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HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, AUGUST 10,2005 -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 Neglia 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 Sal Neglia
City Council Absent:
Council Member Lisanne Monier, (excused)
Staff Present:
City Manager, Al Minner
City Attorney. Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
MIS Systems Analyst, Barbara Brooke
Golf Course Director, Greg Gardner
Public Works Director, Terry Hill
Regular City Council Meeting
August 10, 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-05-26)
None.
6. PROCLAMATIONS. ANNOUNCEMENTS, PRESENTATIONS
None.
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.
1-12
A.
Approval of Minutes - 7/27/05 Regular Meeting
13-15
B.
Approval of Minutes - 8/3/05 Special Meeting
05.164
17-27
C.
Approve Purchase and Installation of Lighting System at Practice
Football Field and Basketball Court at BSSC from Musco Sports Lighting
in the Amount of $200,346 Under Terms and Conditions of City of
Jacksonville Bid Award #Sc-0549-03 (Public Works Transmittal 8/1/05,
Quote, Jacksonville Bid)
05.065
29-30
D.
Approve Change Order #2 to Capp Custom Builders, Inc. for Additional
Repair Work to Golf Course Facilities in the Amount of $53,511
(Golf Course Transmittal 8/4/05. Quote)
Mr. Neglia removed item D; and Ms. Coy removed item C.
On MOTION by Mr. Burkeen, and SECOND by Ms. Coy, item A and B were
approved on a roll call vote of 4-0.
Item C
Ms. Coy said she had no problem with the item but removed it for the benefit of
the public and read the City Manager's memo supporting the piggyback of the
Jacksonville two- year old bid reflecting a cost savings, rather than bidding at
today's prices.
On MOTION by Ms. Coy and SECOND by Mr. Burkeen item C was approved
on a roll call vote of 4-0.
2
Regular City Council Meeting
August 10, 2005
Page Three
Item D
In response to Mr. Neglia, the City Manager clarified the initial bid was done for
Hurricane Frances and then Hurricane Jeanne did further damage to the cart
barn, so the initial bid was for $80,000 but did not include the additional
damage. He further explained the item was in addition to the initial $80,000
cost.
On MOTION by Mr. Neglia and SECOND by Ms. Coy item D was approved on
a roll call vote of 4-0.
8. COMMITTEE REPORTS/RECOMMENDATIONS
05.070
31-40
A.
Code Enforcement Board One Position
(City Clerk Transmittal 7/29/05, Code, Application, Ad, List)
i. Interview, Unless Waived, and Submit Nominations to Fill:
a. One Regular Member Position to Expire 8/1/2008 (Preferably Engineer)
City Council invited Mr. Dodd to the podium. Ms. Coy nominated
him for the position and being the only applicant, he was reappointed.
05.014
41-49
B.
Construction Board One Position
(City Clerk Transmittal 7/29/05, Code, Application, Ad, List)
i. Interview, Unless Waived, and Submit Nominations to Fill:
a. One Regular Member Position to Expire 9/30/2007(Preferably HARV
Contractor)
Mr. Burkeen nominated Mr. Delasandro and, being the only applicant,
he was appointed.
05.014
51-53
C.
Construction Board Position Removal
(City Clerk Transmittal 8/2/05, list)
i. Formal Approval to Replace Member No Longer in Residence
The City Clerk stated that this item was for information only to let
City Council know the position was being advertised for.
3
Regular City Council Meeling
Augusl 10, 2005
Page Four
05.076
55-63
D.
Tree & Landscape Advisorv Position
(City Clerk Transmittal 7/29/05, Code, Application, Ad, List)
i. Interview, Unless Waived, and Submit Nominations to Fill:
a. One Regular Member Position to Expire 4/2008
Neil Lagin was invited to the podium for interview. Mr. Burkeen
nominated Mr. Lagin, and being the only applicant, he was
appointed.
05.091
E.
Parks & Recreation Advisorv Committee
65-68
i.
Report from Chairman Inqui - Cain House (report)
Mr. Ingui gave his report regarding possibilities of reaching out to Home
Depot, Lowes, even This Old House for assistance with the Cain House
improvements.
City Council members commended him for the Committee's ideas and said
they felt a renewed sense of commitment to the house's improvement. Mr.
Neglia said he now could see how the house might be better placed in
Jordan Park.
69-71
ii.
Report from Chairman Inqui - Committee Recommendations (report)
Mr. Ingui recommended formation of a recreation division, a full-time
recreation coordinator and use of the old Council Chambers, and offices in
that building for recreation division offices and uses; to plan for a summer
camp program by summer 2006; and the establishment of a new Sebastian
Community Hall with the possibility of seeking use of the old Wal-Mart
building on US 1.
Mayor McCollum said he agrees that a Community building is needed and
would like to see the City plan for one in the next few years.
City Council discussion followed on Mr. Ingui's suggestions, and City future
needs. Mr. Neglia noted that the Boys and Girls Club will be building a
gymnasium behind City Hall and the City Attorney said it would be available
to the public as well.
4
Regular City Council Meeting
August 10, 2005
Page Five
05.136
73-79
F.
Environmental Advisorv Committee (Temporarv)
i. Committee's Top Five Priorities (Citv Manaqer Transmittal 8/3/05,
Draft Minutes, Priority List)
Pat Beckwith listed the five top priorities for the Environmental Advisory
Committee.
#1 - Strengthen the existing Sebastian tree and landscape
Ordinance (residential and commercial), including
strengthening the tree replacement requirement for
commercial and industrial properties.
#2 - Strengthen the Sebastian Waterfront Development
Ordinances to promote conservation and avoidl
minimize impacts to the Indian River Lagoon.
#3 - Investigate means within City budget (eg. building
and land clearing permit fees) or other to hire a
person to handle environmental code/rule enforcement.
#4 - Review and strengthen developmental ordinances (P & Z)
with emphasis on environmental conservation.
#5 - Develop a program for treatment of drainage swales; fill
where possible to collect and stormwater centrally and
provide suggested plant palette relative to groundwater
levels.
Ms. Beckwith pointed out that the committee's #6 melds with #5.
#6 - Reduce stormwater pollution from finding its way to the
Indian River Lagoon through prohibiting chemical
pesticides, fertilizers, etc. on landscapes of properties
(commercial and residential) built on the east side of
Indian River Drive.
Mayor McCollum commended the committee for reporting to Council.
5
Regular City Council Meeting
Aug ust 1 0, 2005
Page Six
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
Mr. Mazzone, 665 Capon Terrace, requested the City's assistance in closing out
the Capon Terrace stormwater project. Mr. Mazzone was directed to contact the
City Manager.
The City Manager said an ordinance is scheduled for the next Council meeting to
increase the funds available for stormwater maintenance from stormwater
assessment revenues. He said this situation on Capon is indicative of current
manpower problems with stormwater maintenance issues, noting that there is an
RFP out at this time for maintenance, and which when implemented, will enable
the City to address concerns such as Mr. Mazzone's.
AI Manzi, 742 Holten Avenue, Sebastian, said canals north of 512 are wide and
they are not wide south of 512, and said he hoped that dredging is not conducted
in narrow parts of the canal. He said use of rip-rap would make access to the
canals dangerous. He said the purpose of the canals is stormwater, the canals
have been neglected, and would like to see access established for recreation.
He also suggested creation of dry hydrants.
Dan Dragonetti, thanked the City and City staff for their sincere assistance with
his drainage problems, which happened approximately a year ago, the same
time he lost his son in Iraq.
Mary Ann Krueger, asked Council to consider hiring an environmental inspector,
that it educates the public on environmental issues to protect the Indian River
Lagoon from runoff, and suggested that residents think more about what is used
in the City. She suggested a booklet be put together regarding environmental
issues, said one of the biggest obstacles is the Planning and Zoning Commission
and asked that the Commission resign because their actions are reprehensible
with regard to construction along the Indian River Lagoon.
Harvey Porter, Benedictine Terrace, Sebastian, said the culvert that goes under
his road seems to be blocked and during heavy rains floods his yard. He was
referred to the City Manager to resolve the problem.
6
Regular City Council Meeting
August 10, 2005
Page Seven
Frank Sevenski, 1143 George Street, Sebastian, said Collier Creek residents
should be grateful for what the City has done. He said he paid for repairs to his
seawall, and the canals do enhance the property. He said it would not be fair for
people who do not live on the canals to have to pay for their seawalls.
Side II. Tape I. 8:00 pm
Damien Gilliams, 1623 US 1, Sebastian, said the 4th of July celebration was a
success on Indian River Drive, and thanked Council for being fair and giving him
a chance by opening and closing the road as needed; said the approach to the
Cain House should not cost taxpayers a cent and agreed with getting volunteers
and fundraisers together to make it happen; said he had recommended a
community center in the old Wal-Mart building last year; said by not allowing the
backing out on Indian River Drive motivates people to speed; expressed kudos
for the circular inviting public participation in City committees, but asked where
the Revenue Committee is; recommended a cap on litigation citing the situation
ongoing in Vero Beach; said he will be outspoken on the budget and hoped roll
back rate on taxes can happen; and said he hopes there is a plan for department
heads to save money and turn money back in at the end of the fiscal year,
rewarding them with a bonus for doing so.
Mayor McCollum called recess at 8: 15 p.m. and reconvened the meeting at 8:25
p.m. All members were present.
11. OLD BUSINESS
05.058
A.
Collier Creek - Assessment Option (no backup)
Ms. Coy explained her reasons for placing this item on the agenda, including
numerous phone calls and a petition asking Council to look at other options. She
stated the City had nothing to lose by looking at the proposed options submitted
on a letter which could be sent to the canal residents, of which there are
approximately 130 property owners. She then read the letter (see attached).
It was noted that the figure of $1723 would be the annual assessment for fifteen
years if the seawall option were chosen.
Bob Audette, commended Council for this idea.
Mayor McCollum said he was against sending out surveys because an
assessment is to be placed he would like to have a 100% response from property
owners; he pointed out there is no guarantee that property owners will maintain
the sodded slopes and that perhaps an additional assessment would be needed
to pay for some type of bond to cover property owners who did not maintain the
slopes and he was opposed to giving up government property that might be
7
Regular City Council Meeting
August 10, 2005
Page Eight
needed in the future. He also pointed out that the City should strive to keep good
the credit it has. Mayor McCollum said he would favor going back to sodding but
the City should own and maintain the slopes. He also expressed concerns of
financial hardship the assessment might place on some residents. Mr. Burkeen
agreed with Mayor McCollum.
Ms. Coy read a letter from Indian River County Property Appraiser, David Nolte
stated the easement would not add market value; and said the majority of the
people she talked to said they would love to keep their seawall but did not think
residents would pay the assessment to do so.
Ms. Coy said she would withdraw option 2 and reword option 1 if it would assist
Council in approving this.
Mr. Burkeen said he thinks rip rap is the best option for the City and the
homeowner.
The City Manager said all options available have pluses and minuses.
Mr. Neglia said if the property is conveyed and then not maintained by property
owners, the City would have to step in. He said he was happy with the rip rap.
On MOTION by Ms. Coy and SECOND by Mr. Neglia, to send the letter out with
options 1 and 2, the motion failed on a tie vote of 2-2 (McCollum, Burkeen - nay).
Ms. Coy asked if there are any public suggestions from Council that may be
considered at a later date, for example, ways to reword this letter. Mr. Burkeen
said the only option might be to sod the slope and purchase the property but
there will still be the unknown cost of land mitigation to consider.
12. NEW BUSINESS - None
13. CITY ATTORNEY MATTERS
05.165.1
A.
Discuss Lanquaqe for Charter Amendment on Private Condemnation (backup
under seoarate cover)
The City Attorney advised that he did not place language on for first reading
because many towns are drafting language and he requested feedback. He read
proposed language as follows: "A unanimous vote of the entire membership of city
council shall be required to authorize the use of eminent domain for a project having
the sole purpose of transferring rights in the properties to a private party in pursuit of
economic development".
8
Regular City Council Meeting
August 10. 2005
Page Nine
He then briefly explained the need for a unanimous vote, identifying sole purpose
project, transferring rights and pursuit of economic development language. He
offered to bring the language back for Council for first reading.
Other Matters
The City Attorney said Council needs to put out reminders to its advisory
committees that some of the areas such as personnel and departmental
recommendations on which the committees are reporting are more in the pervue of
the City Manager.
The City Attorney said the Clambake dates are November 4, 5 and 6th this year.
Side I, Tape 11,9:11 pm
The City Attorney said ownership of canals is a confusing issue because in every
way it appears that the seawalls were meant to be conveyed to the property
owners by General Development, but how to attach the seawall to the property
with the easement in between is a problem. He stated ownership is not really
related to financial responsibility.
14. CITY MANAGER MATTERS
None.
15. CITY CLERK MATTERS
05.166
81-82
A.
Discuss Possibilitv of Christmas Parade on Indian River Drive with Santa
Arrivinq in Riverview Park - December 3, 2005 - 6-9 pm - in Partnership
with Chamber of Commerce and Sebastian Junior Women's Club (E-mail)
On a MOTION by Mr. Neglia, and SECOND by Mr. Burkeen, the parade
was approved with a voice vote carried 4-0.
05.146
B.
Florida Leaque of Cities Conference - FACC Board Meetinq 8/18/05
Attendance (no backup)
The Clerk reported she would be traveling on August 18, 2005..
05.167
83-85
C,
Council Meetinq Schedule November and December - Revise at Council's
Discretion (Citv Clerk Transmittal 8/3/05. Calendars)
On MOTION by Mayor McCollum, and SECOND by Ms. Coy the Council
meeting schedule was changed to November 16th and December 14th on a
voice vote of 4-0.
9
Regular City Council Meeting
August 10, 2005
Page Ten
16. CITY COUNCIL MATTERS
A. Mr. Nealia
Reported the Emergency Services District Advisory Committee had not
scheduled a meeting to have the EMS/Fire consolidation plan presented.
Mayor McCollum suggested Mr. Neglia call Commissioner Lowther to
schedule the meeting or discuss it with him.
Reported that Officer Poore did a great job ticketing vehicles illegally parked
on Indian River Drive during the recent fishing tournament.
Reported that the City needs jobs and affordable housing in the City. He said
there are committees meeting on these topics and the City should get on the
bandwagon.
Mayor McCollum said he was on a local committee and explained there are a
federal definition for low-income housing but no definition for workforce
housing. He said the County Commission is looking at small lot subdivisions.
B. Mavor McCollum
Reminded that the public of the Tuesday, August 16 Budget Workshop at
6:00 pm and the grand-opening of the new runway on Friday, he was not
having his monthly meeting, and there is a Board of Adjustment meeting
scheduled for August 24, 2005 at 6 pm.
D. Mr. Burkeen
None.
E. Ms. Cov
Ms. Coy stated her computer's hard drive crashed and someone canceled
her Earthlink account therefore she would only receive e-mails at City Hall,
apologized for any lost e-mails during the crash and stated she is also
available by telephone.
She suggested that perhaps the next budget might include $3,000 to $5,000
for MIS to purchase software that could stop the spam problem in City Hall.
10
Regular City Council Meeting
August 10, 2005
Page Eleven
F. Ms. Monier
Absent.
17. Being no further business, the Regular Meeting was adjourned at 9:35 p.m.
05 Regular City Councii Meeting.
A
11
At the July 13, 2005 meeting of the City Council, it was decided by unanimous vote to move
forward with the Collier Creek Canal issue. The primary purpose for addressing this issue is to
improve the stormwater quality of the Collier Creek Canal.
Three primary altematives, with the same net effect of improving stormwater quality, have been
painstakingly reviewed. In short, the Council chose to dredge the Collier Creek Canal, entomb
the existing "seawalls" and construct new side-siopes reinforced with what is commonly known as
"rip-rap". This concept was approved based on its overall ability to solve aesthetic, financial,
engineering, operational and environmental issues. Further, staff has been clearly instructed to
execute this project as proposed in the various publiC meetings.
To date, staff continues to move forward with this very imporlant capital project. They anticipate
design schematics to be completed by the end of September. Next, the plan will be submitted for
review and permitting by various regulatory agencies. This process may take as long as 4-6
months. Following regulatory approval and permitting, construction bidding is scheduled to begin
in late Spring 2006; thereby, allowing construction to commence sometime in early Summer
2006.
The Sebastian City Council is committed to this project and believes it has made the best
decision for all citizens of our great community. In the aftermath of this decision, however, it
appears that some residents who live in the directly affected areas continue to voice displeasure
with the project's aesthetic qualities. It is important to understand and note that the City Council
has gone on record as welcoming public input and worked very hard to recognize all views
concerning not just this, but every issue. Moreover, the City Council has delayed the start of the
project in order to hear and weigh additional public input.
This process is now reaching an impasse and must move forward. In this light, however, City
Council is willing to probe public input one last time. Enclosed is an unofficial, nonscientific
questionnaire, which inquires into the preference of specific design concepts. Simply stated, the
"sea wall" option cannot and will not be constructed with the current budgetary restrictions.
Nonetheless, if provided another opportunity, which aesthetic choice would you prefer as a
resident that lives along the Collier Creek Canal?
- Option #1 - Construct the Collier Creek Canal Project with sodded-side slopes, conveying
the public property along the canal to the corresponding property owners and reallocate unspent
funds toward other stormwater capital projects; or
- Option #2 - Construct the Collier Creek Canal Project with "sea walls", placing a special
assessment on each effected property owner for the cost difference between the "rip-rap option"
and the cost of the sea walls. This proposal would increase the estimated project cost by
approximately $2,400,000 and require an annual Special Assessment of approximately
$ to be levied on each effected property owner's tax bill forthe next 15 years.
Please mark your choice above and return this letter in the provided postage paid envelope to the
Office of the City Manager by FRIDAY, AUGUST 26, 2005. Upon a return rate of ninety (90%)
percent, with a clear super majority, the Council may decide to reconsider the aesthetic porlion of
this project. For your information, this questionnaire has been submitted to each affected
resident along the Collier Creek Canal. One questionnaire has been submitted to each
household and only one vote per household will be considered. While each vote will remain
confidential, the questionnaire has been marked to ensure only one vote per household.
Thank you for your time and input on this issue. Should you have any questions concerning this
matter please feel free to contact City Manager AI Minner at 388-8203.
,
Principal Amount $2,400,000
Interest Rate 5%
ANNUAL INO ANNUAL
YEAR PRINCIPAL INTEREST PAYMENT BALANCE ASSESSMENT
1 $160,000.00 $120,000.00 $280,000.00 $2,240,000.00 $2,153.85
2 $160,000.00 $112,000.00 $272,000.00 $2,080,000.00 $2,092.31
3 $160,000.00 $104,000.00 $264,000.00 $1,920,000.00 $2,030.77
4 $160,000.00 $96,000.00 $256,000.00 $1,760,000.00 $1,969.23
5 $160,000.00 $88,000.00 $248,000.00 $1,600,000.00 $1,907.69
6 $160,000.00 $80,000.00 $240,000.00 $1,440,000.00 $1,846.15
7 $160,000.00 $72,000.00 $232,000.00 $1,280,000.00 $1,784.62
8 $160,000.00 $64,000.00 $224,000.00 $1,120,000.00 $1,723.08
9 $160,000.00 $56,000.00 $216,000.00 $960,000.00 $1,661.54
10 $160,000.00 $48,000.00 $208,000.00 $800,000.00 $1,600.00
11 $160,000.00 $40,000.00 $200,000.00 $640,000.00 $1,538.46
12 $160,000.00 $32,000.00 $192,000.00 $480,000.00 $1,476.92
13 $160,000.00 $24,000.00 $184,000.00 $320,000.00 $1,415.38
14 $160,000.00 $16,000.00 $176,000.00 $160,000.00 $1,353.85
15 $160,000.00 $8,000.00 $168,000.00 $0.00 $1,292.31
$1,723.08