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HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, APRIL 27, 2005 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. The Mayor called the regular meeting to order at 7:00 p.m.
2. Council Member Monier led the Pledge of Allegiance.
3. A moment of silence was held.
4. ROLL CALL
City 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 Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
MIS Technician, Barbara Brooke
Airport Director, Jason Milewski
Finance Director, Shai Francis
Golf Course Director, Greg Gardner
Growth Management Director, Tracy Hass
Growth Management Manager, Jan King
Public Works Director, Terry Hill
Parks Superintendent, Chris McCarthy
Police Lieutenant, Michelle Morris
Regular City Council Meeting
April 27, 2005
Page Two
05.049
05.049
05,013
05.096
1
05.096
3
05,097
5. AGENDA MODIFICATIONS (ADDITIONS ANDIOR DELETIONS)
Items not on the written agenda may be added only upon a unanimous vote of City
Council members (R-04-26)
None.
6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS
A.
Presentation of Plaque to Former Council Member Joe Barczyk
B.
Presentation of Plaque to Former Council Member Ray Coniqlio
Mayor McCollum presented plaques to former Council members Joe Barczyk
and Ray Coniglio for their years of service to the City of Sebastian. Each
member addressed City Council and thanked Council and staff.
C.
Certificate of Appreciation to Ed Seeley for Planninq & Zoninq
Commission Service
Mayor McCollum presented Mr. Seeley with a certificate of appreciation.
D.
Nurse Week 2005 Proclamation, May 6-12,2005
Mayor McCollum presented Inez Fielding, Phyllis Burke and Susan Lee with the
Nurses' Week proclamation.
E.
National Visitinq Nurse Association Week Proclamation, May 8-14,2005
Mayor McCollum presented Linda Votapka with the VNA proclamation.
F.
Indian River County School District Rezoninq - Requested by Vice Mayor
Burkeen (no backup)
Mr. Burkeen stated he placed this item on the agenda after attending a meeting
relative to a proposal to move 200 Sebastian students to Gifford Middle School.
He said he contacted the School Superintendent, who scheduled a meeting for
him with Sue Curtis and Fran Adams, He said as far as he was concerned this
is a City issue as long as the concerned people are residents of Sebastian. He
said the School Board has not yet voted on this issue, noted that Dr. Adams
asked him if there are any alternatives to offer, and expressed concern that most
School Board members have not responded to his e-mails.
2
Regular City Council Meeting
April 27, 2005
Page Three
The following Sebastian residents expressed their concern for proposed
redistricting:
Maureen Crump; Eileen Pollacek; Beth Loomis;
Ann Reuter, IRC School Board Member, spoke and invited people to contact her.
Damien Gilliams said people should not be addressing the audience.
Tape I, Side II, 8:00 pm
Public input continued with:
Christopher Nunn; Terry Weber; Diana and Alex DiGiacomo; Michelle
Williamson; Richard Henf, Jerry Oldsmeyer, Constance Kenney, Taffy Abt,
Jennifer Leary, Francis Socci, Elaine Nunn, Jim Zell,
Tom Ballonia, Sue Adams, Robin Reiff, Lisanne Burns, Robert Pliska; Santa
Magaden, Lisa Hess, and Beth Lieberman.
Mr. Burkeen said he hopes these people bring these concerns to the School
Board. He said this needs to be taken to Tallahassee for changes on a state
level and as a parent he is here for these members of the community.
Mr. Burkeen asked for a strong letter of support or resolution.
In response to Ms. Coy, the City Attorney said once a resolution of support is
adopted by Council there would be no violation of sunshine law if two Council
members discussed this issue since it is not a city issue.
Mr. Burkeen said he had heard only from Ann Reuter after e-mailing all of the
School Board members.
Mayor McCollum said he was against a resolution because it would be delayed
until May 11 th and instead recommended a strong letter of support. He said the
Indian River County School District is completely independent, but does have a
public input time on their agenda, noting their next meeting is May 10th
On MOTION by Mr. Burkeen and SECOND by Mr. Neglia, Council approved
drafting a letter of support from the Mayor to send to each School Board member
and then draft a resolution of support for the May 11 th agenda on a roll call vote
of 5-0.
Mayor McCollum called recess at 8:38 p.m. and reconvened the meeting at 8:47
p.m. and all members were present.
7.
CONSENT AGENDA
5-17 A.
Approval of Minutes - 4/13/05 Regular Meeting
3
Regular City Council Meeting
April 27, 2005
Page Four
05.038
19-67
B.
Resolution No. R-05-14 Adopting an Amended Fiscal Year 2004/2005
Budget (Finance Transmittal 4/18/05, R-05-01, Memo, Reports, Schedules,
Statement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2004 AND ENDING SEPTEMBER 30,2005 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
05.098
69-72
C.
Resolution No. R-05-15 Supporting Review of Sales Tax Exemptions (City Clerk
Transmittal 4/20/05, R-05-15)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
SUPPORTING AMENDMENTS TO THE FLORIDA CONSTITUTION REQUIRING THE PERIODIC
REVIEW AND APPROVAL OF ALL SALES TAX EXEMPTIONS AND EXCLUSIONS IN THE
STATE OF FLORIDA; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
05.101
73-74
D.
Authorize Contract Award to Collins & Associates of Texas, Inc. to Replace
Damaged Roofs and Other Related Work at Various City Facilities in the
Amount of $50,493.00 and Authorize Staff to Execute Same (Public Works
Transmittal 4/19/05, Bid Tab)
Mr. Neglia removed item C, and McCollum item B.
On MOTION by Monier, and SECOND by Mr. Burkeen, items A and D were approved on a
roll call vote of 5-0.
Item B
Mayor McCollum questioned if the City could afford to give up a road officer to the MACE
Unit. The Chief said all road vacancies are filled and the illegal drug problem needs to be
addressed in Sebastian and he is recommending assigning one officer to the MACE Unit,
a program that lasts one or two years. He said the City will slip on their list of priorities if
they don't participate; that the unit is supported by a grant, and the County is in a position
to lose funding if it does not receive multi-agency participation.
Mr. Burkeen has seen MACE unit benefits and supported the MACE unit appointment.
Mayor McCollum said he cannot support this budget amendment if we need further road
patrols in the next fiscal budget. Chief Davis said if we pullout of MACE we can put one
officer on the drug problem in Sebastian.
Mr. Burkeen explained how the MACE unit works and said it is imperative that Sebastian
participate.
4
Regular City Council Meeting
April 27. 2005
Page Five
Chief Davis said there is no change in the budget but it is simply a reassignment
On MOTION by Mayor McCollum and SECOND by Ms. Monier, Resolution No.
R-05-14 was adopted on a roll call vote of 4-1 (McCollum - nay)
ItemC
Mr. Neglia questioned if the resolution exempts services that will be taxed at a later date.
The City Attorney stated that he could not comment without reviewing the text for the
amendments.
On MOTION by Mr. Neglia, and SECOND by Mr. Burkeen, Resolution No. R-05-15 was
tabled for clarification on a voice vote of 5-0.
8. COMMITTEE REPORTS/RECOMMENDATIONS
05.085
A.
Citizen BudQet Review Advisory Board
i. Mayor McCollum to Name John Oakes as His Appointee (no backup)
On MOTION by Mayor McCollum and SECOND by Ms. Monier, confirmation of Mayor
McCollum's appointee John Oakes was approved on a voice vote 5-0.
05.070
75-84
B.
Code Enforcement Board
i. Interview, Unless Waived and Appoint Alternate Member Position
(City Clerk Transmittal 4/13/05, Code, Applications, List, Ad)
Mr. Neglia nominated Mr. Tetro, who was automatically appointed by virtue of no other
nominations.
05.080
C.
Community Redevelopment Advisorv Committee
i. Council Member Monier to Name Ed Seeley as Her Appointee (no
backup)
ii. Sebastian River Area Chamber of Commerce Appointed Ray Coniglio as
Representative (no backup)
On MOTION by Mr. Neglia, and SECOND by Ms. Coy, Ms. Monier's appointee Ed
Seeley and the Chambers' designee Ray Coniglio were confirmed on a voice vote 5-0.
5
Regular City Council Meeting
April 27, 2005
Page Six
9, PUBLIC HEARING
05.018
85-87
A.
Second Readinq Ordinance No. 0-05-12 - Sale of Alcohol within
Proximity of Schools and Churches (City Attorney Transmittal 4/15/05,
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.
(Press Journal 4/13/05)
The City Attorney read the title, explained the amendment and the Mayor opened the
public hearing at 9:10 p.m.
Kenny Lee, agreed with the language.
Tape fI, Side I, 9:10 pm
Ron Thomas, Main Street, said this ordinance accomplishes the concerns of the
churches as well as the commercial development of the CRA and the rest of Sebastian.
Mayor McCollum closed the public hearing at 9:15 p.rn.
Ms. Monier said when she moved to Sebastian the US 1 area was in a shambles, and it
is now improved thanks to people who did this without the help of the City. She noted
that the CRA had unanimously approved the original ordinance language. She said Mr.
Thornas told her son if this had not been done for one man he would have fully
supported the ordinance the way it was originally presented,
Mayor McCollum said Council does not always agree with its cornmittees.
On MOTION by Mr, Neglia, and SECOND by Ms. Coy, Ordinance No. 0-05-12 was
adopted on a roll call vote of 4-1 (Monier - nay).
05.099
89-101
B.
First Readinq & First of Two Public Hearinqs - Ordinance No. 0-05-13-
Creatinq Sebastian Boulevard Trianqle Overlay District Requlations - Schedule
Second Public Hearinq Mav 26, 2005 (GMD Transmittal
4/19/05,0-05-13, Map. Minutes)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT
CODE ARTICLE XXI TO CREATE DiVISION C. SEBASTIAN BOULEVARD TRIANGLE o VERLA Y
DISTRICT REGULA TlONS; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE
DATE.
The City Attorney read the title and the Mayor opened the public hearing at 9:25 p.m.
The City Attorney explained the reasons for implementation of the overlay district which
began with the 512 charrette process. He said we cannot create a new zoning category
at this time because it cannot be adopted until the comprehensive plan is amended at a
later date; and that this has gone through CRA and Planning and Zoning review.
6
Regular City Council Meeting
April 27, 2005
Page Seven
The Growth Management Director cited the vision of establishing a downtown area in
the triangle, cited the three zoning districts in the triangle, and explained the proposed
overlay provisions for a viable community atmosphere. He also advised that CRAC and
Planning and Zoning had reviewed and approved this language.
The City Attorney said the existing permitted and conditional uses had been presented
to Planning & Zoning Commission and they had recommended these changes that are
before Council. He then advised what had been changed from current uses.
Jim Weber, expressed his concern for being too restrictive in the triangle, noting that he
is a mechanical service business and would like to see that type of business continue
He said this should not be primarily residential and office and questioned why the City
allowed the industrial to continue on the south side of CR 512.
Attorney Jonathan Ferguson, representing a property owner within the triangle,
addressed City Council and submitted a sheet denoting the proposed permitted and
deleted uses (see attached). He said the use of the land should not be restricted
because the City has already set out provisions to control the aesthetics of the district.
He asked Council to consider a mixed-use district when it is able to amend its
comprehensive plan. He asked that the commercial general changes be deleted from
this ordinance and leave them as is and rely on the performance standards currently in
place.
Chance Rearden, asked if anyone contacted property owners about these changes and
said there is limited area left for gas stations and vehicle services.
Damien Gilliams reminded this Council that it made promises about property rights.
Mayor McCollum closed the public hearing at 9:54 p.m.
The City Attorney said the City could impose a moratorium until it can amend its
comprehensive plan. He explained the amendment cycle begins when the Department
approves an amendment and the comprehensive plan update would count for one
amendment which the City will do in the coming year. He said the City cannot create a
new category without amending the comp plan. This happened on the riverfront so the
protective overlay was created for the riverfront.
The Growth Management Director reported that a proposal to establish a car wash on
the tip of the triangle was followed by a publiC outcry which precipitated the inclusion of
this area into the CRA.
Mayor McCollum asked about the logic of not allowing a drive-thru. The City Attorney
said drive-thrus were removed from the Riverfront Overlay District several years ago.
7
Regular City Council Meeting
April 27, 2005
Page Eight
Discussion took place on accomplishing regulation through architectural requirements
rather than prohibiting uses and property rights. Several members of Council said
architectural limitations should be looked at and property owners invited to participate in
the process.
Tape II, Side 11,10:12 pm
Ms. Monier said the triangle was put into the CRA district to make it a more upscale area
and it has been discussed for years.
The Growth Management Director said he takes offense that they have not opened this
up to the public, and said what is being presented to Council is what Council, the
Community Redevelopment Agency and Planning and Zoning have recommended for a
very long time.
Mr. Burkeen asked that the Growth Management Director not be offended but said he
wants even new owners to have input into the process.
Mr. Neglia asked the property owners if they had a buyer for the property. Attorney
Susan Seigal representing the property owners briefly addressed Council but said she
could not disclose that information.
Ms. Coy said no one has argued over the PS or IN zoning and suggested that those
portions of the ordinance be approved and the CG taken out.
The City Attorney said Council could scratch the CG portion and approve the other
areas.
On MOTION by Mr. Neglia, and SECOND by Mr. Burkeen, the meeting was extended to
11 p.m. on a voice vote of 5-0.
On MOTION by Ms. Monier, and SECOND by Mr. Burkeen Ordinance 0-05-13 was
passed on first reading with the revision that all CG uses will be conditional until the
second public hearing on a roll call vote of 4-1 (Coy - nay)
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
Tim Baum supported the City selling fuel at the airport. The Airport Director addressed
Council, advising that there are grants available for a city fuel facility.
Jim Weber, asked that the City adopt an ordinance requiring that the City purchase from
local businesses when possible, and that bids include at least one local vendor.
Chief Davis said the City is required to get at least three quotes and under a certain
amount the City can get verbal quotes.
8
Regular City Council Meeting
April 27, 2005
Page Nine
Damien Gilliams read a transcript from a previous Council meeting, which included
statements from Terrence Moore and Paul Wagner relative to the construction of the
City Hall complex.
AI Paternoster, Sebastian, Sebastian Property Owners Association, thanked Mr.
Burkeen for bringing up the school issue and said he will bring the issue to his
association. He said he had been contacted by residents of Grace's Landing about
existing hurricane damage and said he contacted manager Carol Victory and property
owner Bethany Carpenter. He asked the City if it had an agency that can go over and
help the residents. He also said he had received complaints about the snowshoe house
and suggested fencing be placed around the house.
The meeting was adjourned at 11 p.m. and the following items are automatically carried
to the next regular meeting May 11, 2005.
11. OLD BUSINESS
05.093
103-105
A.
Staff Analysis of Operations and Fees for Tennis Courts at Friendship
Park - Revise Accordingly and Direct Staff to Bring Back Resolution for 5/11/05
Regular Meeting (Public Works Transmittal 4/19/05, Report)
12. NEW BUSINESS
05.100
107-111
05.102
113-118
13.
14.
15.
16.
05.103
A.
Approve the Reimbursement Request from the City's Insurance Carrier,
Florida League of Cities in the Amount of $5,868.96 as Settlement for an
Auto Insurance Accident (Finance Department 4/18/05, Request, Report,
Invoice)
B.
Consider Request from Castaway Marine Pro-Line to Use Riverview Park
East for Invitational Pro-Line Owners Tournament - Friday, May 27'h 3 - 9 p.m.
and Saturday, May 28th dawn to 10 p.m. (Parks Transmittal 4/20/05, Application,
Grebo Inc. Insurance Policy, $200 Permit Fee)
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
CITY CLERK MATTERS
CITY COUNCIL MATTERS
A. Mr. Neglia
B. Ms. Coy
C. Ms. Monier
D. Mr. Burkeen
E. Mayor McCollum
i. Appointment to Sustainable Treasure Coast Committee - Submit to Governor
(no backup)
Approved at the May 11, 2005 regular City Council meeting.
~yor
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, MMC - City Clerk
9
INTRODUCTION OF NEW BUSINESS
FROM THE PUBLIC
SIGN-UP SHEET
April 27, 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 ONt Y FOR INTRODUCTION OF NEW BUSINESS
NOT OTHERWISE ON THE PREPARED A GENDA*- 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
ca~ input "
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05.018
PUBLIC HEARING SIGN-UP SHEET
April 27, 2005
Second Reading Ordinance No. 0-05-12 - Sale of Alcohol within Proximity of
Schools and Churches
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. (Press Journal 4/13/05)
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PUBLIC HEARING SIGN-UP SHEET
April 27, 2005
05.099
First Reading & First of Two Public Hearings - Ordinance No. 0-05-13-
Creating Sebastian Boulevard Triangle Overlay District Regulations - Schedule
Second Public Hearing May 26, 2005
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE
ARTICLE XXI TO CREATE DIVISION C, SEBASTIAN BOULEVARD TRIANGLE OVERLA Y DISTRICT
REGULATIONS; PROVIDING FOR CONFLICTS. SEVERABILITY AND EFFECTIVE DATE.
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PROPOSED AMENDMENTS
PERMlTTED USES:
.
Cultural or civic facilities ·
Business and professional offices, .
excluding drive-through facilities .
and medical services
Commercial retail < 5,000 sq. f1. .
Restaurants, excluding drive-.
through facilities .
Home occupations .
All uses permitted within the RM- .
8 Zoning District .
.
.
.
.
.
CONDITIONAL USES:
. Churches .
. Clubs and lodges, public and .
private .
. Trade and skilled services
. Commercial retail > 5,000 sq. fl. .
but < 20,000 sq. fl. .
. Hotels and motels .
. Farmer's market .
. Parks and recreation, public .
. Protective and emergency .
services, public
. Restaurants with dri ve-through .
facilities .
. Veterinary servi ces
. Commercial amusements,
enclosed
.
P5L: 15627: I
DELETED USES:
.
Churches
Parking garages
Clubs and lodges, private and
public
Medical services
Commercial retail> 5,000 sq. f1.
Plant nurseries
Gasoline sales, retail
Trade and skilled services
Hotels and motels
Vehicular sales and related
servIces
. Administrative servIces, public
and private
DELETED USES:
Bars and lounges
Commercial retail> 20,000 sq. f1.
Business and professional offices
with drive-through facilities
Funeral homes
Pawn shops
Nursing homes
Child care services
Utilities, public and private
Vehicular service and
maintenance
Wholesale trade and services
Mini storage