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Home My WebLink About07011998 City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 c: FAX (561) 589-5570 SEBASTIAN CITY COUNCIL WORKSHOP AGENDA WEDNESDAY, JULY 1, 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). 2. 3. 4. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL WORKSHOP ITEMS 98.001 A. Review Proposed Telecommunications Ordinance - Pages 1-55 Review Proposed Cable Franchise Agreement - Pages 1-9 5. ADJOURN ANY PERSON WHO 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 VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105F. S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SttOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-.5330 AT LEAST 48 HOURS IN ADVANCE OF TIIIS MEETING. Hearing Assistance Headphones are Available in Council Chambers for all Government Meetings. Upcoming Meetings Regular Meeting - Wednesday, July 8, 1998 ~ 7pm Special Meeting (QuasO - Wednesday, duly 15, 1998 ~ 7pm Workshop (Code EnforcemenO - Wednesday, July 15, 1998following special meeting Budget Workshop - Tuesday, July 21, 1998 ~ 7pm Regular Meeting - Wednesday, July 22, 1998 ~ 7pm Budget Workshop (if needed) - Thursday, July 23, 1998 ~ 7pm Public Forum - Wednesday, July 29, 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, JULY 1, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the workshop to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL The City Manager advised Council that Mr. Paul would be late. ¢iI~ C011rl.ciJ Present: Mayor Ruth Sullivan Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Patti (7:06 p.m.) Ci~ Council Absent: Vice Mayor Martha Wininger (excused) Staff ?re~ml; City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kath~n O'Halloran Deputy City Clerk, Sally Maio Also Present: Falcon Manager, Ken Vickers ' Council Workshop July 1, 1998 Page Two 4. WO~$HOP ITEMS 98.001 A. Reyj~w proposed Telecommunications Ordinance - Pages 1-55 The City Attorney briefly reviewed the model telecommunications ordinance which was prepared by a telecommunications association and redrafted by the City Attorney and City Manager to make it relevant to the City of Sebastian. The City Manager distributed and briefly explained an outline of the four basic issues for which he will need direction from Council regarding the franchise agreement (see attached). Don Bertow(?), 145 Capri, Sebastian, noted that Congress is readdressing the Telecommunications Act of 1996; and suggested a short term franchise agreement based on near future industry plans for the intemet. City Council reviewed the telecommunications ordinance by page; and suggested revisions are listed below: Page 3 Line 20 - Mrs. Cartwright asked about the definition of"annual gross revenue" and the City Attorney suggested it be deleted Line 23 - Mrs. Cartwright suggested adding "television" before "broadcast". The City Attorney advised that the telecommunications act addresses other than television and requested she be given an opportunity to review this. Move definition of "Cable Act" down to the next line. Line 29 - Mrs. Cartwfight again asked that "Cable operator" have "television" added somewhere in the definition. Mr. Vickers agreed that there seems to be specific clarification between a telecommunications operator and a cable operator. The City Attorney said she would review this and report back. TAPE I - SIDE II (7:47 p.m.) Line 11 - Mrs. Cartwright questioned whether "cable" should be stricken and replaced with "telecommunications" in the definition of"franchisee", to coordinate with Section 32-4 on page 9. The City Manager said he had requested the City Attorney to contact the Florida Public Service Commission to ascertain its taxation of telecommunications services. The City Attorney said she would report back on Mrs. Cartwright's question. Page 30 LinelO ~ Mrs. Cartwfight suggested deleting "but not more than once during any calendar year". Council agreed. 2 City Council Workshop uly 1, 1998 Page Three Line 14 - Mayor Sullivan suggested the dsfmition of"Addressability" be clarified. Line 5. Mayor Sullivan said she wanted to b~ sure that channels will be provided to schools. Page 8 Line 19 - Mr. Paul suggested that the definition of"usable space" include underground space. The City Attorney said she will look into it. Lines 7-13 - Mr. Vickers said "Telecommunication service" is the crux of the definition issue. The City Attorney said she will review federal law defmitions. Mayor Sullivan noted the reference to underground cables in section 32-20; and questioned if one utility located its lines underground, would all be required to do so. Mr. Vickers suggested adding language regarding extraordinary circumstances or with approval of the City Engineer in paragraph (b), as it currently reads in (d). Line 10 - Mayor Sullivan said this paragraph cancels out requirements of Article VI. The City Attorney said they are not canceled out because any agreement will have to be approved by Council. She also said it could be deleted since the City may never use these provisions. The City Manager stated that this should refer to Article V and not VI. Page 34 Line 19 - Mr. Paul suggested that, with future growth in mind, more than one technician should be required. The City Attorney suggested "sufficient technical staff'. Lines 29 & 30 - Mr. Paul said he had received complaints about lack of compensation for down time and had been asked to suggest 12 hours rather than 24. There was no concurrence. Page 2{} Line 34 - Mr. Vickers said the '96 Cable Act provides for application for renewal 36 months prior to expiration. Line 23 - Mayor Sullivan questioned refunds. The City Manager said he would have to review how to measure the time period the City spends on these applications. R¢¥iew Propo~d Cable Franchise psgreement. Pages 1-9 The City Attorney noted that this was a model franchise agreement; and that she had not looked at it all with reference to the City of Sebastian. The City Manager said negotiation of the franchise agreement will be easier due to the fact that this is a model and allows more flexibility; and reiterated he needs direction in the four areas described in Council Workshop Iuly 1, 1998 Page Four the outline. He said he may need to retain someone with expertise to review the proposed agreement; and said he will come back with a cost estimate. TAPE II - SIDE I (8:32 p.m.) Discussion followed on construction permit applications and the need for someone with technical expertise for review, duplication of network channels, the creation of a citizen oversight committee, the importance of a government channel exclusively for the City, and construction bonding requirements and uses. The City Attorney explained the bond is for damage to City right-of-way and is not a guarantee of completion of the system; and noted there is also a $500 daily penalty. The City Manager and Mr. Vickers suggested alternatives to the 100% completion bond, and there was no objection to looking into those alternatives. Mayor Sullivan suggested the City Manager look to other cities' franchise agreements for fees. The City Manager said the City Attorney would do some further review on matters discussed tonight and as soon as drafts are modified he will circulate them to Council; and hopefully both readings of the Ordinance can take place in August. Mrs. Cartwfight suggested attaching a fee schedule to the ordinance. There was a 3-1 consensus of Council to impose a franchise fee of 3% on gross. 5. Being no further business, Mayor Sullivan adjourned the workshop at 9:05 p.m. Approved at the ~ .~ ~ [/ {Kathryn I~. O'Hallorm~, CMC/AAE ~ City Clerk · 1998, Regular City Council Meeting. Ruth ~Sullivan Mayor 4 City of Sebastian July 1, 1998 Workshop 1. Issue of specificity of upgrade Technical Specification Channel Capacity and PEG access (City, County, and Education) Schedule and timing :. Performance and constructions bonds · Minimum amounts · specific application 3. Customer service · Provisions of the proposed ordinance · Citizen oversight committee 4. Permits and fees Franchise Fees 3% or ? Hook up of City buildings via fiber optics Specific amounts for various permits and licenses Phase 1 Phase 2 1-4 As built of existing system 5-8 Complete design for capacity upgrade (84 channels) 9-12 Permit submittal 13~16 15 miles per month completed (60 miles) 17-20 15 miles per month completed (60 miles) 21-24 15 miles per month completed (60 miles) 12 months ................................... 180 miles City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 r~ FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JULY 8, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTL4N, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council - limit often minutes per speaker (R-97-21) 3. 4. 5. CALL TO ORDER PLEDGE OF ALLEGIANCE MOMENT OF SILENCE ROLL CALL AGENDA MODIFICATIOLN~ {ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) I']~QCLP~MATIONS. ANNOUNCEMENTS AND/OR ]'RESENTATIONS CITY ATTORNEY MATT~I~ CITY MANAGER M3TTI~I~ 98.117A 98.117B 98.117C 98.136 98.137 98.138 o CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There wil! 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. A. Approval of Minutes - 6/17/98 Special Mecting(s), 6/24/98 Regular Meeting Bo Adopt Resolution No. R-98-31 - .[obi~scription for Growth Management Director (Human Resources Irm~mittal 6/30/98, R-98-31 w/descripfio~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE JOB OF GROWTH MANAGEMENT DIRECTOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RF_SOLLrrlONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Adopt R~olution No, R-98-32 - Job Description for C.,r..o~lll Management Manager (Human Resources Tr011smittal 6/30/98, R-98-32 w/description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTIN(} A JOB DESCRIPTION FOR THE JOB OF GROWTH MANAGEMENT MANAGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD' OPERATING PROCEDURES; PROVIDINO FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDINO FOR AN EFFECTIVE DATE. Adopt g¢~01uti0n No. R-98-33 - Job Descrigtion for Building Director (Human Resources Transmittal 6/30/98, R-98-33 w/¢l¢~crjption) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE JOB OF BUILDINO DIRECTOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIFIION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PRO VIDINO FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Schedule Quasi-Judicial Heating on July 15, 1998 for Application for Permit and Certificate of Public Convenience and Necessity for Palm Beach Transportation dba Yellow Cab of the Treasure Coast (City Clerk Transmittal 6/30/98, Chapter 106 - Article II) Reject Colonna Construction Annual Concrete Work Bid and Authorize Staff to Pursue Less Formal Bidding Procedure Such as Telephone Quotes Based on Unacceptable Responses on Past Bids (Asst. to City Manager/Public Works Transmittal 7/1/98) Kutch Request for Use of Community Center - 11/21/98 - 4 pm to 8 pm - A/B - Proof of Age Verified - Security Paid (City Clerk Transmittal 6/29/98, Application) 2 98.093 98.110 98.119 98.075 98.118 10. 11. 12. 13. pUBLIC HEARING Procedures for public hearings: (R-97-21) · Mayor Opens Hearing ° Attorney Reads Ordinance or Resolution · StaffPresentation ° Public Input - Limit oflO Minutes Per Speaker ° StaffSummation ° Mayor Closes Hearing ° Council Action Anyone Wishing to Speak is Asked to Sign Up Prior to the Meeting, When Called go to the Podium and State His/Her Name for the Record Public Hearing on Community Development Block Grant (CDBG) Commercial Revitalization Grant Project to Discuss Changes in the Budget, Accomplishments and Construction Schedule - Authorize City Manager to Submit Grant Amendment Request to DCA For Identified Budget Modifications (Johnson Memo 7/1/98, 6/10/98 CATF Minutes) Second Reading, Public Hearing and Final Adoption of Ordinance No. O-98-05 (City Clerk Transmittal 6/30/98, 0-98-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 2-167 AND 2-171 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES RELATING TO APPOINTMENT TO CITY BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING THAT QUALIFICATION AS A CANDIDATE FOR POLITICAL OFFICE SHALL BE DEEMED A TENDER OF RESIGNATION; DELETING COMMITTEES FROM TERM LIMITATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 6/17/98, Advertised Legal 6/24/98, PH 7/8/98) LNTRODU~!ON OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker COMMITTEE REPORTS/RECOMMENDATIONS Budget Advisory Committe.~ (City Clerk Transmittal 7/1/98, Seven Applications) Confirm Five Council Appointees Interview and Appoint Two At-Large Members Ol D BUSINESS Authorize City Manager to Negotiate Agreement with Indian River County Recreation to Handle Tennis Programs at Schumann Tennis Courts (Public Works Transmittal 6/29/98, Draft RFP) B. City Attorney Contract (Report Forthcoming) 14. NEW BUSINESS 98.139 Request for Approval to Lease/Rent Fuel Farm Facility to B & S Investments dba Sebastian Aero Services, Inc. at Sebastian Municipal Airport (City Manager Transmittal 6/30/98) 98.140 Authorize City Manager to Purchase Police Department Telephone System Upgrade - Lucent Technologies for $10,971 (Police Chief Transmittal 6/22/98, Quote) 98.065 Co Adopt Resolution No. R-98-30 Authorizing Transfer of Real Property by Quit Claim Deed and Acceptance of Non-Exclusive Drainage and Utility Easements - Adams & Associates Developers, Inc. (City Manager Transmittal 6/30/98, Proposed Quit Claim Deed and Grant of Easement, Maps) A RESOLUTION OF THE C1TYOF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A QUITCIAOM DEED AND ANY OTHER DOCUMENTS NECESSARY TO TRANSFER AND CONVEY CERTAIN LAND IN A PORTION OF SEBASTIAN HIGHLANDS, UNIT 16 TO ADAMS AND ASSOCIATES DEVELOPERS, INC., AND AUTHORIZING THE ACCEPTANCE BY THE CITY OF A NON- EXCLUSIVE DRAINAGE AND UTILITY EASEMENT FROM ADAMS & ASSOCIATES DEVELOPERS, INC. 98.046 D. Dempsey and Braddock Street Road Repairs (Public Works Transmittal 6/30/98) 98.141 Request from L.I. Tree Service, Richard Fey, President - Refund of SitePlan Application Fee (City Manager Transmittal 7/1/98, Fey Letter) 15. CITY COUNCIL MATTERS B. C. D. E. Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwfight Mr. Chuck Neuberger Mr. Larry Paul 16. ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL W1TIt RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPFML IS TO BE HEARD. (286.0105F. S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF TItlS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcomin~ M¢etines: o SpecialMeeting (QuasO - Wednesday, July 15, 1998 ~ 7pm · Workshop (Code EnforcemenO - Wednesday, July 15, 1998following special meeting Budget Workshop - Tuesday, July 21, 1998 (~ 7pm RegularMeeting - Wednesday, July 22, 1998 (~ 7pm · Budget Workshop Of needed) ~ Thursday, July 23, 1998 ~ 7pm ° PublicForum - Wednesday, July 29, 1998 (~ 7pm 4 PUBLIC HEARING SIGN-UP SHEET JULY 8, 1998 REGULAR MEETING 98.093 A. Public Hearing on Community Development Block Grant (CDBG) Commercial Revitalization Omnt Project to Discuss Changes in the Budget, Accomplishments and Construction Schedule - Authorize City Manager to Submit G-rant Amendment Request to DCA For Identified Budget Modifications (Johnson Memo 7/1/98, 6/10/98 CATF Minutes) Nalne Address Address Nallle Address Nsl~e Address NaIlle Address 98.110 PUBLIC HEARING SIGN-UP SHEET JULY 8, 1998 REGULAR MEETING Second Reading, Public Hearing and Final Adoption of Ordinance No. 0-984)5 (City Clerk Transmittal 6/30/98, 0-984)5) A/q ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN. RIVER COUNTY, FLORIDA, AMENDING SECTION 2-167 AND 2-171 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES RELATING TO APPOINTMElqT TO CITY BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING THAT QUALIFICATION AS A CANDIDATE FOR POLITICAL OFFICE SHALL BE DEEMED A TENDER OF RESIGNATION'; DELETING COMMITTEES FROM TERM LIMITATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 6/17/98, Advertised Legal 6/24/98, PH 7/8/98) Name Address Name OAddress Name Address Name Address Name Address INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET JULY 8, 1998 REGULAR MEETING USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER Name: Address: Subject: ~'~'~-~ ......... ~7 ....... Z--' ...... "Y ............................................................... Address: Subject: Name: Address: Subject: Address: '-2 ~,~ ~~g ~' 5 Subject: Name: Address: Subject: Name: Address: Subject: