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Home My WebLink About09262001HOME OF PELICAN ISLAND 2. 3. 4. SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 26, 200t - 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. Father Morrissey of St. Sebastian Catholic Church gave the invocation. 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 Engineering Construction Inspector, Robert Petersen Finance Director, Mark Mason Growth Management Director, Tracy Hass Regular City Council Meeting September 26, 2001 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wd~len agenda may be added only upon a majodty vote of City Council members (R-gg-21) None. 6. PROCLAM..ATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 01.225 Recognition of Mar.qe Poole f0r..Qbtainin.q the Green Cross for Safety Presented to the City of Sebas....t.[an for Participating as a Member of the Sunshine Chapter, National Safety Council, Florida Treasure Coast Division For the Year 2000 Mayor Barnes recognized Marge Poole, Human Resources, and all members of the City of Sebastian Safety Committee for obtaining the Green Cross for Safety Award. 01.125 Presentation by Representatives from A T & T Broadband Regarding.Cable Operations in the City of Sebastian Bob Stevens, Director of Technical Operations and Larry Johnson, Technical Supervisor, gave a brief update on AT & T Broadband operations in Sebastian, asked the people of Sebastian to give them a chance to fix the small problems that exist, and encouraged residents to call. 01.057 Sebastian Stormwater Passive Park Presentati.0..n bv St. Johns River Water Mana,qement District - Ralph Brown Ralph Brown, Property Manager, St. Johns River Water Management District, exhibited the proposed stormwater passive park plan and explained the functions of the ponds, wetlands, and dry ponds for stormwater treatment for 1400 acres of drainage area. Mr. Brown said once completed, the property will be turned over to the City of Sebastian for maintenance. Mr. Hill recommended bicycle trails. Mayor Barnes asked how noisy the pump house will be. Mr. Brown said the pump will be electric and will be installed in a concrete building to buffer the noise. Alita Hirchfeld, asked what will be the effect on the Elkcam and Collier waterways. Mr. Brown said the canals will not be dried up, explained the pumping process to her, and said the lakes will be filled by groundwater. He said levels are set as they are in the Elkcam to prevent flooding. 7. CITY ATTORNEY MATTERS 01.215 Chamber of. Commerce Property - Authorize City Mana.qer to Exec.ute Property and Lease ARreements (City. Attorney Transmittal 9/20/01.,A,qreement, Lease,....Map) The City Attorney briefly described the outcome of two years of review of the first Chamber of Commerce site. He recommended the Chamber deed the northeast corner property to the City to clear up the title, the City would then lease the property back to Regular City Council Meeting September 26, 2001 Page Three them for twenty five years and require them to commit to building a new facility on the property within five years and pull permits within one year of that time, and would then give an additional 50 years lease on whole site. Beth Mitchell, Sebastian River Area Chamber of Commerce, exhibited a rendering of the project. Mr. Majcher expressed concern for the fact that if the Chamber chooses to do nothing within the five years, the building will remain in its current condition for twenty five years. Mr. Hill said this agreement looks fair for both sides, but expressed some concern for the current building lasting the twenty five year time frame. Mayor Barnes asked what the small building is used for. Ms. Perez said the building is used for conferences, meetings, storage and is used by other organizations. Mr. Bishop agreed with the plan 110%. Mr. Barczyk asked what happens to the Museum. The City Attorney said this language is in the agreement. Carolyn Corum asked what would happen to the Historical Society and was assured they have been considered. Their current lease does not expire until 2007. MOTION by Majcher/Barczyk "1 would like to move that we have a counter proposal or have Rich Stringer revise this so that there is no questions at all about the terms of this agreement and the fact that the Chamber would have I would think 7 years would be enough time to bring it up to land development code and if nothing is done by that time, the property reverts fully back to the City." The City Attorney clarified if they did not exercise their option within 5 years, then within 2 years they would have to renovate to meet riverfront district requirements. Mr. Hill clarified if the Chamber decides not to build a new building then the existing building will be brought up riverfront standards within the next 7 years. The City Attorney affirmed this and that the Chamber would have 16 more years in the building they are currently using. The City Attorney revised the language as follows - circle page 8 top paragraph - Article II, at end of first paragraph, after unchanged, "except Chamber/lessee shall renovate the facade and roof to meet aesthetic requirements of riverfront district under will the land development code within seven years of the date of this lease." Ms. Perez said she would have to bring this language back to the Board of Directors. Mr. Majcher suggested it come back to Council after the Chamber Board. Mayor Barnes suggested changing the motion to "table until the City Attorney and Chamber authorize the amended contract." Regular City Council Meeting September 26, 2001 Page Four MOTION by Hill/Bishop "So moved." ROLL CALL: Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill - aye - aye - aye - aye - aye MOTION CARRIED 5-0 8. CITY MANAGER MATTERS 01.219 Ao Authorize Contract Award to George E. French, Utility Contractor in the Amount of ~;16,930.50 for Yacht Club Restroom Hookup to County Wastewater Force Main (Eng~ Transmittal 9/7/01, Letter from IRC, Contractor Quotes) Bob Petersen, Engineering Construction Inspector, explained the bid process and fee structure, and cited Mr. French's experience in Indian River County. MOTION by Barczyk/Majcher "1 move to approve the hiring of George E. French - Utility Contractor to install the wastewater connection for the Yacht Club, and to appropriate $12,834.50 for construction, hook up fee, and pro rata share cost to permit this hook up." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 01.188 B. FEMA'S Position on Canal Management.(FEMA's Document~ The City Manager had previously distributed additional information (see attached). The Growth Management Director reported on the city community rating system process which must be updated every five years. He advised that the city's current rate is 9, on a scale of 1-10 with 10 being the worst rating, due to vegetation overgrowth in the canals. He explained the man-made canal system and noted the National Flood Insurance Program requires removal of as much vegetation from canals as possible. He then responded to questions from Council regarding whether or not the canal policy should be adopted, noting that they do not want any vegetation in the canal right-of-way, and that the city lost points by not maintaining the removal of vegetation from the canals over the last several years. Mr. Majcher recommended sediment developing around culvert pipes be removed. Regular City Council Meeting September 26, 2001 Page Five 01.127 C. = 01.185 10. Approve Tallahassee Travel for City Manager and a Council Member (City Manager Transmittal 9/18/01) The City Manager explained the need to travel again to Tallahassee on October 7 and 8, 2001. Mr. Hill volunteered to go with the City Manager. MOTION by MajcheflBarczyk "Move to approve the City Manager and Council Member to travel to Tallahassee, Florida on Sunday, October 7, 2001 through Monday, October 8, 2001 for the City presentation concerning the 2002 Special Category Historic Grant request with Councilman Hill." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 CITY CLERK MATTERS City Council Attendance at Indian River County Commission Meetings (City Clerk Transmittal 9/19/01 ) It was the consensus of Council that it wanted to receive packets other than regular meeting packets only if it involves Sebastian. CiTY COUNCIL MATTERS A. Mr. Bishop Mr. Bishop reported on the last Indian River County Commission meeting relative to the water assessment. The assessment was based on the engineer cost at $2.9 million and the bids came in at $2.1 million which is a substantial savings so the assessment should be lower than originally anticipated, B. Mr. Barczyk Mr. Barczyk reported on the Council of Public Officials redistricting meeting and explained each proposal which he had requested be copied to Council. He announced an Indian River County public workshop on October 16th and an October 23~ Regular Indian River County Commission meeting on this issue, and noted there are copies of the proposals in the City Clerks office for review by the public. Regular City Council Meeting September 26, 2001 Page Six C. Mr. Hill Mr. Hill requested the status of the monitoring wells to repeal the water restrictions. In response to Mr. Hill, the City Manager said the City is working with St. Johns on installation of monitoring wells and he will have an update for Council in the near future. D. Mr. Majcher None. E. Mayor Barnes Mayor Barnes reported on a conversation with Commissioner Ginn, whereby she had requested time to notify neighboring municipalities of the County's intent in regard to recreational issues before the City sends a letter requesting their intent. 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 the 9/6/01 City Council Special Meeting Minutes B. Approval of the 9/12/01 Regular Council Meeting Minutes 01.216 Approve the Reservation of Riverview Park for the Craft Club of Sebastian on October 6, 2001, November 3, 2001, December 1 & 2, 2001, January 5, 2002, February 2, 2002, March 2, 2002, April 6, 2002 and May 2002 (Parks Transmittal 9/18/01) 01.217 Resolution No. R-01-68, Vacation of Easement-High Tree Plaza Lots 5 thru 10, Block 185, Sebastian Highlands Unit 8 (GMD Transmittal 9/18/01, R-01-68, Application, Site Map, Staff Report, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 5, 6, 7, 8 AND 9, BLOCK 185, SEBASTIAN HIGHLANDS UNIT 8; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 01.218 Resolution No. R-01-69, Vacation of Easement-Conner Lots 18 & 19, Block 59, Sebastian Highlands Unit 2 (GMD Transmittal 9/18/01, R-01-69, Application, Site Map, Staff Report, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 18 AND 19, BLOCK 59, SEBASTIAN HIGHLANDS UNIT 2; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 01.220 Authorize the City Manager to Execute an Agreement Between the City and Florida League of Cities for Workers' Comp Insurance and Coregis Insurance Division for Property, Casualty and Liability Coverage (Finance Transmittal 9/20/01 Gehring Group Property Casualty & Liability Proposal Analysis, Gehring Group Workers' Comp Proposal Analysis) Regular City Council Meeting September 26, 2001 Page Seven 01.182 G. Adopt Resolution No. R-01-66 Authorizing the City Manager to Apply for a Florida Recreation Development Assistance Program Grant from the State of Florida Department of Environmental Protection (City Manager Transmittal 9/17/01, R-01-66) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE, The City Attorney read titles for R-01-68, R-01-69, and R-01-66. MOTION by Hill/Majcher "1 move approval of consent agenda items A-G." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 4-0 Mayor Barnes called recess at 8:40 p.m. and reconvened the meeting at 8:52 p.m. All members were present. 12. PUBLIC HEARING 01.112 Resolution No. R-01~63 Adoption of Milla,qe Rate for Calendar Year 2001 (Finance Transmittal 9/17/01, R-01-63, Copy of DR420 Certification of Taxable Value) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 4,5904 MILLS FOR THE CALENDAR YEAR 2001 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1,2001 AND ENDING SEPTEMBER 30, 2002; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE, Mayor Barnes opened the public hearing at 8:53 p.m. and the City Attorney read Resolution No. R-01-63 by title. The Finance Director briefly explained the proposed millage rate. Being no input, Mayor Barnes closed the hearing. MOTION by Bishop/Barczyk "Move to adopt Resolution R-01-63 establishing the millage tax rate of 4.5904 mills for calendar year 2001 ." Regular City Council Meeting September 26, 2001 Page Eight ROLL CALL: Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes - aye - aye - aye - aye - aye MOTION CARRIED 5-0 01.112 B. Resolution No. R-01-64 Adoption of....a.......Bud.qet for Fiscal Year 2001/2002 (Finance Transmittal 9/17/01, R-01.-64 and Schedule "A") A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AND AIRPORT FUND AS PROVIDED FOR IN SCHEDULE "A', A'I-rACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at 8:55 p.m. and the City Attorney read Resolution No. R-01-64 by title. The Finance Director briefly reviewed the proposed budget. Being no input, Mayor Barnes closed the hearing. MOTION by Majcher/Hill "Move to adopt Resolution R-01-64." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 01.057 C. Public Hearing and Second Reading Ordinance No. O-01-16 Establishing Stormwater Utility (City Attorney Trans...mittal, O-01-16) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 102 TO CREATE ARTICLE V SEBASTIAN STORMWATER UTILITY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. The City Attorney read Ordinance No. O-01-18 by title and Mayor Barnes opened the public hearing at 8:57 p.m. Regular City Council Meeting September 26, 2001 Page Nine The City Attorney explained the stormwater utility assessment process. Baxter Coston, Sebastian, asked how the money will be spent referencing the stormwater park. The City Manager said 80% of the funds will be utilized for the Stormwater Master Plan and noted the stormwater park is only one element of the plan. Ray Coniglio, asked if commercial property owners will still have to provide for on-site retention and the City Attorney advised they would. Alita Hirshfeld asked if the City would own the stormwater park and the City Attorney said the City would retain the park and deed it out with restrictions. Another alternative might be the District retaining ownership but giving us rights for recreational purposes. Mayor Barnes closed the hearing at 9:15 p.m. MOTION by Hill/Majcher "1 would move to adopt Ordinance O-01-16 as amended as one of the greatest things we've done this year." The City Attorney clarified this motion includes the author's amendments added since the first reading. (See amended page attached*) ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 Mayor Barnes pointed out a scrivener's error in the last sentence in item 5. 01.201 Public Hearing and Second Readin..q Ordinance No. O-01-20, Amendi. n(3 City Code Section 34-2 Chapter 34, Article I In General- Cemetery Trust Fu....nd (Finance Transmittal 9/14/0..!., AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 34-2 CHAPTER 34 ARTICLE I IN GENERAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, The City Attorney read Ordinance No. O-01-20 by title and Mayor Barnes opened the public hearing at 9:16 p.m. The Finance Director reported with the implementation of a new financial statement reporting model, the GASB 34, part of the model requires the City to establish the trust fund as a permanent endowment. Establishment of this endowment will earn funds for the maintenance of the cemetery. Being no input, Mayor Barnes closed the hearing. Regular City Council Meeting September 26, 2001 Page Ten MOTION by Barczyk/Bishop "Move to adopt Ordinance O-01-20." ROLL CALL: Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher - aye - aye - aye - aye - aye MOTION CARRIED 5-0 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 Tut Connelly, Sebastian, on behalf of Sal Neglia, submitted a petition regarding the renaming of Fellsmere Road to Sebastian Boulevard. 14. COMMITTEE REPORTS/RECOMMENDATIONS A. CONSTRUCTION BOARD 01.008 IQ.terview. Unless Waived~ and Appoint Applicants to Two of Four Available Positions (City Clerk Transmittal 9/20./01, Applications, Board Member List, Advertisement) 9:21 p.m. Tape II, Side I MOTION by Barczyk/Majcher "1 like to move Chuck Neuberger for the permanent position electrical contractor since it is his business. And Louis Nicolini for the HARV contractor with terms to expire 9/30/04." ROLL CALL: Mr. Bishop - aye Mr, Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 15. OLD BUSINESS 01.172 A. Consjd.,er Request by Attorney Warren Dill to Reconsider Action Taken During 9/12/01 City Council Meeting Denial of 0-00-05 CLUP Amendment to Industrial (IN~ CNK, Inc. 14.85 Acres (Dill Letter) The City Attorney advised Council on the request for reconsideration of the prior action to deny. Stating a motion to reconsider can only be taken from someone on the prevailing side, and a new hearing would be rescheduled in a month. 10 Regular City Council Meeting September 26, 2001 Page Eleven MOTION by Barnes/Barczyk "1 make a motion to reconsider." ROLL CALL: Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop - aye - aye - nay - aye - nay MOTION CARRIED 3-2 The hearing will be scheduled for October 24, 2001. 16. NEW BUSINESS 01.190 Authorize the..Expenditure of $14,965 for the Installation, of Water Meters for the C. it¥ Hall Co .mplex, Including the Police Department and Annex (Finance Transmittal 9/17/01, water Hookup Quotes, Letter from Dan Chas. tain, Letter of Deposit Waiver from Customer Service) The City Manager explained how this expenditure will hook up the City's buildings with the water utility. MOTION by Majcher/Barczyk "Move to authorize the expenditure of $14,965 for the installation of water meters for the City Hall Complex, including the Police Department and Annex." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 01.201 Adopt Resolution No. R-01-67 Relating to Cemetery Rates (F nance .Transmittal 9/18/01, R-01.r67, R-93-17,..Analysis) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO CEMETERY RATES; ESTABLISHING NEW RATES FOR THE SALE OF IN-GROUND INTERMENT SITES AND NICHES IN THE MUNICIPAL CEMETERY; ESTABLISHING NEW RATES FOR OPENING/CLOSING FEES; DESCRIBING THE SERVICES PROVIDED; ESTABLISHING RATES FOR CREMATION INTERMENTS AND CORNER MARKERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-01-67 by title. The Finance Director briefly described the rate increase. Mayor Barnes cited a scrivener's error in the second paragraph of the transmittal summary, deleting the word "a". Regular City Council Meeting September 26, 2001 Page Twelve MOTION by Barczyk/Hill "Move to adopt Resolution R-01-67." ROLL CALL: Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher - aye - aye - aye - aye - aye MOTION CARRIED 5-0 00.173 Authorize Stormwater Management Monitoring Program Change Changer Order No. 2, No Cost Time Extension (City Manager Transmittal 9/14/01, Change Order No. 2 Development & Implementation of a Surface Water Draina,qe Management Plan) The City Manager explained the need for the time extension. MOTION by Bishop/Barczyk "Move to approve staff recommendation of agenda item number 00.173." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 4-0 01.221 Authorize City Manager to Execute Contract with Municipal Tax....Consulting for Recovery of Use Tax (Finance. Transmittal 9/19/,01, Letter of Agre..ement, Background Inform. ation) The Finance Director explained the recovery process and the 33% paid to the consultant from all recovered use taxes collected from the state, MOTION by Hill/Barczyk "Move to authorize the City Manager to enter into a contract with Municipal Tax Consulting & Management for the purpose of recovering use taxes paid by the City of Sebastian." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 ]2 Regular City Council Meeting September 26, 2001 Page Thirteen 01.060 E. Authorize Contract Award to Sebastian Towboat & Salvage, Inc. in the Amount of ~;22,500 for Derelict Boat Removal (GSA Transmittal 9/18/01, Adventure Environmental Letter Dated 9/13/01 ) The City Manager said the City had deferred to the second Iow bidder after discussions with Adventure Environmental; and noted this is grant funded. He said they will begin tomorrow if approved. MOTION by Bishop/Majcher "Move to award a contract to Sebastian Towboat and Salvage, Inc. in the amount of $22,500 for derelict vessel removal." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 01.222 F. Authorize Contract Award to Musc.o Sports Lighting in the Amount of $44,000 for New Lighting at Courts #5 & ~.6, Racquetball Courts and Basketball Court at Schumann Tennis Park (Parks Transmittal 9/19/01, Price C~uote) The Parks Superintendent addressed City Council on the poor condition of the existing lights, and cited Musco's local work experience. He explained there will be timers on the lights. MOTION by Majcher/Hill "Move to approve turnkey installation of lighting system for courts #5 & 6, racquetball courts and basketball courts at Schumann Park, Schumann Tennis Park for $44,000.00. Pricing from City of Jacksonville Bid #SC-0463-00." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 01.223 G. Vice Mayor Bishop.. Formal Announcement (No Backup) Vice Mayor Bishop announced his formal resignation from City Council effective immediately. All members expressed their admiration for Mr. Bishop and that they will miss him. ]3 Regular City Council Meeting September 26, 2001 Page Fourteen 01.224 H. City Council Consideration for Action Pursuant to Vice Mayor Bishop's Announcement (No Backup) Tut Connelly, announced that Mr. Neuberger planned to be at the this evening's meeting but a friend had passed away. The City Attorney advised Council that, upon vacancy, Council should take nominations and vote on each nomination individually. Mayor Barnes read a prepared statement relative to the selection of the replacement. He read the names of those who submitted letters as follows: Greg Conover, Sal Neglia, Carolyn Corum and Ray Coniglio. Mayor Barnes asked if there were any other interested parties. The City Clerk said, for the record, that she had been contacted by Chuck Neuberger who had asked to be added to the list, was advised there was not a list, but that he should either contact Council or submit a letter. Mr. Barczyk nominated Sal Neglia and stated his masons. Mr. Hill read a prepared statement. Mr. Majcher seconded Mr. Barczyk's motion. ROLL CALL: Mr. Hill -nay Mayor Barnes -nay Mr. Barczyk -aye Mr. Majcher -aye MOTION TIED 2-2 (No Vote) Mr. Hill then nominated Mr. Ray Coniglio to fill the position until the 2002 election and Mayor Barnes seconded his motion. Mayor Barnes -aye Mr. Barczyk -nay Mr. Majcher -aye Mr. Hill -aye MOTION CARRIED 3-1 ]4 Regular City Council Meeting September 26, 2001 Page Fifteen 17. Being no further items, Mayor Barnes adjourned the Regular Meeting at 10:00 p.m. Approved at the October 24th ,2001 Regular City Council Meeting. VValter Barnes Sally A. Maio,~MC City Clerk 15 * The underlined text was added to Ordinance No. 0-01-16 between the first reading and adoption date. is to be henceforth assessed annually to the owner of each parcel which is subject to the stormwater., fee. The assessment roll p,.[epared on electronic medium by Camp, Dresser & McKee, September 15, 2001, fr,_o.,m, records provided by the Property Appraiser of Indian River County, Florida, and.as modified annually hereafter, is hereby 'adolSied for this purpose. The period for which the fee is charged shall coincide with the City's fiscal year. (b) The City may utilize any bther method available under the law.to collect the stormwater utility fee provided herein, including · placement of a lien against' the subject property' and any real or. personal property of. .!.andowne. r effective as of October 1 of' each fiscal period and charged until the same has.been paid in full'i a. nd said lien'thereby created shall- be co-equal 'with the lien of all state, county, district and municipal taxes,' superior in dignity to all other liens, titles; and.claims, .until paid and shall be enforceable in accordance with all available provisions of law. Section 7. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-106 which shall read as follows: Sec. 102-106. Stormwater utility trust fund; use of funds.' (a) There shall be established a Sebastian Stormwater Utility Fund for the deposit of all fees collected pursuant to this Article. (b) The stormwater utility fund shall be used exclusively to provide funding for the stormwater management program. (c) No less than 80% of utility fees shall be used to 'fund capital improvement projects as delineated and programmed in the Stormwater Master Plan adopted by City Council. Section 8.. That the Code of Ordinance& City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-107 which shall read as follows: Sec. 102-107. Appeal of fee amount; procedure. (a) After having paid in full all utility fees invoiced against his' property, any property owner shall have the right to.appeal either the utility fee charged, or a credits.determination pursuant to Section 102-103(c), with respect to his property as follows: St. Johns River Water Management District's Flood Credit Assistance The National Flood Insurance Program's (NFIP) Community Rating System (CRS) was developed to provide an incentive for communities to do more than just regulate construction of new buildings in flood-prone areas. The objective of the CRS is to encourage, by the use of flood insurance premium adjustments, community and state activities beyond those required by the National Flood Insurance Program. The ultimate goal of the program is to reduce flood losses, facilitate accurate insurance rating, and promote awareness of flood insurance. SJRWMD plays a role primarily in reducing flood losses by protecting the natural and beneficial functions of floodplains. The CRS application manual states, "two types of natural and beneficial functions warrant protecting floodplains in their natural state: 1. Floodplains in their natural state have an important impact on flooding. Flood waters can spre;~d over a large area in floodplains that have not been encroached upon. This reduces the flood velocities and provides flood storage to reduce peak flows downstream. Natural floodplains reduce wind and wave impacts and their vegetation stabilizes soils during flooding. Floodplains in their natural state provide ancillary beneficial functions beyond flood reduction. Water quality is improved in areas where natural cover acts as a filter for runoff and over bank flows; sediment loads and impurities are also minimized. Natural floodplains moderate water temperature, reducing the possibility of adverse impacts on aquatic plants and animals. Floodplains can act as recharge areas for groundwater and reduce the frequency and duration of low flows of surface water. They provide habitat for diverse species of flora and fauna, some of which cannot live anywhere else. They are particularly important as breeding and feeding The SJRWMD Flood Credit Assistance Program will provide communities within SJRWMD appropriate data for "uniform minimum credits" for CRS activities that SJRWMD implements. These credits, combined with those awarded for community-specific activities can result in flood insurance premium reductions of up to 45%. The goal of SJRWMD is to provide documentation on as many credits as possible to local governments. 8 There are four main credit areas for which SJRWMD can directly participate at this time. The specific credit areas are as follows: Open Space Preservation This activity recognizes wetlands, beaches, and other critical areas preserved from development, even though their protection may not have been focused on floodplain protection. If an open space parcel has a deed restriction or other permanent legal attachment that prohibits buildings or fill from ever being placed on the land, it is given the designation "DR" and additional credit. Most SJRWMD-owned lands within the regulatory floodplain qualify for open space credit, provided there are no buildings on them within the regulatory floodplain. Enforcement of Stormwater Management Regulations SJRWM3D regulates the management and storage of surface waters, and stormwater discharge. Both permitting programs qualify local governments for CRS credit under stormwater management criteria for size of development that is regulated, design storms, water quality, and erosion and sedimentation control. Protection of Natural Floodplains through Acquisition. Credit is provided for acquiring, relocating, or otherwise cleating buildings out of the flood hazard area. Drainage System Maintenance Credit is provided for keeping the channels and retention basins under the jurisdiction of SJRWMD clear of debris in order to maintain their flood carrying and storage capacity. SJRWMD also provides indirect credit to local governments through public information projects that advise people of flood hazard, the availability of flood insurance, and/or flood protection methods. SJRWMD is also considering dissemination of publications on the local flood hazard, flood hazard mapping, flood warning systems, flood safety, floodplain development permit requirements, substantial improvement requirements, drainage system maintenance, and the natural and beneficial functions of the local floodplain. · Finally, SJRWMD produces a variety of maps and other engineering data through flood elevation and hydrology studies that it performs. This information is available to local governments and may be particularly useful for submissions to the Federal Emergency Management Agency for flood map amendments. Through all these initiatives, SJRWMD hopes to provide even greater assistance to local governments.in their endeavors to provide adequate flood protection. For more information on the flood credit assistance program, please contact your Intergovernmental Coordinator or Denis Frazel at (386) 659-1303. 9 HOME OF'PELICAN ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE(561)589-5537 · FAX(561)589-2566 TO: FROM: DATE: RE: Tracy Hass Director, Growth Management Jan King b~L' September 10, 2001 Canal Landscape Management Plan Today I spoke with Gabe Gambrill about the proposed canal landscape management plan for the City of Sebastian. As you know, Mr. Gambrill is with Insurance Services Office, Inc.and conducted our last audit of the National Flood Insurance Program (NFIP) Community Rating System (CRS.). The CRS is an incentive program that provides reductions in flood insurance premiums for residents in communities whose floodplain management measures exceed those required to participate in the NFIP. As Gabe explained to me, his job is to evaluate the City's performance in a number of areas, including drainage system maintenance. Specifically, he looks for vegetation and debris in and along the canals, which could impede the flow of water. If the vegetation is restricting the flow of water, or potentially could restrict the flow of water in flood conditions, then it must be cleared out. If the City allows such conditions to exist, we would not be maintaining our drainage system as we should. In the Community Rating System, maintenance of the drainage system is worth 300 points, which is 2/3 of a class rating. Each class rating equates to a 5% reduction in flood insurance premiums for the community. If you need any additional information, please let me know. HOME OF: PELICAN ISLRND 1:295 MAIN STREET SEBASTIAN, FLORIDA ;3:2958 TELEPHONE (561) 589-5490 FAX (561) S89-6209 MEMORANDUM DATE: September 11, 2001 TO: Terrence R. Moore, City Manager FROM: Tracy E. Hass, Director of Growt~anagemen~l'~" SUBJECT: Canal Landscape Management Plan Per your direction, Growth Management staff contacted the Insurance Services Office (ISO) and the Federal Emergency Management Agency (FEMA). Although we have yet to receive an official response from FEMA, we were successful in at least receiving verbal comments from Gabe Gambrill with ISO. Mr. Gambrill responded following his evaluation of the proposed Canal Landscape Management Plan. Following is a brief explanation of direction Mr. Gambrill gave staff during our CRS audit in August of 2000; and attached is a memo from Growth Management Manager, Jan King, concerning her recent conversation with Mr. Gambrill. Although the proposed plan incorporates many environmentally friendly preservation tactics, by not allowing removal of vegetation along the canals, and actually promoting new plantings, we run the risk of reducing our community's overall insurance rating, as issued by ISO. Doing so would then increase homeowners flood insurance rates. The CRS Coordinators Manual stipulates that human-made channels, such as our canal system, are designed to use less area to carry more stormwater. The canals are not intended to have trees and/or other vegetation growing in them. In human-made channels, too much vegetation is considered "debris." If an on-site inspection, as performed by ISO, reveals trees and other brush growing in and along the canal, ISO can require removal of said vegetation in order for the City to receive discount points for preserving stormwater capacity within the canals. Otherwise, the City will be penalized with higher rates for not properly maintaining the drainage canal system. In summary, if vegetation is allowed to flourish, or is planted along the banks of our drainage canal system, ISO will lower our community rating, which in turn will raise the cost of homeowner's flood insurance. Attachment