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HomeMy WebLinkAbout04282004HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 28, 2004 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. The Mayor called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was led by Councilman Coniglio. A moment of silence was held. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmember Mike Heptinstall Councilmember Lisanne Monier Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Finance Director, Shai Francis Golf Course Director, Greg Gardner Growth Management Director, Tracy Hass Human Resources Director, Jim Sexton Police Lieutenant, Michelle Morris Public Works Director, Terry Hill Stormwater Engineer, Ken Jones Regular City Council Meeting April 28, 2004 Page Two AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS) Ite'l~s not on the writ~n agenda may be ~dded only upon a gtnanimous vote of City Council members (R-03-14) NoPe. 6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS 04.023 A. Presentation to Employee of the 1st Quarter 2004 Human Resources Vaunette Davis was honored as Employee of the Quarter. 04.111 B. Civility Month Proclamation Mayor McCollum read the proclamation and presented it to the City Attorney. 04,112 C. Nurses Week 2004 Proclamation Mayor McCollum read the proclarr~tion and presented it to Inez Fielding and two other members of the Florida Nurses Association, who briefly addressed the public. 04.113 D. Elder Law Month Proclamation Mayor McCollum read the proclamation proclaiming May 2004 Elder Law Month. 04.114 1-2 Representatives from Indian River County Human Services Re.qardinq County Wide Needs Assessment (letter) Beverly O'Neal, representative of the needs assessment committee of Indian River County Children's Services, addressed City Council on the need for a county-wide cradle to grade social service needs, said April and May have been devoted to interviewing agencies throughout the county to find out if there is interest, and stated funding would hire a consultant to complete a study which would cost approximately $100,000. It was the consensus of City Council for Mm. O'Neal to meet with the City Manager. 04.099 Presentation by Representatives from the Aqency on Aqinq Request for Participation in Communities for a Lifetime Initiative (letter) Tami Batteiger, RN, MSN, Agency on Aging, presented a power point program on the Communities for a Lifetime Initiative, implemented to address the coming increase in retired baby boomers and the effort to build better communities. 2 Regular City Council Meeting April 28, 2004 Page Three It was suggested that this group meet with the former presenter from Indian River Human Services and the City Manager, and bdng a presentation before the County Commission. 04.115 Presentation by Architect John Dean Future Use of Space for Old Schoolhouse/City Hall Facility John Dean presented a proposed plan for renovation/restoration of the existing City Hall building. The City Manager said he would be bringing back a lease agreement for the Historical Society and further use recommendations. Mr. Dean responded to locations being contemplated for the group and the use of the existing City Clerk's office as a community room since it was originally a cafeteria and a warming room. The City Clerk requested that the large painting on the second floor commissioned by Meta Chesser for her father, Captain Hardee, which was to hang in the Community Center in the 70's be restored and utilized in this building. CONSENT AGENDA All items on the consent agenda am 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, 5-18 A. Approval of Regular Meeting Minutes - 4/14/04 Regular Meeting 04.054 19-68 Resolution No. R-04-16 - Authorizing City Manager to Apply for MPO Enhancement Program (City Manager Transmittal 4/20/04, R-04-16) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR PARTICIPATION IN THE METROPOLITAN PLANNING ORGANIZATION ENHANCEMENT PROGRAM, VIA PARTNERSHIP WITH INDIAN RIVER COUNTY AND THE FLORIDA DEPARTMENTOF TRANSPORTATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 04.116 69-86 Resolution No. R-04-17 Vacation of Easement - Lots 8 and 9, Block 70, Repiat of a Portion of Sebastian Highlands (GMD Transmittal 4/20/04, Site Map, Staff Report, Letter, Easement, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 8 AND 9, BLOCK 70, REPLAT OF A PORTION OF SEBASTIAN HIGHLANDS UNIT 2; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE 04.049 8~94 Approval of Appropriation of Recreation Impact Fees from Zone D ($1,557.35) and Zone C ($619.25) for Two Signs, Two Bike Racks and Two Picnic Tables (Recreation Transmittal 4/20/04, Quote) Regular Ci~CounCil Meeting Ap~128,2004 Page Four 04.117 95-98 04.118 99-102 04.119 103-112 04.090 11~122 E. Approve Keep Indian River Beautiful Fall Craft Festival Special Event at Riverview Park - October 9 & 10, 2004 - 10 am to 5 pm (Recreation Transmittal 4/20/04, KIRB Letter, Permit Application) F. Prior Approval for Travel - City Clerk Attendance at Flodda Association of City Clerks Annual Conference - St. Augustine - June 13-16, 2004 (City Clerk Transmittal 4/19/04, Conference Information) G. Disaster Recovery Equipment - Approve Appropriation of $16,230 from Discretionary Sales Tax Fund for Purchase of Rack Mounted Auto Loader, Dell Server and Dell Laptop from Dell Computers, Inc. (Finance/MIS Transmittal 4/16/04, Three Price Quotes) H. Authorize Expenditure for Audio/Visual/Phone Needs for New City Hall and Police Department in the Amount of $319,305 (General Services Transmittal 4/15/04, Proposals, Itemized List, Quotes) Mr. Barczyk removed item E. Mayor McCollum removed Item H. On MOTION by Mr. Coniglio and second by Mr. Barczyk, items A-D and F and G passed unanimously. Item E Mr. Barczyk noted an error in the event start up time on the application. On MOTION by Mr. Barczyk and second by Ms. Monier, item E was approved on a vote of 4-0 (Mr. Coniglio abstained due to the fact that he was an applicant for the park use). Item H It was noted that the items had been bid by Suffolk Construction. On MOTION by Mayor McCollum and second by Mr. Coniglio, item H was unanimously approved. 4 Regular City Council Meeting April 28, 2004 Page Five 8. COMMITTEE REPORTS/RECOMMENDATIONS 04.034 A. Plannin,q and Zonin.q Commission 123-168 (City Clerk Transmittal 4/19/04, Blessing Letter, Code Section, Eleven Applications, Member List, Ad) 1. Interview Applicants Unless Waived and Take Nominations for Vacant Reqular Member Position to Expire 5/1/2005 City Council interviewed Charles Dodd, Jim Morris, John Oakes TAPE I - SIDE II (8:03 p.m.) (Oakes continued), Larry Paul and Jean Vesia. No others were available. Mr. Coniglio nominated John Oakes; Mayor McCollum nominated Jean Vesia; and Mr. Barczyk nominated Charles Todd. Mr. Heptinstall nominated Larry Paul. 04.120 B. 169.18o Mr. Heptinstall Ms. Monier Mayor McCollum Mr. Barczyk Mr. Coniglio - Larry Paul - Larry Paul - Jean Vesia - Larry Paul - John Oakes Mr. Paul was appointed regular member. 2. Fill Vacant Alternate Position if Necessary Not applicable. Tree and Landscape Advisory Board (City Clerk Transmittal 4/19/04, Code Section, Two Applications, Member List, Ad) 1. Interview Applicants Unless Waived and Take Nominations for Vacant Alternate Member Position to Expire 11/1/2005 Michelle Merlin was interviewed, nominated and automatically appointed by virtue of no other nomination. Mayor McCollum called recess at 8:30 p.m. and reconvened the meeting at 8:40 p.m. All members were present. Regular City Council Meeting April 28, 2004 Page Six 11. 12. 04.121 181-186 04.122 187-190 PUBLIC HEARING - None INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered w~thin the previous six months which is not othenvise on the agenda - sign-up required - limit of ten minutes for each speaker Maryanne Krueger, played an excerpt from a tape of the April 15th Planning and Zoning Commission meeting relative to a man who made remarks about people who spoke out against development, and she took exception to him labeling those people ludicrous. Andrea Coy, 333 Pineapple Street, Sebastian, also commented about remarks made at the Planning and Zoning Commission meeting and commended Sal Neglia. She agreed with Mr. Heptinstall's decision to rehear the Ashbury Subdivision due to discrepancies and misrepresentations by the developer, questioned the placement of the plat on the April 15, 2004 Planning and Zoning agenda and representations by the developer as being agent of the owner last June. She asked Mr. Heptinstall to remove his motion to reconsider Ashbury Subdivision. OLD BUSINESS - None NEW BUSINESS Approve Sebastian Inlet Sail and Power Squadron Picnic with a Flare at Riverview Park - Saturday, May 29, 2004 - 10 am to 2 pm (Recreation Transmittal 4/20/04, Letter, Permit Application with Conditions Established by Staff) Nigel Hargreaves, now Power Squadron District Commander, representing the Sebastian Inlet Sail and Power Squadron presented the request, and asked the Mayor to proclaim the week of May 22-28, 2004 as National Safe Boating Week. He requested advertisement on the government channel and presentation of the proclamation on May 26th. City Council concurred. On a MOTION by Mr. Barczyk and second by Mr. Coniglio, City Council unanimously approved the Sebastian Inlet Sail and Power Squadron's Picnic with a Flare at Riverview Park on Saturday, May 29, 2004 from 10 am to 2 pm. First Reading on Ordinance No. 0-04-06 - Removing Requirement for City Sponsorship for Alcohol Beverages in Parks - Requires Permit from City Council - Set Public Hearing for May 12, 2004 (City Attorney Transmittal 4/21/04, Ordinance) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CiTY CODE SECTION 74-4; GENERAL REGULATIONS FOR RECREATIONAL FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting Apd128, 2004 Page Seven The City Attorney read Ordinance No. O-04-06 by title, and explained the minor revisions to remove City sponsorship for an event to utilize alcoholic beverages, and posting of notices in public places, striking "of a non-commercial nature". Discussion took place on new provisions for permitting alcoholic beverages, and the City Attorney advised that there is a separate resolution that needs to be amended that sets out permitting procedures. He noted that Council approved the Blue Water Event contingent upon removal of this language. Mr. Coniglio suggested looking at Vero Beach's code. On MOTION by Ms. Monier and second by Mr. Coniglio, City Council unanimously approved Ordinance No. 0-04-06 on first reading and set public hearing for May 12, 2004. 13. CITY ATTORNEY MATTERS The City Attorney advised City Council on a memo he submitted to them today regarding the five on-going development issues and the need to send them back to DCA in a timely manner (see his memo attached to these minutes). TAPE II - SIDE I (9:12 p.m.) He further advised that it would be appropriate, if Council was inclined to deny an annexation on first reading, it could do so at that time. He suggested first readings on four developments on May 12th, all final public headngs on Ashbury for May 26th, and a special meeting on June 2~ to complete the other four final public hearings. There was no objection to the schedule as presented. Mayor McCollum announced that the Ashbury Subdivision will be considered May 26th and called a special meeting for June 2"d at 6 p.m. with the concurrence of City Council. The City Attorney advised that he will be attending a conference in Washington and reminded Council it might want to reschedule its historic district regulation workshop. 14. CITY MANAGER MATTERS 04.021 191-198 Acknowledqment of Thank You Letters from Citizens (Miscellaneous Letters) The City Manager acknowledged letters commending the following staff: Skate Park Attendants Betsy Connelly, Jill Fisher, Casey Veldt, Bethany Spagnuolo and Marianne Ritenour; Police Officers Mills, Poore, Hovasse, Rysen and Revis; and Vaunette Davis. Regular City Council Meeting April 28, 2004 Page Eight 15. CITY CLERK MATTERS 04.123 199-208 A. Electronic Records (City Clerk Transmittal 4/19/04, Draft Policy, Article) The City Clerk discussed the proposed amended e-mail and internet use policy which tracks the revised state electronic mail policy. She stated that this policy is set out in the Records Management Policies and Procedures Manual, which was adopted by Resolution No. R-02-34 but provides for amendments to the manual by the City Clerk based on updated administrative practices and state law revisions. She further advised Council to become more familiar with electronic records law and forward all e-mails which relate to City issues. 04.124 2o9-210 B. New Minutes Format (City Clerk Transmittal 4/19/04) The City Clerk advised Council that motions will be set out by staff in transmittals under recommended action and if Council is so inclined to approve may do so by reference to that item rather than reading it verbatim. 16. CITY COUNCIL MATTERS 04.110 Ms. Monier i. Indian River County Utilities Rate Equalization Char.qe Ms. Monier questioned the increase in the rate equalization charge, where the money is going, whether the City is entitled to any of it, etc. The City Attorney cited the reference to the fee in the agreement for transfer of the utility to Indian River County, and stated if it is a franchise fee it should be coming to the City. He said this seems to be a statutory problem. He further explained franchise fees are to offset expenses and equalization fees should end at a point. He said this is an issue of fundamental fairness and that there is probably nothing legally the City can do with this 1995 agreement, and it may be better conducted as a Mayor to Chairman discussion. The City Attorney admitted to needing help with the utility provisions of the agreement and the City Manager suggested a presentation with utility employees at a future Council meeting. Other Matters At the Land Acquisition Committee meeting earlier today, Ms Monier noted a company was hired to make property recommendations for the bond referendum that almost did not include the Kroegel property until she voiced objection because of grant requirements. Regular Ci~Council Meeting ApHI28,2004 Page Nine B. Mr. Barczyk Recommended that City Council and staff use City boards for their input; said some of the skateboard park jumps could use maintenance and/or reconfigured; and asked if there is some way to shade areas of the skateboard park. The City Manager said this is being addressed in the next budget. He invited everyone to contact the Public Works Director to tour the passive Stormwater Park. Mr. Barczyk said on Monday at 4:30 p.m. the Parks and Recreation Advisory Committee will be going on site tour for the snowshoe house. C. Mayor McCollum It was the consensus of Council to request a second member on the Toudst Development Council. Mayor McCollum cited an e-mail from the Economic Opportunities Council requesting a member on the newly formed committee and it was the consensus of Council to direct the City Manager to have the Council make a presentation at a future meeting. He had asked the City Manager to keep action items off the "Presentations" heading of the agenda and would rather see them under "New Business" if action is needed. He asked the City Manager if lightening procedures are ready to be implemented and the City Manager said a presentation will be brought back in June He asked Council if the Council is inclined to move forward with County impact fees that maybe a special meeting should be scheduled. Discussion followed on questions that need to be answered relative to the fees. Mayor McCollum discussed the Treasure Coast Builders Association lawsuit and said discussions with members of that organization will have to be addressed carefully. Mr. Heptinstall In response to Mr. Heptinstall, the City Manager said in June there will be an Economic Development update by Patterson Bach. E. Mr. Coniqlio None. 17. Being no further business, the Mayor adjourned the Regular City Council Meeting at 10:10 p.m. Regular City Council Meeting. A TTEST~ ~ ~,~ __ Sally~. ~M~C, City (~lerk 9 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET April 28, 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: i~/~ New Su~e~ Name: New Subject: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: OFFICE OF THE CITY A FORNEY To: Mayor and Council From: Rich Stringer, City Attorney '~ Date: April 28, 2004 Re: Schedule of hearings; Land Use/Aunex/Rezoning We have a bit of a timing situation involving the Land Use Amendments that were recently reviewed by the Depamnent of Community Affairs, including Ashbury Subdivision, a part of this Comprehensive Plan Amendment submittal, and four other parcels. The City is required to take action on the proposed land use amendments within 60 days of receipt of DCA's comments. This would put our deadline at June 7t~, more or less. Admittedly, this is a statuto~ deadline that has no known penalty for being missed. Also, the City is required to submit its fmal action on a Comp Plan Amendment to DCA within ten days of heating. From a practical standpoint, this means we need to have public heatings on all five land use changes within ten days of each other, since they are considered to be a single "submittal" by DCA. The other four properties have not had first hearings on their zoning and annexation ordinances, so we will need to "catch up" these items with Ashbury. After first readings, if they are passed on to public hearing, we will need time to notice and advertise the heatings. Another consideration is that trying to hear all five of these matters on a regular agenda would be a daunting task. Having discussed this situation with the City Clerk and City Manager, as well as Tracy and Dorri from Growth Management, we propose the following plan of action in scheduling these matters: May 12th First readings on annexation and rezoning ordinances for Cross Cre~k, Sebastian Crossings, River Oaks and the Spencer Project. May 26th Hold all final hearings on Ashbury Subdivision (annexation, 2n~ land use and rezoning) June 2nd Hold special meeting for final hearings on the four remaining projects (annexation, 2nd land use and rezoning) June 7th Transmit submittal to DCA. Moving the Ashbury hearing will have the added benefit of removing the potential for a 2-2 split vote, which is never ideal, since Vice-Mayor Barczyk will be absent from the meeting of May 12th. I was likewise set to miss that meeting to attend a conference with our insurer concerning methods to keep our rates low, but I could drive from Captiva and back if necessary. Cc: city Clerk City Manager Growth Management FORM 8B MEMORANDUM OF-VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST :--FIRST NAME--MID NAME COUNTY NAiVlE ~)~, CO__ION, AUTHORITY, OR COMMITTEE THE BOARD, ' NCIL, COMMISSION, AUTHORITY, WHICH I SE~I~ A UNIT OF: OR COMMI~EE ON TY ' '~ ' COUNTY ; ' ~HER ~CAL AGENCY WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3t43, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OI~FICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether ma'de by the officer or at his direction. / IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: · You should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within l $ days after the vote occurs with the person responsible for recording the minutes of the meeting, Who should incorPOrate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST (a) A measure came or will come before my agency which (check one) //' inured to my special private gain; or..~ inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed ///'~ / /.P' / NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. PAGE 2 CE FORM 8B - 10-86