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Home My WebLink About09252002 REGULARCITY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 25, 2002 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK 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 ten minutes per speaker (R-99-21) 1. Mayor Barnes called the Regular Council Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Pastor Lillegard of Trinity Lutheran Church. 3. ROLL CALL City Council Present: Mayor Walter Barnes Mr. Joe Barczyk Mr. Ray Coniglio City Council Absent: Vice-Mayor James Hill (excused) Mr. Ed Majcher (excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Finance Director, Mark Mason Police Chief, Jim Davis General Services Director, Paul Wagner Airport Director, Jason Milewski Human Resources Director, Jim Sexton Regular City Council Meeting September 25, 2002 Page Two 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) The City Manager, after providing backup (see attached) requested addition of the following four items to the consent agenda as items M, N, O and P: M. Authorize Staff to Accept the FAA Grant Agreement in the Amount of $921,000 Pending Legal Review and Execute by September 30, 2002 N. Authorize Appropriation of $35,000 for Lighting and Workout Area Improvements to Hardee Park O. Authorize Change Order to Regan Masonry Contract for Pelican Island Bike Path in the Amount of $5,640 and Appropriate $8,940 P. Approve St. Johns River Water Management District Change Order#4 to Contract 96W257 - Surface Water Drainage Management Plan - Extension of Completion to December 10, 2002 MOTION by Coniglio/Barczyk "I make a motion we add items M, N, O and P to the consent agenda." ROLL CALL: Mayor Barnes - aye Mr. Hill - absent Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - absent MOTION CARRIED 3-0 6. SPECIAL HEARING FY 2002/2003 MILLAGE/BUDGET 02.130 Resolution No. R-02-39 - Adoption of Milla,qe Rate for Calendar Year 2002 (Finance Transmittal 9/17/02, R-02-39) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 4.5904 MILLS FOR THE CALENDAR YEAR 2002 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-02-39 by title and Mayor Barnes opened the public hearing at 7:08 p.m. The City Manager stated this is the millage rate discussed at previous meetings. Herbert Munsart, stated he had a question but the Finance Director answered him prior to the meeting. He asked the council to keep in mind that many people are having a hard time making ends meet. Regular City Council Meeting September 25, 2002 Page Three Eugene Wolf, objected to the 23% increase in taxes. The Finance Director said the 23% increase is in the overall proposed budget and includes all funds which are derived from general revenue, special revenue, debt service fund and capital improvement fund and enterprise funds. He stated that the proposed tax rate is 4.5904 mills which is the same rate as the current year. The City Manager further reiterated that this millage rate is the lowest rate in the last sixteen years and that growth gives the City the ability to lower the rate. Mayor Barnes invited Mr. Wolf to stay to hear input relative to future programs for the City. Mr. Coniglio also noted these programs add to the quality of life of the citizens of Sebastian and the discretionary sales tax covers 40% of capital improvements costs. Being no further input, Mayor Barnes closed the public hearing. MOTION by Coniglio/Barczyk "1 move to adopt Resolution R-02-39 establishing the millage rate of 4.5904 mills for calendar year 2002." ROLL CALL: Mr. Hill - absent Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - absent Mayor Barnes - aye MOTION CARRIED 3-0 02.130 Resolution No. R-02-41 - Adoption of Budqet for Fiscal Year 2002/2003 (Finance Transmittal 9/17/02, R-02-41, Schedule A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AND AIRPORT FUND AS PROVIDED FOR IN SCHEDULE "A", ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting September 25, 2002 Page Four The City Attorney read Resolution No. R-02-41 by title and the City Manager reiterated the Finance Director's previous input would apply to this item. There was no additional public input. MOTION by Coniglio/Barczyk "Move to adopt Resolution R-02-41 ." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - absent Mayor Barnes - aye Mr. Hill - absent MOTION CARRIED 3-0 6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS 02.198 A. National Arts and Humanities Month Arts Education Proclamation Mayor Barnes read the proclamation and presented it to Mary Jane Kelly, Director of the Cultural Council. 02.199 B. National Domestic Violence Awareness Proclamation Mayor Barnes read the proclamation. 02.200 C. St. John's River Water Manaqement District Stormwater Passive Park 02.044 Ralph Brown, St. John's River Water Management District, Project Manager of the Stormwater Park, briefly updated City Council on park delays due to the presence of gopher turtles and responded to questions from City Council. D. REG Architects, Inc. Presentation - City Hall Rick Gonzales, REG Architects, Inc. presented a conceptual plan for a proposed new City Hall complex. The City Manager discussed the fact that the existing City Hall was a school and was never intended as a City Hall facility, and said the project can be accomplished with use of discretionary sales tax, if passed, and would not create the need for use of ad valorem taxes. He further discussed the use of the existing building by the community. Adrina Davis, Sebastian, inquired about the state grant funds to restore the existing building and the City Manager reported the grant had been obtained. Regular City Council Meeting September 25, 2002 Page Five Mr. Barczyk inquired about the time frame. The City Manager said he intends to offer a further recommendation in November after the question of the discretionary sales tax is decided. TAPE I - SIDE II (8:04 p.m.) Mr. Gonzalez responded to Mr. Coniglio's questions about the conceptual design. I.e., shared facilities, access. Mr. Coniglio suggested an open house to invite the public to visit City Hall offices to see the need for a new building. Mayor discussed the need for public facilities to accommodate other types of recreation. 02.201 Clarification Relative to Concerns about Establishinq a SWAT Unit in the Sebastian Police Dept. The City Manager said there has never been any proposal to establish a SWAT team and that any references to the need for emergency training for officers were taken out of context. Chief Davis stated he never proposed a SWAT team, however, he would like to have a special response team in place by next October, described the team as a group who, on their own time, exercise and train themselves to be able to respond in an unusually dangerous situation. He further said it is a normal function of police departments to respond to these types of situations and that officers must be prepared to respond. He noted that the canine and motorcycle patrols had been donated to the City and that he is fiscally responsible, and had been approached by people who wish to donate funds for a special response team. Sal Neglia asked how many people will be on the team, and the Chief said Sebastian had a team of this type in the past, that he cannot assign officers and they must volunteer and that currently 12 officers have volunteered. Adrina Davis addressed Council. F. Summary Presentation by Sebastian Clambake Foundation Inc. The City Attorney reported on the festival and plans for next year which will have a more formal corporate structure. He said the executive council will consist of a representative of each corporation, in the City's case this would be the Mayor unless he designated someone else. He described the events that would come back for next year, and new events planned. He said they netted $42,000 to $45,000 and of that the first 25% up to $5000 gOes to the next year reserve and above $5000 up to 75% goes to the beneficiary, and talked about setting up a trust fund for the beneficiary. Regular City Council Meeting September 25, 2002 Page Six Mayor Barnes called recess at 8:25 p.m. and reconvened the meeting at 8:42 p.m. All members present at roll call were present when the meeting reconvened. 5. 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 - 9/12/02 Regular Meeting 02.177 Contract for Video Broadcasting Services with Barbour Multimedia Productions (City Clerk Transmittal 9/902, Letter, Agreement, Letter, Agreement, List, Sheet) 02.202 Co Approve Purchase of Municipal Code Corporation Laserfiche Document Imaging Software (City Clerk Transmittal 9/9/02, Letter, Quote Sheet, SNAPS Agreement, Letter, Agreement, Price List, Sheet) R-02-44 Repeal of Water Shortage Emergency (City Clerk Transmittal 9/19/02, R-02-44) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, LIFTING EMERGENCY WATER RESTRICTIONS; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 02.203 Authorize the Execution of an Agreement with L.J. Craig & Assoc. to Develop a Sergeant's Promotional Exam in the Amount of $9,500 (HR Transmittal 9/17/02) 02.204 Approve Purchase of Transmitting and Recording Equipment from Audio Intelligence Devices at the Government Price of $8,371.10(PD Transmittal 9/17/02, Purchase Requisition) 02.205 Approve Indian River Drive Crosswalks (Engineering Transmittal 9/16/02, Bid Tabulation) 02.118 Approve the Purchase of Microsoft Software Licenses form Software House International in the Amount of $17,672.36 Pursuant to State Contract No. 255-001 - 01-01 (Finance Transmittal 9/19/02, Quote) 02.206 Approve CWA and City Fundraising Picnic A/B at Community Center and Waive all Fees for the Event (City Clerk Transmittal 9/17/02, Application) 02.207 Jo Authorize the City Manager to Execute an Agreement Between the City of Sebastian and Florida League of Cities for Workers' Compensation Insurance and Property, Casualty and Liability Coverage (Finance Transmittal 9/19/02, Analysis) Regular City Council Meeting September 25, 2002 Page Seven Approve LPA Group, Inc. Work Authorization #10 for Airport Administration Building Design-Build Package in the Amount of $66,406.00 (Airport Transmittal 9/19/02, Scope, Estimates, Cost Breakdown) Approve LPA Group, Inc. Work Authorization #11 and #12 for Perimeter Fence Bidding and Construction Services in the Amount of $7,652. and $7,536. Respectively (Airport Transmittal 9/19/02, Scope, Cost Breakdown) 02.214 M. Authorize Staff to Accept the FAA Grant Agreement in the Amount of $921,000 Pending Legal Review and Execute by September 30, 2002 02.215 N. Authorize Appropriation of $35,000 for Lighting and Workout Area Improvements to Hardee Park 02.216 O. Authorize Change Order to Regan Masonry Contract for Pelican Island Bike Path in the Amount of $5,640 and Appropriate $8,940 02.217 P. Approve St. Johns River Water Management District Change Order#4 to Contract 96W257 - Surface Water Drainage Management Plan - Extension of Completion to December 10, 2002 The City Attorney read R-02-44 by title. Eugene Wolf, 757 Wimbrow Drive, objected to the installation of lights in Lake Hardee Park (new item N), due to lack of use of the park by people at night and the threat of West Nile virus. The City Manager said the item is simply a funding dynamic and there will be an opportunity for people to express themselves in regard to specific improvements at a future Council meeting. MOTION by Barczyk/Coniglio "1 move to approve consent items A-P." ROLL CALL: Mr. Coniglio Mr. Majcher Mayor Barnes Mr. Hill Mr. Barczyk - aye -absent - aye - absent - aye MOTION CARRIED 3-0 7. CITY A'n'ORNEY MATTERS Reported that DCA's objection to the Kirrie issue had been withdrawn which means the City's comprehensive plan is in compliance. Regular City Council Meeting September 25, 2002 Page Seven 11. PUBLIC HEARING - None 12. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC - None 13. COMMITTEE REPORTS/RECOMMENDATIONS - None 14. OLD BUSINESS - None 15. NEW BUSINESS 02.080 A. 02.213 Approve Contract with Henry Iler of lPG, Inc.1 Consulting Services for Revising the City's Comprehensive Development Plan (GMD Transmittal 9/18/02, Scope) Henry Iler addressed City Council relative to their experience with cities throughout Florida. In response to constituents who have contacted Mr. Coniglio as to why the City hires outside people to do this service, Mr. Iler said three planners, a traffic engineer, and an infrastructure engineering firm would be needed to accomplish what a consulting firm can accomplish relative to the comprehensive plan. MOTION by Barczyk/Coniglio "I'd like to recommend move to authorize the staff to execute a contract with Henry Iler, ok, the Iler Planning Group in the amount of $90,000 tasks 1-8 of the attached amended proposal to revise the comprehensive development plan for the City of Sebastian." ROLL CALL: Mr. Majcher - absent Mayor Barnes - aye Mr. Hill - absent Mr. Barczyk - aye Mr. Coniglio - aye MOTION CARRIED 3-0 Resolution No. R-02-43 - Establishin.q a Safety Incentive Proqram (Finance Transmittal 9/19/021 R-02-431 Policy & Examples) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ESTABLISHING A SAFETY INCENTIVE PROGRAM; PROVIDING FOR FUNDING; ESTABLISHING COVERED EMPLOYEES; ESTABLISHING A POLICY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-02-43 by title. Regular City Council Meeting September 25, 2002 Page Nine The Finance Director and Human Resources Director described the proposed program to establish a safety incentive program to reduce workers' compensation claims. Bill Germann, discussed Dupont employee safety incentives. MOTION by Coniglio/Barczyk "Move to adopt R-02-43." ROLL CALL: Mayor, Barnes - aye Mr. Hill - absent Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - absent MOTION CARRIED 3-0 8. CITY MANAGER MAn'ERS 02.210 A. Seekin.q Direction Re.qardin.q Indian River County Traffic Impact Fee Financial Proposal (Information Letter, Mr. Baird's letter) TAPE II - SIDE I (9:15p. m.) The City Manager recommended approval as long as the program does not interfere with the City's certificate of occupancy issuance program. City Council concurred. 9. CITY CLERK MATTERS Thanked City Council for approval of the video broadcast agreement with Barbour Multimedia Productions and introduced Bob and Corey Barbour. 10. CITY COUNCIL MATTERS A. Mr. Hill Absent. B. Mr. Majcher Absent. Co Mr. Barczyk Expressed concern for the right-of-way mowing program currently being conducted by a private contractor. The City Manager said he was aware of the problem and responded that the City's street sweeper helped clean up excess cut grass and hopefully this will not be a problem in the future. Regular City Council Meeting September 25, 2002 Page Ten Mr. Coni,qlio None. 02.211 Mayor Barnes I. Notice from US Army Corps of Engineers Relatinq to Pelican Island Ecosystem Restoration Discussed a letter regarding islands 4, 5 and 6 in the Indian River Lagoon which advises the Corps' intent to utilize sand from them to bulk up Pelican Island. The City Manager said he will contact the Army Corps of Engineers and will offer an opportunity for a public presentation on the issue. Reported that the public is using the City's dumpsters for their garbage and has found out it is illegal. He suggested an ordinance stating this is illegal and asked for Council's input. Mr. Barczyk and Mr. Coniglio concurred with an ordinance. They asked the City Attorney to draft an ordinance. Bill Germann said a lot of citizens use the islands and suggested the Army Corps of Engineers do some dredging instead. 02.212 II. Council Assignment for Future IRC Commission Meetinqs Barnes - October Coniglio- November Hill- December Barczyk - January Majcher- February Barnes - March 16. Mayor Barnes adjourned the meeting at 9:35 p.m. Approved at the oc tobe~: 9 th ,2002 Regular Council Meeting. W~.,..[, Barnes, Mayor ~ A."~lo,~VC.'.~C,ty Clelk City Clerk SPECIAL HEARING FY 2002/2003 MILLAGE/BUDGET - 9 / 25/02. Resolution No. R-02-39 - Adoption of Millaqe Rate for Calendar Year 2002 (Finance Transmittal 9/17/02, R-02-39) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 4.5904 MILLS FOR THE CALENDAR YEAR 2002 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-02-41 - Adoption of Budqet for Fiscal Year 2002/2003 (Finance Transmittal 9/17/02, R-02-41, Schedule A) A RESOLUTION OF THE CITY COUNCIL OF'THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AND AIRPORT FUND AS PROVIDED FOR IN SCHEDULE "A", ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. NAME NAME/ / ~ ^ ~,D. DRESS , ../ - -v,~. , ADDRESS. . ,, ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET SEPTEMBER 25, 2002 REGULAR MEETING "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA*- LIMIT OF 10 MINUTES PER SPEAKER If the item on which you wish to speak is on the printed agenda, do not sign this form. The Mayor will call for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: