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HomeMy WebLinkAbout11142001HOME OF PEUCAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 14, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Rev. Ellie Lea, First Presbyterian Church ROLL CALL City Council Present: Mayor Walter Barnes Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Mr. Ray Coniglio Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski City Engineer, Ralph Brescia Finance Director, Mark Mason Growth Management Director, Tracy Hass Police Chief, James Davis Public Works Director, Terry Hill General Services Director, Paul Wagner Regular City Council Meeting November 14, 2001 Page Two 5. AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) Mr. Barczyk requested to move New Business items E and F to A and B. There were no objections. 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 01.254 A. Certificate of Achievement for Excellence in Financi~! ...R..eportin,q Presented to the City Mayor Barnes presented the Certificate of Achievement for Excellence in Financial Reporting to Finance Director, Mark Mason. 01.255 B. Employee of the Quarter - Tim Walker Mayor Barnes read and presented a plaque and bond notification to Employee of the Quarter, Tim Walker. 01.256 C. America Recycles Day Proclamation - Ruth Davies accepting f0r. Ke~l~ Indian River Beautiful Mayor Barnes read and presented the proclamation to Ruth Davies and Carolyn Corum, who represented Keep Indian River Beautiful. They noted that there was a recycled products exhibit by local students on display at the Indian River Mall. 01.071 D. Certificate of Appreciation to Joel Alan Kea - Code Enforcemenl; Bo~.r.._d.. Mayor Barnes read the certificate, however, Mr. Kea was not in attendance. 01.071 E. Certificate of Appreciation to Peter Cavallo - Code Enforcement Board Mayor Barnes noted that Mr. Cavallo was also not in attendance. 01.009 F. Certificate of AI313reciation to Kelly Mather - Plannin.cl & Z(~...nin.cl Commission Mayor Barnes read the certificate and presented it to Kelly Mather. 01.248 G. Certificate of AI313reciation to Marilvn Waldis - Police Retirement Board of Trustees Mayor Barnes read the certificate, however, Ms, Waldis was not in attendance. 01.248 H. Certificate of Appreciation to Kathleen Brauer - Police Retirement Board of Trustees Mayor Barnes read the certificate, Ms. Brauer was not in attendance. Regular City Council Meeting November 14, 2001 Page Three 01.173 Certificate of Appreciation to Nancy Diamond - Indian River Countv Parks and Recreation Committee Mayor Barnes read the certificate and presented it to Nancy Diamond. 7. CITY ATTORNEY MATTERS The City Attorney distributed pamphlets on a Total Maximum Daily Loads stormwater seminar in February in Kissimmee; updated Council on the stormwater credits which will be sent out in the next few days; next meeting he will have language for boats in driveways; noted that today is the deadline for the judge to make a decision on the local option gas tax; and requested approval to file an appeal to the Administrative Hearing Department relative to a plumbing certification on behalf of Rich Schofield. City Council concurred with this request. 8. CITY MANAGER MATTERS The City Manager read from a memo from the County Attorney relative to his recommendation to the County Commission regarding the proposed change of name for Fellsmere Road (see attached). He then noted this item will be on the November 28, 2001 meeting for action by Council in the form of a resolution, at which time it will be passed along to the County Commission. 01.093 A. Update Relative to Parking Issues at the Barber Street SPOrtS Complex The City Manager gave a brief videotape presentation relative to the parking issue at Barber Street Sports Complex during heavy use by sports organizations, recommended making the roads surrounding the sports complex one-way during game days from 8:00 a.m. to 5:00 p.m. which will be approximately five Saturdays a year and will utilize four officers to set up. The Police Chief and City Engineer responded to questions from City Council. Mr. Hill requested a more permanent solution for Fairfield Lane. 01.057 Customer Service Orientation - Ditch and Swale Maintenance and Management .Program The City Manager and Public Works Director explained processes being coordinated relative to ditch and swale maintenance by the Public Works Department. 9. CITY CLERK MATTERS None. 10. CITY COUNCIL MATrER~ A. Mr. Hill None. 3 Regular City Council Meeting November 14, 2001 Page Four B. 01.173 Mr. Coni.qlio Reported on the Economic Development Commission meeting regarding a proposed Florida Atlantic University four year degree program available at Indian River Community College Campus. Mayor Barnes Appoint Liaison to Indian River County Parks and Recreation Committee (IRC Resolution NO. 94-64) Suggested the City Clerk contact one of the applicants for the newly formed temporary Parks and Recreation Committee to find out if one of them might be interested in serving on the County Parks and Recreation Committee. There was no objection. Other Matters Mayor Barnes complimented the City's mowing staff. Mayor Barnes inquired of the City Attorney whether or not Council could reconsider Mr. Kirrie's land use change request if they believe that the issue of access had been addressed. The City Attorney recommended that there could be a motion to suspend the rules and then Council could move to reconsider Mr. Kirrie's request and set it for a time certain in the future. The City Attorney advised to set the future date after the County has worked out the access concern. MOTION by Barnes/Coniglio "1 would make a motion to rehear that project time certain being the last meeting the month of February and see if the access issue is resolved by that time, I would like to get a second for discussion." Council discussed concerns regarding access. Mr. Majcher stated this concern was discussed at the last County Commission meeting. This motion was withdrawn at the advice of the City Attorney to first make a motion to suspend Roberts Rules of Order. Mayor Barnes withdrew his motion. Majcher/Barczyk "1 make a motion to suspend Roberts Rules of Order for this motion only." ROLL CALL: Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - nay Mr, Coniglio - aye MOTION CARRIED 4-1 4 Regular City Council Meeting November 14, 2001 Page Five MOTION by Barnes/Coniglio "1 move to reconsider the Kirrie project rezoning at a time certain to be the last meeting, whatever the date is, in February 2002." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - nay Mr. Coniglio - aye Mayor Barnes - aye MOTION CARRIED 4-1 D. Mr. Barczyk Requested clarification of lawn service companies parking in swales, many times without safety cones. The City Attorney stated that the code enforcement officer would spread the word with patrol officers to watch for these violations. Mr. Barczyk also inquired about planned upgrades to the Community Center in fiscal year 2001/2002 and expressed concern for activities being undertaken by the Tree Advisory Board without direction of the City Council. E. Mr. Majcher Reported on the affirmative vote of the County Commission on the proposed North County pool contractor and canoe launch. 11. CONSENT AGENDA All items on the consent agenda am considered routine and will be enacted by one motion. Them will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - October 24, 2001 Regular Meeting 01.257 Approve Resolution No. R-01-77 FDOT Public Transportation Joint Participation Agreement/ConstrUct T-Hangars (City Manager Transmittal 10/24/01, R-01-77, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 01.258 Approve Road Closings at Intersections of Indian River Drive and Jefferson Street, Main Street, Washington Street, Martin Avenue, Cleveland Street, Coolidge Street and Fellsmere Road on Saturday, February 2"d, 2002 from 7:00 a.m. until 11:00 a.m. for Girl Scout Troop 181 5K Run (Parks Transmittal 11/6/01) 01.259 Adopt Resolution No. R-01-78 Vacation of Easement - Medeiros Lots 2 and 3, Block 32, Sebastian Highlands Unit 1 (GMD Transmittal 11/7/01, R-01-78, Staff Report, Site Map, Application, Utility Letters A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 2 AND 3, BLOCK 32, SEBASTIAN HIGHLANDS UNIT 1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING PROVIDING FOR EFFECTIVE DATE. Regular City Council Meeting November 14, 2001 Page Six 01.260 E. Adopt Resolution No. R-01-79 Correcting a Scrivener's Error in O-01-09, O-01-10 and O- 01-18 (City Attorney Transmittal 11/9/01, R-01-79) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, DIRECTING CITY CLERK TO CORRECT SCRIVENER'S ERROR CONTAINED IN ORDINANCES O-01-09, O-01-10 AND O-01-18; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 01.152 F. Waive Section VI.4 and Authorize Reimbursement for Travel Associated with Florida League of Cities Conference in August for Councilman Hill Due to Extenuating Circumstances (Finance Transmittal 11/8/01, Minutes Authorization Excerpt) 01.186 G. Approve the Open Purchase Order with B and T Sod in the Amount of $18,000 (Public Works Transmittal 10/19/01) 01.261 H. Authorize the Mayor to Execute the DEP Submerged Land Lease Renewal and Modification (City Manager Transmittal, BOT Master Lease No. 311537314) The City Attorney read titles for Resolution Nos. R-01-77, 78 and 79. MOTION by Barczyk/Hill "Move to approve the consent items A-H." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye MOTION CARRIED 5-0 12. PUBLIC HEARING - None 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred orwas discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker Charles Stachel, Coral Reef Street, Sebastian, recommended direction from Council on where the TAPE I - SIDE II (8:02 p.m.) City is going with the proposed pier at Good Guys, and recommended US 1 improvements relative to slower speed limits and bump-outs. Regular City Council Meeting November 14, 2001 Page Seven 01.248 01.026 14. 15. COMMITTEE REPORTS/RECOMMENDATIONS A. POLICE RETIREMENT BOARD OF TRUSTEES Confirm Police Retirement Board of Trustees' Appointme. nt.o..f.A.L. "Rapp¥" Perez, Jr., CLU as the Fifth Member of the Police Pension Board of Trustees for a Two Year Term ('City Clerk Transmittal 11/6/01~ MOTION by Majcher/Barczyk "1 make a motion to approve or reapprove A. L. "Rappy" Perez, Jr. CLU as the fifth member of the Police Pension Board of Trustees for a two year term to expire October 1, 2003." ROLL CALL: Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 OLD BUSINESS Presentation by Capital Sanitation Relative to Enhanced _Operations and Customer Service (As Reported November 2"". 2001 City Council Information Letter) David Beach, 217 Delaware Avenue, said he had been in the trash collection business for many years, and described the difficult work these collectors do every day. Gerritt Frankhuisen, 378 Main Street, Sebastian, spoke in favor of Capital Sanitation and stated that his garbage is always picked up. Ron Rigby, Executive Vice President of R&R Corporate Systems, dba Capital Sanitation, addressed City Council on concerns expressed by the public, briefly described Capital's operation schedule and its plan to address certain suggestions and concerns expressed by customers. He cited problems as being 1) callers not being able to get through to the office which is being addressed by an upgrade to the phone lines; 2) equipment problems which are being addressed by on-going negotiations for new equipment, although he stated he believed current equipment is sufficient; 3) and late franchise fee payment problems which he stated he believed has been resolved. He further stated he is a local man and that his customers are very important to him, that he had received the revised franchise agreement from the City Attorney and said he will be contacting him next week to discuss some of the provisions. City Council discussion followed relative to a hydraulic fluid leak, compliments to the people working on the streets, problems with equipment and lack of office staff to address customer concerns, the need to handle complaints properly, the importance of properly maintaining equipment, and that time will show if the service has improved. 7 Regular City Council Meeting November 14, 2001 Page Eight Mayor Barnes called recess at 8:48 p.m. and reconvened the meeting at 9:00 p.m. All members were present. 16. NEW BUSINESS 01.252 Authorize the Purchase of a 2002 Chevrolet Silverado 1500 ½ Ton Pickup) and CG 1500 Camo Van in the Amount of $30,398.00 in Accordance with the Florida Sheriffs Association and Flodda Association of. Counties Bi.d. Award Announcement (01-090- 0904) (PD Transmittal 7/5/01, Award Announcement) Chief Davis stated the pickup will be used by the Code Enforcement Officer and the van will be used by the Evidence Technician, and that these purchases would complete the Police vehicle purchases for the fiscal year. MOTION by Barczyk/Hill "1 move to authorize the purchase of 2002 Chevrolet Silverado 1500 ½ ton pickup and CG 1500 cargo van for $30,398.00 in accordance with the Florida Sheriffs Association & Florida Association of Counties Bid Award Announcement 01-09-0904." ROLL CALL: Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 01.252 Accept the Donation of $18,000.00 and Authorize the Purchase of a Harley Davidson Police Motorcycle and Equipment from Ft. Lauderdale ..H...a..r..!.~y Davidson (PD Transmittal 10131/01, Price Sheet) City Council members commended the donor for the generous donation. MOTION by Majcher/Hill "1 make a motion to move to accept the donation of $18,000.00 and authorize the purchase of a Harley Davidson Police Motorcycle from Ft. Lauderdale Harley Davidson for $16,000.00 and appropriate $18,000.00 which includes additional equipment." ROLL CALL: Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye MOTION CARRIED 5-0 8 Regular City Council Meeting November 14, 2001 Page NineSeven 01.262 A. Approve Purchase of Diesel Fuel Requirements for FY 2001 in the Amount of $22~971_00 ('GSA Transmittal 10/31/01, 2000/2001 Journal Entdes, 2001/2002 Projections) The General Services Administrator briefly explained the Treasure Fuel Co-op which is a cooperative of 24 agencies in the area. MOTION by Hill/Coniglio "1 move to authorize staff to award a contract to Port Consolidated to supply Iow sulfur diesel fuel during FY 2001/2002, subject to the terms and conditions of Indian River County Contract ~6-14137." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye MOTION CARRIED 5-0 01.187 B. Authorize the Sale of Forfeited Boat ('PD Transmittal 11/8/01, Detailed Vessel Information) Chief Davis explained the process by which the City obtained the boat through forfeiture, and bid out for sale to which there were no responses by the bid deadline. He explained that a proposal with a good faith deposit was received and then another proposal for a higher amount was received subsequent to that time. The City Manager further explained that the proposals were received after the bid process ended. TAPE II - SIDE i (9:17 p.m,) The City Attorney said the sale to Mr. Slavens was not included as an option, however, if Council wants to proceed in this manner, staff could rebid the sale. MOTION by Barczyk/Hill "1 move that we should consider to deny the sale of the vessel Betsea to Mr. Jeffrey Mann, return the 10% good faith deposit to him, and move to authorize staff to rebid the sale." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye MOTION CARRIED 5-0 Regular City Council Meeting November 14, 2001 Page Ten 01.028 C. 01.012 D. Authorize City Mana.cler to Exe .c..~te_.Consultant A(3reement Between Tischler & Associates, Inc. and City of Sebastian for Preparation of Prototype Land Use Fiscal Analysis in the Amount of $23,900 (City Manag.e.r..Tr. ansmittal 11/7/01, Agreement) The City Manager briefly explained the analysis to be conducted by Tischler and Associates, Inc. that will help the City ascertain vision and cost of growth. MOTION by Majcher/Coniglio "1 move to authorize the City Manager to execute Consultant Agreement between Tischler & Associates, Inc. and the City of Sebastian to perform the scope of service for the preparation of a Prototype Land Use Fiscal Analysis, in the total amount of $23,900.00." ROLL CALL: Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 Appr..opriate $10,575.48 and Authorize Change Order No. 1 for Final Payment tO CAMCO, Inc. (City Engineer Transmittal 11/6/01, Final Pay .m..ent Analysis, City Engineer Memo, CAMCO Detail of Cost Additions and Subtractions) The City Engineer explained the additional final payment to Camco due to the need for facility improvements and requirements of the Department of Environmental Health. Discussion took place about specific change order items. Mr. Hill requested payment for item #L be deleted because the incorrect frame installation was not the City's fault. Mr. Hill also asked payment to be withheld if floor puddling was still evident at Barber Street Sports Complex. Council expressed the need for reassurance that drawings will be shared by all departments in the future. The City Manager assured that he had already communicated this to staff. MOTION by Hill/Coniglio "1 move to authorize Change Order 1, encompassing summary Change Orders A-S, removing item L, increasing contract with CAMCO, Inc., we're going to have to amend the number, $8,653.48 for the three bathroom facilities constructed at Hardee Park, the Yacht Club and the Barber Street Sports Complex, and appropriate $8,653.48 contingent upon full and complete release from CAMCO, Inc." Mr. Barczyk clarified this would be contingent upon the fixing of the floor. ]0 Regular City Council Meeting November 14, 2001 Page Eleven 01.263 17. ROLL CALL: Mr. Coniglio Mayor Barnes Mr. Barczyk Mr. Majcher Mr. Hill - aye - aye - aye - aye - aye MOTION CARRIED 5-0 G. City Clerk Performance Evaluation (City Mana.qer Transmittal 11/14/01, Mere .o.) Council expressed praise and great satisfaction for the Clerk's transition to department head, records retention and research during the last year and recommended a 5.5% raise. MOTION by Barnes/Hill "1 would like to make a comment, maybe a suggestion, at City Council we are responsible for the evaluations of the charter officers which are Sally, Mr. Moore and Mr. Stringer. Mr. Stringer and Mr. Moore's evaluations were very positive, Sally's evaluation was very positive, I would suggest that we give Sally the same increase that we gave to the other two officers, 5 1/2%." ROLL CALL: Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye MOTION CARRIED 5-0 Being no further items, Mayor Barnes adjourned the Regular Meeting at 9:50 p.m. Approved at the November 28th, 2001 Regular City Council Meeting. Walter Barnes Mayor S-~lly A.,._M~io, CMC .City Clerk ]1