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Home My WebLink About02122003 REGULARCITY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 12, 2003 CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. The Mayor called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. The invocation was given by Rev. Allen Yarbrough, First Baptist Church ROLL CALL City Council Present: Mayor Walter Barnes Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. Ray Coniglio City Council Absent Vice-Mayor James Hill (excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams City Engineer, David Fisher Human Resources Director, Jim Sexton Public Works Director, Terry Hill Finance Director, Mark Mason General Services Administrator, Paul Wagner Police Lieutenant, Bob Lockhart Regular City Council Meeting February 12, 2003 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) Mayor Barnes requested the following additions: · Shriners Proclamation as Presentation A · Resolution No. R-03- support for funding beach renourishment for consideration to add to the agenda by vote of the Council. The City Attorney noted that Consent Agenda Resolution Coolidge is changed to "south". 6. PROCLAMATIONS~ ANNOUNCEMENTS None. 7. PRESENTATIONS Mayor Barnes read the Amara Shriners proclamation that was added to the agenda, cited their good works as discussed at yesterday's county commission meeting, and asked that the proclamation be mailed to them. A. Employee of the 4th Quarter Mayor Barnes recognized Golf Course employee, Joy Green, as Employee of the Quarter and presented her with a plaque and savings bond. 03.001 Request from Pelican Island Elementary School Eco-Troop (City Manager Transmittal 1/21/03, Synopsis, Excerpt, Articles, Newsletter, Letter, Web Info) In the absence of members of Eco-Troop, Mayor Barnes explained the accomplishments of the children to the audience. C. Accept Indian River County School Board Golden Apple Award Mayor Barnes presented the Golden Apple Award that was presented to the City at a recent School Board meeting. Regular City Council Meeting February 12, 2003 Page Three 03.030 D. 39-40 Deborah Bradley, CPA, Hoyman & Dobson & Co. Comprehensive Annual Financial Report for the Fiscal Year Ending September 30, 2002 (Finance Transmittal 2/6/03, Report under separate cover) Deborah Bradley presented the annual financial report for the fiscal year ending September 30, 2002. 03.031 E. 41-76 Presentation by Representatives from TRIAD Housing The City Manager introduced David Schultz of TRIAD Housing, who introduced partners David Reich and Steve Moler, and made a presentation relative to a proposed housing development on Louisiana Avenue known as Pelican Isles and intended to be financed with an allocation of Iow income housing tax credits issued by the Florida Housing Finance Corporation. A conceptual site plan and architectural rendering were presented for the proposed 152 two story units, clubhouse, and recreational area. He said he was not asking for a fee waiver, but instead that the recreation impact fee be deferred for a period of time. Mr. Schultz, Mr. Reich and Mr. Moler responded to several questions from Council relative to senior housing, the project's relationship to Section 8 housing, income qualifications, and traffic concerns. The City Manager said he would come back to the next meeting with a formal recommendation from staff. 8. 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. The Mayor stated, for the record, that item C Council travel should be amended to provide for Mr. Barczyk's travel to conclude on March 12, 2003. A. Approval of Minutes - 1/22/03 Regular Meeting Regular City Council Meeting February 12, 2003 Page Four 03.026 87-90 Bo Resolution No. R-03-05 - Designating "No Parking" Zone on Nc,'th South Side of Coolidge Street (City Manager Transmittal 2/6/03, R-03-05) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A"NO PARKING" ZONE ON THE NORTH SOUTH SIDE OF COOLIDGE STREET IN ACCORDANCE WITH SECTION 98-38 OF THE CODE OF ORDINANCES; PROVIDING FOR EFFECTIVE DATE. 03.023 91-96 Authorize Councilmen Barczyk & Coniglio Travel to National League of Cities Conference in Washington DC from March 6-11,2003 (City Clerk Transmittal 1/31/03, Info) 03.032 97-98 Authorize City Manager Travel to NFBPA Forum 2003 to be Presentation Speaker, April 26-30, 2003 in Ft. Lauderdale (City Manager Transmittal 1/28/03) 03.033 99-100 03.034 101-102 Supplemental Active Military Leave Benefit (HR Transmittal 1/24/03) Authorize Road Closures for Pelican Island Centennial Celebration From Noon, March 13 Until Ending March 16, 2003- Specifically Indian River Drive From Coolidge Street South to City Limit; Sebastian Blvd. From Just Past Hess Station Entrance to Indian River Drive; Harrison Street From Just Past Dry Cleaners Entrance East to Indian River Drive (Public Works Transmittal 2/3/03) O3.O35 103-104 Authorize the Sebastian River Ministerial Association to Have Easter Sunrise Service at Riverview Park on Sunday, April 20, 2003 from 6:00 am to 8:00 am (Public Works Transmittal 1/29/03, Letter) 03.036 105-106 Waive Bidding Requirements and Award Regan Masonry "Form, Pour, And Finish" Concrete Work at $1.60 Per Square Foot until Current Contract Expires (Engineering Transmittal 2/3/03) 03.037 107-114 Waive Bidding Requirements and Authorize Purchase of Burke Model #2000-934 Advanced Fitness Cluster from Contract Connections of Pembroke Pines for Installation at Hardee Park for $10,436.75, Pricing Is from Palm Beach County Bid #02-053/MM (Public Works Transmittal 2/3/03, Proposal, Palm Beach Bid Re-Cap) Regular City Council Meeting February 12, 2003 Page Five 03.038 115-150 The City Attorney read Resolution No. R-03-05 by title. MOTION by Barczyk/Coniglio "Move to Approve consent agenda items A-I with the corrections to B and C." ROLL CALL: Mayor Barnes - aye Mr. Hill - absent Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Roll Call carried 4-0 COMMITTEE REPORTS/RECOMMENDATIONS A. Planninq and Zoning Commission Interview, Unless Waived and Appoint Regular Member Position to Unexpired Term (City Clerk Transmittal 2/6/03, Applications, Ad, Members) City Council interviewed Mr. AIIocco, Mr. Blessing, Mr. Lantz, and Ms. Schofield. Mr. Carroll was not present. Ms. Krueger was not able to be present. Mr. Marshall had withdrawn his application. MOTION by Coniglio/Barczyk 'Td like to make a motion that we appoint Mr. Andrew AIIocco." ROLL CALL: Mr. Hill - absent Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Roll Call carried 4-0 Regular City Council Meeting February 12, 2003 Page Six Mr. AIIocco was the alternate so Mayor Barnes initiated a motion to fill that position. MOTION by Barnes/Coniglio "1 make a motion to appoint Mr. Carroll who had a very extensive resume, so I make a motion to appoint Mr. Carroll." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - absent Roll Call carried 4-0 03.039 151-156 Code Enforcement Board Interview, Unless Waived and Appoint a Subcontractor Position - As Far As Practical to Expired Term (City Clerk Transmittal 2~6~03, Application, Ad, Members) There was consensus to add Ed Seeley's application for consideration. City Council interviewed Edward Seeley and Mrs. Schofield. MOTION by Barczyk/Coniglio "1 move to appoint Mr. Seeley for a permanent position on the board." (term to expire 2/1/2006) ROLL CALL: Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - absent Mr. Barczyk - aye Mr. Coniglio - aye Roll Call carried 4-0 MOTION by Coniglio/Barczyk 'TII appoint Eva Schofield." (to Mr. Seeley's vacated alternate position. Due to the fact that there was only I ~ months left in term, her term will expire 4/1/2006) Regular City Council Meeting February 12, 2003 Page Seven ROLL CALL: Mayor Barnes Mr. Hill Mr. Barczyk Mr. Coniglio Mr. Majcher - aye - absent - aye - aye - aye Roll Call carried 4-0 10. PUBLIC HEARING 03.028 157-168 Second Readin.q and Public Hearinq for O-03-01 Petition for Voluntary Annexation by Dr. Hadi Shaloub for a .75 Acre Parcel of Land (GMD Transmittal 2/6/03, O-03-01, Letter, Map, Survey,F.S. 171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 0.75 ACRES, MORE OR LESS, BEING LOT 18 JEANS UNIT INDIAN RIVER 'I'VVIN ESTATES; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the ordinance by title and the Mayor opened the Public hearing at 8:03 p.m. Baxter Coston inquired about ingress and egress and was informed that access was a county issue. Mayor Barnes closed the hearing 8:07 p.m. MOTION by Coniglio/Majcher "1 move to adopt Ordinance No. O-03-01." ROLL CALL: Mr. Hill - absent Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Roll Call carried 4-0 Regular City Council Meeting February 12, 2003 Page Eight 11. 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 Ruth Sullivan, Indian River Drive, Sebastian, requested that a financial report be conducted prior to including the CR512 triangle area into the current redevelopment district in the riverfront. The City Manager said funding did not come in until the year 2000. He said there is merit to including the new property but it is still under study. He further noted that City Council acts as the Community Redevelopment Agency as allowed by Florida Statutes. Mayor Barnes called recess at 8:17 p.m. and reconvened the meeting at 8:30 p.m. All members were present. 12. OLD BUSINESS 13. NEW BUSINESS City Council members, by unanimous voice vote, decided not to add a proposed beach renourishment support resolution to the agenda. 03.040 169-184 Waive Bidding Requirements and Approve $15,000.00 to Melrose Pyrotechnics to Produce a Fireworks Show for Pelican Island Centennial Celebration on March 14, 2003 (Public Works Transmittal 2/3/03, Proposal) MOTION by MajchedBarczyk "Move to waive the competitive bidding procedures and approve $15,000.00 for Melrose Pyrotechnics to produce a fireworks show for the Pelican Island Centennial Celebration on Friday, March 14, 2003." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - absent Roll Call carried 4-0 Regular City Council Meeting February 12, 2003 Page Nine 03.041 185-186 Authorize the Final Preparation of a Contract for the City of Sebastian for Residential and Commercial Solid Waste Collection Exclusive Franchise Aqreement with Waste Manaqement, Inc. (GSA Transmittal 2/6/03, Matrix) The City Manager briefly explained the extensive RFQ process that was undertaken; resulting in receipt of five responses and finally resulting in a short list of the top two firms, Treasure Coast Refuse and Waste Management. He discussed the negotiation process with the two firms and the final decision to recommend Waste Management which, he stated, could offer the best service to the City. George Geletko, Waste Management, introduced Ken McCloskey, who submitted a packet of information for each Council member, and presented his company's commitment to the City of Sebastian (see presentation handout attached) He responded to questions from Council relative to storage of vehicles, involvement in Keep Indian River Beautiful, said there would be two trash and one yard waste pickups per week, a holiday schedule would be worked out, and said his supervisor's office is in Vero Beach and eight customer service agents are in Melbourne. Sal Neglia said scare tactics are being used to get people to vote for mandatory trash pickup, and urged Council to keep Capital Sanitation. Ron Rigby, Executive Vice-President, Capital Sanitation, justified the service problems his company had encountered over the years, citing a questionnaire he provided to his customers which, he said, puts Capital in the 90th percentile. The City Manager said this process was not a bid process, but a request for proposals, staff is not recommending a ten year franchise but a five year proposal, this proposal includes commercial collection which will come in lower than other proposals. Ron Rigby responded to the City Manager's comments. Dean Mosely, said it seemed that the process used made it very hard for a small business to respond, and it was not a fair playing field for the present collection company. Regular City Council Meeting February 12, 2003 Page Ten Keith Miller, 961 Riviera Avenue, Sebastian, spoke in favor of Capital and that it doesn't matter what time they pick up or how they pick up. Baxter Coston, Sebastian, asked why the City had not heard from Waste Management before this. Ruth Sullivan said it concerns her that the sealed bid process was not used and said the Iow bid should be chosen. Ben Hessens, Academy Terrace, Sebastian, said the community was built on small businesses and Capital Sanitation should be selected. Glen Rohmer, Sebastian, said all businesses get complaints and when you deal with the public you get complaints. He said if Council agrees to stay with Capital, Sebastian Gym and Fitness will donate $20,000 for a new truck. He gave Mayor Barnes a list of 48 names of people who wish to keep Capital. Nathan McCollum said he hopes any contract will state that the company is not allowed to do any political advertising for mandatory pick-up. In response to Mr. Coniglio, the City Attorney said when doing a franchise you don't bid it, but are loaning some of your sovereign powers to a company. In delegating your governmental powers, you are looking at service and experience. He said there is an Attorney General opinion that the city is under no obligation to go through any specific purchasing process because in effect, the city is giving something. Dean Mosely, said he was a town attorney and that most towns in Florida do use a bidding process. MOTION by Coniglio/Majcher "My phone rings a lot, with that in mind, I would move to authorize final preparation of a contract for the City of Sebastian residential and commercial solid waste collection exclusive franchise agreement with Waste Management, Inc., as stated in the above summary without any exceptions to the words how they decide to advertise their product as we would not stop anyone else advertising for or against any product." 03.042 187-188 Regular City Council Meeting February 12, 2003 Page Eleven ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - absent Mr. Barczyk - aye Roll Call carried 4-0 14. CITY ATTORNEY MATTERS Discussed the political sign question, noting that he will have to figure out regulatory structure and why you regulate them in people's properties. He suggested some proposed language to limit signs in contiguous properties owned by one party. He said there needs to be an right-of-way agreement worked out with the County. He said he will quickly restore a portion of the noise ordinance relative to hours of operations but there are other areas of those regulations which will need more review. 15. CITY MANAGER MATTERS A. Request from Code Enforcement Board Chairman 16. It was the consensus of Council to authorize purchase of city polo shirts for Code Enforcement Board members. Mr. Barczyk did not vote. CITY CLERK MATTERS Announced for the benefit of the public that there will be no candidate names on the March 11,2003 ballot due to the fact that only three candidates qualified for the three seats, congratulated Mr. Barczyk, Mr. Coniglio, and Nathan McCollum all of whom will be deemed to be automatically elected on March 11,2003. She noted however, that there will be a ballot question relative to solid waste collection and that there will be a republican primary for the late Howard Futch's 26th District seat on March 11th and a special election on March 25th; and that due to the fact that the County has a ballot question, there will be no need for a city canvassing board. Regular City Council Meeting February 12, 2003 Page Twelve 17. CITY COUNCIL MATTERS A. Mr. Barczyk None. B. Mr. Coniqlio -Congratulated Finance Director on his audit. -Stated golf course in great shape. -Asked for city well report. The City Manager stated that would be presented in a couple of weeks. C. Mayor Barnes -Asked about the FDOT striping on the east side of US 1. The City Manager stated an arrangement should be coming soon to make the striping more clear. -Stated he spoke to Supervisor of Elections Kay Clem regarding November municipal elections and that she was available to visit April 9th which is after the ordinance is scheduled to be read the 2nd time. There was a consensus to discontinue with the ordinance. The City Attorney advised not to adopt the ordinance at the next reading. Mr. Coniglio announced Mayor Barnes was appointed Chairman of MPO today. D. Mr. Hill Absent. E. Mr. Majcher -Inquired on park amenities planned for the 300 acre conservation area. The City Manager stated the county is looking for a partnership but the City has not received any solid plans to review as of yet. He further stated that the county made the commitment without partnership requirements and they have 7 years to comply with the commitment. Regular City Council Meeting February 12, 2003 Page Thirteen 18. Being no further business, the Mayor adjourned the meeting at 10:00 p.m. Approved at the 3 - ~. 2 - 03 Regular City Council Meeting. Walter W. Barnes Mayor ATTEST: °aiiyA A. rvl,~io. City Cle~ 03.028 PUBLIC HEARING SIGN-UP SHEET Second Reading and Public Hearing for O-03-01 Petition for Voluntary Annexation by Dr. Hadi Shaloub for a .75 Acre Parcel of Land (GMD Transmittal 2/6/03, O-03-01, Letter, Map, Surve¥,F.S. 171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 0.75 ACRES, MORE OR LESS, BEING LOT 18 JEANS UNIT INDIAN RIVER TVVlN ESTATES; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR 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 ue.~lseqo$ ol luorul!ruruo ~ BI I/ / I I/ m 0 l/ m o uu!lsuqos ol luoml!mmo D l/ Il II El. ~ 0 WI=l== ~ U o uu!lsuqo$ u Q u I/ II ol luotm.~mmo D ut~!ls.qos ol luotm.tmtuo 0 0 ~ UJ ~ ~3 U 0 EL E U .-~ .--- ! > 0 u~!ls~qo$ ol motm.ttutuo 0 0 ~ 0 CD 0 0 ~ U Q 0 ~ U u~p,s~qos~ o~ ~uotm,.ttutuo 0 U~ ue.n, seqo$ o~ ~,uam]!~uu~o INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET February 12, 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 input. ~/Name: ~ New Subject: New Subject: New Subject: New Subject: ..~Z. i~ ~z~',~ :7/.~ ..... ................................. New Subject: