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Home My WebLink About02092005HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, FEBRUARY 9, 2005 - 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 STREET, 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 five minu~es per speaker 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY MAYOR McCOLLUM 3. MOMENT OF SILENCE 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vo~e of City Council members (R-04-26) 6. PROCLAMATIONS~ ANNOUNCEMENTS~ PRESENTATIONS 05.050 A. North County Relay for Life Purple Wednesdays Proclamation 05.051 Presentation by Lisa Waters, MEA Group. Findings Regarding Treasure Coast Regional Airport Noise and Flight Training Working Group Study. 05.032 Clarification Regarding Ashbury Subdivision Development, Site Planning and Permitting Requirements via Presentations by Staff from the Building and Growth Management Departments, as well as by Representatives from the Coy Clark Development Company. 1-12 05.052 'i3-15 05.006 05.053 21-22 05.054 ~-24 05.055 25 9. 10. 11. 05.041 27-30 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 Minutes - 1/26/05 Regular Meeting Approval of 2005 Pelican Island Wildlife Festival at Riverview Park on Saturday, March 12, 2005 from 6:00 a.m. to 5:00 p.m. Approve Closing Indian River Drive from Harrison Street North to Northern City Limits from 6:00 a.m. until 8:00 a.m. on Mamh 12, 2005 for 5K Run Approve Closing Indian River Drive from Sebastian Blvd. South to Harrison Street from 6:00 a.m. until 5:00 p.m. on March 12, 2005 (Public Works Transmittal 2/1/05) Authorize the Mayor to Execute a Contract Modification with the Department of Community Affairs for the Louisiana Avenue Neighborhood Revitalization Project (City Manager 2/3/05, Transmittal, Forms, Plan) Do Approve the Expenditure and Appropriate the Necessary Funds to Complete the Sign Installations Damaged by the Hurricanes in the Amount of $94,820 (Engineering Transmittal 2/1/05, Spreadsheet) Approve the Expenditure of $16,102.50 for the Pumhase of Six Radios from Communications International, Inc. for the Police Department (PD Transmittal 1/26/05, Quote) Fo Authorize the City Attorney to Retain an Appraiser for the Kozlowski Property at the South End of Laconia Street for a Maximum Cost of $10,000 (City Attorney Transmittal 2/3/05) COMMITTEE REPORTS/RECOMMENDATIONS - none. PUBLIC HEARING - none. 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 five minutes each speaker OLD BUSINESS Reconsideration of Non-Profit Leases for Old Schoolhouse; Casualty Insurance Requirements (City Attorney Transmittal 2/3/05, Letters) 2 12. NEW BUSINESS 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mr. Coniglio B. Ms. Monier C. Mr. Barczyk D. Mayor McCollum 17. ADJOURN (A~~meetingssha~~adj~umat1~:3~pmun~essextendedf~rupt~~nehaifh~urbyamaj~dtyv~te~fcity Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on A T & T Broadband Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MA'I-rER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S,) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR A T 589-5330 A T LEAST 48 HOURS IN ADVANCE OP THIS MEETING. Upcoming Meetings: February 23, 2005- 7:00 p.m. - Regular Council March 9, 2005- 7:00 p.m. - Regular Council March 14, 2005-Special Election Meeting March 23, 2005- 7:00 p.m. - Regular Council April 13, 2005- 7:00 p.m. - Regular Council April 27, 2005- 7:00 p.m. - Regular Council May 11, 2005- 7:00 p.m. - Regular Council May 25, 2005- 7:00 p.m. - Regular Council 2. 3. 4. HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 26, 2005 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Mayor called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was led by Mayor McCollum. A moment of silence was held. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Lisanne Monier Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski Finance Director, Shai Francis Human Resources Director, Jim Sexton Public Works Director, Terry Hill Police Chief, Jim Davis Regular City Council Meeting Janua~ 26,2005 Page Two 05.034 05.035 1-3 5-17 05.001 19-27 05.036 29-33 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-04-26) The City Attorney requested addition of an amendment to the Thunderbird Drive agreement previously approved by Council. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier the item was added as requested on a voice vote of 4-0. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS Presentation by Representatives of the Boys and Girls Club of Indian River County Propress Report Re.qardin.q Development and Construction of Sebastian Municipal Complex Boys and Girls Club Facility Mr. Ronnie Euick explained the need for the facility. Mr. Jay MacNamara expressed gratitude for the project which will start any day. Presentation by Representatives from Patterson Bach Communications, inc. Potential Future Goals and Obiectives Relative to Continued Economic Development Marketinq Activities in the City of Sebastian Mr. Chuck Wheeler presented a Power Point slide show relative to Patterson Bach marketing strategies for the City. 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 uniesc a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 1/12/05 Special Meeting B. Approval of Minutes - 1/12/05 Regular Meeting Authorize Final Paycheck and Payout for Terrence Moore, City Manager (HR Transmittal 1/13/05, Agreement, Amendment) Authorize Separation Agreement Between Captain David Puscher and the City of Sebastian (HR Transmittal 1/20/05, Agreement) Regular City Council Meeting January 26, 2005 Page Three 05.037 E. 3~37 Authorize the Use of Community Center by Indian River County Supervisor of Elections by Agreement for Polling Place, Precinct 103 (Public Works Transmittal 1/12/05, Letter, Agreement) 05.038 F. 39-92 Resolution No. R-05-01 Adopting an Amended Fiscal Year 2004/2005 Budget (Finance Transmittal 1/21/05, R-05-01, Memo, Status Reports, Schedules, Accomplishments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005 AS PROVIDED FOR IN EXHIBIT"A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 05.039 G. 93-111 Resolution No. R-05-04 Authorize Submission of Home Again Program Application to Florida Housing Finance Agency for Disaster Relief (GMD Transmittal 1/18/05, R-05-04, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR FUNDING FROM THE HOME AGAIN PROGRAM FROM THE FLORIDA HOUSING FINANCE CORPORATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 05.040 H. 113-116 Resolution No. R-05-05 Florida League of Cities - Support for Growth Management Issues (City Clerk Transmittal 1/19/05, Letter, R-05-05) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING GROWTH MANAGEMENT ISSUES DURING THE 2005 LEGISLATIVE SESSION. 05.041 I. 117-125 Authorize Lease Agreement for Office Space in Old Schoolhouse Between the Sebastian River Area Historical Society and City of Sebastian (City Attorney Transmittal 1/20/05, Lease) 05.042 J. 127-132 Authorize Lease Agreement for Office Space in Old Schoolhouse Between the Association for Retarded Citizens of Indian River County and City of Sebastian (City Attorney Transmittal 1/20/05, Lease) 05.043 K. 133-139 Authorize Amendment 1 to Lease Between Keep Indian River Beautiful and City of Sebastian (City Attorney Transmittal 1/20/05, Lease Amendment) 05.044 L. 141-148 Authorize Execution of Multi Agency Crime Enforcement Unit Agreement Renewal (City Attorney Transmittal 1/20/05, Agreement) Regular City Council Meeting January 26, 2005 Page Four 05.045 M. 149-154 Authorize the Pumhase of a 2005 Chevrolet Silverado Pickup Truck for Parks & Recreation Division from Garber Chevrolet in the Amount of $12,269.00 Based on Piggyback Prices From the Florida Shedffs Association (Public Works Transmittal 1/13/05, Bid) 05.046 N. 155-156 Authorize the Purchase of a Toro Z Master Z557 Series Model #74243 for Parks & Recreation Division from Wesco Turf Supply in the Amount of $6,632.60 Based on State Contract #515-630-03-1 (Public Works Transmittal 1/12/05, Quote) 05.047 O. 157 Authorize Contract Negotiations with WCG/Neei-Schaeffer, Inc., Highest Ranking Firm for Easy Street Renovation and Pedestrian/Bicycle Ways at Several Canal Crossings (Engineering Transmittal 1/18/05) Mayor McCollum removed items D and F. Mr. Barczyk removed items C, I, J K and O. On MOTION by Ms. Monier, and SECOND by Mr. Coniglio items A, B, E, G,H, L, M, and N were approved on a roll call vote of 4-0. Item C In response to Mr. Barczyk, the Human Resoumes Director explained a correction to a scrivener's error to reflect the year 2005, and that the payout is calculated by breaking down salary to an houdy rate times the accrued hours. Damian Gilliams objected to the payout. On MOTION by Mr. Barczyk, and SECOND by Mr. Coniglio, item C was approved on a roll call vote of 4-0. Item D Mayor McCollum explained that this is not a negotiated retirement but a separation agreement that will benefit both parties. On MOTION by Mayor McCollum, and SECOND by Mr. Coniglio, item D was approved on a roll call vote of 4-0. 4 Regular City Council Meeting January 26, 2005 Page Five Item F Mayor McCollum discussed the reflected additional code enforcement officer and explained the increase for "market adjustments" are actually anticipated routine salary increases. On MOTION by Mayor McCollum, and SECOND by Mr. Barczyk, item F was approved on a roll call vote of 4-0. Item I, J and K Following discussion on the concems with casualty insurance for the buildings and the specifics of liability insurance provisions, the proposed modifications to the KIRB lease were accepted except that the casualty insurance requirement would only be abated until hurricane damage was repaired, rather than deleted as proposed. It was agreed that the other two leases should be modified to be consistent with the KIRB changes. Motions were made as follows: On MOTION by Mr. Barczyk, and SECOND by Ms. Monier, items I and J with modifications were approved on a roll call vote of 4-0. On MOTION by Mr. Barczyk, and SECOND by Ms. Monier, item K with modifications was approved on a roll call vote of 3-0. (Mr. Coniglio stated a conflict of interest and abstained because he is an officer on the KIRB Board- see attached) Item O Council requested that future projects include a rate sheet of the competing firms with the transmittal. On MOTION by Mr. Barczyk, and SECOND by Ms. Monier, item O was approved on a roll call vote of 4-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS 05.013 159-173 Plannin,q & Zoninq Commission (City Clerk Transmittal 1/18/05, Code, Applications, List, Ad) Interview Unless Waived, Submit Nominations for Expired Reqular Member Position to Expire 2/1/2008 Regular City Council Meeting January 26, 2005 Page Six Mr. Coniglio nominated William Mahoney. Being the only nomination Mr. Mahoney was appointed. ii. Interview Unless Waived, Submit Nominations for Expired Alternate Member Position to Expire 1/1/2008 Mr. Coniglio nominated John Cakes. Being the only nomination Mr. Cakes was appointed. 9. PUBLIC HEARING - none. 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not othe~se on the agenda - sign-up required - limit of five rn~nutes each speaker Charles Bradley, said he paid an impact fee of $950 and asked for an explanation of the cost. The City Attomey explained the recreation impact fee and advised Mr. Bradley that he should not have paid the fee because he replaced a dwelling with a dwelling as opposed to improving an undeveloped lot. Mr. Bradley was advised to visit Mr. Stdnger for reimbursement. Andrea Coy gave a power point presentation alleging wrongful clearing of Ashbury Subdivision. Sal Neglia gave a presentation showing mulching of materials on Ashbury Subdivision. Damian Gilliams, Layport Ddve, read a letter previously submitted regarding the General Services Administrator and City Manager involvement with the new City complex, and requested an audit. Cathy Fulton, 249 Easy Street, thanked Mr. Moore for all he has done for the City of Sebastian, said the City must look to the future, and support the Chamber. Beth Mitchell, Director, Sebastian River Area Chamber of Commerce, requested that Council direct the City Attorney to readdress the standing Chamber lease agreement to include the adjoining area to be vacated by the Historical Society citing their very positive relationship with the City of Sebastian and need for additional office space. Peter O'Brien, Vice President, cited events and services provided by the Chamber of Commerce to the citizens, and urged that the lease be revised as requested by Ms. Mitchell; and thanked Mr. Moore. Regular City Council Meeting January 26, 2005 Page Seven MaryAnn Krueger, expressed concern for the environment. Mayor McCollum called recess at 8:15 p.m. and reconvened the meeting at 8:25 p.m. All members were present. 11, OLD BUSINESS 05.018 A. Discuss Acceptable Alternatives to Ordinance No. O-05-10 Ms. Monier said she brought this ordinance to Council but did not do it for any personal gain, citing that she has no intention of selling alcoholic beverages from her business and does not have adequate parking to serve alchohol from the business, stated that the residents and businesses need to coexist and perhaps a discussion of the issue can take place tonight and a conclusion can be reached for the good of the City. Mayor McCollum advised that this item failed because there were not three affirmative votes. Ron Thomas, 367 Main Street and pastor of the Sebastian United Methodist Church, cited the reasons this item was on the agenda, and noted that people affected were not invited to this discussion as was stated at the last meeting. Mayor McCollum advised that the motion on this issue had failed and thus the direction to notify affected property owners failed with it. Pastor Thomas said to change zoning to allow alcoholic beverage sales within 500 feet of a church is ludicrous, citing the sanctity of the church. Pastor Creel, Sebastian Baptist Church, objected to any change in the zoning ordinance. Andrea Coy said she advised that church members be notified, and then notified Pastor Thomas. She objected to any change in the ordinance. Oscar Loudermilk, said he and his brother built the Baptist Church and objected to any change. Sal Neglia asked why the churches were not notified and the Mayor explained that the ordinance failed. Damian Gilliams said people should be notified. Regular City Council Meeting January 26, 2005 Page Eight Ms. Monier said she spoke to the City Attorney about this and he said that he had already spoken to Pastor Thomas who intended to bring the local pastors to this meeting. She said that the City needs business in the riverfront area, that she hoped everyone can compromise in a way that can benefit everyone. She said she never intended that bars be allowed, rather fine restaurants, which will bring in a nice clientele and keep out bars and package stores. Bob Bruno, owner of the village in the CRA District, said he was looking to open a steak house and not a bar. He said he wanted to improve the community. Yvonne Collins said her life is the chumh and she wants her children to be taught in the chumh and not be tempted by bars. Michael Lyon, a pastor, said he would love to have a steak house but there are a lot of buildings that can be pumhased away from churches. Larry Mortz, member of Sebastian United Methodist Church, said the church is being planned for expansion, and asked the Council to protect members of the church. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, the 5 minutes per speaker rule was suspended on a voice vote of 4-0. The City Attorney said he had discussions with Pastor Thomas and knew that church representatives would be here tonight. He further advised that cities can no longer set out specific zoning locations for churches as was allowed in previous times, and now churches set up in many commercial locations and impact redevelopment with something like an Olive Garden. He cited Fellsmere recently went from 100 to 50 feet. Mr. Coniglio asked if there is a way that parties could get together and craft an ordinance that would be a compromise for everyone on this one location. The City Attorney said Council has to avoid spot zoning. Pastor Thomas apologized to Mr. Bruno noting that he did not know him, noting that he believed the change is only being considered for churches and not schools. He said established traditional churches offer the same programs to children as do schools and therefore the change should not be considered for churches. He said a storefront church is different than a traditional church, and noted that any restaurant has a bar. Regular City Council Meeting January 26, 2005 Page Nine The City Attorney said there is a state law regarding on site consumption of alcoholic beverage at schools and a prohibition of bars. Mr, Coniglio said he would like the two parties to meet to see if they can agree. Side/, Tape I/, (9:15 prn) Ms. Monier said she was hoping there could be a compromise that would allow the business community to develop in a healthy manner. Mayor McCollum asked if just beer and wine sales can be allowed and the City Attorney said it could. He said his preference would be that property dghts need to be considered, bars could be eliminated by allowing only beer and wine, and suggested a workshop be scheduled with notice to all interested parties. He cautioned that some groups that are recognized as churches can paralyze a city. Janet Perry asked why morals for children are not being considered. Sal Negiia asked if Mr. Bruno could survive without beer or wine. Damian Gilliams said he understands Mr. Bruno's hardship. Bob Bruno said this is a steakhouse and asked why morals are being addressed. It was the consensus of City Council to schedule a workshop on Thursday, February 10 at 6:30 p.m. and advertise two display ads prior to the workshop. Mayor McCollum called recess at 9:45 p.m. and reconvened the meeting at 9:50 p.m. All members were present. 12. NEW BUSINESS 05.048 175-177 Ao First Reading Ordinance No. O-05-11 Maximum Number of Vehicles Per Lot (City Attorney Transmittal 1/19/05, O-05-11 ) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE CHAPTER 98 TO LIMIT THE NUMBER OF CARS PARKED ON RESIDENTIAL LOTS OVERNIGHT; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. The City Attorney read the title and advised Council on previous ordinances to regulate the amount of vehicles allowed and problems encountered with enforcement. Regular City Council Meeting January 26, 2005 Page Ten On MOTION by Ms. Monier, and SECOND by Mr. Bamzyk Ordinance No. O-05- 11 was passed on first reading to allow four vehicles on paved surface and set public hearing for March 9, 2005 on a roll call vote 4-0. 13. CITY ATTORNEY MATTERS Thunderbird Drive The City Attomey described a modified agreement that assigns maintenance of the road to the family with a method of recourse if the City needed to repair the access road in lieu of insurance coverage, which is not available. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, staff recommendation was approved on a voice vote of 4-0. The City Attorney advised that the yard sale sign proposal requires changes to both the Code and the Land Development Code and that it would be on an upcoming Planning & Zoning Commission (P & 7) agenda, He also said the zoning changes for an overlay distdct would also be on an upcoming P & Z agenda. 14. CITY MANAGER MATTERS The City Manager thanked all City Council members, members of the public, and said he was happy to have had the opportunity to assist the City of Sebastian. 15. CITY CLERK MATTERS 05.049 Report on Canvassing Board Appointment and Official Ballot for March 8, 2005 Election The City Clerk reported on appointment of the Deputy City Clerk as the third Canvassing Board member, and covered six other issues (see report attached to these minutes). 16. CITY COUNCIL MATTERS A. Mayor McCollum tn response to Mayor McCollum, the City Attorney reported on the Ashbury Subdivision clearing, citing that there were certain alleged violations that can be addressed through citation process, appearance l0 Regular City Council Meeting January 26, 2005 Page Eleven before the Code Enfomement Board, or appearance before the Construction Board. Mayor McCollum said the "tree survey" was mentioned 27 times during the hearings by the developer and it was not done and the City is calling it an oversight. He said fines should be levied, growth isn't being watched, and hopes the Council will support him. Side II, Tape II (10:42 pm) Mr. Coniglio said he would back the Mayor and would like to see all the allegations and what is going to be done to rectify them, and would like to have the developer come before Council. The City Attorney said seven of the ten allegations are violable. On MOTION by Mr. Barczyk, and SECOND by Ms. Monier, the meeting was extended to 11 p.m. Mayor McCollum presented the City Manager with a desk set as a token of his appreciation and friendship and thanked him for all he has done for the City of Sebastian. It was the consensus of City Council to let the City Attorney and interim City Manager work together on amending the Chamber of Commerce's lease and bring a recommendation to City Council. B. Mr. Coni,qlio Mr. Coniglio commended Mr. Moore and wished him luck with his dream. C. Ms. Monier Ms. Monier explained that the City manager always told his son "If you touch it, it's yours" and one day she will remind his son of that, hoping the best for both of them; expressed her appreciation to Terrence and June Moore, a local teacher, for all she has done and gave Mr. Moore an official piece of US 1. She invited everyone to the Art and Music Festival this Saturday and Sunday. Regular City Council Meeting January 26, 2005 Page Twelve D. Mr. Barczyk Mr. Barczyk said Mr. Moore will always do well and thanked him for everything he has done. 17. Being no further business, the Regular Meeting adjourned at 10:35 p.m. Approved at the Regular City Council meeting. Nathan B. McCollum, Mayor ATTEST: Sally A. Maio, MMC, City Clerk City of Sebastian, Florida Subject: Approval of Special Event and Road Closures for 2005 Pelican Island Wildlife Festival Apprpved for Submittal by: ie~'re~anager Agenda No. Department Origin:~/~ PurchasinglContraCtin~: Finance Directo/~ City Attorney y/~..',~, City Clerk: Date Submitted: February 1, 2005 For Agenda of: February 9, 2005 Exhibits: None EXPENDITURE REQUIRED: None BUDGET AVAILABLE: N/A APPROPRIATION REQUIRED: None Back,qround Public Works and Police Department staff has met with representatives from Pelican Island Preservation Society (PIPS) and the U.S. Fish and Wildlife Service about logistics for the 2005 Pelican Island Festival. The Festival will be on Saturday, March 12, 2005 from 9AM until 4PM. Officials from PIPS and the Fish and Wildlife Service would like Council approval for road closures and City assistance for the event. The attached letter from PIPS outlines the logistics for the event. This year a 5K run is scheduled from 7AM to 8AM. The run will require closing Indian River Drive from Harrison St. north to the north City limit from 6 to 8AM. When the run is finished, Indian Drive from Sebastian Blvd. south to Harrison St. will remain closed until 5PM. SUMMARY Move to approve the 2005 Pelican Island Wildlife Festival at Riverview Park on Saturday, March 12, 2005 from 6AM to 5PM. Move to approve closing Indian River Drive from Harrison St. north to northern City limits from 6AM until 8AM on March 12, 2005 for the 5K run. Move to approve closing Indian River Drive from Sebastian Blvd. south to Harrison St. from 6AM until 5PM on March 12, 2005 Jan 31 OS O5:O~p Dmv~d Cox Consuitin~ 772-5B~-0540 p~i P.O. Bt>.,: 1903 Sebastian, F'lorida 32978 TO: The Honorable Members of the City Council, City of Sebastian THROUGH: Chris MeCarthy, Public Works FROM,' Dr. David Cox, President, Pelican Island Preservation Society DATE: January 31, 2005 RE: 21}05 Pelican Island Wildlife Festival, Saturday, March 12, 2005 REQUESTED SPONSORSHIP AND ASSISTANCE The 13th arm~aal Pelican Island Wildlfe Festival is planned for March 12, 2005, using Riverview Paxk, Once again Pelican Island Preservation Society (PIPS) and the U.S. Fish & Wildlife Service would appreciate the sponsorship of the City of Sebastian, and your gracious assistance. This team has a strong track record of working well logether to create memorable pazt festivals. This year marks the 103'~ Anniversary of the fbunding of Pelican Island Nmionai Wildlife Refiage, and of our Nation's National Wildlife Refuge System, and more than ever, we need m raise awaroness and support among our the public to help protect our wild places and wild life. To this end, we hope that the Cit~- of Sebastian will again serve as a Co-Sponsor of oar event. We believe this year', Festival will be the best ever, as we're planning it for a Saturday rather than a Sunday, and we're adding new activities, including a 5K Run & Walk ("Run for the Birds"). As usual, we have some specific requests for assistance thal we believe will help make the Festival safe and successful. These requ~ts follow. Jan 31 05 OS:03p David Cox Consultin~ ?72-564-0S40 REQUESTS FOR 5K RUN & WALK 1. The "Run for the Birds" is planned for ? a.m. - 8 a.m. We would like to have Indian River Drive closed for the even! from Harrison north to the City limits, starting at 6 a.m. 2. "Detour Ahead" signs placed at the fruit stand on the south, and someplace to the north of the City limits, would be helpful. 3~ Police and/or'volunteer assist~mce along the route would be greatly appreciated. 4. Pre- and Post-ran activities are planned to take place at Riverview Park. so we would like to start using the park around 6 a.m. on Saturday. PARK USE & CLOSURES I. We would hope to reserve Riverview Park from 6 a,m. - 5 p.m. on March 12, 2005 for the Festival. 2. We ask that the west ~A of the Cay Cot parking lo! be reserved for vendor mid staff use, and that it be set up with flagging, cones, and the like during the previous night, In the past boaters have generally used the eastern 1/3 or so of this lot during oar t~stivals. 3. We ask that Indian River Drive be closed fi'om C.R. 512 south to Harrison, as a matter of public satbV,. '. 4. We ask for the use oft. he "South Parking Lot" as our main event parking, and hope that it can be set up as in the past before March [2a'. Perhaps the parking layout now in piece can remain in place until our event? 5. We ask for asa of the pier area for vatioas kayak-related activ/ties. 6. We ask to use the boat ramp at the Yacht Club from about 9 a.m. - 4 p.m. in previous years we bare "closed" the rarup for Chris Pinson's boat,~. This year Chris has just one boat ready fbr the event, and we hope to work with the boating public, and share ramp use. We expect to locate volunteers at the ramp throughout the day, and ask for support from the police and/or volunteers. COORIHNATION As in past years, we anticipate coordinating with Cit?' staff before, during, mid after the Festix, al. We will need assistance with matters of public ,safety, sigaage, traffic routing, etc. We may have passed over some details, but know t.hat we can rely on our rapport with Staffto solve issues as they rise, and to work together to make this year's event a success that we can all be proud of. HO/YE OF PEL[CRN BLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: : City Manager 'l~renc~I~re ~ Agenda No. ~)~6~)(~Y ~'~ ~ Department Origin: Cit~ Ma~a~,er Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: 2/03/05 ]For Agenda of: 2/09/05 Exhibits: 1. Transmittal 2. Modification Forms 3. Activity Plan EXPENDITURE REQUIRED: J AMOUNT BUDGETED: APPROPRIATION REQUn~D: SUMMARY The Department of Community Affairs, Bureau of Community Development has granted the City of Sebastian a six (6) month grant extension (effective circa April 2005 until October 13, 2005) of the CDBG Neighborhood Revitalization Contract, with the stipulation that at the end of the six (6) month period, they will re-evaluate the Louisiana Avenue project and extend the period of time for an additional six (6) months, providing the project did not experience any further delays. RECOMMENDED ACTION Move to authorize the Mayor to execute the Depaxtment of Community Affairs CDBG Neighborhood Revitalization Contract Modification extending the CDBG grant for an additional six (6) months. February 2, 2005 ¢fllf 0F HOME OF PELICAN ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 · FAX (772) 589-5570 Ms. Debbie Boyette Department of Community Affairs Division of Housing and Community Development- CDBG 2555 Shummard Oak Boulevard Tallahassee, Florida 32399-2100 RE: Modification No. Two Request 03DB-1A-10-40-02-N34 Dear Ms. Boyette: We would like to take this opportunity to thank the Department for meeting with Ms. Kimberly Daniels, Jordan & Associates in an attempt to resolve a difficult situation being presented to the City of Sebastian. As was discussed, the City has had no options available to proceed with the construction of the above-referenced project without BellSouth first relocating their utilities. All efforts and possible solutions have been exhausted by City representatives and the selected contractor in an attempt to move forward. The City of Sebastian has been assured by Bellsouth that the relocation will now commence this month and be completed within a 120-day timeframe. The assurance letter from Bellsouth has been given to the Department in the referenced meeting. Additionally, as discussed, the contractor has graciously agreed to honor his bid and has indicated the project will take approximately 210 days. That being relayed, the City is placed in a position to respectfully request a one-year time extension. It is our understanding that an initial justification was presented by Department staff and that the determination was to grant a six-month extension, to be reviewed near the end of said time frame. We also understand the concerns of the Department to ensure Bellsouth and the City have no further delays that could potentially cause unfavorable results. Therefore, the City respectfully requests a modification to the Activity Work Plans and a six-month extension to the contract, making an end date of October 13, 2005. The modification does not change beneficiaries, accomplishments or scope of work. We thank you in advance for your prompt attention to this matter. If you have any questions or need further information, please do not hesitate to contact Mr. Dave Fisher, City Engineer at 772-589-5490 or Ms. Kimbedy Daniels, Jordan & Associates at 904-424-7943, City Manager Enclosures CC: Jordan & Associates David Fisher, City Engineer "An Equal Opportunity Employer' Celebrating Our 75th Anniversary Attachment 1 MODIFICATION # 2 TO GRANT AGREEMENT BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND GRANTEE NAME: CITY OF SEBASTIAN This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, ("the Department"), and City of Sebastian ("Recipient"), to modify DCA Contract Number 03DB-1A-10-40-02-N34 ("the Agreement"). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrent of $700,000 to Recipient under the Small Cities Community Development Block Grant ("CDBG") Program as set forth in the Agreement; and WHEREAS, the Recipient has requested an extension to the period of the Agreement; and WHEREAS, the Department and the Recipient desire to modify the Agreement by modifying Attachment B, Activity Work Plan section thereunder. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: Paragraph 3 of the Agreement is hereby revised to reflect an expiration date for the Agreement of October 13, 2005. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan, which is attached hereto and incorporated herein by reference. All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the last execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out herein. DEPARTMENT OF COMMUNITY AFFAIRS By: Name: Janice Browning, Division Director Housing and Community Development DATE: RECIPIENT: City of Sebastian BY: Name: Nathan McCollum Title: Mayor DATE: flOM~ O~ PELiCA~ ~ CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval of Funds for more sign Agenda No. t') 3. ~;' ~ Replacement damaged by hurricanes and to . be reimbursed by FEMA and State of Department Origin: Engi~eerin~ ~')i h& Florida ~ Purchasing/Contracting: Finance Director~ ~ -~_ __ ~p~oved.for S~b ~mitt~ by: City Attorney: (~ _ ( ~//,~~' '-~.._a.-,~ ~ // City Clerk: '" Date Submitted: February 1, 2005 Terrence R.~oore ~ For Agenda of: February 9, 2005 Exhibits: Cost spreadsheet for signs EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE: REQI. RllED: $94,820 BUDGETED: None REQUIRED: $4,741 90% FEMA 5% STATE 5% City Emergency fund reserves SUMMARY The City of Sebastian Sign shop will require additional funds in order to complete the installation of signs damaged by the humcanes. The attached spreadsheet shows how many signs remain to be installed, the type and the cost of each. There would be three (3) purchase orders issued from this approval to Universal signs, 3M, and Allied Tube and Conduit - all of whom either have current contracts with the City or from whom we purchase off a Florida State Contract. The sign shop personnel are working to replace the signs in. the City damaged by the most recent hurricanes and this request represents the expected final request for the areas still to be completed. Funds approved per this request can be submitted to FEMA for reimbursement due to storm damage. RECOMMENDED ACTION Move to approve the expenditure and appropriate the necessary funds to complete the sign installations damaged by the hurricanes in the amount of $94,820. HOM~ OF PEUCAN ISLA..MD CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Portable Radios Agenda No. ff?~m'. C~e] Department Origin: Police ~ Chief of Police: General Services Administrator: Finance Director.L ~ ~/~..~ City Attorney: City Clerk: Date Submitted: January 26, 2005 For Agenda of: February 9, 2005 Exhibits: Price Quote. EXPENDITURE REQUIRED: Patrol Division -$16,102.50 AMOUNT BUDGETED: $17,500.00 APPROPRIATION REQUIRED: -0- SUMMARY In October 23,2001, the State of Florida entered into a twenty (20) year contract (State Contract No. 725-001-01-1 administered by the State Technology Office) with M/A-COM Wireless Systems, Inc. to develop and implement a Statewide Law Enforcement Radio System 800 MHz. The contract allows all local governments to purchase, at the contract prices, product lines and accessories that will operate in the statewide system. M/A-COM Wireless Systems, Inc. indicates that orders to acquire their products have to be made through Communications International, Inc. of Vero Beach, their local Manufacturing Representative. Due to the age and maintenance of existing radios it is necessmy to continue to replace them. A replacement schedule each year will replace the current inventory. The existing radios are becoming outdated and are being replaced with modem lighter units. Technology is ever changing and the purchase of these radios will bring us up to date with the most current radios. Three (3) of these radios were purchased in the 2003/2004 budget year. This is a continuation of that process. RECOMMENDED ACTION Move to approve expenditure of $16,102.50 for the purcha~ of six (6) radios from Communications International, Inc. MMUNICATIONS INTERNATIONAL, INC. Indian River County. FL - Coroorate Headnuartem 4450 US Highway 1, Veto Beach, FL 32967 772-569-5355 Toll Free: 1-888-275-4244 Brevard Coant~, FL Holl,amod. FL Marianna. FL Princeton, NC Tallahassee. FL 321-636-9885 954-967-4349 850-482-3107 9t9-936-9937 850-575-5004 Collier County. FL Lvnchbur~ VA Miami. FL Tampa. FL Volusia County. FL 941-430-3892 434-845-3170 305-885-1585 813-887-1888 386-761-9999 Name: Sebastian Police Department Attention: Bob Lockhart Address: 1201 Main Street Phone: (772) 589-5233 ext 8526 City, State: Sebastian, FL Fax: (772) 589-2207 Zip: 32958 Date: October 27, 2004 Iterr Qt7 Model Description Unit Pflce Total 1 6 H'l'7150S81X P7150 800Mhz Scan Unencrypted $1,350.0(~ $8,100.00 2 6 HTED EDACS Tmnking Operation $821.25 $4,927.50 3 6 HTCC Emergency and Dynamic Feature $150.0(3 $900.00 4 6 HTPL3R Feature, 800 System/Groups $150.0(3 $900.00 5 6 EXC806MD Antenna $15.0~ $90.00 6 6 ClI-JAG-XHC Battery $75.0(3 $450.00 7 6 HTHC7P Belt Clip $11.25 $67.50 8 6 HTCH9E Rapid Charger $86.25 $517.50 9 6 Programming $25.0~ $150.00 Note Shipping & Handling Purchase Order To: COMMUNICATIONS INT'L, INC. Sub Total $16,102.50 44.50 US Highway I Sales Tax Iveto Beach, FL 32967 ] TOTAL $16,102.50 ~ Fax: 772.567-2292 I Deposit All warranties are manufactures' warranties Balance Due $16,102.50 All ordem are subject to shipping & handling charges and will be added to the Invoice Presented by Maureen Capp T'~le District Sales Manager Pdces in effect for 30 DAYS Accepted By Proposal #[ MC102704SPD ] City of Sebastian, Florida OFFICE OF THE CITY' AGENDA TRANSMITTAL Agenda No. Subject: authorization to hire appraiser; Stormwater project Date Submitted: 2/3/05 For Agenda of: 2/9/05 SLrMMARY: One of the capital improvements of the stormwater master plan involves creating a ponding facility at the southern end of Laconia. The property on the west side adjacent to the South Prong is under development review, and a design for the facility has been underway. The property owner has been cooperative, but looks to be paid the market value of the land. The first step in the acquisition is to obtain an appraisal of the parcel. Since the property is being subdivided, the appraisal will not be a simplified one. Estimated cost is in the range of five to nine thousand. Expenses would be paid from the stormwater utility bond. RECOMMENDED ACTION: Authorize City Attorney to retain an appraiser for the Kozlowski property at the south end of Laconia with a maximum cost of $10, 000. REVIEWED BY CITY CLERK: ~-~' [ '-A~/ AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGE '~O~/f~bj City of Sebastian, Florida OFFICE OF THE CITY' ATTORgESr AGENDA TRANSMITTAL Agenda No. Subject: Non-profit leases for Old Schoolhouse; Casualty insurance requirements Date Submitted: 2/3/05 For Agenda of: 2/9/05 SUMMARY: There seems to have been some confusion as to the request made by KIRB concerning insurance coverage for the premises leased to them at the former City Hall complex. While it is their preference that the City delete the requirement for casualty insurance completely, if that is not the will of Council, a substantial economic savings for the agency will be realized if the City maintains the buildings on its existing policy and passes the cost of the premium on to the agency. This arrangement would also be preferable to the other two non-profits leasing space at the Old Schoolhouse complex. RECOMMENDED ACTION: At Council's discretion, either: A. Move to authorize an Amendment to the KIRB, ARC and Historic Society leases to remove the requirement of casualty insurance; or Move to authorize an Amendment to the KIP, B, ARC and Historic Society leases to provide that the City maintain casualty insurance on the premises and pass the costs of premiums to the non-profits proportionally. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: Keep Indian River Beautiful Inc. Reusable Resource Center Recovem/ January 27, 2005 Board of Directors: Presidenl Cheo,l Cummins [free President Ray Coniglio Secretary Sarah Nichols Treasurer Elsbeth Eibs Dear Mayor & Council Members: Thank you for your vote on Wed. January 26th in support of Keep Indian River Beautiful regarding the insurance issue. We are grateful that we can now occupy the build'rog. Genia Bradwell Teddy Floyd George Geletko Sara Hayes Michael H~ghes ~limmy Rose Paul Smith Donna Sayder Nancy Wood City of Sebastian Former Mayor Waiter Barnes Indian River Count), Commissioner Art Neuberger On the backup that you were given for that agenda item (32), you did not receive the letter that we wrote to the city manager. Please see attached letter, exhibit A. So you did not know that we were asking for the city to keep their casualty insurance coverage on their building pcm2anenfly. We will keep our $200,000 liability for the building; we also have 2 million general aggregate liability insurance, 1 million personal & advertising liability insurance and a $10,000 medical expense liability policy. We also have Board of Directors insurance. As you can see we are a responsible non-profit with adequate insurance coverage. This building is on the city municipal complex, so it is different from the Chamber of Commeme lease. We plan to take very good care of the building. We will do what our name implies, Keep Indian River Beautiful; there isn't a more beauffful area in the county than Sebastian. We will help you to keep it that way and will partner with the city on many projects. We are the type of non-profit that will better the community because we are here. We do some work that no one else likes to do, we do it well and we make it fun for the volunteers. We are not budgeted for casualty insurance. The city of Vero did not make us pay for casualty insurance on the city's building, nor did Indian River County. Please forego the casualty insurance for Keep Indian River Beautiful. If we have to pay the insurance we would have to cut projects ,out of our budget. That would take away Keep Indian Rther Beautiful Inc. is a 501 (c)3 nonprofit organization and an affiliate of Keep Florida Beautiful and Keep America Beautiful We are regi,~tered with the State of Florida Dept. of Agricultttre& Consumer Services (Ctt-12797) and 100% of your donations directly benefit our programs. Founding Sponsors: Burger Kings of the Treasure Coast, Cio of Veto Beach, Disaey's Veto Beach Resort, Florida Department of Environmental Protection, Florida Inland Navigation District, Waste Management, Indian River Coun~ Solid Waste Disposal District and Treasure Coast R¢fi~se Co~9. P.O. Box 973, Vero Beach, FL 32961 PHONE: (772) 978-0722 FAX: (772) 978-0432 KeeplRBeautiful ~aol.com This paper is made from 30% post-consumer recycled paper. CLOSE THE LOOP - BUY RECYCLED. EMAIL: from the money that we would use to beautify the community. So, either way, we are paying. If we were not required to pay casualty insurance we would be able to do more community projects. Should you elect to make us pay for the City's casualty policy, we will reimburse the city. Thank you for your consideration. If you have any questions, please do not hesitate to ask myself, or Sherry Hamlin, the Executive Dkector, at KIRB 978-0722. Carolyn Corum 3R's Program Coordinator Keep Indian River Beautiful Inc. is a 501(c)3 nonprofit organization and an aJjCtliate of Keep Florida Beautiful and Keep America Beautiful ~ We are registered with the State of FlorMa Dep~ of AgrJatttiure& Consumer Services (CH-12797) and 100% of. your donations directly benefit our program& Founding Sponsors: Burger Kings of the Treasure Coast, City of Veto Beach, Disney's Veto l~each Resort, Florida Department of Environmental Protection, Florida inland Navigation District, Waste Management, Indian River County Solid Waste Disposal District and Treasure Coast Refuse Corp. P.O. Box 973, Vero Beach, FL 32961 PHONE: (772) 978-0722 FAX: (772) 978-0432 KeeplRBeautiful~aol.com This paper is made from 30% post-consumer re~led paper. CLOSE THE LOOP - BUY RECYCLED. EMAIL: January 3, 2005 Mr. Terrence Moore City Manager 1225 Main Street Sebastian, FL 32958 Dear Terrence: Keep Indian River Beautiful is a very small nonprofit organization with limited funds. The City of Sebastian has been so kind as to let us use one of their annex buildings for our new office as our present location will be demolished to build the new county administration facility. The lease agreement that we signed with the city is requiring that we have full casualty insurance on the entire structure, inside and out. The price of this would be cost prohibitive to such a small organization as ours. Presently we have liability and fire on the facility we use. In checking with several insurance companies I have come across the following observations: that, in general, businesses do not have to carry full coverage on the entire structure when the building is owned by another person/business; and that no insurance company will take on a new policy with a building that has current damages, the facility has to be in good ~epaix. Thus, they will not consider covering the City Hall annex we are to move into until all the hurricane damage has been completely repaired and they have inspected it. Keep Indian River Beautiful would sincerely appreciate k if, under the circumstances, the terms of the lease can be adjusted to make accommodations for our organization. We cannot move forward in our effort to relocate until this has been resolved and the county's need for us to vacate is imminent (we were actually supposed to be out several months ago). We are requesting your assistance in this matter. Thank you. Sincerely, Sherry Hamlin Executive Director, Keep Indian River Beautiful - EXIBIT A -