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HomeMy WebLinkAbout06272001HOME OF PF. UCAN ISLAND 2. 3. 4. SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 27, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Rev. EIlie Lea of the First Presbyterian Church gave the invocation. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben Bishop Mr. Joe Barczyk Mr. James Hill City Council Absent: Mr. Edward J. Majcher, Jr.(excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Police Chief, James Davis City Engineer, Ralph Brescia Public Works Director, Terry Hill Roads and Drainage Superintendent, Jerry Converse ular Council Meeting 27, 2001 Page Two 01.168 01.027 01.159 01.025 .A_qenda Modifications (Additions And/or Deletions) Items Not on the Written Agenda May Be Added Only upon a Majority Vote of City Council Members (R-99-21) None. 6. Proclamations, Ann..0. unce .m...e. nt{} And/or Presentations A. Proclamation - SobrieW Checkpoint Year Mayor Barnes read and presented the proclamation to Police Chief Davis. B. Formal Introduction of New Poli~e Chief - James A. Davis The City Manager introduced the new Police Chief, James Davis who addressed Council and the public. C. Life Saving Awards - Vicious Dog Attack Mayor Barnes presented the awards to Sgt. Mike Beyer, Officer Dail Echevarria and Officer Mark Fischer for their role in life saving efforts on June 10, 2001, during a dog attack on Day Drive. Chief Davis accepted the awards on their behalf. Presentation by Richard Burklew, St. Johns River Water Mana.qement District - Palm Bay Office - Chief Hydrologist - Sebastian Water Tables Mr. Burklew advised City Council on the current conditions of Sebastian's aquifer levels which are still below normal (-2 to -5 inches.) He said even though it has been wet recently, St. Johns has not yet decided to rescind its water shortage warning, noting recharge is taking place but the aquifer is slow in refilling. He commended City Council on enacting these restrictions, and stated that irrigating twice a week is sufficient under any circumstances. Mr. Hill expressed concern for continuing with the two day emergency restriction when it might not be needed. Mr. Burklew said the District may have an idea by July of what weather trends are occurring. Mr. Bishop noted that there are currently no surficial aquifer monitoring wells in Sebastian and Mr. Burklew said there were three wells at one time in Sebastian that could be utilized. He advised that the City write a letter to St. Johns River Water Management District to express an interest in establishing a monitoring well. :~uegular City Council Meeting ne 27, 2001 Page Three 7. City Attorney Matters Stated the wells in question are on the Filbert Street property and the City is looking at a grant to develop that property; noting the establishment of a well would score points on the City's grant application Reported on the local option gas tax, stating there has been no further action at this time with the Dept. of Revenue; and that he City will send a letter warning that the City will be filing appeal; Said he will bring the mulching ordinance language to the next meeting Reported he was elected as St. Johns River Water Management District representative on the Board of Directors for the Florida Stormwater Association 8. City Mana.qer Matters None. 9. City Clerk Matters None. 10. City Council Matters A, MaYor Barne...S Inquired whether there was anything the City could do under its franchise to exercise penalties for poor service, to which the City Attorney responded the telecommunications act took a lot of authority away, advised this is not an exclusive franchise, and that loss of service can be deducted from bills. The City Manager said he has advised people to exercise their right to adjust payments. B. Vice Mayor Bishop Inquired about the 2004 sunset date for the one cent sales tax and whether there will be a referendum and suggested that staff look into it and the City Attorney reported that it would probably be on the 2002 ballot Expressed concern about code violations at a house on Ocean Cove; and the City Attorney suggested this could be addressed under nuisance ordinanc Recommended that the public not be kept out of the loop on the Good Guys property planning process TAPE I - SIDE II (7:48 p,m.) oegular City Council Meeting une 27, 2001 Page Four The City Manager reported a conceptual riverfront plan had been distributed, and there will be ample opportunities for workshops and public debate on the use of Good Guys property. Discussion took place on whether there is enough water to get boats in this area, and the City Attorney said there were development plans in place with a permit good till 2003 to build a dock when the property was purchased; and said Council will have to approve the site plan because the City is the owner. C. Mr, Barczvk Asked if Concha Street house could be given a violation notice for tall grass and the City Attorney reported that subject house had been served notice Requested approval for the resolution endorsing Amtrak service Stated he would like to ensure the City had representation on the County's redistricting council in August/September Commended Police and Public Works staff and volunteers who pitched in to help their neighbors in the aftermath of Sunday's tornado 01.160 FDOT Fundin~ of Amtrak Florida East Coast Passen.qer Rail Service Mayor Barnes and the City Attorney suggested minor amendments to the Amtrak resolution relative to the list of cities served, Council concurred and Mayor Barnes called for a motion to adopt the resolution. MOTION by Bishop/Barczyk "1'11 make that motion." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barc7yk - aye Mr. Majcher - absent Mr. Hill - aye MOTION CARRIED 4-0 D. Mr. Hill Commended City staff for their efforts during the tornado aftermath; and announced that other golf course facilities are still open despite the golf course closing. E. Mr. Maicher - Absent 4 Regular City Council Meeting June 27, 2001 e Five 11. Consent A.qenda 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. A. Approval of Minutes - June 8, 2001, Special Meeting B. Approval of Minutes - June 13, 2001, Regular Council 01.161 Approval of Minutes - June 19, 2001, Stormwater Workshop Resolution No. R-01-47 Dept. of Justice Local Law Enforcement Block Grant Program (LLEBG) (City Manager Transmittal 6/21/01, R-01-47) 01.162 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 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) PROGRAM. Resolution No. R-01-48 Florida Dept. of Environmental Protection Land and Water Conservation Fund Program Grant (City Manager Transmittal 6/21/01, R-01-48) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A LAND AND WATER CONSERVATION FUND PROGRAM GRANT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 01.160 Resolution No. R-01-49 Supporting Amtrak Passenger Rail Service (City Manager Transmittal 6/22/01, R-01-49) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA SUPPORTING THE ESTABLISHMENT OF AMTRAK PASSENGER RAIL SERVICE BETWEEN JACKSONVILLE AND WEST PALM BEACH ALONG THE EAST COAST OF FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. 01.057 Authorize the City Manager to Approve Change Authorization #1 from the St. Johns River Water Management District and Revised Schedule for the Extension of the Master Stormwater Management Plan Contract from July 1, 2001 to March 1,2003 (City Manager Transmittal 6/19/01, Change Order Authorization Dated June 1,2001 from SJRWMD Plan Project Schedule) 01.163 Authorize the City Manager to Attend International City Managers Association (ICMA) Annual Conference in Salt Lake City, UT - 9/21/01 to 9/25/01 (City Manager Transmittal 6/21/01 ) 01.164 Amy Harvey - Wedding Reception at Community Center June 30 until 12:00 am, NB (City Clerk Transmittal 6/12/01, Application Dated 6/12/01) 01.018 Approve 4th of July Celebration Street Closings (City Manager Transmittal 6/21/01, List of Streets to be closed) The City Attorney read Resolution Nos. R-01-47, R-01-48, and R-01-49 by title. He noted that R-01-49 was as amended at the table tonight. 5 Regular City Council Meeting June 27, 2001 ~e Six MOTION by Hill/Bishop "1 move to approve consent agenda items a through j as amended." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - absent Mr. Hill ~ aye Mayor Barnes - aye MOTION CARRIED 4-0 12. Public Hearing - None 13. 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 Greg McCarty, Wal-Mart, requested a waiver from the water restriction times to allow watering during the night when customers were not in the store 10:00 p.m. to 6:00 a.m., every night for a maximum of four hours. The City Attorney said he will review the code for possible exemptions and bring those back before Council. Sal Neglia recommended that the City restrict use of cell phones; stated the blue road markers are still not in place; and discussed water restrictions. Tut Connelly said passenger trains do not make a profit; attendance at Indian River County administration by a city representative good idea, suggesting a group or committee attend to follow County items such as the gas tax; and said redistricting is needed to ensure representation. Chuck Neuberger, Sebastian, President of Sebastian Property Owners Association, spoke about statements made by the Mayor regarding a letter to the editor by Baxter Coston about the clock location and clock's anonymous donor. Mayor Barnes responded to the comments made by Mr. Coston. Baxter Coston, suggested the City look into Amtrak stopping in Sebastian and Mr. Barczyk responded there may be future additional stops. Rob Muir, Sebastian Panthers Association, said young men at the Skateboard Park are using foul language, playing nasty music and not using pads; and said City staff told him the Panthers are not responsible for cleaning restrooms at the Panthers clubhouse because it had to be open at all times to accommodate the skateboard facility. The City Manager said the agreement with the Panthers states they are responsible for cleaning the restrooms and invited Mr. Muir to call his office with any concerns. Mr. Muir also asked that the City put up signs prohibiting bikes and skateboards from sidewalks around the football field; and questioned the location of a boys and girls club at the end of field one. Regular City Council Meeting June 27, 2001 e Seven Herb Sturm, Sebastian, discussed a letter from Chief Davis regarding statements by the City Attorney regarding code enforcement fines and a lien placed against his property. TAPE II - SIDE I (8:35 p.m.) Mr. Sturm continued his input asking how City Council can accept false police reports, noted he had submitted a complaint against the police to the Clerk, and said Council needs to direct the City Manager. Gary Kaczenski, Sebastian, asked if a bottom rail and ladder can be installed on the long docks at Main Street and the Yacht Club to allow boats to moor while they wait to use the ramps. Mayor Barnes called recess at 8:43 p.m. and reconvened the meeting at 9:58 p.m. All members were present except Majcher. 14. Committee R~p0rts/RecommendatiQP.8 - None 15. Old Bu~ine. S.s.. 01.111 A. Potential Millennium Clocktower L._ocations ('City Manaaer Transmittal 6/.2..1/01, Maps, Narrative and Photos) Carolyn Corum, Sebastian, suggested Main Street and U.S. 1 or Main Street and Indian River Drive for the clock's location. Betsy Field-Connelly, Sebastian, requested Council not be hasty in its decision, nor stingy in expending funds to locate it, and suggested placement in the center of Fellsmere Road with a circular drive around it. Julianne Barrett said she prefers Main Street and U.S. 1 as the location; and thanked Ann Brack for helping with the 75"' Anniversary Committee. Sal Neglia suggested the southeast corner of U.S. 1. Steve Lada, said placement of the clock in the middle of Fellsmere Road will block the view of the Indian River from CR512; and suggested Main Street and U.S. 1. Baxter Coston, Sebastian, suggested the bluff on High Street. Carolyn Corum noted the Fellsmere location was approximately $100,000. Tut Connelly, addressed the cost. Alita Hirshfeld, Sebastian, said City Council needs to find the center of the City. 7 luegular City Council Meeting ne 27, 2001 Page Eight (See option narrative list attached for numbered locations) Mr. Bishop prefers location #2 Mr. Barczyk prefers location #3 & #5, narrowed down to #3 Mr. Hill prefers location #2 Mayor Barnes prefers across the street to the north from location #4 making this ~,A. Mayor Barnes suggested that Council members visit the sites and then this item be placed on the next agenda for a vote. Betsy Field-Connelly said she had computer generated photos of eight possible sites which she could provide to City Council. She was asked to provide them to the City Clerk. It was determined that Sites 2, 3 and 4A will be considered and the others eliminated. Julianne Barrett said certain businesses that made large donations were promised plaques on the clock tower platform. Mr. Barczyk suggested looking into changing the name of Fellsmere Road to Sebastian Blvd. from Indian River Drive to CR510 or 1-95. 01.151 B. National Fire Protection A,,ssociation (NFPA) Standards (Cit,,¥ Manager T, ransmittal 6/20/0~ FLC Fact S,heet. NFPA 1710 Draft3 The City Manager stated that Florida League of Cities opposes the standards, that staff spoke to Emergency Services which provided the information that the Indian River County impact would be approximately $1 million. City Council discussion followed on the cost, that this is a county rather than city issue, and that most cities are opposing the issue. MOTION by Barczyk/Bishop "1 make a motion to add something to the agenda reference to a (I hate to say it-a) sign." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - absent Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 4-0 Mr. Barczyk questioned the lattice sign in Riverview Park placed by the Pilot Club in 1990, and suggested it be removed since complaints have been received on the appearance, it was decided to place this item on the next agenda. Regular City Council Meeting I June 27, 2001 Page Nine MOTION by Bishop/Hill "1 would make a motion that we not support the NFPA's 1710 what was the other number involved here? And (bear with me) 1720." Mr. Bishop stated that he would like to send a letter that the Council does not support the proposed rule. ROLL CALL: Mr. Majcher - absent Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 4-0 16. New Business 01,165 Approve the Purchase of a Caterpillar 924G Wheel Loader from Kelly Tractor Company. in the Amount of ~109,016 (City Manager Transmittal 6/!.2.(Q..1, Sales Quote, Federal GSA Contract Letter) Jerry Converse, Roads and Drainage Superintendent, addressed City Council on the benefits of the proposed purchase. MOTION by HilllBarczyk "1 move to approve the purchase of a Caterpillar 924G Wheel Loader from Kelly Tractor Company in the amount of $109,016 from the Federal GSA Contract #GS-30F- 1025D." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - absent MOTION CARRIED 4-0 01,166 Resolution No, R-01-46 - Authorize theExecution of Letter Agreement Am~ndin.cl Existing ..A..qreement with ICMA Retirement Corporation for the.. P.~Irp0se of Providing Payro!.! Deductions for Individual Retirement Accounts (Finance Dept. Transmittal 6/20/0,!,..R..r...0...!.-46, letter a_c~re~ment3 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PERTAINING TO PENSIONS, AMENDING THE EXISTING AGREEMENT WITH THE ICMA RETIREMENT CORPORATION PROVIDING FOR AN EXECUTION OF AN LE'I-rER AGREEMENT TO PROVIDE PAYROLL DEDUCTION INDIVIDUAL RETIREMENT ACCOUNTS TO EMPLOYEES; PROVIDING FOR REPEAL OF RESOLUTION OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 9 Regular City Council Meeting iJune 27, 2001 Page Ten The City Attorney read Resolution No. R-01-46 by title. The City Manager explained this was an opportunity for employees to contribute to a pay plan and save. MOTION by Barczyk/Hill "1 move to adopt Resolution No. R-01-46." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr, Barczyk - aye Mr. Majcher - absent Mr. Hill - aye MOTION CARRIED 4-0 01,167 Authorize and Execute a Commemorative P0.s..te...r. and Kiosk Program Agreemen.t. with Community Graphic, Inc.(City Mana.qer Transmittal 6/21!01, City Mana.qer Letter, A.qreement, Kiosk/Banner Samples, BeDefit~ 9.f.the Pro.qram) The City Manager described the banner and kiosk program and sought City Council approval. The City Attorney responded to concerns expressed regarding whether the city has right of approval of the banner designs, The City Manager said his office will work directly with the company on the design. The City Attorney said he was not comfortable with the agreement and suggested it be fine tuned. It was the direction of City Council to clean up the agreement, check references and bring it back to the next council meeting. Carolyn Corum, Dolores Street, Sebastian, expressed concern for several aspects of this proposal. 17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:21 p.m. Approved at the July 11th, 2001 Regular City County Meeting. Walter Barnes - ~ Sally A.~M~, CMC City Clerk ]0 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET JUNE 27, 2001 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,,,~USlNESS NOT OTHER,WISE ON THE PREPARE.,D, 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. ~ 0 .................... '"7'"'7-7:-: ...... ........................................... 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