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HomeMy WebLinkAbout04232003 REGULARSEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 23, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. Father John Morrissey of St. Sebastian Catholic Church gave the invocation. 4. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski Finance Director, Mark Mason Police Chief, James Davis Public Works Director, Terry Hill Parks Supervisor, Chris McCarthy Regular City Council Meeting April 23, 2003 Page Two 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-03-14) Mr. Hill requested reconsideration of an item from the last meeting regarding stop signs. (Mr. Hill was on the prevailing side of the vofe to keep stop signs in place on Indian River Drive at Jackson Street as set out in a site plan that was under appears -voice vote was 5-0 Mr. McCollum requested items relative to SB654 and HB 1307 under his matters and noted there might be need for avote -voice vote was 5-0. 6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS 03.085 A. Certificates of Appreciation for Operation Iraqi Freedom Servicemen Mayor Barnes read and presented certificates to families of the following service people who are serving in Iraq: Brian Cortez Joshua Farrar Nick Hinzman Danny Ingram Marc and Randy Kelly Scott Melligrano April Skirvin Eric Treglio Adam Veidt 03.086 B. Nurse Week 2003 Proclamation Mayor Barnes read and presented the proclamation to Inez Fielding. 03.087 C. Civility Month 2003 Proclamation Mayor Barnes read the proclamation. 03.088 D. Municipal Clerks Week 2003 Proclamation Mayor Barnes read and presented the proclamation to the City Clerk who recognized the Deputy City Clerk, Records Management Specialist and Administrative Secretary as a staff of four who do a great job for the City. 2 Regular City Council Meeting April 23, 2003 Page Three 03.089 E. Staff Presentation -Update Regarding 2002-2003 Park Development Plan (no backup) The Public Works Director and Parks Supervisor updated City Council on Hardee Park lighting, workstations, and trail refurbishment; the clearing was underway for passive use at George Street neighborhood park; moving some gopher tortoises at Filbert Street Park and plans for heavily wooded areas for a walking trail, picnic pavilions, and volleyball court; the baseball field construction at the elementary school will begin as soon as school ends; finger piers and a future pedestrian bridge is planned for Schumann Park; Barber Street Sports Complex will include a new parking area and picnic pavilions; Riverview Park expansion is awaiting DEP drawings to proceed to bid; and site engineering for the park behind City Hall is being done in conjunction with plans for the new city hall. He responded to Mr. Barczyk that Easy Street Park would be the best area for the handicapped due to its asphalt walkways. The City Manager described Riverview Park improvements and said no further improvements will be addressed without public input. Mr. Barczyk asked if storage of kayaks at Riverview Park was permissible, noting that he noticed kayaks there over the weekend. The Public Works Director said perhaps Code Enforcement can look into someone who might be renting them out there. Both men were commended for the condition of city parks. They said there have been no reports of trouble at Hardee Park due to the lights and it was noted they come on at 6 am for early joggers. 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 Ciry Council so requests; in which event, the item will be removed and acted upon separately. 1-4 A. Approval of Workshop Minutes - 4/9/03 5-12 B. Approval of Regular Meeting Minutes - 4/9/03 03.090 C. Resolution No. R-03-17 Florida Dept. of Transportation, Aviation Section 13-36 Joint Participation Agreement for Phase II of Runway 9-27 (Airport Transmittal 4/7/03, R-03-17, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING FOR REHABILITATION OF RUNWAY 9-27 AND CONSTRUCTION OF A PARALLEL TAXIWAY; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 3 Regular City Council Meeting April 23, 2003 Page Four 03.091 D. Resolution No. R-03-18 Florida Dept. of Transportation, Aviation Section Joint 37-44 Participation Agreement for Construction of T-Hangars (Airport Transmittal 4/7/03, R-03- 18, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT SUPPLEMENT WITH FDOT TO PROVIDE FUNDING TO CONSTRUCT T-HANGARS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 03.092 E. Resolution No. R-03-19 Florida Dept. of Transportation Aviation Section 45-72 Joint Participation Agreement for Wetland and Environmental Mapping and Reports and Approve LPA Group Work Authorization #13 in the Amount of $36,808 (Airport Transmittal 4/14/03, R-03-19, Agreement, Work Authorization #13) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING FOR THE WETLAND/ENVIRONMENTAL MAPPING AND REPORTS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 03.057 F. Resolution No. R-03-20 Amending the City's Investment Policy Pursuant to 73-94 Entering an Agreement for Investment Services (Finance Transmittal 4/15/03, R-03-20, Attachment 1, Proposed Policy, Current Policy) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CITY'S INVESTMENT POLICY PURSUANT TO AGREEMENT FOR INVESTMENT SERVICES; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 03.093 G. Approval of Fiscal Year 2003-2004 Budget Calendar (Finance Transmittal 95-96 4/15/03, Calendar) The City Attorney read Resolution Nos. R-03-17, R-03-18, R-03-19 and R-03-20 by title. MOTION by Barczyk/McCollum "Move to approve consent items A-G." ROLL CALL: Roll Call carried 5-0 Mayor Barnes -aye Mr. Coniglio -aye Mr. Barczyk -aye Mr. Hill -aye Mr. McCollum -aye 4 Regular City Council Meeting April 23, 2003 Page Five 8. COMMITTEE REPORTS/RECOMMENDATIONS A. Tree and Landscape Advisory Board 03.094 2003 Work Plan (no backu Cathy Fulton, Chairperson, Tree and Landscape Advisory Board, reviewed prior work plans and discussed the Board's focus for 2003, citing the champion tree program, keeping up city hall gardens, and a request by the Parks and Recreation Committee members to attend a Tree Advisory Board meeting. Ms. Fulton was commended for the Arbor Day celebration on April 19, 2003. Mr. Coniglio said it was nice to have a member of a city board report to City Council on their activities. 9. PUBLIC HEARING 03.071 A. Second Reading and Public Hearing Construction Noise (City Attorney 97-100 Transmittal 0-03-04) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING CODE OF ORDINANCES SECTION 26-6 HOURS OF CONSTRUCTION LIMITATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (Legal Ad Press Journal 4-9-03) The City Attorney read the ordinance by title and Mayor Barnes opened the public hearing at 7:53 p.m. Being no input, the hearing was closed. Mayor Barnes said he had discussed this with some contractors, and a suggestion was made to move the start time from 9 am to 8 am on Saturday. City Council discussion followed about weekend work. MOTION by Hill/Coniglio "I move to pass Ordinance No. 0-03-04 with the change of the hours on the weekend from 8 a.m. to 5 p.m." ROLL CALL: Mr. Barczyk -aye Mr. Hill -aye Mr. McCollum -aye Mayor Barnes -aye Mr. Coniglio -aye Roll Call carried 5-0 5 Regular City Council Meeting April 23, 2003 Page Six 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 -sign-up required -limit of ten minutes for each speaker Baxter Coston said he would speak during discussion of the stop signs. Bill German asked about liability the City might incur with boats going under the bridge at Schumann Park. Russ Owen, suggested a party for returning servicemen and offered $100 to get it started. City Council discussed an appropriate time, with a possibility of 4th of July. 11. OLD BUSINESS 03.095 A. First Reading of Ordinance No. 0-03-07 Petition for Voluntary Annexation 101-122 by Forte Macauley Development Inc. for a Proposed 72 acre Planned Unit Development -Set Public Hearing for 5/14/03 (GMD Transmittal 4/16/03, 0-03-07, Letter, Map, Application, F.S. 171.044, 0-02-13, Minutes Excerpt from Aug. 28, 2002) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 72.447 ACRES, MORE OR LESS, BEING A PART OF SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST LOCATED ALONG THE ST. SEBASTIAN RIVER NEAR THE INTERSECTION OF CR 510 AND CR 512; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-03-07 by title. The City Manager gave a brief presentation. Tim Jelus with Forte Macauley Development, Inc. addressed City Council on the proposed voluntary annexation. MOTION by Coniglio/Hill "Move to pass Ordinance No. 0-03-07 on first reading and schedule a second reading and public hearing for May 14, 2003." ROLL CALL: Mr. Coniglio -aye Mr. Barczyk -aye Mr. Hill -aye Mr. McCollum -aye Mayor Barnes -aye Roll Call carried 5-0 6 Regular City Council Meeting April 23, 2003 Page Seven B. Stops Sians at Indian River Drive and Jackson Street Mr. Hill said there are concerns about placement of stop signs. He went on to say that the installation of stop signs is a function of staff and it was not his intention to circumvent staff. Chief Davis said the placement of a stop sign on Indian River Drive would be a mistake and subject the city to accidents, would back up vehicles and limit people's ability to cross, and that there are other streets that approach Indian River Drive that are more in need of stops and that if necessary a proper study could be performed. Mr. Coniglio reiterated his reasons for wanting to maintain the stop signs. Mr. Barczyk said he spent time at Captain Butchers and said there does not seem to be a problem at the intersection. Mr. Hill said he better educated himself on this issue and asked that the item be placed back on this agenda based on the Chief's concerns, and the decision belongs in the hands of the professionals. MOTION by Hill/Barczyk "I'd move to re-approve the site plan without the stop signs as asked by staff." ROLL CALL: Mr. Hill -aye Mr. McCollum -aye Mayor Barnes -aye Mr. Coniglio -nay Mr. Barczyk -aye Roll Call carried 4-1 (Coniglio -nay) 12. NEW BUSINESS 03.027 A. Resolution No. R-03-21 Adopting an Amended Fiscal Year 2002-03 Budget 123-148 (Finance Transmittal 4/16/03. R-03-21, Memo. Reports, Schedules) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-03-21 by title and the Finance Director briefly described the amendments, which includes the city hall and stormwater bond, which closed on August 21st. He added an amendment to the airport funds of $99,000. (Reference exhibit A on page circle 126) 7 Regular City Council Meeting April 23, 2003 Page Eight MOTION by Barczyk/Hill "Move to approve R-03-21 as amended." ROLL CALL: Mr. McCollum -aye Mayor Barnes -aye Mr. Coniglio -aye Mr. Barczyk -aye Mr. Hill -aye Roll Call carried 5-0 03.096 B. Authorize the Purchase of an Edgewater Marine Boat and Accessories in the 149-154 Amount of $44,573.00 from Edgewater Powerboats for the Police Department (PD Transmittal 4/4/03, boat specs) Chief Davis gave a presentation on the proposed boat purchase and responded to questions from Council. William Germann asked about a side ramp attached to the planned future dock, which would launch a boat faster. MOTION by Barczyk/McCollum "Then I move to approve the purchase of the Edgewater boat package and accessories in the amount of $44,573.00 from Edgewater Powerboats." ROLL CALL: Mayor Barnes -aye Mr. Coniglio -aye Mr. Barczyk -aye Mr. Hill -aye Mr. McCollum -aye Roll Call carried 5-0 03.097 C. A~ooint Member and Alternate Member to Treasure Coast Regional Airport 155-156 Noise and Flight Training Working Group (12/11/02 minutes page, information newsletter page) The Airport Director explained in 1999 FDOT created steering committees by region to meet quarterly to discuss aviation problems, which resulted in the Treasure Coast Regional Airport Noise and Flight Training Assessment/Study. He requested the appointment of two people to serve on the Treasure Coast Regional Airport Noise and Flight Training Working Group, noting that other agency members have appointed elected officials. 8 Regular City Council Meeting April 23, 2003 Page Nine He said there will be six meetings and the location had not yet been decided, though he thought they may rotate the location. Mr. Barczyk volunteered to be the member since he is a member of Treasure Coast Regional Planning Council. Mr. Hill volunteered to be the alternate. MOTION by Barnes/Coniglio "I'll make a motion that we accept Joe as the Sebastian representative to the Treasure Coast Regional Airport Noise and Flight Training Working Group." ROLL CALL: Mr. Coniglio -aye Mr. Barczyk -aye Mr. Hill -aye Mr. McCollum -aye Mayor Barnes -aye Roll Call carried 5-0 MOTION by Barnes/Coniglio "I'll make a motion that we accept Mr. Hill (as alternate)." ROLL CALL: Mr. Barczyk -aye Mr. Hill -aye Mr. McCollum -aye Mayor Barnes -aye Mr. Coniglio -aye Roll Call carried 5-0 13. CITY ATTORNEY MATTERS Reported that his work on the bond has been completed and he will begin the solid waste contract. He advised that once the site plan was approved that staff had legal authority to remove stop signs on Indian River Drive. 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS The City Clerk noted that today is Administrative Professionals Day and asked that the City's administrative staff, some of which are the City's longest-term employees, be recognized for their contributions. 9 Regular City Council Meeting April 23, 2003 Page Ten 17. CITY COUNCIL MATTERS A. Mr.6arczvk Requested a sign directing people to city departments in front of the main building or in the parking lot. B. Mr. Hill None. C. Mr. McCollum Discussed SB654 and HB1307 and asked the City Attorney to address the Senate bill. The City Attorney explained that HB1307 has been amended to allow the permitting process at the local level. He further explained that the language is so wide open in S6654 that eventually it can be interpreted that municipalities cannot regulate the terms and conditions of service the companies are providing. Mr. McCollum requested an opposition letter be sent as soon as possible to the legislators. MOTION by McCollum/Hill "I would make a motion that we once again, send a letter of non-support for S6654 because of loss of local control." Mr. McCollum will provide a copy of the county's letter to the Clerk. TAPE 11 -SIDE 1(9:04 p.m.) ROLL CALL: Mr. Hill -aye Mr. McCollum -aye Mayor Barnes -aye Mr. Coniglio -aye Mr. Barczyk -aye Roll Call carried 5-0 Mr. McCollum would like to hold off the sending out the solid waste management handout before pricing is discussed specifically the offset of nine Monday holidays and two Friday holidays. The City Manager replied that he will ask Waste Management to include Mr. McCollum's concern before mass delivery begins. Mr. McCollum stated the cameraman needs a chair. 10 Regular City Council Meeting April 23, 2003 Page Eleven C. Mayor Barnes 03.098 i. Letter from Parks & Recreation Advisory Chairman Inaui 157-158 03.098 ii. Advertisement for April 28th Workshop Mayor Barnes requested a motion to place an ad in the paper advertising the April 28 workshop. MOTION by Hill/McCollum "So moved." ROLL CALL: Mr. Hill -aye Mr. McCollum -aye Mayor Barnes -aye Mr. Coniglio -aye Mr. Barczyk -aye Roll Call carried 5-0 Mayor Barnes further stated the Parks and Recreation Committee will dissolve this fall and it was the consensus of Council to direct the City Attorney to draft an ordinance to make the Parks and Recreation Committee permanent and bring it back for first reading. He also stated that he was contacted by Keep Indian River Beautiful to identify areas for the May Clean-Up. It was suggested that Sebastian Boulevard, Barber Street, Schumann Drive and Roseland Road be submitted for clean up. He further asked if there would be a public hearing on the one-way traffic flow or two- way traffic flow for Louisiana Avenue. The City Manager responded that the engineer will make a presentation to the Citizens Advisory Task Force on May 7th and then to Council on May 14th with the recommendation from the task force. E. Mr. Coniglio Mr. Coniglio requested the City reimburse the contractor for the Indian River Drive stop sign. He congratulated the City Clerk for her quarterly performance and appointment to the International Institute of Municipal Clerk committee. He noted the parapet wall has been completed behind Sebastian Retail Shops. He presented framed mementos from the Pelican Island Wildlife Festival to the City Manager. 18. Being no further business, Mayor Barnes adjourned the Regular Meeting at 9:18 p.m. Approved at the 5-14-03 Regular City Council Meeting. A~f`TE$T: ~ =~ Sally A. M o, CMC 1- I~t 1aQ~ ) ~ ,.~~ Walter W. Barnes 11 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET APRIL 23, 2003 REGULAR MEETING "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA*- LIMIT OF 10 MINUTES PER SPEAKER If the item on which you wish to speak is on the printed agenda, do not sign this form. The Mayor will call for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. Name: '' New Subject: Name: _ New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: PUBLIC HEARING SIGN-UP SHEET 03.071 Second Reading and Public Hearing Construction Noise AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING CODE OF ORDINANCES SECTION 26-6 HOURS OF CONSTRUCTION LIMITATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (Legal Ad Press Journal 4-9-03) NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS MEMORANDUM TO: MAYOR BARNES AND CITY COUNCIL MEMBERS FROM: SALLY MAID, CMC -CITY CLERK ~~ SUBJECT: TEMPORARY PARKS AND RECREATION COMMITTEE DATE: 4/22/2003 CC: TERRENCE MOORE, CITY MANAGER; CITY ATTORNEY, RICH STRINGER; JEANETTE WILLIAMS, DEPUTY CITY CLERK/BOARD COORDINATOR Attached please find a copy of Resolution No. R-O1-65, establishing a temporary Parks and Recreation Committee which will automatically disband within two years of its establishment. The date for expiration is September 12, 2003. Should the City Council wish to continue this committee's services direction should be given to the City Attorney to come back with language to make this a permanent committee. Page 1 of 1 Jeanette Williams From: Sally Maio Sent: Monday, April 21, 2003 8:30 AM To: Jeanette Williams Subject: FW: Communication Tower Bills -----Original Message----- From: Nathan McCollum [mailto:NathanMccollum@msn.comJ Sent: Saturday, April 19, 2003 1:59 PM To: Rich Stringer Cc: Terrence Moore; Sally Maio Subject: Communication Tower Bills I have reviewed the modified versions of House Bill HB 1307 and Senate Bill 1450. The language has definitely been changed and appears to return approval/denial rights back to city councils and county commissions. However, I am not an attorney and there could be "booby traps" in this bill. Can you please review these bills before our April 23 meeting. During the meeting, I will be asking your opinion on your review of these bills. Obviously, I am concerned about authorizations for new tower construction and existing towers. I want to make sure that City Council has the final say when it comes to construction approval of any towers. Also, if I am reading this correctly, it states that vendors will have the right to co-exist on existing towers when available. What happens if the tower owner does not want another vendor on their tower? For instance, if Verizon owns a tower, can they deny access to Nextel because they are competitors? Or, for that matter, can the City Council deny co-existence on any tower? You can address my concern under your matters or I can bring it up under my matters. If you feel that the City is losing approval rights, please let me know ahead of time and I will ask the Council to add this matter to the agenda as an emergency item so we can authorize letters and communications to state representatives. If allowable, please ask Sally to provide a copy of this a-mail to the Council so they are aware of the upcoming discussion. Thank you for your assistance. Nathan McCollum 4/21/2003