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HomeMy WebLinkAbout01112006 1__ CITY OF ~ ..: '~j-_: --- . -- .:::.: :<- HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 11, 2006 -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 Coy led the Pledge of Allegiance. 3. A moment of silence was held. 4. ROLL CALL City Council Present: Mayor Nathan McCollum Council Member Andrea Coy Council Member Lisanne Monier Council Member Sal Neglia City Council Absent: Brian Burkeen - Excused Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Records Program Manager, Donna Cyr MIS Systems Analyst, Barbara Brooke MIS Systems Analyst/AV Tech, Melanie Astle Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Zoning Technician, Dorri Bosworth Police Lieutenant, Michelle Morris Regular City Council Meeting January 11, 2006 Page Two 06.001 05.090 05.080 06.002 06.003 05.235 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) None. 6. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS The City Manager introduced Rebecca Grohall, the new Growth Management Director. A. Recognition of 2005 Employee of the Year - Dorri Bosworth Mayor McCollum presented Dorri with a plaque for 2005 Employee of the Year. B. Certificate of Appreciation to Bill Inqui for Parks & Recreation Advisory Committee Service Mayor McCollum presented the certificate to Mr. Ingui. C. Certificate of Appreciation to Community Redevelopment Advisory Committee Members Mayor McCollum presented certificates to the following former members who were present: Warren Dill, Damien Gilliams, Patty Jamar, Michael Kidde, AI Paternoster, Nancy Paternoster, Cory Richter, and Jim Weber. Certificates will be mailed to members not present. D. Step Up Florida 2006 -Inez Fielding, VNA Tina Zayez, Indian River County Health Department and Inez Fielding made a brief presentation to City Council on the February 18, 2006 statewide walk and invited the public to participate. E. Brief Demonstration of Weblink Software by Clerk/MIS Staff The City Clerk, Records Manager, and MIS Systems Analyst presented a brief Laserfiche Weblink training. 7. ITEMS CARRIED FORWARD FROM 12/14/05 REGULAR MEETING A. Riverfront Overlay District Parkinq Requlations (No Backup - Requested by Ms. Coy) Ms. Coy posed the question as to whether back out parking in the Community Redevelopment District will work, and said the majority of calls she has received support no backout parking. 2 Regular City Council Meeting January 11, 2006 Page Three Damien Gilliams urged Council to do what it can to protect small businesses by looking at methods to help them to continue to exist in the Riverfront District such as revisions to parking. Robert Pliska discussed redesigning parking to fit the road and the businesses and the possible use of diagonal parking. Herman Porter, said we need a new Sebastian. Walter Barnes, Sebastian, said he recalled that Council did away with backup parking due to safety concerns. He said it is hard to back out and it becomes increasingly hard for older people to back out; and offered his services, if this is to become a public issue relating to why the provision was changed. Eugene Wolf thanked Ms. Coy and implored Council to look toward the future of Indian River Drive and attracting businesses to Sebastian. Mr. Neglia said perhaps backing out could work in the Riverfront, that Growth Management does research and planning for the City, he said perhaps something could be worked out without changing ordinances again. He said he could see diagonal parking used in the triangle and the entire issue needs to more research. Ms. Monier said she did not think the east side of Indian River Drive is where we want to see cars parked and businesses. She said she wanted to see Riverfront improvements, which are low impact and pedestrian friendly and there needs to be a whole shift in attitudes for the whole district not just on the specific issue of parking. In response to Mayor McCollum, the City Attorney said the Council can issue variances to this provision on a case-by-case basis; and that Jackson Street public parking facilities did not come under site plan provisions. Mayor McCollum said there is a variance mechanism now but asked if Council wants to make it easier. The City Attorney explained the intent of the Riverfront Overlay District provisions and advised if Council wanted to change its direction to staff, staff could come back with some ideas. TAPE I - SIDE II 8:02 pm Ms. Coy said her problem with variances is that people think in terms of precedent. Mayor McCollum suggested that this go before Planning and Zoning for their input. 3 Regular City Council Meeting January 11 , 2006 Page Four On MOTION by Ms. Coy and SECOND by Mr. Neglia Council directed that at their earliest convenience Planning and Zoning discuss backout parking in the CRA District and come back with a recommendation to Council on a voice vote of 4-0. 05.236 B. DOQS in Parks (City Attorney Transmittal, Code Provisions Mayor McCollum said it was not his intent to discuss dog parks but rather to determine what rules are currently in place for dogs in parks and direct that whatever they are they should be enforced. He noted that based on the code provisions, this is more an administrative matter and perhaps the Council should not put this on the City Manager. Robert Pliska said dog parks have been found to be hazardous due to health hazards such bacteria transmittal. Linda Scott said she was in favor of a dog park and did not know they were prohibited from Riverview Park and urged that it be allowed. She said there are ways to set up dog parks with responsible users. Eugene Wolf said he had been contacted by an individual who is a dog owner and she stated that there are not a sufficient number of receptacles in the City. Dee Burton, Main Street, said she walks two large dogs on Indian River Drive because she has no sidewalks on her street, and said she wished the City had more areas to walk dogs. Jack Wilson said he loves taking his dog along the riverfront every morning and asked that it continue. Mayor McCollum said the City is behind in sidewalk installations, and said that dogs in Riverview Park seems to be an issue during special events, and would support allowing dogs in parks except when there are special events. Ms. Monier said she is all for putting more receptacles out and allowing dogs to be walked. Ms. Coy said she agrees that most people are responsible, and asked that dog walkers make the effort to remind people that it is their responsibility to clean up and said she agreed with the Mayor's recommendation. The City Attorney said the parks where dogs are currently not allowed are Riverview Park and Barber Street Sports Complex. Mr. Neglia said he had three phone calls against having dogs in the park but said if people are responsible perhaps it could work, and inquired how signs would be 4 Regular City Council Meeting January 11, 2006 Page Five 5-16 06.004 17-18 06.005 19 05.019 21-22 05.127 06.006 23-32 posted and the rule enforced. He then said he did not believe dogs should be allowed on piers. Mayor McCollum said he would support prohibiting dogs from the piers for safety reasons. The City Attorney said Council can suggest the City Manager relieve restrictions on prohibition of dogs except during events. On MOTION by Mayor McCollum, and SECOND by Ms. Coy, Council highly suggested that Mr. Minner lift pet rules regarding prohibition of pets in parks except during special events, put signs up to that effect, purchase more receptacles and maintain restriction on piers and enclosed playgrounds, noting the leash rule remains in effect on a roll call vote of 4-0. Mayor McCollum stated that Council will expect enforcement during events and suggested this new rule be included in the next Pelican Brief. Mayor McCollum called recess from 8:45 pm to to 8:52 pm. All members were present. 8. 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 12/14/06 B. Approval for Council Members to attend Advanced IEMO (City Clerk Transmittal, IEMO Information) C. Approval for City Manager Travel to Florida City and County Management Foundation 2006 Winter Institute (City Manager Transmittal) D. Removal of Michael Mugas from Temporary Environmental Committee for Three Consecutive Absences in Accordance with Code (City Clerk Transmittal, Code Section) E. Termination of E & D Contracting Services, Inc. Contract to Rehabilitate Old School House (no backup) F. Accept Quit Claim Deeds for Twin Ditches Project (City Attorney Transmittal, Deeds) Ms. Monier removed item E. On MOTION by Mr. Neglia and SECOND by Ms. Coy items A, B, C, D, and F were approved on a roll call vote of 4-0. 5 Regular City Council Meeting January 11 , 2006 Page Six Item E Ms. Monier reported on the Historical Society situation whereby they are out of the Main Street and US 1 lease, and now cannot utilize the old City Hall building until the renovation is completed. It was determined that the club could set up a small display in the City Hall lobby and store some of its documents and photos in the City Clerk vault as long as there was no mold problem. On MOTION by Ms. Monier and SECOND by Mr. Neglia item E was approved on a roll call vote of 4-0. 9. COMMITTEE REPORTS/RECOMMENDATIONS 06.007 A. Temporary Environmental Advisory Committee i. Vice-Chair Krueger- Request to Council Reqardinq Citizen Spraying of City Properties (no backup) MaryAnn Krueger addressed Council on a concern regarding a private citizen who is spraying pesticides on a public waterway and requested Council set a policy that private citizens not be allowed to do this. The City Attorney said this is being done with authorization from the City and advised that Council is not authorized to direct departments but could direct pass and ordinance or the City Manager could override staff authorization. TAPE 11- SIDE I 9:05 pm Trish Adams said this sets a bad precedent and said the person was given one time authorization and is continuing. In response to Ms. Coy, the City Attorney stated that the herbicide spraying was done in an effort to control botanicals in a stormwater facility, and advised that an absolute ban on people spraying herbicide in such areas as sidewalks would run afoul of logic. Ms. Coy said she would like to hear what the City's policy has been and what has been allowed and the City Manager said he would report back at the next meeting and asked Council not to establish any regulatory rules at this time advising that he could probably handle this issue easily. Ms. Krueger recommended that Council make it mandatory that all pesticide and herbicide applicators be certified. Mayor McCollum said in his opinion, the City should not be delegating spraying of waterways to outside parties. 6 Regular City Council Meeting January 11, 2006 Page Seven 05.213 33-36 05.163 06.008 06.009 Ms. Neglia suggested that there might be natural alternatives and asked the Environmental Committee to look into it and Ms. Coy suggested the committee could conduct a clinic for the public on alternatives to pesticide use. It was agreed that the City Manager would bring back more information. Trish Adams requested clarification stating there may some overlap with the Tree Board because pesticide use is a landscaping issue but Council said this is an environmental issue and asked that they pursue it and Ms. Coy suggested that they could perhaps conduct a joint clinic with the Tree Board. B. Police Pension Board of Trustees i. Appoint Rappy Perez as Fifth Member to Police Pension Board in Accordance with F.S. w/Term to Expire 10/07 (Clerk Transmittal, FS) On MOTION by Mr. Neglia and SECOND by Ms. Coy Mr. Perez was appointed on a voice vote of 4-0. 10. PUBLIC HEARING (None) 11. 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 A. AI Paternoster i. SPOA Request for Council Chambers for Candidate Forum at End of February Mr. Paternoster requested February 24, 2006 as the date for the SPOA candidate forum in the Council Chambers. Mayor McCollum said Council typically allows a forum for SPOA and the Chamber and both could be approved tonight. On MOTION by Ms. Monier and SECOND by Ms. Coy approve candidate forums for SPOA on February 24, 2006 and the Chamber of Commerce on their selected date with broadcast in the City Council Chambers on a roll call vote of 4-0. ii. iii. Stormwater Issues Contractor Issues Mr. Paternoster presented a powerpoint program exhibiting problems with stormwater drainage and construction problems and violations (see attached). Following the presentation, he urged Council to look at City codes and enforcement of existing codes and address personnel issues. 7 Regular City Council Meeting January 11, 2006 Page Eight Other Input Tuck ???, Barber Street, said the swale at his house is stopped up and sand is being dumped in my swale by a new construction next door; and asked why nothing is being done in Sebastian. Damien Gilliams said taxes will have to be raised to fix these problems and recommended that the City help out small businesses to keep taxes down. 12. OLD BUSINESS. None. 13. NEW BUSINESS. None. 14. CITY ATTORNEY MATTERS The City Attorney requested that an item tabled at an earlier meeting relative to the Suydam claim in the amount of $19,031 be taken from the table and acted upon. On MOTION by Ms. Monier and SECOND by Mr. Neglia the item was added to the agenda on a voice vote of 4-0. On MOTION by Mr. Neglia and SECOND by Ms. Monier the Suydam claim in the amount of $19,031 was approved on a roll call vote of 4-0. The City Attorney reported there are four ordinances coming up at future meetings; and requested approval to provide pro bono work and sign probate papers to open an estate for an old family friend. It was the consensus of the majority of Council that he could provide the service. 15. CITY MANAGER MATTERS The City Manager sought direction on lighting on Louisiana Avenue asking Council to authorize typical lighting on Louisiana Avenue or pursue information on historic lights, stating FPL would only install standard lighting and noting the cost of historical lights would be approximately $1500 each. After some discussion the City Manager said he would research the records on the question of the historic lights and get a cost. The City Manager responded to stormwater drainage and construction concerns expressed and offered solutions such as the Conlon Landscaping contract work underway and their future ditch maintenance; use of quarter round in the swales that is currently being used in Port St. Lucie which will be tried in a few areas as a test; coming back with future reports on curb and gutter; better incorporation of flow lines for undeveloped lots; and looking at use of silt fences. He said before new regulations are brought to Council it 8 Regular City Council Meeting January 11 , 2006 Page Nine has to be determined that they will work. He said the City Engineer will make a presentation to City Council on use of quarter round in the near future. Ms. Monier said she did not want to lower the budget because she knew that this was going to be a problem and that it is going to take another three to five years to fix the problems. She said if you really look around there are improvements being made; and suggested that homeowners or contractors be required to put in the quarter rounds for new construction. Mayor McCollum said he was more concerned about construction issues, stating that the contractors do not care, that there is selective enforcement, and that law enforcement needs to be citing people for parking violations and damage. He said he would have no problem with contacting each contractor and sitting down with them. The City Manager said it is a code enforcement issue, and though it is random, when staff gets with contractors they are fixing those issues. Mayor McCollum said there needs to be something in place whereby damage must be fixed within five days. He said construction hours needs to be addressed to protect adjacent property owners. The City Attorney said vehicles can be parked in the road as long as they do not impede traffic and they are parking in the proper direction. Ms. Coy said some common sense agreements need to be reached with contractors. The City Attorney was directed to bring back ordinance language regarding enforcement and penalties. Ms. Coy suggested a workshop with local builders and Mayor McCollum suggested conducting it with the second reading of the ordinance. On MOTION by Ms. Coy and SECOND by Mr. Neglia the meeting was extended to 11 pm on a voice vote of 4-0. Mr. Neglia said developers should be held liable for fixing damage to swales and reiterated that perhaps they should put in quarter rounds. He asked for regular reports on the water table from the City Engineer again. 16. CITY CLERK MATTERS The City Clerk reported that the March 14, 2006 election qualifying period is January 13 through 27,2006 for two council seats, and that candidate handbooks are available in the City Clerks office and on the City website. 9 ! I .. Regular City Council Meeting January 11, 2006 Page Ten 17. CITY COUNCIL MATTERS A. Ms. Coy Ms. Coy reported on the very successful Tree Advisory Board champion tree clinic on January yth; asked that to enforce the new tree code and hours that clearing is prohibited a letter be sent to developers to provide them with a list of dates that City Hall is closed for holidays and the language of the code; and that a letter be sent to police officers including the same information. The City Manager suggested an article in the Pelican Brief. B. Ms. Monier Ms. Monier said when Pelican Isle apartments presented their development it was to be work force housing, have had discussions with several people and found one working single mother made $1,000 too much to be eligible but grandmothers are allowed. Mayor McCollum suggested getting Representative Poppell on this issue. Ms. Monier said she had heard rumors of a cement plant planned for US 1 and opposed it. The City Manager said the Growth Management Director is working on it. Ms. Monier suggested unifying the Tree Board and Environmental Committees since their issues are so similar. The City Attorney noted the Environmental Committee is temporary. It was decided that the committees discuss a merger of the two committees at their upcoming joint meeting. She urged everyone to participate in the March election. C. Mr. Neqlia None. D. Mayor McCollum Mayor McCollum reported on the planned February 8,2006 CIP workshop at which time the City will discuss the need for community center. He said it would make sense to sell the existing property to fund a new center and asked if Council wished to direct the City Manager to have an appraisal of the Community Center done. There were no objections. In response to Mayor McCollum inquiry as to when other boards will be broadcast, the City Manager introduced Melanie Astle, the new MIS/AV staff person and said the broadcasts should start mid to late February. 10 Regular City Council Meeting January 11 , 2006 Page Eleven In response to Mayor McCollum, the City Manager said he had given Paul McCall of PDM Net until January 31, 2006 to comply and execute the City's tower agreement or he'd cut him off. It was the consensus of Council that January 31, 2006 is the absolute deadline. E. Mr. Burkeen Excused absence. 18. Being no further business, the Mayor adjourned the regular meeting at 10:45 p.m. Approved at the January 25, 2006, Regular City Council Meeting. Bri~Mayor ---~ ~ 11