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HomeMy WebLinkAbout05142008CfiY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 14, 2008 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was led by Vice Mayor Neglia 3. There was a moment of silence led by Council Member Paternoster dedicated to the victims of the recent wildfires in Brevard County and across the State. 4. Vice Mayor Neglia read the Civility Pledge. We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Airport Director, Joseph Griffin City Engineer, David Fisher Growth Management Director, Rebecca Grohall Parks Supervisor, Chris McCarthy Police Chief, Jim Davis Police Lieutenant, Michelle Morris Public Works Director, Jerry Converse Regular City Council Meeting May 14, 2008 Page Two 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 08.016 A. Presentation of Plaque -Employee of the 1St Quarter Mayor Coy presented a plaque and bond and congratulated Wanda Webb who was named Employee of the 1St Quarter. 08.057 B. Proclamation - USFWS Pelican Island Wildlife Refuge Manager Paul Tritiak 1 Mayor Coy read and presented the proclamation to Paul Tritiak and his family and told him he will be missed. Mr. Tritiak thanked her for the proclamation, noting he has been a resident since 1993, and thanked the City for support for the annual Pelican Island Wildlife Refuge, and announced he will be moving to the Ding Darling Refuge in Sanibel. 08.058 C. Proclamation -Public Works Employees -May 18-24, 2008 3 Mayor Coy read and presented the proclamation to Public Works Director, Jerry Converse, who thanked her on behalf of all Public Works staff. 08.059 D. Proclamation -National Tourism Week - Mav 10-18, 2008 5 Mayor Coy read and presented the proclamation to Beth Mitchell, Executive Director, Sebastian River Area Chamber of Commerce, who along with Nicole Capp gave a brief presentation on recreational activities in the area. Brief Announcements Mr. Paternoster said his old cell phone had been out of service, he had just received a new phone and would get back to anyone who had contacted him. Mr. Neglia discussed the recent successful Relay for Life event and thanked the Sebastian Property Owners Association team, the Sebastian River High School students who helped with anything that needed to be done and all the participants. Mayor Coy announced the Memorial Day service in Riverview Park on Monday, May 26, 2008 at 11 am. There was a consensus to agree to a joint meeting for the ISBA agreement on June 18th with a second choice of June 16th There was a consensus to conduct a Special Meeting on June 18th at 7 pm for the Charter Officer evaluations. 2 Regular City Council Meeting May 14, 2008 Page Three Ms. Simchick thanked Bruce and Barbara Zingman and all volunteers for the KIRB cleanup and said we should do this more than once per year. 8. Item Carried Forward from April 30, 2008 Special City Council Meeting 08.010 A. Rank Proposals and Authorize Contract Negotiations for Collier Creek Seawalls (Same Backup as Provided for April 30, 2008 Meeting) Mayor Coy noted this is time for Council input following the lengthy special meeting where public input was taken. She suggested starting off with deciding if we are going with vinyl or steel. MOTION by Mr. Paternoster and SECOND by Ms. Simchick that we use vinyl material for the seawalls with a concrete cap. Mayor Coy said she was going to dispense with using the rotation list and advised Council members to speak up if they had something to offer. Mr. Wolff began Council discussion expressing concern for how we got to where we are and said it seems we have a problem executing RFPs, whether at the airport, the CRA or Collier Creek, that this RFP was destined for failure, noting staff has said they feel 100% that they followed the guidelines. He said it was inevitable this would come to Council because it was too vague and was not giving anyone the ability to make comparisons, and that staff does not have the prior experience in this particular project. He said he looked for steel to be a viable option and could not find it, and the comparison between vinyl and steel arose because the vinyl became so contentious because of the way that the RFP was handled that steel was introduced to alleviate the potential for any lawsuits or contractors from crying foul. Mr. Wolff continued that the steel presentation was not good, we found engineering was conceptual and there was no finite cost, nor did it meet certain standards and left the steel number open to interpretation, and did not the like the steel presentation that was made. He said he liked Custom Built Marine's presentation relative to saving trees where the current plans call for removal of trees. He said ultimately he wants to complete the project within budget and properly, asked why we would get into anything that would require maintenance, and asked what makes us think we will go back and maintain steel walls. He said he thinks the steel issue has been a red herring because the RFP was not executed properly and if we chose a vinyl person we would have problems. He noted that the concrete caps and tiebacks are still standing after 50 years and everything else has failed, and the use of cantilever steel just doesn't ring in logical sense. He said the residents have said they want vinyl with concrete cap. He said we need to go back and decide what type of concrete cap and the thickness of the vinyl we want and the type of tiebacks and then the citizens will get the bang for their buck and know we have been responsible with taxpayer money and have gotten the best deal. He said he would not be voting for the steel supplier or installer tonight. Regular City Council Meeting May 14, 2008 Page Four Mr. Neglia said we should have not bothered with the steel, that staff probably thought the steel would be best for the City, the RFPs were not put together properly, said he keeps reading all the materials and said whichever way we go, if we do go vinyl we should put it out to bid again. He said whatever we do has to be the best for the citizens, said both products will work, but one will be less work for the City. Mayor Coy said she has been a proponent of steel, was disappointed there is only one bid, noting the steel came in with the other bids contrary to what is being said about lawsuits, said the cantilever wall makes it so we don't have to put in tiebacks, and won't agree to use old tiebacks if we use vinyl. She said digging up old tiebacks will cause problems in some people's properties and they will have to be fixed and we will have to get permission to go onto properties. She said steel is cantilevered and will not require tiebacks and the costs would be about the same. She recommended we rebid either one, because this process became corrupted, and then showed the voluminous material Council was asked to review. She said she has been inundated by a-mails from the contractors, and it should never have happened. She said the contractors should have gone through City staff and Council should not have been lobbied. She said if Council rebids there will be no lobbying allowed, noting the steel guy did not lobby Council and thought that honorable. She said she will strongly recommend that we go out and rebid steel with specifications. Mr. Paternoster agreed with Mr. Wolff and Mr. Neglia and part of what Mayor Coy said. He asked the City Manager if this was a bid or a design build. The City Manager said a bid is when you go out to the marketplace and you have a specific spec and you ask to be provided with a bid and you award a contract based on numbers only, but in this case we asked for proposals to build us a wall any way you want to and we will rank it as to design, ability to work with you and other criteria and on cost. He said he took exception to the statement that we don't know how to do RFPs. He said a proposal is ambiguous, and does try to compare apples and oranges and bananas so we can take what is best for us. He said if we go back out we will do an RFP with a little bit more specifics so we can save money on professional services, but if Council decides it wants a specific project with vinyl and a concrete cap and tiebacks, it will need a new CCNA process and be redesigned and will set us back to in his estimation over $100,000. He again explained the difference between a bid and an RFP. Mr. Paternoster said Council was under the impression that the material originally being considered was vinyl. Mayor Coy said she was not under that impression. The City Manager said he concurred with Mr. Paternoster's statement but at the 11th hour the steel came into the picture. Mr. Wolff said he recalls that at a previous meeting it was said it would be concrete cap and vinyl walls. The City Manager said that is correct that we were leaning toward vinyl. Mr. Paternoster asked what CDM had done for the money we paid them, and the City Manager we will pay them approximately $13,000 for their review of proposals based on safety factors, they sat in meetings, looked at dredging, tree, deflection specs, and reviewed a list of questions from proponents. Mr. Paternoster said basically they designed the wall and the City Manager disagreed, that their job was not to design the wall they but used their professional experience to advise the City if the wall would work. 4 Regular City Council Meeting May 14, 2008 Page Five Mr. Neglia said CDM had to switch gears from vinyl to steel and determine how it would work. Mr. Paternoster said their calculations regardless were set so they knew what mathematics were involved in the wall itself, and CDM said either product would work. He said what we paid them for was to tell us both products would work. The City Manager said to make sure that the engineer that brought a design to the table by a potential contractor provided a design that would work. Mr. Paternoster said he would not want to use existing tiebacks, and asked for clarification that if we have to go back say 15 feet we could come out further and put fill behind the wall so we would not have to encroach on properties, and asked if tiebacks would still be an issue. The City Manager said that a tieback system would work, and there would be other potential issues, but he would still recommend a cantilevered system without tiebacks. Mr. Wolff said the work will be done from a barge, and no one is going to dig up anyone's yard. He described the process used, and said if obstruction is discovered, you would shorten the tieback used and use a thicker tieback or use tiebacks closer together. Mr. Paternoster discussed calls received from vendors and Mr. Stringer agreed this is not commonplace, and Mr. Paternoster said he did not receive a memo telling Council members not to talk to them so it continued. He said Council was at a loss for what to say and that is why we had the meeting on April 30th. He said he is for the vinyl product. He questioned why the City Attorney is sitting on a review committee, and should be acting as legal counsel if there were problems, said he was told by the City Manager there may be legal issues, as Council they deal with what is put in front of them and concurred with Mr. Wolff that something, somewhere went awry, and the best way to get out of it is to throw it all out and start over, but that is not fair to anyone. He said we need to decide on the material and then what we are going to do. Mayor Coy said there was someone who is here tonight in the audience who told her there will be a potential lawsuit, so she stopped answering the a-mails and calls. Ms. Simchick said the four pages in the April 23~d packet was a disappointment to her with the lack of information on the recommendation for steel, said the steel custom design build was an honest bid, it was not specific to vinyl, and said making this decision she did not mind sifting through the information that Mayor Coy held up. She said the litigation issue came up because there were statements that we were already in preliminary negotiations which was not true. She said she preferred the vinyl with concrete cap, and asked staff if we could put this out again as a custom design build with vinyl and concrete cap. She recommended that there will be an opening date and closing date and no lobbying of Council or providing additional information after it is closed. She agreed with Mr. Paternoster that legal advice should have been forthcoming about how Council should conduct themselves with vendors and a letter sent to vendors. Mr. Neglia said with all he is reading is that the steel is the stronger way to go and the sheet vinyl has only been used for 19 years and there are no studies on it. Mr. Paternoster changed his motion at this time to vinyl walls with concrete cap and new tiebacks and Ms. Simchick seconded the changed motion. 5 Regular City Council Meeting May 14, 2008 Page Six Result on the roll call vote was as follows: Ayes: Paternoster, Simchick, Wolff Nays: Neglia, Coy Passed 3-2 MOTION by Mr. Neglia and SECOND by Mr. Paternoster that we rebid the vinyl product Ms. Simchick clarified that the City Manager said it cannot be a bid but has to be an RFP due to additional engineering cost that a bid would require. The City Manager said it could be a bid but it would have to be speed out and recommended an RFP for a design build on a vinyl wall with new tiebacks, concrete cap and asked them to design the wall for us. Mayor Coy added "and no lobbying". The City Attorney said the alternative is you can spec out a wall and do a straight construction bid, CDM can design it and bid it out and then you are just looking at numbers but you will have to pay design costs but the design costs were already wrapped into the proposals. The City Manager concurred but anticipated the cost would be in excess of six figures and if Council did not want to use CDM they could go back out and use the CCNA process for engineering. Mr. Wolff said we don't want to spend six figures, that CDM has never designed a vinyl wall, and Council expects staff to do what is right for all the taxpayers, that this is not rocket science but is just a wall, and then in the evaluation Council has to figure out how do we know who is getting a fair shake. Ms. Simchick stated she would like the plans we received at the request because as Mr. Wolff has stated, his experience is the same as the City Manager's so he can evaluate this and ultimately it is Council's decision and we can make the same. value decision as the City Manager. She said staff's job is to break it down into sound bytes and palatable sections Council can understand, so we can see how they rank it and either go with staff recommendation or not. Mrs. Simchick said there is a motion on the floor, and there was a clarification whether to use the word bid or go back to the CC. The City Manager said if Council passes this motion staff can draft out another RFP, and before it hits the streets run it past Council and lay out in a memo ancillary to the RFP so that you can see a timeline, when we get into ranking the criteria maybe get into modifying how we rank, then do staff interviews or Council interviews. He said he will provide the RFP to Council before the end of the month so Council can see how the process will work before staff starts it. He gave a rough timeline as follows: staff writes RFP this week or by the end of next week May 23, Council receives a draft RFP via a-mail, he will take comments and put them into play as he sees appropriate, by the first part of June have an RFP out for a thirty day period, proposals come in first of July, two weeks to review proposals, committee review and a special meeting for ranking in mid-July, negotiate contract by end of July or beginning of August, with contract execution and then notice to proceed by the end of August or beginning of September. 6 Regular City Council Meeting May 14, 2008 Page Seven Mr. Paternoster asked the City Attorney for the legalities on disclaimers to prohibit lobbying, and the City Attorney said you can put it in the RFP though an experienced public contractor knows he is not to lobby. Ms. Simchick again noted the motion was clarified to be for an RFP and not a bid. The City Clerk noted that Mr. Neglia made the motion and asked if he was changing it from bid to RFP and he said he was, and Mr. Paternoster confirmed the second. Mayor Coy again said public input was allowed during the special meeting and this time was for Council deliberation. Result on the roll call vote was as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Neglia Nays: None Passed 5-0 Mayor Coy called recess at 8:35 p.m. and reconvened the meeting at 8:45 p.m. All members were present. 9. Items Not Addressed at the April 23, 2008 Regular City Council Meeting 08.054 A. Land Development Code Business Sign Change Recommendations (GMD Transmittal, Memo -Same Backup as Provided for April 23, 2008 Meeting) The City Manager briefly presented staff recommendations to change code provisions to allow sandwich board type signs. Beth Mitchell, Sebastian River Area Chamber of Commerce, submitted a handout from Small Business Administration on the importance of signage (see attached), and thanked Council and staff for being responsive to businesses. Cindy Falco-DiCorrado, concurs with allowing this type of signage. Damien Gilliams, 1623 US 1, commended staff for getting this done, however, a lot more needs to be done, and recommended a summit, said we need more parking, said homeowners are also hurting and suggested a big garage sale in our park once per month until things turn around. Mr. Paternoster said he is all for this and talked about permanent signs much like those in the historic area of Melbourne. He asked the City Manager if signs have to be according to the old fishing village theme. The Growth Management Director recommended wood framed, chalk board style or white board style, not plastic. Mr. Neglia agreed, but was concerned about pennants and flags. Mayor Coy thanked staff for getting this back and said she was in favor 7 Regular City Council Meeting May 14, 2008 Page Eight Ms. Simchick said she would not want to specify no vinyl signs because of the weather and extending grand opening to sixty days is fine. Mr. Wolff said the sign material should not be stipulated by the City and agreed to the sixty days. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to approve the LDC business sign change and disregard the stringent regulations on sign type and allowing for vinyl and extend to 60 days passed on a voice vote of 5-0. The City Manager described the approval process and said staff will act accordingly with Council's recommendation. The City Attorney said we will suspend enforcement until that time. 08.055 B. Liberty Park Planned Development Discussion (GMD/City Manager Transmittal, Memo, Plan, Maps, Letter, Q & A from Developer's book -Same Backup as Provided for April 23, 2008 Meeting) The City Manager said this is a County project and asked if Council has any concerns that staff will take them to the County. The Growth Management Director said Liberty Park is a Planned Unit Development Traditional Neighborhood Design which comprises 637.53 largely outside the urban service area and is located south of CR510 and west of 66th Avenue (Schumann Drive). Further information on the project is located in the agenda packet in a memo from the Growth Management Director dated April 16, 2008. Todd Klitenic, Barber Street, Sebastian, said this looks like a good project. Andrew Kennedy, P & S Properties, representing the developers who are local investors, noted attendance by Engineers Brian Goode and Joseph Schulke, listed the rest of the team who were not in attendance, described the property for which they are receiving positive support and then responded to questions and concerns from City Council relative to children in the development being given preferential treatment to attend Liberty Magnet School, where the mitigation open areas are and their relation to Sebastian, which Joe Schulke described and are set out in the agenda packet, concerns to the City of Sebastian such as fire service, salaries for fire personnel and City road impacts, what the cost of the homes will be and whether there will be affordable housing, and how they will fill housing in this time of housing problems. Mr. Kennedy said they were donating property for a fire station and that he can get back to them on housing costs. Ms. Simchick said she would like to see traffic issues such as Barber/Schumann and US 1/Hess worked out now with the City as the developers have done for the County. Brian Goode, Kimley Horn, responded to traffic concerns relating to the Barber/Schumann intersection. Regular City Council Meeting May 14, 2008 Page Nine Damien Gilliams, 1623 US 1, familiar with P & S Properties, said Proctor is a class operation, we should welcome them but good point about fire impact, maybe they should provide because they are impacting the community, and recommended contacting the IRC School Board construction manager. MOTION by Ms. Simchick and SECOND by Mr. Wolff to recommend coordination of staff's proposal to submit a formal transmittal of comments to Planners regarding this project. Mr. Neglia said he was concerned about traffic impacts to Sebastian and the piece on Barber and US 1. Mr. Paternoster asked that they get back with minimal cost of housing because of his concern that so many houses are up for sale. Mr. Wolff apologized to Mr. Kennedy for his comments regarding school children not walking to school in Florida. Voice vote on the motion passed 5-0. 08.031 C. Resolution R-08-04 -Florida Dept. of Transportation Supplemental Joint Participation Agreement for Hangar Construction (Airport Transmittal, FDOT Letter, Agreement, R-08-04 -Same Backup as Provided for April 23, 2008 Meetin A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATON SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING TO CONSTRUCT HANGARS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Mr. Paternoster suggested moving item 15 B to this part of the agenda as item 9D because it is an airport item that goes with this item. Ms. Simchick said we cannot do this and staff clarified that this can be done by a motion to amend the agenda and approval by majority vote and it is only unanimous to add to the agenda. MOTION by Mr. Paternoster to move item 15B to 9D failed for lack of a second. MOTION by Mr. Wolff and SECOND by Ms. Simchick to move item 9C to New Business and move 15A and (inaudible) to the top of new business passed on a voice vote of 5-0. Mr. Wolff clarified that 15B is 9C. 10. CONSENT AGENDA 7-17 A. Approval of Minutes - 4/23/08 Regular Meeting 19-24 B. Approval of Minutes - 4/30/08 Special Meeting 08.060 C. Independence Day Street Closings and Yacht Club Ramp Closing (Parks 25 Transmittal) 9 Regular City Council Meeting May 14, 2008 Page Ten 08.061 D. Approve Sebastian River Art Club's Show at Riverview Park on 11/15/08, 27-30 12/13/08, 01/17/09, 89, 88, 2/28/09 and 3/1/09. 03/21/09 and 04/11/09 from 10:00 a.m. to 4:00 p.m.; Rain Dates for 11/16/08, 12/14/08, 01/18/09, 03/22/09 and 04/12/09 from Noon to 4:30 p.m.; and Reduce Application Fee by 50% (Parks Transmittal, Application, Letter) 08.062 E. Approve Treasure Coast Crafters Club Show at Riverview Park on December 20 31-34 and 21, 2008 from 9:00 a.m. to 4:00 p.m. (Parks Transmittal, Application) MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve the consent agenda as it stands passed on voice vote of 5-0. The City Clerk stated for the record the February dates for the Art Club were requested to be changed to February 28th and March 1, 2009, and Parks staff had cleared and concurred with those dates. There was no Council objection. Mayor Coy called recess at 9:55 p.m. and reconvened the meeting at 10:12 p.m. All members were present. 11. COMMITTEE REPORTS 8~ APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. A. Planning & Zoning Commission 08.047 i. Fill One Expired Regular Member Position -Term to Expire 5/1/2011 35-41 (City Clerk Transmittal, Application, Ad, List) MOTION by Neglia, SECOND by Wolff to reappoint Mr. Larry Paul to serve from (to) May 1, 2011 carried on a voice vote of 5-0. 08.047 ii. Fill One Vacant Regular Member Position -Term to Expire 2/1/2011 43-51 (City Clerk Transmittal, Application, Ad List Minutes Excerpt) City Council interviewed Mr. Srinivasan. Mr. Paternoster asked if he had had a medical procedure which prevented him from attending the last meeting and Mr. Srinivasan said he had the procedure and had talked to the Deputy Clerk and it was his impression that since he was the only applicant, he would be appointed. Mr. Paternoster expressed concern for the tone of the letter sent to Mayor Coy after that meeting from Mr. Srinivasan. In response to Mr. Paternoster Mr. Srinivasan said he analyzes data relating to the utility for the City of Vero Beach. Mr. Paternoster said he feels in reading his letter, that Mr. Srinivasan feels angry. Mayor Coy said she only wanted an opportunity to meet with him because Council had no knowledge of him and usually know of something of board applicants. Mr. Wolff asked him to elaborate on his three years in local government. 10 Regular City Council Meeting May 14, 2008 Page Eleven Mr. Srinivasan explained his work with the City of Vero Beach. Ms. Simchick said his wife works with the Sebastian Police as a dispatcher. MOTION by Ms. Simchick and SECOND by Mr. Wolff to appoint Mr. Srinivasan. Mr. Srinivasan said he had some minor experience with plans and no prior experience with Planning and Zoning. Motion passed on a voice vote of 5-0. 12. PUBLIC HEARINGS -None 13. UNFINISHED BUSINESS 08.063 A. Barber/Schumann Intersection Funding Update (Council Transmittal) 53 The City Manager gave a brief presentation reiterating his report on Ms. Simchick's efforts in Tallahassee to seek funding for the Barber/Schumann intersection improvement and commended Representative Poppell for his support (see City Manager memo attached). MOTION by Mr. Paternoster and SECOND by Ms. Simchick to extend the meeting to 11 pm passed on a voice vote 5-0. Ms. Simchick thanked everyone and reported on her lobbying effort in Tallahassee and thanked Representative Poppell for his support and said she wanted residents to know we don't have the final say in this. 14. PUBLIC INPUT Public Input for each individual is five minutes; however, it can be extended or terminated by a majority vote of Council members present. Damien Gilliams, 1623 US 1, thanked Ms. Simchick for her efforts, reported Brevard County received millions for many projects from Tallahassee, thanked Mr. Poppell for his efforts, and suggested staff put together a garage sale in the park for residents and businesses can participate, commended Chamber video, and said we need to jumpstart businesses. Larry Paul, 1701 Sunset Lane, Sebastian, thanked Council for reappointing him to Planning and Zoning Commission and welcomed the new member. Richard Gillmor, 744 Kroegel Avenue, Sebastian, discussed homes in the community that are not being taken care of due to foreclosures, etc., and recommended apublic/private venture to maintain rental homes or homes for people who don't have time or money to fix up homes and said perhaps the City can hand off maintenance to the Exchange Club or churches. He called it Spruce Up Sebastian. 11 Regular City Council Meeting May 14, 2008 Page Twelve 15. NEW BUSINESS 08.064 A. Pedestrian Bridge Construction Contract and Neel-Schaffer Professional 55-130 Services Amendment -Third Pedestrian Bridge (Engineering Transmittal, Photo, Contracts, Bids) The City Manager's recommendation in the packet was for amendment to the Neel-Schaffer contract in the amount of $12,825; award contract in the amount of $556,800 to Gregori Construction & Engineering to provide and install three galvanized steel fabricated pedestrian bridges on Barber Street at Hardee Park, Periwinkle Avenue over the Elkcam Waterway, and Barber Street between Concha and Joy Haven, and authorize the City Manager to transfer $277,825 from DST funds in order to execute the agreements and cover the cost of FPL electric improvements. Richard Gillmor, 744 Kroegel Avenue, encouraged Council to approve for pedestrian safety reasons. Mr. Paternoster asked if this conforms to ADA standards and the City Manager said it does Mr. Neglia asked about the lighting costs, and Frank Watanabe, Neel-Schaffer said LED lighting is costlier than florescent. He said there was consideration for solar lighting and it was a higher cost. He said the LED lighting is very durable and will last. He said lighting during power outages can be looked at but the design does not include it. Ms. Simchick asked why wood and not trex was considered, and Mr. Watanabe said wood is very durable and is pleasing to the environment. Mr. Watanabe said the deck surface can be looked at for a cost saving. Mr. Wolff asked why the bridge needs to be lit, and Mr. Watanabe said this is due to the fact that it is over a canal for safety reasons. MOTION by Mr. Paternoster and SECOND by Mr. Wolff to approve the pedestrian bridge contract but ask if they can look into using the trex because it would be better for everyone involved. Ms. Simchick said perhaps we should do this in three separate motions. The City Attorney said in the interest of time they could move to approve staff recommendation, however changing to trex instead of wood. Mr. Paternoster withdrew his motion but said it had been his intent to approve the entire staff recommendation. Mr. Wolff said he had spoken to staff and that solar can still be investigated. The City Attorney phrased the motion "move to approve staff recommendation substituting trex for wood on the bridge and solar lighting". 12 Regular City Council Meeting May 14, 2008 Page Thirteen MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve as stated by the City Attorney. The result of the roll call vote was as follows: Ayes: Simchick, Wolff, Coy, Neglia, Paternoster Nays: None Passed 5-0 The City Attorney said to avoid the City Manager asking for a special meeting on the hangar issue which is due by January 1, Council could suspend the rules by a supermajority vote of 4-1 if it wished to continue the meeting to complete the items. Ms. Simchick said she found it odd that all of a sudden we can make a motion to extend past 11 pm and asked what he is quoting from. The City Attorney said it is in the rules and has been done before. Ms. Simchick said he had never mentioned it before. Ms. Simchick and Mayor Coy said they were not in favor. MOTION by Mr. Paternoster and SECOND by Mr. Wolff to extend the meeting to take care of the two items regarding the airport failed on a voice vote of 2-3 (Coy, Simchick and Neglia nay) THE REMAINING ITEMS WILL BE CARRIED FORWARD TO THE NEXT REGULAR MEETING ON MAY 28, 2008. 08.031 C. Resolution R-08-04 -Florida Dept. of Transportation Supplemental Joint Participation Agreement for Hangar Construction (Airport Transmittal, FDOT Letter, Agreement, R-08- 04 -Same Backup as Provided for April 23, 2008 Meeting) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATON SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING TO CONSTRUCT HANGARS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 08.031 B. LPA Hangar Professional Services Contract (Airport Transmittal, Scope, Estimate, Site Plan, Elevations, Floor Plan) 08.065 C. First Reading of Ordinance No. 0-08-04 -Requiring Planning and Zoning Commissioners to Have One Year of Residency (City Attorney Transmittal, 0-08-04) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 2-170 BOARDS, COMMITTEES, COMMISSIONS: QUALIFICATIONS TO ADD A ONE YEAR RESIDENCY REQUIREMENT FOR PLANNING AND ZONING COMMISSION; PROVIDING FOR APPLICABILITY, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. Appro~t the May 208 Regular City Council meeting. ATTEST• ., Sally A. Maio, C -City Clerk 13 SBA -Signage for Your Business -Welcome! • Home for this Area Previous Location ~ (See Spanish Version) Why Use Signage? Introduction Page 1 of 2 "Why should I have a sign?" is a question often asked by business owners. The answer will vary depending on your business type and format. In a highly impulse oriented business, good si na a can be the difference between the success or ai ure o e business. The pro i e of your trade_arza also impacts your signage needs. oo signage can increase a business's opportunity for success. Signs are the most affordable means of advertising for many businesses, and most businesses -new or not -- don't have a dollar to waste. The United States Small Business Administration Bulletin Number 101 on signage for businesses says, "...signs.are the most effective yet least expensive form of ad~rtising for the small business "W~s more -..,~ .~.e ~ ,.,wc nn 4hc in nY Vnt l advPfisma 24 hours a dav. 365 days a year. __ This section introduces the term "on-premise" sign, as well as presents information that supports why a business must have an on-premise sign to be to most successful. So, what is an "on-premise" sign, and why the focus on that particular type? An on-premise sign is: "A communication device whose message and design relates to a business, an evenf, goods, profession, or service being conducted, sold, or offered on the same property as where the sign is erected." Simple enough, and there are dozens of examples of the many types of on-premise signs in our "Types of Signs" and "Sign Gallery" sections for your review. Before you go to either section, however, we recommend you complete this section by following these next links to review additional information that helps answer the question "Why Should I Have a Sign? Compelling R~.asons_fo.r an_On. Prem~~ Sigp Visit the case_studi~s that illustrate different reasons for effective signage. Important Note: Signs are considered "speech", and in the United States are legally protected as such. To help you understand the legal aspects of signage, as well as their protection under the First, Fifth and Fourteenth Amendments, we've developed the "Legal Considerations" section. We mention this briefly here so that you're aware of this fact, as well as are aware that - as a business asset -your sign can have certain protections under law. http://www.sba.gov/smallbusinessplanner/start/pickalocation/signage/why.html 5/12/2008 SBA -Signage for Your Business -Welcome! • Hame far this Area Previous Location (See Spanish_V~rsion) Understanding the Value of Signage Introduction There is an otd axiom that the 3 keys to successfully selecting real estate are "location, ~~ location and location .The 3 keys that guide the successful selection and development of commercial properties are Visibility, Accessibility and Parking. An effective on-premise sign is critical component of visibility, and the sign should receive the same careful attention as these other components. Without a properly designed and placed on-premise business sign, a commercial site cannot function at its full economic potential. This section presents information about: • understanding the value of signage • determining what an effective sign will mean for your business' success • working with and possibly correcting problems with existing signage, and • using signage to change customer behaviors. Topics on this page include: The _Functions_of_the_O_n-Prem ise.Si.gn_ Branding_a Site Developing and Measuring.Readership Acquiring- New Customers Modifyi_n_g_Customary_P.urch_ase_ Habits The Sign_age_Appraisal_Process Visit the S_i.gnage_Cas~._Studies The Functions of the On-Premise Sign Page 1 of 6 An effective on-premise sign is critical component of visibility, and the sign should receive the same careful attention as these other components. 1. It develops a memory for a location and the products or services available at the location. ' 2. It reinforces a memory and extends recall of other advertising efforts. 3. It attracts new customers by prompting first-time or impulse visits or purchases. 4. It modifies customary purchase decisions or habits. Changeable copy and http://www. spa. gov/smallbusinessplanner/start/pickalocation/s ignage/understand.html 5/ 12/2008 SBA - Signage for Your Business -Welcome! Page 2 of 6 temporary window signs are especially effective in encouraging variation from accustomed consumption patterns. (For more about modifying customary purchase habits, see the section that follows.) Back.to the_top of this Topics Listing Branding a Site One measure of how effective or valuable an on-premise sign is to its site is demonstrated by how well it helps to brand the site. A sign "brands" a location, just as a product label brands the product. If an attractive image is not communicated by the business' sign, the business will rarely convey its true message, or get the clientele it seeks. Every site development and sign program strategy will benefit if the on-premise sign is made the focal point of the site. If a site is "si_gnc2ntric", it means that the sign catches the customer's attention and leads him to the target business. A measurable positive effect on gross revenues should immediately result from signcentric site development. Back to the t~ of this Topics Listing Developing and Measuring Readership How do you know if your sign is (or is not) branding your site for future reference by potential customers? You determine readership. Readership advertising effectiveness tests whether a message is effectively speaking to the intended audience. Two of the most commonly used research techniques are the recognition and recall tests discussed above. Rating services conduct the tests and tabulate the results for all major-media advertisers (i.e., television and newspaper advertisers rely on Nielsen Ratings Services). Small business owners not engaged in franchised or chain business operations, however, usually do not have access to national rating service readership tabulations; these independent small business owners may require the services of a local market researcher to obtain readership measures. Often, on- premise sign companies and trade associations will assist in compiling data. Why do you want to measure readership? Without knowing the effectiveness of your signage, you won't know how well you are doing, or what you might want to change. For your greatest success - with a sign and therefore with your business -measuring readership is a diagnostic tool so you can fix whatever is not working, and increase what is working. The importance of signage to mobile consumers is underlined by the fact that many are in a hurry. By way of example, Burger King Corporation conducted a survey over several weeks. The survey results were part of evidence submitted in a legal action brought by Burger King (among others) against Agoura Hilfs, California, to prevent the removal of its freeway-oriented, high rise on-premise sign as required under a new sign code. The Burger King sign was visible to the Ventura Freeway; the building was not. Surveys were conducted at Quick Service Food (QSF), family and atmosphere restaurants. The participants were asked how they first became aware of the restaurant. Here are the results. How did you first become aware of this restaurant? quick Service I Family I Atmosphere Food Restaurant Restaurant http://www. sba.gov/smallbusinessplanner/startlpickalocation/signage/understand.html 5/12/2008 SBA - Signage for Your Business -Welcome! Page 3 of 6 Participants' Responses (% of responses) (% of responses) (% of responses) Saw it (the sign) while passing 35% 26% 13% Always knew 29% 27% 19% Word of mouth 14% 30% 54% Advertising 10% 6% 4% All other 6°/, 7% 7% Don't know 6% 4% 3% The spontaneous nature of the QSF visits at 35% has implications for most business strategies, particularly advertising in the form of on-premise signage. Burger King and its co-plaintiffs won the lawsuit, and the City was permanently enjoined from enforcing its high-rise pole sign ban against them. (See, Denny's Inc., et.al. v. City of Agoura Hills, 56 Cal.App. 4th 1312, 66 Cal. Rptr 2d 382 (1997)). In another example, The Institute of Transportation Engineers (ITE) has trip generation rates that are derived from counts taken at the driveway of various land uses. While typical trip generation rates are derived from counts taken at the driveways of various land uses, not all trips generated at the driveway represent new trips made for the express purpose of entering the site; instead some are made by motorists who did not set out for the site, but who enter it as an intermediate stop on the way to or from another destination. This type of stop is referred to by the Institute of Transportation Engineers (ITE) as a "pass-by trip"; for our purposes, it is defined as an "impulse" stop. The percentage of pass-by trips or impulse stops varies by land use. The following table sets out ITE estimates regarding the percentage of stops attributable to motorists for whom the site is not a scheduled destination. The table demonstrates that impulse trade is very important to many businesses. Effective on-premise communication can help persuade passersby to stop and shop. Type of Land Use Impulse-Stop Percentages Shopping Centers: Larger than 400,000 sf Gross Area 20% Between 100,000 to 400,000 sf Gross Area 25% Smaller than 100,000 sf Gross Area 35% Convenience Market 40% Discount Club/Warehouse Store 20% Fast Food Restaurant 40% Sit Down Restaurant 15% Service Station 45% Supermarket 20% In the modern marketplace, the right place-based advertising will effectively and economically permit the local shopkeeper to compete, even with the mass merchandiser or large retailer. http://www. sba. gov/smallbus inessplanner/start/pickalocation/s ignage/understand.html 5/ 12/2008 SBA - Signage for Your Business -Welcome! Back. to the_top of this Topics Listing Acquiring New Customers In 1995, the California Electric Sign Association (CESA) and the International Sign Association (ISA) commissioned a major study of on-premise signage performance by the University of San Diego. This study had two parts. Page 4 of 6 Part I of the study involved analysis of a group of variables, including signage, location, hours of operation, population demographics and geographic characteristics on sales at 162 southern California locations of a major fast-food chain. These variables were tested at each location to predict the impact of on-premise signage upon: 1. annual sales revenues 2. annual number of transactions 3. the average dollar amount spent per transaction. The results of the study indicated that the number of signs at a particular site has a significant and positive impact on both the annual sales revenues and number of annual customer transactions. For example, from the results of the study, the researchers were able to predict: 1. On average, one additional on-premise sign resulted in an increase in annual sales revenues of 4.75%. This translates to a $23,750 increase in average sales revenues for a typical store in the study group with annual sales of $500,000. 2. On average, one additional on-premise sign increased the annual number of transactions by 3.93%. This translates into more than 3,900 additional transactions for a store with an annual average of 100,000 transactions. 3. On average, one additional 36-square-foot wall sign added $0.06 per transaction, while one additional 144-square-foot pole sign added $0.78 per transaction. Part II of the study involved analyzing seven years of weekly sales data for "Pier 1 Imports" to measure the effects of modifications, additions, or removal of on-premise signage on sales performance. The results showed that "on-premise signage has a statistically significant and financially substantive impact on the revenues of a site (and]... is a significant constituent of the factors causing the success of a retail endeavor."In brief: 1. The addition of new signage to previously unsigned buildings, and the replacement of existing signage (generally, with larger signs) resulted in an average revenue increase of 5%. 2. The addition of a pole_si.gn, or a plaza identity sign including the store's name, resulted in an average increase in weekly sales of 5-10%. The increase was attributed by the researchers to the new signs' enhancement of site visibility to passing traffic. 3. The addition of small directional. signs indicating entrance and exit routes resulted in weekly sales increases ranging from 4-12%. The increases were attributed to the signs' ability to guide asite-bound shopper more than any specific advertising effect. These increases in revenues, as a result of signage, demonstrate the positive effect on profitability at a specific site, especially given that normal profits in the retail industry are approximately 1-2%. 5/12/2008 http://www.sba. gov/smallbusinessplanner/start/pickalocation/signage/understand.html SBA -Signage for Your Business -Welcome! Page 5 of 6 The California Electric Sign Association (CESA), the International Sign Association (ISA), the Sign User Council of California, and the Business Identity Council of America sponsored the study. A summary of the findings appears in The Economic Value of On- Premise Signage, a compendium of signage-related research results and articles (e.g., sign amortization; copyright and trademark protection.) The booklet was published jointly in 1997 by CESA and ISA. Back to.the_top of this Topics Listing Modifying Customary Purchase Habits One of the primary goals of advertising is to change purchase behaviors. Effective advertising can increase purchases within discrete segments of the market by introducing "intervening opportunities" along customary travel paths. This is especially so in highly discretionary areas, such as quick service foods and economy lodging, yet it holds true, also, for the business with more specialized products or services to offer. Generally, a business' fixed and variable costs should be covered from a stable consumer pool, with profits coming in from unexpected sources. The right sign often prompts an unplanned stop, or changes the customer's mind once he is on the premises. Changeable copy and temporary window signs are especially effective in encouraging variation from accustomed consumption patterns. Because temporary or variable message signage is relatively inexpensive, the dollars generated by such signage usually represent pure profit. It is estimated that 35-50 percent of the consumer population today shops outside their local area. Legible, conspicuous on-premise signage will assist in attracting a large percentage of these non-local and newcomer consumers. Further, an effective on-premise sign provides 24-hour exposure of its message to a large pool of potential customers at a fraction of the cost (when depreciated over several years) of other media. The lower the cost to obtain customer memory or top-of-mind awareness, the higher the return on advertising dollars. Back to_the top of this Topics Listing The Signage Appraisal Process Like real estate, signage has a value that can actually be measured or appraised. The visibility component to a real estate site typically encompasses more than the traditional sign out front. How is an appraisal of a sign done? The three traditional approaches are: Cost of Replacement (or Substitution). The signage appraisal method applies a cost replacement approach to determine the cost of replacing a sign's commercial communication or advertising value with other forms of advertising, such as newspaper, television, and radio advertisements. It is not used to measure the cost of replacing the physical structure of the sign, as is the common measure of value in building or home appraisals. 2. Market Comparison.Generally speaking, the market recognizes premium prices for those commercial properties with the best visibility. Outdoor advertising structures such as billboards or bus shelters have recognized buying, selling, and leasing markets. The market sales comparison approach as applied to the visual communication component of signage in its many forms may measure the differentials of rents in the market. Customer surveys also may be developed, tested and analyzed. The sales per square foot of similarly situated sites with varying levels of signage or varying ability to be seen via the passing traffic may also be analyzed. 3. Income Flow or Capitalization. This approach is used to ascertain the present , http://www. sba. gov/smallbus inessplanner/start/pickalocation/s ignage/understand.html 5/ 12/2008 SBA -Signage for Your Business -Welcome! Page 6 of 6 value of the anticipated future income to be generated by a property over its remaining useful life. For the purposes of signage appraisal, this method focuses on income generated by customers who are prompted to stop solely by the sign. The retailer's gross retail margins are analyzed and then capitalized. This analysis is complicated by alternative signage forms such as business form or product franchising or chains where the system is integrated into networks of retail sites supported by national advertising (media) programs. The fundamentals of valuation and evaluation start with understanding that signs are commercial speech. Additionally signs are relied upon and used by consumers to make and influence their shopping and purchasing decisions. Highest and Best Use Analysis Prior to the above described three-part appraisal process, a highest and best use analysis of the site is undertaken. This analysis establishes the most profitable use of a site in light of any legal, physical or financial constraints. Highest and best use (as applied to signage) means that the on-premise sign is viewable by the intended audience (i.e., passing motorists, pedestrians), and that its copy can communicate as it's meant to (i.e., is clearly visible, legible and understandable by the intended audience). Back to the t~ of this "Understanding the Value of Signage" page. Go to the Sign_age_.Cas~._Studies that illustrate the value of effective signage. Back to Signage_Home. Why Use_Signag_e?. ~ Ty.pes_of_Signage ~ Understanding The Value of Signage ~ Obtain_ing_Your Signage FAQa ~ Legal Considerations ~ Glossary/Resources ~ S.ign Gal.l?ry ~ Signage__Home Co Sponsors ~ Disclaimers ~ Prniacy Policy Content comments to: info@_signagzfoundation.otg ~ Text_Only_[_Prmtzr Version ~ © copyright 2001 *Last Modified: 09-02-03 http://www.sba.gov/smallbus.inessplanner/start/pickalocation/signage/understand.html 5/ 12/2008 City Manager Memo att a ~~ HONtE bf'vPEUCAN7 r5111ND AGENDA TRANSMITTAL Subject: Agenda No. d ~, o ~ 3 BARBE /SCHUMANN FUNDING UPDATE Department Origin: Council City Attorney: A rov Submittal by: City Clerk: Date Submitted: 8 May 08 I ' ~ ne , Cit Mana er Exhibits: N/A EXPENDITURE REQUIRED: AMOUN T BUDGETED: APPROPRIATION N/A N/A REQUIRED: N/A SUMMARY In an effort to seek state and other funding for community projects, Councilmember Dale Simchick has had much communication with Representative Ralph Poppell and Florida Department of Transportation District 4 Secretary James Wolfe. In so doing, Representative Poppell has been very instrumental in helping the City investigate the potential of securing funding for the proposed Barber/Schumann intersection improvements from the FDOT, via the Local Government Advancement Program. This program would potentially enable the City and Indian River County to receive reimbursement for this program in out-years, if funding and execution of the road project is begun by local jurisdictions. This program is federally funded. In order to move forward with this program Phil Matson and Bob Keating have also be contacted. These contacts have been made because as a requirement of the Local Government Advancement Program assistance and cooperation from the Indian River County MPO is required. The MPO must agree to funding cycles and ranking the project. Ranking the Barber/Schumann intersection may have some funding hurdles for the local MPO by negatively effecting projects currently funded with Congestion, Mitigation, Process Funds (CMP Funds) or by needing Highway Capacity funds targeted elsewhere in our district (such as C.R. 510). These type of funds would need to be shifted now in order to fund Barber/Schumann. Should the City cover the project costs completely, MPO support will still be required in way of ranking the project. Phil Matson and Bob Keating will be evaluating this proposal at the County level and will be reporting back their recommendation concerning moving forward with this opportunity or another plan to help move this project forward. I have been asked by Councilmember Simchick to place this item on the agenda as an informational update and to thank Representative Poppel for his assistance to date. 53