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Home My WebLink About05222002~~ ~~~~~ H~Mi: OF PIrL1CAN ISWYd SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 22, 2002 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Mayor called the Regular City Council Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. Reverend Edwin Creel of Sebastian River Baptist Church gave the invocation: 4. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor James Hill Mr. Edward J. Majcher, Jr. Mr. Ray Coniglio City~~ncil Absent: Mr. Joe Barczyk (excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Building Director, George Bonacci Finance Director, Mark Mason Growth Management Director, Tracy Hass Police Chief, James Davis Lieutenant, Bob Lockhart Sergeant Michelle Morris Sergeant Mike Beyers Officer Dennis Havasse Parks Supervisor, Chris McCarthy Regular City Council Meeting May 22, 2002 Page Two 5 6 02.121 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda maybe added only upon a majority vote of City Council members (R-99-21) None. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS A. Commendation Ribbons to Police Officers T. Robinson. R. Revis S D. Echevarria Chief Davis presented service ribbons to Officers Robinson, Revis and Echevarria. B. Fraternal r r f P li PI s to ffi ers R. Branen R. Snell & S. Marcinik Officers were on duty and unable to attend. 02.02$ C. Certifi ate of A r ciation o al N li n h r ki f r T i rvi Code Enforcem~n$, Board Mayor Barnes presented a certificate of appreciation to Mr. Neglia. Mr. Morozowski was not in attendance. 02.043 D. ifi ~c~f Appreciation to Beverly Tercteoalou-Bell for Her Service on Tree & ~,.andscage Advisory Board Ms. Tergeoglou-Bell was not in attendance. 02.110 C. Pr~rl~m~$~n for Chamber of Commerce Week Mayor Barnes read and presented the Chamber of Commerce Week proclamation to Chamber Executive Director, Beth Mitchell, and Membership Director, Nancy Johnson and Tourism Director, Jane Bishop. 7 CITY A Y TT RS The City Attorney discussed a tax deed issue (see memo, stated local option gas tax funds are in, and requested approval for holding clambake committee meetings on city hall property. City Council concurred. 2 Regular City Council Meeting May 22, 2002 Page Three 8. CITY MANAGER MATTERS The City Manager reported that today's 250 acre brushfire had been contained. He advised that Englar between George and Caprona is closed for tonight. 02.099 A. Information U ate on Schumann Driv Im ation Bid Prose A Tr n mi I 5/16/02. Proposal) The City Manager reported on the one bid which is recommended to be rejected at this time. He advised that staff will go back out to bid in a more aggressive manner. 9. CITY CLERK MATTERS None. 10. CITY COUNCIL MATTERS A. Mr. Maicher • Requested a status on monitoring wells. The City Manager reported the city is working with St. Johns River Water Management District and will come back in June with an update and for City Council direction on haw often the reports will be given. B. Mr. Coniolio • Thanked staff for its quick action on the Hardee Tree. • Reported that the Tourism Development Committee has a shortfall in funds that may continue for a while. He said he plans to address this issue before the County Commission. C. Mayor Barnes • Discussed the Recreation Workshop held on May 17, 2002 and suggested Commissioner Adams be invited to attend the June 12, 2002 regular meeting. Mr. Majcher said he would be meeting with Commissioner Adams and Administrator Chandler to discuss the issue. • Reported that the County Commission had approved placement of the one cent sales tax referendum on the November ballot and stressed the importance of the continuation of the tax to ease the burden on property taxes. • Reported that the Power Squadron wilt be at the Yacht Club on June 1 and 2 to inspect boats. • Reported that Council members have received copies of the Comprehensive Land Use Plan and advised Councilmembers to familiarize themselves with it. D. Mr. Hill Advised people to remember what Memorial Day means. Regular City Coundl Meeting May 22, 2002 Page Four E. Mr. Barczvk Absent. 11. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. Thane will be no separate discussion of consent spends items unless a member of Clty Council so requests; in which event, the item will be removed and acted uppn separately. A. Approval of Minutes - 5/8/2002 Regular Meeting B. Approval of Workshop Minutes - 5/15/02 Code Enforcement C. Approval of Workshop Minutes - 5/15/02 Special Meeting 02.111 D. Approve City Council Attendance to the Florida League of Cities Conference in Boca Raton, August 15-17, 2002 (City Clerk Transmittal 5/14102, Info) 02.112 E. Resolution No. R-02-23 Vacation of Easement - Kashary -Lots 3 ~ 4, Block 182, Sebastian Highlands, Unit 6 (GMD Transmittal 5/15/02, R-02-23, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 3 AND 4, BLOCK 182, SEBASTIAN HIGHLANDS UNIT B; PROVIDING FOR CONFLICTS WEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 02.113 F. Resolution No. R-02-24 Vacation of Easement -Pendleton, Lot 14, Block 457, Sebastian Highlands Unit 17 (GMD Transmittal 5/16/02, R-02-24, Map, Staff Report, Application, Utility Letters) A RESOLUTION OF TWE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 14, BLOCK 457, SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING, PROVIDING FOR EFFECTIVE DATE. A2.114 G. Resolution No. R-02-25 Authorizing Funding from the United States Department of Justice Universal Hiring Program A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE UNITED STATES DEPARTMENT OF JUSTICE UNIVERSAL HIRING PROGRAM; PROVIDING FOR CONFLICT, PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution Nos. R-02-23, R-02-24 and R-02-25 by title. 4 Regular City Council Meeting May 22, 2002 Page Five Mr. Hill removed item F. MOTION by Majcher/Coniglio "I move to approve consent agenda item A, B, C, D, E, and G." ROLL CALL: Mayor Barnes -aye Mr. Hill -aye Mr. Barczyk -absent Mr. Coniglio -aye Mr. Majcher -aye MOTION CARRIED 4-0 Item F -Vacation of Easement Discussion took place on engineering's concern about placement of a stem wall. The Building Director said the permit would not be issued if the stem wall is not included. MOTION by Hill/Majcher "I move approval of consent agenda item F." ROLL CALL: Mr. Hill -aye Mr. Barcxyk -absent Mr. Coniglio -aye Mr. Majcher -aye Mayor Barnes -aye MOTION CARRIED 4-0 12. PUBLIC HEARING 02.095 A. Public Hearing for Ordinance No. 0-02-07 -Police Retirement (City Manager Transmittal 5/16/02. 0-02-07~ AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 5$, ARTICLE III, POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING FOR EFFECTIVE DATE AND CONFLICTS. The City Attorney read Ordinance No. 0-02-07 by title and the Mayor opened the public hearing at 7:35 p.m. There was no public input. MOTION by Coniglio/Majcher "I move to adopt Ordinance No.0-02-07." 5 Regular City Cpuncil Meeting May 22, 2002 Page Six ROLL CALL: Mr. Barczyk -absent Mr. Coniglio -aye Mr. Majcher -aye Mayor Barnes -aye Mr. Hill -aye MOTION CARRIED 4-0 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC None. 14. ~2~M~TT~ ,DEPORTS/RECOMMENDATIONS A. Parks $~ RecreatiorZAdvisorv Committee 02.115 I. Interview. Unless Waived and Appoint One Regular Member Position (City Clerk Transmittal 5/1f/02 A~plica~ign,,A~1L~oarc~ Members) City Council briefly interviewed Mr. White. MOTION by Hill/Majcher "I would move to appoint Mr. Edward B. White to the regular member position unexpired term to expire 1/1/2005." ROLL CALL: Mr. Coniglio -aye Mr. Majcher -aye Mayor Barnes -aye Mr. Hill -aye Mr. Barcxyk -absent MOTION CARRIED 4-0 15. OLD B~S,~~,j 02.057 A. Preser~~~Xi~O.Spncernina Secondary Front Yard Setback Requirements for Corner Lots ~SMD Transmittal 5/15/02 The Growth Management Director and Building Director presented staff recommendation to reduce the secondary front yard setback requirement by five feet. MOTION by Majcher/Coniglio "I make a motion to advise staff accordingly, to prepare the necessary text for amendment of modification for secondary yard setbacks far corner lots." 6 Regular Ciry Council Meeting May 22, 2002 Page Seven ROLL CALL: Mr. Majcher -aye Mayor Barnes -aye Mr. Hill -aye Mr. Barczyk -absent Mr. Coniglio -aye MOTION CARRIED 4-0 16. NEW BUSINESS 02.116 A. Re uest from n n for P c meat of Two Urns on Her Cemete Pro ert (Gifu..-C_~4l:I~.TI"I~,ILm~tal 5/6/02. Letter. Sec. 34-18 Code) The City Clerk had provided additional layout information and a picture of the flower urn. The City Attorney advised that a total cleanup of the ordinance could be done since the current language is quite archaic. MOTION by Coniglio/Majcher "I move that we consider the request for--not consider it--can we just do it--to allow Constance Spates for an extension of pad of her existing monument to accomodate placement of two urns, could I tack onto it that we revamp the code to allow for this type of structure for anyone that has bought so many set a limit on how many . . .. direct city staff to come up with the proper accommodations for putting increase of structures on family plots.° ROLL CALL: Mayor Barnes -aye Mr. Hill -aye Mr. Barcxyk -absent Mr. Coniglio -aye Mr. Majcher -aye MOTION CARRIED 4-0 02,117 B. Resolution N . R- -22 A n ended Fiscal Year 2001-02 Bud et Finance T ~~n~m~~,~, ~/~/02. R-02-22. Memo. Status Reports. Schedule of Investments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-02-22 by title. The Finance Director briefly described the amendments and responded to questions from Council relative to reduction in utility franchise fees and an increase in operating expenditures due to a toilet running. 7 Regular City Council Meeting May 22, 2002 Page Eight MOTION by Majcher/Coniglio "Maus to adopt Resolution 02-22." ROLL CALL: Mr. HiA -aye Mr. Barczyk -absent Mr. Coniglio -aye Mr. Majcher -aye Mayor Barnes -aye MOTION CARRIED 4-0 02.118 C. Auth rize S le S r P rch r r in / ra or Li n in o r in h Am n r n al / 2 ertificate The City Manager briefly described the proposed upgrade that will benefit contractor licenses. MOTION by Hill/Coniglio "Move to authorize sole purchase, sole source purchase of software upgrades for IMS Permitting/Contractor Licensing software in the amount of $fi,fi00.00." ROLL CALL: Mr. Barczyk -absent Mr. Coniglio -aye Mr. Majcher -aye Mayor Barnes -aye Mr. Hill -aye MOTION CARRIED ~-0 02.119 D. Ado t he Pro'ected Fiv Y r rk I m n Plan Outlin the Pro'ects and the Year of Impl~c m~nl;,~tion (City Manaraer Transmittal. Memo. Plan. Summary The City Manager reiterated that elements of the proposed park plan will need to be incorporated into the City' Comprehensive Plan as advised by the City Attorney and sought Council's endorsement to proceed accordingly. Mayor Bames recommended that the Recreation Committee be involved with these decisions. Mr. Hill inquired where this list came from, and the City Manager advised that it is a compilation of input from the public, committee and staff. Mr. Hill asked where the written comments are from the Parks and Recreation Advisory Committee. Bill Ingui, Parks and Recreation Advisory Committee Chairman, said he had not seen the report, however, it was his understanding that once Council approves it, each aspect of it goes to the committee to conduct hearings for public input and adjustments to come back to Council. Mr. Hill said it seems to him that the committee should see it first and make its recommendations to Council. 8 Regular City Council Meeting May 22, 2002 Page Nine The City Manager said the dynamics needed to be done to adopt the recreation impact fee as well as for the Comprehensive Plan. Mr. Hill reiterated that the City Manager, with the blessing of Council, will then work with the Recreation Committee. The City Attorney said comprehensive plan amendments will require public hearing before the Planning and Zoning Commission and then back to Council which would be an 8-10 week process. Council agreed to watch for the Commission minutes. Discussion continued on the requirement to spend funds in the zone collected within the same zone. MOTION by Majcher/Coniglio "I move to give consensus to initiate the process accordingly." VOICE VOTE on the motion carried 4-0. 02.120 E. Authorize Staff to Execute and Award Contract to Chilbera Construction CQmAanv_,_ Inc. i h m not 8.0 t ninerDein nd r- I vrhn h Central Garage Facility (GSA Transmittal 5/15/02. Bid Tabulation) The City Manager noted that this a transportable awning and could be relocated in the future with the facility. MOTION by Hill/Majcher "Move to award contract to Chilberg Construction Company, Inc. in the amount of $34,448.00 cents to engineer, design and erect metal overhangs at the Central Garage Facility, and authorize staff to execute an agreement for same.° ROLL CALL: Mr. Coniglio -aye Mr. Majcher -aye Mayor Barnes -aye Mr. Hill -aye Mr. Barczyk -absent MOTION CARRIED 4-0 9 Regular City Council Meeting May 22, 2002 Page Ten 17. Being no further business, Mayor Barnes adjourned the meeting at 8:15 p.m. Approved at the June 12th, 2002 Regular City Council Meeting. Walter W. Barnes Mayor /rl -- Sally A. io, CMC City Clerk 10 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET MAY 22, 2002 REGULAR MEETING "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA*- LIMIT OF 10 MINUTES PER SPEAKER If the item on which you wish to speak is on the printed agenda, do not sign this form. The Mayor will call for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: PUBLIC HEARING SIGN-UP SHEET May 22, 2002 02.095 A. Public Hearing for Ordinance No. 0-02-07 -Police Retirement (City Manager Transmittal 5/16/02, 0-02-07) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 58, ARTICLE III, POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING FOR EFFECTIVE DATE AND CONFLICTS. NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS