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Home My WebLink About06101998' ' 1 • City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 ~ FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 10, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Sullivan called the Regulaz Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. • 3. There was moment of silence. 4. ROLL CALL COX Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staff Present: City Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Kathryn O'Halloran Acting Public Works Director/City Engineer, Martha Campbell Finance Director, Janet Isman Deputy City Clerk, Sally Maio r: Regulaz City Council Meeting ~une 10, 1998 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda maybe added only upon majority vote of City Council members (R-97-21) Mayor Sullivan requested that the solid waste collection items 15 B and C be moved up on the agenda to accomodate the audience. The City Manager suggested it be moved just prior to the consent agenda. MOTION by Sullivan/Neuberger I would move that we move the trash contract and the ordinance up to become 9A and 9B on the agenda. VOICE VOTE on the motion carried 5-0. 6. pROCLAMATION5. ANNOUNCEMENTS AND/OR PRESENTATIONS 98.106 A. Presentation by Bob Swift -Keep Indian River Beautiful Beautification Committee -Trees for Public space (Harris Lett~l Bob Swift, Keep Indian River Beautiful Committee, requested City Council endorsement of its efforts for a public/private partnership to provide a memorial tree program on public properly thoughout the community entitled "Trees for Public Spaces" (see mission statement attached). • The City Manager said he would contact the Tree Advisory Board and ascertain that there is no conflict with its efforts; and place this item on the June 24, 1998 agenda. MOTION by Sullivan/Wininger I make a motion to refer this to the Tree Advisory Boazd. VOICE VOTE on the motion carved 5-0. 7, ITEMS CARRIED OVER FROM 5/27/98 REGULAR MEETING 98.118/97.141 A. C~ Attornev Contract (Agecement, 5/28/97 Minutes) Mrs. Cartwright said it was not her intent to publicly review the City Attorney but to review the contract provisions. Vice Mayor Wininger agreed that it was her understanding that Council would review the document. The City Attorney suggested rather than reviewing it now, each Council member meet with the City Manager and submit comments to the City Manager. Mr. Paul stated that this was the only opportunity Council had to discuss these items. Vice Mayor Wininger agreed that comments can be submitted to the City Manager and he be given a deadline to come back to Council. The City Manager said he would need cleaz direction as to what Council wants him to bring back. 2 Regulaz City Council Meeting ~une 10, 1998 Page Three Mr. Neuberger agreed with each member bringingsuggestions to the City Manager and having him compile them and bring them back to Council at a meeting. Vice Mayor Wininger said one thought she had was that the City Attorney should be reporting to the Council and not the City Manager; and then suggested that the City Manager bring all of Council's recommendations to a meeting for review and direction rather than leaving it up to him. It was the consensus of Council that all recommendations bebrought back to the July 8, 1998 regular meeting. MOTION by Sullivan/Neuberger I would like to refer this to the City Manager's office for a fmal discussion for July 8th. VOICE VOTE on the motion carved 5-0. B. Discussion Items 98.119 1. Budget Advisory Committee ($e ested Councilmember Neuberger) Mr. Neuberger said he would like to see a permanent Budget Advisory Boazd, suggested that each Council member select one member, and then all Council select two at-large members. Following some discussion on the limited time available for review of the next fiscal yeaz budget, suggestion by Mrs. Cartwright that the members have some qualifications, suggestion by Mr. Paul to • district the city and select from districts, it was the consensus of Council to create a seven member temporary Budget Advisory Committee, that each Council member would select one committee member of their choice to be confirmed by Council, that the other two members be appointed by majority vote of Council, and that this would eventually become a permanent board of the City. It was noted that those people selected by Council would also fill out applications in the City Clerk's office. MOTION by Paul/Neuberger I so move. VOICE VOTE on the motion carried 5-0. The City Clerk was directed to advertise for the two at-lazge members, and the City Manager said he will bring a resolution establishing the temporary committee to the June 24, 1998 regulaz meeting agenda and appointments can be made on July 8, 1998. 9s.t2o 2. Occupational License Equity (Reg3, esi ted by Councilmember Neuberger) Mr. Neuberger suggested that City Clerk staff member Linda Galley be utilized to go to businesses to verify that they have occupational licenses. Mrs. Cartwright agreed and suggested administrative guidelines by established by the City Manager. TAPE I -SIDE II (7:47 pm.) The City Clerk said Ms. Galley would go to businesses and ask if they had a license, and if not, she • would then provide them with the information and forms they need to comply. 3 Regulaz City Council Meeting June 10, 1998 age Four MOTION by Sullivan/Paul I would move that we provide this outreaching for an informational service and to update occupational licenses throughout the city with the Clerk's office providing this service with the time to be established by the Clerk. VOICE VOTE on the motion carried 5-0. C. CITY COUNCIL MATTERS • Discussed the CR512 West at US 1 intersection noting it was not mentioned in the City Manager's memo. The City Manager said the matter was discussed with Chris Mora and that he would check on his response. • Said that at the last forum home rule charter for employee residency requirement was discussed and the City Attorney was directed to review. The City Attorney said she could have something at the next regulaz meeting. • Noted the Chiefs traffic report for May, stating there were seven violations for Wave and George in one day and nothing since, suggesting there needs to be more enforcement 2. Mr. Larrv Paul • None. 3. for Ruth Sullivan • Commended the Finance Director and her staff for a clean audit and said she would like to ~~~ send them a letter for their files to acknowledge the good job they did ~2~ ~8 Said Palm Bay has put in a skateboazd pazk, suggested the City follow their lead, said she would forwazd documents she obtained to the Recreation Advisory Board, and would have the Clerk distribute the documents to Council 4. Vice Mavor Martha Winineer • Recommended the skateboazd pazk be located behind the Police Station • Asked for an update on a proposed Ordinance for the code enforcement citation process. The City Attorney said she is working on a draft and would need a workshop. The City Manager said he had to review certain aspects of the court system. • Asked for an update on the Englaz sidewalk repair. The City Manager said he would check with Public Works on the schedule. • Asked for an update on a proposed Ordinance restricting tractor trailers from using residential streets. The City Manager said this would need a workshop to give staff direction. He indicated he would try to bring a schedule for workshops to the next regular meeting in light of the need for Land Development Code workshops. • 4 Regulaz City Council Meeting iTune 10, 1998 ~ age Five 5. Mrs. Louise Cartwright Expressed concern for low water tables, cited the St. Johns River Water Management District water restriction in effect to prohibit lawn watering between 10 am and 4 pm and urged conservation 8. CITY ATTORNEY MATTERS The City Attorney said she drafted an ordinance restricting skateboazding in certain azeas of the City which she was trying to combine with the old pazks ordinance and requested a future workshop. 9. CITY MANAGER MATTERS The City Manager discussed the post disaster mitigation grant offered to Indian River County and its municipalities. He said a committee formed to review it have recommended the County Commission enter into a contract with Treasure Coast Regional Planning Councii; and that he had indicated Sebastian's willingness to participate. He said he would bring a subcontract to Council for its approval at the next regulaz meeting. • The following two items were moved to this area of the agenda during Agenda Modifications. 98.1o8A A. Selection of Firm to Provide Residential Solid Waste Firm (C~ Manager Transmittal 6/5/98. Total Points Awazded Matrix Bring Books Previously Distributed) Mrs. Cartwright and Mr. Neuberger recommended staying with Capital Sanitation. The following individuals addressed City Council: Steven Munchek, 1752 Mainsail, Sebastian -stay with Capital J.W. Tommy Thompson, 125 Main Street, Sebastian -stay with Capital Nathan McCollum, 1448 Laconia Street, Sebastian -appreciate efforts of committee -stay with Capital Harry Thomas, 654 Balboa Street, Sebastian - if cost is concern remove franchise fee Jane Funicello, 150 Concha Drive, Sebastian -agree with Capital -why impose franchise fee Sal Neglia, 461 Georgia Boulevard, Sebastian -spoke on behalf of Tut Connelly regazding objection to franchise fee Mayor Sullivan objected to the franchise fee and the City Manager said franchise fees aze primarily imposed for use of rights-of--way. TAPE II - SIDE I (8:35 p.m) It was noted that the franchise fee is not included in the monthly rates submitted, and to remove it at this time would require rebidding. • 5 Regular City Council Meeting June 10, 1998 age Six Vice Mayor Wininger said her calls were 7 to 1 for Capital, and that most people were opposed to the 6% franchise fee. Vice Mayor Wininger said a resident had asked her if she had a voting conflict because she did not use solid waste collection service. The City Attorney assured her there was no conflict. Mr. Paul agreed with using Capital Sanitation. The City Attorney said the franchise fee is something used by virtually all municipalities and county and it is imposed on franchisees for use of roads. MOTION by Cartwright/Sullivan I move to award the franchise for residential solid waste collection service to the low price bidder Capital Sanitation. ROLL CALL: Mrs. Cartwright -aye Mr. Neuberger -aye Mr. Paul -aye Mrs. Sullivan -aye Mrs. Wininger -aye MOTION CARRIED 5-0 9s.1ogB B. First Readine of Ordinance No. 0-98-09 -Residential Solid Waste Franchise -Schedule Public Hearing for 6/24/98 (C~ Manager Transmittal . 0-98-091 AN ORDINANCE OF THE CTfY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL SOLID WASTE COLLECTION FRANCHISE TO ;PROVIDING FOR DEFINITIONS; PROVIDING FOR A FIXED TERM; PROVIDING FOR MANDATORY SERVICE BY CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES TO BE PERFORMED; PROVIDING FOR RESIDENTIAL COLLECTION; PROVIDING SCHEDULES AND ROUTE REQUIREMENTS; PROVIDING OTHER PROVISIONS; PROVIDING FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTING RATES; PROVIDING FOR FORFETTURE; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIETCATION; PROVIDING FOR SEVERABILTTY; PROVIDING FOR ATTORNEYS' FEES AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-98-09 by title. The City Clerk noted the effective date should be July 1, 1998. Mrs. Cartwright suggested amendments on page 29 paragraph 1 and paragraph 4 to add "without prior approval of the City Manager." City Council concurred. MOTION by Cartwright/Paul I move to accept the first reading of the proposed Ordinance as amended and set the second reading and public hearing for June 24, 1998. • 6 Regulaz City Council Meeting June 10, 1998 age Seven Mr. Neuberger asked if the vendor will have a right to offer input on the ordinance. The City Attorney said theoretically they would since it is an ordinance, but the contract and ordinance were part of the RFP. ROLL CALL: Mr. Neuberger -aye Mr. Paul -aye Mrs. Sullivan -aye Mrs. Wininger -aye Mrs. Cartwright -aye MOTION CARRIED 5-0 10. CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 5/13/98 Regular Meeting, 5/27/98 Regulaz Meeting 98.114 B. Prior Approval for Reimbursement of Expenses for Vice Mayor Wininger to Attend Florida Ethics • Laws Seminaz -July 1-2, 1998 in Ponte Vedra Beach, FL (City Clerk Transmittal s/27/98, Conference Information) 98.121 C. Authorize City Manager to Se1129 Surplus Mobile Radios to City of Madison, FL for $15 Each on As-Is Basis (Police Chief Transmittal 6/2/98, Madison Letter, Ad) 98.122 D. Authorize City Manager to Sell Three Police Vehicles to Police Academy at Indian River Community College for a Total of $6,000 on As-Is Basis (Police Chief Transmittal 6/3/98, IRCC Letter) 98.025 E. Approve Change Orders 31 through 39 to C.R McLellan Annual Culvert Installation Contract for Installation or Replacement of Nine Failing Culverts in the Amount of $111,692.85 (Public Works Director Transmittal s/22/98, Nine Change Orders) 98.046A F. Approve Change Order 3 to Supplemental Agrcement #8 (PO 1520) for Craven Thompson - DempseyNocelle Drainage Project in the Amount of $8,700 (Public Works Transmittal 6/4/98, Change Order) 98.046B G. Approve Change Order 3 to PO 1861 for Maxwell Contracting -Dempsey Vocelle Drainage Project in the Amount of $29,988.72 (Public Works Transmittal 6/4/98, Change Order) 98.123 H. Approve Lions Club and American Cancer Society Fourth of July Requests as Recommended by Staff (City Manager Transmittal 6/5/98, Lions Letter 6/5/98, ACS Letter 4/98) 98.124 I. Request to Use Mr. Paul Horsey on Contractual Part Time Basis as Human Resources Director (City • Manager Transmittal 6/5/98, Resume) 7 Regulaz City Council Meeting ~une 10, 1998 age Eight Mayor Sullivan removed item E. The City Manager read the consent agenda. Mayor Sullivan removed F and G on behalf of members of the audience; and Mayor Sullivan also removed items F, G and I. MOTION by Sullivan/Cartwright I'll move A, B, C, D and H. ROLL CALL: Mr. Paul -aye Mrs. Sullivan -aye Mrs. Wininger -aye Mrs. Cartwright -aye Mr. Neuberger -aye MOTION CARRIED 5-0 98.025 E. Q,pprove Change Orders 31 through 39 to C.R McLellan Annual Culvert Installation Contract for Installation or Replacement of Nine Failing Culverts in the Amount of $111,692.85 • The City Manager and City Engineer explained that McLellan had been approved last yeaz by Council for an annual culvert contract, that individual tasks aze brought back as change orders, and that this Council had recently renewed the annual contract for an additional yeaz. MOTION by Sullivan/Paul I would move approval of E. ROLL CALL: Mrs. Sullivan -aye Mrs. Wininger -aye Mrs. Cartwright -aye Mr. Neuberger -aye Mr. Paul -aye MOTION CARRIED 5-0 98.046A F. approve Change Order 3 to Supplemental A¢reement #8 (PO 15201 for Craven Thompson - Demn~y/Vocelle Drainage Project in the Amount of $8700 A lengthy discussion took place on the redesign to accommodate neighborhood concerns about the steep 4-1 slopes of the original design to 5-1 and 6-1. Regular City Council Meeting ~une 10, 1998 age Nine Mayor Sullivan called for public input at this time and the following individuals expressed concern with the way the project has been handled, perceived poor design and danger from the steep slopes, and damage to property and driveways. Will Rose, 662 Dempsey, Sebastian Jack Staab, 626 Dempsey, Sebastian TAPE II - SIDE II (9:25 p.m.) • David Connell, 674 Braddock Avenue, Sebastian • George Keyes, 726 Dempsey, Sebastian • Joseph Schulke, Sebastian • Ed Salomone, Dempsey, Sebastian • Inge Mueller, 625 Braddock Street, Sebastian Gary Dunmeyer, Craven Thompson, responded to individual concerns, specifically relative to the large catch basin in Mr. Rose's front yard, offering an alternative solution, and in regard to Mrs. Mueller's cracked driveway, and double dips in driveways. • Herbert Sturm, 549 Saunders Street, Sebastian, addressed Council on the original design. The City Manager said individual concerns such as these need to be addressed, and following a lengthy discussion, he suggested bringing in an independent engineer to determine whether the design was or was not flawed. The City Engineer responded to Mr. Salomone that FDOT had reviewed corrected plans. Gary Dunmeyer explained the need for the additional engineering fees. Bill Pcescher, 650 Dempsey, Sebastian, addressed Council regarding his driveway. TAPE III - SIDE I (10:10 p.m.) The City Manager said it was important that this project be safe and that individual concerns are addressed, however, it may be that not all residents are going to be happy with every aspect of the project outcome. Fred Wininger, 106 Thunderbird Drive, Sebastian, addressed Council on the whereabouts of John Hill. Following a motion to approve the item, and a brief discussion; Gary Dunmeyer suggested Council approve the $6,000 for inspection at this time; and take up the $2700 redesign cost at a later date. • 9 ~egular City Council Meeting une 10, 1998 Page Ten MOTION by Cartwright/Paul I move to approve task number 4 only of change order 3 to the supplemental agreement number 8 in the amount of $6,000. ROLL CALL: Mr. Neuberger -aye Mr. Paul -aye Mrs. Sullivan -aye Mrs. Wininger -aye Mrs. Cartwright -aye MOTION CARRIED 5-0 98.046B G. ~nnrove Change Order 3 to PO 1861 for Maxwell Contracting - Dempsey Vocelle Drainage Project in the Amount of $29,988.72 (Public Works Transmittal 6/4/98_ Change Orden MOTION by Sullivan/Cartwright I would move approval of the change order 3 to PO 1861 to Maxwell Contracting, DempseyNocelle drainage project in the amount of $29,988.72. • ROLL CALL: Mrs. Cartwright Mr. Neuberger -aye -aye Mr. Paul -aye Mrs. Sullivan -aye Mrs. Wininger • aye MOTION CARRIED 5-0 98.124 I. Request to Use Mr. Paul Horsey on Contractual Part Time Basis as Human Resources Director (C~ Manager Transmittal 6/5/98, Resumel Mrs. Cartwright was excused from 10:20 pm to 10:23 pm. There was a brief discussion on the need for the position due to union negotiations, suggestion by Mayor Sullivan to add "not to exceed a total of $40,000, suggestion by Mrs. Cartwright that payment for travel time not include travel to and from work, and consensus to limit the contract to November 1, 1998. MOTION by Cartwright/Sullivan I move to extend the meeting to I 1 pm. MOTION and SECOND were withdrawn. MOTION by Cartwright/Neuberger I move to extend the meeting for five minutes to get through item I. • VOICE VOTE on the motion carried 4-1 (Paul -nay) 10 Regular City Council Meeting June 10, 1998 age Eleven The City Manager recommended "leave it $40 per hour plus travel not to go past November 1, 1998." Mayor Sullivan again recommended the $40,000 cap be left in and Council agreed. MOTION by Sullivan/Cartwright I would move the request to use Mr. Paul Horsey for a contractual part time basis as Human Resources Director with the provision as amended in Mr. Frame's recommendation. Mr. Paul clarified that the $ .29 travel time was still included. ROLL CALL: Mr. Paul -aye Mrs. Sullivan -aye Mrs. Wininger -nay Mrs. Cartwright -aye Mr. Neuberger -aye MOTION CARRIED 4-1 (Wininger -nay) Mrs. Cartwright suggested moving the false alarm ordinance to the next workshop and suggested fmishing the rest of the items at the quasi judicial meeting on June 17, 1998. Vice Mayor Wininger and the City Attorney said they will not be here for that meeting. The City Attorney said she will provide an attorney. The following items will be carried to the June 17, 1998 Special Meeting, with the exception of the false alarm ordinance which will be workshopped. 13. COMMITTEE REPORTS/RECOMMENDATIONS A. Boazd of Adiustment 98.008 1. Interview Applicants and Appoint as Follows: a. Two Regulaz Members with Tenms to Expire 6/2001 (City Clerk Transmittal 6/2/98, Two Applications, Ad, Member List) B. Code Enforcement Board 98.009 1. Interview Applicants and Appoint as Follows or Direct Clerk to Readvertise: a. One Regular Member Subcontractor Position -Unexpired Term to Expire2/2000 b. One Regular Member General Contractor Position -Unexpired Term to Expire 6/99 c. One Alternate Member -Term to Expire 6/2001 (City Clerk Transmittal 6/2/98, Three Applications, Ad, Member List, Section 2-179 of Code) C. Planning and Zoning Com•-_-ission 98.036 1. Interview Applicants and Appoint as Follows: a. One Regulaz Member with Term to Expire 6/2001 (City Clerk Transmittal 6/2/98, Two Applications, Ad, Member List) • 11 ', Regulaz City Council Meeting ~une 10, 1998 age Twelve 14. OLD BUSINESS 9s.117 A. imposed Reoreanization of Community Development Department (C~ Manager Transmittal 5/21/98. Proposed Job Descriptions) 15. NEW BUSINESS 98.1 to A. First Reading of Revised Ordinance No. 0-98-OS - Boazd Procedwes -Schedule Public Heazing for 7/8/98 (City Clerk Transmittal 6/5/98, Revised 0-98-OS) AN ORDINANCE OF THE CTfY OF SEBASTIAN, INDL~-N RIVER COUNTY, FLORIDA, AMENDING SECTION 2-167 AND 2-171 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES RELATING TO APPOIIQI~T TO CTfY BOARDS, COMMISSIONS AND COMMITTEES; PROVIDING THAT QUALIFICATION AS A CANDIDATE FOR POLITICAL OFFICE SHALL BE DEEMED A TENDER OF RESIGNATION; DELETING COMMTTTEES FROM TERM LIlvIITATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE . 9s.1o7 D. Review False Alarm Ordinance (Proposed Ordinance) 98.125 E. Side Yazd Ditch Request by Mr. & Mrs. Lawrence Barton for Lots 17 & 18, Block 65, Unit 2 • Sebastian Highlands (City Manager Transmittal 6/4/98, Barton Letter, Survey, Septic Tank Permit) Approved at the C~/~ ~~ ~~~_, 1998, Regular City Council Meeting. ~~, Ruth Sullivan Mayor (.~, ~~ _ ,~ rua - ~ G''~ Kathryn M. O'Halloran, M / City Clerk • 12 IVIISSION STATEMENT The memorial tree program -TREES FOR PUBLIC SPACES - is an initiative by Keep Indian River Beautiful to encourage the planting and caze of trees throughout Indian River County. Through private funding, and with support from public agencies, the program will focus on planting trees in public spaces. Trees, or the funding for tree planting and care, may be made in tribute to or in memory of individuals, groups, events or even ideals. Our goal is foster an appreciation for the beautification of our community and provide a direct and tangible way for individuals to participate in that beautification effort. As a committee of KIRB, Trees for Public Spaces will do the following: • Promote the planting of native, drought tolerant trees on public lands. • Coordinate its activities with the Vero Beach Tree Commission, Sebastian and Fellsmere Beautification Committees, Indian River Parks and Recreation Department, Indian River School District, and other organizations involved with the care and landscape of public spaces. • Raise and maintain funds for tree planting. • Establish and maintain a directory for those contributing to the program. • Develop - in cooperation with municipal and county Staff - and promote guidelines for appropriate plant material and its planting and care. We aze asking Indian River County and all other municipal governments to do the following: • Endorse and encourage, as a matter of public policy, the plantin of trees wherever a ro riate on g PP P public lands. • Direct Staffto cooperate with the Committee in establishing guidelines for the planting of trees on public property and public rights of way. • Direct Staff to incorporate landscape and tree planting in all capital improvement budgets. • Accept the trees planted in accordance with the guidelines established and provide reasonable Gaze and maintenance for those trees. F:\RS\KIRB\TREES\presentation.wpd •