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HomeMy WebLinkAbout12102003 REGULARHOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 10, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. The Vice Mayor called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Father Morrissey, St. Sebastian Catholic Church gave the invocation. ROLL CALL City Council Present: Vice-Mayor Raymond Conigiio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum City Council Absent Mayor Walter Barnes (excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski City Engineer, David Fisher Finance Director, Shai Francis Golf Course Director, Greg Gardner Growth Management Director, Tracy Hass Police Chief, James Davis Public Works Director, Terry Hill Regular City Council Meeting December 10, 2003 Page Two o AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of (.;ity Council members (R-03-14) It was the consensus of City Council to remove items 6D and 8D regarding the proposed New Years' Eve celebration in Riverview Park, which was withdrawn by the applicant. It was the consensus of City Council to add a presentation of plaque to Don Campbell as item 6F. 6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS 03.236 A. Presentations - Pride in Sebastian Awards Pro.qram The Pride in Sebastian Award for renovation was awarded to Mr. & Mrs. William Leithiser of Anchor Village. The Pride in Sebastian Award for new construction was awarded to Graham Hutchinson Walgreens, Store #6991 on 9595 U.S. Highway 1. 03.237 Presentation by Paul Tritaik, Refu.qe Manager, Pelican Island and U.S. Fish & Wildlife Service - Certificates of Appreciation for Pelican Island Centennial Celebration Pelican Island Refuge Manager, Paul Tritaik presented certificates of appreciation to the Vice Mayor Coniglio for the City of Sebastian, Mayor Walter Barnes, City Manager,Terrence Moore; Public Works Director, T~rry Hill; Recreation Superintendent, Chris McCarthy; Roads Superintendent, Jerry Converse; Engineering Technician, Brian Greziak, Airport Director, Jason Milewski; and Police Chief Jim Davis; Police Captain David Puscher; Police Lieutenant Bob Lockhart; Police Lieutenant Greg Witt; and Police Officer Paul Graves. He also commended the police volunteers. 03.238 C. Proclamation for United Way Mental Health Collaborative Vice Mayor Coniglio presented the proclamation to Jane Coyle, Past President of the United Way Board of Directors. Regular City Council Meeting December 10, 2003 Page Three F. Presentation of Plaque to Mr. Don Campbell Vice Mayor Coniglio presented a plaque of appreciation to Don Campbell who volunteered his time to improve the Golf Course. 03.098 9-1o Eo Presentations by Parks & Recreation Committee Members (Public Works Transmittal 12/2/03, Letter) Wayne LeBoeuf, member of Parks and Recreation, spoke on pedestrian safety issues on Indian River Drive adjacent to the boat ramps. He read the committee letter into the record (letter is included in this agenda packet), and asked the status of the committee's written recommendation submitted in July. The City Manager said he would be happy to come back with a recommendation to Council relative to the committees' letter, and initiate direction to the Engineering Department relative to safety concerns. City Council concurred. Jeanne Jessup, District C member of Parks and Recreation, supported the removal of funding for development of "Southside Park" and leave it pristine. 7. ELECTION MATTERS 03.231 11 A. Proclamation Callinq 3/9/04 General Election (Proclamation) The Vice Mayor read the proclamation on behalf of Mayor Barnes, and it will be posted in City Hall. 03.231 13-16 Bo Resolution No. R-03-56 - 3/9/04 General Election Matters (City Clerk Transmittal 11/18/03, R-03-56) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING THE OFFICIAL POLLING PLACES AND OFFICES TO BE FILLED DURING, AS WELL AS AUTHORIZING PUBLICATION OF NOTICE AND DELEGATION OF ADMINISTRATION FOR, THE GENERAL ELECTION TO BE HELD ON MARCH 9, 2004; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-03-56 by title. Regular City Council Meeting December 10, 2003 Page Four MOTION by Hill/Barczyk "1 would move approval of Resolution No. R-03-56." Mayor Barnes - absent Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 4-0 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 City Council so requests; in which event, the item will be removed and acted upon separately. 17-30 A. Approval of Regular Meeting Minutes - 11/12/03 03.190 31-36 Approve First Amendment to Barbour Multimedia, Inc. Special Events Videotaping Agreement (City ManagedClerk Transmittal 11/19/03, Amendment, Agreement) 03.202 37-48 Authorize the City Manager to Execute a Cooperative Agreement Between the St. Johns River Water Management District and the City of Sebastian for the Stormwater Park (City Manager Transmittal 12/3/03, Agreement) 03.232 49 52 03.233 53-54 Authorize the Purchase of Twenty Recycled Plastic Trash Receptacles, Eight Recycled Plastic Park Benches and Six Recycled Plastic Picnic Tables from Southern Park and Play Systems of Melbourne for the Total Price of $10,455.20 Based on St. John's County Bid (Public Works Transmittal 12/1/03, Quote) 03.234 55-56 Fo Authorize the First Year Renewal of Three Year Agreement Between the City of Sebastian and Total Print, Inc. for Printing Services of Quarterly Pelican Brief Community Newsletter in the Amount of $8,700.00 Per Year (City Manager Transmittal 12/3/03) 03.235 57-60 Approve Award of Amended Contract with Regan Masonry & Concrete, Inc. for Construction of Concrete Sidewalks and Other Miscellaneous Concrete Work on an as Needed Basis, Subject to Terms and Conditions of the Contract for a Period of One year with Provisions to Renew Contract on Year-to-Year Basis for Up to Total Amended Contract Period of Three Years Upon Mutual Agreement of Both Parties (Engineering Transmittal 12/1/03, Letter) Regular City Council Meeting December 10, 2003 Page Five Mr. Hill removed items E and G. The City Attorney amended item G to include pricing for a 5 inch sidewalk as well. MOTION by McCollum/Hill "Move approval of A, B, C, D, I'm sorry A, B, C and F." Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - absent Mr. Coniglio - aye Mr. Barczyk - aye Roll Call carried 4-0 Item E - Play,qround Equipment Mr. Hill questioned the policy of piggybacking bids rather than bidding out and going with the piggyback if it is the best price. He recommended informal bids such as phone quotes for the comfort of Council. Mr. McCollum noted that formal bidding is costly. MOTION by Hill/Barczyk "With that I would move approval of item E." Mr. McCollum - aye Mayor Barnes - absent Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Roll Call carried 4-0 Item G - ReRan Masonry & Concrete, Inc. Mr. Hill expressed concern for the increased price without benefit of bidding. The City Manager said the City's long term relationship with Regan Masonry and the numbers presented were instrumental in the recommendation. Regular City Council Meeting December 10, 2003 Page Six MOTION by Hill/Barczyk "With that I move approval of item F--G, item G, yes as amended." Mr. Barczyk - aye Mr. Hill - aye Mr. McColium - aye Mayor Barnes - absent Mr. Coniglio - aye Roll Call carried 4-0 9. COMMITTEE REPORTS/RECOMMENDATIONS - None 10. PUBLIC HEARING 03.053 61-64 Ao Resolution No. R-03-51 Modifying the Community Redevelopment Plan (GMD Transmittal 12/4/03, R-03-51) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA PURSUANT TO CHAPTER 63 FLORIDA STATUTES APPROVING A MODIFIED COMMUNITY REDEVELOPMENT PLAN FOR, AND EXPANDING THE AREA OF, THE SEBASTIAN COMMUNITY REDEVELOPMENT AREA; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. (Legal Ad 11/30/03) The City Attorney read the title and the Vice Mayor opened the public hearing at 7:55 p.m. Discussion took place on formation of a new Community Redevelopment Agency (CRA). Ruth Sullivan, Indian River Drive, Sebastian, expressed grave concerns about the program as modified and as originally established. She said the tax incentive program for the district will starve the rest of the community that will be deprived of the tax funding sou rce. Vice Mayor Coniglio closed the public hearing at 8:05 p.m. The City Manager said there will be opportunities to pursue grants for programs within the district as well, that taxes gleaned from the district are minimal, and without the district funding from other sources improvements would not be able to be pursued. MOTION by Hill/McCollum "1 would move approval of Resolution No. R-03-51." Discussion followed on the creation of a citizen CRA for the January 28, 2004 agenda. Regular City Council Meeting December 10, 2003 Page Seven Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - absent Mr. Coniglio - aye Mr. Barczyk - aye 03.053 65-~ Roll Call carried 4-0 B. Public Hearin,q and Adoption Hearing Ordinance No. 0-03-28 Presentation of CRA Trust Fund Modification (GMD Transmittal 12/4/03, O-03-28) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, MODIFYING THE EXISTING REDEVELOPMENT TRUST FUND AND BOUNDARIES FOR THE CITY OF SEBASTIAN'S COMMUNITY REDEVELOPMENT DISTRICT TO INCLUDE THE SEBASTIAN BOULEVARD "TRIANGLE" PER FLORIDA STATUTES 163.387; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 11/12/03, Legal Ad 11/30/03) The City Attorney read the title and the Vice Mayor opened the public hearing at 8:10 p.m. He noted a modification in 78-30 (b) "as established by Resolution No. R-95-12" which should be deleted. MOTION by Hill/Mcollum "Mr. Vice-Mayor I move adoption of Ordinance No. 0-03-28." Mayor Barnes - absent Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 4-0 03.098 71-76 Public Hearing and Adoption Hearing Ordinance No. O-03-29 - Parks & Recreation Advisory Committee (City Attorney Transmittal 11/3/03, 0-03-29) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 2, ARTICLE IV, ADMINISTRATION: BOARDS, COMMISSIONS, COMMITTEES, TO CREATE DIVISION 3, PARKS AND RECREATION ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. (1~ Reading Consent Agenda 11/12/03, Legal Ad 11/26/03) The City Attorney read the title and the Vice Mayor opened the public hearing at 8:14 p.m. He requested clarification on what the committee's role is. Regular City Council Meeting December 10, 2003 Page Eight 11. The City Attorney noted that the ordinance as set out in the agenda packet has been amended (see amended ordinance attached ) Vice Mayor Coniglio closed the public hearing at 8:1 8 p.m. MOTION bv BarczykJHill "Move to pass Ordinance No. O-03-29 as amended." Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes ~ (..,.~3z4,~'1'-' Mr. Coniglio - aye Roll Call carried 4-0 The City Clerk said, for the record, Jayne Barczyk has resigned from Code Enforcement effective immediately in accordance with her choice to stay on the permanent Parks and Recreation Committee. 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 of ten minutes for each speaker Sal Neglia commended the City on its new police boat; said 27 cars and trailers were parked in Riverview Park during the craft show over the weekend; and asked why someone was selling Christmas trees on Indian River Drive. The City Manager said he would look into it. Vice Mayor Coniglio said someone should be checking events for code compliance. Russ Owen, suggested volunteers be used to keep code compliance relative to parking. Ruth Sullivan endorsed the competitive bidding process; and said it was not to the City's benefit to annex large chunks of residential property because of the services they will require. She cited a study conducted and adopted by Resolution R-98-51 in 1998; and expressed concern that we are providing amenities for tourists only. Vice Mayor Coniglio called recess at 8:37 p.m. and reconvened the meeting at 8:48 p.m. All members present at roll call were present when the meeting reconvened. Regular City Council Meeting December 10, 2003 Page Nine 12. OLD BUSINESS 03.093 A. 77-88 Resolution No. R-03-57 Removing the Funding for the Southside Recreation Complex Project from the Five Year Capital Improvement Budget (City Manager, Finance, GMD Transmittal 12/3/03, R-03-57, Exhibit A) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FIVE YEAR CAPITAL IMPROVEMENT PLAN AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title and the City Manager explained the removal of the funding at this time. He then clarified that no more than this $200,000 was ever approved for this proposed project. Mr. McCollum said he was in favor of putting this park to rest and to let future Councils look at it at such time that it might be needed. Maryanne Krueger, thanked Council for this action tonight and the preservation of this natural area. MOTION by Hill/McCoilum "1 move to approve Resolution R-03-57." Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - absent Mr. Coniglio - aye Mr. Barczyk - aye Roll Call carried 4-0 13. NEW BUSINESS 03.235 89-90 A. City Clerk Performance Evaluation (HR Transmittal 11/19/03) Each City Councilmember gave the City Clerk and her office high praise and recommended a salary increase. Hill/McCollum "1 would move to increase Sally's pay by 3.5%." Mr. McCollum - aye Mayor Barnes -aye- Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Roll Call carried 5-0 Regular City Council Meeting December 10, 2003 Page Ten 14. CITY ATTORNEY MATTERS Reported on the court's favorable decision relative to Capital Sanitation, and reported that he plans to pursue the claim against their bond. Stated he will be meeting with all of the boards and committees to review procedures and authorities. Advised that the Southside Park will have to be formally removed from the Comprehensive Land USe Plan at a future date. 15. CITY MANAGER MATTERS 03.191 91-92 A. Acknowled.qements and Compliments from Residents (no backup), The following City departments and employees were heralded: Ken Jones and the Stormwater department for implementing improvements; Public Works for resurfacing 2nd Street; Parks and Recreation employees: Bill Scofield and Mamento Marino who found a laptop at Barber Street Sports Complex and received a written commendation from County School Board; Code Enforcement Officers VanMeir and Lindquist; Police Officers: Brannen, Snell, Acosta, Lockhart, Antocha, Grimmich, Wheeler, Johnson, Mills, Beyers, Graves, Puscher; Communications Technicians: Brown and DeMarco for locating a missing alzheimers patient; Police Volunteers Stanbury and Gorchess for serving the community. Council requested a copy of any written correspondence regarding these employees. Other Matters Reported that electrical issues need to be addressed on the Twin Pier project which means the piers will not be open during the Art and Music Festival. 16. CITY CLERK MATTERS None. 17. CITY COUNCIL MATTERS a. Mayor Barnes - absent b. Mr. Hill Asked Engineering to come and explain what the City is doing with side and rear yard ditches. The City Manager said during the January 14, 2004 meeting he will invite the Stormwater Engineer to do a presentation. Regular City Council Meeting December 10, 2003 Page Eleven c. Mr. Coniqlio 03.235 i. Assignment to IRC Commission Meetings January - Coniglio February - Barczyk March - McCollum Vice Mayor Coniglio suggested reports on items of interest to Council. Asked that Florida Power and Light be invited to attend a meeting to explain the installation of new lines. The City Manager planned to have a presentation for the 1/14~04 meeting. Discussed homestead exemption and the need to offer additional homestead exemptions to senior citizens as allowed by law and requested a staff report as to the revenue impact. The City Manager said his office can work with Finance to come up with an analysis for the 2004/2005 fiscal year budget. It was the consensus of Council for him to pursue such a report. Said maybe it is time to start a grass roots effort to end the homestead exemption for new residents, asked that officials talk to other governmental agencies and bring it back for discussion in the next couple of months. Announced the Chamber of Commerce and City sponsored Art and Music Festival this weekend. d. Mr. McCollum In response to Mr. McCollum's tower inquiry, the Airport Director said in the fifth year of an FDOT projection there is funding for an airport tower, however there are a great number of things that will need to be done before a tower would be considered. e. Mr. Barczyk Said the Yacht Club parking lot lines have not yet been painted. Requested a fishing line container be placed out on pier. Expressed concerns with car and boat parking at the Yacht Club. 18. Being no further business, the Vice Mayor adjourned the meeting at 9:32 p.m. Approved at the January 14, 2004 Regular City Council Meeting. ,~',,~ W~al'te~ W. I~rnes, Mayor "S'~ly A.~a~o, CMC, Ci y Clerk INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET December 10, 2003 REGULAR MEETING "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA*- LIMIT OF 10 MINUTES PER SPEAKER If the item on which you wish to speak is on the printed agenda, do not sign this form. The Mayor will call for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. Name: .~ ~ ~'~ ' / New Subject: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: 03.053 PUBLIC HEARING SIGN-UP SHEET Public Hearing and Adoption Hearing Ordinance No. O-03-28 Presentation of CRA Trust Fund Modification AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, MODIFYING THE EXISTING REDEVELOPMENT TRUST FUND AND BOUNDARIES FOR THE CITY OF SEBASTIAN'S COMMUNITY REDEVELOPMENT DISTRICT TO INCLUDE THE SEBASTIAN BOULEVARD "TRIANGLE" PER FLORIDA STATUTES 163.387; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1s~ Reading 11/12/03, Legal Ad 11/30/03) NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS 03.098 PUBLIC HEARING SIGN-UP SHEET Public Hearing and Adoption Hearing Ordinance No. O--03-29 - Parks & Recreation Advisory Committee AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 2, ARTICLE IV, ADMINISTRATION: BOARDS, COMMISSIONS, COMMITTEES, TO CREATE DIVISION 3, PARKS AND RECREATION ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. (1st Reading Consent Agenda 11/12/03, Legal Ad 11/26/03) NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS 03.053 Ao PUBLIC HEARING SIGN-UP SHEET Resolution No. R-03-51 Modifying the Community Redevelopment Plan A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA PURSUANT TO CHAPTER 63 FLORIDA STATUTES APPROVING A MODIFIED COMMUNITY REDEVELOPMENT PLAN FOR, AND EXPANDING THE AREA OF, THE SEBASTIAN COMMUNITY REDEVELOPMENT AREA ; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. (Legal Ad 11/30/03) NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS HOME OF PELICAN ISLAND MEMORANDUM TO: MAYOR BARNES AND CITY COUNCIL MEMBERS FROM: SALLY MAIO, CMC - CITY CLERK"~.~~, SUBJECT: JAN UARY 14, 2004 AGENDA PACKET - 12/10/03 AN D 12tl 7t04 MINUTES CORRECTIONS DATE: 1/13/2004 CC: CITY MANAGER, CITY ATTORNEY, DEPUTY CITY CLERK PLEASE NOTE NEEDED CORRECTIONS TO MINUTES IN YOUR AGENDA PACKETS AS FOLLOWS: 12/10/03 - PAGE 8 (CIRCLE 34) - MAYOR BARNES SHOULD BE MARKED ABSENT IN THE ROLL CALL - PAGE 9 (CIRCLE 35) - MAYOR BARNES SHOULD BE MARKED ABSENT IN THE SECOND ROLL CALL 12/17/03 PAGE 12 (CIRCLE 50) - ROLL CALL SHOULD REFLECT MCCOLLUM VOTING NO AND BARCZYK VOTING YES I APOLOGIZE FOR ANY CONFUSION. SAM ORDINANCE 0-03-29 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 2, ARTICLE IV, ADMINISTRATION: BOARDS, COMMISSIONS, COMMITTEES, TO CREATE DMSION 3, PARKS AND RECREATION ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City has recently committed to a long-term program of expanding and improving passive park facilities, as well as active recreation, through establishment of the Sebastian Recreational Impact Fee; and WHEREAS, the City Council of the City of Sebastian determines that it would be in the public interest to have a permanent committee of citizens to advise the City Council as it develops a long-term policy on recreational activities and the development of the City park system; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Chapter 2, Article IV of the City Code, City of Sebastian, Florida, ADMINISTRATION: Boards, Commissions, Committees, is hereby amended to create Division 3, PARKS AND RECREATION ADVISORY COMMITTEE consisting of Sections 2-211 through 2-214, to read as follows: Sec. 2-211. Establishment. The City Council of the City of Sebastian hereby establishes a Parks and Recreation Advisory Committee. The purpose of the Committee shall be to study and provide recommendations to City Council: } As to the development of the park system,, and >' As to the provision of active recreation programs and facilities Membership on the Committee shall be through appointment by City Council. Sec. 2-212. Panel Composition. The Committee shall be composed of five residents, with one member from each of the four recreational impact fee districts and one at-large member. In the event that no suitable applicants are available from a district, another at-large member may be appointed in their place. Sec. 2-213. Terms. Following appointment of the initial Committee members, the representatives of districts A and C shall serve until May 31, 2005; the representatives of districts B and D shall serve until May 31, 2006; and the at- large member shall serve until May 31, 2007. Thereafter, Committee member terms shall be three years in length. Sec. 2-214. Procedures. At the regular meeting of June of each calendar year, or at the first regular meeting thereafter, the Committee shall select a chairman and vice- chairman. The Committee shall adopt rules of procedure and a meeting schedule. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall become effective immediately. The Barczyk Hill foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes ab sen t Vice-Mayor Ray Coniglio aye Councilmember Joe Barczyk aye Councilmember James Hill aye Councilmember Nathan B. McCollum aye The Mayor thereupon declared this Ordinance duly passed and adopted this 10th day of December, 2003. ATTEST: CITY OF SEBASTIAN, FLORIDA B~ ~. Ray Coniglio, Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City At~rr~y Vice-Mayor