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Home My WebLink About11282001CITY OF S BASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 28, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREE~ SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-99-21) 1, Mayor Barnes called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. There was a moment of silence. 4. 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 Public Works Director, Terry Hill Regular City Council Meeting November 28, 2001 Page Two 01,188 o AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETION..S...) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) None. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS Ao Presentation of FEMA National Flood Insurance Pro.qram Community ,R,a. tin.q System Certificate The City Manager explained and presented the Federal Emergency Management Agency National Flood Insurance Program Community Rating System Certificate, He advised that the City of Sebastian's rating is 9 which provides for a savings in residents' insurance rates. CITY ATTORNEY MATTERS Reported on a favorable ruling from the judge on the local option gas tax issue, and explained the formal pleading which provides no ex-paRe communication Explained the School Board suit requesting exemption from City utility franchise fees, noting that FPL approached the City in 1927 to take over the electric franchise which was accomplished by an agreement that the City would not compete with them and that the agreement has been renewed Explained the stormwater fee credits in place and said that letters were mailed to all those who requested them Noted the Planning Commission had voted to recommend Council and other governmental agencies pass a six month moratorium on cell phone towers and said he can bring back an ordinance at the next meeting for first reading Advised that the next regular meeting would be the Council's last opportunity to add referendum questions Noted that consent agenda item D must be adopted by resolution and that R-01-84 had been added to the consent agenda CITY MANAGER MATTERS Reported on the proposed resurfacing program Briefly reported on the Art and Music Festival which will take place on December 15 and 16, 2001 and asked Lisanne Monier to report to Council, Ms. Monier distributed posters and bdefly updated Council on the festival, 2 Regular City Council Meeting November 28, 2001 Page Three 9. CITY CLERK MATTERS None. 10. CITY COUNCIL MATTERS A. Mr. Coniglio Expressed concern for the loss of green space and parking space due to US 1 improvements. The City Manager said he would schedule a presentation by FDOT before Council in January. Mayor Barnes 1. Uod~te Regarding Board A~3Dointments Gave a brief update on open positions on the new Parks and Recreation Committee and Code Enforcement Board; and appealed to residents to take an interest in serving on boards. Mr. Barczyk noted that application forms can be notarized in the Clerks' office when submitted. Suggested a candidates' forum be scheduled in City Council chambers in February and scheduling of the event for Tuesday, February 19, 2002 was discussed. Expressed concern for lack of boater safety at the Yacht Club pier on Friday and Sunday afternoons. Reported on Indian River County's purchase of the Sequoia voting machines. Reported on manatee plan revisions C. Mr. Barczyk Said there was a bonfire on one of the spoil islands and the City Attorney said technically there is no open burning allowed within city limits and the islands are within city limits. It was suggested this could be on a future agenda. Recommended trash cans be placed along the waterway alongside benches and at the end of the pier; lights be placed at the end of the pier over the water; and recommended fishing line recycle tubes be installed. D. Mr. Maicher Concurred with Mr. Coniglio on the bump-outs on US I and suggested grants be sought. The City Attorney suggested the governor's office and state legislators be contacted. The City Manager said it is his plan to get on the phone tomorrow and set up a meeting for January. E Mr, Hill None. 3 Regular City Council Meeting November 28, 2001 Page Four The City Manager received consensus of Council to schedule a meeting in January with FDOT to discuss U.S. improvements. 11. CONSENT AGENDA All items o~ 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. Approve 11/14/01 Regular Council Meeting Minutes 01.264 Chamber of Commerce/City of Sebastian Co-Sponsorship- Santa Sail In - 12/8/01 Approve Street Closing and Yacht Club Use 4-10 p.m. (Parks Transmittal 11/14/01) 01.265 Thursday Night Bridge Group - Use of A/B at Yacht Club on 12/6/01,6:30-10:00 p.m. (City Clerk Transmittal 11128/01, Rental Application) 01.089 Resolution No. R-01-84 - Authorize a Change in the Description of FDOT Grant Agreement "Maintenance Facility and Equipment" to read "Maintenance Facility, Electrical Vault, and Equipment" (Airport Transmittal 11/28/01) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE DESCRIPTION OF FDOT GRANT AGREEMENT FPN~411094-1- 94-01 FOR SEBASTIAN MUNICIPALAIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 01.173 Resolution No. R-01-80, Handicapped Self-Evaluation Committee (HR Transmittal 11/28/01, R-01-80) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RE-ESTABLISHING THE HANDICAPPED SELF-EVALUATION COMMITTEE; PROVIDING FOR MEMBERSHIP, LIAISON, MISSION, AND COMMITTEE GOALS AND OBJECTIVES; AND PROVIDING FOR AN EFFECTIVE DATE. 01,266 Resolution No. R-01-81, State of Florida Joint Participation Agreement (City Manager Transmittal 11/28/01, R-01-81, 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 TO PROVIDE FUNDING FOR DESIGN REHABILITATION OF RUNWAY 9/27 AND PROPOSED PARALLEL TAXIWAY; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 01.267 G. Resolution No. R-01-82, State of Florida Joint Participation Agreement (City Manager Transmittal 11/28/01, R-01-82, 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 TO PROVIDE FUNDING FOR INSTALLATION OF SECURITY GATES AND FENCING; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Regular City Council Meeting November 28, 2001 Page Five The City Attorney noted addition of Resolution No. R-01-84 for the adoption of item D and then read titles for Resolution Nos. R-01-80, R-01-81. R-01-82 and R-01-84. MOTION by Majcher/Hill "1 make a motion to approve consent agenda." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye MOTION CARRIED 5-0 12, PUBLIC HEARING None. 13. INTRODUCTION OF NE, .W. ,.,..BUSINESS FROM THE PI),B, LIC Item that has occurred or was discovered within the previous six months which i$ not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker None. 14. COMMITTEE REPORTSIR,.E~OMMEN DATIONS None. 15. OLD BUSINES~ 01.191 Resolution No. R-01-83, Sebastian Bou!e,v. srd (City Attorney Transmittal 11/28/0!,. R-01-83) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, CHANGING THE NAME FOR COUNTY ROAD 512 WITHIN THE CITY LIMITS FROM FELLSMERE ROAD TO SEBASTIAN BOULEVARD; REQUESTING THAT COUNTY CHANGE NAME WITHIN PORTIONS OF THE UNINCORPORATED AREA; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-01-83 by title and noted he had been told that Bellsouth has no plan to change the area code. Regular City Council Meeting November 28, 2001 Page Six 01.194 B. MOTION by Barczyk/Majcher "1 move to adopt Resolution R-01-83." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye MOTION CARRIED 5-0 The City Attorney recommended heavy lobbying with this matter. Approve the Request from Indian River County Council (;;).n.....A..qin,q, Inc. for ~;15,000.00 to Construct a Day Room on the South Side of the Sebastian Senior Center ((~i~..M,..a....n...ag .er Transmittal 11/28/01, Letter from Arlene Fletcher) The City Manager reiterated his recommendation to award $15,000 to Indian River County Council on Aging, Inc. as addressed during the budget process. MOTION by Majcher/Hill ~1 move to approve the request from Indian River County Council on Aging, Inc., for $15,000 to construct a day room on the south side of the Sebastian Senior Center, located at 815 Davis Street, Sebastian, FL, as budgeted for the fiscal year 2001-2002 budget." ROLL CALL: Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 Regular City Council Meeting November 28, 2001 Page Seven 16. NEW BUSINESS 01.099 A. 01.268 B. First Reading of Ordinance No. Q-01-25 - Revised Conceptual Development Plan for a Proposed 80-Acre Planned Unit Development - Schedule Quasi-Judicial Public Hearing 12/12/01 (GMD Transmittal 1!/28/01, O-0!-25, Conceptual P an., Location Map, P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL DEVELOPMENT PLAN FOR THE DAVIS PLANNED UNIT DEVELOPMENT LOCATED NORTHWEST OF SCHUMANN LAKE TO ALLOW A COMMERCIAL NODE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, The City Attorney read Ordinance No. O-01-25 by title; and explained that this amendment will allow for a limited commercial node within the Planned Unit Development. He advised that Council not take any testimony at this time due to the fact that it is a first reading. The City Attorney explained there were nay votes by Planning and Zoning members due to the fact that some said there should be a segregation of residential and commercial; and responded to questions relative to plans for the extension of Fleming Street. MOTION by Barczyk/Coniglio "1 move to approve the first reading of Ordinance No. O-01-25." ROLL CALL: Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 The City Attorney noted the public hearing would be scheduled for December 12, 2001. First Re~dinR Ordinance No. O-01-26 - Unregi~..tered Vehicles and Vessels - Schedule Pv. blic Hearina 12/12/01 (City Attorney Transmittal 11/28/01, O-01-26) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 66-3 (NUISANCES) ILLUSTRATIVE ENUMERATION; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. Regular City Council Meeting November 28, 2001 Page Eight The City Attorney read Ordinance No. O-01-26 by title; and explained that during a clean-up of the Land Development Code this provision was removed since it was not a land development regulation but a nuisance regulation. TAPE I - SIDE II (8:02 p.m,) Discussion followed on the appropriate language. It was suggested that trailers be added. It was then suggested that the number of unregistered vehicles or vessels be limited rather than prohibiting them altogether, and perhaps require that those vehicles be behind the front line of the residence. The City Attorney said he would bring back a revision for another first reading. The City Attorney brought up the.Fleming extension as previously addressed in item 16. He said the County plans to pay back monies if the developer pays for and builds the road, and that one title problem is to the west, where there are eagles and wetlands. He advised the only solution is eminent domain, and if the county pays back the money, the City could acquire the right of way with the City Attorney's time acting as Sebastian's contribution. It was the consensus of council to follow the City Attorney's direction. 01.034 Authorize the Purchase of a 2002 Chevrolet 1500 4x4 Pickup Truck - Pi~c~c~vback Brevard County Fleet Contract from Fischer Chevrolet-Oldsmobile in the Amount of $17.632,33 (Airoort Transmittal 11/28/01. Quote) The Airport Director explained his request for an additional vehicle for airport maintenance. MOTION by Hill/Coniglio "1 move to approve the purchase of a 2002 Chevrolet 1500 4x4 pickup truck (CK15903-Spec 42C) on Brevard County Fleet Contract from Fischer Chevrolet- Oldsmobile in the amount of $17,632.33." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye MOTION CARRIED 5-0 Regular City Council Meeting November 28, 2001 Page Nine 01.269 D. Authorize the Purchase of a Rotan/Broom from M-B Companies, Inc. in the Amount of $5,973.12 (Airport Transmittal 11128101, Quote Tabulation Form) The Airport Director presented his request for purchase of the rotary broom. MOTION by Majcher/Barczyk "1 move to approve rotary broom purchase from M-B Companies, Incorporated, in the amount of $5,973.12." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye MOTION CARRIED 5-0 01.111 E. Authorize the Appropriation of ~;7,542.00 for the Clock Tower Installation, Site Prep and Landscapin~ ('Citv Manager Transmittal 11/20/01, Cost Estimate and Site Plan) The City Manager explained the need for funding to install the clock and noted the ribbon cutting will take place on Wednesday, December 12, 2001 at 10 a.m. The Public Works Department briefly described the site work. It was noted that bricks are still available. MOTION by Barczyk/Majcher "1 move to approve $7,542 for the clock tower installation, site prep and landscaping." ROLL CALL: Mr. Hill - aye Mr. Coniglio - aye Mayor Barnes - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 17. Being no further items, Mayor Barnes adjourned the Regular Meeting at 8:30 p.m. Regular City Council Meeting November 28, 2001 Page Ten Approved at the December 12th, 2001 Regular City Council Meeting. Walter'Barne~ Mayor ;-Sally A.(~io,'Cad . L_City Clerk · ]0