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HomeMy WebLinkAbout12132006any HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 13, 2006 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Burkeen called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was led by Council Member Nathan McCollum 3. There was a moment of silence. 4. ROLL CALL City Council Present: Mayor Brian Burkeen Council Member Andrea Coy Council Member Nate McCollum Council Member Sal Neglia Council Member AI Paternoster Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Police Chief, Jim Davis Police Lieutenant, Michelle Morris Police Lieutenant, Bob Lockhart Parks Superintendent, Chris McCarthy MIS Systems Analyst, Barbara Brooke AN Technician/MIS Systems Analyst, Barry Siepmann 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda maybe added only upon a unanimous vote of City Council members (R-OS-26) Council Member McCollum requested that items 16.8.1 and 2 be moved up on the agenda as items G and H under Presentations. Regular City Council Meeting December 13, 2006 Page Two Mr. Burkeen asked that all items under 16, which were left over from the last meeting be moved up as well. Mayor Burkeen also requested addition of a New Business item 12. I. regarding the proposed lease of the airport administration building as cited in a memo from the City Manager which was sent out yesterday. The City Attorney requested item 86 for a request from P & Z to schedule a workshop with Council. On MOTION by Mr. McCollum and SECOND by Ms. Coy the agenda was amended as requested on a voice vote of 5-0. 6. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 06.175 A. Presentation of Plague from Mayor Burkeen to Council Member and Former Mayor Nathan McCollum Mayor Burkeen presented Council Member McCollum with a wall plaque in recognition of his service as Mayor and on City Council since 2003. City Council Members presented him with a set of the West Wing series DVDs. 06.061 B. Certificate of Completion to Council Member At Paternoster -Advanced Institute for Elected Municipal Officials Mayor Burkeen presented Council Member Paternoster with a certificate of completion for the Florida Institute of Government Advanced Institute for Elected Municipal Officials. 06.064 C. Certificate of Appreciation to Linda DeSanctis for Environmental Advisory Committee Service Mayor Burkeen presented a certificate of appreciation to Linda DeSanctis. 06.110 D. Certificates of Appreciation for Santa Parade - GFWC Sebastian Junior and Woman's Club, Sebastian Property Owners' Association, Sebastian River Area Chamber of Commerce and Police Volunteers Mayor Burkeen presented certificates of appreciation to Teddy Hulse, Nancy Paternoster and Sebastian Police Department volunteers for their sponsorship of the parade and Santa House in Riverview Park on December 2"d. Mr. Paternoster commended all the businesses involved in Light Up Night as well. 06.176 E. Recognize Bov Scout Troop 598 for Meeting Attendance Mayor Burkeen recognized Boy Scout Troop 598 for their attendance at the meeting and presented them with City of Sebastian commemorative pins. 2 Regular City Council Meeting December 13, 2006 Page Three 06.177 F. Presentation to City Council Members by Rosemary Bostinto and Nancy Paternoster Rosemary Bostinto and Nancy Paternoster presented City Council Members with angels made from Clambake Festival clamshells. 06.197 G. Filling City Council Vacancy Mr. McCollum said many of his constituents have called him in panic hoping that whoever replaces him share his same beliefs and he then made a MOTION that his position be left vacant until the regular meeting in March following the March election and then be filled for that meeting by the non incumbent person elected with the highest votes and along with his motion, if anyone on Council feels a need for five members to be present at any meeting in the interim, he could be reinstated for that meeting. Ms. Coy SECONDED the motion. The City Attorney said technically this would be a motion to "not start a procedure to replace him" because Council cannot make a decision to fill the vacancy until Mr. McCollum is gone. Mr. McCollum said he would add this to his motion. Voice vote on the motion carried 5-0. 06.197 H. Thank You And Farewell Mr. McCollum said it has been an honor and privilege to serve Sebastian, that there are no special interests or special favors and Council has truly brought the City back to the businesses and residents. He advised as long as this Council keeps the residents and businesses in their hearts and minds as he did, the City would be fine. He mentioned some of the things that have been done during his years on Council, such as controlled burn rules, completion of the new city hall, police station and Friendship Park, stopping residential annexation, the splash pad, listening to the public, lowered taxes, barring eminent domain actions, sidewalks, quarter rounds, ending time limits though some choose to abuse it by taking a half hour to one hour of council's time, establishing a unanimous decision to add items to the agenda, starting process for new community center, and allowing pets in parks. He thanked everyone for their cards and letters, introduced his brother and nephew and recognized Irene Thompson, Ruth Sullivan, the Martins, Mr. and Mrs. Burkeen, Jerry Ahlersmeyer, Damien Gilliams and his dog, Tropics. He said he is not leaving the City and will still have his residence on Laconia Street. He encouraged people to participate in the City. A. Mr. Neglia None. 3 Regular City Council Meeting December 13, 2006 Page Four B. Manor Burkeen 06.174 i. Car Lot Sales (from 11/08/06) Mayor Burkeen said he had attended a meeting with Commissioner Wheeler and other officials regarding out of town car dealerships setting up sales in mall parking lots, and their discussions regarding banning them. He said once Indian River County drafts an ordinance he would bring it to Council. 06.142 ii. Paradise Marina Site Plan (added to 11/08 but not addressed) Mayor Burkeen reported that Mr. Gilliams had altered his site plan for Paradise Marina as requested, it was submitted about a month ago and that Council comments had been made during his last hearing indicating that Council would push it to the front of the list if he did that, specifically by Ms. Coy. Ms. Coy said she had asked him to go by the rules but had not said she would push it to the front of the list but would review it after it has gone through proper channels. Mayor Burkeen asked where Mr. Gilliam's site plan was now. The City Manager said he was toward the bottom and that he was in the process of preparing his response to Mayor Burkeen showing the process, staff duties and timelines. He said the project list sent out in October or November relative to Growth Management procedures is being updated and hopefully will be available by the end of the month. Damien Gilliams, 1623 US 1, Sebastian, said it is on the tapes that Ms. Coy said if he corrected the parking to put it on the property, it would be completed in two months. He said it has been thirty days since he submitted the amended plan, that the issue is political and he is being penalized, and was misled by Ms. Coy. He asked Council to make a motion tonight to add him to the front of the line. Mayor Burkeen said not to take sides but this Council was under the understanding that if Mr. Gilliams made the appropriate changes that Council would expedite the approval process. MOTION by Mayor Burkeen and SECOND by Mr. McCollum to give him the opportunity to expedite these plan. The City Attorney said he did not believe this was a Council function under the City Charter. Ms. Coy said to reconsider this has to be by someone on the side of the no vote. The City Attorney further explained that a new site plan had to go to Planning and Zoning and that it only came to Council because it was a result of an appeal of their rejection. He said you would be directing staff to advance something on an agenda which would go against the Charter. Mayor Burkeen withdrew his motion and asked the City Manager to ask his staff to move the plan along and make sure there are no delays as much as possible. 4 Regular City Council Meeting December 13, 2006 Page Five 06.167 iii. Backout Parking for Indian River Drive (from 11/08/06) The City Manager said he had provided Council with an update on this, that the issue has been reviewed, that Planning and Zoning had recommended against it, and that staff had not moved forward on it. The Growth Management Director said Planning and Zoning was interested in looking into other possibilities such as parking credits and parking in City owned lots. Mayor Burkeen said we could bring this back to the next meeting. 06.173 iv. Clambake Expenditures (from 11/08/06) The City Manager said he had broken down costs for the Clambake Festival as personnel costs, rope, locks, extension cords, estimated City equipment expenses values, advertising, and trolley expenses for a total of about $18,000 actual cash out of pocket and with other values for a total of $30,000. In response to Mayor Burkeen, the City Attorney said the City Clerk has submitted a request for an opinion to the Attorney General on the matter of whether or not the Clambake Foundation records were public record, and the opinion it is expected in January. The City Clerk said a copy of the request was copied to each member of Council. Mayor Burkeen further said if the City Hall address is used for the Foundation the documents need to be on site. Mr. McCollum said he understands that a letter was sent to the Attorney General but his question was why was it sent. He said if it is the Council's policy that if a document is in this building it should be made available then why are we even questioning it. The City Clerk responded that she had made the decision to request the AGO, because part of the request was for Clambake Foundation records and she was advised by the City Attorney that the Foundation records were not located in City Hall, also that in his opinion they were not public record under Florida law, and because the City Attorney was the subject of some of the inquiry. The City Attorney said the City Hall address was only used as the Foundation address for three months and nothing was ever mailed to that address. Mayor Burkeen asked if there is a City representative spot on the Clambake Foundation voting board, and the City Attorney said there is a City seat on the membership committee, but not on the governing body of the Clambake Foundation, which is the Board of Trustees. He said the Clambake Foundation is anon-profit organization. He also responded that Mr. Scozzari's lack of an occupational license was one of several reasons that he was not given a vendor spot during the event. He said no vendors were allowed into the event if City personnel knew they had no license but no one went and checked them, and some were denied who staff knew did not have a license. Mayor Burkeen said he would like to take some kind of formal consideration of this matter at a future meeting to discuss at length. Regular City Council Meeting December 13, 2006 Page Six C. Ms. Coy 06.198 i. IRCC Update Ms. Coy reported on the meeting with representatives of Indian River Community College, and they said they would like a larger presence and would like a contract for the entire second floor of the old City Hall. She then reported on the riverfront height restriction issue, which was not addressed at Planning and Zoning because they want to have a workshop with Council. She said she thought that Council was unanimous in its decision to set call 25 feet what it is. Mr. Neglia said he did not see the need for a workshop with Planning and Zoning, rather they should be directed and go forward. The City Attorney said it was his feeling that Planning and Zoning might lean toward denying the 25 foot, and that they wanted to talk to Council as to what the concept is on the height issue. Mr. Neglia said they also wanted to know where we would measure the height from. The City Attorney said there are four different sources of height measurement in the Code and there are several issues that need to be addressed to decide where it would be measured from in the riverfront. Mr. Paternoster discussed a concern of Mr. Gilliams that property owners in the riverfront should be notified. The City Attorney advised that the hearings before P & Z would not require the mailing, but the hearings before Council would. It was the consensus of Council that there should be a common measurement point from the road, to let Planning and Zoning know they would like a vote from them for a recommendation to Council and there was no need for a workshop. Ms. Coy said she does not like her words taken out of context, that she did have a conversation with Mr. Gilliams at the Eagles Nest as he described about two years ago, but what he forgot to say that was between that time and now he has been given special considerations, and in her last correspondence with him she told him she is "specialed out". She again reiterated she does not appreciate her words being taken out of context. D. Mr. Paternoster Mr. Paternoster said his December forum will be canceled, and he will be accompanied by Indian River County Commissioner, Joe Flescher at his forum in January. 6 Regular City Council Meeting December 13, 2006 Page Seven In response to Mr. Paternoster's request for an update on an ordinance for overgrown lots, the City Attorney said he would call to schedule a meeting with Trish Adams, and on the Special Magistrate that there are five applications in so far, is advertised in the Florida Bar News and it may be ready for the next meeting. Mr. Paternoster said Officer Tom Poore and Kathleen Kawanic are forming a Sea Turtle Rescue group, that Mrs. Kawanic has some things she will be requesting from the City; and he will be meeting with them in the near future. Mayor Burkeen said he would conduct his public forum with Commissioner Davis next Tuesday. 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. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. xxxx A. Approval of Minutes - 11/8/06 Regular Meeting 06.178 B. Request for Policy -Five-Minute Public Input (Requested by Council Member Neglia) 06.179 C. Amend and Combine the 7/2006 Re-Nourishment and Asphalt Paving Purchase Orders to $201,356.01 and Pay Elmo Greer and Sons for Completed Asphalt Paving in the Amount of $47,428.56 (City Manager Transmittal, Project List) 06.180 D. Award of Contract for Thermoplastic Striping of Periwinkle Drive from Barber Street to Bridge in the Amount of $17,000 (PW Transmittal 11/16/06, Three Estimates) 06.181 E. Award Bid for 20 Hadco Poles and Fixtures for New Lights in Riverview Park to Best Lighting, Lake Park, Florida in the Amount of $32,430.00 -Environmentally Friendly (Parks Transmittal, Bid, Information) 06.182 F. Approve City/Chamber of Commerce Concert in Park Schedule for Riverview Park East Adjacent to Twin Piers - 1/19/07, 2/16/07, 3/16/07, 4/6/07, 4/20/07, 6/1/07, 6/15/07 (Parks Transmittal, Chamber E-Mail) 06.183 G. Approve Alcoholic Beverages Request for Hurtado Wedding Reception at Community Center -December 23, 2006 - 5 pm to 10 pm -Age Verified, Officer Hired & Fees Paid (Parks Transmittal, Application, Receipt) 06.184 H. Relay for Life -Friendship Park Use Approval (Parks Transmittal) 7 Regular City Council Meeting December 13, 2006 Page Eight 06.185 I. Approve Environmental Committee 2007 Earth Day in Riverview Park on April 21, 2007 from 10 am to 3 pm -Waive All Fees for Park Use -City to Provide Mobile Stage, Bleachers, Trash Bags, Tables and Chairs (Parks Transmittal and Event Information) 06.186 J. Resolution No. R-06-27 -Golf Course -Change of Dates in Rate Schedule (Golf Course Transmittal, R-06-27) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO FEES AT THE SEBASTIAN MUNICIPAL GOLF COURSE; AUTHORIZING THE GOLF COURSE DIRECTOR TO MAKE ADJUSTMENTS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR AMORTIZATION OF MEMBERSHIPS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 06.187 K. Waive Formal Bid Procedures and Purchase Automated Weather Observing System (AWOS) from Potomac Aviation Technology Corp. in the Amount of $68,000 (Airport Director Transmittal, Information) 06.188 L. Approve One Day Car Show at Sebastian Municipal Airport Sponsored by Sebastian PD G.R.E.A.T. and D.A.R.E. Programs (Airport Director Transmittal, Promoter E- Mail) 06.189 M. Authorize Purchase of Five Crown Victoria Police Patrol Vehicles from Duvall Ford Under Florida Sheriff's State Contract #06-14-0821 in the Amount of $152,807 (Police Chief Transmittal, FSA Bid Award and Specs) Mr. McCollum removed item K. Mr. Neglia removed item A, B, E F, H and I. Mr. Paternoster removed items D, G, J and K. Mayor Burkeen removed item C. On MOTION by Mr. McCollum, and SECOND by Mr. Paternoster, items L & M were approved on a roll call vote of 5-0. A. Approval of Minutes On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, approval of the November 8, 2006 minutes was postponed to January 10, 2007. 06.178 B. Request for Policy -Five Minute Public Input Discussion took place on Mr. Neglia's request to go to a five or ten minute limit, however, other members of Council did feel inclined to go along with this idea, rather Regular City Council Meeting December 13, 2006 Page Nine Mr. McCollum noted that Council has the authority under current rules to make a motion to stop a prolonged input if deemed necessary. 06.179 C. Asphalt Paving The City Manager amended the recommended action to read "Motion to amend and combine July 2006 renourishment and asphalt purchase order to $247353.73". On MOTION by Mayor Burkeen and SECOND by Mr. Paternoster item C was approved as amended by the City Manager on a roll call vote of 5-0. 06.180 D. Thermoplastic Striping of Periwinkle Drive Mr. Paternoster questioned the recommendation to use thermoplastic striping rather than paint, and the City Manager responded thermoplastic will last longer. Upon further questioning, Mr. Paternoster said he felt that more information is needed to justify the higher cost. On MOTION by Mr. Paternoster and SECOND by Mayor Burkeen, the item was postponed to the January 10, 2006 meeting until more information can be received on a voice vote of 4-1 (Coy -nay) 06.181 E. Hadco Poles and Fixtures for New Lights in Riverview Park In response to Mr. Neglia, the City Manager said an electrician had not yet been selected to do the installation, that the project will be done in two steps, materials and then installation, but staff was working with an electrician to help with specifications for wiring and upgrades. In response to Mr. Paternoster, the City Manager said the Public Works Department prepared the specs and tried to match the lights that are currently in use. In response to Mayor Burkeen, the City Manager said funds had been budgeted for this project, did not take into account the donation from the Clambake at this time, and that the Clambake Foundation will send a letter to the City notifying them what amount the donation will be in the next two weeks. On MOTION by Mr. Neglia and SECOND by Mr. McCollum, item E was approved on a roll call vote of 5-0. 06.182 F. City/Chamber of Commerce Concert in Park Schedule for Riverview Park East Mr. Neglia recommended that the requested dates be released for other use if the Chamber has not booked their bands as of March 31, 2007. 9 Regular City Council Meeting December 13, 2006 Page Ten On MOTION by Mr. Neglia and SECOND by Mr. McCollum item F was approved with the stipulation that if bands are not booked as of March 31, 2007 the dates be released on a voice vote of 5-0. 06.183 G. Hurtado Wedding Reception at Community Center Mr. Paternoster recommended, based on problems with the last wedding reception at the community center at which there were 150 people in attendance, that two police officers should be required for this reception and other events at which this number of people will attend. The City Clerk noted that the requirement is set out in a resolution that will need to be amended. On MOTION by Mr. Paternoster and SECOND by Mr. Neglia, the item was approved with the stipulation that two officers will be required to attend the Hurtado reception on a roll call vote of 5-0. The City Manager updated Council on staff review of overall issues relating to cleaning of City facilities and said he will bring back a full report. 06.184 H. Relay for Life -Friendship Park Use Mr. Neglia recommended that a schematic be provided, and the City Manager said the corrected dates for the Relay for Life are April 27 and 28, 2007 and that further detailed logistics will be brought back to Council, noting that this is simply a request to use Friendship Park and waive fees for the event. On MOTION by Mr. Neglia and SECOND by Mr. McCollum item H with the amended dates of April 27 and 28 and fee waiver was approved on a roll call vote of 5-0. 06.185 I. Earth Day in Riverview Park on April 21, 2007 Mr. Neglia questioned why the committee was requesting use of the City's mobile stage. Mayor Burkeen said the City should establish guidelines for use of the mobile stage. Trish Adams, Chairperson, responded that they were attempting to line up several guest speakers for the Earth Day event and would like the stage to be available. She stated that this event was one of Council's approved directives for the committee. Mayor Burkeen said Council should trust Ms. Adams to determine whether or not the stage was needed. On MOTION by Mr. Neglia, and SECOND by Ms. Coy, the Earth Day Event for April 21, 2007 in Riverview Park with a waiver of fees, was approved on a roll call of 5-0. 10 Regular City Council Meeting December 13, 2006 Page Eleven 06.186 J. Resolution No. R-06-27 -Golf Course -Change of Dates in Rate Schedule Mr. Paternoster said he had received several phone calls from concerned residents about the rate changes and reviewed some of the rates for the benefit of Council. He also said he was concerned for members having to pay the greens fees. The City Manager brought to his attention that there are no rate increases proposed in this resolution but merely changes the old specific dates for rate changes to seasons because of the change of daylight savings time next year to the beginning of March. He further said that Golf Course members do not pay the green fees that are paid by non-members and that the rate ranges give flexibility to the Golf Course Director to adjust within a season rather than readopt a resolution every year. The City Attorney confirmed that this flexibility allows the Golf Course Director to stay a little lower than the competition as well and that these rates have been in effect since 2002. 06.187 K. Automated Weather Observing System (AWOS) Mayor McCollum said he did not see anything that identifies that purchase as considered sole source, that several companies make this system and that it appears that staff has already negotiated with this company, and it should be put out to bid. MOTION by Mr. McCollum and SECOND by Mr. Neglia to deny. The Airport Director responded to questions about the AWOS, that it comes with a stainless steel box, said there are two major companies that make this system, that this unit supplies more things desirable to the City including the ability of the Airport Director to insert directives to pilots, that there will be $5,000 trade-in credit for the existing Super Unicorn system which failed in 2004 during the hurricanes for a net of $63,000, and noted it is 100% grant funded. Mr. McCollum said he found it disturbing that we negotiated with a company before we knew who we were buying it from. Mr. Griffin, in response to Mr. McCollum, said the other company would not reimburse the City for the existing equipment. He said he knows of least twelve different vendors that provide this kind of service, and if we don't go out to bid we won't know. He said he would provide a list of the vendors he has. Mr. Griffin said he had received a-mails from the California company and could supply them to Council but they do not come up to the level of this company. Voice vote on the motion to deny carried 5-0. Mayor Burkeen called recess at 9:13 p.m. and reconvened the meeting at 9:21 p.m. 11 Regular City Council Meeting December 13, 2006 Page Twelve 8. COMMITTEE REPORTS/RECOMMENDATIONS A. Environmental Advisory Committee 06.190 i. Consideration of Gopher Tortoise Protection (Collier County's code) Dale Simchick, Temporary Environmental Advisory Committee member, discussed The Gopher Tortoise Conservation Initiative and recommended Council consideration of gopher tortoise protection, requested that Council become proactive and direct City staff to begin research on drafting gopher tortoise protection language. She suggested that the City contact Ilka Daniel with the Humane Society, urged that developers be educated to work to protect them, and cited Ashtonbiodiversity.org as a great resource website for gopher tortoise protection information. Ms. Coy suggested passing this information on to Growth Management. The City Manager said the new Environmental planner had been hired. B. Planning and Zoning Request for Workshop Reaarding Building Heights This item was discussed earlier in the meeting. 9. PUBLIC HEARING 06.062 A. Ordinance No. 0-06-15 -Revised Charter Amendment Ballot Question # 7 (City Clerk Transmittal, Revised 0-06-15, Hearing Advertisement) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 3.06 AND DELETE SECTIONS 3.07 AND 3.08 OF THE CITY CHARTER TO PROVIDE FOR A POLICE DEPARTMENT BUT RESOLVING CONFLICTS WITH COUNCIUMANAGER FORM OF GOVERNMENT; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ ad 11/29/06) Mayor Burkeen opened the public hearing and the City Attorney read Ordinance No. 0-06-15 by title only. There was no public input, therefore the hearing was closed. On MOTION by Mr. McCollum, and SECOND by Ms. Coy, Ordinance No. 0-06-15 was adopted for placement of question #7 on the March 2007 General Election ballot on a roll call vote of 5-0. 10. 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 Bruce Zingman, reported on volunteers who planted plugs of grass at the new Stormwater Park, thanked SJRWMD and Sebastian for moving ahead with this. 12 Regular City Council Meeting December 13, 2006 Page Thirteen Mary Hill, Lobster Terrace, requested formal dedication of the Barber Street Sports Complex football field to honor Gary Scott. She submitted the written request to the City Clerk for distribution to Council. Mayor Burkeen requested this be placed on the January 10, 2007 agenda. Joe Scozzari, said for the record that he was not bashing the Clambake volunteers at the November 8"', 2006 Council meeting, that it was an awesome event and that the volunteers deserve a huge round of applause, but the directors of the event are his concern. Todd Klitenic cited three tax issues approved by the electorate in November to help out low income citizens and disabled veterans and asked if the Council would enact these tax breaks, and said the City Manager was visiting his home tomorrow to look at the ditch that has not had the second cutting. Mr. Paternoster asked if the voter issues addressed by Mr. Klitenic could be placed on the January 10, 2007 agenda. Linda DeSanctis, Laconia Street, thanked everyone for their support with her husband, and asked parents to know where their children are because vandalism in town is increasing. Amy Dyke, Sebastian, said she would captain a team for a Turtle Trax ten mile walk on February 24`h at Riverside Park in Vero Beach and was working toward bringing one of the Turtle Trax turtles to Sebastian but would need $10,000 in donations. She gave her phone number and asked people to contact her at 589-6967. Ruth Sullivan commended City Council for their environmental actions, said she was glad to see action on non-bid items, commended action on Main Street improvements and keeping the rivertront open, and complained about no action being taken on three story buildings on riverfront. Damien Gilliams, 1623 US 1, Sebastian, said he would miss Mr. McColllum, asked if the City had put in a wish list for the legislative delegation meeting tomorrow; said Planning and Zoning did not notify private property owners about the meeting regarding the riverfront building height issue; said Mr. Neglia should not shut the public up by limiting public input time; recommended a voter referendum to include the Walmart property purchase question; said Council was sworn to uphold the law and is obligated to bring in independent counsel to look into the Clambake allegations, said citizens have aright to look at Clambake expense records if the City Hall address is being used. He then read from a prepared statement citing that the City does not need an in-house charter officer, City Attorney and went on to criticize City Attorney, Rich Stringer's demeanor and personal habits at public meetings (Mr. Gilliams did not provide a copy of the prepared statement). 13 Regular City Council Meeting December 13, 2006 Page Fourteen Russ Owen, Sebastian, member of the Clambake festival, thanked Citrus Bank and Council on Aging individuals who volunteered at the festival. John Oakes, Birch Court, Sebastian, said the AWOS system is a serious safety issue, pointed out that this system is grant funded, and that Mr. Griffin is a twenty seven year pilot for USAir, and while he understood concerns about process, hoped that Council would not get into the issue of micromanaging. Brad White, Easy Street, Sebastian, asked if the City Manager was waiting for financial records from the Clambake Foundation, and would those records then be public and he was told they would be. The City Attorney said when the foundation gets all of its financial records together they will be sending a letter to the City. The City Manager said he does not expect financial records but notification as a beneficiary recipient. 11. OLD BUSINESS 06.062 A. City Council Consent to Change Ballot Title Referenced in Charter Amendment Ordinance No. 0-06-16 -Question No. 8 to Meet State Law Requirement that Ballot Title Not Exceed 15 Words (City Clerk Transmittal w/Reference to FS 101.161 On MOTION by McCollum, and SECOND by Ms. Coy, City Council consented to the change of ballot title for question number 8 as presented to comply with Florida law on a roll call vote of 5-0. 12. NEW BUSINESS 06.191 A. Election Issues City Clerk Transmittal, Proclamation. R-06-26, Election Ads) i. Reading of Mavor's Proclamation Calling March 13. 2007 General Election ii. Adopt Resolution No. R-06-26 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING THE OFFICIAL POLLING PLACES, OFFICES TO BE FILLED AND QUESTIONS TO BE DECIDED DURING, AS WELL AS AUTHORIZING PUBLICATION OF NOTICE AND DELEGATION OF ADMINISTRATION FOR, THE GENERAL ELECTION TO BE HELD ON MARCH 13, 2007; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Burkeen read the proclamation calling the March 13, 2007 General Election. On MOTION by Mr. McCollum, and SECOND by Mr. Paternoster, Resolution No. R-06-26 was adopted on a roll call vote of 5-0. 14 Regular City Council Meeting December 13, 2006 Page Fifteen 06.094 B. Conlon Landscaping Ditch/Swale Maintenance Agreement -Reallocate $89,690 from Stormwater Pest/Weed Control Line Item and $12,258 from General Fund Contingency and Approve Second Year Contract Amendment Option for a Total of $376,948 Available to Conlon (City Manager Transmittal, 2005 Agreement w/Attachment and Colored Maps Inserted in Packet) The City Manager presented the request and reiterated his recommendation in the agenda packet for approval of the Conlon contract amendment for ditch/swale maintenance. Mr. Paternoster requested clarification that Mr. Conlon saw that he was not going to make enough money after the initial cleaning so he is upping his price and asked when this decision was made. The City Manager said this was the case and this was decided in June or July. In response to Mr. Paternoster, he said that the item did not go out to bid because there was an option to renegotiate the existing contract and he told Mr. Conlon not to be overly concerned about getting the numbers to him at that time because he was more concerned with getting the initial work done. Mr. Paternoster said the City Manager did not advise Council that the item could be rebid, and the City Manager responded that it was his decision to keep the contractor on based on his belief that it was the most financially prudent approach and it was before Council now to make its decision. In response to Mr. Neglia, the City Manager said the City would be saving over 50% in this fiscal year with this contract amendment even with the increase because there will be no clearing expense this year. Mr. Neglia recommended finding out about using the types of spraying devices used by mosquito control. Mayor Burkeen requested that they had an up to date insurance policy. Following further questioning of the City Manager by Mr. Paternoster as to specific costs, the City Manager said the total cost for last fiscal year for mowing, clearing and right-of-way clearing was $851,000, and if you backed out the $102,000 it would have been around $750,000 for mowing and clearing. Mr. Paternoster said that once the ditches were cleared there was to have been a significant drop, so it may have gone down 50% but the figure for mowing ditches and swales was significantly lower than $375,000 last year and it appears he is charging us an additional $102,000 based on the recommended reallocations. The City Manager said if Council wanted more detail, he can bring that back and that he had looked at the bottom line figure. Mr. Paternoster said he was not prepared to vote on this until he had more detailed information. On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, the item was tabled until January 10~' when the City Manager has more information and the actual figures it is going to cost our taxpayers for this ditch and swale maintenance on a voice vote 4-1 (Coy -nay) 15 Regular City Council Meeting December 13, 2006 Page Sixteen 06.192 C. First Reading -Ordinance No. 0-07-01 -Voluntary Annexation for Vero Mini- Storage LLC 3.87 Acre Parcel at 9707 US 1-Set Public Hearing for January 10, 2007 (Growth Management Transmittal, 0-07-01, Request Letter, Chapter 171.044 FS, Survey) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 3.87 ACRES, MORE OR LESS, NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-07-01 by title. The Growth Management Manager pointed out that the applicant was not in attendance. On MOTION by Mr. McCollum, and SECOND by Mr. Paternoster, the first reading of Ordinance No. 0-07-01 was postponed on a roll call vote of 4-1 (Coy -nay). 06.192 D. First Reading Ordinance No. 0-07-02 -Small Scale Comprehensive Land Use for Vero Mini-Storage LLC 3.87 Acre Parcel at 9707 US 1 to Commercial General - Set Public Hearing for January 10, 2007 (Growth Management Transmittal, Location Map, Staff Report, P & Z Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF GENERAL COMMERCIAL FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS COMMERCIAL INDUSTRIAL (C/I) FOR LAND CONSISTING OF 3.87 ACRES, MORE OR LESS, SITUATED NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. 06.192 E. First Reading Ordinance No. 0-07-03 -Rezoning for Vero Mini-Storage LLC 3.87 Acre Parcel at 9707 US 1 to Commercial General -Set Public Hearing for January 10, 2007 (Growth Management Transmittal, Location Map, Staff Report, P & Z Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS GENERAL COMMERCIAL (CG) FOR LAND CONSISTING OF 3.87 ACRES, MORE OR LESS, SITUATED NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. On MOTION by Mr. McCollum, and SECOND by Mr. Paternoster, the first readings for Ordinance Nos. 0-07-02 and Ordinance No. 0-07-03 were postponed on a roll call vote of 5-0. 16 Regular City Council Meeting December 13, 2006 Page Seventeen 06.008 F. Award Bid for Unit Price Contract for Quarter Round Swale Improvements and Defective Driveway Culvert Replacement Project as Specified by City to Timothy Rose Contracting, Inc. of Vero Beach with Final Total Contract Not to Exceed $800,000 (City Manager Transmittal, Colored Maps Inserted in Packet) The City Manager briefly reiterated his recommendation as set out in the agenda packet. In response to Mr. Paternoster, the City Manager responded the Engineering Department had prepared the specs, and that staff's estimates was around $10 to $15 per linear foot. He said the City has not ever bid out a quarter round project so there was no preconceived expectation of what the cost would be. On MOTION by Mr. McCollum and SECOND by Mr. Neglia, the meeting was extended to 11 pm on a voice vote of 5-0. Eugene Wolff, inquired how many companies bid on this project. He said Timothy Rose's references seemed odd and asked how well they were checked out. Mr. Paternoster asked if any references had been checked for quality. The City Manager said we have worked with this contractor and the City has had mixed results with him, but that staff has talked to him and is prepared to work with them. He said based on the bid differences he said Rose's bid was substantially lower, staff was forced to work with him based on his bid being the best alternative for the City. In response to Mr. Paternoster, the City Manager said one of the problems in the past was a drug and alcohol problem and the employee had been terminated by the contractor. Mayor Burkeen noted the bid option page showed a different cost, and the City Manager said the two low bidders had been asked to submit amended options and only Timothy Rose adjusted his numbers. The City Manager then said he realized the amended Timothy Rose bid option had apparently not been included in the packet. On MOTION by Mayor Burkeen and SECOND by Mr. Paternoster, the bid for the quarter round swale improvements and defective driveway culvert replacement was tabled for corrected information to the January 10th meeting on a roll call vote of 5-0. Mayor McCollum requested that item I be moved up because it was time sensitive. I. Airport Lease for Airport Administration Building Mayor Burkeen said the City Manager had sent out an a-mail to Council regarding rejection of the two proposals for the administration space at the airport (see City Manager memo dated December 12, 2006 attached). 17 Regular City Council Meeting December 13, 2006 Page Eighteen He said staff put out an RFP and two bids were received and rejected by the City Manager because of the prices submitted. In response to the Mayor, the City Manager agreed there was no minimum bid in the RFP, however, it did state that staff reserved the right to reject any and all bids. Mayor Burkeen said the question is does Council want to reject the bids or do they want to honor them. Mr. McCollum said he was concerned because two people followed the rules and submitted bids and one of the companies who submitted a proposal and found out there were side bar negotiations going on with a company that did not put in a proposal. He said he knew this negotiation was taking place but did not know it was for the same space for which the RFP was put out. He said there may not be a legal problem but there may be an ethical problem, since Council sent out an RFP, and though the City Manager is doing his job by looking at alternatives, these two companies put in their paperwork and if we don't award this to the high bidder, the other company we are doing sidebar negotiations with should not be allowed to submit anything either. Mr. Paternoster said this is the first time he has seen this and something of this type should not be e-mailed but should be put in packets or hand-delivered and asked that this be tabled while he has time to review it. Mayor McCollum said Mr. Ahlersmeyer called him immediately when this occurred, and told him his company J-Med has to make a decision on its current location by January 1st. He said it was his understanding that J-Med was the winning proposal of the two submitted and there is no mention of that in this memo. Mr. McCollum made a motion at this time to award to the RFP that was going to pay us the most money. Ms. Coy noted in reading the a-mail that TCAP was higher. Mr. Neglia said he could not accept $8 per square foot and the City Manager said this is what he is recommending. Mayor Burkeen said ethically we steered these two companies wrong. In response to Mr. Paternoster, the City Manager said he did not include a cost in the RFP and reserved the right to reject any and all bids; and if Council did not agree with his recommendation, then it would be his recommendation that staff work out a lease agreement with J-Med before January 1 Sc 18 Regular City Council Meeting December 13, 2006 Page Nineteen Jerry Ahlersmeyer, said he was told that he had to play by a certain set of rules and then found out staff was playing by another set of rules by negotiating with a third company, and noted Council did not set a minimum figure for the RFP nor did it say what kind of business it had to be. He said he questions the ethics of this process. The City Manager said staff has been negotiating with another company for this building. Mr. Paternoster agreed with Mr. Ahlersmeyer that the rules have to apply to everyone and he should get the bid if he is the highest one. Mr. Ahlersmeyer said if he is not the high bidder he can live with that, but his concern is that it was not a level playing field. Ms. Coy said in RFPs there is a stated right to reject any or all bids. The City Manager said the RFP also included operations that best fit the space would be considered. Ms. Coy said the City decided to reject. The City Manager responded to accusations that there was unethical behavior or that we tried to trick someone and that is not the case. Mayor Burkeen disagreed and said that in his conversation with the City Manager the other night, the City Manager said he thought we should hold off on giving this RFP because of a third party that was playing in there and we may want to entertain that later on. He said it may not be unethical, but it is inconsistent, we didn't play fair and it would be unethical for us not to honor it with J-Med Lab. On MOTION by Mayor Burkeen, and SECOND by Mr. McCollum, Council honored the RFP and gave the bid to J-Med Lab. Joe Scozzari, spoke on the ethics of the City Manager. Damien Gilliams said as a real estate broker $8 a square foot is fair market value at the airport and they would be fools not to take it. Roll call vote on the motion carried 5-0. 06.105 G. Award Bid for Unit Price Contract for Construction of Sidewalk and Related Drainage Improvements as Specified by City to Timothy Rose Contracting, Inc. of Vero Beach with Final Total Contract Not to Exceed $650,000 (City Manager Transmittal, Colored Maps Inserted in Packet) On MOTION by Mr. McCollum, and SECOND by Mr. Paternoster, the bid for the construction of sidewalk and related drainage improvements was awarded to Timothy Rose Contracting, Inc. in an amount not to exceed $650,000 on a roll call vote of 5-0. 19 Regular City Council Meeting December 13, 2006 Page Twenty 06.195 H. Approve Airport Lease Assignment -Houston to Duane Swina (Airport Director Transmittal, Lease Assignment) On MOTION by Ms. Coy, and SECOND by Ms. Coy, the reassignment of airport lease from Houston to Duane Swing was approved on a roll call vote of 5-0. The following items were not addressed. 13. CITY ATTORNEY MATTERS 06.196 A. Discussion of Signs in Council Chambers (No Backup) 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS 17. Being no further business, Mayor Burkeen adjourned the Regular Meeting at 11:00 p.m. Approved at the January 10~", 2007 Regular City Council Meeting. ~-' ~~~ ~~~ Brian S. Burkeen, Mayor ATTES `` -~~ ~. ~~~, - Sa1>y A. Maio, MC -City Clerk 20 ~~ TO: Members of the Sebastian City Council FROM: AI Minner, City Manager RE: UPDATE -AIRPORT ADMINISTRATIVE BUILDING SPACE RFP DATE: Tuesday, December 12, 2006 On September 7th, an agenda transmittal was submitted for your review, to consider the idea of leasing out the "Engineering" wing of the airport administrative facility. The basic concepts of that memo (1) reviewed some historic actions that led to the development of the facility; (2) questioned whether the building serves the needs of the City; and, most importantly, (3) introduced the idea of renting the wing in an effort to generate additional funds and aid in the ', economic development potential of the City. Subsequently, at the September 13th, Regular Meeting, the Council reviewed the concept and provided authorization to market the building space. Concerning marketing of the empty space, it was initially reported that the retail value of the ', commercial space was $12 per square foot. However, when Joe Griffin began initial marketing' efforts, it was estimated that the value could be as high as $15-$20 per foot. Without a real concrete idea of retail rental value, one company that showed past interest in renting Airport property was asked if they would be interested in renting office space. That company, a local 'I medical supply manufacturer named J-Med, showed interest; however, it was concluded that a formal RFP process should be conducted to seek the best financial and operational solution for' the City. By late October/early November an RFP process was started and advertisements in the local paper, and later a Melbourne paper, were placed. Two companies returned proposals by the November 30th deadline. Those companies were J-Med (Sebastian, FL) and Treasure Coast Pilot Academy (Kissimmee, FL). Their proposed annual rental rates were $18,400 and $18,600'. respectfully, both in the range of $8.00 per square foot. Upon review of these proposals, two conclusions have been drawn; (1) both proposals yield low rental rates; and, (2) the standard RFP process did not do enough to realize the full potential of the available space as only two ', inquires were made. ', As a result, I provide the following as an update to the Council: 1. As of Tuesday, December 12, 2006, the two companies that submitted proposals have been verbally informed that all proposals have been rejected. A follow up letter to those companies will be forthcoming. 2. To continue in an effort to seek the best financial and operational value of the open space, staff is beginning a new RFQ (Request for Qualifications) process with commercial realtors to help better market the facility. It is the goal of this process that a' company with more commercial retail rental experience can help the City utilize the space to its fullest potential. While some of the revenue generated would have to be shared in this venture, the net return should be above what has already been offered. Of course, any contract entered into for this type of service will require your approval. To this end, Joe Griffin as been instructed to start an RFQ process immediately and it is anticipated that a contract will be before you at your January 10, 2007 regular meeting. Other information: 1. All efforts to market the administrative space, as well as the Airport, should continue in ain effort to realize the best options for the City's enterprise. Of course, any change, modification or deviation to a plan will ultimately require Council ratification. ', 2. Obviously, it is disappointing to reject the proposals for rental space at the airport administrative facility. However, this is not a financial or operational setback. In essence, the City is in a no-lose situation, as the Administrative Building was never intended to set the City in a position to realize a return on its investment. 3. Since the Engineering Department has moved to City Hafl, I am happy with the results. Engineering has fit nicely into the old "City Attorney" suite and they seem to be ', functioning well. This change has brought the Engineering Department closer to other', administrative operations and utilizes City Hall space more effectively. While it has only been approximately 8 weeks in the new location, so far so good. ', As always, if you have any questions concerning this or other matter, please feel free to contact me at your earliest convenience.