Loading...
HomeMy WebLinkAbout03302005 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 30,2005 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McCollum called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was led by Vice Mayor Burkeen. 3. There was a moment of silence. 4. ROLL CALL Citv Council Present: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Lisanne Monier Council Member Sal Neglia Staff Present: Interim City Manager, Jim Davis City Attorney, Rich Stringer City Cierk, Sally Maio Deputy City Clerk, Jeanette Williams Finance Director, Shai Francis Growth Management Director, Tracy Hass Human Resources Director, Jim Sexton Public Works Director, Terry Hill Systems Analyst, Barbara Brooke Regular City Council Meeting March 30, 2005 Page Two 5. 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 explained addition of items which require a unanimous vote and then requested addition of a Boys and Girls Club Proclamation to Proclamations, Announcements and Presentations as item 6.A 1; and Authorization for Mayor to Execute a Mutual Aid Agreement Between Indian River County Sheriff's Office and City of Sebastian to Consent Agenda as item 7H (see agreement attached to minutes) On MOTION by Mr. Neglia, and SECOND by Ms. Monier, both items were added to the agenda on a voice vote of 5-0. 6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS New A.1. Boys and Girls Ciub Proclamation Mayor McCollum read and presented the Proclamation commemorating April 3-9, 2005 as Boys and Girls Club Week to representatives of the Boys and Girls Club. Ronnie Hewitt, President, accepted the Proclamation, presented the Mayor with a certificate of appreciation, and introduced Nick Costanza, Youth of the Year for Sebastian and Indian River County, who addressed the audience. The Mayor said Nick had not hesitated to assist his neighbors after the hurricanes. 05.079 1 A. April 9th. 2005 Arbor Day Proclamation Mayor McCollum read and presented the Arbor Day Proclamation to Marsha Fusco, of the Tree and Landscape Advisory Board. Marsha Fusco advised on the Arbor Day celebration on April 9th in Friendship Park. 05.076 B. Certificate of Appreciation to Charles Cardinale for Tree & Landscape Advisorv Board Service Mr. Cardinale was not in attendance. 05.080 C. Certificate of Appreciation to Rich Bethune for Community Redeveiopment Advisorv Committee Service Rich Bethune was not in attendance. 05.080 D. Certificate of Appreciation to Wayne LeBeouf for Community Redevelopment Advisorv Committee Service Mr. LeBeouf was not in attendance. 2 Regular City Council Meeting March 30, 2005 Page Three 05.056 E. City of Sebastian Audit Presentation bv Representatives from Hovman. Dobson & Co" P.A. Deborah Bradley, Hoyman Dobson presented the Comprehensive Annual Financial Report for Fiscal Year 2003-2004; and the single audit on the Municipal Complex. She presented a power point program (see attached). In regard to the single audit, she stated that the only finding was that the expenditure of the interest on the bond was not approved by Council and they recommended approval be obtained. Damien Gilliams, Layport Drive, asked about the $900,000 that was set aside in the original budget for the new engineering building and later moved into the municipal project. He said that record for a vote on the expenditure of the $900,000 could not be found in the City records and he recommended that the "air be cleared" with this new Council. He also said the City needs to look into the Airport and Golf Course and make sure that the money is being spent properly. In response to Mr. Burkeen, Ms. Bradley said grant money is coming in, and the Finance Director explained that the funding for the municipal project was amended twice and approved both times by City Council. She said the figures Mr. Gilliams referenced were estimates set out in an analysis by her predecessor, that everything was appropriated properly and approved by Council. In response to Ms. Coy, the Finance Director said an analysis was conducted for the complex prior to her arriving, and that funding was later absorbed into the City Hall complex. In response to Mr. Neglia, the City Attorney said the first batch of numbers was compiled to see what needed to be bonded. At that time, the estimate for this building was around $7.5 million, with $900,000 for the PW/ENG building, $750,000 for old schoolhouse restoration and additional items. The architect began and it was discovered that the building would be too small. The building was going to stop at where the Building Department's security doors are now, and within a year or two would be too small. The architect expanded the building and construction prices came back at $9.5 for the building and some park items. By the time Council approved the manager-at-risk contract, the $900,000 had been moved to the City Hall budget, as well as, all but a quarter million of the old schoolhouse budget. This was the first vote by Council because the first projections of $7.5 were not part of a formal action but merely a calculation on how much was needed to borrow. It was subsequently determined this was not enough, and an additional $2.1 was needed which increased to $11.5 million. 3 Regular City Council Meeting March 30, 2005 Page Four 3-11 13-15 05.081 17-19 He said Mr. Gilliams is correct that the project is about $4.6 over the $7.5 million budget. If all is added together it comes to $11.5 million. The City Attorney did confirm each step came to Council vote to approve the contracts. The City Attorney explained the first jump was increasing the size of the building. The second jump included the need for $2.5 million in impact fees. When presented to Council the City Manager presented the architect's construction budget which did not include the architect's fee which was $900,000. The other main component of the second jump was furnishing the building which was overlooked in the initial estimates. Mr. Neglia asked how the size of the building could have been underestimated. The City Attorney said the Building Department area was increased based on need, and the open air corridors in the original design were closed in. Mrs. Coy asked if it was shown publicly that the building had to be increased in size, and the City Attorney said the architect did show the redesign in the plans at a meeting but did not know if it was discussed. Ms. Monier said the project changed as it developed as would any project, and the bottom line was that all of the money was spent appropriately, it is a beautiful project, that no one took any money, and this issue needs to be put to rest. Mayor McCollum said it was not fair for the auditors to be questioned about the complex construction. Mayor McCollum asked if the auditors found any illegal practices and Ms. Bradley said they did not. Mayor McCollum asked if the auditors found any inappropriate financial practices and Ms. Bradley said they did not. Mr. Burkeen requested clarification that the $900,000 in question was spent on the municipal project and the Finance Director said it was. 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. A. Approval of Minutes - Regular Meeting 3/9/05 B. Approval of Minutes - Special Meeting 3/14/05 C. Prior Authorization for City Council Registration and Travel to Institute for Elected Officials - Lake Mary, Florida - June 3-5, 2005 (City Clerk Transmittal 3/15/05, Info) 4 Regular City Council Meeting March 30, 2005 Page Five 05.082 21-22 05.083 23-24 05.034 F. 25-34 05.084 G. 35-37 new H. D. Authorize the Purchase of Two Exacom Instant Recall Recorders and Associated Equipment from Communications International, Inc. for $6,263.50 Based on State Contract #725-001-01-1 for the Police Department (PD Transmittal 2/23/05, Quote) E. Approve the Expenditure of $19,745.00 for Eleven Automatic External Defibrillators for the Police Department from Medtronic Emergency Response Systems Based on State Contract #4653116PA (PD Transmittal 3/11/05, Quote) Authorize the Execution of Amendment 1 to the Boys & Girls Club Lease with the City of Sebastian (City Attorney Transmittal 3/23/05, Amendment) Authorize Staff to Enter Contract for Banking Services with Wachovia Bank for Three-Year Term with Two Optional One-Year Extensions (Finance Transmittal 3/23/05, Exhibits) Authorize Mayor to Execute a Mutual Aid Agreement Between Indian River County Sheriff's Office and City of Sebastian (added to agenda under Agenda Mod ifications) Mr. Neglia removed item F. Mr. Burkeen removed item B. On MOTION by Ms. Monier, and SECOND by Ms. Coy, consent agenda items A-D and G -H were approved on a roll call vote of 5-0. Item E - Eleven Automatic External Defibrillators Mr. Burkeen commended the Police Department for its purchase and use of the defibrillators, which made significant life changes. He asked if there is CPR training for all City employees and Chief Davis said not all City employees are trained, and that the old units would go on the City's boat, in City hall, and in the Community Center and some employees in those areas will receive training. Mr. Burkeen recommended all employees be trained and Mayor McCollum suggested one defibrillator for Golf Course. On MOTION by Mr. Burkeen, and SECOND by Ms. Coy, item E was approved on a roll call vote of 5-0. Item F - Amendment 1 to the Bovs & Girls Club Lease Mr. Neglia asked about the difference in the lease dates from the original and the amendment, and the City Attorney stated the club did not plan to have the revenue as quickly as they do, in addition, the City did not want construction to start yet and the City moved the location on the club. 5 Regular City Council Meeting March 30, 2005 Page Six 05.085 39-41 05.080 43-52 05.086 53-55 Mr. Neglia asked if the club subleased would that void the agreement. The City Attorney stated the club cannot sublet without the City's consent. Mr. Neglia also asked about alterations by "licensed contractor" and the City Attorney stated the request and approval must be in writing to protect the City. On MOTION by Mr. Neglia, and SECOND by Ms. Coy, item F was approved with amendments stated on a roll call vote of 5-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS A. Citizens Budaet Advisory Review Committee (City Clerk Transmittal 3/15/05, List) B. Community Redevelopment Advisory Committee (City Clerk Transmittal 3/15/05, 0-04-05, Working Copy List, As-Is List) C. Temporary Environmental Research Committee (City Clerk Transmittal 3/15/05, R-05-11) The City Clerk reiterated that each newly elected official will need to appoint one member for the length of his or her term to each of these committees, and that all appointments will be made on April 131h at which time work sheets will be provided to fill in all appointments. She advised that if anyone has already selected someone that they should come in to fill out an application for the record. She noted that ex-officio member Patty Jamar had called today to say she would like to be considered for a regular member position rather than ex-officio. 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 five minutes each speaker Side II, Tape I, 8:02 pm Michael Mcinerney, made a presentation about the poor condition of the Yacht Club damaged by the hurricanes, and poor maintenance of the restrooms. He read from a priority list of items that should be addressed. Damien Gilliams, 732 Layport Drive, Sebastian, said his argument about the $900,000 had proven to be true, congratulated Mrs. Coy, and hoped Council will question everything. He advised Council to remember the Five C's - commitment, compromise, care, consideration, communication when making its decisions. 6 Regular City Council Meeting March 30, 2005 Page Seven Mayor McCollum called recess at 8:10 p.m. and reconvened the meeting at 8:20 p.m. All members were present. Mayor McCollum recognized Billlngui, Chairman of Parks & Recreation, who gave a brief report on park facilities and children with disabilities (see memo dated 3/16/05). This item will be placed on the April 13, 2005 agenda for direction from Council. He congratulated Council members on their election and advised that the Parks Committee are here to assist the Council. Ms. Coy asked if there was anything the Parks Committee can do to assist on the issue of maintenance of existing facilities. As a citizen, Mr. Ingui said there are not enough people on staff to take care of all the facilities and the committee is not allowed to make recommendations concerning staff. 11. OLD BUSINESS 05.018 57-59 A. First Readinq Ordinance No. 0-05-12 - Sale of Alcohol within Proximitv of Schools and Churches (Citv Attornev Transmittal 3/23/05, 0-05-12) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 10-1 CONCERNING SALE OF ALCOHOL WITHIN PROXIMITY OF SCHOOLS AND CHURCHES; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. The City Attorney read Ordinance No. 0-05-12 by title only and advised that there is no recommendation from staff on this. Willard Seibert, Indian River Drive, objected to the ordinance and suggested the ordinance be left as is. He said his reasons were based on moral and religious grounds, that there is no demonstrated need for a change, and this would set a terrible precedent for Council. Trish Orth, Island Style Hairstyle, adjacent to the subject property, said change is happening, Sebastian needs an active downtown area, noted that churches occupy a lot of the downtown area, said she was personally disappointed to see the community divided, and a glass of wine or beer doesn't constitute immorality. Louise Kautenberg, Sebastian, said this ordinance has been changed from time to time, it can be considered arbitrary and asked if it was defensible in the court system. The City Attorney said it would be defensible, and that the existing ordinance would probably be upheld. Russ Owen, asked why Vic's Pizza was allowed to sell beer and wine, and the Clerk stated that the ordinance was changed in 1975 to allow beer and wine, and then changed back to prohibit all alcohol in 1983. He said he read the petition that was presented at a meeting objecting to this ordinance which had many names with no addresses. 7 Regular City Council Meeting March 30, 2005 Page Eight Reverend Creel said Vie's was never questioned because it was built when the law allowed it. He said the law stated "450 from building to building". He congratulated the new Council. Yvonne Collins, Michael Street, said she walked Sebastian streets to obtain signatures on the petition and they are not fake. Oscar Loudermilk, said he helped build the church, and urged Council to keep the code as it is. Janet Seeley, Sebastian, said she was troubled that some of the speakers believe that those who don't agree don't have God in their hearts, and that this is not a faith issue. She said if the morality issue applies, it applies if it is grandfathered or not. She cited the 23 years Vie's has been serving beverages to responsible people without problem. Ron Thomas, 367 Main Street, Sebastian, stated his position on the proposed amendment, cited the five churches which would be affected, noting that Sebastian Baptist would be the only church affected by this ordinance. He said if it ain't broke don't fix it and urged Council to stand by the code as written. Ms. Coy said she has to look at who an ordinance will affect and this ordinance will affect schools and churches, so she asked them how they feel. She said the day they come to her and ask her to change the ordinance she will do it. Mr. Neglia said there will not be any impact on this district if there is no steakhouse. Ms. Monier said she is upset by the animosity, did not bring this up to hurt anyone, that Council has to look at businesses in very small commercial districts, and that the state had abolished this law eons ago. Mayor McCollum said during the campaign candidates said property rights were very important, and said he feels that this is not a religious issue, but is a property rights issue. Side I, Tape Ii, 9:12 pm Mr. Burkeen said he would not change an ordinance such as this, on his watch, to benefit one property owner. The City Attorney asked Council to consider if they do not want this ordinance to at ieast consider the change in C regarding the interpretation of the Federal Religious Land Use Practices Act and strike the effective date, because storefront churches can have an impact on the City. Discussion followed on the size of the church property. He was asked to include the title of the federal act in the preambles. 8 Regular City Council Meeting March 30, 2005 Page Nine On MOTION by Ms. Coy, and SECOND by Mr. Burkeen, Ordinance No. 0-05-12 was passed on first reading with noted changes - deleting sections E and F, lowering acreage in section C to Yo acre, a direct reference the federal act and set pUblic hearing for April 27th on a roll call vote of 4-1. (Monier - nay) 05.042 61 Association for Retarded Citizens and Historical Society Leases in Old City Hall/Schoolhouse Buildinq (CilY Attornev Transmittal 3/24/05) The City Attorney advised that staff investigated the old City Hall building and recommend based on its unsafe and unhealthy condition, that the lessees not move into the building until the renovations are completed. B. On MOTION by Mr. Burkeen, and SECOND by Ms. Coy the leases for the Historical Society and ARC will be amended to allow occupancy after the renovations are completed on a roll call vote of 5-0. 12. NEW BUSINESS - none 13. CITY ATTORNEY MATTERS The City Attorney reported on discussions by the Construction Board relative to enforcement of unlicensed contractors, advised they will be arrested by the Police Department, and homeowners who have done work themselves without permit will be charged a double permit fee. He reported that enforcement action will begin with blue roofs covering unsafe structures. Reported on Collier Waterway seawall workshop, noting that people hate the idea of seawalls coming out, and that this Council will eventually have to decide how to pay for the work. 14. CITY MANAGER MATTERS The Human Resources (HR) Director said he had distributed a spreadsheet with Council rankings and said Council needs to decide how they want to proceed with the selection process. On MOTION by Ms. Monier, and SECOND by Mr. Neglia, this item was added to the agenda to give direction to staff on how to proceed with the City Manager selection on a voice vote of 5-0. The Human Resources Director suggested a questionnaire be sent out to a set number of the top ranked via e-mail on Friday and a request for it be returned on Monday to narrow it down to those interested. Ms. Monier suggested a question about the airport. 9 Regular City Council Meeting March 30, 2005 Page Ten It was the consensus of Council to send the questionnaire to the top seven with #4 rankings and an additional five that each of the members pick. Mayor McCollum asked if a very brief background check can be conducted on these applicants. He also requested that the HR Director call each applicant to let them know the questionnaire is coming. He further recommended a ranking of this group be established. A Special Meeting was scheduled for April 6 at 6 p.m. to review questionnaire responses and rank the remaining applicants. The HR Director handed out the proposed questions and Council reviewed them. It was suggested to add "such as airports" to question 4. Ms. Coy suggested adding "stormwater management" as well. It was the consensus of Council to send all questions with the additions. City Council members will give HR the additional applicant name on Thursday morning and responses will be sent to City Council on Monday. Other Manaaer Reports o April 30th auction at Vero Beach Airport for all City surplus property. o Comcast Cable planned maintenance - 6 to 6:30 am tomorrow. o City has been offered another old house south of Ferndale Lodge. Mayor said Council can go look at it and bring it back if there is any interest. o Arbor Day celebration at Friendship Park on April 9 at 10 a.m. o Park repairs and improvements back from John Dean will be presented April 13th. 15. CITY CLERK MATTERS 05.087 A. Direction Re: Housina Reservations for Florida Leaaue of Cities Annual Conference Auaust 18-20. 2005 at Orlando World Center Marriott Resort The City Clerk asked City Council to let her know as soon as they know that they will attend the Florida League of Cities Conference in August so that her office can make reservations in the host hotel. She asked the Attorney if this can be considered prior approval for travel. On MOTION by Mr. Neglia, and SECOND by Ms. Coy, prior approval for attendance at the Florida League of Cities conference in August was approved for any Council members who wish to attend on a roll call vote of 5-0. 10 Regular City Council Meeting March 30, 2005 Page Eleven 16. CITY COUNCIL MATTERS A. Mr. Burkeen Mr. Burkeen commended City staff for cleanup after the hurricanes. He asked if there was any way to have the beached Emerald Lady vessel removed. The City Attorney responded that the owner will probable have to pressured by the City for removal. B. Mavor McCollum 05.088 63-66 i. City Council Member Liaison Appointments to Various Reaional Boards & Committees (Mayor's Recommendation, Blank List) See list of new appointees attached to minutes. 05.089 67 ii. Council Attendance at Indian River Countv Commission Meetina (Schedule of Meetinas) April - Vice Mayor Burkeen May - Council Member Coy June - Council Member Monier July - Council Member Neglia August - Mayor McCollum September - Vice Mayor Burkeen October - Council Member Coy November - Council Member Monier December - Council Member Neglia January - Mayor McCollum February - Vice Mayor Burkeen Requested consensus for Chief Davis to look into full service 911 Center and bring back numbers for the next fiscal year. There was no objection from Councii. C. Mr. Nealia Mr. Neglia expressed concern for the clay courts and hoped no one would be allowed to play until the park was complete. He said it will be quite an expense for the City. Said there are no automatic doors in the complex and the handicapped parking for City Hall and Police Department is not good. Asked why there are no "no smoking" signs in parks. 11 Regular City Council Meeting March 3D, 2005 Page Twelve Reported that there was a hot dog vendor selling food during the Easter Egg hunt and his vehicle eFaGked-the sidewalk. was parked on Reported that vehicles were driving into Riverview Park. Reported that the fence adjacent to the clock is broken. Reported that the red color on the auto store on US 1 is horrible. The City Attorney said this is being taken care of. D. Ms. COY None. E. Ms. Monier None. 17. Being no further business, Mayor McCollum adjourned the Regular Meeting at 10:29 p.m. Approved at the 4/13/05 Regular City Council Meeting. *as amended. .Yh~ 12 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET March 30, 2005 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 NOTOTflCRVVltx: ON THEPfIfrFAIfEAA~- LIMIT OF 5 MINUTES PER SPEAKER " ciiJiJM.:="':-..... '-:;-;~ ;; ~ -.;, .. ;= .~s ......, ~ ~....---------~ - --- -~ ~- ---~~ 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. ~.:""" Hit!11J~ ~ Ck..b --------------"'-=------- ::---------------iT-;:--------------------- Name: ~ve-.- C-'\..-\. lJLl ~ ryA0/ ~ Tr\-: r-ll New Subject: Name: New Subject: -----.,...........--_.-------------------------.------------------------ Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New SUbject: Name: New Subject: ---------------------------------------------------- Name: New Subject: Name: New Subject: ----..----------------------------------- Name: New Subject: Name: New Subject: 2 Q) () e C'\l m 0 m 0 a:l C'\l "0 ..( e ~ ::J LL. ~ ~ Z "'C Z <( Q) < -< .... ~ f-< - m :E z l- e ~ en 0) 0 0 (/) C") U u <( ~ u Q) 0 -< CC "'C 0 Z e C'\l u 0 ...... W ::> ....l C/) III en - ~ "'C !:Q Il.. Q) 0 a Ll.. ~ 0 "" 0 Q) , ...... Z ~ (/) ...... < f-< >- Q) ~ L- :E "" l- e >" u ::> 0 - () I "<t == 0 "'C 0 e C'\l ::J LL. ~ Q) e 0 0 0 0 0 Q) 0 0 0 0 0 (.9 0 q 0 0 a. 0 0 0 0 0 0 0 0 0 0 a. LO. 0 LO a. "<t C") C") C'\l C'\l z <( - I- en <( ca LlJ en LL o >- I- - () (/) Q) .... :::::l +-' "'C C Q) 0- X W "'C C ctl (/) Q) :::::l C Q) > Q) 0:: 0> C +-' ~ Q) 0- o "'C C :::::l LL ~ Q) C Q) (j lJl ~ lJl :::J Q) :!::: :::J "C C c 92 ~ Q) x 0::: w t , t I , ! i , - , , !J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 0 CO CO "'" N ..- ..- .( ~ ><~ ~ Z z -< <r:: j:l.,. Z ~ ::J N 0 0 0 U u 0 ~ U N <r:: Z u 0 ~ ..J (I) P=l roC! ::J 0 0... Ci C":l Ci ~ ~ ~ 0 Z ~ ~ 0 -< !:2 N ~ ~ >< U 0 :I: "'" 0 0 N ~ . ;:;; III ~ =>!!loe '" ~ ~~~ 3J .e--~ , "- I.L. ON <ll ~ ~ .!!l -" " ~ ~ .t -" 5 0 II . '" 0 ~ 19 ~ ,f I- ~ ~# ~ <ll 0 :Cf"o E 0 3 ~ 0 Q)oe c ~ < N B~ u. .<1 f J5 ::> ~ Z a. II II ~ tfJ <( CJ) E-< '" Z '" - Q) E < < I- '" ~ ::J .. \!i a. l:l.. E-< (f) C ]j ~~:::!: ~ '" ~ Z . EO Q) c c "~ ~ ill ;:J . 00- 0 <( > E;# 0"- '" 0 ::; 1l. c Q) ~~ e <ll U U ON " CO 0:: 2' a. ::J ~ U .. II [!iJ < .5 LU "'C Z U (f) C 0 ...... ,.J ::J t/} 1'0 LL LL ~ ;:J 0 0... 0 CO . Ci Ci . "" ..... S Q) ~ . ...... ~ ~;#. Z ~ c ,,~ <D ...... 1l. . u.. < E-< Q) . <D ~ 0 S ~ (9 0\: '" "" .~<f. :c U - 0 ~ () 3N e <D .2 ~ 0; 0 " u.. 0 :I: ~ 0 III '" ~ ]j '" l- e ('I") ~ <D E 0 ~~ ~ <D 0 .2 t; N :c ~ ci: - .. III III . .l! .l!l ~<f. .~ :e'" ~ 0 ~ c rn ]j ot o/l c . '" ~ 'E ~ <D Qi*' & <D '" ,- a. e 0'" ol:S<f. e <D 2' 0 ~ .- [l. ::::; .- . III !ill c . .g ~ c " " E e Q) ~ III E #. .,. c E '" <= <!i~'" w <3 <ii " .;;; >- '" a. D .~ ~ ~ 0 >- 81 0 .. 5 .i " .. N .~ (Jl ~ < .aSi#. " "'55..... ';; E () . ~ "3 ~ '" a. () . . ....... Z 55 ~ (/) E Z Z <( CD E a <: <t; ..... ~ iii ~ E-< - :::::l '" S. ~ z I- :!:: c ~ ::> 0 !! 0 0 "C ~ <= 8 CJ) l!!.. " . ~ C 8.'" - . '" U <( Q) w'" ~ E . D U c -- &:: <ft. ~ c.. ~ !!.EO> <t; OJ ~ ., >< 0. c Z u w W W 0 - ....J (fj 1'0 CJ) "C i:Q ::> c 0 p, U. :::::l 0 0 LL >I:I 0 - :i p., ~ - <: E-< >- " ~ Q) " " ~ >I:I e Q) E C <= u I- Q) E ~ e .... Q) c EM .~ . ~ '" <= 0 - (9 '" 0 w () '" 1i :I: .;;; >- ~ a. D .~ m (") ~ >- " 0 .i ~ " .. 0 ~ ~ N = ::I "' '" ~ ~ a. () . . " " E E <= ~ .2 m <= '" E 0 ~ 0- ~ l!!", " 0 <= <= O' " ~ ~.. '" w~ c . " ~ "00) "00) e e e e ro ._ ro ._ 0) 15 r.n 0).... rJl e .... Ql e ~ Ql :;:; Q) :J .- Ql rJl roc.e .... c. e .... 0 9/ ~ 0 Ql Ql e Qlec. C.OQl C.ox < OZO:: ozw (/) t + ~ +-' >< Q) ~ z (/) z z (/) <( <( < <t: ~ E-< - +-' ~ z I- Q) ~ en z 0 0 u u <( C -.:t ~ U 0 <t: ca (/) 0 z u Q) N 0 - W C> ....J rJ) ~ en c l:Q ~ co 0 0... U. ..c Cl Cl 0 ~ 0 ~ - C') Z ~ Q) - 0 < E-< >- (/) 0 p,:; ~ N ~ ~ ::J U l- e ,. - 0 0 () ~ = e <.9 N 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 L{) 0 L{) N ...... ...... '" " Q) 0 ~"" .E :J "CO> "CO> ]~~ " " " " ell"" ell"" Q)C,S Q) O>~Q) CJ)~cn EO", E ~ IJJ::I :S Q) ~ o () " 0 ,,- ~ " ~ c. " ell C. " E~f- E Q) g 9! ~ 0 Q) ~:5~ _ c."C - c.OQ) Q) ell " Q) OZO:: ozw Z()ell Z t ~ + < ~ ,..:- ~ Z z z <( "'C ..( <r: ~ f-< - C ~ z I- ::J ::J U. 0 8 en t '<t U <( 0 ~ U 0 0 <r: N ((l c.. Z u S- o ...... W <( ....:I (J'J 1'0 en Q) ~ ::J 0 p... U. E Ci (:) 0 ~ 0 Z ...... u p;.. ('") ...... C 0 ..( ~ 0 >- N ~ ~ - I- Q) >< Z 0 - () ::t: N 0 0 N 0000000000000 0000000000000 0000000000000 0000000000000 LOOLOOll)OIOOLOOLt)Ol.t) N~q~U1"!.qr---~L(tN~qr---. Lt) N C")C")NNNN~T"'"T"'"T""" lOa 00 0_ a~ 00 "'0 ~e ~ ~ HOME OF PELICAN ISLAND MEMORANDUM To: Mayor McCollum and City Council Members From: Sally Maio, MMC - City Clerk ~ Subject: Requested Addition to 3130105 Council Agenda - 2005 Mutual Aid Agreement Between Indian River County SO and City Date: 3125/2005 cc: Jim Davis, Interim City Manager; Rich Stringer, City Attorney; Jeanette Williams, Deputy City Cieri< I am requesting the addition of the following item to the March 30. 2005 agenda under the heading Consent Aaenda: Authorize Mayor to Execute the 2005 Mutual Aid Agreement Between the Indian River County Sheriff's Office and City of Sebastian. This information was inadvertently omitted from the agenda. sam Parks & Recreation Advisory Committee City of Sebastian, Florida DATE: TO: RE: -0 :3 March 16, 2005 Sebastian City Council Parks Committee Recommendations (page 3) II'\) = ;n "Park Facilities and Children with Disabilities" Backaround: Having received approval to learn more about park facilities from interested citizens and professionals in the field of children with disabilities, at the meeting of the City Council on December 8, 2004, the Parks Committee has completed the following in order to prepare the recommendations made to City Council this evening: . January 3-24 - Letter of invitation to parents and professionals requesting their attendance at our meetings to provide input. . January 24. 2005 - Regular Parks Meeting - 5 pm, at which time park facilities and pre- workshop public input was made to the Parks & Recreation Committee . January 29. 2005 - Parks & Recreation Workshop - 9 am to 11 am, with an agenda: "Children with Disabilities." Public input was received from a professional in the field and a parent. . March 14. 2005 - Regular Parks Meeting - 5 pm, at which time the Committee completed the report to the City Council being presented at this time . March 30. 2005 - Council Meeting - 7 pm - Presentation of this report, reviewed by the Parks Committee on March 14'h - Answer questions posed by the City Council. . ADril 25. 2005 - Regular Parks Meeting - 5 pm, at which time the Committee will address any "new" directives made by the City Council after the presentation and Q&A has been completed on March 30, 2005 before the City Council. Workshop Summary I Basis for Recommendations January 29. 2005 Information Learned About Children With Disabilities Input from Professional: Dr. Jackie Stan lev Dr. Stanley has her doctoral degree in Recreation and Leisure Administration from Temple University. She is a former City Recreation Department Administrator and was the Director of the Office on Community Recreation for Individuals with Disabilities for thirteen years, in the New Jersey Department of Community Affairs. She was the recipient of four grants from the U.S. Department of Education (Special Education Division) to develop "A Systematic Approach to Developing and Implementing Integrated Community Recreation Services for the Disabled." She was appointed to six Governor's Task Forces serving the disabled and served on seven state advisory boards and commissions that dealt with disabled issues. Dr. Stanley is the author of thirteen publications that relate to training, public awareness, interpretation of the law and accessibility to serve this special group. Before retiring to Florida in 1992, she had served on the National Accessibility Commission and drafted the first "Barrier Free Regulations for Parks, Playgrounds and Indoor Recreation Facilities" in the State of New Jersey. '" =, <=> "" ':~) :::3 =.... = ...... m --I , ~< i'l (_") ~.'J G ~ P1 ." _ C) (f) rTl ~ rn- =trn< -< J> r.l ej) t::l' ('1) _..., r- -- r" ;.; -,.. ,..-' Dr. Stanley participated in our workshop of January 29, 2005. The followino is a summarv of what she tried to convev to the committee: o Build parks for all children. She explained that children, like adults, work and play together in our society and although some with disabilities perform at a different pace, they learn to integrate in whatever they do. o Equipment for all parks should be spread throughout a park, not located in a focal point to be used for a specific group of children. An "integrated" park, with equipment that serves to offer an education moment for children to learn tolerate each other, as well as perhaps help each other, was a primary theme of what Dr. Stanley tried to convey. She referred to the "integrated" concept as a "boundless playground" environment for children and adults. o She suggested that when making requests for government funding, we should emphasize ALL children benefiting in this integrated setting. o A park near a school or on school grounds is good, so her remarks also made reference to the fact that a cooperative relationship should exist between the City of Sebastian and the Indian River Board of Education to pursue park facilities that address the needs of all children. o Decisions need to be guided by civil rights legislation and the 1990 Americans with Disabilities Act, with any addendum changes that have been made since. She framed this thought in reference to the fact that government agencies are responsible to all of the residents and this includes children with many different abilities or disabilities. Inout from Parent. Mr. Charles Stadelman: Mr. Stadelman has a daughter, Abigail, now six years old, who has cerebral palsy, and a son, Andrew, now three years old, who is autistic. He and his wife Lisa, also have two other children, Charles, who is nine years old, and William, who is four years old. His children attend programs at Pelican Island Elementary School and he related to us that there are approximately nine other parents who have children with similar issues. His daughter cannot walk or speak, but skillfully uses a wheelchair. His son Andrew is autistic which is a term describing a developmental disturbance characterized by an abnormal or impaired development in social communication and interaction skills and a significantly restricted range of activities and interests. Autistic children exhibit communication disorders, short attention spans, and the inability to treat others as people. Mr. Charles Stadelman is a Sebastian resident who spoke before the Parks and Recreation Committee Workshop on January 29, 2005. The followina is a summarv of what he tried to convev to the committee: o He expressed his support for the City to include play equipment for children with disabilities in the parks. o He suggested that a rubberized surface instead of sand would improve accessibility for these children and for some elderly who use canes, walkers, and have difficulty walking on sand. o His experience with Pelican Island Elementary School has helped him know a little more than the average person about what makes a good park environment for these children. He believes that the sand made it almost impossible for Abby to play with other kids since she uses a walker. He felt that that the playground needed pieces of equipment designed for special needs children, but integrated with the rest. Because of his intervention, the playground at Pelican Island will be getting a rubberized surface, making it accessible for Abbey and other children. 2 Parks & Recreation Committee Recommendations: 1. Equipment: . All parks in the city should have at least one piece of playground equipment that can be considered appropriate for developmentally impaired children and accessible to all children. . Swings especially should have wheelchair access and/or molded seats that are larger than those on normally built swings. 2. Access to equipment - Surfaces: . Accessibility should involve the use of a surface easily traversed with a walker or wheelchair, such as the use of rubberized surfaces in all parks. This surface material replaces sand or mulch with a poured rubber mixture. . All future playground plans should include hard safety surfaces and make adjustments to existing parks wherever feasible. These surfaces should meet ADA Americans with Disabilities Act requirements. . Please note that the former City Manager and the Finance Director have instructed the Public Works Department to include funds in the 2005-06 Budget to accommodate park facilities for special needs individuals. 3. Integrated equipment: . "All parks should be socially inviting, developmentally beneficial, fully integrated and barrier-free." (1) 4. Access to equipment - Ramps and Other Features: . The parks should include equipment with ramps or berms that eliminate the need to climb a stair or ladder. . The ramps need to be wide enough to permit wheelchair access. 5. Cooperative Planning with IR Board of Education: . The City Council should seek a cooperative planning relationship with the Indian River Board of Education to pursue park facilities that address the needs of all children. This would mean that while City parks are addressing children's needs, so too should all schools that fall within the boundaries of the City of Sebastian, if not providing the impetus for the Board of Education to do the same throughout the county. We could literally double the parks useful for children with disabilities and their grandparents (many who volunteer on school grounds) who join them during the afternoon or on weekends. 6. Old Parks / Planned Parks: . Some parkS that were previously not considered for use as a place where integrated play equipment would be placed have been reconsidered under our new guideline recommendations. While the Committee thought only new parks might be better suited for adaptation to meet the recommendations already stated, it became clear that older parks are already used by parents and children with disabilities, such as the greatly praised Barber Street complex, where some adaptation and adjustments are necessary to bring it to a level that would meet the requirements of the Americans with Disabilities A BiIIlngui, Chai rson and Zone A Representative, for Committee Members: Elizabeth Gray one B Representative Jessica Keaton - Regular at-Large Member Jeanne Jessup - Zone C Representative Michele Merlin - Alternate Member Jay,ne Barczyk - Zone D Representative City Liaison I Parks Superintendent - Chris McCarthy (1) City Pushes for Special Needs Park," Florida Todav, quoted from Eve Owens. Palm Bay grant coordinator in developing a special needs park 3