The URL can be used to link to this page

Home My WebLink About1027199999.201 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 27, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA iTEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK Individuals will address th~ City Council with respect to agenda items immediate~ before deliberation of the item by the City Council - limit often minutesper speaker (R-99-2D 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Dr. Ronald Thomas, Sebastian United Methodist Church 4. ROLL CALL 5. AGENDA MODIFICATIONS {ADDITIONS AND_./0R DELETIONS) Items not on the written agenda may be added on~ upon a majority vote of City Council members (R-99-21) 6. PROCLAMATIONS, fiJ~INOId~CEMENTS AND/OR PRESENTATIONS A. Proclamation - Keep Indian River Beautiful County Sweep Day - 11/6/99 - Walter Barnes Accepting B. Proclamation - Designate Month of October 1999 as Domestic Violence Awareness Month - Justine Stien, President of GFWC Sebastian River Junior Women's Club Accepting C. Presentation by Indian River County Scrub Jay Habitat Conservation Plan - Airport Future Industrial Land Use (City Manager Memo 10/19/99, Keating Letter 10/7/99) ,207 99.143 99.204 8. 9. 10. 11. 12. 13. 14. 15. 16. Presentation by Pelican Island Elementary School - Information About Land Acquisition Project to Preserve Scrub Jay Habitat (Pelican Island Elementary School Letter Dated 10/22/99) CITY ATTORNEY MATTERS CITY MANA~;I~B MATrgl~ CITY CLERK MATTERS CITY COUNCIL MATTERS A. Mr. Majcher B. Mayor Neuberger C. Mr. Barczyk D. Mr. Barnes E. Mr. Bishop 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 Ci~ Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 10/13/99 Regular Meeting Bo Operation Hope/Freedom Christian Center Request Use of Community Center for Fundraiser - 11/20/99 - 7:30 p.m. to Midnight - Council Approval Required for Extended Use and to Charge Admission Fee - 300 Attendees - Police Security Required (City Clerk Transmittal 10/19/99, Application, R-98-43 Exeerp0 Co Resolution No. R.99-50, Vacation of Easement - Ingram - Lots 15 and 16, Block 26 Sebastian Highlands Unit 1 (Growth Management Transmittal 10/20/99, R-99-50, Application, Site Map, Staff Report, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 15 AND 16, BLOCK 26, SEBASTIAN HIGHLANDS; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. PUBLIC HEARING - None INTRODUCTION OF NEW BUS/j~E$$ 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 often minutes for each speaker COMMITTEE REPORTS/RECOMME~qD&T!ONS OLD BUSINESS BUSINESS 2 ,202 A. Authorize Expenditure For Purchase Of A New Truck - Building Department - $12,227.00 (Building Department Transmittal 10/19/99, Sheriffs Association & Florida Association of Counties-Contract//99-07-913) 99.203 B. Authorize Expenditure For Purchase Of A New Truck - Growth Management - $12,227.00 (Growth Management Transmittal 10/19/99, Sheriff's Association & Florida Association of Counties- Co~atract//99-07-0913) 99.205 C. Authorize Execution of Airport Lease Between City of Sebastian and A & B Leasing Ent.,Inc. d/b/a Velocity, Inc. To Commence on November 1, 1999 and End on 20th Anniversary of Such Date (City Mananger Transmittal 10/21/99, Airport Lease Between City of Sebastian and A & B Leasing Ent.,Inc. d/b/a Velocity, Inc.) 99.206 D. Authorize Expenditure For Purchase Of Seven (7) Computer Processors From Gateway Computers, Inc. - Police Department. $8,197.00 (Police Department Transmittal 10/21/99, Quote #41014016Florida) 17. ADJOURN (All meetings shall adjourn at l O:30 p.m. unless extended for up to one half hour by a majori(y vote of CRy Council) ANY PER~ON VeTtO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL VelTH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATiM RECORD OF THE PROCEEDINGS IS MADE, WftlCH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WttlCH THE APPEAL TO BE HEARD. (286.0105F. S.) COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMtffODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Mectin~: Regular Meeting - Wednesday, 11/3/99 - 7pm Regular Meeting - Wednesday, 1 IH 7/99 - 7pm Regular Meeting - Wednesday, 12/1/99 - 7pm Regular Meeting - Wednesday, 12/15/99 - 7 pm 3 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months OCTOBER 27, 1999 REGULAR MEETING USE THIS FORM ONLy FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA - LIMIT OF 10 MINUTES PER SPEAKER Name: _._Z&'~:: .................. .~_~_ ................................................................... Subject: SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 27, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Neuberger called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. invocation was given by Dr. Ronald Thomas, Sebastian United Methodist Church. ~OLL C.,A~L City Council Present: Mayor Chuck Neubcrgcr Mr. Joe Barczyk Mr. Walter Barnes Mr. Ben A. Bishop Mr. Edward J. Majcher, Jr. Staff Present; City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Katlu~ O'Halloran Chief of Police, Randy White Public Works Director, Terry Hill Building Director, George Bonacci Deputy City Clerk, Sally Maio egular City Council Meeting ctober 27, 1999 Page Two 99.207 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Item~ not on the written agenda may be added only upon a majority vote of CRy Council members (R.99.21) Mr. Barczyk requested that item D under Presentations be moved to item B. 1. (aPter second proclamation). City Council concurred. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS Proclamation - Keep Indian River Beautiful County Sweep Dp.v -.ll[6/~9 - Wlt]t~' Dpxnes Accepting Mayor Neuberger read and presented the proclamation to Walter Barnes. Mr. Barnes challenged citizens of Sebastian to participate, and announced that the local cleanup will begin from Riverview Park on Saturday, November 6, 1999. Fellsmere Councilmember Joel Tyson noted there is a $1000 cash reward to the municipality that cleans up the most refuse, and stressed the importance of educating the public. Proclamation - Designate Month of October 1999 t~.DOr~tie Violence Awareness Month - JustJr~ Stien, President of GFWC Sebastian River Junior Women's Club Accepting Mayor Neuberger read and presented the proclamation to De Richtarck, President GFWC Sebastian Women's Club. B. 1. (D.)Presentation by Pelican Island Elementary School - Information About Land Acquisition Project to Preserve Scrub Jay Habitat (Pelican Island Elementary School Letter Dated I0/22/9~ Bonnie Swanson, Principal of Pelican Island Elementary School, thanked the City Manager for his visit to the school, introduced and recognized ECO Troop student members, parents, teachers and advisors, and noted that the Indian River County Commission had given its support for the plan to acquire additional land to increase and preserve additional scrub jay habitat adjacent to the school. She stated that the Nature Trail had been named in honor of Aloa Lorton. The following individuals addressed city council on the ECO Troop's plan to acquire additional property for the nature trail: Stephanie Holdridge, President of ECO Troop (student) Kevin Christman, Land Management (student) Nicole Campbell, ECO Troop secretary (student) Bryer ???, (student) Richard and Richelle Henf, parent and student (Richelle originated the idea) Terry Baird, ECO Troop Senior Sponsor (teacher) Barbara & Rachel Anner, parent and student 2 t)egular City Council Meeting ctober 27, 1999 Page Three Mayor Neuberger reported that he had presented this item to the Land Acquisition Committee, and requested a meeting with the ECO Troop to work out a proposal to take hack to LAC for funding. Mayor Neuberger called a recess from 7:43 p.m. to 7:49 p.m. All members were present when the meeting rec, onvened. 99.201 C. presentation by Indian River Collllty Scrtll~ JaY i-I0b[tat ~9~¢rvatioll Phllk- Airgo/l Future Industrial Land Use (Ci~ Manager M~ll~O 10/19/29, Keatirtg ~tt~r 19/7/99) Roland DeBlois, Chief of Indian River County Environmental Planning, recognized environmental consultant Lisa Smith of Smith Environmental Services, Mike Jennings of U.S. Fish and Wildlife Service, and Indian River County Community Development Director, Robert Keating; and presented an update on the Scrub Jay Habitat Conservation Plan as it relates to the City of Sebastian. TAPE I - SIDE II (7:55 p.m.) Following his presentation, Mr. DeBlois requested consensus of Council to proceed with the proposed plan (see bullet summary of plan attached). The City Manager said if Council gives its consensus, he will proceed with the City Attorney to work out an agreement with Indian River County. Mr. Majcher suggested a joint effort with Indian River County to pave Gibson Street. City Council concurred. 7. ~TY ATTORNEY MATTERS Said if there is no objection he will draft an ordinance relative to controlled burns and bring it to the next meeting Advised that he will provide Council with draft lot cleating language Reported that he had been advised that the Attorney Generals office is working on his request for an opinion regarding real estate licensing Said there has been no appeal on the Fischer case Reported that surveys are in and a bid package is prepared for the surplus cemetery property 8. CITY MANAGER MATTERS Reported on Indian River County Commission approval for an intedocal agreement for funding for the Good Guys property purchase, and which he will bring to the next council meeting Discussed holiday lighting along Indian River Drive, reporting that the County Commission approved $5000 for 4th of July which can be used for the holiday lighting. He said he will come back with logistics. Discussed the FEMA process for financial assistance in light of citizen perceptions that these storms present an opportunity to collect for previously damaged property, explaining the review process that FEMA uses 3 pRsgular City Council Meeting ctober 27, 1999 ge Four Several Councilmembers expressed concern for using funding set aside for fireworks. 9. CITY CLERK MATTERS None. 10. CITY COUNCIL MATTERS Mr. Maj~her Discussed calls he received since Hurricane Irene regarding Florida Power and Light maintenance problems Mayor Neuberger Concurred that with the minor weather conditions with Irene, people should not have been without power for as long as they were. Inquired about the City's Tree City status and the City Manager responded staffhas resubmitted an application TAPE II - SIDE I (8:43 p.m.) Expressed concern that no drainage work had been done in conjunction with the paving program as was reported in the newspaper. He questioned whether staff was inspecting the work. The City Manager said he would bring back periodic updates. Mr. Barcz~k Expressed concern for prolonged power outages, noting there was no storm coverage on Hurricane Irene on cable, or radio; and said hc had talked to Nate McCollurn, who said in the future there will be am and fin rMio station coverage Reported on the Council of Public Officials meeting report relative to redistricting of Indian River County for clecfious and schools, noting it there was a consensus to remain status quo until thc 2000 census is completed; and recommcnded writing a lcttcr to FPL regarding clearing trees in easements to prevent future power outages Mr. Bame~ Discussed power outage problems and lack of information from FPL Discussed the Kautzman presentation at the last meeting regarding through trucks on city streets and suggested putting the item on the next agenda for discussion. Council concurred. Discussed a previous council request for an ordinance regarding builder responsibility for damage to city streets and suggested an ordinance be drafted. It was the consensus of Council to have the Attorney to look into. Mr. Bishop discussed dirt on roads and Mr. Barczyk discussed requiring builders to clean up property during construction. The Building Director addressed Council. Expressed concern for a Press Journal article which misquoted his words regarding the Riveffront 4 Regular City Council Meeting ctober 27, 1999 age Five Mr~ Bishol~ Agreed with Mr. Barnes' concerns about misinformation by the Press Journal. 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 con,vent al~mda items unle~ a member of Cio~ Council so requests; in which event the item will be removed and acted upon separate~. A. Approval of Minutes - 10/13/99 Regular Meeting 99.143 Operation Hope/Freedom Christian Center Request Use of Community Center for Fundraiser - 11/20/99 - 7:30 p.m. to Midmght - Council Approval Required for Extended Use and to Charge Admission Fee ~ 300 Attendees - Police Security Required (City Clerk Transmittal 10/19/99, Application, R-98-43 Excerp0 99.204 Resolution No. R-99-50 - Vacation of Easement - Ingram - Lots 15 and 16, Block 26 Sebastian Highlands Unit 1 (Growth Management Transmittal 10/20/99, R-99-50, Application, Site Map, Staff Report, Utility Letters) ARE, SO~ON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATiNO CERTAIN EASEMENTS OVER LOTS 15 AND 16, BLOCK 26, SEBASTIAN HIGHLANDS; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. The City Manager read the consent agenda and the City Attorney read Resolution No. R-99-50 by title. MOTION by Barnes/Majcher "i'11 make a motion to approve the consent agenda items A, B and C." ROLL CALL: Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye MOTION CARRIED 5-0 12. PUBLIC HEARING - None 13. INTRODUCTION OF NEW BUSINESS FROM Tlzll~ ]~UBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Byron Elsebough, Persian Lane, Sebastian, referred to a petition containing over 90 signatures objecting to the proposed skateboard park in the area of Persian and Fairfield Lanes and requested that Council seek another location. 5 Regular City Council Meeting October 27, 1999 Six Joe Balough, Sebastian, objected to the proposed skateboard park location. Leola Va_rick, Sebastian, Periwinkle and Concha, Sebastian, objected to thc proposed location of thc skateboard park and suggested it be placed in a more public area for better monitoring. Barbara Picard, Croquet Lane, Sebastian, said surrounding residents should have been informed. Paul Campbell, Fulton Way, Sebastian, discussed drainage problems north of CR 512, between Barber Street and Roseland Road since the widening of CR 512 and creation of the Wentworth Ditch. TAPE II - SIDE Il (9:28 p.m.) Icelyn McLean Gray, Fulton Way, Sebastian, appealed to Council to have someone correct the drainage in the blocked ditch to the rear of her property. Sal Neglia, Sebastian, objected to signs posted throughout the city advertising the Craft Show last weekend. Kay O'Halloran, Sebastian, objected to any idea of getting rid of the six old grouches sign, and offered a $25 reward for return of the sign previously located on CR 512. Inez Fielding, Blossom Drive, Sebastian, requested someone do something about the blocked drain adjacent to her home. 14. COMMITTEI~ REPORTS/RECOMMENDATIONS 15. OLD BUSINES~ - None 16. NEW BU~I~II~S$ 99.202 Authorize Expenditure For Purchase Of A N~w Truck - Building Department - $12,227.00 (Building Department Transmittal 10/19./99, Sheriffs Association & Florida Association of ~ounties-Contract #99-07-913) MOTION by Bishop/Barnes "I would move to approve agenda item 99.202." ROLLCALL: Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye MOTION CARRIED 5-0 6 )egular City Council Meeting ctobcr 27, 1999 Page Seven 99.203 B. 99.205 C. Authorize Expct~diture For Purchase Of A New Truck - Growth Management - $12,227.00 (Growth Management Transmittal 10/19/99, Sheriff's Association & Florida Ass~iation of Counties- ~2ontract #99-07-0913) MOTION by Bishop/Barczyk "I would move to approve agenda item 99.203." ROLL CALL: Mr. Barnes - aye Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye MOTION CARRIED 5-0 Authorize Execution of Airpoa Lease Between City of Sebastian and A & B Leasing Ent.,Inc. d/b/a Velocity, Inc. To Commence on November 1, 1999 and End on 20th Armiversaty of Such Date (City Manager Tran~wittal 10/21/99, Airport Lease BetweenCity of Sebastian an~:l A & B L~asing [~nt,,Inc. d/b/a Velocity, Inc.) The City Attorney explained minor revisions to the lease agreement (see amended paragraph 3 attached). It was noted that current tenants could come back for modifications if the proposed lease term charter amendment passed. MOTION by Bishop/Barnes "I would move to approve agenda item 99.205 as amended." ROLL CALL: Mr. Bishop - aye Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye MOTION CARRIED 5-0 7 egular City Council Meeting ctober 27, 1999 Page Eight 99.206 D. 17. AtllJlglSz~ l~xpenditure For Purchase Of Seven (7) Computer Processors From Gateway Computers, ]tlC, - Police Department - $8,197.00 (Police Depaxlment Transmittal [ 0,./21/~[}. Quote #41014016 Florida) A brief discussion took place on the need for certain components included with the system. Chief White responded to questions fi.om Council. MOTION by Bishop/Barnes "I would move to approve agenda item 99.206." ROLL CALL: Mr. Majcher - aye Mayor Neuberger - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 Being no further business, Mayor Neuberger adjourned the Regular Meeting at 10:10 p.m. Approved ~ the ~7~aax~,-,--Ka~ City Clerk ,1999, Regular City Council Meeting. Sebastian Area-Wide Scrub-Jay Habitat Conservation Plan Bullet Summary Main Comoonents of the HCP Implementation of the HCP will release for development 317 platted lots (-79.3 acres) in the Sebastian Highlands currently occupied by scrub-jays. The plan will also release all -14,000 platted lots in the Sebastian Highlands (and airport property not conserved under the plan or previously) from any potential future constraints that may otherwise occur if displaced scrub-jays move to other lots or airport property not currently occupied by scrub-jays. To off-set the destruction of occupied scrub-jay habitat that will result from the incidental take permit issued in conjunction with the HCP, the following "compensation areas" on public lands (-324 acres) will be conserved, restored, and managed in perpetuity: -280 acres of scrub on lands acquired by the County under the county environmental lands program (the North Sebastian Conservation Area, the Wabasso Scrub Conservation Area, and the Sebastian Highlands Conservation Area) -32 acres of occupied scrub-jay habitat on the Sebastian Airport property, plus a 100 foot wide "dispersal corridor" buffer along the southwestern edge of - 90 acres of industrial land on the airport property (that will remain unrestricted for future industrial development). ~12 acres of occupied scrub-jay habitat on the Pelican Island Elementary School campus currently used and managed for outdoor environmental education programs. Restoration and management of the compensation areas of scrub to be conserved consists of two main activities: removal of mature trees (by a timber company to be contracted by the County), and incremental prescribed burns. City of Sebastian Particioation City establishment of a conservation easement and allowance of management, in perpetuity, of ~32 acres of occupied scrub-jay habitat in the northwest quadrant of the Sebastian Municipal Airport property. In addition, a 100 foot wide "dispersal corridor" buffer strip is to be conserved and managed along the southwestern edge of ~ 90 acres of industrial land on the airport property (that will remain unrestricted for future industrial development). City conservation and management of an existing hedgerow between the nmnicipal golf course and the northeast-southwest runway, by keeping said vegetation low (5. six feet high) and open to allow for scrub-jay dispersal. City allowance, for interim management purposes, of timber removal and prescribed burning of the entire -94 acre industrial land area on the airport property prior to City establishment of an industrial park on said acreage. City allowance, via amendment or interpretation of current ordinance restrictions, of prescribed burning of lands identified under the HCP for ecological management purposes. City abandonment of plans to extend Gibson Street (130th Street) through the North Sebastian Conservation Area. W:usersXroland~hcpjayXcityltr