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Home My WebLink About07092003 REGULARCity Council Present: Mayor Walter Barnes Vice -Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski Airport Intern, Allison Swint Public Works Director, Terry Hill Parks Supervisor, Chris McCarthy Growth Management Manager, Jan King Police Captain, Dave Puscher Police Lieutenant, Bob Lockhart Public Works Director, Terry Hill CITY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 9, 2003 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the Regular City Council Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. A moment of silence was held. 4. ROLL CALL Regular City Council Meeting July 9, 2003 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND /OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R- 03 -14) The City Manager cited the memo dated July 9, 2003 (see attached) to amend consent item C and remove consent item G. City Council concurred 5 -0. 6. PROCLAMATIONS, ANNOUNCEMENTS AND /OR PRESENTATIONS 03.129 A. Announcement of Independence Day Celebration Television Program Broadcast The City Manager reported that the 4th of July program will be aired this weekend. 03.144 B. Presentation of New Sebastian Police Department Patrol Vessel Captain Puscher reported the Police Department's new patrol boat has been received, noted it was in the parking lot tonight, and that two people will be trained to patrol City waterways and provide boat safety training. Mayor Barnes asked if this vessel will be used to patrol the mooring area that has developed in the Indian River Lagoon. The City Manager said it may become necessary to establish rules and regulations since there is now a means of enforcement. Captain Puscher said there have been discussions about mooring vs. trailering the new boat and perhaps the Chief could address this when he is available. The City Manager said the City is working with FIND to establish a permanent storage facility. 7. 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. 1 -10 A. Approval of Regular Meeting Minutes 6/25/03 03.145 B. Approve Indian River County Interlocal Agreement for Public School Planning 11 -30 Agreement (City Attorney Transmittal 6/30/03, Agreement) 03.146 C. Approval of City Manager and Police Department to Enter into a Cooperative Agreement 31 -58 with Bureau of Alcohol, Tobacco, Firearms and Explosives to Administer G.R.E.A.T. Program to Middle Students (PD Transmittal 6/30/03, Agreement) 03.147 D. Resolution No. R -03 -29 Florida Department of Transportation, 59 -84 Aviation Section Joint Participation Agreement for Security Upgrades (Airport Transmittal 6/26/03, R- 03 -29, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING FOR SECURITY UPGRADES AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 2 Regular City Council Meeting July 9, 2003 Page Three 03.148 E. Resolution No. R -03 -30 Florida Department of Transportation, Aviation Section 85 -108 Joint Participation Agreement for Infrastructure Development (Airport Transmittal 6/26/03, R- 03 -30, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING TO IMPROVE UPON AND ADD INFRASTRUCTURE TO THE EAST SIDE OF THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 03.149 F. Resolution No. R -03 -31 Florida Department of Transportation, Aviation Section 109 -116 Joint Participation Agreement for Maintenance Equipment, Purchase of Toolcat Machine (Airport Transmittal 6/26/03, R- 03 -31, Agreement, Quote) 03.113 G. A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO ACQUIRE MAINTENANCE EQUIPMENT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Resolution No. R 03 32 Florida Department of Transportation, Aviation Section 03.150 H. Waive Formal Bidding Procedure and Purchase Two Signs from Curt Oxford 139 -142 Woodcarver, Inc. for Total Cost of $5,184.00 (Parks Transmittal 6/27/03, Proposal) 03.151 I. Approve Contract to Central Window in the Amount of $15,946.00 to Furnish, 143 -144 Deliver and Install New Entrance Doors at the Community Center and Authorize Staff to Execute Agreement for Same (Public Works Transmittal 7/1/03, Bid Tab) 03.093 J. Approve Revised Fiscal Year 2003 -2004 Budget Calendar (Finance Transmittal 145 -146 6/30/03, Calendar) Item G was removed from the agenda during Agenda Modifications. MOTION by HiII /Coniglio "I move to approve consent agenda items A -F and H -J." Mayor Barnes aye Mr. Coniglio aye Mr. Barczyk aye Mr. Hill aye Mr. McCollum aye Roll Call carried 5 -0 3 Regular City Council Meeting July 9, 2003 Page 4 8. COMMITTEE REPORTS /RECOMMENDATIONS none 9. PUBLIC HEARING 03.095 A. Public Hearing for Resolution No. R- 03 -28, Preliminary Development Plan for 147 -168 Proposed 72 -Acre Planned Unit Development Known as Sebastian River Landings (GMD Transmittal 7/1/03, R- 03 -33, Application, Plan, Staff Report, P Z Recommendation, PJ ad, Map under separate cover) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT FOR A PLANNED UNIT DEVELOPMENT KNOWN AS SEBASTIAN RIVER LANDINGS; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title and the Mayor opened the public hearing at 7:20 p.m. Applicant, Tim Jelus, addressed CityCouncil. Following his presentation, he swore that his testimony was the truth. He then responded to questions from City Council. Mr. Hill said the plan shows 210 lots which changes the density to 3.12 units. Mr. Jelus said, for the record, there are 209 lots with 2.88 units per acre. Mr. Hill noted that this is the gateway to the City of Sebastian. Mr. McCollum expressed his concern for the fire safety with high density developments with five foot side setbacks. Mr. Jelus said placement of fire hydrants and size of wall openings have been taken into consideration. Bud Cruz, Orlando developer and adjacent property owner, said the Evans Group is a quality company. He said the higher density is a good thing if it is quality. Bill Germann, Sebastian, expressed concern for stormwater issues. The City Attorney said this is addressed in the PUD approval. Sal Neglia, Sebastian, said he was concerned that there are no close firestations, and noted that City Council had previously stated it did not concur with 50 foot lots. Being no further business, Mayor Barnes closed the public hearing at 7:53 p.m. The City Attorney read the Land Development Code regarding setbacks and advised Council that they have the power to go below the standards of the Code if they consider the use of open space; privacy; window placement; access to light and air; preservation of natural vegetation; and improvements affecting setbacks. 4 Regular City Council Meeting July 9, 2003 Page Five MOTION by Hill /Coniglio "I move to adopt Resolution No. R- 03 -28." Mr. Coniglio aye Mr. Barczyk aye Mr. Hill aye Mr. McCollum nay Mayor Barnes aye Roll Call carried 4 -1 10. 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 Side 11, Tape 1, 8:10 p.m. Bill Germann, Sebastian, said the right -of -way grass cutters do not meet his approval, pepper trees are extending out into the middle of the street, and weeds are covering stop signs. Mayor Barnes said he had heard similar complaints and perhaps the contractors need to be talked to. Mr. Germann said there are fire hydrants and there is still a City water truck. The City Manager said the truck is for maintenance of properties and not for emergency services, however, the truck Mr. Germann referred to is a County pump truck. Mr. McCollum said the truck serves other areas that do not have hydrants and is funded by emergency district taxes. Sal Neglia, thanked the City and Lions Club for the 4 of July parade and festivities, commended the Police Department and Public Works; and thanked Council for putting the agenda back in the paper. 11. OLD BUSINESS 03.136 A. Potential Locations for Historic Train Depot (GMD Transmittal 7/1/03, Map) 169 -170 The City Manager reported on potential locations for the train depot as shown in an aerial map provided. He said FIND has agreed to give the City additional time to seek a location, and said he had a meeting planned with Pruitt Real Estate, who are currently marketing the property where the station was originally located. Mr. Hill recommended that the building be showcased on the east side of US 1 so that people can access it. 5 Regular City Council Meeting July 9, 2003 Page Six Mr. Barczyk recommended the park on the corner of Indian River Drive and Main Street. Mr. Coniglio said the Sebastian Exchange Club wants someone to speak at their meeting and let them know how they can help with this. He said Coldwell Banker would also like to partner in this as well, which ties into additional municipal parking. 12. NEW BUSINESS 03.152 A. Approve Contract between City of Sebastian and Jobear/Warden Construction 171 -174 in the amount of $612,924.00 for Infrastructure Improvements at Sebastian Municipal Airport (Airport Transmittal 6/26/03, Bid Summary, LPA Recommendation) The Airport Director addressed this and the next two items. MOTION by HiII /Barczyk "Move to approve contract between the City of Sebastian and Jobear/Warden Construction in the amount of $612,924.00 for infrastructure improvements at Sebastian Municipal Airport." Mr. Barczyk aye Mr. Hill aye Mr. McCollum aye Mayor Barnes aye Mr. Coniglio aye Roll Call carried 5 -0 Mayor Barnes noted that 80% of this project is paid by FDOT. 03.091 B. Approve Contract between Sheltair Sebastian, LLC and Holland Builders, Inc. 175 -178 in Amount of $1,143,707.76 for the Construction of Forty T- Hangars and Authorize Staff to Purchase General Fill from Blackhawk Quarry Not to Exceed $30,000 (Airport Transmittal 6/26/03, Bill Summary, LPA Recommendation) The Airport Director described the public /private partnership. MOTION by Barczyk/Hill "Move to approve contract between Sheltair, LLC and Holland Builders, Inc. in the amount of $1,143,707.76 for the construction of forty T- hangars and authorize staff to purchase general fill from Blackhawk Quarry not to exceed $30,000." 6 Regular City Council Meeting July 9, 2003 Page Seven Mr. Hill aye Mr. McCollum aye Mayor Barnes aye Mr. Coniglio aye Mr. Barczyk aye Roll Call carried 5 -0 03.153 C. Approve Change Order Number One to "Perimeter Fencing" at Airport 179 -182 Contract with Smith Industries, Inc. in the Amount of $111,095 and Appropriate $48,620 (Airport Transmittal 6/26/03, Proposal) The Airport Director described the fencing project and need for the change order initiated by staff. The City Manager said the appropriation is coming from the Airport Enterprise fund, and the Airport Director said the two 42 foot gates are for Skydive Sebastian. MOTION by Coniglio /Hill "Glad to move to approve change order number one to "Perimeter Fencing" contract with Smith Industries, Inc. in the amount of $111,095 and appropriate $48,620." Mr. McCollum aye Mayor Barnes aye Mr. Coniglio aye Mr. Barczyk aye Mr. Hill aye Roll Call carried 5 -0 13. CITY ATTORNEY MATTERS Reported he did not attend his conference. 14. CITY MANAGER MATTERS 03.041 A. Fund Procurement Process Capital Sanitation's Performance Bond Reported receipt of invoices for May in the amount of $5,000 and for June in the amount of $40,000 and the City Attorney's office can proceed with the claim to the surety. He said an account receivable needed to be set up by the Finance Dept. to pay the invoices. 7 Regular City Council Meeting July 9, 2003 Page Eight 03.061 B. SJRWMD Participation in Sebastian Canal Enhancement Program Provided copies of a letter from Troy Rice, SJRWMD dated June 25, 2003 (see attached). Other Matters Provided a memo from the Human Resources Director dated July 7, 2003 (see attached) relative to molds in the police station. Reported that Waste Management will not enforce customer stickers until August 1St The City Attorney stated that Council has already authorized payment to Waste Management for collection of trash for Capital customers. 16. CITY CLERK MATTER None. 17. CITY COUNCIL MATTERS A. Mr. Barczyk Discussed noise from boom boxes, people speeding on George Street, and Roseland Road to Mulberry and Floriland; and questioned why public parking is prohibited on Jackson Street at night. The City Manager said he will clarify the issue. The City Attorney said he had inquiries about this and that there are some concerns with this. B. Mr. McCollum Thanked staff for a very successful 4 of July. C. Mayor Barnes Commended all involved with the 4 of July celebration. Asked the status of the Clambake Festival. The City Attorney said he would place an item on the next agenda. City Council scheduled the remainder of the Parks and Yacht Club workshop for July 16, 2003 at 7 pm. D. Mr. Hill Commended everyone on the 4 of July festivities. 8 Regular City Council Meeting July 9, 2003 Page Nine E. Mr. Coniglio Walter W. Barnes, Mayor AT Sally A. Mai Discussed calls regarding speeding on Floriland Rd.; and inquired about the crosswalk at Finn's Restaurant. Mr. Barczyk thanked the Sebastian River High School band for participating in the parade. The City Attorney said there is a statute regarding boom boxes and the Police Department is aware of it and do enforce it. 17. Being no further business, the Mayor adjourned the Regular City Council meeting at 9:10 p.m. Approved at the 7 ~c; 03 Regular City Council Meeting. CMC, City Clerk 9 SLBAT1AN HOME OF PELICAN ISLAND To: Terrence Moore, City Manager From: Jim Sexton, Director of Human Resourc Date: July 7, 2003 Re: Police Department Building As you are aware, a substance was found on a small portion of the drywall in Captain Puscher's office on April 29, 2003. Upon initial examination, I called Dr. Rene Salazar, Ph.D., certified industrial hygienist, to determine the course of action that should be taken. He told me that if the substance was mold to 1) clean the area, 2) let it dry, and 3) repaint. I asked if he would examine the small 7" x 8" piece of drywall to determine if the substance was mold. He agreed to do it at no charge since he had just inspected the building on February 21, 2003. I asked if any protective breathing apparatus or safety gear should be utilized due to the unknown substance. He told me that no special equipment was needed but obviously safety glasses and a dust mask should be worn while cutting drywall. Mark Veidt, Building Maintenance Supervisor, cut the piece out and placed it in a zip lock bag. We sent the package to Dr. Salazar to examine on April 30, 2003. While we awaited the results, Mr. Veidt removed the remainder of drywall from the north wall in Captain Puscher's office as well as the drywall from the north wall in Lieutenant Witt's office. He tried to determine the source of the moisture; however, no new moisture was found. No mold was found behind the drywall on either wall. A few days later, I called Dr. Salazar and he informed me that the substance was mold. I asked if he thought we needed to take additional action other than what he recommended at the beginning He said no. However, I did tell him we had taken other precautionary measures by removing all the drywall from that office as well as one other. He said that was unnecessary, but understood because of the history we wanted to take extra precautions. I had a phone conversation with him this morning and asked him to send us a letter describing what he found and if it posed a health danger to the employees. He told me that it would not pose a health danger, but he would send me a letter confirming our conversation as soon as possible (hopefully before the July 9 Council Meeting). Due to the fact that the wall in question will be removed during the Police Department expansion project, it was decided that it would be a waste of funds to install new drywall. The additional benefit is that we can keep an eye on the wall to determine if moisture seepage is occurring around the window or through the cinder block. To date, no new moisture has been reported. The only mold found on the 7" x 8" portion of the drywall has been removed. No other mold has been detected in the building. If you have any questions regarding the above accomplishments, please do not hesitate to call. I can be reached at x8202. 07/09/2003 08:11 8138990074 SALAZAR PAGE 02 Salazar d Spam! Environmental Consultants, Inc. A professional teem of engineers, Industrial hygienists. safety experts, phyarasns, and health scientists. Indoor Environmental *WV Evaeullone ►azerdoue wale Calm! Environmental end Medical Monlbrinp Meaerd oommunlcuron EPAIOM%CampMenoe Sildely T Ev Sne Expert Testimony July 9, 2003 Mr. James Sexton Director of Human Resources City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: Microbial Tape Sample Preparation/Examination City of Sebastian Police Department 1201 Main Street Sebastian, Florida 32958 SCG File No. 1011.01 Dear Mr. Sexton: On April 30, 2003, Salazar Consulting Group, Inc. (SCG) received a drywall and 'peeled paint' sample reportedly collected from an office within the Sebastian Police Department. The drywall sample was approximately eight (8) inches by eight (8) inches; the `peeled paint' sample was approximately four (4) inches by six (8) inches. The samples were reportedly removed from the office, with colonization by microbial (mold) elements suspected and examination of such by SCG requested. As received, the samples appeared generally unremarkable, with only very slight spotting localized on the surfaces of each. SCG prepared tape samples from the product surfaces, which were subsequently analyzed by direct microscopic examination for the presence/absence of mold elements; identification of detected elements was not attempted. Preparation of tape samples adequate for detection of mold elements from the sampled surfaces was difficult, given the minimal amount of suspect spotting available on submitted products. Nonetheless, a few mold elements were detected on prepared samples. However, whether detected elements were representative of 'typical' activity often found on building material surfaces or whether the direct result of moisture contact with the product samples could not be determined. Regardless, if in fact the slight spotting visible on the product samples comprised the entire amount of affected materials within the office (approximately two [2] inches by two [2] inches total), as reported, then affected materials were certainly minimal, with only minimal remedial efforts likely required. As discussed previously, remedial measures should have included conclusive identification and elimination of any existing moisture sources affecting the sampled wall system, and elimination of any moisture- affected building materials (this had reportedly been achieved merely by removal of the sampled materials). Unless 8807 Heetherton Coat, Tempe, Fb►ida 33617 (813) 980-1915 FAX (813) 899-0074 07/09/2003 08:11 8138990074 SALAZAR PAGE 03 Mr. James Sexton July 9, 2003 Pace 2 existing conditions differed from those reported to SCG, additional remedial tasks were likely unnecessary. SCG appreciates the opportunity to be of service in this regard. Please do not hesitate to contact us should you have any questions, comments, or require additional information. Sincerely, SALAZAR CONSULTING GROUP, INC. BY: Rene' R. Salazar, Ph,D Certified Industrial Hygienist