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HomeMy WebLinkAbout11172004HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 17, 2004 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor McCollum called the Regular Meeting to order at 7:00 p.m, The Pledge of Allegiance was led by Councilmember Monier, There was a moment of silence. ROLLCALL City Council Present: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Ray Coniglio Councilmemher Mike Hep(install Councilmember Lisanne Monier Staff Present: City Manager, Terrence Moore City Attomey, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Stormwater Engineer, Ken Jones Public Works Director, Terry Hill Human Resources Director, Jim Sexton Police Lieutenant, Greg Witt Golf Course Director, Greg Gardner MIS Assistant, Barbara Brooke Regular City Council Meeting November 17, 2004 Page Two 04.219 04.002 04.002 04.002 04.220 04.220 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-04-26) Mayor McCollum requested addition of a report by Planning and Zoning Commission Chairman Richard Smith under Committee reports. The City Clerk requested addition of Resolution No. R-04~52 - non-binding referendum results as item M of the consent agenda (backup was provided prior to this meeting - see attached). On MOTION by Mr. Coniglio, and SECOND by Mr. Barczyk the two requested items were added to the agenda by a voice vote of 5-0. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATION,~ A. National Hospice Month Proclamation by Visiting Nurses Association Mayor McCollum presented the proclamation to Sharon Boone, President of the Local Chapter, who gave a bdef presentation on the activities of VNA. Certificate of Appreciation to James Schmitz for Construction Board Servic~ Certificate of Appreciation to Louis Nicolini for Construction Board Service Certificate of Appreciation to Elwin Davis for Construction Board Service. Mayor McCollum presented the certificates to James Schmitz and Elwin Davis. Mr. Nicolini was not present. Presentation by Chief Building Official Wayne Eseltine - Progress of Building Repair Fee Waiver Proqram The Building Official provided an update on the fee waiver program in effect until November 24, 2004 and discussion took place on the ability of a property owner to apply for a permit and later contract for repair. Presentation by Chief Buildin,q Official Wayne Eseltine - Clarification and Recommendations ReRarding Construction Wind Load Requirements in the City of Sebastian The City Manager distributed documentation and maps relative to windloads as provided by the Building Official. The Building Official reported on the City's established wind load requirements, giving a bdef history of the process used to establish and certify wind load for specific regions in 2002. 2 Regu~rCityCoundt Meeting November17,2004 Page Three He stated that local agencies were given the opportunity to adopt an ordinance to establish an appropriate windspeed for construction, however, the City of Sebastian did not do so at that time. It was the consensus of City Council to direct the City Attorney to come back with the appropriate ordinance to adopt 140 mph construction windload for the City of Sebastian with an effective date 60 days after adoption. CONSENT AGENDA A# items on the oonsent agenda am consk~rad rou~ne and w~l be enacted by one moEon. There wSI be no separate discussion of consent agenda items udiess a ~ of Cily Counc# so mques~s; in which even~ the item wSI be mmoved and ac~d upon A. Approval of Regular Meeting Minutes - 10/27/04 04.035 Resolution No. R-04-47 Adopting an Amended Fiscal Year 2003-2004 Budget (Finance Transmittal 11/5/04, R--04-47, Exhibit A, Memo, Reports, Schedules, Accomplishments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004 AS PROVIDED FOR IN EXHIBIT 'A'; PROVIDING FOR CONFLICTS; AND PROViDINGING FOR AN EFFECTIVE DATE. Resolution No. R-04-48 Authorizing City Manager to Execute DCA Disaster Relief Funding Agreement for Hurricane Frances and Approve Use of General Fund Emergency Reserve to Finance the 5% Match for Expenses Incurred as a result of Hurricane Frances (City Manager Transmittal 11/1/04, RA~I-48, DCA Transmittal, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DISASTER RELIEF FUNDING AGREEMENT FOR HURRICANE FRANCES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVI~NG FOR AN EFFECTIVE DATE. 04.203 Resolution No. R-04-49 Authorizing the City Manager to Execute DCA Disaster Relief Funding Agreement for Hurricane Jeanne and Approve Use of General Fund Emergency Reserve to Finance the 5% Match for Expenses Incurred as a Result of Hurricane Jeanne (City Manager Transmittal 11/1/04, R-04-49, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE crrY MANAGER TO EXECUTE THE STAE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DISASTER REUEF FUNDING AGREEMENT FOR HURRICANE JEANNE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFL~;T HEREWITH; PROVIDING FOR SEVERABILrrY; AND PROVIDING FOR AN EFFECTIVE DATE. 3 Regular City Council Meeting November 17, 2004 Page Four 04.203 E. Resolution No. R-04-50 Authorizing the City Council to Petition the Governor of Flodda for 100% Reimbursement of Disaster Related Expenses for Both Hurricanes, Frances and Jeanne (City Manager Transmittal 11/19/04, R-04-50) A RESOLUTION OF THE CITY OF SEBASTIAN REQUESTING ONE HUNDRED PERCENT (100%) FEDERAL DISASTER RELIEF FOR HURRICANES FRANCES AND JEANNE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 04.221 F. Resolution No. R-04-51 Authorizing City Manager to Apply for Funding from Restore Amedca Grant Program from the National Trust for Historic Preservation and Home and Garden Television (City Manager Transmittal 1 1119104, R-04-51, Info) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR FUNDING FROM THE RESTORE AMERtCAN GRANT PROGRAM FROM THE NATIONAL TRUST FOR HISTORIC PRESERVATION AND HOME AND GARDEN TELEVISION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 04.222 G. Waive Competitive Bidding Process and Authorize the Purchase of 21 - 15 Foot, our Row Aluminum Bleachers from Southern Park and Play Systems of Melboume, Flodda with Pricing From St. Johns County, Florida Term Bid~K)3-43 in the Amount of $18,492.00 (Public Works Transmittal 11/9/04, Quote) 04.200 H. Authorize the Emergency Purchase of Carpeting for Sebastian Municipal Golf Course Clubhouse Hallway and Restaurant from Discount Carpet & Tile, Inc. in the Amount of $10,336.70 and Authorize Temporary Loan from City of Sebastian Emergency Fund (Golf Course Transmittal 11/8/04, Quotes) 04.223 I. Authorize the Appropriation of $10,175 from City of Sebastian Cemete~ Trust Fund Permanent Endowment Fund for Costs Associated with Repair and Reset Work of Monuments and Vases at City of Sebastian Cemetery due to Hurricane Jeanne and Frances Damage (Finance Transmittal 11/3/04) Authorize Expenditures for Emerge~',,cy Repair Services by Suffolk ~ Co., Not to Exceed $130,346 and ApproVe $130,346 from City's Emergency Reserve Fund to Cover These Expenses Until Reimbursement is received from City's Insurance Ca~der or FEMA/State (GSA Transmittal 1115/04, Damage Log) 04.224 K. Approve the Collective Bargaining Agreement Between the City of Sebastian and the Central Florida Police Benevolent A~, Inc. Effective October 1, 2004 through September 30, 2007 (HR Transmittal 11/9/04, Contract) 04.225 L. Authorize the Purchase of One Chevrolet Silverado One Ton Crew Cab Pickup with Four Doors at a Cost of $27,730.00 Piggybacked on the Florida Sheriffs Association Through Classic Chevrolet of Winter Park (Stormwater Transmittal 11/5/04, Quote) 4 Regular City Council Meeting November 17, 2004 Page Five New M. ADDED TO AGENDA Resolution No. R-04-52 - Non-Binding Referendum on Annexation - Official Results A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE NOVEMBER 2, 2004 SPECIAL ELECTION FOR A NON-BINDING REFERENDUM; PROVIDING FOR DECLARATION OF OFFtCU~.L RESULTS OF THE iNDIAN RIVER COUNTY CANVASSING BOARD; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. On MOTION by Mr. Coniglio, and SECOND by Ms. Monier, consent agenda items A-M were approved on a roll call vote of 5-0. COMMITTEE REPORTS/RECOMMENDATIONS A. Report by Planninq and Zoning Chairman Richard Smith Chairman Smith reported on the activities of Planning and Zoning, commended the commission members, staff and all involved in the process of reviewing land development applications; and expressed concem for the current backlog of applications. PUBLIC HEARING - None INTRODUCTION OF NEW BUSINESS FROM THE PUBUC ~tem that ha$ ~ccuned ~r was disc~vemd wi~hin b~e prevmus s~x m~n~3s which is n~t ~thet~i`~a ~n the agenda - sign-up required- limit of five minutes for each speaker Andrea Coy, expressed disappointment regarding lack of response to her complaint to Code Enforcement and Building Department for work being performed in her neighborhood by someone who turned out to be unlicensed, noting that although stopped the man wes not cited. Addna Davis discussed the pending police raises and said he would like to see the off'mers receive a 10% raise. It was noted the item was aimady approved under consent. Walter Barnes said there was no reference to annexations being commercial or residential in the referendum question and suggested that all annexations be reviewed on their own medt; and discussed a contractor who found it took a very long time for out of t~wn contractors to obtain a license in the City. Damien Gilliams, Sebastian, asked why the City of Sebastian did not require builder's risk insurance for the new City Hall policy. Mayor McColllum said he had researched the item thoroughly this week and found that the $130,000 the City h~d to corce up with to cover damages under the risk policy ~ was very responsible. He said the total cost to the City would be just over $6,600 after FEMA reimbumement. 5 Regular City Council Meeting November 17, 2004 Page Six Mr. Gilliams recommended naming the new park for veterans. Sal Neglia briefly inquired about items on the new city hall repair list. 11. OLD BUSINESS 04.226 ^. Consideration of Namin.q New Municipal Park (City Mana.qer Transmittal 11/2/04, Listl Mayor McCollum recommended that the park name commemorate the hurricanes that brought out the spirit and cooperation of the community. Mr. Coniglio suggested Friendship Park would best describe it and Mr. Heptinstall agreed. Ms. Monier suggested Sebastian City Place because of the feel of this area being the heart of the City where people will gather. On a roll call vote of 3-2, "Friendship Park" was chosen as the name of the new municipal complex park. 12. NEW BUSINESS 04.227 A. City Clerk Performance Evaluation (HR Transmittal 11/9/04) Each member of Council presented their evaluation of the City Clerk. On MOTION by Mr. Coniglio and SECOND by Mr. Heptinstall, a five percent increase was approved for the City Clerk on a roll call vote of 5-0. Tape I, Side II, 8:01 pm t3. CITY ATTORNEY MA'I-rERS The City Attorney reported on the fact that the City is the only qualifying testing facility for contractor licensing in the area and is taking a financial loss; said he will work on an ordinance to remove the City as a testing facility; stated he would get back to work on the historic preservation language in January, and concurred with Council's comments on the City Clerk. 14. CITY MANAGER MATTERS The City Manager stated an extension to June 2005 on the renovation of the old elementary school had been received and requested approval to execute the extension agreement. It was the consensus of Council to send the grant amendment to Tallahassee. He reported that the Yacht Club ramp open is now to the public t5. CITY CLERK MATTERS None. Regular C~ty Council Meet~eg November 17, 2004 Page Seven 04.217 t6. CiTY COUNCIL MATTERS Mr. Coni,qlio i. Possibilities and Potential for Public-Private Partnerships in Indian River Lagoon Moodn,q Vicinity Mr. Coniglio distributed documentation regarding a mooring facility in K'~ery Maine, and recommended the possibility of a public/private partnership for a City facility. Damien Gilliams said anything considered should be put out to bid, and that submerged land is owned by the State and leased by the City. It was suggested that a presentation be offered in January relative to various methods of establishing a mooring field. Other Matters Mr. Coniglio reported on the County Visioning meeting November 5, 2004 at the Richardson Center and distributed maps entitled "Indian River County 2030 Long Range Transportation Plan". Mr. Coniglio suggested a partnership with the Clambake Festival Inc. and the City to look into bringing the Gloria Estefan concert to the area. The City Attorney said if the Clambake Board is interested he would be willing to do the legwork on it. Mayor McCollum said Vero Beach had a conference call on this issue today, that he was not sure of its outcome and would not want to be in competition wffh Vero Beach. He said if Veto decides not to do it, it might be something k) look into. Mr. Coniglio asked about properties that seem to have extended into the lagoon as a result of the storm, the ~ Manager said he would look into it. B. Ms. Monier None. Mr. Barczyk i. Trian,qle Moratorium or Ordinance to Comply with Community Redevelopment Distdct Mr. Barczyk requested a consensus of Council to include the new portion of the Community Redevelopment District in the Riverfront Overlay District ordinance. The City Attorney said there was prior discussion of a Triangle Overlay District, and at that 7 Regular City Council Meeting November 17, 2004 Page Eight time he had requested input from each Council member as to what it would like to see in the district as to permitted and conditional uses. He said a moratorium can be imposed while the language is being worked on and that it would have to be done by ordinance. Mr. Barczyk requested a moratorium until the end of March. Bruce Moia, Mosby and Associates, said there are other methods to stop certain types of development without imposing moratoriums. Damien Gilliams cautioned that private property owner rights be considered. The City Attorney said the approval of an oveday district will include Planning and Zoning hearings and then on to City Council for an approximate two month process. Ms. Monier said Council has made it clear that it has a vision and said each member of Council needs to get with the City Attorney to let him know what they seek in the oveday district, and the City Attorney said there are ways to deal with it without a moratorium while he is working on the language. 04.163 Mayor McCollum i. Direction Re,qardin,q Future Residential Annexation Proposals and Requests to the City of Sebastian Mayor McCollum said the referendum proved a point that the majority of people do not want annexation. He said there are people saying that he has a conflict of interest due to his employment with the county and he will deal with that at a later time. He said this measure was not intended to stop growth. Louise Kautenberg said she was concerned about development for which we have no control, and based on the very close vote, she saw it as a mandate to review each project on its merits or defects. Sal Neglia said a lot of people thought they were voting against annexation when they voted yes. Earl Masteller, 869 Robin Lane, Sebastian, disagreed with government by referendum, noting that Council should judge each issue on its merits. Damien Gilliams said it is important to take each issue on a case-by-case basis. Clive Beckwith said this is an excellent time to for Council to let the people know they were heard. Warren Dill suggested Council keep an open mind on annexation, be extremely selective, and said he believed that there are proper-ties that should be annexed which 8 Regular City Council Meeting November 17, 2004 Page Nine provide a positive benefit to the City. He said he represented a property owner who started the annexation process prior to the hurricanes, would like to complete the project, and recommended the City look for positive cash flow; logical boundaries of the project; and be proud of what they annexed. Richard Smith stated the Planning and Zoning Commission carefully reviews requests however Council makes the final decision. Andrea Coy stated Council has an obligation to listen to the citizens. Bruce Moia asked Council to keep an open mind on upcoming projects. Lisa Hess said Council should look at the merits of each annexation. Tape II, Side 1, 9:03 pm Mayor McCollum said that most of tonight's speakers have a vested interest, that people aro still moving to Sebastian and not for its gated communities, and that City taxpayers pay for the first five years of a new development and aro not reimbursed. He then began a motion to direct staff not to accept residential annexation applications, however, the City Attorney advised that FS 171.044 provides a property owner the right to petition the governing body for annexation, the governing body then verifies the petition bears the signature of the owners of the property, then proceed with an ordinance. He confirmed that property owners have the dght to ask and after property ownership is identified, Council can then take legislative action and direct staff. Ms. Monier said annexation is a very complicated issue and that she will make her decisions on the issues and the benefit or lack of for the public, and it is a groat disservice not to address any issue that is brought before Council. Mr. Barczyk asked if Council is going to allow the applications pending to continue because they would have been to Council if not for unforeseen circumstances. A motion was made by Mayor McCollum to allow staff to take residential annexation applications, determine property ownership and send them on to Council but it did not receive a second and died. Other Matters Mayor McCollum announced the dedication ceremony for the new city hall on December 8, 2004 and invited everyone to come out. E. Mr. Heptinstall None. 17. Mayor McCollum adjourned the Regular Meeting at 9:17 p.m. 9 Regular City Council Meeting November 17. 2004 Page Ten ApprovedattheDeC. 8, 200/'Regular City Council meeting. Nathar{ B. I~IcC~llum, Mayor ATTEST: Sally A. M ' ~ CMC, City Clerk Sally A.~o, 10 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET November 17, 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 5 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: ///---~?~./~ x~'~' ~/z ~/~ /~~ Name: New Subject: New Subject: RESOLUTION NO. R~)4-52 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE NOVEMBER 2, 2004 SPECIAL ELECTION FOR A NON-BINDING REFERENDUM; PROVIDING FOR DECLARATION OF OFFICIAL RESULTS OF THE INDIAN RIVER COUNTY CANVASSING BOARD; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council, pursuant to Section 4.04 of the City Charter, adopted Resolution No. R-04-40 on September 8, 2004, calling for a special election for a non-binding referendum; and WHEREAS, the City Clerk of the City of Sebastian, pursuant to Section 100.021 of the Florida Statutes, published notice of the special election twice in the Vero Beach Press Journal, a newspaper of general circulation. WHEREAS, the City Clerk posted the special notice of the special election on the official announcement board located at City Hail; and WHEREAS, by virtue of the Presidential Election on November 2, 2004, canvassing was conducted by the Indian River County Canvassing Board in accordance with State law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. DECLARATION. The City Council of the City of Sebastian, Indian River County, Florida, hereby accepts the official retums provided by the Canvassing Board for Indian River County for the City of Sebastian special election, held on November 2, 2004, in conjunction with the Presidential Election, as attached hereto as Exhibit "A". SECTION 2. RECORDING. The City Clerk is hereby directed to enter the results of the special election in the official minutes of the City Council meeting during which this Resolution is adopted. SECTION 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its passage. The foregoing Resolution was moved for adoption by Councilmember Coniglio The motion was seconded by Councilmember Monier and, upon being put to a vote, the vote was as follows: Mayor Nathan McCollum a¥~ Vice Mayor Joe Barczyk aye Councilmember Ray Coniglio aye Councilmember Lisanne Monier aye Councilmember Mike Heptinstall aye The Mayor thereupon declared this Resolution duly passed and adopted this 17th day of November, 2004. CITY OF SEBASTIAN, FLORIDA Nath'~n McCollum,-Mayor Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich S{dnger -"~ity A~t~rney ' A, T: Sally A. ~l'aio, MMC - City Clerk (SEAL.-)/ CERTIFICATE OF COUNTY CANVASSING BOARD STATE OF FLORIDA Indian River County We, the undersigned, Joe Wild, County Judge, Kay Clem, Supervisor of Elections, and Fran Adams, Member of the Board of County Commissioners, constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the 12th day of November, A.D., 2004, and proceeded publicly to canvass the votes given for the Non- Binding Referendum herein specified at the General Election held on the 2nd day of November, A.D., 2004 as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: CITY OF SEBASTIAN NON-BINDING REFERENDUM If land next to the City is designated for development, should the City annex it? 'ms q, No q: 60-C Joe W~ty Ju~dge votes votes Kay Cle~n, Supervisor of Elections Fran Adams, Board of County Commissioners