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Home My WebLink About10232002 REGULARCITY OF HO'ME OF PELICAN ISLAND SEBASTIAN CiTY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 23, 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. The Mayor called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was reCited. 3. A moment of silence was held. 4. 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 Deputy City Clerk, Jeanette Williams Finance Director, Mark Mason Public Works Director, Terry Hill Airport Manager, Jason Milewski Police Captain, Dave Puscher 02.225 02.226 02.227 02.228 02.047 02.229 Regular City Council Meeting October 23, 2002 Page Two 5. 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) There was a 5-0 consensus to add a staff presentation on the discretionary sales tax extension as item G under Proclamations, Announcements, and/or Presentations 6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS A. Hometown Security Day Proclamation Mayor Barnes read the proclamation. B. Student Government Day- City Government Week Proclamation Mayor Barnes read the proclamation and reported on a successful mock city council meeting held this morning. C. National Epilepsy Awareness Month Proclamation Mayor Barnes read the proclamation. D. Banner Presentation by Justine Stien of Domestic Violence Coalition of Indian River County Justine Stien, Domestic Violence Coalition of Indian River County, presented a handpainted banner by the children and their families, to the City Council which read "These hands will never be raised in violence." E. Presentation by Lisa Smith-Fulton, Boys and Girls Club - Acknowled.qment of Clambake Festival Donation Jay MacNamara and Lisa Smith-Fulton presented a plaque to the City of Sebastian and the Sebastian Property Owners Association for their support. F. Presentation by Indian River County Department of Health Re: Fill Requirements Mike Galanis, Indian River County Department of Health, and Laura Hoffman gave a brief presentation about state code requirements for location of septic drainfields, and said their office was willing to work with the city to resolve problems with runoff to existing houses from new houses. Dick Swart, Concha Drive, inquired about the effect on the aquifer from septic tanks. Mr. Galanis said some research shows some bacteriological impact. Regular City Council Meeting October 23, 2002 Page Three Bill Germann said he used bluestone to solve this problem in New Jersey. Mayor Barnes suggested a workshop on this matter in the not too distant future. G. Staff Presentation on Discretionary Sales Tax Extension The Finance Director gave a brief powerpoint presentation on the proposed extension of the discretionary sales tax, a referendum question on the Indian River County ballot November 5, 2002. TAPE I - SIDE II (8:08 p.m.) He then responded to questions from City Council. 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 - 10/9/2002 Regular Meeting 02.023 Receive Code Enforcement Orders: Case No. 2001-0023990 - William Warren Stevens - Ordered April 17, 2002 and August 21, 2002 (City Clerk Transmittal 10/17/02, Orders) 02.025 Grant Award/Waterway Boating Safety Project Agreement (City Manager Transmittal 10/8/02 Agreement) 02.209 Award Airfield Perimeter Fencing Contract to Smith Industries, Inc. in the Amount of $365,312.00 (Airport Transmittal 10/16/02, LPA Group Letter, Bid Tab) 02.107 Authorize Change Order #1 to Runway 4-22 Edge Lighting Contract (Airport Transmittal 10/16/02, Estimate) 02.069 Fo Authorize the Award and Execution of the Obstruction Clearing (Phase I) of Runway 9-27 Contract to Ali-Rite Paving Contractors, Inc. and ASl Paving Incorporated (Joint Venture) in the Amount of $188,963.00 (Airport Transmittal 10/17/02, Bid Tab, LPA Letter) 02.230 Go Waive Purchasing Procedures and Authorize the Purchase of Six Toshiba Laptops in the amount of $9,982.20 (Finance Transmittal 10/17/02) 02.137 Approve Purchase of Three Half Ton Chevrolet Silverado 2003 Pickup Trucks at a Cost of $15,447 each from Maroone Chevrolet Based on Piggyback Prices from the Florida Sheriffs Association (PW Transmittal 10/17/02, Quote) Regular City Council Meeting October 23, 2002 Page Four 02.137 I. Approve Purchase of One Chevrolet Silverado 2003, 1500 ¼ Ton Pickup 4x2 at a Cost of $15,447.00 from Maroone Chevrolet Based on Piggyback Prices from the Florida Sheriffs Association (Stormwater Utility Transmittal 10/17/02, Quote) Mayor Barnes removed item B for discussion, MOTION by Majcher/Barczyk "1 make a motion to approve consent agenda item A, through, A, C, D E F G H and I." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 5-0 Item B The City Attorney responded that the Stevens problem had been cleared up. MOTION by Barnes/Hill "Okay, I'll move to approve item B." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye MOTION CARRIED 5-0 PUBLIC HEARING - None Regular City Council Meeting October 23, 2002 Page Five o 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 Rene Civetta, discussed the false alarm penalties stating it creates a hardship because she has a motion detector which sets off the alarm. She said there is a general feeling in the business community that it is a hardship. Mayor Barnes and the City Manager said discussions could take place with the current Chief of Police relative to this issue. Mr. Coniglio asked that the escalating fine issue be looked into. Mr. Majcher said false fire alarms also have an escalating fine system. Baxter Coston, reported that the South Moon Under dumpsters have been removed and construction on the culvert has begun. He thanked Capital Sanitation for their assistance and for going out of their way; and the Police Department and Mayor Barnes for their assistance. He said he wanted to talk to Mr. Hass about this situation to discuss methods to make sure this doesn't happen again. 02.014 10. COMMITTEE REPORTS/RECOMMENDATIONS Planning and Zoning Commission 1. Interview, Unless Waived, and Appoint Regular Transmittal 10/17/02, Applications, Ad, Member List) Member Position (City Clerk The City Clerk advised City Council that Tut Connelly called this week and said he did not wish to be considered for this position; and that Mr. Rauth, who was currently in the position, is eligible for reappointment under the six year/two term regulation. City Council interviewed Andrew Allocco, and Mary Ann Krueger. MOTION by Barczyk/Hill "Move to appoint Gene Rauth to retain his position." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye MOTION CARRIED 5-0 Regular City Council Meeting October 23, 2002 Page Six 02.043 B. 11, O2.234 Tree and Landscape Advisory Committee 1. Interview, Unless Waived, and Appoint Two Alternate Member Positions (City Clerk Transmittal 10/17/02, Applications, Ad, Member List) City Council interviewed William Creamer and Richard Swart. Mr. Madsen was not present. MOTION by Hill/Coniglio "1 move to appoint Mr. William F. Creamer to continue serving on the board." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye MOTION CARRIED 5-0 MOTION by Hill/Barczyk "1 move to appoint Mr. Henry G. Madsen to continue serving as well." MOTION by Mr. Majcher - aye 'Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye MOTION CARRIED 5-0 OLD BUSINESS Ao Appropriate Funds and Award $282,018.77 to Dickerson Florida, Inc. for CR512 Alleyway Improvements (En.qineerin.q Transmittal 10/16/02, Bid Tab) The City Manager gave a brief presentation on the bid award. He said this was the only bid. The Finance Director said there were contingencies added which resulted in the need for a higher appropriation. He stated $28,000 was needed for unforeseen items and $15,000 was needed for the project manager bringing the total project cost to $324,000. Regular City Council Meeting October 23, 2002 Page Seven MOTION by Hill/Barczyk "Move to authorize staff to appropriate funds and award the contract for the 512 Alleyway improvements to Dickerson Florida, Inc. in the amount of $282,000.18, I'm sorry, $282,018.77. Make sure we get that clear." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 5-0 12. NEW BUSINESS 02.231 First Reading Ordinance No. O-02-15 - Change in Administration to Parks and Recreation Proqram - Schedule Public Hearing Nov. 13, 2002 (City Clerk Transmittal 10/17/02, O-02-15) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING ARTICLE 1, CHAPTER 74 OF THE CODE OF ORDINANCES, PARKS AND RECREATION IN GENERAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-02-15 by title. The City Clerk, City Attorney and City Manager responded to questions from City Council. MOTION by Barczyk/Coniglio "Move to adopt Ordinance No. O-02-15 on first reading and set a public hearing for November 13"~, year 2002." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye MOTION CARRIED 5-0 Regular City Council Meeting October 23, 2002 Page Eight 02.116 B. 02.124 First Reading Ordinance No. O-02-16 - Cemetery Rules and Regulations - Schedule Public Hearinq for Nov. 13, 2002 (City Clerk Transmittal 10/15/02, O-02-16) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CERTAIN SECTIONS OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CEMETERY RULES AND REGULATIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-02-16 by title and the City Clerk briefly presented the proposed ordinance. MOTION by Majcher/Barczyk "Move to pass Ordinance No. O-02-16 on first reading and schedule a public hearing for November 13th, 2002." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye MOTION CARRIED 5-0 Co First Reading Ordinance No. O-02-17- Solid Waste Referendum - Schedule Public Hearing for Nov. 13, 2002 (GSA Transmittal 10/17/02, O-02-17) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 86- 26 SOLID WASTE; COLLECTION AND DISPOSAL GENERALLY; SERVICE BY THE CITY TO REQUIRE UNIFORM PROVISION AND BILLING FOR GARBAGE COLLECTION; PROVIDING FOR REFERENDUM; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE The City Attorney read Ordinance No. O-02-17 by title and briefly described the proposed code amendment which will require a referendum question. MOTION by Barczyk/Majcher "Move to pass Ordinance No. O-02-17 on the first reading and set a public hearing for November 13th, year 2002." 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 23, 2002 Page Nine 02.232 D. 02.233 Resolution No. R-02-46 - Board Appointment Procedures (City Clerk Transmittal 10/15/02, R-02-46, Current Resolution) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO ADVISORY BOARDS, COMMITTEES AND COMMISSIONS; ESTABLISHING DUTIES OF THE CITY CLERK; PROVIDNG FOR UNIFORM APPLICATION; PROVIDING FOR RESIGNATION AND REAPPOINTMENT; ESTABLISHING A PROCEDURE TO FILL AN UNEXPIRED TERM IN THE EVENT OF A VACANCY; REQUIRING THE CITY CLERK TO PROVIDE APPOINTEES WITH ETHICAL AND FINANCIAL DISCLOSURE INFORMATION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-02-46 by title. The City Clerk stated these procedures are needed to streamline the application process. MOTION by Majcher/Coniglio "Move to adopt Resolution No. R-02-46." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 5-0 Eo Resolution No. R-02-47 - Parks and Recreation (City Clerk Transmittal 10/17/02, R-02-47, R-01-13) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING CLASSIFICATIONS FOR RECREATIONAL FACILITIES IN THE CITY; ADOPTING PROCEDURES AND FEES FOR RECREATIONAL USE PERMITS;PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-02-47 by title. The City Clerk explained this resolution gives the City Manager discretion in applying fees to city facilities. MOTION by Barczyk/Majcher "Move to adopt Resolution No. R-02-47." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye MOTION CARRIED 5-0 Regular City Council Meeting October 23, 2002 Page Ten 13. CITY ATTORNEY MATTERS Said due to his workload, he would not be going away for the next two days to the pre-approved conference. 14. CITY MANAGER MATTERS 02.235.1 Ao City Council and Sebastian Manaqement Team Strateqic Plannin.q Session, November 14thI 2002 Reported that the Sebastian Management Team will conduct a strategic planning session off- site on November 14, 2002, and reported that he had invited Mayor Barnes to attend the session to represent City Council. The City Attorney remembered that the Planning and Zoning Commission has a final draft of the telecommunication tower ordinance and will have a public hearing soon. Mayor Barnes asked the status of the CR512 triangle area, and the City Manager said it is currently in the hands of Henry Iler which will be presented at the December 11th meeting. 15. CITY CLERK MATTERS Stated she would be away for two weeks, that the Deputy City Clerk will be in charge, and the office will be in good hands as always. 16. CITY COUNCIL MATTERS A. Mr. Barczyk Mr. Barczyk congratulated staff for Student Government Day activities. He thanked members of staff for their assistance with a speeding problem that occurred. B. Mr. Coni,qlio Mr. Coniglio expressed his appreciation for our city after visiting up north. 02.067 Mayor Barnes 1. Appointment of MPO Member & Alternate (MPO Letter, List) MOTION by Hill/Coniglio "1 move to appoint Mr. Coniglio to the MPO." l0 Regular City Council Meeting October 23, 2002 Page Eleven ROLL CALL: Mr. Barczyk Mr. Coniglio Mr. Majcher Mayor Barnes Mr. Hill - nay - aye - aye - aye - aye MOTION CARRIED 4-1 The City Clerk confirmed an alternate also needed to be appointed for this member. MOTION by Coniglio/Hill "1 make a motion that Mr. Barczyk be an alternate for the MPO." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye MOTION CARRIED 5-0 Other Matters Congratulated the police department and staff for receiving accreditation. Commented on benefits of the Down and Dirty Program at the Environmental Learning Center. Reminded that the City Clerk evaluations were due. D. Mr. Hill Reported that a concerned citizen called him about fights taking place near his property and he would like the police chief to intervene. Expressed concern regarding a memo from the Growth Management Director stating Captain Hiram's did install a canopy with cleats against the Board of Adjustment's approval. Mr. Hill would like to see something in place for recourse. The City Attorney said the condition was the requested variance. The City Manager said the condition had been explained to the developer and property owner, and that steps are being taken to correct the situation. The City Attorney said a citation can be issued if a situation is irreparable. Mr. Coniglio agreed and asked that staff come back with a recommendation. Mr. Barczyk asked what had happened with the parapet wall behind the building in front of Walmart. The City Manager said they were in the process of getting that squared away. Regular City Council Meeting October 23, 2002 Page Twelve E. Mr. Maicher Confirmed the possibility that AT&T Broadband may broadcast Sebastian council meetings throughout the County. 17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:38 p.m Approved at the November 13th, 2002 Regular City Council Meeting. By: Walter W. Barnes Mayor ATTEST: City Clerk 12 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET OCTOBER 23, 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: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: One-Cent Sales Tax Extension The Ad Valorem Taxpayer's "Best Friend" l/ X / ~ 0 ~ (13 ~ X oI l/ _~ -+-, X ~ ~ X 0 0 (13 ~ Z o ~ ~ o--- o'°tO 0 I-- o > X X '~ 0 0 0 ~ ~ E O0 0 m (:!.) ~ (/) 0 (D -~ o O30 "0 Q >, :30(1) 0- O3 mm X E mmm 0 A A ($) ;unomv ($) mnomv > 0 0 d (D 0 0 0 o 0