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HomeMy WebLinkAbout08272003 REGULARHOME OF PEUCAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 27, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. The Mayor called the Regular City Council Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. A moment of silence was held. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum 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, David Fisher Human Resources Director, Jim Sexton Police Lieutenant, Greg Witt Regular City Council Meeting August 27, 2003 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-03-14) None. 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 03.176 A. Presentation by State Senator Mike Haridopolos, District 26-R (no backup) Senator Haridopolis addressed City Council on current on-going legislative matters, and requested input from Council on unfunded mandates. 03.177 1-2 Colonel Ashford T. Jordan Park (1974 Resolution) The City Attorney spoke of Colonel Jordan, who was the City Clerk for ten years and for whom A.T. Jordan Park is named. 03.178 ~4 Presentation by Mr. Don Bobish Re,qardin.q a Proposed Citywide Litter Removal Project to Help Benefit the American Lung Association (Public Works Transmittal 8~20~03) Mr. Bobish proposed a litter removal program, suggesting that clean up of construction sites be enforced, cited excessive litter on CR512 that is mowed over by mowing crews, and noted parks are being littered by users. He suggested that Code Enforcement officers visit construction sites, that the media be utilized to educate people, and reported that he found $152 in a discarded McDonald's bag. He requested use of the American Lung Association to coordinate a fundraiser walk and call it Sebastian Clean Sweep and use a crying pelican as a symbol for this effort. Mayor Barnes said he was on the board of Keep Indian River Beautiful, and agreed that there may need to be enforcement at construction sites. Mr. Bobish suggested that people report license plate numbers of litterers. He gave his phone number as 589-4818. The City Manager addressed Mr. Bobish about current enforcement efforts in place. Mayor Barnes announced the Coastal Cleanup is scheduled for September 20, 2003. 03.179 Update Relative to Airport Administration Facility - Firm Selection and Development Process (no backup) The Airport Manager updated City Council on the administration facility, proposed to be a design built facility, and then explained the process being utilized. He stated three firms responded and financial proposals are being evaluated with a recommendation to come before Council in September. 2 Regular City Council Meeting August 27, 2003 Page Three 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. 5-18 A. Approval of Regular Meeting Minutes - 8/13/03 03.113 19-26 Resolution No. R-03-32 - Florida Department of Transportation, Aviation Section Joint Participation Agreement Addendum for Infrastructure Improvements (Airport Transmittal 8/18/03, R-03-32, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT ADDENDUM FOR INFRASTRUCTURE iMPROVEMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 03.090 27-32 Resolution No. R-03-39 - Federal Aviation Administration Grant for Runway 9-27, Phase II (Airport Transmittal 8/18/03, R-03-39, Grant Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE A GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION (FAA) TO REHABILITATE RUNWAY 9-27 AND CONSTRUCT TAXIWAY ~B"; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 03.019 33-38 Resolution No. R-03-40 - Final Plat for Fischer Lake Island Phase V (GMD Transmittal 8/19/03, R-03-40, Application, Plat) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS FISCHER LAKE ISLAND PHASE V; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 03.180 39-40 Authorize the Expenditure of $12,192.00 from a $13,806.68 Federal Grant to Purchase Eight Bulletproof Vests from SRT Supply, State Contract #19-680- 850-0 (PD Transmittal 8114103) Mayor Barnes questioned item B on page circle 28 relating to matching FDOT revenue. The City Attorney read Resolution Nos. R-03-32, R-03-39 and R-03-40 by title. Mr. McCollum removed item A. MOTION by Coniglio/Hill. "Move to approve items B-E.~ 3 Regular Ci~ Council Meeting Augu~ 27,2003 Page Four Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll call carried 5-0 Item A Mr. McCollum noted a correction to circle page 9, Mr. Coniglio's nominee should be Scott Taylor not Robert Taylor. MOTION by McCollum/Coniglio "With that correction, I would move approval of consent item A." Mr. Coniglio - aye Mr, Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Roll call carried 5-0 8. COMMITTEE REPORTS/RECOMMENDATIONS 03.038 41-92 Plannin.q and Zonin,q Commission Interview, Unless Waived, and Appoint Re.qular Member Position with Term to Expire Ma,/1, 2005 (City Clerk Transmittal 8/18/03, Applications, Board Member List, Ad) Robert Craw addressed City Council on his prior experience. Norman Blessing, current Planning & Zoning altemate member, addressed City Council. Ed Seeley, Vice Chairman of Code Enforcement Board, addressed City Council on his prior experience. Gilbert Swiger, addressed City Council, citing his experience and many years in the City. Nominations for the regular member were made. 4 Regular City Council Meeting August 27, 2003 Page Five Mr. Coniglio nominated Mr. Ed Seeley. Mr. McCollum nominated Mr. Sai Neglia Mr. Barczyk nominated Mr. Norm Blessing, ROLL CALL: Mr. Barczyk - Blessing Mr. Hill - Blessing Mr. McCollum - Neglia Mayor Barnes - Blessing Mr. Coniglio - Seeley Mr. Blessing was appointed to the regular member position. Nominations for altermate were then made. Mr. Coniglio nominated Mr. Ed Seeley. Mr. Barcazyk nominated Mr. Sal Neglia. ROLL CALL: Mr. Hill - Seeley Mr. McCollum - Neglia Mayor Barnes - Seeley Mr. Coniglio - Seeley Mr. Barczyk - Neglia Mr. Ed Seeley was appointed to the alternate member position. The City Clerk noted that Mr. Seeley would be considered terminated effective immediately from Code Enforcement and his position on Code Enforcement would be advertised. 9. PUBLIC HEARING - none OLD BUSINESS 03.181 g3-118 Cancellation of Oranqe Peel Enterprises, Inc. Lease (Airport Transmittal 8/20/03, Lease) The Airport Manager cited that during meetings with Orange Peel it became apparent that they were financially unable to proceed with construction of their facility at this time, and therefore, recommended termination of the existing lease agreement. MOTION by BarczyldConiglio "Move to authorize staff to terminate the Airport Lease Agreement between the City of Sebastian and Orange Peel Enterprises, Inc." Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Roll call carried 5-0 5 Regular City Council Meeting August 27, 2003 Page Six 10. 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 William Shaw, speaking on behalf of Jeff Starkey, Maximum Torque Engines, requested City Council approval for the firm to obtain a lease to install an NHRA ¼ mile track facility on the vacated airport runway 13. The Airport Manager reported he and the City Manager had met with Mr. Starkey and had explained to him that runway 13 is being closed because it is a noise problem and they did not want to install another noise problem. He said the City is seeking clean, light industry for the airport. Mr. Starkey said the firm could provide a plan for noise abatement. Mayor Barnes suggested that Mr. Shaw could provide any additional information to staff and could make a future presentation if he so wished. Council concurred that they would be open to a presentation. It was noted that the requested site would be approximately ten acres. TAPE I, SIDE II, (8:04 p.m.) The City Manager said he would bring this request back to Council at a future date with a recommendation. 03.136 Opportunities to Finance Acquisition of Historic Train Depot Property on Main Street West of United States Highway 1(no backup) The City Manager said the Flagler Development Corporation was interested in working with the City on the purchase of the Main Street property, in addition Coldwell Banker offered a financial commitment. He requested a consensus from Council to proceed with a proposal. It was the consensus of City Council to proceed. 12. NEW BUSINESS 03.182 119-138 Authorize Option and Lease Agreement Between City of Sebastian and Atlantic Coast Tower of Florida, Inc. (City Manager Transmittal 8/21/03, Agreement) Dave Herring, Atlantic Coast Tower Flodda, addressed City Council and distributed photos representing both options of a flag pole and tree (see attached) Mr. McCollum expressed concern with several provisions of the lease agreement as follows: -Circle page 122, #7- the last sentence, which denies the City's right to protest the application and what the company does with the tower The City Attomey replied that the City should take care of concerns at the time of the lease agreement and the City's code provides for height and design limitations. Regular Ci~ Coundl Me~ing August27,2003 Page Seven -Cimle page 122, #8 - if a utility company cannot access the right-of-way, the City will grant additional right-of-way with no cost to the company The City Attorney stated the City does have right-of-way up to the property and there is nothing to prohibit access to the site. -Circle page 123, #2 - no inclusion of the CPI increase in extended term option, and wants mutual ability to accept or reject extensions. The City Manager stated the increases designated for each term surpasses what the CPI will provide. The City Attorney further stated a long term lease is always sought so that the company will recoup their high investment cost but they reserve the right to cancel should the technology become obsolete. -Circle page 124, #6 - questioned what is surrounding property Mr. Herring stated the parcel is 100 by 100 that will be enclosed by a fence; surrounding property is owned by the City. -Cimle page 124, #7 - does not think the City should commit to this request for 30 years -Circle page 126 #13 - asked what is quiet enjoyment The City Attorney stated this is a traditional legal term that means the City will not bother the company as long as they are complying with the contract. -Circle page 126 - #14 - assignment and subleasing The City Attorney stated if it is not a related company, an assignment cannot be done without the City's express approval, but any denial must be based upon reasonable grounds such as financial considerations. -Circle page 127 - #18 - hazardous substances - costly to City if anything found - assume a hazardous substances analysis would be done prior to construction Mr. Herring confirmed a hazardous materials analysis would be done and this paragraph addressed City accidents. Mr. McCollum said Council should not endorse use of City property for these types of projects, given the length of time and possibly foregoing future rights. Mr. McCollum pointed out that if Representative Mayfield's bill passed this session, the City would not have a say in the lease process. Mayor Barnes said the proposed lease meets the City's ordinance provisions. Mr. Coniglio said provisions currently in place will protect the City. Mr. Barczyk questioned proposed height and proximity of the proposed tower to lot 19. 7 Regular City Council Meeting August 27, 2003 Page Eight MOTION by McCollum/Barczyk "Mayor, I would move to deny the request of Atlantic Coast Tower of Florida and deny the lease agreement between the City and Atlantic Coast Tower of Florida." Mayor Barnes - nay Mr. Coniglio - nay Mr. Barczyk - aye Mr. Hill - nay Mr. McCollum - aye Roll call failed 3-2 MOTION by Hill/Coniglio "Mayor I move to authorize the City Manager to execute the Option and Lease Agreement between the City of Sebastian and Atlantic Coast Tower of Florida, Inc. for the exclusive right and option to lease a portion of property approximately 10,000 square feet, located at the end of Roulette Street, for the installation of a communications tower." Mr. McCollum asked the attorney if the lease addressed any state or federal permitting for the tower. The City Attorney confirmed that the lease only addresses construction of the tower. Mr. Coniglio - aye Mr. Barczyk - nay Mr. Hill - aye Mr. McCollum - nay Mayor Barnes - aye Roll call carried 3-2 03.183 139-146 Approve Work Authorization #11 to City's Master EnRineerin.q Services Agreement with Kimley-Hom & Assoc., Inc. in an Amount not to Exceed $23,800 for the Study, Analysis, and Conceptual DesiRn of Improvements for Main Street and Appropriate Funds for Same (EnRineerin.q Transmittal 8/8/03, Work Authorization #11, Exhibits A, B & C) The City Engineer addressed City Council on the proposed Main Street improvements program, and requested authorization to negotiate with Kimley-Horn, citing their expertise in these matters. He said there would be a presentation in January 2004 as to what options would be available. MOTION by McCollum/Coniglio "Move to approve the award of work authorization #11 to the City's master engineering services agreement with Kimley-Horn & Associates, Inc. in an amount not to exceed $23,800 for the study, analysis, and conceptual design of enhancements and improvements to the entire length of Main Street, and appropriate funds for same." 8 Regular City Council Meeting August 27, 2003 Page Nine Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Roll call carried 5-0 Mayor Barnes called recess at 8:55 p.m. and reconvened the meeting at 9:10 p.m. All members were present. 03.184 I47-150 Review November and December City Council Meetin.q Schedules (City Clerk Transmittal 8/12/03, Calendars) MOTION by Hill/McCollum "1 would sug~e, st we cancel the meeting dated November 26th and cancel the meeting dated December 24"" Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Roll Call carried 5-0 03.185 D. Discussion Re.qardin.q City Attorney Position (no backup) Mayor Barnes said he put this item on the agenda due to the fact that at the last meeting Council gave direction to advertise the position. Discussion took place on the interview process. The City Attorney discussed the advertisement he had prepared and recommended against managerial reviews that weed down applicants, but suggested Charlie Vitunac, Warren Dill, and Will Collins sit down with the Human Resources Director to pick 5-7 candidates who would be seen by City Council. He recommended a round robin interview process rather than interview by full Council, however, final deliberation would have to be conducted by full Council. Mr. McCollum requested to see all applications that come in. TAPE II- SIDE I (9:17 p.m) Mr. McCollum noted that there is no start date to come on board and that Council has not obtained a formal resignation. The City Attorney said the ads will appear in the September 1 and 15 Flodda Bar newsletter and that under the best of circumstances Council is looking at a three month process. 9 Regular Ci~ Council Meeting Augu~ 27,2003 Page Ten Mr. McCollum suggested employing a temporary attorney for the interim period between attorneys, and suggested the City Manager and Human Resources Director pursue this when necessary. The Human Resources Director said each applicant that receives an offer will be asked to sign a release to allow Council members to call references. Mr. Coniglio said he had a copy of the County Attorney's contract for review by Council. 13. CITY ATTORNEY MATTERS Reported that Council should give direction as to the Parks and Recreation Committee. It was the consensus of Council to make them a permanent committee and the City Attorney said he would bdng back a resolution to extend the committee until he can bdng back an ordinance as required by the Code. Stated that he might have appeared to be advocating the cell tower agreement earlier with his responses, but he does not negotiate the substance of the agreements, but once they are made he looks to protecting the City's interest. Stated the judge received and is reviewing Capital Sanitation's legal memo on the propriety of the City procurement process. He further stated that Capital's surety company is waffling on the default payment. Announced the Florida Getaways magazine would be in town to do an article for the Clambake and he would introduce council members to be interviewed and photographed. t4. CITY MANAGER MATTERS Stated Mr. McCollum had a successful forum and a primary issue was the Collier Creek flow which he will report on in his newsletter. Introduced Neal Standard, local Channel 10, and he addressed City Council. 16. CITY CLERK MATTERS Complimented staff on the previous night's meeting relating to Louisiana Avenue as a property owner. 17. CITY COUNCIL MATTERS A. Mr. Hill Stated the tennis court lights at Schumann Drive seem to be on the blitz. Wished the University of Michigan Wolverines good luck. 10 Regular City Council Meeting August 27, 2003 Page Eleven B. Mr. ConiRlio Received Christmas decoration information in the mail and turned it over to City Manager. He suggested a City tree. C. Mr. Barczyk Asked when the new banners would be installed and where the kiosk is that was part of the agreement. City Manager stated the new banners will be installed soon and offered to bring back a status report on the kiosk. Recently visited a property with 15 vehicles on two lots and perhaps the property owner sells the cars. The City Attorney advised that Council can set a limit on unenclosed vehicles on a property. Mayor Barnes said he would be interested in adopting an ordinance to limit the number of vehicles. The Mayor requested that an item be placed on the next agenda to discuss the issue further. William Shaw suggested using DMV records to see who owns the cars. Stated there were six new homes going up in his neighborhood and he had to call Code Enforcement for trash from construction sites. The City Manager said that is not case with all builders and that citizen notification is important. D. Mr. McCollum Complimented City staff for clearing up problems addressed at his forum within a matter of days. 03.186 Consideration of Permanent Rules & Re.qulations Regardin.q Side Setbacks for Planned Unit Developments (no backup) Mr. McCollum said it was evident that staff is under tremendous stress when developers come in with proposed annexations, because there is no clear direction from Council, and recommended that rules be established by Council, send the recommendation to Planning and Zoning for their review and recommendation back to Council. Mr. McCollum made a motion to submit a request to Planning and Zoning and staff for their recommendation on minimum side setback, maximum density and minimum lot size for PUDS, however, the motion died for lack of a second. Discussion followed on Council determining what is in the best interest of the City. The City Manager said he would arrange for the Growth Management Director to make a presentation to City Council on September 10, 2003, and Council can then decide what direction it wishes to proceed with. 11 Regular City Council Meeting August 27, 2003 Page Twelve E. Mayor Barnes Said he had been receiving phone calls regarding rear ditches that have not been cleaned north of CR 512. The City Manager invited citizens to call to see when their channel is scheduled to be cleaned. Announced all Clambake Festival activities, and that a video presentation will be broadcast the following weekend on Channel 25. Said a citizen called who felt Comcast broadcasts programs with foul language during the day, Stated the light at CR512 and Barber Street is causing problems. The City Manager stated the County controlled the traffic flow at this intersection, 18. Being no further business, the Mayor adjourned the Regular City Council meeting at 10:17 p.m. Approved at the September 10~ Regular City Council Meeting. Walter W. Barnes, Mayor ATTEST: Sally A.M~, CMC, City Clerk 12