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HomeMy WebLinkAbout11171999SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 17, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Neuberger called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Frank Camillo, Police Chaplain and Barefoot Bay First Baptist Church. ROLL CAI. J., CiW Couttcjl Present: Mayor Chuck Neuberger Mr. Joe Barczyk Mr. Walter Barnes Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Hailoran Police Chief, Randy White Public Works Director, Terry Hill Finance Director, Mark Mason City Engineer, Martha Campbell Administrative Assistant, Linda Galley Regular City Council Meeting November 17, 1999 Page Two 99.008 99.065 99.217 99.181 AGENDA MODIFICATIONS (ADDITIQNS~/OR DELETIONS~ ltent~ not on the written agenda may be added one, upon a majority vote of City Council members ('R-99-21) The City Manager distributed documentation and requested addition of an item relative to funding from the Disaster Emergency reserve for repairs to damage caused by Hurricanes Floyd and Irene. City Council concurred and the item was added as New Business item I. Mr. Barczyk requested that item 14.A. p9, 008 Planning. a~d Zoning Commission - Interview, Unless Waived and Appoint One Regular MemJ2er T_gt'm to F,r~pire 11/2/2002 be moved to consent agenda item D since Wilbur O'Donnell was the only applicant for the position and was not in attendance. City Council concurred. P]~OCI~MATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS A. presentation of ~2v~ificate to Kelly Mather - Planning and Zoning Commissior~ Mayor Neuberger noted that Mr. Mather was unable to attend and requested the certificate be mailed. B. Presentation of Cc, x'tifi~;iltes to Charter Review Committee M~mbers Mayor Neuberger presented certificates to the following members of the Charter Review Committee which is now officially disbanded: Walter Barnes Louise Cartwright (absen0 Thomas Cormelly Norma Damp Adrina Davis Inez Fielding Joseph Generazio (absen0 James Hill Louise Kautenburg Sandra McCaun Nathan McCollum (Chairman) Larry Napier (absent) Salvatore Neglia Larry Paul Harry Thomas C. Presentation of LifeJ0yiog Award Ribbon to Officer Christopher Rodriguei~ Mayor Neuberger read and presented a Life Saving Award Ribbon to Officer Rodriguez for his efforts on December 6, 1999 which saved an individuals life following a heart attack. D. Presentation_- Statu~ Report on Paving Program by City Engineer (Publi~ Works Trilosmittal) The City Engineer distributed materials and gave a brief presentation on the city paving program. 2 Regular City Council Meeting November 17, 1999 Page Three 7. CITY_ATTQJ;LN~Y MATTEI~ Received consensus of Council to place the proposed lot clearing ordinance on the next agenda (12/1/99) for discussion only. 8. CITY MANAGER MATTERS Reported that an agenda item on citywide signage will be brought to Council on December 1, and that TAPE I - SIDE II (7:47p. m.) the entrance signs will include the six old grouches. Discussed the Chamber of Conunerce Winter Wonderland program planned for this year which had been reported in the newspaper; and inquired whether Council would like to take action on it as it has in the past. Reported that the quarterly city newsletter will be mailed next week. Mayor Neuberger discussed his interview with Channel 25 anchor Tom Donovan relative to its Hometown Countdown Program. MOTION by Bames/Barczyk "I would move to approve the decorating by the Chamber of Commerce on November 27 and 28, with use of electricity." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Ma'. Bishop - aye Mr. Majcber - aye MOTION CARRIED 5-0 9. CITY CLERK MATTERS None. Regular City Council Meeting November 17, 1999 Page Four 10. CITY COUNCIL MATTER~ A. ~r. Barc~k Reported on his attendance at the Council of Public Officials meeting, the County's approval of funding for a new radio station located at Vero Beach High School for emergency broadcasts and other governmental matters, and the decision that redistricting will be looked at after the census is completed. B. Mr. Barnes Reported that the Keep Indian River Beautiful cleanup results are still being weighed. Discussed the fact that City Council is violating its own procedures and the advice of its City Attorney by allowing Herb Sturm to continue to discuss a matter he has been bringing to Council for many years. City Council, by consensus, agreed with Mr. Barnes. C. Mr. Bishop Requested that Council look at removing the Water Restriction Emergency declaration. The City Attorney advised that it did not have to be an agenda item for them to remove the restriction. Mayor Neuberger said he would entertain a motion to remove the restriction. MOTION by Bishop/Barnes 'TIi make a motion to lift the emergency water restrictions and let the year round restrictions go into effect." VOICE VOTE on the motion carried 5~0. Discussed the shopping center sign south of the city limit that was damaged during the hurricane, suggesting it be repaired and the south City limit sign being an eyesore. The City Manager responded that staffwill look into it. Encouraged participation in the City boat parade on December 4, 1999. D. Mr. M~cher Reiterated his concerns about the progress of the Yacht Club improvements. Regular City Council Meeting November 17, 1999 Page Five 99.218 99.207 99.008 11. E. Mayor Neuberger Discussed asking staff to look into discontinuing the use of mesh on barrier fences. Reported on the Land Acquisition Committee meeting on the ECO troop proposed acquisition of wildlife preserve at Pelican Island Elementary School, with a cost estimate of $186,000. 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 cotm~t agenda items unless a member of Ci~ Council so requests; in which eveng the item will be removed and acted upon separately. A. Approval of Minutes - 11/3/99 Regular Meeting Thursday Night Bridge - Approve Use of Alcoholic Beverages at Christmas Party During Regular Use of Yacht Club - December 9, 1999 (City Clerk Transmittal 11/5/99, Application) Resolution No. R-99-54 - Support for Pelican Island Elementary School ECO Troop Efforts to Acquire and Preserve Scrub Jay Habitat (City Manager Transmittal 11/10/99, R-99-54) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORID& SUPPORTING THE EFFORTS OF THE PELICAN ISLAND ELEMENTARY ECO TROOP TO ACQUIRE AND PRESERVE SCRUB JAY HABITAT; PROVIDINO FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. Planning and Zoning Commission - Appoint One Regular Member Term to Expire 11/2/2002 - Wilbur O'Dounell The City Manager read the consent agenda and the City Attorney read Resolution No. R-99-54 by rifle. Mayor Neuberger removed item D. MOTION by Barnes/Bishop "My motion is to approve items A, B, and C of the consent agenda." ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 5-0 I~{:m D Mayor Neuberger noted that Mr. O'Donneli had m-rived, however, no one requested to interview him. Regular City Council Meeting November 17, 1999 Page Six MOTION by Neuberger/Majcher "i'll move to approve item D nomination of Wilbur O'Donnell to Planning and Zoning Commission." VOICE VOTE on the motion carried 5-0. 12. PUBLIC HEARING - None 13. INTRODUCTION O~F b'EW BUSINESS FROM THE PUBI~I[C Item that has occurred or wa~ discovered within the previous six montha which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Mr. G, zzi, requested that Shakespeare Street be one-way. Irene Whitney, 1291 Schumman Drive, objected to the city buying the Good Guys property, and problems with Cornerstone Builders' properties. The following individuals discussed the proposed skateboard park Amy McDonald Byron Elsebough John Massung David McDonald TAPE II - SIDE I (8:30 p.m.) Lorraine Noack, Persian Lane Tut Connelly, discussed the need for citizen committees and workshops relative to continuing issues such as drainage, street weight limits, city garage, sign shop, Yacht Club restrooms, etc. 14. COI~V~ITTI~J~ REPORTSfRECOMMENDATiONS 99.008 Planning and ~;o0irlg Commission 1. Interview, Unless Waived, and Appoint One Regular Member Term to Expire 11/2/2002 (City Clerk Transmittal I 1/3/99, One Application, Memo, Board Member List, Ad) This item was previously moved to the consent agenda 15. OLD BUSINESS - None 16. NEW BUSINESS 99.219 Ao State of Florida 1.,9~:01 Law Enforcement Block Grant Project - AulhQ[ize City Manager ~;o_Apply for $8,423 Grant (PD Transmittal 11/3/99, DCA Notice) Mr. Barnes noted a scriveners error "city" on page 46. 6 oRegular City Council Meeting November 17, 1999 Page Seven 99.220 B. 99.195 C. MOTION by Bames/Majcher "I'11 make a motion to approve the State of Florida Local Law Enforcement Block Grant." ROLL CALL: Mr. Bishop - aye Ma'. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye MOTION CARRIED 5-0 Mayor Neuberger called recess from 8:36 p.m. to 8:46 p.m. All members were present. Bid Award - Elkcam Waterway Control Structure - MUll:ay Log~ Consll31g.~o~ !nc. in the Amount ors 192,000 (Engineering Transmittal 10/20/99. l~i~t Tabulation) MOTION by Barczyk/Barnes "I recommend to move to award a contract to Murray Logan Construction, Inc. for the replacement of Elkcam Waterway Control Structure for $192,000." ROLL CALL: Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 Approve Change Order tQ Summerlin Se~z~n S~a~, Inc. Agreement in the Amount of $47.3_9 ! to Repair Yacht Clllb Pier and_Appropriate $62.000 for~P, roj~L~llgineering/Finance Transmittal 11/10/99) It was noted that this did not include the ramp or the proposed restrooms, which are under design at this time and will require a lift station for the sewer. MOTION by Majcher/Bames "I move to approve a change order to Summerlin Seven Seas, Inc. for $47,391 to repair the Yacht Club Pier and appropriate $62,000 for the project." 7 Regular City Council Meeting November 17, 1999 Page Eight ROLL CALL: Mr. Barczyk Mr. Barnes Mr. Bishop Mr. Majcher Mayor Neuberger aye aye aye aye aye MOTION CARRIED 5-0 99.221 Purch~ Replacement Unmarked Vehicle for Police Department in th~ Araoull[gf $1~,o7o Ptlr~u~t to FSA/FCA Statewjde Bid # 99-07-0913 (Police Transmitt~ 11[~/9.~, l~urchase Requisition, FSA/FCA [lid, Spec MOTION by Bames/Barczyk "I make a motion to purchase replacement unmarked vehicle for the Police Department in the amount of $15,070." ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - nay Mr. Barczyk - aye MOTION CARRIED 4-1 (Neuberger - nay) 99.222 Purchase Mic. ro-~.uffacing from Florida Highway products. IllcLfor Six Miles of City Streets l~ur~uant to Piggyback ofyero Beach Contract in an Amount Up to $110,000 (Engineering Transmittal 11/8/99) MOTION by Bishop/Majcher "I'd move to authorize the purchase of Micro-Surfacing from Florida Highway Products, Inc. at the rate of $1.35 per square yard up to $110,000." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye MOTION CARRIED 5-0 Regular City Council Meeting November 17, 1999 Page Nine 99.223 F. Resolution NO, R-99-53 - Allthorizing Application to St, ,10hn~ River Water Managem~lg District Stormwate$ Master Plan Grant (Engineeriag Transmittal 1.1[~/99~ R-99-53) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ALrFHORIZING THE CITY MANAGER TO APPLY FOR STORMWATER GRANT; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read ResolUtion No. R-99-53 by title. MOTION by Barnes/Bishop "I make a motion to approve Resolution R-99-53." The City Engineer said the city is looking at a 50/50 split with St. Johns and that the City has $100,000 funded at this time. She noted that this study could result in an amendment to the base flood elevation. TAPE II- SIDE II (9:18 p.m.) ROLL CALL: Mr. Majcher Mayor Neuberger Mr. Barczyk Mr. Barnes Mr. Bishop - aye - aye - aye - aye - aye MOTION CARRIED 5-0 99.205 G. ResolutionNo,.R-99-55 - Ai~ort Sa~i;~se - (3o. klertttom Aviation, Inc. to A & B Leasing Ent., Inc. d/b/a Velocity Aircraft (Cio Manag~[ TtanamiR01 1/10/99, R-99-55, Exhibit A Sublease) RESOLUTION OFTHE CITY OF SEBASTIAN, INDIAN RIVER COONTY, FLORIDA, GRANTING APPROVAL TO SUBLEASE OF AIRPORT LAND FROM GOLDEN HORN AVIATION, INC. TO A AND B LEASING ENT., INC.; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-99-55 by title. Mr. Barnes noted a missing word on page 64. MOTION by Bames/Neuberger "I make a motion to approve Resolution R-99-55." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 Regular City Council Meeting November 17, 1999 Page Ten 99.224 H. First Reading of Ordinance.No. 0-99-38 - PQli~Retirement System - 5¢t Public Hearing for 12/1 ~L~9 (City Attorney Transmittal 11 / 10/99, O-99-38) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY. FLORIDA, AMENDING CODE CHAPTER 58, ARTICLE BI. POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-99-38 by title and reviewed the amendments required by state law. Typographical errors were noted in several locations. MOTION by Bishop/Majcher 'TII move to approve Ordinance O-99-38 on first reading and set public hearing for December 15, 1999." ROLL CALL: Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majeher - aye Mayor Neuberger - aye MOTION CARRIED 5-0 99.225 I. l~i~;a~t~r Emergency Reserve The City Manager had previously distributed documentation (see attached) and stated his recommendation as submitted "Move to program Disaster Emergency Reserve Funds to finance expenses incurred as a result of damage from both hurricanes Floyd and Irene." MOTION by Neuberger/Bames "So move." 17. Being no further business, Mayor Neuberger adjourned the Regular Meeting at 9:45 p.m. Approved at the thryn 1~. O'Hallora~, CMC/AAE City Clerk , i 999, Regular City Council M/e~g./- ~ lO 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 NOVEMBER 17, 1999 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHER WISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER Name: Subject: Mr. Guzzi Petition to One-Way Shakespeare Street Name: Subject: Subject: Name: ~ ~r,~J Subject: ~A~,¢C ~,~~/~,~'7 Name: Subject: Name: Subject: Name: Subject: Name: Subject: