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HomeMy WebLinkAbout10092002 REGULARCITY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 9, 2002 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Father Noel McGrath, St. Sebastian Catholic Church. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor James Hill Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. Ray Coniglio Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Records Management Specialist, Jennifer Maxwell Finance Director, Mark Mason Police Lieutenant, Eugene Ewert Public Works Director, Terry Hill General Services Director, Paul Wagner Engineering Tech, Brian Grzesiak Regular City Council Meeting October 9, 2002 Page Two 02.221 02.186 02.222 02.223 02.218 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 cited amendments to consent items'as follows: -Item K's motion should read to close a portion of Indian River Drive from Davis Street to Main Street to allow the implementation of the public/private partnership safety crosswalk program -Item G, circle page 30, the progress report date should read November 1, 2003 instead of November 1,2002. 6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS A. Certificate of Appreciation to Jim Morris for Construction Board Service Mayor Barnes read the certificate, however, Mr. Morris was not in attendance to accept. 7. 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 - 9/25/02 Regular Meeting Bo Authorize the City to Purchase Dinner Tickets for Council Members and Charter Officers Attendance to Treasure Coast Council of Local Governments Banquet, November 8, 2002 (City Clerk Transmittal 10/3/02, Invitation) Co Authorize the Expenditure of $119,135.50 to Asphalt Recycling and $308,545.33 to Dickerson Florida, Inc. for Paving Based on Piggyback Prices from Indian River County Contract (Engineering Transmittal 9/30/02, List) Authorize Staff to Appropriate Funds and Award Contract to Flinn Construction in Amount of $13,404. for Restroom Repairs (Engineering Transmittal 10/3/02, bid) Waive Formal Bid Procedures and Approve the Purchase of Gymnastic Equipment in the Amount of $12,914 from Lightning City Gymnastic Equipment (Public Works Transmittal 9/30/02, Quote) Authorize the City Manager or His Designee to Execute Independent Contractor Agreement for Recreational Activities When Necessary (Finance Transmittal 10/2/02, Agreement) Regular City Council Meeting October 9, 2002 Page Three 02.007 02.164 02.219 02.176 02.205 02.012 Go Authorize the City Manager to Execute a Cooperative Agreement between the US Fish and Wildlife Service and the City of Sebastian Depicting Various Responsibilities Associated Centennial Celebration (City Manager Transmittal 10/2/02, Agreement) Consider the Purchase of Right.of-Way for Jackson Street Project In the Amount of $162,204.00 (GMD Transmittal 10/2/02, Contract) Resolution No. R-02-15 Vacation of Easement - Mulford - Lot 8, Block 339, Unit 13 (GMD Transmittal 10/2/02, R-02-45, Staff Report, Map, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 8, BLOCK 339, SEBASTIAN HIGHLANDS UNIT 13; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Jo Authorize Change Order 1 to Fishels Contract in the Amount of $9,639.08 to Install Fiber Optic Cable (Finance Transmittal 10/2/02) Authorize Staff to Take Appropriate Measures for Notification to Close Indian River Drive for up to 4 ~ Days to Install New Crosswalks (Engineering Transmittal 10/3/02) Authorize Staff to Close Indian River Drive for Down's Connection Buddy Walk on October 19, 2002 from 9:30 am to 11:00 am (Parks Transmittal) The City Attorney read Resolution No. R-02-15 and it was noted that item B included approval for charter officers to attend. Mr. Hill removed item D for discussion and Mayor Barnes removed item K on behalf of a citizen. MOTION by Barczyk/Hill "1 move to approve items A-L, excluding D and K and include modifications to item L." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye MOTION CARRIED 5-0 Regular City Council Meeting October 9, 2002 Page Four Item D Mr. Hill asked for an explanation for the public's benefit on why additional money and another contractor was needed for the bathrooms. The City Manager stated that the City closed out with the original contractor under price and set aside payment for a future contractor to take care of improvin(. the bathrooms. MOTION by Hill/Coniglio "1 move approval." ROLL CALL: Mr. Majcher Mayor Barnes Mr. Hill Mr. Barczyk Mr. Coniglio - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Item K Rich Taracka asked why the City was providing crosswalks for businesses and the Mayor and City Manager responded that it is the City's responsibility to protect the public. Sal Neglia said he had been informed that Engineering had been requested to install crosswalks, and asked about the need for them. Mr. Hill said he felt it was a public safety issue and agreed it is the City's job to protect the public while they cross Indian River Drive. Herb Kravitz asked if businesses have any responsibility in providing safety measures for their customers. Elaine Palumbo said most places share the cost with the City. Rex Clifford talked about liability issues. The City Attorney responded that if there is no crosswalk, that is not a problem but if installed and not maintained there could be a problem. John Saltvedt, asked why they have to be fancy brick walkways. Engineering Technician, Brian Grzesiak, responded that the crosswalks were constructed of concrete. 4 Regular City Council Meeting October 9, 2002 Page Five MOTION by Coniglio/Hill "1 think we're responsible for the health and welfare and safety of our community, with that in mind, I like to move to approve item K." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 5-0 8. 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 10 minutes each speaker Baxter Coston, Sebastian, distributed photos of the entrance to South Moon Under showing a dumpster overflowing with trash. Mayor Barnes explained that a conduit under the entryway collapsed which cannot support trash trucks however dumpsters were placed on the opposite side of the road for the residents and that both the City and Capital have been trying to accommodate the residents. Mr. Coston said this has been going on for three months that he had reported it to City officials, and Capital did come and pick up the trash. He said the Code Enforcement officer told him that Capital would empty the dumpsters on Monday, Wednesday and Friday, and that today they are full again. He asked Council to alleviate this problem for him as a citizen, by authorizing the City Manager to send a letter to the people using the dumpsters telling them they can only fill the dumpsters and once full take the rest to a transfer station. He also asked that during construction, the dumpsters be moved to the established temporary construction entrance. City Council discussion followed on the need to keep the area in compliance with City codes. Mr. Coston was assured that the problem would be solved when the conduit is replaced by the property owners. The City Attorney said Capital is only required to come out twice a week and is going above and beyond to accommodate the residents of South Moon Under. He said it should be up to South Moon Under to rent another dumpster. The Public Works Director said he would be meeting with the South Moon Under homeowners' association. Ardra Rigby, General Manager of Capital Sanitation said his company will go in Monday through Friday to pick up the dumpster. 02.124 Regular City Council Meeting October 9, 2002 Page Six Mayor Barnes suggested that,if the roadway is not completed, perhaps the City could do the work and charge the homeowners. The Public Works Director said he would look for a site on Powerline Road for the dumpster. Bill Germann, said the vendor hired to cut City right-of-way is doing a lousy job, and asked if the City was going to get a citation for tall grass. He then asked why the City used saved money to buy a street sweeper. The City Manager said the sweeper was approved prior to the mowing contract. The Public Works Director stated that the sweeper is used to pick up pollutants and clean sides of streets. He said he told the vendor not to cut in June to prevent damage to wet swales and that the grass cuttings are now being swept up. 10. COMMITTEE REPORTS/RECOMMENDATIONS Mr. Hill reported that the MPO by-laws have been amended to allow a second Sebastian voting member. Mr. Coniglio and Mr. Barczyk said they would like to be considered for the position. It was noted that this item will be on the October 23, 2002 agenda. Mr. Coniglio reported the Tourist Development Council is changing the process for non- profit organizations to receive tourist funding and he would provide further information on the process in the future. 11. OLD BUSINESS Mandatory vs. Non-mandatory Solid Waste Collection (City Mana.qer Transmittal 10/3/02) The City Manager said many letters and phone calls have been received on this matter, clarified that this item has nothing to do with Capital Sanitation, but is an opportunity for Council to debate the issue of mandatory vs. non-mandatory solid waste collection. The Finance Director gave a power point presentation for the benefit of the public. The following three options were recommended: 1) authorize mandatory pickup via an ordinance; 2) place the question on the March ballot; and 3) remain status quo. Mr. Barczyk said one problem is people on fixed incomes and asked what other areas are non-mandatory. Mr. Mason said Sebastian, Fellsmere and Indian River County were non-mandatory, said people who were part-time residents would pay the same non-ad valorem assessment as full-time residents. Regular City Council Meeting October 9, 2002 Page Seven Mr. Coniglio said he did not see a health and safety issue at this time and that this is not a good time to go to mandatory. Mr. Hill said he sees trash everywhere in the community, that he wants to keep Sebastian a nice community, that this an issue of quality of life, and that he will always base his decisions on what he believes is best for the community. Mr. Coniglio said freedom of choice is a quality of life issue. Mr. Majcher said he was in favor of mandatory pickup, said as an assessment it can be written off on taxes, that Sebastian is one of three out of 17 municipalities that are not mandatory at this time, and said it is a benefit to the community. Mayor Barnes said it is his gut feeling that he is in favor but would like to see what the residents want as in option two, noted that people are using trash receptacles on private and public property to dump their trash. Mayor Barnes called recess at 8:31 p.m. and reconvened the meeting at 8:45 p.m. All members were present. Mr. Hill clarified that he was not insinuating that other members of the Council were not also voting their conscience. Richard Taracka said he wanted a choice and recommended enforcement for illegal dumping. Rosemary Bastinto, said she was 100% handicapped and asked if a mandatory service would be able to provide the same handicapped service. Mayor Barnes said that would be a part of any contract. Sal Neglia presented a petition with 496 names of residents who are against mandatory pickup to the Mayor (see page of petition attached). Baxter Coston said people don't want to be told who to hire and when to dump their trash. He said he feels a referendum is the proper way to go. Rex Clifford, said he could not read the figures in the presentation, said he did not see trash around the City, and suggested a referendum. Paul Dupont said he did not see much trash around the City, said he did believe in the future the City will have mandatory pickup but not at this time. Bill Germann said residents were forced to have water installed by the County, and agreed trash pickup should be voted on by the people. 7 Regular City Council Meeting October 9, 2002 Page Eight John Saltvedt, Coverbrook Lane, asked why the City doesn't establish an adopt-a-street program and said people should have a choice. Mayor Barnes noted there is an adopt a street program. Bill Germann asked why Brevard County residents use the Indian River County transfer stations and suggested Council go to the County Commission for an answer. Nate McCollum said he pays for garbage pickup, noted there are things that the City is going to need in the near future like a new city hall complex, suggested not wasting the taxpayers' money on a referendum because it is not something the people want at this time. Herb Kravitz addressed Council again regarding the cost of collection. Ruth Sullivan, 1215 Indian River Drive, Sebastian, said she goes to the transfer station twice per week, that people are going to throw trash in open fields whether or not there is mandatory pickup, and that this is an area where people want a choice, and suggested the City go after the people who are illegally dumping. TAPE II - SIDE I (9:18 p.m.) Herbert Munsart read a letter from his wife Marilyn objecting to mandatory collection, and said "if it ain't broke don't fix it". MOTION by Coniglio/Hill "If I may Mayor, I'd like to offer a compromise, I'd like to make a motion that we pass the resolution subject to a referendum in March election, for/against mandatory garbage pick-up/solid waste pick-up." For clarification, the City Attorney asked if this would be binding or non-binding and Mayor Barnes said he thought it would be binding. Mayor Barnes reminded citizens about the pending 1 cent sales tax extension on the November ballot. ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye MOTION CARRIED 5-0 The City Attorney reminded that Council will consider language stating this is a "notice of intent to impose this assessment" but it is really considering the imposition beginning next September. Regular City Council Meeting October 9, 2002 Page Nine 02.154 12. 13. Bo Enforcement Fine and Property Lien RE: 1053 Louisiana Avenue, Sebastian {City Mana.qer Transmittal 10/2/02, Letter ) The City Manager briefed City Council on the issue, and cited a memo received this morning (see attached) from the Sebastian Police Department stating that the property is in compliance. Attorney Warren Dill, representing the Lunds, advised City Council on the Lund's purchase of Sebastian and Fellsmere properties that had existing violations with the understanding that a lien on the Sebastian property would be lifted when cleaned up. Mr. Dill distributed photos of both properties. He asked that Council declare the violation to be abated and remove the lien on the Sebastian property. Mr. Barczyk asked what the property owners' plan for the property was; and Mr. Lund apologized for his behavior at the last meeting and said he intends to stay in Sebastian. The City Attorney said any lapse in code compliance would be treated as a new case. Following further Council discussion, motion was made as follows: MOTION by Coniglio/Barczyk "And I just want to add that this was incredible circumstances, but with that in mind I would like to make a motion that we rescind and forgive this lien against this property." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye MOTION CARRIED 5-0 NEW BUSINESS - none CITY A'R'ORNEY MATTERS The City Attorney stated he could not have the ordinance prohibiting dumping in other waste cans ready for the next meeting and asked if Council would like the garbage ordinances to be presented together at the November meeting. Council stated they would like the mandatory vs. non-mandatory ordinance at the next meeting. Requested approval to attend the annual public employment law seminar on Oct 24-26, 2002 in Orlando. Regular City Council Meeting October 9, 2002 Page Ten 02.220 14. 15. 16. MOTION by Hill/Coniglio "1 move authorization to allow Rich to go that." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye MOTION CARRIED 5-0 CITY MANAGER MATTERS A. CR512 Beautification Proqram The City Manager reported that the Florida Department of Transportation approved all of Indian River County's beautification projects, which included CR 512 however, the MPO chooses only one project to fund and CR512 was not chosen, even with the offer of a 50-50 match. He further stated that the City has made several attempts to discuss CR512 unsuccessfully with the County. Mr. Hill asked if it would be a good idea to draft a letter once new County Commissioners are seated. The City Manager stated this would be a good idea. Mr. Coniglio stated the City's project was in fourth place and criteria for funding would be changing in the future. CITY CLERK MATTERS None. CITY COUNCIL MATTERS A. Mr. Maicher Suggested that City meetings be broadcast on AT&T county-wide to generate support for the City's issues. The City Manager said he would talk to AT&T. B. Mr. Barczyk None. C. Mr. Coniqlio Reported on the passing of former Councilmember Norma Damp. 10 Regular City Council Meeting October 9, 2002 Page Eleven D. Mayor Barnes Army Corps of Engineers will not do any work on islands until mid 2003. The City Manager said he would talk to Joe Baird about what the County would like the City to provide relative to endorsing the one cent sales tax. E. Mr. Hill None. 17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:10 p.m. Approved at the October 23, 2002 Regular City Council Meeting. By: Walter W. Barnes Mayor INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET OCTOBER 9, 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: L)C ~ ~ ........................ .ew Su.c,: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: