Loading...
HomeMy WebLinkAbout03122003 REGULARHOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 12, 2003 - 7:00 P.M. 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. 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 Airport Director, Jason Milewski City Engineer, David Fisher Stormwater Engineer, Ken Jones Finance Director, Mark Mason Public Works Director, Terry Hill Growth Management Director, Tracy Hass Police Department Captain, Dave Puscher Regular City Council Meeting March 12, 2002 Page Two Sm 03.055 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) Item F consent agenda was previously removed. Item B was added under presentations, and it was noted that George Anderson could not be present and his certificate would be carried to the March 26, 2003 Regular Meeting. PROCLAMATIONS~ ANNOUNCEMENTS A. Proclamation Declaring March as Red Cross Month The Mayor read the proclamation and presented it to Doris Sleeger. PRESENTATIONS A. Certificate of Appreciation to John Oakes for Code Enforcement Service Mayor Barnes read the certificate, however, John Oakes was not present. B. Sebastian River Hiqh School Wind Ensemble Concert Mayor Barnes reported on the March 16, 2003 concert at Sebastian River High School to send the ensemble off to a national band concert festival in Indiana to represent the State of Florida. B.1. Certificate of Appreciation to George Anderson Mr. Anderson could not be present and the presentation was rescheduled for March 26~. C. Comcast Cable (Rate Sheet, Channel Line-up) The City Manager introduced Cindy Stoddard, Area Director, and Joni Kinsley, Vice President, Comcast Cable who presented a short videotape to Council on planned products and services for the City of Sebastian. Regular City Council Meeting March 12, 2002 Page Three 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. 03.056 7-20 Approval of Minutes - 2/12/03 Regular Meeting (City Clerk Transmittal 3/4/03, Minutes) 21-30 B. Approval of Minutes - 2~26~03 Regular Meeting 03.032 31-38 Co Authorize City Manager Overnight Travel to Tallahassee, FL to Attend The Florida National Register Review Board Meeting on Tuesday, March 25, 2003 (City Manager Transmittal 3/5/03, Letter) 03.058 39-46 Do Resolution No. R-03-10 Authorize City Manager to Enter Five Year Lease Agreement with Riverside National Bank for a MITA 2530 Digital Copier for the Police Dept. (Finance Transmittal 3/4/03, R-03-10, Contract) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE-YEAR MUNICIPAL LEASE AGREEMENT WITH RIVERSIDE NATIONAL BANK FOR THE PURPOSE OF LEASING A MITA 2350 DIGITAL COPIER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 03.059 47-76 Resolution No. R-03-11 Authorize City Manager to Execute the Community Development Block Grant Agreement Award (City Clerk Transmittal 3/6/03, Letter, R-03-11, Exhibit A) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, THE COMMUNITY DEVELOPMENT BLOCK GRANT AWARD CONTRACT #03DB-1A-10-40-02-N34 BETVVEEN THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (THE "DCA") AND THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 77-80 F° Mayor noted that page six of the February 12, 2003 minutes was distributed to City Council prior to the meeting with an amendment relative to board terms for Eva Schofield. 3 Regular City Council Meeting March 12, 2002 Page Four The City Attorney read Resolutions R-03-10 and R-03-11 by title. Mayor Barnes removed item A and C for discussion. MOTION by MajchedConiglio "Move to approve items B, D and E on the consent agenda." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Roll Call carried 5-0 Item A - 2/12/03 Regular Meeting Minutes Mayor Barnes noted an addition to page six of the February 12, 2003 and asked for a voice vote on approval as amended. VOICE VOTE on the motion carried 5-0. Item C - Travel to Tallahassee In response to the Mayor, the City Manager stated it was not necessary for a council member to attend the meeting, however, if someone wanted to attend they could do so. MOTION by Barnes/Hill "1 move to approve item C." 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 March 12, 2002 Page Five 03.005 81-84 10. 11. COMMITTEE REPORTS/RECOMMENDATIONS A. Construction Board Interview, Unless Waived and Appoint One Alternate Member to Expire 9/30/04 (City Clerk Transmittal 3/4/03, Application, Ad, Board Member List) City Council interviewed Patrick Gilligan for the position. MOTION by Hill/Coniglio "1 move to appoint Pat Gilligan to the vacated alternate position to expire 9/30/04." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Roll Call carried 5-0 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 Sal Neglia, commented on yesterday's vote to reject mandatory trash pickup and expressed concern about comments in the newsletter, the use of Walmart parking lot and other areas of concern. Bill Germann, discussed receipt of the city newsletter prior to the election, suggested the City Attorney proofread it before delivery. Robin Graves, representing people who own dogs, asked why dogs are not allowed in parks and requested an off leash park, and that meals on wheels bring food for pets as well. The City Attorney clarified that dogs are allowed in parks if on a leash by code, unless administratively posted no dogs allowed by the City Manager. Mayor Barnes asked that this item be placed on the March 26, 2003 agenda. 5 Regular City Council Meeting March 12, 2002 Page Six The City Manager stated for the record that the Pelican Brief is delivered four times per year and the winter edition is delivered in February, and said he did not appreciate any insinuations that it was delivered prior to the election purposely and stated that the newsletter contained factual information. Mayor Barnes said Council was in favor of mandatory, could have approved it, but chose to put it on a referendum. 12. OLD BUSINESS 03.031 85-90 Ao Proposed Pelican Isles Housing Development Presentation by TRIAD Housing Partners (GMD Transmittal 2/27/03, Letter) The City Manager introduced TRIAD representatives, who presented elements of the plan including the possibility of developing Powerline Road as the ingress and egress, and responded to inquiries from City Council and the public relative to amenities, access, and income levels. TAPE I - SIDE II (8:02 p.m.) It was the consensus of Council to direct City Manager and City Attorney to draft an agreement and bring it back to the March 26, 2003 meeting. Voice vote carried 5-0. 13. NEW BUSINESS 03.057 91-96 A° Authorize City Manager to Execute Cash and Investment Management Advisory Agreement Between the City of Sebastian and Kirkpatrick Pettis, Smith, Polian, Inc., Lan.qhoff Brooks Division (Finance Transmittal 3/5/03, Agreement) The Finance Director said that Sebastian along with many cities across the nation are experiencing a severe decline in investment returns and the cities are looking for investment alternatives and that he conferred with the City of Melbourne who began use of an investment company a year ago with great Success. Carlos Priada, and Bill Spivie, Langhoff Brooks Division of Kirkpatrick Pettis, addressed City Council regarding the steps to outsource the City's investment strategy. Regular City Council Meeting March 12, 2002 Page Seven Jeff Larsen updated the Council on the bond process to build the new city hall which will be on the next meeting agenda for an acceptance resolution. MOTION by Barczyk/Majcher "Move to authorize the City Manager to execute the agreement between the City of Sebastian and Kirkpatrick Pet[is, Smith, Polian, Inc., Langhoff Brooks division." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Roll Call carried 5-0 03.025 97-98 Bo Adopt the Master Stormwater Management Plan, Including the Updated Stormwater Model (En.qineerin.q/SWU Transmit[al 3/4/03) The City Manager briefly addressed Council on the master stormwater management plan which will take 20-30 years to complete. Eric Groetke, Camp, Dresser & McKee, responded to questions from Council. MOTION by Majcher/Hill "Make a motion to mMove to adopt the Master Stormwater Management Plan, including the updated stormwater model as outlined in the January 2003 report by Camp Dresser & McKee, Inc." ROLL CALL: Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Roll Call carried 5-0 Regular City Council Meeting March 12, 2002 Page Eight 14. CITY ATTORNEY MATTERS Reported on the Monday Special meeting noting that the Indian River County canvassing board will not certify the results until next week, therefore, certification of results will be carried to the March 26, 2003 meeting, and the charter will have to be reviewed to provide for this in the future. Said he will review whether a resolution may have to be done for the Comcast Cable name transfer; and that he will bring the construction noise ordinance to the next meeting. 15. CITY MANAGER MATTERS A. Recommendation for City Council Workshop - Canal Seawall Repair Policy Recommended a formal workshop for this item on April 9, 2003 at 6 pm. Stated he approved a change order for the Gladiola Avenue side yard pipe installation at $4950. (see attached). Presented an IMPRINT U licensing agreement to make City of Sebastian novelty license plates for sale with 5% of gross sales return to the City. It was the consensus of the City Council to proceed with the agreement. (see letter and draft agreement attached) The City Attorney advised that he had two items to review in the agreement and that Council should approve based on these clarifications. MOTION by Coniglio/Majcher "1 make a motion to have the City Manager proceed forward with a license agreement with license--what is it--IMPRINT U in the form of license plates with the City to receive 5% of the gross sales." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Roll Call carried 5-0 Regular City Council Meeting March 12, 2002 Page Nine The City Manager reported that the parapet construction will begin next week. The City Manager further stated that since non-mandatory service has been approved, he will begin working with Waste Management to set up the customer dynamics. 16. CITY CLERK MATTERS Reported that the City was once again sponsoring a team for the American Cancer Society Relay for Life, which will take place overnight at Sebastian River High School from April 11 to 12, 2003. She stated that the team will be sponsoring a Spring Fling weekend to include a youth dance at the Community Center on March 28th for children under 12 and a Skateboard Competition at Barber Street Sports Complex on March 29th. 17. CITY COUNCIL MATTERS A. Mayor Barnes Invited the public to the Pelican Island Wildlife Festival this weekend. B. Mr. Hill Thanked Mr. Majcher for his service to the City of Sebastian. Reported that his daughter Macy won first place in the "Making a Difference in My World" contest. C. Mr. Maicher Thanked Kyle for filling in for him at the fire station. Thanked staff and City Council members for all he has learned and working with him. D. Mr. Barczyk Thanked Mr. Majcher for time spent with the Council. E. Mr. Coniglio Wished Mr. Majcher luck and thanked him for his help. Regular City Council Meeting March 12, 2002 Page Ten Congratulated Comcast on its good works and all the companies that have contributed to the Pelican Island Festival. 18. Being no further business, the Mayor adjourned the meeting at 8:45 p.m. Approved at the 3-26-03 Regular City Council Meeting. Walter W. Barnes, Mayor ATTEST: ~aio, (::;MC l0 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET March 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 in~ ~^ Name: New Subject: New Subject: Name: New Subject: Name: New Subject: To: From: Date: Subject: Terrance Moore, City Manager Kenneth Jones, Stormwater Engineer March 11, 2003 Supplemental Purchase Order - 825 Gladiola Avenue After Lanzo Lining Services televised the side yard pipe at 825 Gladiola Avenue, it was determined that an error in the calculation of the length of the pipe needing to be lined had occurred. Therefore, a supplemental purchase order for $4,950.00 has been submitted to cover the additional length of deteriorated pipe needing replacement. As you recall the department recommended that this pipe be slip lined due to the closeness of the houses and the inability to get the equipment in the area to replace the pipe. The cost of the slip lining was based on the piggyback prices from the Lanzo contract #S-2002 with the City of Cape Coral. LICENSING AGREEMENT This agreement for a non-exclusive license to use of intellectual property between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter called "OWNER"), and IMPRINT U (hereinafter called "LICENSEE"), provides that IN AND FOR CONSIDERATION of the mutual benefits and promises provided herein, the sufficiency of which is hereby acknowledged by the parties, it is agreed: 1. LANDOWNER hereby grants LICENSEE a non-exclusive license to use the City of Sebastian logo in the design and manufacture of novelty license plates and tags. 2. This license shall be effective for one year from the date hereof, and shall automatically renew on an annual basis thereafter unless either party gives written notice of intent to terminate no less than ninety (90) days prior to the expiration of an annual term. However, the extensions hereunder shall not extend the term of the license beyond a total of five (5) years. 3. By the fifteenth day of each month, LICENSEE shall render an accounting of all sales of products licensed hereunder during the preceding month and shall pay LANDOWNER a licensing fee equivalent to five percent (5%) of the gross sales thereof. 4. LICENSEE agrees to indemnify, defend and hold LANDOWNER harmless from any and all claims of any nature whatsoever arising from its use of the license hereunder. AGREED to this __ day of March, 2003. CITY OF SEBASTIAN, a Florida municipal corporation ********* d/b/a Imprint U By: By: Terrence R. Moore, City Manager Sita Blakeslee Attest: Approved as to Form and Content for Reliance by the City of Sebastian Only: Sally A. Maio, CMC City Clerk (Seal) Rich Stringer, City Attorney