The URL can be used to link to this page

Home My WebLink About01082003 REGULARCI~ OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 8, 2003 - 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. A moment of silence was held. 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 Airport Director, Jason Milewski City Engineer, Dave Fisher Stormwater Engineer, Ken Jones Growth Management Director, Tracy Hass Police Chief, James Davis Public Works Director, Terry Hill Regular City Council Meeting January 8, 2003 Page Two 03.001 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) None. PROCLAMATIONS~ ANNOUNCEMENTS None. PRESENTATIONS A. Certificate of Appreciation to Boat Parade/Santa Sail-In Participants Mayor Barnes presented certificates of appreciation to Sal Neglia, Gene Rauth, Wally Kramer, and members of the GFWC Sebastian River Woman's and GFWC Sebastian River Junior Woman's Clubs. Bo Certificate of Appreciation to Julianne Barrett for Service on Parks & Recreation Advisory Board and Service on Indian River County Parks & Recreation Committee Ms. Barrett was not in attendance. Certificate of Appreciation to Ed White for Service on Parks & Recreation Advisory Board Mayor Barnes presented a certificate to Mr. White. Presentation by Representatives from Pelican Island Elementary School Relative to the Children's Land Project "From Us To You Forever" (Letter) The Pelican Island Elementary Principal, Bonnie Swanson, and Senior Eco Troop members gave an update on the scrub habitat program and asked for Council support for acquiring the last three lots needed to complete the habitat project, including condemnation of one lot essential to the program. Mayor Barnes congratulated them on their efforts and said City Council can write a letter to the Board of Education and whatever else is necessary to assist them. Regular City Council Meeting January 8, 2003 Page Three The City Manager recommended a resolution of support be adopted at the January 22, 2003 regular meeting and be submitted to the School Board for their consideration of condemnation. It was noted that the property owner is in Port Jefferson, New York and has not responded to letters. Mr. Hill suggested that perhaps the City could try to contact the property owner rather than undertake a condemnation at this time. Louise Muller described the methods used to contact property owners to no avail. She noted that all property taxes are paid up to date on the properties. The City Attorney said the City would have no liability in supporting condemnation by the School Board. Mr. Hill said he totally supports the effort but is not led to take action to condemn the property until he sees more information. He suggested an item be placed on the next agenda with further information to be able to make this decision. The City Attorney said there is an MPO project planned to take Barber Street straight through one of the lots but perhaps that plan had been dropped. He advised that Pelican Island research whether or not this plan is still in effect. Mr. Hill said he would support a letter stating the City's support of the project but not a condemnation at this time. It was decided to bring this item back to the January 22, 2003 agenda. 9. 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 - 12/11/02 Regular Meeting 03.002 Authorize the City Clerk to Travel to Florida Institute of Government Sponsored Seminars at Palm Beach Gardens Community College January 30, May 13 and May 14, 2003 (City Clerk Transmittal 12/13/02, Info sheet) 3 Regular City Council Meeting January 8, 2003 Page Four 03.003 Authorize Bid Award to Florida Bulb and Ballast for Hardee Park Trail Lighting in the Amount of $17,740.00 (Public Works Transmittal 1/2/03, Bid Tab, Letter) 03.004 Authorize Revised Agreement Between the City of Sebastian and Barbour Multimedia (City Clerk Transmittal 1/2/03, agreement) Mayor Barnes removed item C for a resident's input. MOTION by Majcher/Barczyk "1 move to approve consent agenda items A, B, and D." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Roll Call carried 5-0 Item C Bill Elam, recommended a softer yellow light in the park. The Parks and Recreation Supervisor described the planned lighting, designed to light only the trail and not the surrounding area. Eugene Wolf objected, citing St. Louis encephalitis and West Nile Virus alerts and energy emergencies, and suggested there would be a need for increased security. He submitted a petition bearing signatures from surrounding property owners objecting to the lighting. MOTION by Barnes/Hill "1'11 make a motion to approve item C on the consent agenda." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Roll Call carried 5-0 4 Regular City Council Meeting January 8, 2003 Page Five 10. COMMITTEE REPORTS/RECOMMENDATIONS A. Construction Board 03.005 Interview, Unless Waived and Appoint One Alternate Member Position (City Clerk Transmittal 1/3/03, application, ad, board member list) City Council interviewed Elwin Davis. MOTION by Coniglio/Majcher "1 move we appoint Mr. Elwin W. Davis to the alternate concerned citizen position to expire 9/30/2004." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Roll Call carried 5-0 B. Temporary Parks & Recreation Advisory Committee 03.006 Interview, Unless Waived and Appoint One "District B" Regular Member Position (City Clerk Transmittal 1/2/03, application, ad, board member list) The Clerk confirmed the applicant resides in District B. MOTION by Barczyk/Majcher "1 move to approve Mr. Leboeuf for the position for area, section, district B to expire 1/1/2005." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Roll Call carried 5-0 Regular City Council Meeting January 8, 2003 Page Six 11. PUBLIC HEARING 02.005 Second Public Hearin.q Ordinance No. O-02-18 -Implementinq a Telecommunications Tower Regulatory Ordinance (GMD Transmittal 12/4/02, O-02-18, 1/1/03 ad) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY CODE TO CREATE LAND DEVELOPMENT CODE CHAPTER 54-6, ARTICLE XXlII STANDARDS FOR TELECOMMUNICATIONS FACILITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. The City Attorney read by title and briefly described the language. Mayor Barnes opened the hearing. There was not input, therefore, he closed the hearing. MOTION by Barczyk/Coniglio "Move to hold a second public hearing and move to adopt Ordinance No. O-02-18." ROLL CALL: Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Roll Call carried 5-0 12. 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 Sal Neglia, Sebastian, on behalf of the Sebastian Property Owners Association, expressed concern that stormwater utility assessment money is being used to pay a bond. He further suggested that a new City Hall and Police Department expansion could be accomplished at a slower pace and that the bond issue could have gone to referendum. Regular City Council Meeting Janua~ 8,2003 Page Seven The City Attorney said the stormwater funds were a dedicated source and it was always the City's intent to bond to meet state and federal stormwater requirements. He said there might be confusion because there are two separate bonds being considered right now. The City Manager said a summary of necessary capital improvements presented last year included a new City Hall and Police Department expansion. He said the cost to rehabilitate the existing City Hall will be accomplished with grants and the City's match would be considerably less than stated by Mr. Neglia. He said he has an open door policy and is willing to address any issues that a citizen may want to address in City Hall or before groups if needed. Mayor Barnes said City growth is precipitating the need for these projects and it makes no sense to wait, rather to do it now and take advantage of Iow bond rates makes sense. Mickey Groeppler, said it would have been nice for people to be able to vote on the bonds. She said she thought streets and drainage were the City's first priority. Mayor Barnes said it makes good business sense to do this while rates are Iow, noted no ad valorem taxes have been increased, and there is a revenue stream to allow these improvements. In response to Mrs. Groeppler's concern regarding failing bulkheads, the City Manager said that within the 2003/2004 budget there is a plan for stormwater repairs. Baxter Coston, Sebastian, said the bond should have been on the ballot and asked City Council to make a motion to do so. Mayor Barnes reiterated that this is an issue that has been openly discussed for quite some time and there was no organized opposition at meetings held on the matter. 7 Regular City Council Meeting January 8, 2003 Page Eight 13. OLD BUSINESS 03.007 Authorize Mayor Barnes to Execute Department of Environmental Protection Sovereiqn Submerged Lands Lease for Riverview Park Expansion (City Manager Transmittal 1/2/03, Lease, DEP Letter, Kimley-Horn Letter, City Attorney Memo) · Presentation by City Engineer The City Manager briefly described the lands lease presented for execution, and noted that he and the City Attorney were recommending approval as presented. The City Engineer strongly endorsed the recommendation of the City Manager and City Attorney. He introduced Mike Keifer, Kimley-Horn, and reiterated Mr. Keifer's recommendation to endorse the lease as presented at this time. Mr. Keifer said DEP sent a discouraging letter relative to floating docks; and advised City Council to sign the lease as presented and pursue modification at a later time. He described the pier permit as proposed. Mr. Majcher asked if floating docks can be looked at later on, noting that what is being proposed is antiquated. Mr. Kiefer said the opportunities for modifications are still there for the future; however, he recommended moving forward as proposed at this time. The City Engineer said in conversations with DEP, they were adamant in their objections to floating docks. In response to Mr. Barczyk, Mr. Keifer said there is no moratorium on docks in this area at this time and remarked that boating access will become more and more difficult. Mr. Coniglio was excused from 8:22 p.m. to 8:29 p.m. Mr. Coniglio asked if it was possible to have a step down from the pier to accommodate canoes and kayaks and Mr. Kiefer explained this would require future modification. The City Attorney said with current manatee litigation on going, he would recommend proceeding before the existing permit expires in March. Regular City Council Meeting January 8, 2003 Page Nine Mr. Keifer clarified Council is voting tonight on its submerged lands lease, that the permit is scheduled to expire in March and will have to be extended once the lease is executed. The City Manager said once tonight's authorization is received, he did not see a problem with proceeding. MOTION by Majcher/Hill "1 make a motion to move to authorize Mayor Barnes to execute Department of Environmental (Protection) Sovereign Submerged Lands Lease No. 311537314." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Roll Call carried 5-0 Mayor Barnes called recess at 8:47 p.m. and reconvened the meeting at 8:57 p.m. All members were present. 14. NEW BUSINESS 03.008 Authorize Proposed Lease A.qreement Between the City of Sebastian and Fast Net Communications, Inc. (City Manager Transmittal 12/13/02, Agreement) The City Manager said he has been in discussions with Fast Net Communications, Inc. for lease of space on the City's communications tower, noted an error in a previous agreement which has been revised and presented to City Council. He introduced Vito Joia, Vice President of Fast Net and Mr. Joia briefly addressed City Council. MOTION by Coniglio/Barczyk "Move to authorize--and approve and authorize City Manager to execute the propose tower lease agreement between the City of Sebastian and Fast Net Communications, Inc." Regular City Council Meeting January 8, 2003 Page Ten ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Roll Call carried 5-0 03.009 Bo Authorize the Purchase of Records Management and Computer Aided Dispatch Software from IMC Software in the Amount of $98,528 and Appropriate $15,630 for the Same (Police Dept. Transmittal 1/2/03, RFP Summary) The Police Chief said a need exists for more user-friendly software for Police Department records management and computer aided dispatch. Mr. Hill questioned the need for the appropriation of $15,630. The Finance Director said a canned package would probably have come in at the lower price, but due to changes requested to meet the needs of the City the result is the amended price. Discussion took place on portions of the overall package that will not be purchased at this time. MOTION by Majcher/Barczyk "Move to authorize purchase of RMS/CAD software from IMC in accordance with quoted prices, pricing and appropriate $15,630 for the same." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Roll Call carried 5-0 03.010 C. Approve (Dickerson Florida Inc.) Sebastian Alleyway Change Order #1 in the Amount of $11,102.10 and Appropriate an Additional $20,000 for Additional Drainage Work (Engineering Transmittal 1/2/03, Letter, Change Order) TAPE II - SIDE I (9:15 p.m.) ]0 Regular City Council Meeting January 8, 2003 Page Eleven The City Engineer described the need for the change order and the need for additional drainage work as set out in the agenda transmittal. Mr. Barzcyk asked if a new road in the Chessers Gap area was part of this project. Mr. Fisher said he would have to look into this, but did not believe it was. MOTION by Barczyk/Majcher "1 move to approve change order #1 in the amount of $11,102.10 and appropriate $20,000 for additional work." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Roll Call carried 5-0 03.011 Do Waive the Formal Sealed Bid Procedures and Approve the Piggyback Contract with Lanzo Lining Services for Side Yard Pipe in the Amount of $20,450 and Authorize the Entire Project Cost of $22,010 and Appropriate Same (Engineering Transmittal 1/2/03, Letter, Cost Estimate) The Stormwater Engineer described the need for the contract with Lanzo Lining Services. MOTION by Barczyk/Coniglio "1 move to waive the formal sealed bid procedures and approve the piggyback contract with Lanzo Lining Services for $20,450 and the entire project cost of $22,010 and appropriate same." ROLL CALL: Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Roll Call carried 5-0 15. CITY ATTORNEY MATTERS None. 1! Regular City Council Meeting January 8, 2003 Page Twelve 16. CITY MANAGER MATTERS None. 17. CITY CLERK MATTERS None. 18. CITY COUNCIL MATTERS A. Mr. Hill - None B. Mr. Maicher- None Co Mr. Barczyk 1. Parkinq on Coolidge Street Mr. Barczyk recommended parking only be allowed on one side of Coolidge Street to prevent accidents. Following some discussion, the City Manager said Public Works/Engineering staff will come back to the next meeting with a report as to which side should be designated as no parking. D. Mr. Coniqlio 03.012 1. Creation of a Citizens Committee (Mr. Connelly's letter) Mr. Coniglio cited a letter from Mr. Connelly requesting formation of a citizen committee and said he brought it to Council for open discussion. He said Mr. Connelly asked for this item to be moved to a future time when he can be present. Mr. Coniglio asked whether it was economically feasible to refurbish the Community Center's appearance, and the City Manager said there is new landscaping planned. E. Mayor Barnes Mayor Barnes reported that the City's mission statement, in line with the Strategic Plan, will be presented at the next City Council meeting; and discussed a letter regarding Skydive Sebastian and asked what can be done to alleviate existing problems with pilots. The City Manager said he would be reporting to City Council in the near future relative to this matter. The City Attorney said pilots are asked to comply with FAA suggested guidelines. Regular City Council Meeting January 8, 2003 Page Thirteen Mayor Barnes suggested City elections be moved to November as recommended by the Charter Review Committee several years ago, and which was objected to by the Supervisor of Elections due to the balloting process in place at that time. He said City Council could adopt an ordinance to change the election date. He recommended that a letter be drafted by the City Clerk and submitted to the Mayors of other cities suggesting this change. Following further discussion, the City Attorney was directed to come back with a draft ordinance for City Council review at the next meeting. 03.013 Appointment of MPO Citizens Advisory Committee Member (City Clerk Transmittal 1/2/03) City Council interviewed Deryl Seemayer. MOTION by Barczyk/Majcher "1 move to appoint Deryl Seemayer as the member of the MPO Citizen Advisory Committee." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Roll Call carried 5-0 03.014 Appointment of IRC Parks & Recreation Board Member (City Clerk Transmittal 1/2/03, Meeting Notice) Mayor Barnes noted that Jayne Barczyk, Jean Jessup and Edward Seeley expressed interest in serving. City Council briefly interviewed Mrs. Barczyk and Mr. Seeley. MOTION by Barczyk/Coniglio '1 move to appoint Jayne Barczyk as the City representative to the Recreation Board." ]3 Regular City Council Meeting Janua~ 8,2003 Page Foudeen ROLL CALL: Roll Call carried 5-0 Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye 19. Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:47 p.m. Approved at the January 22, 2003 Regular City Council Meeting. CITY OF SEBASTIAN, FLORIDA ATTEST: By: [,/t) ~,~,,~,~ Mayor SaI-~-A. Maio~C"~'C City Clerk 14 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET January 8, 2003 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 ~np Name: New Subject: ~r ......................... , .......... ~-~ New Subject: New Subject: New Subject: Name: New Subject: Name: New Subject: 02.005 PUBLIC HEARING SIGN-UP SHEET Second Public Hearinq Ordinance No. O-02-18 -Implementing a Telecommunications Tower Regulatory Ordinance (GMD Transmittal 12/4/02, O-02-18, 1/1/03 ad) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY CODE TO CREATE LAND DEVELOPMENT CODE CHAPTER 54-6, ARTICLE XXIII STANDARDS FOR TELECOMMUNICATIONS FACILITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS Sebastian City Council is expected to vote tonight whether to award a lighting project at Hardee Park to Florida Bulb and Ballast Inc., of Melbourne for $17,740. If the bid is approved, the company will install 12 light posts and lights along the park's fitness trail, which is sixth-tenths of a mile long. Timers will turn all the park lights on at dusk and off around 10 p.m As a local resident who lives in close proximity to Hardee Park, I oppose the wasteful expenditure of additional lighting. It is my wish that Hardee Park continues to be used by the local residents only from sunrise to sunset. Name Address Name Address ~ ATI-ENS 9 565 7 6 5 4 3 DRIVE 00000 3000 O00O1.0 C£MET£Ry 15.0 AC Dt~CAN