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HomeMy WebLinkAbout05092012 Agenda SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MAY 9, 2012 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FL OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION – Pastor Bill Brothers, Baptist New Life Church of Sebastian 3. PLEDGE OF ALLEGIANCE – Led by Vice Mayor Wright 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous voted of City Council Members 6. 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. pg 6 A. Proclamation – Safe Boating Week – May 19-25, 2012 – Accepted by Flotilla 56 Commander Frans Eyberse, US Coast Guard Auxiliary pg 7 B. Proclamation – Civility Month – May, 2012 – Accepted by City Attorney, Robert A. Ginsburg pg 8 C. Proclamation – Building Safety Month – May, 2012 – Accepted by Building Director, Wayne Eseltine pg 9 D. Proclamation – Teacher Appreciation Week – May 7-11, 2012 – Accepted by Principal Todd Racine, Sebastian River Middle School pg 10 E. Proclamation – National Police Officers Memorial Day – May 15th, 2012 & National Police Week May 13-19, 2012 – Accepted by Chief, Michelle Morris F. Presentation by Ann Benedetti – St. Johns River Water Management District – Land Assessment G. Brief Announcements i. Sebastian River Art Club Show in Riverview Park – May 12th ii. US Postal Carriers Food Drive – May 12th iii. City Hall Furlough Day – May 18th iv. Concert in Riverview Park – May 18th – 5:30 pm to 8 pm – Bobby Owens Band 1 of 155 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 11-14 A. Approval of Minutes – 4/11/12 Joint Workshop pgs 15-20 B. Approval of Minutes – 4/25/12 Regular Meeting pgs 21-23 C. Approve Closing of Indian River Drive from Harrison Street North to Jackson Street on September 29, 2012 from 6:00 a.m. to 9:00 a.m. for Sebastian Charter Junior High School 5K Run Fundraiser (Parks Transmittal, Application) pgs 24-27 D. Approve Closing of Indian River Drive from Harrison Street North to Jackson Street on November 10, 2012 from 6:45 a.m. to 9:30 a.m. for Sebastian River Middle School IB Program 5K Run Fundraiser (Parks Transmittal, Letter, Application) pg 28 E. Prior Authorization for Any Member of City Council to Attend Florida League of Cities Annual Conference at Westin Diplomat, Hollywood, FL – August 23-25, 2012 (City Clerk Transmittal) pg 29 F. Prior Authorization for Any Member of City Council to Attend Advanced Institute for Elected Municipal Officials in Cocoa Beach, FL – October 26-27, 2012 (City Clerk Transmittal) pgs 30-36 G. Police Department Forfeitures (Police Chief Transmittal, Invoices, Memo, Letters) pgs 37-64 H. Resolution No. R-12-13 - Assignment of Sebastian Municipal Airport Lease - V- Raptor Aircraft, LLC to Rud Arrow, Inc. (Airport Director Transmittal, R-12-13, Correspondence, Consent, Lease) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AUTHORIZING THE ASSIGNMENT OF LEASEHOLD INTEREST BETWEEN V-RAPTOR AIRCRAFT, LLC AND RUD AERO, INC; PROVIDING FOR THE REPEAL OF ANY RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. 8. COMMITTEE REPORTS & 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. pgs 65-78 A. Natural Resources Board (City Clerk Transmittal, Applications, Ad, List) i. Interview, Unless Waived, and Appoint One Unexpired, Regular Member Position – Term to Expire July 1, 2014 pgs 79-91 B. Parks and Recreation Advisory Committee (City Clerk Transmittal, Applications, Ad, List) i. Interview, Unless Waived, and Appoint Two Expired, Regular Member Positions – Terms to Expire May 31, 2015 ii. Interview, Unless Waived, and Appoint One Expired Alternate Member Position – Term to Expire May 31, 2015 iii. Interview, Unless Waived, and Appoint One Unexpired Alternate Member Position – Term to Expire May 31, 2014 2 of 155 9. PUBLIC HEARING Procedures for public hearings: • Mayor opens hearing • Attorney reads ordinance or resolution • Staff presentation • Public Input • Staff summation • Mayor closes hearing • Council deliberation and action Anyone wishing to speak is asked to raise their hand and when called, go to the podium and state his/her name for the record. pgs 92-98 A. Ordinance No. O-12-06 – Florida Model Ordinance – Fertilizer Best Management Practices (City Manager Transmittal, O-12-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PERTAINING TO ENVIRONMENTAL REGULATION; AMENDING THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, CHAPTER 50 “HEALTH AND SANITATION” BY PROVIDING FOR CREATION OF SECTION 50-5 “FLORIDA-FRIENDLY FERTILIZER USE”; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 4/11/12, Legal Ad 4/25/12) 10. UNFINISHED BUSINESS pgs 99-103 A. Cavcorp Improvement Update (City Manager Transmittal, Layouts, Cost Analyses) pgs 104-106 B. Authorize Project Budget Increase from $75,000 to $100,000 for Dog Park Restroom (Public Works Transmittal, Budget Modification, Impact Fee Summary) 11. PUBLIC INPUT 12. NEW BUSINESS pgs 107-150 A. Resolution No. R-12-12 - Bank Note Bond Closing (Finance Director Transmittal, R-12-12, Analysis) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ACCEPTING A PROPOSAL OF TD BANK, N.A. AND APPROVING THE FORM OF A LOAN AGREEMENT WITH TD BANK, N.A.; AUTHORIZING THE ISSUANCE OF A PROMISSORY NOTE PURSUANT TO SUCH LOAN AGREEMENT IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,296,000 TO REFINANCE PRIOR INDEBTEDNESS OF THE CITY AND TO FINANCE COSTS OF THE ACQUISTION, CONSTRUCTION AND EQUIPPING OF CERTAIN TRANSPORTATION RELATED CAPITAL IMPROVEMENTS WITHIN THE CITY; AUTHORIZING THE REPAYMENT OF SUCH NOTE FROM PROCEEDS OF THE SIX CENTS LOCAL OPTION GAS TAX; DELEGATING CERTAIN AUTHORITY TO THE CITY MANAGER AND THE CITY CLERK; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION. pgs 151-152 B. Award Annual Sod Contract to Ag Scape Services Based on Bid Prices Submitted – Low Bidder and Local (Public Works Transmittal, Bid Tabulation) pgs 153-155 C. Resolution No. R-12-14 – Smart Meters (Council Transmittal, R-12-14) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, IN SUPPORT OF THE RIGHT OF CITIZENS IN SEBASTIAN, FLORIDA TO OPT OUT OF FLORIDA POWER & LIGHT’S SMART METER PROGRAM; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 3 of 155 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Vice Mayor Wright B. Council Member Coy C. Council Member Gillmor D. Council Member McPartlan E. Mayor Hill 17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half hour by a majority vote of City Council) All City Council meetings are aired live on COS Comcast Channel 25 and streamed live on the City website www.cityofsebastian.org Hearing assistance headphones are available in the Council Chambers for all government meetings. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMODATION FOR THIS MEETING SHOULD CONTACT THE CITY’S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming Meetings: May 23, 2012 – 6:30 pm June 13, 2012 – 6:30 pm June 27, 2012 – 6:30 pm July 11, 2012 – 6:30 pm July 25, 2012 – 6:30 pm 4 of 155 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-12-01 Regular City Council Meetings Public input is ALLOWED under the headings:  Consent Agenda  Public Hearings  Unfinished Business  New Business  Public Input Public input is NOT ALLOWED under the headings:  Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards);  Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments);  City Council Matters  Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual’s time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas “Public Input” provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 5 of 155 6 of 155 7 of 155 8 of 155 9 of 155 10 of 155 11 of 155 12 of 155 13 of 155 14 of 155 15 of 155 16 of 155 17 of 155 18 of 155 19 of 155 20 of 155 21 of 155 22 of 155 23 of 155 24 of 155 25 of 155 26 of 155 27 of 155 28 of 155 29 of 155 30 of 155 31 of 155 32 of 155 33 of 155 34 of 155 35 of 155 36 of 155 37 of 155 38 of 155 39 of 155 40 of 155 41 of 155 42 of 155 43 of 155 44 of 155 45 of 155 46 of 155 47 of 155 48 of 155 49 of 155 50 of 155 51 of 155 52 of 155 53 of 155 54 of 155 55 of 155 56 of 155 57 of 155 58 of 155 59 of 155 60 of 155 61 of 155 62 of 155 63 of 155 64 of 155 65 of 155 66 of 155 67 of 155 68 of 155 69 of 155 70 of 155 71 of 155 72 of 155 73 of 155 74 of 155 75 of 155 76 of 155 77 of 155 78 of 155 79 of 155 80 of 155 81 of 155 82 of 155 83 of 155 84 of 155 85 of 155 86 of 155 87 of 155 88 of 155 89 of 155 90 of 155 91 of 155 92 of 155 93 of 155 94 of 155 95 of 155 96 of 155 97 of 155 98 of 155 99 of 155 100 of 155 101 of 155 102 of 155 103 of 155 104 of 155 105 of 155 106 of 155 107 of 155 108 of 155 109 of 155 110 of 155 111 of 155 112 of 155 113 of 155 114 of 155 115 of 155 116 of 155 117 of 155 118 of 155 119 of 155 120 of 155 121 of 155 122 of 155 123 of 155 124 of 155 125 of 155 126 of 155 127 of 155 128 of 155 129 of 155 130 of 155 131 of 155 132 of 155 133 of 155 134 of 155 135 of 155 136 of 155 137 of 155 138 of 155 139 of 155 140 of 155 141 of 155 142 of 155 143 of 155 144 of 155 145 of 155 146 of 155 147 of 155 148 of 155 149 of 155 150 of 155 151 of 155 152 of 155 153 of 155 154 of 155 155 of 155