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HomeMy WebLinkAbout01142004crlY oF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 14, 2004 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. The Mayor called the Regular City Council Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. A moment of silence was held. 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 City Engineer, David Fisher Stormwater Engineer, Ken Jones Golf Course Director, Greg Gardner Growth Management Director, Tracy Hass Police Chief, James Davis Public Works Director, Terry Hill Regular City Council Meeting January 14, 2004 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-03-14) Mayor Barnes announced that item G on the consent agenda was removed and will be brought back on January 28, 2004. City Council concurred with the change. 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 04.001 1-2 Accolades to 2003 Employee of the Year, Joy Green (HR Transmittal 1/7/04) The Mayor presented Joy Green with a plaque and $200.00 savings bond. 04.002 Certificate of Appreciation to Stuart Houston for Construction Board Service (no backup) The Mayor read the certificate, however, Mr. Houston was not in attendance to receive it. 04.003 Certificate of Appreciation to Jr. Woman's Club, Sal Ne.qlia, Gene Rauth and Wally Kramer - 2003 Santa Sail-In (no backup) The Mayor read the certificates and presented one to the Sebastian Junior Woman's Club and Sal Neglia for their participation in the Santa Sail-In. Gene Rauth and Wally Kramer were not in attendance to receive their certificates. 04.020 D. Citizen Award Presentation by Sebastian Police Department (no backup) The Chief presented a certificate to Christopher Nunn for his participation leading to the arrest of five individuals connected with sixty personal property damage incidents. 04.019 3-8 Eo Consider Request from Boys and Girls Club of Indian River County to Hold a Circus at Sebastian Municipal Airport February 6 & 7, 2004, Shows Each Day at 5:30 pm & 7:30 pm (Airport Transmittal 1/8/04, Letter, Attachments, Insurance Certificate) Leisa Smith-Fulton addressed the proposed circus to Council as a fundraising event for the Boys and Girls Club. She said she had been assured that Walker Bros. Circus does not have any elephants or caged animals. The City Manager described the logistics in use of the airport. Karl Mahler, Humane Society of Indian River County, described the terrible record that circuses have with animals. He said he was surprised to hear that Walker Brothers does not use circus animals because they have been cited 16 times in the last several years, and now leases its animals from Hawthorne Corporation. He described the materials he had provided to City Council. He said he has a list of 15 circuses that do not use animals. Mr. Coniglio said this circus performed in Fellsmere recently and that they do not have elephants or caged animals. Regular City Council Meeting January 14, 2004 Page Three Mr. McCollum said unless he knows there are no animals, he would not be supportive of this. MaryAnn Krueger, Sebastian, said the same circus was in Fellsmere and had elephants and other animals, unsafe conditions, and said she had filed a complaint against them. She suggested the City giving the $3000 to the Boys and Girls Club rather than going through this two day event. Sal Neglia, expressed concern about parking and asked if this is going to be an annual event. Leisa Smith-Fulton, said there would be no circus if there were elephants or any caged animals if that was the wish of Council. Andrea Coy, said she had concerns about any animal acts being used, and asked how the airport had been picked for this location. MOTION by Coniglio/Hill "1 would move that we accept the request from the Boys and Girls Club to hold a circus February 6th and 7th at the Sebastian Municipal Airport and include the fact that there will be no elephants or caged animals and I would add onto that we would invite the Humane Society to be there." Mr. McCollum asked for the definition of "caged" animals. The City Attorney said USDA defines animals as "exotic". The City Attorney and Mr. Coniglio noted that they were members of the Advisory Council to the Boys and Girls Club. The City Attorney said the City could shut down the event if animals were found on the premises. Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - nay Roll Call carried 4-1. 04.004 9-10 Presentation by FPL Reqarding Feeder Grid Upgrading Project (Engineering Transmittal 1/6/04) Nick Blount, FPL, described the growth and increased size of homes in Sebastian that requires them to expand their system in the areas of Rolling Hill, Tulip, Vocelle, Riviera, Gardenia, Schumann, Engiar, Roseland and CR 510. He said they plan to reduce connections to laterals to approximately 75 customers from the present approximately 300. He said he would be happy to show plans to residents after the meeting. 3 Regular City Council Meeting January 14, 2004 Page Four Mr. Coniglio said residents were concerned that lines were now going in the front and back of homes and asked if there was anything the City could do to prevent this. Mr. Blount responded to Council concerns noting poles are being put in front because it is very difficult to get behind people's houses for service, said he would follow up to see what will be done with tree trunks left standing on Rolling Hill, and described the need for electrical code clearance. Mr. McCollum said there was a City permitting process FPL had to go through in 1992 when they planned to put concrete poles on Laconia. 04.005 11-24 Stormwater Presentation Clarifying Citizens' Responsibility (Stormwater Transmittal 1/6/04, Past Pelican Briefs) The Stormwater Engineer said easements are owned by the property owner and the City has the right to utilize the easement. He said people should maintain their easements which will allow the sun to reach standing water, urged people to keep sand out of front culvert pipes, however, said the City is responsible for maintenance of large right-of-way channels. In response to City Council he said staff is continuing to create workable front and side swales to maintain flow. Mr. Hill said for many years the City has been maintaining rear drainage ditches, and expressed concern that people have been assessed for stormwater and are now being asked to maintain their own ditches. He expressed concern for elderly people who are not able to maintain these ditches, that maintenance has gone down in the last couple of years but there should be more in light of the assessment. Mayor Barnes suggested that it be assumed that all larger ditches be the City's responsibility. He asked about the purchase of equipment that can be used to maintain these ditches. The City Manager said this equipment is planned for capital purchase in fiscal year 2004/2005 if approved in the budget. Mr. Coniglio said with growth, it has been more difficult for the City to maintain rear ditches. The City Manager said the cost of the equipment he referenced is approximately $200,000. 04.006 25-26 Presentation Regarding Pedestrian Safety Measures at City Boat Ramps (Engineering Transmittal 1/7/04) The City Engineer addressed City Council on safety concerns, finding none at the Yacht Club and suggested modifications to the staging area for the Main Street boat ramp. He said fixes to the area will be done in conjunction with the overall planned Main Street improvement. 4 Regular City Council Meeting January 14, 2004 Page Five Mr. Coniglio suggested that some Chamber and Historical Society employee parking be included in the plan for Main Street. MOTION by Hill/Coniglo "Move to authorize staff to proceed with further detailed designs." Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Roll Call carried 5-0 Mayor Barnes called recess at 8:35 p.m. and reconvened the meeting at 8:47 p.m. All members were present. = 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. 27-38 A. Approval of Regular Meeting Minutes - 12/10/03 39-50 B. Approval of Special Meeting Minutes - 12/17/03 04.007 51-54 Approval of Agreement with Indian River County Supervisor of Elections for Use of Community Center for Precinct 103 Polling Place (City Clerk Transmittal 1/2/04, Letter, Agreement) 04.008 55-58 Approve Treasure Coast Crafters Club Craft Show at Riverview Park on March 27 & 28, 2004 from 9:00 am to 4:00 pm (Public Works Transmittal 1/7/04, Application, Check Copy) 04.009 59-64 Resolution No. R-04-01 Florida League of Cities Initiative Regarding Proposed 2004 Legislation Affecting Municipalities (City Clerk Transmittal 1/2/04, Memo, R-04-01 ) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING MUNICIPAL ISSUES DURING THE 2004 LEGISLATIVE SESSION; PROVIDING FOR AN EFFECTIVE DATE. 04.010 65-78 Resolution No. R-04-02 - Vacation of Easement - Doug Scott Custom Homes; Lots 4 & 5, Block 155, Sebastian Highlands Unit 5 (GMD Transmittal 1/6/04, R-04-02, Map, Report, Application, Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTSOVER LOTS 4 AND 5, BLOCK 155, SEBASTIAN HIGHLANDS UNIT 5; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 5 Regular City Council Meeting January 14, 2004 Page Six 70 9~ 04.012 H. 87-94 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CREEK ESTATES PHASE VI; PROVIDING FOR CONFLICTS MEDE%f, IITLI, DD~/I~IkI~ E~D EEEEPTI~/E ~TE Authorize the Purchase of One Chevrolet Trail Blazer 4 x 4 for the Police Department from Garber Chevrolet at a Total Cost of $22,428.00 in Accordance with Florida Sheriff's Association Bid Award for Police Department (PD Transmittal 12/16/03, Bid Doc) 04.013 I. 95-112 Authorize the Purchase of Three Crown Victoria Patrol Vehicles for the Police Department from Duval Ford at a Total Cost of $71,064.00 in Accordance with Florida Sheriff's Association Bid Award (PD Transmittal 12/16/03, Bid Doc) 04.014 J. 113-114 Authorize the Appropriation of $9,634.85 from the FY03/04 Annual Paving Program Funds to Enable Payment of Final Dickerson Florida, Inc. Invoice in the Total Amount of $34,503.97 for Street Resurfacing Done During FY02/03 (Engineering Transmittal 1/5/04, Cost Breakdown) The City Attorney read Resolution Nos. R-04-01 and R-04-02 by title. Mr. McCollum removed item A, B and E. Mr. Barczyk removed D. MOTION by Coniglio/McCollum "1 would move that we approve consent agenda items C-J except for D, E and G." Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Roll Call carried 5-0 Item A and B Mr. McCollum noted corrections needed to both minutes. (See City Clerk memo attached.) MOTION by McCollum/Coniglio "With those corrections I would move approval of item A and B." Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio ~ aye Mr. Barczyk - aye Roll Call carried 5-0 6 Regular City Council Meeting January 14, 2004 Page Seven Item E - R-04-01 Mr. McCollum urged citizens to contact their state legislators regarding the increased taxes the state mandates mention in the resolution will cause. MOTION by McCollum/Barczyk "With that I would move approval of item E." Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Roll Call carried 5-0 Item D Mr. Barczyk asked if clubs that use the park receive parking instructions for their event. MOTION by Barczyk/Hill "With that I would like to recommend approval of item C--D." Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 5-0 8. COMMITTEE REPORTS/RECOMMENDATIONS 04.015 115-139 Code Enforcement Board i. Interview, Unless Waived, and Appoint Regular Member to Unexpired Position (City Clerk Transmittal 12/30/03, Letter, Applications, Ad, List) Mr. Barczyk nominated Eva Schofield. There being no other nominations, Mrs. Schofield was appointed to the regular member position. Regular City Council Meeting January 14, 2004 Page Eight City Council interviewed Hank Buchanan, Barry Crane, and Robert Craw, Sr. No other applicants were in attendance. Mr. Hill nominated Mr. Buchanan. Mayor Barnes nominated Mr. Crane. Mr. Coniglio - Buchanan Mr. Barczyk - Buchanan Mr. Hill - Buchanan Mr. McCollum - Buchanan Mayor Barnes - Crane Mr. Buchanan was appointed to the alternate position. 9. PUBLIC HEARING - none. 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 11. OLD BUSINESS 04.016 140-158 Ao Appointments in Accordance with Provisions of Indian River County Interlocal Agreement for Public School Planninq (City Clerk Transmittal 1/2/04, Agreement) The City Manager sought direction on the process they wished to follow for the appointment of the citizen position. MOTION by Barczyk/Hill "Move to formally acknowledge the appointment of Mayor Barnes to the Elected Official Oversight Committee and determine appropriate method for appointing a citizen to the Citizen Oversight Committee for the next meeting. Bring back on the January 28th meeting." The City Clerk reiterated Council consensus to run a press release and take applications for the position. Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum ~ aye Mayor Barnes - aye Mr. Coniglio - aye Roll Call carried 5-0 8 Regular City Council Meeting January 14, 2004 Page Nine 12. NEW BUSINESS 04.020 A. 159-178 Approve Temporary Airport Lease Agreement with Aero Shade Technologies and the City of Sebastian (Airport Transmittal 1/7/04, Agreement, Letter) The Airport Director gave a brief presentation on a proposed lease agreement with Aero Shade Technologies, noting to be in compliance with FAA regulations to conduct their business, a permanent address needs to be established, thus the request for a temporary lease while a permanent lease is negotiated. Jeff Manchec, 1811 NW 51st Street, Ft. Lauderdale, Aero Shade Technologies, addressed Council. MOTION by Coniglio/Hill "1 move to approve temporary airport lease agreement between the City of Sebastian and Aero Shade Technologies." Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Roll Call carried 5-0 04.017 B. 179-190 First Reading Ordinance No. O-04-01 - Petition for Voluntary Annexation by Sebastian River Landinqs, LLC for a Proposed 62.827 Acre Planned Unit Development Situated Alonq CR510 South of CR512 and Known as Sebastian River Landinqs Unit II (GMD Transmittal 1/5/04, O-04-01, Letter, Map, Survey, FS) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF 62.827 ACRES, MORE OR LESS, BEING A PART OF SECTION 26, TOWNSHIP 31 SOUTH, RANGE 38 EAST LOCATED SLIGHTLY SOUTH OF THE INTERSECTION OF CR510 AND CR512; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title. The Growth Management Director stated the applicant complied with Council's wishes regarding units per acre. MOTION by Hill/Coniglio "Mayor I move to pass Ordinance O-04-01 on first reading and schedule a second reading and public hearing for January 28, 2004." 9 Regular City Council Meeting January 14, 2004 Page Ten Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Roll Call carried 5-0 04.018 191-194 Televised 2004 Candidates' Forum in City Council Chambers (City Clerk Transmittal 1/8/04, Minutes, Letters) Discussion took place on allowing two separate forums and having the groups fund the broadcast. The City Manager said Beth Mitchell is committed to paying the cost of the broadcast for the Chamber of Commerce forum. Mr. Coniglio noted that the Chamber will be asking for another County Commission forum. The City Clerk noted that there is a Tree Board meeting on March 1st and a Planning and Zoning Commission meeting on March 4th. Sal Neglia, Sebastian Property Owners Association, said he could work with Chamber of Commerce, but noted the property owners are non-profit and it would be difficult to raise this kind of money. MOTION by McCollum/Barczyk "1 will make a motion that we allow the City Chamber of Commerce and the Sebastian Property owners the ability to have their debates in the council chambers at city's expense at a date uncertain at this time but be verified with staff whatever works on the calendar they will be able to do it." Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Roll Call carried 5-0 13. CITY ATTORNEY MATTERS Reported on Capital Sanitation case. Stated he is working on personnel issues involving arbitration. 10 Regular City Council Meeting January 14, 2004 Page Eleven 14. CITY MANAGER MATTERS 04.021 195-204 A. Acknowled.qements and Compliments from Residents (HR Transmittal 1/7/04, Letters) The following employees were applauded for their exemplary service: Police Officer Patricia Eisner, Police Officer Theo Robinson, Code Enforcement Officer Warren Lindquist, City staff for its participation in the Art and Music Festival, Police Officers Paul Graves and Bill Jursik. 15. CITY CLERK MATTERS Reminded the public that the candidate qualifying period was open. 16. CITY COUNCIL MATTERS A. Mayor Barnes -Thanked all who sent cards and wishes and prayers. -Inquired why Planning and Zoning is not complying with Council's wishes on density and setbacks for PUDs. The City Attorney said there was no clear direction from City Council and Planning and Zoning thought it wanted a ten foot separation. Ed Seeley, Planning and Zoning, suggested that guidelines be put in writing. Mayor Barnes recommended that fifteen-foot clearance between houses should be added to Council's unwritten policy. B. Mr. Hill -Received calls regarding the parking lot at George Street Park. The City Manager said six spaces were installed which alleviated illegal parking that was occurring at the site. He said he did not believe buffering was necessary. Mr. Hill said the parking area was right across from a residence and it should be buffered. He asked that the City Manager look at this and get back to him. C. Mr. Coniqlio -Reported that Indian River County is allowing grove owners to put in stands and shops to keep some groveland from turning into residential. -Reported that the MPO has looked at turn lanes for intersections on CR512 since cars are cutting over closely to pedestrians however there is nothing that can be done at this time. Mr. Coniglio asked drivers to be patient with the pedestrians. 11 Regular City Council Meeting January 14, 2004 Page Twelve D. Mr. McCollum None. E. Mr. Barczyk -Asked about motorized scooters on the edge of road at night without reflectors. The Chief of Police said operators need to be licensed and if not licensed they must be driven only on private property. He also said bicycles have to have reflectors when ridden at night. -Suggested putting swings at other playgrounds. 17. Being no further business, the Mayor adjourned the Regular City Council meeting at 10:08 p.m. Approved at the January 28, 2004 meeting. Walter W. Barnes, Mayor ATTEST: Sally A. Mai/e, CMC, City Clerk 12 HOME OF PELICAN ISLAND MEMORANDUM TO: MAYOR BARNES AND CITY COUNCIL MEMBERS FROM: SALLY MAIO, CMC- CITY CLERK SUBJECT: JANUARY 14, 2004 AGENDA PACKET- 12/10/03 AND 12t17f04 MINUTES CORRECTIONS DATE: 1/1312004 CC: CITY MANAGER, CITY ATTORNEY, DEPUTY CITY CLERK PLEASE NOTE NEEDED CORRECTIONS TO MINUTES IN YOUR AGENDA PACKETS AS FOLLOWS: 12/10/03 - PAGE 8 (CIRCLE 34) - MAYOR BARNES SHOULD BE MARKED ABSENT IN THE ROLL CALL - PAGE 9 (CIRCLE 35) - MAYOR BARNES SHOULD BE MARKED ABSENT IN THE SECOND ROLL CALL 12/I7/03 - PAGE 12 (CIRCLE 50) - ROLL CALL SHOULD REFLECT MCCOLLUM VOTING NO AND BARCZYK VOTING YES I APOLOGIZE FOR ANY CONFUSION. SAM INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET January 14, 2004 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: