HomeMy WebLinkAbout01252006
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HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JANUARY 25,2006 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. The Vice Mayor called the meeting to order at 7:06 p.m.
2. Council Member Monier led the Pledge of Allegiance.
3. A moment of silence was held.
4. ROLL CALL
City Council Present:
Vice-Mayor Brian Burkeen
Council Member Andrea Coy
Council Member Lisanne Monier
Council Member Sal Neglia
City Council Absent:
Mayor Nathan McCollum (excused)
Staff Present:
City Manager, AI Minner
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
MIS Systems Analyst, Barbara Brooke
MIS Systems Analyst/AV Tech, Melanie Astle
Public Works Director, Terry Hill
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-OS-26)
Vice Mayor Burkeen requested the removal of item 10A on behalf of Mr. Gilliams until
the next meeting, and the addition of consent agenda item K in regard to moving an at-
large member of Parks and Recreation to the Zone A position due to inability to fill the
position and advertising for her at-large position.
06.013
1-11
06.014
13-15
06.015
17-20
Regular City Council Meeting
January 25, 2006
Page Two
On MOTION by Ms. Monier and SECOND by Ms. Coy the agenda was amended as
requested on a voice vote of 4-0.
6. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS
A.
MarQarita EnQel, Governmental Coordinator, SJRWMD
Presentation on New Water Restrictions
Ms. Engel described various provisions of the new water restrictions set out by St. Johns
River Water Management District to two day per week irrigation which go into effect in
March, advised Council that if it adopts an ordinance, it must be reviewed by St. Johns
thirty days before its adoption.
The City Manager said once we have the model ordinance, we will redraft our ordinance
and send it to SJRWMD for review and then adopt it.
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 1/11/06
B.
Resolution No. R-06-01 - Support for Florida League of Cities 2006 Legislative
Priorities (City Clerk Transmittal, R-06-01)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, URGING MEMBERS OF
THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE
2006 LEGISLATIVE SESSION.
C.
Approve Pelican Island Wildlife Festival in Riverview Park (Public Works
Transmittal, Letter, Application)
Approve Street Closings as Follows:
. Indian River Drive from Harrison Street North to Northern City
Limits from 6 a.m. until 8 a.m. on March 11, 2006 for the 5K Run
. Indian River Drive from Sebastian Blvd. South to Harrison Street
from 6 a.m. unti/5 p.m. on March 11, 2006
. Harrison Street from US#1 to Indian River Drive from 6 a.m. until
5 p.m. on March 11, 2006
. Sebastian Boulevard from East Driveway of Hess Station to
Indian River Drive from 6 a.m. unti/5 p.m. on March 11, 2006
Approve Possible Closing of One Side of Yacht Club Ramp for Boat Tours
Approve the Enforcement of No Pet Access to Riverview Park for the Event
Due to Participating Wildlife Displays and Anticipated Visitors
2
Regular City Council Meeting
January 25, 2006
Page Three
06.016
21-26
06.028
27-28
06.017
29-32
06.018
33-43
06.019 H.
45
06.020 I.
47
06.021 J.
49
new K.
D.
Award Bid for Two 2006 Sterling Flatbed Brush Trucks for Stormwater Division
and Public Works from Atlantic Ford Truck Sales, Ft. Lauderdale in the Amount
of $100,642 After Trade-In (PW Transmittal, Notice to Bid, Bids)
E.
Approve Emergency Repairs to SW675 John Deere Trackhoe to Crawler &
Crane Equipment in the Amount of $6,530.64 (Stormwater Transmittal, Quote)
F.
Award Striping of Louisiana Avenue to Gene's Striping as Low Quote and
Appropriate Funds from Closed Transportation Projects Savings in the Amount
of $6,581.10 (Engineering Transmittal, Quotes)
G.
Renew City Contract with Regan Masonry and Cement, Inc. in accordance with
Amendment One with Increase of Price by $ .30 per SF Until January 10, 2007
(PW Transmittal, Original Contract, Amendment One, Change Order #1 and
Renewal Agreement)
Award Printing of Pelican Brief Quarterly Newsletter to All Star Printing, Indian
Harbor for One Year in the Amount of $8,708 (City Manager Transmittal)
Award Miscellaneous Professional Printing to Total Print, Inc. for One Year in
the Amount of $14,686 (City Manager Transmittal)
Approve FLC Settlement to Gaeke in the Amount of $50,000 (City Attorney
Transmittal)
Move the Parks and Recreation At-Large Member to the Zone A Position and
Advertise for a New At-Large Position (added during agenda modifications)
Vice Mayor Burkeen removed item C.
On MOTION by Ms. Monier, and SECOND by Ms. Coy consent items A, Band D-K
were approved on a roll call vote of 4-0.
Item C - Pelican Island Wildlife Festival
Vice Mayor Burkeen asked if all affected business owners had been notified about
road closures.
The City Manager responded that anyone affected will be notified once the Wildlife
Festival is approved by Council.
Damien Gilliams, 1623 US 1, Sebastian, stated that at last year's meeting David Cox
said he would notify Mr. Gilliams prior to this year's planning for street closures.
3
Regular City Council Meeting
January 25, 2006
Page Four
David Cox, 9495 Periwinkle, said Mr. Gilliams was correct and said he himself had not
been involved in festival planning this year but had agreed to be here tonight to
present the request. Mr. Cox said therewill be no closures for the 5K run as originally
planned, but there will be boat tours. He further stated that principal parking will be on
the south side of Riverview and the west side of the Cavcorp will be staff and volunteer
parking. He said he would be sure Mr. Gilliams will be invited to planning meetings.
Mr. Gilliams said this application is incomplete because it contained no site plan as
required and should be tabled.
The City Clerk noted that last year after this very same discussion, the motion to
approve the festival added leaving the Indian River street closing to the discretion of
the police.
Mr. Burkeen said the only street closing will be Indian River Boulevard from Sebastian
Boulevard to Harrison Street and asked Mr. Gilliams if he would be agreeable to being
included in the planning. Mr. Burkeen asked the City Manager why there is no site
plan, and he responded it was modeled after last years, and that staff had decided not
to leave Indian River Drive open this year because of the wildlife that will be there, and
should be left to staff discretion.
Mr. Cox said he would be happy to supply a site plan, that there would a lot of foot
traffic back and forth across Indian River Drive, and noted that the festival was actually
Saturday March 11 th .
On MOTION by Mr. Burkeen, and SECOND by Ms. Monier approved the request for
the Pelican Island Wildlife Festival based on the condition that Damien Gilliams is
included in the planning on a roll call vote of 4-0.
8. COMMITTEE REPORTS/RECOMMENDATIONS
A. Code Enforcement Board
06.022
51-58
i.
Receive Orders in Accordance w/Code - No Action Required (City Clerk
Transmittal 1/11/06, Orders)
Received - no action required.
06.023
59-76
ii.
Interview. Unless Waived, Submit Nominations for One Expired ReQular
Member Position, Subcontractor (as far as practical) with Term to Expire
2/2009 (City Clerk Transmittal. Code. Applications, Board Member List. Ad)
Mr. Neglia nominated Harry Enderlein.
Mr. Enderlein and Mr. Widup addressed Council.
4
06.024
77-86
06.025
87-95
06.029
97
Regular City Council Meeting
January 25, 2006
Page Five
Being no other nominations, Mr. Enderlein was appointed as the regular
member.
iii. Fill Alternate Position If Necessary
Mr. Neglia nominated Eric Fischer as the alternate.
Ms. Monier nominated Ms. Widup.
Being no other nominations, Mr. Fischer was appointed 3-1 (Monier - Widup)
B.
Construction Board
i. Interview, Unless Waived. Submit Nominations for One Unexpired Regular
Member Position. Engineer or Architect (as far as practical) with Term to
Expire 9/30/06 (City Clerk Transmittal, Code, Applications, Board Member
List. Ad)
Mr. Widup addressed City Council noting he is a licensed engineer.
Ms. Coy nominated Mr. Widup and upon review of the Code for membership
provisions he was found to be eligible and was appointed.
C.
Tree and Landscape Advisory Board
i. Interview. Unless Waived. Submit Nominations for One Unexpired Alternate
Member Position with Term to Expire 11/2008 (City Clerk Transmittal, Code,
Applications, Board Member List. Ad)
David Rodriguez and Donald Wright addressed Council.
Ms. Coy nominated Mr. Rodriguez and being no other nominations he
was appointed.
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
A.
February 23rd, 2006 Political Forum BroadcastinQ Request from Damien Gilliams
Removed during agenda modifications and postponed until February 8, 2006.
5
Regular City Council Meeting
January 25, 2006
Page Six
Other Input
Fred Mensing submitted letters to the Clerk and each Council member (see attached),
noting for the record he had provided the letter to the City Manager this afternoon, and
read the letter regarding his dispute with an adjacent property owner into the record.
Maryann Krueger thanked Council for approving the Pelican Island Wildlife Festival, said
people should not water late at night because it promotes diseases or cut lawns so
short, said AI Paternoster's presentation regarding code problems at the last meeting
was excellent and said he would be a good addition to the Council after March, and
expressed concern that licenses are being handed out to people who shouldn't have
them.
Damien Gilliams, Sebastian, thanked the Vice Mayor for being considerate of his rights
as a business owner, stating he was not against the festival and wants to be a part of it.
He said Ms. Monier is running for Council, reminded everyone of constitutional rights,
and alleged that Ms. Monier had grabbed a political sign with proper disclosures out of a
volunteer's hands on Main Street this past weekend and asked if this action is
sanctioned by this board.
Ms. Monier called for a point of order and Vice Mayor Burkeen said he would not allow
Mr. Gilliams to badger her at a Council meeting. Ms. Coy said this is not an election
platform.
Tim Benken, King Street, discussed the tennis courts and asked if tennis players have to
share the new courts with the lawn bowlers and wondered if there isn't another area they
could use.
Side II, Tape 1,8:11 pm
Ms. Coy said she is responsible for bringing the lawn bowlers to the courts, said they
schedule one week ahead, use one court and pay full price for the court at $20. She
noted that most people want to play in the morning and this is more a scheduling
problem than anything else. She reminded people that this is not a private country club
but is a public facility and until she sees people lined up waiting to play she believes they
should be allowed to use the facility.
Ms. Monier said tennis courts are for tennis and if we need a lawn bowling court we
should build one. She said the biggest problem is that there has been no advertisement
about the courts.
Patrick Quinn suggested building a lawn bowling facility.
Mr. Burkeen suggested sending this go to the Parks and Recreation Committee for a
recommendation.
Mr. Neglia said he had gotten many phone calls about the lawn bowlers, an issue he
was unfamiliar with until it was explained to him by Ms. Coy; and he said he had nothing
6
Regular City Council Meeting
January 25, 2006
Page Seven
against the lawn bowlers but suggested if the City is going to have family memberships
we should not have the lawn bowlers there and maybe an area can be built for them.
The City Manager sought direction from Council, reminded Council that this is a
recreation service and is not supposed to be a money maker; and recommended the
possibility of eliminating the attendants at the park and leave it as a first come first
served program, or perhaps let a pro run the facility as a contract employee.
Ms. Monier suggested tennis players meet with staff to discuss handling the scheduling.
Ben Eppinger, DelMonte Road, said he found this dispute discouraging and suggested a
committee of volunteers to organize round robins, and said he had offered his services
to do this. He said as a Council that they could direct their manager to look into this.
Patricia Rinnaberger, said she purchased a family membership and then felt that the
option to make reservations was taken away because of the lawn bowlers; and that
tennis courts are for tennis and lawn bowling is very distractive. She said advertisement
for the courts has been poor, asked why tennis courts have not been advertised on the
government channel, suggested that the lawn bowlers should pay as much as tennis
players, and suggested six month memberships.
Ms. Monier said staff needs to be directed, promotion is key and the lawn bowlers need
to have another place to go. The City Manager said he will review the issue and report
back.
Vice Mayor Burkeen called recess from 9:48 p.m. to 9:56 p.m. All members present at
roll call were present when the meeting reconvened.
11. OLD BUSINESS
None.
12. NEW BUSINESS
06.030
99-100
A.
Consideration of Keep Indian River Beautiful Contract Amendment #2 (City
Manager Transmittal, Amendment #2)
The City Manager said the existing lease required KIRB to separate out the meter for
electricity and it would cost approximately $10,000 to $15,000 to do so, and then
recommended amending the lease to require KIRB to pay a lump sum equal to their
monthly electric cost in the amount of $150, and have them pay the cost retroactive to
May 2005, and add to Paragraph "This amount upon written notice may be increased
proportionately with increases for power to the City".
Mr. Neglia said KIRB has installed a dumpster and it should be enclosed. The City
Manager said he would get with them.
7
Regular City Council Meeting
January 25, 2006
Page Eight
Ms. Coy noted that effective February 1 st KIRB goes on a month-to-month lease.
On MOTION by Ms. Coy and SECOND by Mr. Neglia the second amendment was
approved on a roll call vote of 4-0.
06.026
101-106
B.
First ReadinQ of Ordinance No. 0-06-01 - Procurement - Schedule Public
Hearing for 2/22/06 (City Manager Transmittal, 0-06-01)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE
CHAPTER 2 CONCERNING PROCUREMENT OF GOODS AND SERVICES; PROVIDING
FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE.
The City Attorney read the ordinance by title.
The City Manager explained the revisions, stating there is a lot of bureaucracy in the
purchasing process and explained purchasing level increases and other amendments in
an effort to streamline the process.
Mr. Neglia recommended some minor decreases to certain dollar thresholds.
On MOTION by Ms. Coy and SECOND by Ms. Monier, Ordinance No. 0-06-01 was
approved on first reading and ph scheduled for 2/22/06 on a roll call vote of 4-0.
13. CITY ATTORNEY MATTERS
The City Attorney said the Art Festival is a city function by agreement, and advised that
regarding Mr. Mensing IS issue, the matter is a neighbor vs. neighbor issue.
Side I, Tape II, 9:12 pm
14. CITY MANAGER MATTERS
The City Manager said there has been a request from an individual to have a birthday
party with pony rides in Riverview Park, and suggested it could be handled as a staff
matter, or it could come back before Council as an event. There were cautions from
Council regarding cleaning up and concerns about animal rights groups but there was no
objection from Council.
The City Manager distributed a memo regarding well monitoring (see attached) and
offered options to 1) put in new wells, 2) provide data through extrapolation data, or 2)
not do monitoring anymore. He recommended periodic extrapolation and quarterly
reports and Council concurred.
The City Manager reported on the Louisiana Avenue lights issue and his
recommendation was to look at sole sourcing it to FPL which can install and wire twenty
historic lights for $47,929, and then they do usage and maintenance fees in the amount
of $292 per month. He said the only other consideration is the lights will follow the
sidewalk, which will require boring under the street.
8
Regular City Council Meeting
January 25, 2006
Page Nine
He recommended using money that is reserved in street projects. He reported he had
looked at documentation and found only that there was a line item in the grant for $5,000
and the lights never got done and there is no grant money left to do it but the City did
makes promises. He said he will come back with a PO request on the next agenda.
The City Manager reported on construction site complaints, that staff has met and a draft
ordinance is being put together to address such areas as enforcement issues, fines and
silt fencing. He recommended a workshop to review the draft ordinance on February 15,
2006 and that builders will be invited to attend.
15. CITY CLERK MATTERS
05.033
107
A.
Step Up 2006 Program in Riverview Park (2006 Flyer)
The City Clerk reported on the program scheduled for Saturday, February 18, extended
an invitation to Council members to participate in the walk on behalf of the sponsors, and
said she will purchase refreshments for participants as in previous years, though she
would not be here to participate, and requested through the City Manager that the Parks
Department provide set up of tables, chairs, and bleachers prior to the event.
The City Clerk reported that Laserfiche Weblink should be ready to go public by
February 15t and explained that certain records exemptions were being redacted before
the records are made public.
16. CITY COUNCIL MATTERS
A. Ms. Monier
Ms. Monier reported on the annual Art and Music Festival this weekend in Riverview
Park; and asked anyone who has questions about her integrity to contact her at anytime.
B. Mr. NeQlia
Mr. Neglia reported on his attendance at the Council of Public Officials meeting in Vero
and reported that they will ask the cities once again to join league of cities again after the
March elections and will invite all city managers as well.
C. Mayor McCOllum
Absent.
D. Mr. Burkeen
None.
9
Regular City Council Meeting
January 25, 2006
Page Ten
E. Ms. Coy
Ms. Coy suggested letting the lawn bowlers play when the courts are closed during the
day and this should solve all the problems.
17. Being no further business, the Vice-Mayor adjourned the regular meeting at 9:35 p.m.
Approved at the February 8, 2006 regular City Council meeting.
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City Council meeting.
City of Sebastian
Submitted to Council by the City
i It.. , Manager at the January 25, 2006
Memo
To: Dave Fisher, City Engineer
From: Matt Russo, Engineering Assistant
CC:
Date: 1/25/2006
Re: Cemetery Rainfall Data and Well Monitoring Program
In the past, the Engineering Office has collected rainfall data from the municipal cemetery and the golf
course. Consistent rainfall records from the cemetery begin in May 2003 and continue through the
present. The Engineering Office has golf course records from June 1996 through June 2003 and is in
the process of acquiring more recent data.
Well level data for locations on Toledo, Filbert, and Barker Streets is available until the end of 2003.
These locations cover a large triangular area, and as such, are useful tools for monitoring changes in
the surficial and deep aquifers beneath the City of Sebastian. The graph attached shows monthly
rainfall data from the cemetery, well level data for the three wells from collection dates between May
2003 and Dec. 2003.
A well reading from Toledo St. was taken Jan. 25, 2006. Between Dec. 2003 and Jan. 2006, the water
level in the Toledo well shows a net drop of about 10 inches. This data suggests that a periOd of heavy
rainfall between July and October 2004 did not recharge the aquifers. No data for the Toledo St. well is
available between readings from Dec. 2003 and Jan. 2006.
Since 2003, two of the wells have become inaccessible to the City. The Toledo S1. well is still available
for monitoring by the City, but proper monitoring requires more than one well. If the City plans on
reinitiating its well monitoring program, money should be put aside to drill new wells.
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