Loading...
HomeMy WebLinkAbout0811200404.185 1-12 04.183 13 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, AUGUST 11, 2004 - 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 deliberaUon of ~he item by the City Council - limit of five minutes per speaker (R-04-26) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY MAYOR McCOLLUM 3. MOMENT OF SILENCE 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the vv~ten agenda may be added only upon a unanimous vote of Ciiy Council members (R-04-26) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 04.184 A. Presentation b~, Representatives from the Sebastian River Ama Chamber of Commerce Proposal for 5"' Annual Flats Fishing Tournament B. Presentation by Representatives from the Indian River County Health Dept. Regarding Rules, Regulations, and Reasons Relative to Heights of Drainfields and Applicable Criteria 7. CONSENT AGENDA AIIItsmsontheconsentagendaaraconsideredroutineandwillbeenactedbyonemotion. Therewillbenoseparatediscussion of consent a~enda item~ unless a member of City Council so requests; in which event, the item ~71 be removed and acted upon separately. A. Approval of Regular Meeting Minutes - 7/28/04 B. Approve the Purchase of New Traffic Safety Signage from Red Bud Supply Company and Universal Sign Company, Inc. for the Pelican Island Elementary School Zone Ama for a Total Cost Not to Exceed $21,864. (Engineering Transmittal 8/4/04) 04.184 C. Chamber of Commerce 5th Annual Flats Fishing Tournament at Ashford T. 15-19 Jordan Park on November 5 & 6, 2004: 9. 10. 11. 12. 04.178 21-27 04.168 29-32 04.182 33 13. Authorize the Closing of Main Street from US 1 East to Indian River Drive from Friday, November 5, 2004 at 3:00 pm until Saturday, November 6, 2004 at 7:00 pm Authorize Alcohol Sales on Fdday, November 5, 2004 from 5:00 pm to 9:00 pm and on Saturday, November 6, 2004 from Noon until 6:00 pm at Ashford T. Jordan Park (Public Works Transmittal 8/3~04, Application, Letter) COMMITTEE REPORTS/RECOMMENDATIONS - none PUBLIC HEARING - none. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not othen~ise on the agenda * sign-up required - limit of five minutes for each speaker OLD BUSINESS - none. NEW BUSINESS First Reading Ordinance No. O-04-16 Repeal Resign to Run Code, Set Public Hearing and Adoption Reading for August 25, 2004 (City Clerk Transmittal 8/3104, O-04-16, F.S.) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, SECTION 2-167, ADMINISTRATION- BOARDS, COMMISSIONS, COMMI I I ~ES. OF THE CITY CODE OF ORDINANCES; PROVIDING FOR CONFLICT PROVIDING FOR EFFECTIVE DATE. First Reading Ordinance No. O-04-17 Council Expenses and Travel, Set Public Hearing and Adoption Reading for September 8, 2004 (City Attorney Transmittal 8/4/04, O-14-17) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2 REGARDING COUNCIL EXPENSES AND CITY TRAVEL POLICIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. C. City Manager Performance Evaluation (HR Transmittal 8/4/04) CITY ATTORNEY MATTERS 14. CiTY MANAGER MATTERS 15. CITY CLERK MATTERS t6. CITY COUNCIL MATTERS A. Mayor McColium B. Mr. Heptinstall C. Mr. Coniglio D. Ms. Monier F. Mr. Barczyk 2 17. ADJOURN (Afl meetings shall adjourn at 10:30 p.m. unless extended for up to one haft hour by a majority vote of City Council) ff any person decides to appeal a decision with any respect to any matter considered at the above hearing or meeting, said person will need a verbatim record of all proceedings including the testimony and evidence, which is not provided by the City. (F.S. 286.0105) In compliance with the Americans with Disabilities Act (ADA), anyone who needs 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 atI Govemment Meeif~gs. Upcoming Meetings: · Council Budget Workshop - August 17~, 2004 6:00 pm · Regular City Council Meeting- August 25, 2004 - 7:00 pm · Regular City Council Meeting - September 8, 2004 - 7:00 pm · Regular City Council Meeting - September' 22, 2004 - 7:00 pm · Regular City Council Meeting- October 13, 2004- 7:00 pm · Regular City Council Me,ting- October 20, 2004 - 7:00 pm · Regular City Council Meeting - November 10, 2004 - 7:00 pm · Regular CiD/Council Meeting - November 24, 2004 - 7:00 pm · Regular City Council Meeting - December 8, 2004 - 7:00 pm · Regular City Council Meeting - December 22, 2004 - 7:00 pm 3 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 28, 2004 - 7:00 P.M. CITY COUNCIL CHAMBERS t225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3, 4. The Mayor called the regular meeting to order at 7:00 p.m. The Pledge of Allegiance was let by Councilmember Heptinstall. Invocation was given by Father Morrissey of St. Sebastian Catholic Church. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Mike Heptinstall Councilmember Lisanne Monier Staff Present: City Manager, Terrence Moore City Attomey, Rich Stdnger City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Building Director, Wayne Eseltine Finance Director, Shai Francis Growth Management Director, Tracy Hass Human Resources Director, James Sexton Police Chief, James Davis Police Lieutenant, Greg Witt Code Enforcement Officer, Antoine VanMeir Regular City Council Meeting July 28, 2004 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the writ~n agenda may be added only upon a unanimous vote of City Council members (R-04-26) None. 6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS 04.023 A. Presentation of Certificate to Employee of 2nd Quarter Mayor McCollum presented Code Enforcement Officer Antoine Van Meir with a plaque and savings bond. 04.169 B. Introduction of New Chief Building Official, Wayne Eseitine The City Manager introduced the new Building Official and he was welcomed to the City of Sebastian. 04.170 C. Keep Indian River Beautiful -Adopt-A-Street Program Cheryl Cummins presented a letter of intent to enter into a partnership with the City to reactivate the Adopt-A-Street Program (see attached) and asked for City Council's blessing to publish a press release and start the program. There were no objections to the proposal. 04.035 Presentation by Director of Finance Shai Francis - Third Quarter Fiscal Year 2003/2004 Amended Budget The Finance Director presented the third quarter budget amendment. 04.035 Presentation by Mayor Nathan B. McCollum - Analysis and Education Regarding Assessed Valuation in Sebastian Mayor McCollum presented a power point presentation to clear up any confusion about sources of the vadous taxes that appear on a County tax bill, noting the only taxes earmarked for the City of Sebastian are a 4.590 ad valorem tax and the Sebastian storm drainage assessment. He said property values have gone in accordance with appraisal by the Office of the Property Appraiser which will result in higher tax bills. CONSENT AGENDA All items on ~he consent agenda are considered rougne end will be enacted by one reotion. There will be no separate discussion of consent agenda items un,se a mereber of Cfly Council so requests; in which event, b~e item will be remeved and acted upon soparetely. 1-I0 A. Approval of Regular Meeting Minutes - 7/14104 Approval of Workshop Minutes - 7/21/04 2 Regular City Council Meeting July 28, 2004 Page Three 04.035 C. 04.127 D. 65-68 04.171 E. 69-70 04.172 F. 71-72 04.173 g. 73-88 04.174 H. 89-94 04.175 I. 95-98 04.108 J. 9~100 04.108 K. 101-102 Resolution No. R-04-30 Adopting an Amended Fiscal Year 2003-04 Budget (Finance Transmittal 7/20/04, R-04-30, Exhibit A, Memo, Reports, Schedules, Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2003 AND ENDING SEPTEMBER 30, 2004 AS PROVIDED FOR IN EXHIBIT PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE, Announce and Authorize City Manager to Certify Form DR-420 for a Maximum Millage Rate of 4.5904 Mills (Finance Transmittal 7/20/04, DR420, Certification) Approve the City Manager Travel to San Diego, Califomia to Attend the Intemational City/County Management Association's 90~ Annual Conference, October 17, 2004 to October 20, 2004 at San Diego Convention Center (City Manager Transmittal 7/15/04) Approve the City Clerk Travel to Leesburg City Hail on July 30, 2004 for FACC Meeting and Orlando on August 5, 2004 for MCC Lasediche User Group Meeting (City Clerk Transmiffal 7/22/04) Resolution No. R-04-31 Vacation of Easement -Adams - Lots 12 & 19, Block 551, Sebastian Highlands Unit 16 (GMD Transmittal 7/21/04, R-04-31, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 12 AND 19, BLOCK 551, SEBASTIAN HIGHLANDS UNIT 16; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE, Approve the Installation of 850 Feet of 30 and 36 Inch HDPE Pipe in Exchange for 40 Foot Easement on Klenck and Fischer Property (Engineering Transmittal 7/15/04, Easement, Map) Authorize the Award of Contract to netDirective Technologies to perform MIS and Network Consulting Services on as Needed Basis and Authorize Staff to Execute the Same (Finance Transmittal 6/23/04, Agreement) Approve Award of Contract to Regan Masonry in Amount Not to Exceed $7450.00 to Install Stem Wall Foundation for Cain House (Public Works Transmittal 6/16/04, Estimate) Authorize the City Manager to Execute the Indemnification and Hold Harmless Agreement Between the City of Sebastian and Florida Endeavors, LLC to Relocate Cain House (City Manager Transmittal 7/16/04, Agreement) 3 Regular City Council July 28, 2004 Page Four = 04.015 103-116 Meeting Mr. Barczyk removed item A and Mayor McCollum removed item G. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, consent agenda items B-F and H-K were approved by a roll call vote of 5-0. Item A - July 14, 2004 Re,qular Meeting Minutes Mr. Barczyk noted correction to his statement relative to the Spencer annexation on circle page 5, that the acreage should read 250,000 rather than 700,000. On MOTION by Mr. Barczyk and SECOND by Mr. Coniglio, item A was approved by a voice vote of 5-0. Item G - Vacation of Easement Mayor McCollum expressed concern for setting a precedent by vacating an easement without a noted hardship, but rather to increase the value of the property for sale. The City Attorney said the hardship for this lot would be that there is no access to it but through the abutting lot. On MOTION by Mayor McCollum, and SECOND by Mr. Coniglio, item G was approved by a roll call vote of 5-0. COMMITTEE REPORTS/RECOMMENDATIONS A. Code Enforcement Board i. Interview Unless Waived and Submit Nominations for Unexpired En.qineer Position (City Clerk Transmittal 7/12/04, Letter, Code, Applications, Ad, List) No applicants were present for interview. Mr. Coniglio nominated Mr. Dodd, and since there were no nominations, Mr. Dodd was automatically appointed to the position. On MOTION by Mr. Barczyk, and SECOND by Mr. Heptinstall, appointment of the alternate was added to the agenda by a voice vote of 5-0. Mr. Barczyk nominated Mr. Brauer to the alternate position, and since there were no nominations, Mr. Brauer was automatically appointed to the position. 4 Regular City Council Meeting July 28, 2004 Page Five 04.166 B. Parks & Recreation Advisory Committee Interview Unless Waived and Submit Nominations for Unexpired Zone B Position (City Clerk Transmittal 7/12/04, Code, Applications, Ad, List) Mr. Barczyk nominated Elizabeth Gray (Zone B) and since there were no other nominations, Ms. Gray was automatically appointed to the position. Fill ^t-La~e Position The City Council interviewed Michelle Medin. It was noted that she would have to resign her Tree Board position if appointed. No other applicants were present. Mr. Barczyk nominated Michelle Merlin for the altemate position, and since there were no other nominations, Ms. Merline was automatically appointed. Mr. Barczyk asked if applicant MaryAnn Krueger could fill the vacant position on the Tree Board, however, the City Clerk advised that the Code allows Council to automatically fib an alternate position on the same board if an alternate is moved up, but all other vacant positions have to be advertised. 9. PUBLIC HEARING 04.161 129-134 Adoption Readin,q of Ordinance No. O-04-15 Amendment to Chapter 102, Article V, Sebastian Stormwater Utility (En,qineerin,q Transmittal 6/15/04, O-04-15) AN ORDINANCE OF THE CITY SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 102, ARTICLE V SEBASTIAN STORMWATER UTILITY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. The City Attorney read the ordinance by title, and Mayor McCollum opened the public headng at 7:37 p.m. There was no public input. On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk, Ordinance No. O-04-15 was adopted by a roll call vote of 5-0. 04.176 135-160 Quasi-Judicial Public Hearin.q Resolution No. R-04-29 Modification of Conceptual Development Plan for Chesser's Gap PUD (GMD Transmittal 7/20/04, R-04-29, Plan, Map, Application, P & Z Minutes) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT KNOWN AS CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the ordinance by title, and Mayor McCollum opened the hearing at 7:38 p.m., there was no ex-parte communication to be reported, and the City Clerk swore in all those Regular City Council Meeting July 28, 2004 Page Six who offered to give factual testimony. Joseph Schulke, Schulke, Bittle & Stoddard, LLC, representing the applicant Sebastian General Partnership, presented the proposal for modification of the Chessers Gap conceptual development plan to City Council from industrial to multi-family residential. The Growth Management Director presented staff recommendation and noted the development plan will come back before City Council. He then responded to questions from Council. Ms. Monier strongly recommended that the workforce affordable housing be considered. Louise Kautenberg, said affordable workforce housing is badly needed in Sebastian. Bruce Lee was swom, noted objections raised during the Planning and Zoning Commission, expressed concern about density issues and appealed for lower density. Andrea Coy questioned the data used to determine need, objected to the modification until there is a revised comprehensive land use plan and a full plan for the property are in place. At the request of the City Manager, the Growth Management Director verified that there is a state mandate to provide for affordable housing and the City is still deficient and could be found to be inconsistent with its comprehensive land use plan. The Growth Management also noted the City is only required to update its comprehensive land use plan every ten years, however the City is revising it sooner to bring it up to standards TAPE I- SIDE II (8:02 p.m.) The Growth Management Director said staff was recommending the modification to the conceptual development plan tonight based on comprehensive development plan requirements and zoning consistency, wherein multi-family zoning is more compatible with adjacent single- family zoning than is industrial zoning. The City Attomey recommended an author's amendment to Section 1, as follows: "with the January 2004 narrative update and a plan bearing a date with engineer's certificate of July 20, 2004 prepared by Shulke, Bittle and Stoddard". The City Attorney noted no one was denied input on the density merely advised that there will be a full hearing on density at a later date. Ms. Monier said there is a conceptual plan in place before Council, and said she hoped the public does come when the preliminary plan comes before Council. The City Attorney said density will be discussed during preliminary development plan consideration. 6 Regular City Council Meeting July 28, 2004 Page Seven Mayor McCollum responded to resident concerns, and expressed his concern if this was to remain industrial, and his concurrence with the need for multi-family. Mr. Barczyk said the name should be "homes for working families" rather than affordable housing; said quality of life means different things to different people, and there is a need for multi-family in Sebastian. Mr. Coniglio said Council appreciates the manner in which Council protects them with good information. Mr. Heptinstall said he feels there is not enough done to enlighten citizens about the policies and procedures needed to conduct the business of the City; said Council is not trying to ignore anyone but there are legalities they must abide by. He invited residents to contact individual councilmembere with questions. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Resolution No. R-04-29 was adopted as amended (by the City Attorney) by a roll call vote of 5-0. Mayor McCollum called recess at 8:18 p.m. and reconvened the meeting at 8:28 p.m. All members were present. t0. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC item that has occurred or was discovered within the previous six months which is not otheffvise on the agenda - sign-up required - limit of five minutes for each speaker Damian Giiliams said revenue is increasing in the new tax year and hoped that the Council will carefully review the proposed line items with an eye to going to rolled-back rate. Mayor McCollum said the budget workshop will take place on August 17~h. tt. OLD BUSINESS 04.115 161-162 Direction ReRardin,cl Keep Indian River Beautiful's Request for Space (City Manaqer Transmittal 7/22/04, Letter) The City Manager gave a bdef background on the request from Keep Indian River Beautiful and requested further Council direction be offered to staff. He said that Cheryl Cummins and Carolyn Corum from Keep Indian River Beautiful were present to address Council. The City Attorney requested clear direction as to whether Council wants the recovery center located at the City complex or does it simply want to offer administrative offices. He said the recovery center would best be located in the back building, administrative offices would be best located in the old City Hall building with conditions decided by the location. Regular City Council Meeting July 28, 2004 Page Eight Mr. Coniglio said the most important part of KIRB is what they do for students and teachers that come to the recovery center to pick up supplies. He said it is not a transfer station but is a recovery center, and pointed out that no one else was requesting use of the building. Sal Neglia suggested they use the museum space adjacent to the Chamber of Commerce. He said these buildings belong to the citizens of Sebastian. Kitty Bos????, supported leasing property to KIRB because it will benefit the citizens of Sebastian. Mayor McCollum said Council had a contract to look at (contract with Vero Beach provided by Cheryl Cummins KIRB prior to the meeting - see attached), reported on his visit to the KIRB facility in Vero Beach, said he had heard from people who want to volunteer their time in Sebastian, and said he liked the fact that this is a month-to-month lease. The City Attorney suggested Council not waive the casualty insurance requirement. The City Attorney advised that Mr. Coniglio not vote on the actual contract since he is a board member on this organization. Mr. Barczyk said there was an idea to keep this building as a training and meeting facility, but noted that space had been previously promised to the Recreation Department. Cheryl Cummins said 1500 square feet could accommodate them if need be. Mr. Barczyk said the museum adjacent to the Chamber will become available soon, and that he had no problem with offices but did have a problem with a distribution center in the new City complex. Mr. Coniglio agreed that this building should be used for meetings and the other building could accommodate the use requested, said he liked the agreement presented, the City Attorney could work out the insurance aspect. Mr. Heptinstall said the adult day care at the Senior Center is in need of volunteers; and said this would be a good opportunity for the children from the Boys and Girls Club to learn from this facility and help out. He said the old Growth Management Department building is where this facility should be. Ms. Monier said Cheryl Cummins said a large amount of citizens are involved with this organization, it would be an honor to have the facility on the city complex, and that all that is left to de is instruct the City Attorney to look through the provided contract, clean it up and bring it back. Mayor McCollum said a revised contract should be brought back for Council review. Mr. Barczyk asked what plans are in place for this room and the City Manager said it was an administrative decision, said he had discussed options for this room with Parks and Recreation, that the room could be used as a multi-function room for various uses. Regular City Council Meeting July 28, 2004 Page Nine On MOTION by Ms. Monier, and SECOND by Mr. Heptinstall, staff was instructed to create a lease agreement with KIRB for the Growth Management building to include the recovery center and bring it back at the next meeting by a roll call of 3-1 (Barczyk - nay - Coniglio abstained from the vote at the recommendation of the City Attorney- see voting abstention form attached to these minutes) 04.024 163-164 Discussion Re,qardinq Historic Preservation Plannin,q (City Attome¥ Transmittal 7/22/04, Memo) The City Attorney advised City Council on historic preservation planning issues as set out in his agenda transmittal. Mr. Coniglio said historic planning should include the public. On MOTION by Mr. Barczyk, and SECOND by Mr. Coniglio Council approved City Attorney's recommendation by a voice vote of 5-0 (see agenda transmittal 04.024 in agenda packet) 12. NEW BUSINESS - none. None. 13. CITY A'I'FORNEY MATTERS 04.168 A. City Council Expense Account and Travel Policy The City Attorney advised that after Council selected expense account option 2 at the last meeting, staff met to try to establish language and technicalities, so recommended that Council consider either an agreed upon expense account to cover miscellaneous expenses with an option to opt out or just forget about an expense account altogether and be reimbursed for travel over 25 miles in accordance with the travel policy. It was the consensus of Council for option one with an opt-out provision and the City Attomey will come back with a revised ordinance and resolution. (see option language attached) TAPE II - SIDE I (9:15 p.m.) Other Matters The City Attomey reported that the additional homestead exemption did not make it on the state ballot due to a Supreme Court decision; reported on litigation by the School Board against the City regarding a utility franchise fee, citing that the courts have found in favor of the City; reported on the resign to run code provision which requires board members to resign ten days prior to the qualifying period to bring it in to line with state law which requires resignation of members who have municipal authority to resign ten days prior to qualifying but that the resignation not be effective until the election, and noted that purely advisory board members would not have to resign at all under Florida law; and reported that the Community Redevelopment Advisory Committee will report to City Council a recommendation on CRA funds prior to the final budget headng on September 22, 2004. 9 Regular City Council Meeting July 28, 2004 Page Ten '14. CITY MANAGER MATTERS 04.177 A. 165-168 Tree and Landscape Advisory Board Code Changes (Lettem, History) The City Manager cited the history of the tree board language, and that the issue will go before the Planning and Zoning Commission in the near future for a recommendation to City Council. Mr. Barczyk said Indian River County had just adopted a new tree ordinance and suggested the board look at their language. The City Attorney said DEP has come out with a model ordinance as well. Other Matters The City Manager updated Council on his discussions with Mr. Olmstead, Mr. Gilliams and the City Attorney relative to financing options on the property on US 1 south of the city limit, stating that there is a purchase contract on the property, and that any lease option in the amount of $22,000 per month the City might enter into would not go toward the purchase pdce; and reported that the proposed budget will be delivered to Council on July 30, 2004. t5. CITY CLERK MATTERS Received a consensus of Council for the Attorney to bdng back an ordinance on the resign to run issue. 16. CITY COUNCIL MATTERS A. Mr. Barczyk - None B. Mayor McCollum Noted that beginning in September, the second Indian River County Commission meeting of the month will take place at 6:30 p.m.; received consensus of Council for him to send a letter to Indian River County on behalf of Council stating the City is interested in the extension of Laconia to CR510; suggested a banquet for all committee members to thank them for what their contribution and it was the consensus of Council to agree to some kind of recognition dinner. Mayor McCollum asked that the City Manager bring this item to his next management meeting to determine the best time for board members to attend. Mayor McCollum reported on the "Night Out" event on August 3r~, in Riverview Park from 6 p.m. to 8 p.m. C. Mr. Heptinstall Mr. Heptinstall said knowing the lease price would not go toward the pdce of the Olmstead property answered his question. 10 Regular City Council Meeting July 28, 2004 Page Eleven D. Mr. Coniqlio 04.039 169-173 i. Growth Task Force (IRC resolution beqinnin.q, letter, a,qendas) Mr. Coniglio said this area could increase by 6000 plus homes, and recommended a task force to investigate growth issues such a septic problems and sewer cost issues. Ruth Sullivan, Sebastian, said Sebastian established a task fome composed of 45 people, which came up with a plan for the City. Andrea Coy, Sebastian, agreed that it was not necessary at this time since there are current boards who could do this investigation work. Carolyn Corum said she liked the idea of a task force due to investigate well and sewer concerns. Ann Putman said it would be better to do things through referendum rather than a chosen task force. Mrs. Sullivan said the prior plan is on file in the Clerk's office, and there are committees and staff members in place to oversee various issues. Ms. Monier said she is concerned with the negativity surrounding the City at this time, and this group could find solutions to make the City a better place to live with the help of a facilitator. Mr. Coniglio said City boards do not bdng recommendations to Council; and Mr. Heptinstall agreed that Council does not hear from boards, and asked if a committee was put together would they make suggestions to Council. Mayor McCollum said he would agree with formation of the task force after the November non-binding referendum on the question of annexation, so that the committee becomes a solution rather than becoming politicized. Mr. Coniglio said Council had already agreed to the annexation referendum and this was in no way an effort to stop it, but was an effort to come up with solutions for future growth. No action was taken on the proposal, E. Ms. Monier- None Mr. Heptinstall asked Mr. Giliiams to the podium at this time at his request. Mr. Gilliams addressed Council about the possibility of a lease option on the Olmstead property, stating no seller is going to tell you up front that anything is refundable. 11 Regular City Council Meeting July 28, 2004 Page Twelve TAPE fl- SIDE II (10:15 p.m.) Mr. Gilliams continued. Mr. Barczyk said he had been invited by Senator Pruitt to attend a breakfast in connection with one of his board appointments, and asked for Council approval. On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk, Mr. Barczyk's request was added to the agenda by a 5-0 voice vote. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, Mr. Barczyk was authorized to attend the breakfast with Senator Pruitt with the stipulation that he reports back to Council on a voice vote of 5-0. 17. Being no further business, the Mayor adjoumed the regular meeting at 10:20 p.m. Approved at the August 11th, 2004 Regular City Council meeting. Nathan B. McCollum, Mayor ATTEST: Sally A. Maio, CMC, City Clerk 12 CITT OF SEBASTIAN AGENDA TILA_NSMIT'FAL Subject: Purchase and Install New Traffic Safety Control Signage in the Pelican Island School Zone (area of Barber Street Schumann Drive) App~kvT~ bY~ Terrence R. M~ore Agenda No. ~)q . I ~.3 Department Department Head: a~/~ \~-.~.~' Finance Director: General Se~ For Agenda of: 8/11/2004 Exhibits: EXPENDITURE REQUIRED: $21,864 AMOUNT BUDGETED: APPROPRIATION REQUIRED: $21,864 FUNDING SOURCE: Local Option Gas Tax Accumulated Project Savings SUMMARY In response to concerns and under the d/rection and guidance of the City Manager, the Department of Engineering and the Sebastian Police Department have investigated and reviewed the traffic signage in the Pehcan Island Elementary school zone area (in the viciuity of Bather Su'eet and Schumann Drive). The findings of the investigation and review include a recommendation that the City purchase and install four (4) additional traffic control signage features to enhance school zone traffic safety control in the Pelican Island Elementary school zone area. That is: · Provide four (4) new School Zone flashing light signs. · Install new signsge in accordance with a comprehensive drawing plan by the Engineering Depot indicating specifications and locations. · The estimated total cost of these ~(4) new signs and additional installation material will be $21,864. · Red Bud Supply was the only company that responded to our bid request. Universal Signs is the standard supplier for the additional materials. Concrete mix will be purchased, with installation to be performed by Department of Engineering personnel. RECOMMENDED ACTION Move to approve the purchase of new traffic safety signage from Red Bud Supply Company, as well as Universal Sign Company, Inc. in the Pelican Island Elementary school zone area for a total cost not to exceed $21,864. CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Road Closures and Beer Sales Approval for Chamber of Commerce 5th Annual Flats Fishing Tournament Terrence ~ore -- AgendaNo. 0q.t q , Department Origln~ ~//' Purchasing/Contracting~_ .... Finance Director: City Attorney: City Clerk: Date Submitted: August 3, 2004 For Agenda of: August 11, 2004 Exhibits: Park Use Permit Application and Letter from Chamber of Commerce AMOUNT BUDGETED: N/A EXPENDITURE REQUIRED: None APPROPRIATION REQ ~UIRED: None SUMMARY The Chamber is seeking Council approval for a road closure and beer sales associated with their 5th Annual Flats Fishing Tournament. This year's tournament is on November 5 & 6, 2004 at Aslrt'ord T Jordan Park, which is located behind the Chamber Building. They are seeking approval to close Main St. from U.S. 1 east to Indian River Drive from Friday, November 5, 2004 at 3 PM until Saturday, November 6, 2004 at 7 PM. They are also seeking approval to sell beer and sodas fi'om 5 PM to 9 PM on Friday, November 5, 2004 and from noon to 6 PM on Saturday. Beer consumption will be restricted to the Park area south of the Chamber Building. The Chamber will be responsible to secure all licenses needed for beer sales. The attached letter from the Chamber has all the details associated with the event. City Staffhas met with representatives from the Chamber to discuss all logistics associated with this 9vent. The City will drop offbarricades and the Chamber will set up and take down all barricades needed for road closures. The Chamber will provide Porti Pottys for the event and the City will drop off bleachers for the event. Staff'has confmned with the Police Department that no extra duty officer is necessary for the event and regular patrols will be fine. This is the second year for this event at this location and we had no problems at all last year. RECOMMENDED ACTION Move to approve closing Main Street form U.S. 1 east to Indian River Drive form Friday, November 5, 2004 at 3 PM until Saturday, November 6, 2004 at 7 PM. Move to approve alcohol sales on Friday, November 5, 2004 from 5 PM to 9 PM and on Saturday, November 6, 2004 from Noon until 6 PM at Ashford T Jordan Park. June 23, 2004 Terrence Moore Manager, City of Sebastian 1225 Main St. Sebastian, Florida 32958 Re: Chamber of Commerce 5th Annual Flats Fishing Tournament Dear Mr. Moore: This letter is to request permission from the .C~ity of S.~ebastian to hold the Ch..mn. ber's Fifth Annual Flats Fishing Tournament, on Nov. 5u' and 6u', 2004, and we would hke permission to have this tournament at the Jordan Park on Main St., east of the Chamber building. The Flats Fishing Tournament is a Chamber sponsored event, designed to be a low cost opportunity for everyone, including junior anglers who fish for free, to take part in a tournament, regardless of whether or not they own a boat, and to highlight our wonderful resource, the Indian River Lagoon. Additionally it is scheduled in early November so that we can draw anglers to the community during the "off seasoft' for the benefit of our tourism related business. An additional feature of the tournament is "Take a Child Fishing", and because of the generosity of four sponsors, we were able to give children fi.om the Boys and Girls Club a chance to participate in the tournament. Although inclement weather did not allow the children to fish that day, they did receive their very own fishing tackle for their future fishing adventures and participated in the festivities. This year's event will feature a Captain's Meeting and registration, on Nov. 5th, 2004, a Friday night, with hot dogs, hamburgers, live entertainment, an exhibit area, raffles and drawings, from 5pm to 9pm. Saturday, Nov. 6 is the tournament competition, with events in the park starting at 6am and ending at 6pm with the tournament awards ceremony. We have averaged 80 anglers each year, depending upon [he weather, and families join the anglers during the awards ceremony, so we anticipate having approximately 200 people attend this event. We would like the City to grant us permission to close entrances to Main St., fi'om U.S. and Indian River Drive from Friday, Nov. 5th at 3pm and reopen it on Saturday, Nov. 6th at..7pm. We do not want to close Indian River Drive, and we will allow boats and trailers to enter the north boat parking area from the Indian River Dr. entrance to Main St. We will allow only the boats and trailers to come through to the parking spaces. The Main Street, in front of the Chamber liuilding will be utilized as part of the exhibit and tent area for the festivities. We also request that limited parking be allowed behind the Chamber building on the south side, where there is now dirt parking space available. We anticipate asking several of the surrounding businesses to allow overflow parking, if necessary. Additionally, we would request permission to sell beer and sodas at the event from 5pm to 9prn on Friday evening, and from noon until 6pm on Saturday. Beer sales and consumption would be restricted to the park area south of the Chamber building only. The event was held at this location last year, very successfully. We believe that holding this event at this location created several advantages. We were abl$ to utilize the Main St. dock facilities, without impacting other fishermen, tourists, businesses or the general public, who were able to use the Yacht Club docking facilities and parking at Riverview Park. Additionally, by holding this event at Jordan Park, we will be utilized a resource that had been undemsed in the past, and took some pressure off the use of Riverview Park. It will also drew attention to the fact that we have this wonderful park for smaller events. And finally, by holding the event at Jordan Park, we were able to brand the toumamant as a "Chamber" event, and use our facilities to support the activities. We appreciate your consideration for these requests, and we are available for any comments or questions you may have. Thank you. Very truly y~o (.~.,ursj Beth L. Mitchell Executive Director Sebastian River Area Chamber of Commerce 1225 Main Street, Sebastian, Fl 32958 Telephone (772)589-5335 - Fax (772)589-5570 ~ITY OF SEBASTIAN PARK,USE PERMIT APPLICATION ~,//~ Park Event - 50 to 300 Attendees $50.00 .~pplie~tion/Permit Fee Please check the appropriate Box: Special Event - 301 or More Attende~ $100.00 Application Fee Date: Name of Permittee: ~-~?-/,~ /J~ ~( Mailing Address: Telephone: ~7~- ~ Name of Organization or Group: ~ Reason for Use: ~'A~ A~ ~ T~me of Use: From: ~m To: ~.'~ w~tt there be ~ny sate of ~ooes? Yes / No If yes, please descriDe type of goods on bacK, Food or other types of vendors? Yes ~ No If yes, please list name, aOdress and type of vendors and schematic of any structures to be erected or otherwise assemDted on back, I, ~ [, ~[~ the unOersiBned, acKnowledBe that I am the apptic'ant or the authorized aBent o~ the appticant, I further acknowtedBe that I am aware of the provisions of the City of Sebastian Codes in respect to this apptication and the use of the City facilities for which Z have applied for a permit to allow a Park Event or a Special Event, I have ~de myself famitiar with the Eeneral rules and re[utations prescribed by the City and agree to the terms of the permit. Applicant/Agent Signature Ii~iliais ark Application Continued - If Required List any vendor information NAME I and/or schematics on this pa~e. ADDRESS TYPE Schematic: OFFICE USE ONLY: Special Conditions of Permit as Requested by City Manager order of ~ '~'4 , SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 700 MAIN ST. 772-589-5969 SEBASTIAN, Fl. 32~8 For :TI 7932 'Dollars e ~ ~:0~?0 h ~OS?~: 0 ~h ~S~"'O~ City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: First Reading Agenda No. O~, ~ 7 2/ ~ Ordinance No. O-04-16 Department Origin: City Clerk Repealing Resign to Run Provision and Date Submitted' 8/3/04 / Regulating City Council Member Service 8/11/O4 Ap For Agenda of Exhibits: O.r. dCi' ance No. O-4-16, FS 99.012 SUMMARY STATEMENT City Council reviewed Section 2-167 of the Code at the last regular meeting and d~rected an ordinance be drafted to repeal the requirement for board members to i resign to run prior to qualifying for elective office. FS 99.012 sets out provisions for resign-to-run, however, Section 99.012(7) provides that this section does not apply to persons serving without salary as member of appointive boards or authorities, which covers all of our boards. There is authority that the City's ability to regulate resign-to-run law is pre- empted by the State. Further, Section 4.01 of the City Charter states "All general laws of the State of Florida, relating to elections and the registration of persons qualified to vote therein which are not inconsistent or in conflict with the provisions hereof or the ordinances of the City of Sebastian, shall be applicable to all city elections." In the past the resign-to-run rule generally prevented any member of Council from maintaining a seat on a City advisory board. Since it is presumed that it is the Council's intent that it's members not sit on advisory boards, the additional section is put in to maintain the status quo. RECOMMENDED ACTION Move to pass Ordinance No. O-04-16 on first reading and schedule public hearing and final adoption for September 8, 2004. ORDINANCE O-04-16 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, TO REMOVE RESIGN TO RUN RESTRICTIONS AND REGULATE COUNCIL MEMBERSHIP ON BOARDS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Section 99.012 (2), Florida Statutes provides for restrictions on certain individuals qualifying for public office; and WHEREAS, Section 99.012 (7) (b) specifically states that this provision does not apply to persons serving without salary as members of an appointive board or authority; and WHEREAS, the City's existing Section 2-167 of the Code of Ordinances requires all members of any city board or committee to resign at least ten days prior to qualifying as a candidate for political office, and qualification for elective office is deemed immediate resignation from such board or committee; and WHEREAS, all city board and committee members serve without compensation; and WHEREAS, the City's authority to regulate resign-to-run is pre-empted by the State of Florida. 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 VI. Division I. of the City Code, City of Sebastian, Florida, Administration - Boards, Commissions, Committees, Section 2-167, is hereby amended to read as follows: Sec. 2-167. Appointments "The city council shall make all appointments and reappointments to the boards and committees of the city. Unless waived by the city council and the applicant, the city council, the city council shall interview persons, requesting consideration for appointment at a public meeting. Following such interview, the city council shall fill the vacancy from the list of applicants. All boards and committees shall have at least one alternate member, with a maximum of two alternate members. ....~ ..... li~,.i,-,~,.....~ '~"'".-, +~""'.,.~ ~"~'~'"'"~...-- ..~"O -.'"" ........... ..k^,. ;.,+~,,-.4.-. *.C ..... ..,~.L-. v. ,~.,~e~'~' .l~l4, ....... .., .,.--...--v.~""" 0¢. ~ oJty ~ No person shall serve on more than one city board or permanent committee simultaneously." Section 2. That the Code of Ordinances, City of Sebastian, Flodda, is hereby amended by adding a section, to be number 2-35, which said section shall read as follows. "Sec. 2-36. Other Boards or Committees. Absent express authorization within the ordinance or resolution establishing a board or committee of the City, no member of Council shall serve thereupon in any capacity. # Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. 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 sai/d'~_,~,'~ remainder to remain in full force and effect. Section immediately. EFFECTIVE DATE. This Ordinance shall become effective The 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 Nathan B. McColium Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Councilmember Mike Heptinstall The Mayor thereupon declared this Ordinance duly passed and adopted this day of ,2004. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Nathan B. McCollum Approved as to Form and Legality for Reliance by the City of Sebastian Only: Sally A. Maio, CMC City Clerk Rich Stringer, City Attorney 3 99.012 Restrictions on individuals qualifying for public office.-- (1) As used in this section: (a) "Officer" means a person, whether elected or appointed, who has the authority to exercise the sovereign power of the state pertaining to an office recognized under the State Constitution or laws of the state. With respect to a municipality, the term "officer" means a person, whether elected or appointed, who has the authority to exercise municipal power as provided by the State Constitution, state laws, or municipal charter. (bi "Subordinate officer" means a person who has been delegated the authority to exercise the sovereign power of the state by an officer. With respect to a municipality, subordinate officer means a person who has been delegated the authority to exercise municipal power by an officer. (2) No person may qualify as a candidate for more than one public office, whether federal, state, district, county, or municipal, if the terms or any part thereof run concurrently with each other. (3)(a) No officer may qualify as a candidate for another public office, whether state, district, county, or municipal, if the terms or any part thereof run concurrently with each other, without resigning from the office he or she presently holds. (bi The r. esignation is irrevocable. (c) The written resignation must be submitted at least 10 days prior to the first day of qualifying for the office he or she intends to seek. (d) The resignation must be effective no later than the earlier of the following dates: 1. The date the officer would take office, if elected; or 2. The date the officer's successor is required to take office. (e)l. An elected district, county, or municipal officer must submit his or her resignation to the officer before whom he or she qualified for the office he or she holds, with a copy to the Governor and the Department of State. 2. An appointed district, county, or municipal officer must submit his or her resignation to the officer or authority which appointed him or her to the office he or she holds, with a copy to the Governor and the Department of State. 3. All other officers must submit their resignations to the Governor with a~. copy to the Department of State. (f)l. With regard to an elective office, the resignation creates a vacancy in office to be filled by election. Persons may qualify as candidates for nomination and election as if the public officer's term were otherwise scheduled to expire. 2. With regard to an elective charter county office or elective municipal office, the vacancy created by the officer's resignation may be filled for that portion of the officer's unexpired term in a manner provided by the respective charter. The office is deemed vacant upon the effective date of the resignation submitted by the official in his or her letter of resignation. (g) Any officer who submits his or her resignation, effective immediately or effective on a date prior to the date of his or her qualifying for office, may then qualify for office as a nonofficeholder, and the provisions of this subsection do not apply. (4)(a) Any officer who qualifies for federal public office must resign from the office he or she presently holds if the terms or any part thereof run concurrently with each other. (bi The resignation is irrevocable. (c) The resignation must be submitted no later than the date upon which the officer qualifies for office. (d) The written resignation must be effective no later than the earlier of the following dates: 1. The date the officer would take office, if elected; or 2. The date the officer's successor is required to take office. (e)l. An elected district, county, or municipal officer must submit his or her resignation to the officer before whom he or she qualified for the office he or she holds, with a copy to the Governor and the Department of State, 2. An appointed district, county, or municipal officer must submit his or her resignation to the officer or authority which appointed him or her to the office he or she holds, with a copy to the Governor and the Department of State. 3. All other officers must submit their resignations to the Governor with a copy to the Department of State. (f):l. The failure of an officer who qualifies for federal public office to submit a resignation pursuant to this subsection constitutes an automatic irrevocable resignation, effective immediately, from the office he or she present)y holds. 2. The Department of State shall send a notice of the automatic resignation to the Governor, and in the case of a district, county, or municipal officer, a copy to: a, The officer before whom he or she qualified if the officer held an elective office; or b. The person or authority who appointed the officer if the officer held an appointive office. (g) The provisions of any special act to the contrary notwithstanding, with regard to an elective office, the resignation creates a vacancy in office to be filled by election, thereby permitting persons to qualify as candidates for nomination and election as if the officer's term were otherwise scheduled to expire. With regard to an elective charter county office or elective municipal office, the vacancy created by the officer's resignation may be filled for that portion of the officer's unexpired term in a manner provided by the respective charter. The office is deemed vacant upon the effective date of the resignation submitted by the official in his or her letter of resignation. (5) A person who is a subordinate officer, deputy sheriff, or police officer must resign effective upon qualifying pursuant to this chapter if the person is seeking to qualify for a public office that is currently held by an officer who has authority to appoint, employ, promote, or otherwise supervise that person and who has qualified as a candidate for reelection to that office. (6) The name of any person who does not comply with this section may be removed from every ballot on which it appears when ordered by a circuit court upon the petition of an elector or the Department of State. (7) This section does not apply to: (a) Political party offices. (b) Persons serving without salary as members of an appointive board or authority. (8) Nothing contained in subsections (3) and (4) relates to persons holding any federal office. City of Sebastian, Florida ~C~ OF THE crD~ ATTO~Y AGENDA TRANSMITTAL Agenda No. Subject: Ordinance O-04-17; Council expenses and travel Date Submitted: 8/4/04 For Agenda off 8/11/04 SUMMARY: As discussed at previous meetings, the curreqt travel system has some inherent impracticalities. Pursuant to direction of Council, the Code is being amended to govern Council expenses and travel. Charter officer travel is largely governed by contract and budgeting. Staff travel is more properly the subject of administratively adopted policy. RECOMMENDED ACTION: Pass Ordinance O-04-17 on first reading and set a public hearing on September 8,2004 REVIEWED BY CITY CLERK: ~/]$A. ~'~/' ]~d AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGI~R',////w//_~ ORDINANCE NO. O-04-17 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2 REGARDING COUNCIL EXPENSES AND CITY TRAVEL POLICIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is in the best interest to modify the existing policies of the City concerning travel and City Council expenses due to impracticalities in accounting for the same under the current system and to further compliance with the City's charter form of government; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 2-34 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 2-34. Expenses of council members. There shall be paid '^ '~ ................ c...~ ,,-,, ,~^, ~:P. am por .... ~' ......... ' .......... ~ '~'--- ~'~ ~ -~:~ to each co~cil m~ber a fi~y ($50.00) doll~ per mon~ expense ~low~ce ~ 1~ sm reimb~sement for incidmtal expenses. ~clud~e costs for ~avel ..... ~ ....with zzzffzn 2 ,o Section 2. That section 2-77 of the COde of Ordinances, City of Sebastian, Florida, is hereby renumbered as section 2-35 and is amended to read as follows: Sec. 2-35. Travel authorization and reimbursement. '~:'-' ~' ..... :' Council members shall obtain prior authorization for travel outside Indian River County ~..~:: t: :..-:y ~x:':! at a regular city council meeting. Such authorization shall be by majority vote of the council members in attendance. Appointment by the council of a member to be the City's representative to a committee or agency shall be deemed to be authorization to attend meetings of said committee or agency. Council members shall be reimbursed for their actual And necessary travel exoenses in accordance w/th oolicies and orocedur¢~ adooted bv resolution~ Section 3. That section 2-78 of the Code of Ordinances, City of Sebastian, Florida, is hereby deleted and the number reserved as follows: Section 4. CONFLICT. herewith are hereby repealed. All ordinances or parts of ordinances in conflict Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold 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 did not intend to enact such invahd provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to continue in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall take effect immediately. The 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 Nathan B. McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisarme Monier Councilmember Michael Heptinstall The Mayor thereupon declared this Ordinance duly passed and adopted this 8th day of September, 2004. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, CMC City Clerk By: Mayor Nathan B. McCollum Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney CITY OF SEBASTIAN AGENDA TRANSMYTTAL Subject: City Manager Performance Evaluation ~/mittal by: City Manager Agenda No. ~q. Department Origin: Human R~ Purchasing/Contracting: Finance Director: ~eY: City Clerk: Date Submitted: 8/4/04 ]ForAgenda of: 8/11/04 Exhibits: NA EXPENDITURE REQUIRED: AMOUNT BUDGETED: SUMMARY APPROPRIATION REQUIRED: As a result of the performance evaluations being received from City Cotmcilmembers for the City Manager, Terrenee Moore, staff submits this tran.qmittal to place his appraisal on