The URL can be used to link to this page

Home My WebLink About01071998 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP AGENDA WEDNESDAY, JANUARY 7, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA No public input is allowed at a Workshop, unless approved by consensus of City Council at the beginning of the Workshop. Substantive decisions may not be made at Workshops (in accordance with R-97-21}. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. WORKSHOP ITEM~ 98.001/ A. Review Proposed Telecommunications Ordinance (City Manager 12/17/97 Memo and Proposed 97.054 Ordinance Previously Distributed) 5. ADJOURN ANY PERSON VFttO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A ~T1M RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON IVttlCH THE APPEAL IS TO BE HEARD. (286.0105ES.) IN COMPLIANCE WITH THE AMERICANS W1TH DI&4BIHTIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCO343dODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR A T 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in Council Chambers for all Government Meetings. Ul~co~g Meetings: Regular Meeting - Wednesday, January 14, 1998 ~ 7pm Special Meeting - Wednesday, January 21, 1998 ~ 7pm ~_~ ,:gurkShop on Riverfront Performance Overlay District and Zoning - Thursday, January 22, 1998 ~ 7pm lar Meeting - Wednesday, January 28, 1998 ~ 7pm City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP MINUTES WEDNESDAY, JANUARY 7, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Workshop to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL Ci~ Council Prescut: Mayor Walter Barnes Vice Mayor Richard Taracka Mrs. Louise Cartwright Mr. Larry Paul Cil7 Council Abs~ot: Mrs. Ruth Sullivan (excUsed) Staffpresent: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Public Works Director, Pat Brennan Deputy City Clerk, Sally Maio City Council Workshop January 7, 1998 ge Two 98.001/ 97.054 Mayor Barnes received a consensus from City Council to direct the City Clerk to advertise for Board of Adjustment members in light of three recent resignations. 4. WORKSHOP ITEMS Review Pro. po~cd Telecommunications Ordinance (City Manager 12/17/97 Memo and Proposed Ordinance Previously Distributed) Mayor Barnes said the proposed ordinance would be reviewed one section at a time. The City Manager gave a brief presentation on the proposed ordinance; and distributed a letter from attorneys Jane Fagan and Ila Feld dated January 5, 1998 relative to proposed House Bill 3291 "Telecommunications Right of Way Act" (see attached), which would severely limit a local government's authority. He said he would be bringing a resolution to City Council at the next regular meeting opposing the proposed bill. It was the consensus of City Council to allow public input. Section 32-1 Pg. 3 - Line 15 - Mrs. Cartwright suggested addition of a reference to the Telecommunications Act of 1996. It was included. Pg 3 - Line 13 - "Annual Gross Revenue". The City Manager said the definition will come back after further review. Section 32-2 - None. Section 32-3 - None. Section 32-4 - None. ~ctjorl 32-5 - None. Section 32-6 - None. Section 32-7 The City Manager said the maximum mount will be determined. S~tion 32-8 Pg 9 - Line 1 - Mayor Barnes referred to a reference to "City Clerk", which he said should be "City Council", however, after some discussion, it was decided to change this and other occurrences in the ordinance to "City". 2 pCity Council Workshop anuary 7, 1998 age Three Section 32-12 Pg 11 - Line 26 - Paragraph (1) - Mrs. Cartwright recommended the applicant provide proof of permits from other providers, as is required in another area of the ordinance. Mr. Paul noted a typo in "obtained". Pg 18 - Paragraph (k) - Mr. Paul said this same language should be added here. It was decided to come back to this when the language was located elsewhere in the ordinance. Mr. Taracka said he would like to see a background check added, however, the City Attorney advised him sufficient financial statements are required by the ordinance. ~cfioo 32-13 Pg 12 - Line 10 - The City Manager suggested "ability" be changed to "authority" here and in all other occurrences as this throughout the ordinance. Council concurred. Section 32-14 - None Section 32-1 - None Section 32-16 - None Section 32-1Z - None Section 32-18 - None TAPE I - SIDE II (7:45 p.m.) Section 32-19 Pg 14 - Paragraph (c) and (d) - The City Manager said this language may have to be reviewed with the Public Service Commission since the requirement for relocation to underground may be far too costly for some utilities. He said paragraph (e) applies to both above and underground utilities. $ection 32-20 Pg 14 - Line 33 - Mrs. Cartwfight noted a typo in "alternative". Section 32-21 The City Attorney said the City will need reasonable basis to establish the fee. Mr. Paul noted that if the House Bill passes this will not be in here. Section 32-22 - None [Section 32-23 Pg 15 - Line 17 - Mrs. Cartwright noted there should be a period after "license". City Council Workshop ]anuary 7, 1998 Lge Four Beginning with what should be Section 32-24 of the proposed ordinance, the actual text reads "Section 32-34", therefore, the rest of the minutes will reflect the correct section number fa'st and then (in parentheses) the section number as it read in the proposed ordinance, since the incorrect numbers were referred to throughout. [example: Section 92-24 (34)] S~tiOll )2-24(34) - None ~¢~ior~ 32-25(35) Pg 16 - Line 7 - "ability" was changed to "authority" Section 32-26(36) - None Section 32-27(37) - None Section 32-28(38) - None fiecti9ll. 32-2~0 9.) - None Section 32-30(40) - None Section 32-3112413 - None Section 32-32(42) Mayor Barnes suggested changing the length of term to 15 years maximum and there was no objection. Section 32-33(43) - None Section 32-34(44) - None Section 32-35(35) Pg 21 - Paragraph (d) - The City Manager again noted he would have to check with the Public Service Commission on this requirement. Se~liigj132-36(46) - None Section 32-37(47) - None Section 32-38(48) - None ~e~ti0Ii 32-39(49) - None Sectigll ~2-40(~0) - None Section 32-41(51) Pg 23 - Line 26 - Mrs. Cartwright suggested that the City be required to notify the applicant 90 days prior to expiration since if it waits to 150 days, this will be the actual day of the expiration. pCity Council Workshop anuary 7, 1998 age Five Section 32-42(,5~ - None Section 32-43(53) - None ~ection 32-44(5.4.) - None Section 32-45(55) - None Section 32-46(56) - None S¢~;~ion 32-47(57) - None Section 32-48(5~) - None Se~fiol132-49(59) - None Section 32-50160~ - None Section 32-51(61) - None Section 32-52(62) - None Section 32-53(63) - None Section 32-54(64) - None Se4[jgr132-55(65) - None S~tion 32-56(66) - None S~tion 3247(67) - None Section 32-58(68) - None ~tioll 3249(69) - None Section 32-60(7Q) - None Se¢li.0rl 3~-61(71) - None Section 32-62(72) Mrs. Cartwright asked what type of notice will be required. ~ection 32-(131~73) - None Section~ 32-64(74) - None $~J0[132-65(75) - None Section 32-66(76) Pg 31- Line 19 - Mrs. Cartwright suggested that "and/or fees" be added after "taxes". Barnes suggested "/fees". Mayor 32-67(77) - None Seclgion_32-6~l(78) Pg 32 - Mrs. Cartwfight suggested the City be named as an additional insured; said she would check on statutory limits on (line 22) worker's compensation. Section 32-69(79) - None Section 32-70(80) - None Section 32-71 (81) - None 5 City Council Workshop 7, 1998 Page Six ~iO/l 32-72(82) Discussion took place on construction and completion bonds. Section 32-73(83) - None Section 32-74(84) - None Section 32-75(85) - None Section 32-76(86) Pg 38 - Paragraphs (d) and (e) - Mr. Paul asked if they were the same and the City Manager explained the difference. Section 32-77(87) - None Section 32-78(88) - None Se~ljg~ 32-79(89) - None Section32_-80(90~l - None Section 324 ILoD - None ~J0n 32-82(92) - None Section 32-83(93) - None ~tion 32-84(94) Pg 41 - Line 28 - Mayor Barnes noted this X should read "regulations". Section 32-85(95) - None ~e¢tion 32-86(96) Pg 42 - Lines 14 and 33 - Mayor Barnes suggested that references to "he" and "his" be neuter gender. Public Input Keith Miller, 961 Riviera Avenue, Sebastian, said he would like to see more channel selections when the City negotiates its franchise with Falcon Cable. 5. Being no. further business, Mayor Bames adjourned the Workshop at 8:30 p.m. Approved at the ~//,dj, g~V /4// , 1998, Regular City Council Meeting. ~a.~, ~" ~./~)~)} MayorWalter W. Barnes Kathryn M(. O'l-talloran, CMC/AAE~'~- City. Clerk--- --. 6 LEIIBOWITZ ~c 2k$SOCI2~TES, P.A. · JOSEPH A. BELISLE ,JANE M. F'AGAN ILA L. lC'ELD EDWARD S. HAMMERMANe ALLISON K. HIF'T MATTHEW L. LEIBOWlTZ SUITE ~UNTRU'~T INTERNATIONAL CENTER ONE SOUTHEAST THIRD AVENUE MIAMI, F'LORIDA 33131-171E~ January 5, 1998 TELEPHONE (305) TELECOPIER (3OS) £-~4AIL Broadlaw@aol.corn Thomas Frame City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Legislative Alert HB 3291- "Telecommunications Right of Way Act" Dear Mr. Frame: The purpose of this letter is to alert you to a bill recently filed in the Florida Legislature that has potentially sweeping ramifications with local government's authority over its public rights of way and the telecommunications providers who may wish to utilize it. The proposed bill, which is an amendment of Chapter 337, F.S. provides, in pertinent part, as follows: 1. Telecommunications providers operating under the authority of the FCC or the FPSC require no additional authority from a local government to operate within its boundaries; 2. Telecommunications providers who have either obtained permission to operate or are currently operating within a local government's right of way pdor to the effective date of the bill are grandfathered in and require no authorization from such local governments to operate in their rights of way in the future; 3. Compensation to a local government for the use of its rights of way is limited to the cost of managing the right of way as narrowly defined within the proposed bill; and 4. All other taxes, fees and charges for the privilege of using the public right of way, other than an occupational license or right of way permit, are specifically precluded. This Bill, as currently drafted, effectively eliminates a local government's ability to control who utilizes their local rights of way and to set terms and conditions of such use such as the length of time a telecommunications provider may occupy such space. It also, significantly limits the type and amount of compensation a local government can charge for the use of this limited resource. In light of the potential impact of this proposed legislation on both existing agreements as well as any future agreements local governments may wish to enter into with telecommunication providers, it is strongly recommended that your jurisdiction.express its opposition to the bill the legislators who will be considering its passage. The Firm, of course, is available to assist your jurisdiction with its efforts to. maintain and protect local government autonomy in this crucial area. Please feel free to contact us at your eadiest convenience if we can provide any additional assistance in this regard. Sincerely, Jane M. Fagan, Esq. Ila L. Feld, Esq JMF/vl cc: Allison K. Hift, Esq. LEIBOWITZ ~c ASSOCIATES, P.A. SUITE 1450, ONE SOUTHEAST THIRD AVENUE, MIAMI, FLORIDA 331Sl-lTI5 · TELEPHONE (305)