABLISHINO TERMS THEREFORE;
PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
The City Attorney read Resolution No. R-99-29.
MOTION by Neuberger/Barczyk
"I would move to defer this resolution until we get the results of the House action which is going
to ban the City from selling any licenses to registered or certified people after the fa'st of July and now
we're going to test people for a license that we can't sell them."
ROLL CALL:
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
MOTION CARRIED 5-0
11
Aegular City Council Meeting
pril 28, 1999
Page Twelve
99.100 G.
99.101 H.
J.
18.
Irgtnsportation Enhancement Project - Authorize Staff to Pr~are Application to Metropolitan
Plannhlg Organization for Sidewalks and Education Trail (Public Worlqs/City Erlgineer Transmittal
4/19J99)
The City Engineer briefly explained the request to submit the application to MPO.
MOTION by Neuberger/Bishop
"I move to direct staff to prepare the application."
ROLL CALL:
Mr. Barczyk - aye
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
MOTION CARRIED 5-0
Waive Sealed Bid,Procedure and Authoriz~ Staft to Negotiate Contract with Regan Masonry for
Concrete Work for On? year (Public Works/Purchosing Transmittal 4116/[9[}~, p~chasing Agent
Letter and3 Phone Quotes)
MOTION by Barczyk/Bishop
"I make a motion that H be moved to next Wednesday our special meeting."
ROLL CALL:
Mr. Bishop - aye
Mr. Majcher - aye
Mayor Wininger - aye
Vice Mayor Neuberger - aye
Mr. Barczyk - aye
MOTION CARRIED 5-0
Dise~o thc Usc of Filbert Strcet Propcrty and Dirqct Staff AccordingLy (City Manager Tr~lllittat
4/22/9~.. Map of Property "Trot D")
Deferred to May 5, 1999.
Mayor Wininger adjourned the Regular Meeting at 10:30 p.m.
12
¢gular City Council Meeting
pill 28, 1999
Page Thirteen
Approved at the ~.~/~-/ /'~
allo~r t, C C/
~City Clerk
,1999, Regular City Council Meeting.
Martha S. Wininger
Mayor
13