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Home My WebLink About07112001HOME OF PFJ. JGAN ~ 2. 3. 4. SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 11, 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. There was a moment of silence. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Golf Course Director, Greg Gardner Growth Management Director, Tracy Hass Police Chief, James Davis Public Works Director, Terry Hill Records Management Specialist, Jennifer Maxwell Code Enforcement Officer Sue Voyten Regular City Council Meeting luly 11, 2001 e Two 01.075 AGENDA MODIFICATIONS {'ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a rnajodty vote of City Council members (R-99-21) Mayor Barnes suggested moving New Business items E, F and H to item 14. The City Attorney suggested that item G replace Public Hearing item B. City Council concurred with the changes. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS None. CiTY ATTORNEY MATTERS The City Attorney reported on the local option gas tax, stating he had called Indian River County, and would put in one more call to find out what is going on at the state level. He said if unable to ascertain he would file an appeal on Monday. He then requested authorization to attend an environmental permitting summer school. MOTION by Bishop/Majcher "I make a motion for attorney to attend the what was it Rich, the environmental permitting school next week". ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 CITY MANAGER MATTERS Zo Approval of Revised Interlocal A.qreement between the City of ..S..e_..b. estian and the School District of Indian Riv..er C.....o..v.nt,/for ~/ideotapin.q Services by Sebastian River High School ..S_tudents (City Mana.qer Transmittal 7/2/01, Revised A,qreemeqt). The City Manager briefly described the amended agreement, specifically the hourly rate of $23 for the instructor and $6 for students. MOTION by Majcher/Hill "I make a motion that we approve the revised interlocal agreement between the City and the School District of Indian River County". jpRegular City Council Meeting uly 11, 2001 age Three ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 01.167 B. Status of Banner & Kiosk Pro~ram - Community Graphics,/nc. (No Backup) The City Manager reported that Community Graphics is willing to work with the City on a revised agreement, as requested by City Council at its last meeting, and that he will bring the revised agreement back to a future agenda. C. Other Matters In other matters, he reported on his discussions with Congressman Weldon regarding citizen cable concerns and distributed information from Congressman Weldon and the FCC (see attached). Mr. Barczyk requested that staff check to see if Charter Communications is in compliance with Fee's signal quality standards. The City Attorney stated if a test had not been done in a while, it can be requested but cited the ultimate penalty the City could impose would be to cancel the franchise and operate its own cable system. 9. CITY CLERK MATTERS 01.180 A. Introduction of Jennifer Maxwell, Records Mana,qement Specialist The City Clerk introduced Jennifer Maxwell, Records Management Specialist and showed the Council a photograph of 43 books of minutes representing years 1924 through the present, which were scanned onto one compact disc. 10. CITY COUNCIL MATTERS A. Vice Mayor Bishop None. B. Mr. Barczyk Encouraged attendance at the Indian River County meeting tomorrow night at 7 pm at Pelican Island Elementary School regarding water assessment phase IIIB and IIIC. He suggested a Blue Ribbon panel be formed made up of local professionals to look into assessments and report back to Council; and recommended the City Attorney approve the members of this panel. Regular City Council Meeting July 11, 2001 ge Four · Suggested street lights be on during the parade. · Discussed renaming Fellsmere Road and suggested staff look into changing it either to the city limits or all the way out to 1-95. The City Attorney said he could come back with a recommended panel of 3 to 5 people at the next meeting; and suggested Council give the panel a time frame in which to work to report back on waterline issues. Mr. Majcher asked for a copy of the bond and the City Attorney suggested a resolution to encourage the county's cooperation. Mayor Barnes encouraged public participation. Alita Hirshfeld, asked why this matter was coming forward now when she had been questioning it for several months. Chuck Neuberger suggested a good engineer be placed on the committee. It was the consensus of Council to have staff bring back names for a Blue Ribbon committee, The City Attorney advised that renaming of streets within City limits can be done, but suggested for uniformity sake, that the renaming be contemplated further west to CR510 or 1-95. It was the consensus of City Council to pursue the renaming from 1-95 east. Mayor Barnes requested the item be placed on the next agenda for a specific name. C. Mr. Hill Suggested a staff member attend MPO meetings. Questioned whether the emergency water restriction needs to remain in place and requested the matter be placed on the next agenda. The City Attorney said he would provide a proposed resolution for repeal of the emergency water restriction. D. Mr. Maicher Stated the Fourth of July celebration was the best he had seen but said he thought the City intended to have the Yacht Club restrooms completed; and asked how the City could account for violations of time frames in the future. The City Manager reported that penalties can be assumed and he is currently working with the General Services Manager to prevent violations in the future. 4 Regular City Council Meeting July 11, 2001 Page Five .181 1. Re(~uest Attendance by City Representative at County Commission Meetin~qs Inquired whether any action had been taken on a representative attending County Commission and MPO meetings. It was suggested that City Council members could take turns and rotate attendance. Mayor Barnes suggested this begin in August and a schedule be developed. Mr. Bishop suggested the City obtain agenda packets prior to meetings. 01,170 01.171 E. Mayor Barnes Submitted a citizen letter of commendation for employees and neighbors who participated in tornado damage clean-up. The City Manager asked for direction on enhancements and improvements for the riverfront expansion site plan to meet grant deadlines. City Council scheduled a workshop on the Riverview Park Expansion property for August 8, 2001, 6:00 p.m. 11. 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, A. Approval of 6/27/01 City Council Workshop Meeting Minutes B. Approval of 6/27/01 Regular City Council Meeting Minutes Resolution No. R-01-53 - Vacation of Easement - Ferraro - Lots 1 & 2, Block 225, Sebastian Highlands Unit 6 (Growth Management Transmittal 6/29/01, R-01-53, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS I AND 2, BLOCK 225, SEBASTIAN HIGHLANDS UNIT 6; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Resolution No. R~01-54 - Vacation of Easement Raymondo/Pearce Lots 10 & 11, Block 12, Sebastian Highlands Unit 1 (Growth Management Transmittal 6/29/01, R-01-54, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 10 AND 11, BLOCK 12, SEBASTIAN HIGHLANDS UNiT 1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolutions Nos. R-01-53, and R-01-54 by title. MOTION by Bishop/Barczyk "1 move to approve the consent agenda." lular City Council Meeting July 11,2001 Page Six ROLL CALL: Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop MOTION CARRIED 5-0 - aye - aye - aye - aye - aye TAPE I ~ SiDE II (7:47 p.m.) 01.132 12. PUBLIC HEARING Second Readi,n,q and Pub ic Hearing for Ord,i, nance No. O-,01-13 - Regulation of Watercraft on ,City Waterways (City Attorney Transmittal 7/5/01, O~,01-13), AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-2-7.8 REGULATION OF WATERCRAPTAND CHAPTER 110 ARTICLE Ii WATERCRAFT; PROVIDING FOR CONFLICTS, SEVERABiLITY, AND EFFECTIVE DATE. Mayor Barnes opened the public hearing at 7:47 p.m. and the City Attorney read Ordinance No. O-01-13 by title. The City Attorney noted there was an amendment at the first reading but the amended ordinance had not been provided in the agenda packet. Being no further input, Mayor Barnes closed the public hearing at 7:50 p.m. Mr. Barczyk asked if the spoil islands should be included in section d, and the City Attorney replied that they would fall under police authority. MOTION by Bishop/Majcher "1 move to approve Ordinance No. O-01-13 as amended during the first reading." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 Regular City Council Meeting 11, 2001 e Seven 01,156 B, 01.156 Second Reading and Public Hearing for Ordinance No. O-01-14 - Collecting Fees from Communication Service Providers ('O-01-14, Florida Leaeue of Cities Information) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO REQUIRING AND COLLECTING PERMIT FEES FROM PROVIDERS OF COMMUNICATIONS SERVICES AND INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR INTENT; PROVIDING FOR ELECTION NOT TO REQUIRE AND COLLECT PERMIT FEES; PROVIDING FOR ELECTION TO INCREASE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, Mayor Barnes opened the public hearing at 7:52 p.m.; and the City Attorney advised that new legislation allows the City to make selection on how city's receive distribution. He stated Resolution No. R-01-55 does what Ordinance No. O-01-14 would have done and more. He then recommended Council withdraw this ordinance from consideration. MOTION by Majcher/Hill "1 would make a motion to withdraw item b under public hearings". ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 Resolution No. R-01-55 Adoption of Telecommunications TaX (,C,j.t,~ Attorney Transmittal 7/3/01, R-01-55) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA RELATING TO REQUIRING AND COLLECTING PERMIT FEES FROM PROVIDERS OF COMMUNICATIONS SERVICES AND ESTABLISHING THE LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR INTENT; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. The City Attorney read Resolution No. R-01-55 by title and explained that the utilities had requested the state to pass the Telecommunications Service Tax to cut the administrative costs they had previously incurred in paying a multitude of local fees; and in return the state will charge a statewide rate and give back a portion to the municipalities. Mayor Barnes opened the public hearing at 7:52 p.m. Chuck Neuberger asked if each utility would be effected by this tax and the City Attorney stated the legislature excluded the television industry. MOTION by Hill/Majcher "1 move to adopt Resolution R-01-55." 7 Regular City Council Meeting July 11, 2001 ge Eight ROLL CALL: Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill - aye - aye - aye - aye - aye MOTION CARRIED 5-0 01.157 Co Secon. d Reading and Public Hearing for Ordinance No. O-01-15 - Recreational Impact Fee (City Attorney Transmittal 7/3/01, O-01-15) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 74 TO CREATE ARTICLE Iii RECREATIONAL IMPACT FEES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE, Mayor Barnes opened the public hearing at 8:02 p.m.; and the City Attorney read Ordinance No. O-01~15 by title; advised that the Comprehensive Land Use Plan requires growth impacts be funded by new development; and distributed a Recreational Impact Fee Worksheet (see attached). Pierre Paquette asked if developers will receive a credit for donation of green area and the City Attorney said there is a system of credits. Tut Connelly, concurred with the impact fee. Being no further input, Mayor Barnes closed the public hearing at 8:17 p.m, and City Council input followed relative to balancing the funding among city districts, which the City Manager said will be addressed in future budgets in accordance with the comprehensive plan. The City Attorney advised that remaining funds could be utilized in citywide parks. MOTION by Barczyk/Bishop "1 move to adopt Ordinance No. O-01-15." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 Mayor Barnes called recess at 8:25 p.m. and reconvened the meeting at 8:36 p.m. All members were present. Regular City Council Meeting July 11, 2001 e Ten 01.172 D. Second Re. adin,q and Second Public Hearing for Ordinance No. O;Q0-05 - CLUP Amendment to Ind~..strial (IN) - 14.85 A(;.re~. - Gibson Street .('Growth Manage. ment Transm.ittal 712101, O-00-05,..Application for Comprehensive Land....Use Chan(~e, Location Map,..Staff Report and P & Z Recommendation). AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO INDUSTRIAL USE (IN) FROM LOW-DENSITY RESIDENTIAL (LD) FOR LAND CONSISTING OF 14.85 ACRES, MORE OR LESS, BEING LOTS 16, 27 AND 28, SECTION 30, FLEMING GRANT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Mayor Barnes opened the public hearing at 8:37 p.m.; and the City Attorney read Ordinance No. 0-00-05 by title. The Growth Management Director noted there were substantive issues related to this application which have had to be addressed and discussed several concerns outlined by Department of Community Affairs, Treasure Coast Regional Planning Council, Departmetn of Transporation and Indian River County as follows: · School siting criteria - he stated language has been incorporated into the Comprehensive plan · Proximity to an active runway - he stated the use will have no impact on the airport · Smoke emissions or fog - he stated the code prevents this · Proximity to scrub habitat - he stated industrial or commercial is preferable to residential habitat neighboring scrub jay habitat, due to landscaping and buffer requirements and that residential pets are detrimental to scrub jays. · Wetlands - he stated retention of run-off is required · Access - he stated the main access is 129 Dale Street which bisects residential corridor and while the County objects to commercial vehicles on the residential corridor, they also oppose additional residential vehicles on this corridor which will be greater than the industrial impact. · Impacts to Roseland residents - he stated there are alternate accesses available to reduce traffic concerns. TAPE II - SIDE I (8:45 p.m.) The City Attorney advised City Council on the legal status of the issue, and described access concerns as expressed by Indian River County, whereby they prefer use of 130th Street rather than 129th which is residential. He further advised that although the County has not disputed the 60 foot right of way parcel that the applicant owns, there has been a federal request for Gibson Street to be vacated through the scrub habitat which would require a permit language change and amendment to the habitat conservation plan. He stated that no application for the abandonment of Gibson Street has been received as yet and the state may sit down with us and work out the access issue. City Council Meeting July 11, 2001 Page Ten Carolyn Corum expressed concern about use of the land, possible emissions, and runoff. The Growth Management Director said all development must maintain stormwater on-site, and the City will not allow any high level industry with emissions. He listed the allowed industrial activities from the Land Development Code. Tut Connelly, Sebastian, said this needs more study. C. N. Kirrie, applicant, addressed City Council on the land use change, noting this pristine land was the County dump in the past; reported on the manufacture and use of Styrofoam, which, he stated is not hazardous, the fact that owns a piece of property that will allow access on the west and east end and that future negotiations will put access further to the north to lessen impact to the City. Carolyn Corum asked how the styrofoam will be made and Mr. Kirrie briefly explained. The Growth Management Director reminded Council not to focus on this one exclusive use.. Being no further input, Mayor Barnes closed the public hearing at 9:08 p.m. Mayor Barnes asked if the ordinance can be approved without the access issue being settled. The City Attorney said access would be established during site plan approval. Mr. Bishop asked if there was a requirement to send notice to adjacent property owners and the Growth Management Director advised that a display advertisement was placed in accordance with state law, and that noticing will be done for site plan approval. Mr. Hill said he was concerned that this use was not compatible with surrounding uses, would adversely impact residents to the north, and that there was sufficient industrial land within the airport which can be developed. The Growth Management Director stated when this started, there were no plans to develop the airport. Mr. Kirrie addressed Council once again about his current industrial activity in Roseland and current industrial activities adjacent to the subject property. Mr. Bishop expressed concern as to how many industrial uses could go on this site and expressed concern for impact to abutting residences. TAPE II - SIDE II (9:31 p, rn,) ]0 Regular City Council Meeting July 11, 2001 e Eleven Mayor Barnes expressed asked about building coverage and the Growth Management Director said there could be 50% impervious surface in industrial. Fred Mensing, adjacent residential property owner, addressed Council, noting this use should be industrial or commercial rather than residential because of the flight path and truck traffic. Mr. Barczyk stated that when this matter began there was commercial property where the conservation area now exists and Mr. Kirrie was correct in requesting industrial property. MOTION by Hill/Bishop "1 move to reject Ordinance No. O-00-05." Mr. Kirrie again addressed Council, describing former industrial use adjacent to the area. The City Attorney stated the legal ramifications would be that if there is a finding of non- compliance by the Department of Community Affairs, the City would negotiate, withdraw or go through administrative hearing. ROLL CALL: Mr. Barczyk - nay Mr. Majcher - nay Mr. Hill - aye Mayor Barnes - nay Mr. Bishop - nay MOTION FAILED 1-4 MOTION by Bishop/ "1 would like to make a discussion, a motion to defer action until the access issue is resolved." The City Attorney advised that it be deferred to August 22"~ and Mr. Bishop amended his motion "to defer action until August 22nd". At this time Mayor Barnes seconded the motion for discussion. ROLL CALL: Mr. Majcher - nay Mr. Hill - nay Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - nay MOTION FAILED 2-3 MOTION by Majcher/Barczyk "1 make a motion to approve agenda item number 01-172". City Attorney asked Mr. Majcher to name the ordinance number. "1 make a motion to approve Ordinance No. 0-00-05." Regular City Council Meeting 11, 2001 e Twelve t3. '14. .177 ROLL CALL: Mr. Hill Mayor Barnes Mr. Bishop Mr~ Barczyk Mr. Majcher - nay - aye - nay - aye - aye MOTION CARRIED 3-2 INTRODUCTION OF NEW BUSINESS, FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is ~ot otherwise on the agenda - sign-up required - limit of ten minutes for each speaker Sal Neglia, Sebastian, questioned how Code Enforcement personnel can do code enforcement work only part of the week and do their duty. Tut Connelly, Sebastian, discussed the proposed kiosk program, and use of out of state companies; praised this year's 4th of July celebration; suggested St. Johns River Water Management District look into a monitoring well before restrictions are eased. COMMITTEE REPORTS/RECOMMENDATIONS Resolution No. R-01-51 Abandonin,q 20'. X 50' Lon.q Alley off Jackson Street (Growth. Management. Transmittal 6/29/01,, R-01-51, Location Map, Le.qal Descriotio~ A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ABANDONING RiGHT-OF-WAY FOR AN ALLEY OFF JACKSON STREET iN OCEAN HEIGHTS SUBDIVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, The City Attorney read Resolution No. R-01-51 by title and the Growth Management Director gave a brief presentation. MOTION by Bishop/Barczyk "1 move to approve the abandonment, I'm sorry Resolution No. R-01-51." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 Regular City Council Meeting July 11, 2001 age Thirteen 01.178 F. Resolution No. R-01-52 Abandonin~ Portion of Indian River Drive Right-of-Way (Growth Management Transmittal 6/29/01~R-01-52, Location Map) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA ABANDONING A PORTION OF RIGHT OF WAY FOR INDIAN RIVER DRIVE IN SECTIONS EXCEEDING THE STANDARD WIDTH OF SIXTY-SIX FEET; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-01-52 by title; and the Growth Management Director gave a brief presentation, stating this would be consistent with the corridor and responded to Council concerns. Carolyn Corum, Dolores Street, Sebastian, expressed concern for giving up any area within the Riverfront and the Growth Management Director noted there are buried utilities along the right-of-way. MOTION by Bishop/Hill "1 would move to approve Resolution R-01-52." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 01.057 H. Resolution No. R-01-56 Adoption of a Preliminary Stormwater Utility Rate (City Attorney Transmittal 7/3/01, R-01-56) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA SE'Iq'lNG A PRELIMINARY STORMWATER UTILITY RATE FOR PURPOSES OF PUBLIC NOTICE; PROVIDING FOR NOTICE TO THE PROPERTY APPRAISER; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-01-56 by title and stated formal approval is not a legal requirement, but a preliminary rate must be submitted by July 24th for the TRIM notice. Warren Dill, representing Henry Fischer and Sons, said this issue deserves more public input prior to decisions being made. TAPE III - SIDE I (10:18 p.rn,) Regular City Council Meeting July 11,2001 Page Fourteen Mr. Dill continued his presentation and asked that Council defer the matter until it can get more information on it. Tut Connelly recommended Council take its time and get it right. Baxter Coston, Sebastian, asked if the rate was approved would his tax be $48 higher next year and if so, how could he be taxed for something that does not exist. The City Attorney explained the stormwater utility concept as allowed by state law. MOTION by Bishop/Barczyk "1 make a motion to extend the meeting to 1 l'oclock." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 The City Attorney said the $48 will be a separate charge and not included in ad valorem taxes, and the City's millage will, in fact, be reduced for the third consecutive year. He further advised that the Council's action tonight is merely to establish a preliminary assessment for the TRIM notice. The City Attorney then explained that although this may seem like a wash, the state requires that the city must have a dedicated revenue source to seek grants for its stormwater problems. He stated this matter will be heard several more times before final approval is given. Charles Stachel, 1698 Coral Reef Street, Sebastian, asked what an unimproved lot will cost and the City Attorney said a formula would be established to determine how much unimproved lots contribute to stormwater. Alita Hirshfeld, Sebastian, questioned the inclusion of easements in the area considered for the assessment. Dr. Henry Fischer said residents had not been adequately informed of this proposed tax, and noted people in private subdivisions have already paid for stormwater. The City Attorney reiterated that there will be credits, which is not the case at this time, since ad valorem taxes are paying for stormwater improvements. Pierre Paquette, Palm Lake Club, said he provides stormwater maintenance to residents in his subdivision and that it would be unfair to tax those residents again. 14 Regular City Council Meeting July 11, 2001 ge Fifteen 01.173 15. 01.111 01.169 16. 01.174 01,083 01.175 01.176 Alita Hirshfeld said if she had to pay $4 a month for stormwater everyone should have to pay it. Warren Dill again addressed Council on the lack of details presented to residents and requested the item be postponed. Sal Neglia, Sebastian, recommended waiting a year. Chuck Neuberger, asked who will make up the difference for people who will get credits. Mr. Bishop expressed concern for questions by the residents and lack of information. At 11:00 p.m. Mayor Barnes adjourned the meeting. The following items will be placed on the July 18, 2001 meeting. (Subsequent to the meeting closing, Mayor Barnes called a special meeting for July18, 2001 at 7 pm to complete the items) A. City of Sebastian Board Review (Synopsis of Boards) OLD BUSINESS A. Clocktower Locations (Photos previously submitted) B. Service Organizations Sign in Riverview Park (List of Organizations) NEW BUSINESS Authorize International Biohazard Services, Inc. to Clean Residence at 962 Evernia Street (Police Dept. Transmittal 7/12/01, Bid Quotes, Sanitary Survey by FL Dept. of Health) Approve Sole Source Purchase of Three Decatur Gemini In-car Video Systems from the Law Enforcement Supply Co. In the Amount of $11,085.00 (Police Dept. Transmittal 7/3/01) Approve Golf Course Range Netting Contract to Low Bidder, Asplundh Construction Corp. in the amount of $78,910.42 (Golf Course Transmittal 6/28/01, Price Quotes/Bids from Range Netting Vendors, Technical Specifications and Scope of Work of Project) Resolution No. R-01-50 - Repealing Resolution No. R-98-02 - Adoption of LDC Application Fees (Growth Management Transmittal 6/29/01, R-01-50 with Attached Exhibit A, Fee Comparisons) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING LAND DEVELOPMENT APPLICATION FEES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Regular Council Meeting July 11,2001 16 01.179 I. First Reading for Ordinance No. O-01-17 Amending LDC to Ban Operation of Large-Scale Free-Standing Mulching Machines, Schedule Public Hearing for 8/8/01(City Attorney Transmittal 7/3/01, O-01-17) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES TO CREATE SECTION 50-54 CERTAIN MULCH MACHINES PROHIBITED; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. Approved at the ......... July 25 Walter Barnes Sally A. Maio/ City Clerk 2001 Regular City Council Meeting. ]6 CONGRESSMAN DAVE WELDON 2725 Judge Fran Jamieson Way Building C Melbourne, FL 32940 (321)632-1776. (321 )6;39-8595 fax www. house.gov/weJd~n Fax Transmission Sent From: Ryan Morrison Press AssistantJ'DeRuty Scheduler ryan.morrison@mall.house.gov Company; Date Sent: Sent To: Name: Terrence Moore, City Manager City of Sebastian 7/10/01 ~mments: Terrence, Number of Page: (including this page) 7 Fax# 561-581-01.49 Attached is a letter,and information that should assist you regarding the c~ble signal quality complaints. Please call me or Para Gillespie if you have any questions. Ryan Morrison luly 10, 2001 Mr, Terrenee Moore, City Manager City of Sebastiaa 1225 Main St. Sebastian, FL 32958 DAVE WELDON 15'tH D~'rmcrr, ~ 0~.~ SCIENCE FINANCIAL SERVIC[~$ GOVERNMENT REFORM Dear Mr. Moore: Thank you for. contacting my office to obtain background in reference to a letter to the editor by Helena Hayes in today's Vero Beach Press Journal. Mrs. Hayes writes about the customer service and signal quality provided by her local cable system operator and encourages constituents to write to me about looking into this matter. Although rights to privacy would prelude me from discuss~ any specific cases with you, I can inform you that I have received only one complaint regarding this matter from Sebasfiaa residents. I contacted the FCC for information and hay, enclosed it for your rgview. As stated by the FCC, complaints r~garding the signal quality should be initially addressed dLrecfly 1o the cable operator. If the cable operator fails to resolve a si~nal quality complaint, then the subscriber should contact thc local franchising authority. I would encourage you ~o work with the cable operator and the local franchising authority to resolve ,.his or any other complaint (see attached "Cable TV Fact Sheet"), As your Congressman for the lSth District, it i~ an honor to serve you. If I.mm be of further assistance in this matter or any other federal matter, please don't hesitate to contact mc. With my regards and best wbhes, I remain, Sincerely, DAVE WELDON Member of Congr,ss Enclosures Printed on Re~0ted Paper FEDERAL COMMUNICATIONS COMMISSION ~B~.- . -,~...;,,, ,.. . .' ,,:;.; ,.~ September 199"/ CABLE TELE ION FACT SUBSCRIBER SIGN, L QUAJ.,ITY ST ARD5 Q: Does the FCC have requiruments refardi~ the techni~ quallt~ or the ubie TV picture I r~eive? Yes. The FCC hu ttchni~ qtmlity mmiards that define a basic qullity of se. rvim~ which ¢abl~ subscribm3 at~ cnzMed to regmivm, Q: wht sort oF picture qtml~ should I receive ff my esrble company is in eompliance with rbe ]~C'~ ~mdar~? A: Compliaztee with the Commission's mndards gm~ will resui: in a picture ~t is hifh enough in quali~ to provide enjoyable viewing with barely p~Ev, eptibie im~. Q: What should I do ff I mn nm ~vb~ · ~ood qmd~y ph:mm? You should first ~ m make sure all thc equipment and wiring yin, co~ to thc cable wir~ works properly, includin~ TVs, VC3ts and subsmq~r-o~zd Q: I Imve dettrudmd, tht my equipment is in ~ood w~ condm~ aod bbve ~ure Js ~ problen with tim cable signal delivered m my home. What is my mint step? A: Complaints reprding sigml quality should be referred dir~tly to thc cabi~ opermor. The FCC's ru~ rg~lUtm cabl~ operators to have in placg a ~ to rmotvc subscriber complaints on signal quality, Operators must also notify subr, crlber~ of ~ cOmptaint r~olution pro~e~ at least ~. 1~' year. (~ Who should I comms ff tl~ clble operator bas not ruolvM my sipt~ A: You should conu~,your io~1 hnchisins au~mrity. ~ is ~*- local city, ~ or likely to be familiar wi~b Io~ sysMm opemi~ and plar~ The rulm ara also available m connnue ~o provide cable s~rvtce m ~e community. '~"'~ ~ ~.u~c opc~cor can · ""-uL-"'emenm- h---- ~ __ , &ubt, l~"b~s ate exea'a~ from the Ms~mg · -~ , ,~q~,,~, me7 aro ~ill ~ m m~ the standm.~ s~ forth in ~he rule. Q: T'be cable operator tdb me that because af iK::C teeiag.~ teeti~ req~m~r,, ,.u~ m'e $,emleally daring off-peak view'in, bout1 ' *~,-,'--' *-- -- ,--- ':. '"~- mmul~s, .-. and ,,,~,u~ ~ ~, ~ umn a Mw me mi.. If you hav~ a ceaeem about ~ "'"~'$ L"~'~-I~--~"~-*'---':: ::""'*-'-'"'~"~ "'~" local rumoring awtax~. --r---.-.- .--...~, ,,zz. yu~ mmun contact y~- A: Yes. The FCC requir~ r.~iwd at th~ 's . . . ~ 2 FEDERAL COMMUNICATIONS COMMISSION September 1998 CABLE TELEVISION FACT SHEET CUSTOMER SERVICE STANDARDS Pursuant to the 1992 Cable Act, d~e Commhsion adopted federal standards aimed at improving the quality of gustomer service re~l~rod by cable operators. Although the sca .r~_:,rds were issued by the FCC, local franchisi~ authorities are charged with cnforchlg them. Franchise authorities may also adopt stricter or additional standards with the com~*nt of the cable op~ral[or or through enactment of a slate or municipal law. Smaller cable systems (those with 1,000 or fewer subscribers) are encouraged to seek waivers of [he standards they believe are too burdensome. The federal standards Ln ~ch of four major are. as are described below. Office Hours and Televhone Availabili~ The federal guidelines reco~ that each cable system maimain a local, toll-fr~-~ or collect call telephone line for raking customer's calls. This line must be available 24 hours a day, 7 days a week. During normal business hours, company r~resentatives must be available to respond to customer imluiries. After normal business hours, the cable sys~m may use an answering service or mac. him. A trair~l company representative must respond to inquiries received afxer normal business hours on the next business day. Normal business hours am thc hours during which most similar businesses in the community are open to serve customers, Thee hours must include some evct~ing hours at least one rt~ht pct- w~k: and/or some weekend hours. According to the federal b, uidelines, a call to a cable system must bc answered -- includi~ wait time - within 30 seconds afmr 'th~ connection is made. If the call is transferred, the transfer time may not exceed 30 seconds. These standards must be met at lea.~ 90 pement of the time, measured quarterly, under "normal operating conditiom." Als0 under normal operati~ conditions, cable system customers may receive a busy signal no more than three percent of the tillle, Normal operating conditions are those which are within th~ ¢onu~i of thc cable operator, These conditions include special promotkms and normal systinri maintenance and up/Irad~s, but do not i/x:iude natural dizasIers, civil disturbances, power ou~al~es, ~elcphone ~twork outal~es and severe or unusual weather conditions. The operator is not required to use special equipmeni to measure telephoto answeri~ and hold time, according To u'le federal standards. However, if complaints indicate that a cable system is failing to comply with these sumdards, the local franchising authority may require it tO acquire equipment or to conduct surveys to measure compliance. Otherwise, cable systems must use their best efforts to document compliance. The standards rccommc-axl that each cable system's customer service center and bill laaymem locations be couveniently located and op~ at least during normal business hours. However. thc cable system may use an agent, such as a bank, to receive bill payments during and after normal business hours. Insr,~ll~tions= Outa~csand S.ervice Calls Smndard installations -- whi~ are those located up to i25 feet from the existing distribution system -- mus~ be performed within seven days after an order has been placed. Y..xcep! durinff co~xiitions beyond its control, u'~ cable operator must be{in workiutl on a service interruption no later ~han 24 hours after being notified of the problem. A sm-vice interruption has occurred if picture or sound on one or more channels bas beeri lost. The cable operator must begin Io correct other service problems the next business day after learning of them. Under the federal guidelines, cable operators may schedule appointments for installations and other service calls either at :~ specific time or, at a maximum, during a four-hour time block during norma] business hours. Cable opcrrators may also schedule service calls outsldc of normal busir~ss hours for the conveni~ra-e of the customer, A cable operator may not cancel an appointment with a customer afar the close of business on the business day prior to the scheduled appoimment. If the cable installer or technician is running late and will not meet thc specified appoiutmcn! time, he or she must contact the customer and rcschedule tl~ appointment at the convenience of the ~bscriber. However, this la,er contact will not excuse the missed appoinunent. Thc fexleral standards coricemin2 installations, outages and service calls must be met under normal operating cor, difious a~ least 95 percent of the time, measured quarterly. Billing_ Practices Thirty days advance notice (in writing and through announcements on the cable system) mu,si be $iveu to subscribers of any changes in rates, prulzrsmmiul~ services or channel positi~, if the change is within the control of the cable operator, The guidelhie$ require cable system bills to be clear, concise arid tt~tersmndable, wi~ full itmmization of services and charges. The bill should indicate charges for basic and premium service, any equipmem charges, and a smnmazy of all activity during the billing period, including optional charges, rebates and credits. Cable operators should respond to wr~ c~nplaints about billini ~tters within 30 days. SEBASTIAN HOME OF PELICAN ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE: (561) 589-5330 · FAX (561) 589-5570 Ordinance O-01-15 CITY OF SEBASTIAN RECREATIONAL IMPACT FEE WORKSHEET Note: Per the Housing Element data survey of the Comprehensive Plan for the City of Sebastian, each dwelling unit averages 2. 52 residents. All Levels of Service (LOS) set in Recreational Element of Plan. Facility Neighborhood Park Community Park TOTAL PARK LANDS LOS 2 ac. per 1000 2 ac. per 1000 Total Cost $15,000 per acre $50,000 per acre ACTIVE FACILITIES Facility LOS Tennis Courts 1 per 2,000 Racketball/Handball 1 per 10,000 Basketball Courts 1 per 5,000 Softball/Baseball Fields 1 per 3,000 Community Pool 1 per 8,700 Golf Courses 9 holes/50,000 Boat Ramps 1 per 4,700 Football/Soccer Fields 1 per 4,000 Shuffleboard Courts 1 per 1,000 Playgrounds 1 per 7,500 Volleyball Courts 1 per 12,000 TOTAL Total Cost $40,000 each $62,500 each $16,400 each $225,000 each $550,000 each $1,2000,000 per9 $175,000 each $68,450 each $3,500 each $70,000 each ~7,000 each Unit Cost $75.60 $252.00 $327,60 Unit Cost $45.00 $15.75 $8.27 $189.00 $158.95 $60.48 $93.80 $43,12 $8.8o $23,52 $1.47 $648.16 TOTAL IMPACT PER RESIDENTIAL UNIT $975.76 "An Equal Opportunity Employer" Celebrating Our 75th Anniversary