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HomeMy WebLinkAbout06091999 City of Sebastian 122§ Main Street D .Sebastian, Flocida 329§8 Telephone (§61) 589-5330 D Fax (§61) §89-§§70 E-Mail: cityseb~iu.net SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JUNE 9, 1999 - 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 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 - Dr. Ronald D. Thomas, Jr. - Sebastian United Methodist Church 4. ROLL CALL, 5. AGENDA MODIFICATIONS (ADDITiON~; AND/OR DELETIONS] Items not on the written agenda may be added only upon a majority vote of CiO~ Council members (R-99-21) 6. PROCLAMATIONS, ANNOUNCEMENTS AbJ1)/QR PRESENTATIONS 99.033A A. Presentation of Certificates of Completion Jo Mayor Martha Wininger, Councilmember Edward Majcher and Council member Ben Bishop by City Clerk - Florida Institute of Government - Institute for Elected Municipal Officials 8. 9. 10. ~TY ATTORNEY MATTERS CITY MANAGER MATTEi~ CITY CLERK MATTERS CITY COUNCIL MATTERS A. Mayor Wininger B. Vice Mayor Neuberger C. Mr. Barczyk D. Mr. Bishop E. Mr. Majcher 99.127 99.128 99.129 11. CONSENT AGENDA 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 CiO, Council so requests; in which event, the item will be removed and acted upon separate~. A. Approval of Minutes - 5/19/99 Special and Wish List Workshop, 5/26/99 Regular Meeting Prior Approval for Reimbursement of Expenses - Councilmember Barczyk Attendance at 1999 Institute for Elected Municipal Officials - Ft. Myers Beach - 7/9/99 - 7/11/99 in Accordance with State Limitations (City Clerk Transmittal 5/27/99, Conference Information) Resolution No. R-99-28 - Approving Classification and Job Description for Support Services Supervisor (Human Resources Director Transmittal 4/27/99, Job Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF SUPPORT SERVICES SUPERVISOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-99-38 - Metropolitan Planning Organization Extend Voting Membership to Indian River County School District (Growth Management Transmittal 6/2/99, IR MPO Apportionment Plan) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING THE 1999 APPORTIONMENT PLAN OF THE INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDINCr, PROVIDING FOR EFFECTIVE DATE. Approve Vero Beach/Indian River County Recreation Department Halloween Parade on October 30, 1999 - Closing of Affected Streets to be Coordinated with City Manager and Police Chief- Use of Riverview Park from 2 pm to 5 pm and Use of Electricity (City Clerk Transmittal 5/20/99, IRC Recreation Letter) 2 99.082 99.042 99.130 99.131 12. 13. 14. 15. 16. pUBLIC HEARING Procedures for public hearings: (R-99-21) · Mayor Opens Hearing o Attorney Reads Ordinance or Resolution StaftPresentation · Public Input - Limit ofTen Minutes Per Speaker · StaffSummation · Mayor Closes Hearing · CouncilAction Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record Ordinance Ng, Q-99-03 - Water Restriction Plan - Second Reading. Public ~eoring and Final Adoption (City Attorney Transmittal 5/20/99..D-99-03 Revjse~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. INTRODUCTION OF NEW BUSINESS FRO~ 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 COMMITTEE REPORTS/RECOMMENDATIONS A. Recreation Advisory Board Appoint Jo-Ann Webster as Sebastian River Area Little League Representative - Unexpired Term to Expire 12/2000 (City Clerk Transmittal 6/1/99, Application, Member List) OLD BUSINESS NEW BUSINE$~ Resolution No. R-99-37 - City Manager Employment Agreement with Terrence Moore (City Manager Transmittal 6/3/99, R-99-37, Employment Agreement, Excerpt of Frame Agreemen0 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORK)A, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EMPLOYMENT AOREEMENT FOR TERRENCE MOORE TO SERVE AS CITY MANAGER; PROVIDINO FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Bo Purchase of 1999 Ford F-150 for Building Department in the Amount of $13,553.00 Piggybacking Florida Sheriffs Association & Florida Association of Counties Bid Contract #98-06-0914 - Duval Ford Central (Building Director Transmittal 6/2/99, State Contract, Quote) Co Award Bid for Painting Police Department to VIP Painting of Coral Springs in the Amount of $7,800 (PW Director Transmittal 6/2/99) 99.132 D. Authorize City Manager to Accept the 1999 COPS Grant for One Additional Police Officer (Police Chief Transmittal 6/1/99, Grant Award Notice) Adopt-A-Street Program with Keep Indian River Beautiful Parmership (City Manager Transmittal 6/3/99) 99.134 F. Chamber of Commerce Buildings (City Attorney Transmittal 6/2/99, 1978 Deed and Agreement, 1/22/97 Lease and Agenda Transmittal) 17. 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 3dEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A FERBATIbt 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 WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPEU_Z4L ACCOA47vtODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT.589-5330 AT LF~ST 48 HOURS IN ADVANCE OF THIS btEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Up.ming Meetings: Regular Meeting - Wednesday, 6/23/99- 7pm Quarterly Open Forum - Wednesday, 6/30/99 - 7pm Regular Meeting - Wednesday, 7/14/99- 7pm Regular Meeting - Wednesday, 7/28/99- 7pm Workshop - Budget- Wednesday, 8/4/99 - 7pm Regular Meeting - Wednesday, 8/11/99- 7pm Workshop -Budget- Wednesday, 8/18/99- 7pm Regular Meeting - Wednesday, 8/25/99- 7pm 4 PUBLIC HEARING SIGN-UP SHEET JUNE 9, 1999 CITY COUNCIL MEETING ORDINANCE NO. O-99-03 WATER RESTRICTION PLAN This sign-up sheet is for the above referenced item ONLY. Name Address Name Address Name Address Name Address Name Address Name Address 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 JUNE 9, 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: Nolne~ Address: Subject: Address: Subject: Address: Subject: Subject: Address: Subject: Name: Address: Subject: Address: Subject: Name: Address: Subject: Name: Address: Subject: Name: Address: Subject: Name; Address: Subject: 2 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 9, 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 Dr. Ronald D. Thomas, Jr., Sebastian United Methodist Church. ROLL CALL Cig, Cotlncil Pre~ent: 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 Police Chief, Randy White Deputy City Clerk, Sally Maio Administrative Assistant, Linda Galley uneegular City Council Meeting 9, 1999 Page Two 99.033A AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added one, upon a majority vote of City Council members (R-99-21) The interim City Manager requested the postponement of item 99.133 16.E. Adopt-a-Street Program to the next meeting; and requested addition of an item from the Chamber of Commerce for use of Riverview Park on several dates for a series of family summer concerts (see letter of request attached). Mr. Barczyk requested that the Recreation Committee appointment be moved to the consent agenda. It was the consensus of City Council to delete item 16.E. as requested, add the Chamber of Commerce use of Riverview Park as item G of the consent agenda, and to move item 14.A. Recreation Committee appointment to item F of the consent agenda. 6. PROCLAMATIONS~.A~JNOUNCEMENTS AND/OR PRESENTATIONS Pre~ot~tion of Certificates of Completion toMaygr Martha Wininger, Councilmember Edwaj-d Majcher and Council member Ben Bishol~ by City Clerk - Florida Institute of Government - Institute for Elected Mtmicigal Offici01$ The Deputy City Clerk read a letter from Florida Institute of Government and presented certificates to Mayor Wininger, Councilmember Majcher, and Councilmember Bishop. 7. CITY ATT_OB.NF.,Y MATTERS Reported on receipt of the appraisal for cemetery property west of US 1 and an anticipated rezoning and comprehensive land use plan amendment to commercial general for the property to go before Planning and Zoning July 1, 1999 Reported on proposed Land Development Code text amendments which will be brought to Planning and Zoning on July 1, 1999 Mayor Wininger stated she had been served by the Sheriffwith papers today relative to a lawsuit from Maxwell Contracting, and turned the papers over to the City Attorney. 8. CITY MANAGER MATTERS Reported on Riverview Park expansion in light of budget cuts, stating that the Good Guys property has been included in the grant application for the adjacent Riverview property. 9. CITY CLERK MATTE_/~ None. 2 City Council Meeting June 9, 1999 Page Three 10. CITY COUNCIL MATTERS A. Mayor ~/ininger Requested support for Sebastian junior Women Club Zero Tolerance for unbuckled children campaign Noted "All over but the shouting" means after the wedding ceremony you have the party Discussed a letter fi.om Louise Kautenberg regarding individual occupational licenses for real estate agents. The City Attorney responded that it is customary for professionals to hold individual licenses. Discussed a letter from Barbara Lovett regarding clearing vacant properties Inquired about refund information in Falcon cable bills. The City Attorney responded that Falcon had mailed out guarantee messages and that he had sent language to Mr. Vickers on the refund B. Vice M~0r Nouberger Discussed prior Council directive on a proposal by Richard Bamhill to install benches in the City, noting a need for school children at bus stops Suggested the issue of service vehicles parking on streets be looked at Requested the progress on exempt employee salaries Said he thought Council wish lists would have been submitted for this agenda, noting only two had been given to the City Manager ~ Suggested Council members obtain copies of the Indian River County EMShandbook, expressing~-~ c~on~rn for proposed outs-~ C. Mr, .,B~czyk Reported that the Barber Street station ambulance replacement had arrived and was better equipped than its predecessor Asked if there was anything in the code as to how many signs are allowed on a construction site D. Mr. Bish~lll Suggested that the City Manager have staff attend Council meetings when they have items on the agenda. Other Council members agreed that this was a good idea. E. Mr. Majcher Reported he had been informed that rental boats were docking at the City pier and that boat trailers were parked in Cavcorp long term ~tlegular City Council Meeting June 9, 1999 Page Four 99.033B 99.127 99.128 99.129 99.009 11, CONSENT AGENDA 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 CiO, Councii so requests; in which event, the item will be removed and acted upon separate~. A. Approval of Minutes - 5/19/99 Special and Wish List Workshop, 5/26/99 Regular Meeting Prior Approval for Reimbursement of Expenses - Councilmember Barczyk Attendance at 1999 Institute for Elected Municipal Officials - Ft. Myers Beach - 7/9/99 - 7/11/99 in Accordance with State Limitations (City Clerk Transmittal 5/27/99, Conference Information) Resolution No. R-99-28 - Approving Classification and Job Description for Support Services Supervisor (Human Resources Director Transmittal 4/27/99, Job Description) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF SUPPORT SERVICES SUPERVISOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUllONS OR PARTS OF RESOLIYIIONS IN CONFLICT HEREWITH; AND PROVIDINO FOR AN EFFECTIVE DATE. Resolution No. R-99-38 - Metropolitan Planning Organization Extend Voting Membership to Indian River County School District (Growth Management Transmittal 6/2/99, IR MPO Apportionment Plan) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING THE 1999 APPORTIONMENT PLAN OF THE INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Approve Vero Beach/Indian River County Recreation Department Halloween Parade on October 30, 1999 - Closing of Affected Streets to be Coordinated with City Manager and Police Chief- Use of Riverview Park from 2 pm to 5 pm and Use of Electricity (City Clerk Transmittal 5/20/99, IRC Recreation Letter) Appohlt Jo-Ann Webster as Sebastian Ri¥er p~rea Little League Representativ_.e - Unexpired Term to Expire 12/2000 -Mow~l Under Agenda Modificatiom.(.Cjty Clerk Transmittal 6/1/99, Application,.,,M¢IIlber List) Chaml>~r of Commerce Request for Use of Electricity in Riverview Park for Sl~lner Concerts - Added Under Agenda Modifications (BishQo ],?tter 6/8/99) The interim City Manager read the consent agenda, and the City Attorney read Resolution Nos. R-99-28 and R-99-38 by title. Mayor Wininger removed items A and C. 4 eungular City Council Meeting e 9, 1999 Page Five MOTION by Wininger/Bishop "I move to approve items B, D, E, F and G of the consent agenda." ROLL CALL: Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 A. Approval of Minutes Mayor Wininger noted a correction to the May 19, 1999 minutes page 3, roll call - Councilmember Majcher should be absent and Mayor Wininger aye. MOTION by Wininger/Barczyk "I move to approve item A of the consent agenda." ROLL CALL: Vice Mayor Ncubergcr - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcber - aye Mayor Wininger - aye MOTION CARRIED 5-0 99.127 Resolution No. R-92-~. - Approving Classification and Job Description for Support Services Supervisor Mayor Wininger said she did not believe reclassifications should be on consent agendas, and that upgrades should be requested through the City Manager. Discussion took place on the small pay range between steps, the duties of the new position, and the staff member proposed for the upgrade. MOTION by Neuberger/Majcher I make a motion to deny Resolution R-99-28. ROLL CALL: Mr. Barczyk - nay Mr. Bishop - nay Mr. Majcher - aye Mayor Wininger - nay Vice Mayor Neuberger - aye MOTION FAILED 2-3 (Barczyk, Bishop, Wininger - nay) Regular City Council Meeting une 9, 1999 Page Six MOTION by Bishop/Barczyk "I'd like to make a motion to approve Resolution No. R-99-28, approving the classification and job description of Support Services Supervisor at pay grade 25." ROLL CALL: Mr. Bishop - aye Mr. Majcher - nay Mayor Wininger - aye Vice Mayor Neuberger - nay Mr. Barczyk - aye MOTION CARRIED 3-2 (Majcher, Neuberger - nay) 12. PUBLIC HEARII~G Procedures for public hearings: (R-99-21) · Mayor Opens Hearing ° Attorney Reads Ordinance or Resolution ° StaffPresentation ° Public Input - Limit ofTen Minutes Per Speaker StaffSummation ° Mayor Closes Hearing · CouncilAction Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record 99.082 Ordillgllg~ No. 0-99-03 - Water Restriction Plan - Second Kca~il~g. public Heating and Final Adoption (Cil3' Attorney Transmittal 5/20/99, 0-99-03 Revised) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN WATER RESTRICTION PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-99-03 by title and briefly explained its content. Mayor Wininger opened the public heating at 7:42 p.m.. Rich Taracka, Coverbrook Lane, Sebastian, thanked Council for this ordinance. Mayor Wininger closed the public heating. Concerns were expressed and a lengthy discussion followed regarding insufficient watering time during water emergency restrictions, constantly resetting timers for the odd/even system. TAPE I - SIDE II (7:48 p. mO 6 [iRegular City Council Meeting une 9, 1999 Page Seven Discussion continued on suggestions to change the system to allow odd numbered addresses to water on odd days, and even addresses on even days, and taking the odd/even system out of the year-round restriction. It was suggested that staffbe provided a couple of weeks to mull over a more user friendly system. The City Attorney advised that an additional first reading would not be required for this type of change, and noted the six areas of the ordinance that would have to be changed. Discussion continued on a suggestion that all people water on the same days every other day, a concern that people can only water four hours in the evening during emergencies but can wash vehicles during other times of the day. MOTION by Barczyk/Neuberger "I'd like to move that we hold offon approval of this amendment until staff comes back with the necessary language that is easy to read by everybody and understood." It was the consensus of Council to change to odd and even dates. It was the consensus of Council to keep the odd/even system year round. Discussion took place on a suggestion that the hours of 6 pm to 10 pm be changed, standardizing the times for washing vehicles with landscaping irrigation times. It was suggested that the entire vehicle provision be omitted and just stay with lawn watering restrictions. MOTION and SECOND were withdrawn MOTION by Barczyk/Majcher "I'd like to make a motion that this be sent back to staffto review it to update the concerns of the Council, mainly the odd and even days of watering, leave out the vehicle or leave it like it is and that's about it, that's the only concerns I have." Mr. Barczyk said he would leave it up to Council relative to vehicle washing but that he would just as soon "leave it in"; and added "by the next meeting". The City Manager noted that this public heating will be continued to the next regular meeting if the only change requested is the odd/even dates and addresses. ROLL CALL: Mr. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye MOTION CARRIED 5-0 un¢gular City Council Meeting 9, 1999 Page Eight 13. INTRODUCTION OF I~EW 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 Rich Taracka, Coverbrook Lane, Sebastian · stated that sergeants' salaries will exceed that of lieutenants in the 2nd and 3rd years of the union contract · expressed concern for low salary for Chief of Police · stated Strategic Planning Committee did not want to see a trolley system on Indian River Drive Vice Mayor Neuberger noted that the Metropolitan Planning Organization is proposing a Community Coach route on indian River Drive in the'future. Tut Connelly, Sebastian · Suggested lieutenants' pay be looked at by the Budget Review Board · Talked about Tom Gustafson Sal Neglia, Georgia Boulevard, Sebastian · Said trolleys would only benefit businesses Louise Kautenberg, Sebastian · Requested Council look into the requirement for individual licenses for real estate agents Harry Thomas, Sebastian (given opportunity to speak by Council consensus) · Said he objected to occupational licensing because it is only a form of taxation · Reported on the MPO Citizens Advisory Committee plans to recommend extension of fixed transportation routes into Sebastian TAPE II - SIDE I (8:35 p. m.) 14. COMMITTEi~ REPORTS/RECOMMENDATIONS A. i{egreation Advisory Board 99.009 Appoint Jo-Al~ll Webster as Sebastian River Area Little League Representative - Unexpir~ Term to Expir~ 12~2000 (City Clerk Transmittal 6/l/99,Al~pligati0n, Member List) Moved and approved under consent agenda. Mayor Wininger called recess at 8:37 p.m. and reconvened the meeting at 8:52 p.m. All members were present. egular City Council Meeting une 9, 1999 Page Nine 15. OLD BUSINES~ None. 16. NEW BUSINESS 99.0~2 A. Resolution No. R-99-37 - City Manager Employment Agreement with Terrence Moore (City Manager Transmittal f/3/99., R-99-37, Emplo~ncnt Agreement. Excerllt of Frame.Agr~tp~n~) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING TI~ MA YOR AND CITY CLERK TO EXECUTE AN EMPLOYMENT AGREEMENT FOR TERRENCE MOORE TO SERVE AS CITY MANAGER; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-99-37 by title. Mayor Wininger suggested 1) deleting the requested living allowance due to the fact that the City Attorney did not receive one; 2) leaving termination pay as that approved for the City Attorney; and 3) changing the start date to 7/6/99. Tcrrence Moore addressed City Council and concurred with the Mayor's suggestion to change the start date, and relinquished his other requests. The City Attorney stated that Mr. Moore's requested termination pay and living expense issues had not been included in the draft agreement. MOTION by Wininger/Neuberger "I'll move to adopt Resolution R-99-37, approving the Employment Agreement between the City of Sebastian and Mr. Moore as amended" ROLL CALL: Mayor Wininger - aye Vice Mayor Neuberger ~ aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 Mr. Moore expressed his gratitude to City Council and stated he would work to the best of his ability for the City. Two original employment agreements were executed by all parties and one original was given to Mr. Moore at this time. 9 ,eungular City Council Meeting c 9, 1999 Page Ten 99.13o B. 99.131 C. 99.132 D. Purcl~ose of ]9~} Ford F-150 for Building Department in the Amount of $13.553.00 Pigl~backing Florida Sheriffs Asso, ia0on & Florida Association of Counties Bid Contract #98-06-0914 - DuYal Ford I~entral (Builqling Director Transmittal 6/2/99, State Contract, Ouote) MOTION by Neuberger/Majcher "I make a motion to approve agenda item 99.130 for a 1999 Ford F-150 pickup truck in the amount of $13,553.00 and it does have an extended warranty, six years, $100,000 miles." ROLL CALL: Vice Mayor Neuberger - aye Mr. Barczyk - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye MOTION CARRIED 5-0 Award Bid for Painting PoliceDepartm~nl~ tO VIP Painting of Coral Springs in the Amount of $7.80OJ.~W Director Transmittal 6/2/99) The interim City Manager stated this was the only bid received and that references had been checked. Discussion took place on the referenced credit of $1600, the high cost, possibility of using employees or rebidding, and the need for further information. Tut Connelly addressed City Council. The interim City Manager said the bid process must be followed, Council could reject this bid if it so chooses, and then a rebidding process could be undertaken. Following further discussion on rebidding the project, breaking down the project, and the need for further information, it was the consensus of City Council to have this item brought back with more information at the next regular meeting. Authorize City Manager to A~epl th~.1999 COPS Grant for One Additional Poli~e Offig~r ffolie~ Chief Tr03smittal 6/1/99, Grant Award Notice) Tut Counelly addressed City Council. Chief White addressed City Council and a lengthy discussion on ratio of officer to population and crime statistics followed. TAPE II- SIDE ll (9:37p. m.) 10 egular City Council Meeting une 9, 1999 Page Eleven 99.133 99.134 F. MOTION by Bishop/ "I would move to authorize the City Manager and Police Chief to accept the new 1999 COPS grant for one additional police officer." Motion died for lack of a second. Adopt-A-Street Program with Keep Indian River Beautiful Partnership (City Manager T. ml~mittal 6/3/99) Postponed to June 23, 1999 during agenda modifications. Chamber of Commen:e Buildi~ (Ci~ Attorney Transmittal 6/2/99, 1978 Deed and Agreement, 1/22/97 Lease and Agenda TranmittaD The City Attorney gave a report on the City's agreements with the Chamber of Commerce for the 1302 U.S. 1 and 700 Main Street sites. He stated the quit claim deed and agreement for the U.S. 1 site contains a requirement that the property be used for Chamber purposes and would revert to the City at such time as it ceases to be used for such purposes or the Chamber dissolves. He further discussed legal requirements for disposal of surplus property as set out by Florida law and City Code, and the legality of the U.S. 1 property agreement. Kathleen Bishop, Executive Director for the Sebastian River Area Chamber of Commerce, stated that the Chamber is currently using both sites. Sal Neglia, Sebastian, on behalf of the Sebastian Property Owners Association, expressed concern for the way the building is being used by Weight Watchers and Red Cross for a fee to the Chamber, and suggested the U.S. 1 site revert back to the City. The City Attorney offered three options to resolve the issue of the use of the U.S. 1 site as follows: 1) that the City file for declaratory action in the court; 2) that he be directed to obtain an Attorney General opinion which would ultimately be only an opinion; or 3) try to resolve the issue with the Chamber of Commerce. In response to inquiry, Ms. Bishop stated there is one restroom inside and two restrooms with access from the outside of the U.S. I building; and noted the two outside restrooms need repair and maintenance. 11 teungular City Council Meeting e 9, 1999 Page Twelve MOTION by Neuberger/Majcher "I'd like to make a motion that the City Attorney meet with the Chamber people or Chamber attorney and see if they can resolve this matter in a way that would be equitable to both sides." The City Attorney recommended he be direcmd to meet with an administrative person. "and we put a thirty day cap on that." was added by Vice Mayor Neuberger and Mr. Majcher. ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Wininger - aye Vice Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 5-0 17. Being no further business, Mayor Wininger adjourned the Regular Meeting at 9:57 p.m. KathryffM. O Halloran, CMC/AAE City Clerk ,1999, Regular City Council Meeting. ~t~'lMartha S. W'n'nger' ~' ~ Mayor 12