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HomeMy WebLinkAbout02222006 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 22,2006 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the regular meeting to order at 7:25 p.m. 2. Mayor McCollum 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: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Parks Superintendent, Chris McCarthy Police Lieutenant, Michelle Morris Systems Analyst & NY Technician, Melanie Astle Regular City Council Meeting February 22, 2006 Page Two 1-3 5-11 06.042 13-14 06.043 15-17 06.044 19-21 06.045 23-27 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. A. Approval of Minutes - 2/8/06 Workshop B. Approval of Minutes - 2/8/06 Regular Meeting C. Approve Purchase of 2006 Chevrolet Silverado 2500HD 4 x 4 Pickup Truck in the Amount of $21 ,963 for Parks and Recreation Division from Alan Jay Automotive Network in Sebring, FL Based on Piggyback Price from Florida Sheriff's Association Bid (04-12-0823) (PW Transmittal, Quote) D. Approve A1B at Bruce Wedding Reception at Community Center on 3/18/06 - Age Verified (PW Transmittal, Permit Application) E. Approve A1B at Magana Baptism Reception at Community Center on 3/11/06- Age Verified (PW Transmittal, Permit Application) On MOTION by Ms. Monier and SECOND by Mr. Burkeen the consent agenda was approved on a roll call vote of 5-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS A. Temporary Environmental Advisory Committee & Tree and Landscape Advisory Committee (Board Transmittal, Proposed T&LAC Homeowner Letter, Proposed TEAC Web Letter) i. Approve Boards' Recommended Letters for Placement on Website and MailinQ Trish Adams, Temporary Advisory Committee, addressed City Council on their joint meeting with the Tree and Landscape Advisory Committee, noting that Therese Miller, who is a member of both committees, will act as a liaison. She further described the letters presented for approval by Council. 2 Regular City Council Meeting February 22, 2006 Page Three City Council commended the committees for their efforts and agreed that the internet and government channel are great ways to get the word out. Mr. Neglia suggested adding contact phone numbers for the agencies listed in the Environmental Committee's letter, and including photos of the trees in the list with the Tree Board letter. Ms. Adams said maybe the photos could be on the website rather than mailed with the letter. Mr. Neglia asked if it would be the Building Department mailing out and paying for the Tree Board letter and the City Manager responded it would. On MOTION by Ms. Coy and SECOND by Mr. Neglia both letters were approved as requested with additions as suggested on a roll call vote of 5-0. 06.031 29-53 B. Planning & Zoning Commission (Clerk Transmittal, Four Applications, Member List, Ad) i. Interview, Unless Waived. and Submit Nominations for ReQular Member Position with Term to Expire 6/1/2009 If Council Concurs with Expiration Recommendation - Otherwise Term Expires 6/1/2006 There was no objection to the June 2009 expiration. City Council interviewed Mr. Kidde, alternate member Mr. Simmons, and Mr. Wright. Mr. Buchanan was not in attendance. Mr. Neglia nominated Mr. Simmons. Ms. Coy nominated Mr. Kidde. 4-1 roll call vote for Mr. Simmons (Coy - Kidde) ii. If Alternate is Appointed to ReQular Member Position - Another Applicant Can Be Appointed to Vacated Alternate Position At This Time Ms. Coy nominated Mr. Kidde. Mr. Burkeen nominated Mr. Wright. 4-1 roll call vote for Mr. Kidde (Burkeen - Wright) 9. PUBLIC HEARING 06.026 55-59 A. Ordinance No. 0-06-01 - Procurement (Citv ManaQer 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. (PJ ad 2/8/06) The City Attorney read the title and the Mayor opened the public hearing at 7:46 p.m. 3 Regular City Council Meeting February 22, 2006 Page Four There was no staff or public input. Mr. Neglia questioned the amount set out for emergency purchases. Mayor McCollum suggested the sentence "when the county is under a state of emergency", and the City Attorney cautioned this might tie the hands of staff in a local emergency such as lightning strike. Mayor McCollum said it was his intent to protect the City Manager and suggested making the amount $25,000 generally and $50,000 when the County is under a state of emergency. He said he had received calls expressing concern about quotes being obtained from outside the area just to meet the three quote criteria; and suggested that staff be advised that local vendors be truly given preference. On MOTION by Ms. Monier and SECOND by Mr. Neglia, Ordinance No. 0-06-01 as amended in Section 2-10 (4) was approved on a roll call vote of 5-0. 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 Damien Gilliams, apologized for missing the last meeting at which he had planned to request a candidate forum, citing he had been informed it would be difficult to do this since he was not a non-profit organization. Mr. Gilliams further commented on the Art and Music Festival, noting that no one had contacted him about street closings, that the majority of vendors were from out of town, suggesting that the City recoup some of its expenses for staff time. He said he had filed a complaint because Ms. Monier parked in the swale on the Veterans' Memorial during the festival; stated we need to purchase property on the riverfront; and discussed constitutional issues relative to elections. Mayor McCollum said electioneering is not appropriate discussion for this item. Neil Lagin, reported on a tree at 846 Wentworth removed without proper permit, stated his experience with his builder was not a good experience and cited problems with his hot tub and center island, stating there should be restrictions on these types of things. The City Manager said he had turned the tree issue over to the Building Director. Mr. Lagin explained how the tree was removed. Ms. Coy said she had talked to the Building Director, found out the permit had expired, and the tree company admitted they did it. The City Manager said he would talk to the Building Director and report back on the situation. 4 Regular City Council Meeting February 22, 2006 Page Five Mr. Lagin suggested stucco be put on houses before insulation is installed to eliminate the possibility of the structure getting wet. The City Attorney said building standards are set by the State. Trish Adams updated Council on the next meetings of the Environmental Committee and invited Council members to attend. 11. OLD BUSINESS 05.127 61 A. Authorize Architectural Services AQreement for Old School House with John Dean & Associates, Not to Exceed $20,689.00 (City ManaQer Transmittal) Mr. Neglia asked if Mr. Dean assisted with the selection of fired contractor. The City Manager responded that Mr. Dean assisted with technical questions but not the actual selection. On MOTION by Mr. Burkeen and SECOND by Ms. Coy, the architectural services agreement for the old school house were awarded to John Dean & Associates not to exceed $20,689 on a roll call vote of 5-0. 12. NEW BUSINESS 06.046 A. Resolution RE: Housing (no backup) The City Attorney submitted a proposed resolution (see attached) as requested by City Council at a prior meeting. Mayor McCollum said he had expressed a concern to the former City Manager during deliberation on the Pelican Isles Apartment complex that people were concerned that this was going to be projects, and Council was assured it was not going to be; and that in fact it is poverty housing and not available to working classes. He asked support for this resolution to ask the Legislature to change the criteria for low-income housing. Discussion followed on prior statements made by the developers and staff. Adrina Davis stated that this is out of the hands of the City Council and is mandated by state and federal governments. The City Attorney read the resolution in full for the benefit of the public. On MOTION by Mr. Neglia and SECOND by Ms. Monier, Resolution No. R-06-03 was adopted on a roll call vote of 5-0. 5 Regular City Council Meeting February 22, 2006 Page Six 13. CITY ATTORNEY MATTERS The City Attorney said he had cautioned Council when discussing the tree issue because it is an enforcement issue and there is no better way for someone taking us to court to win their case than to produce tapes of meetings where these types of comments are made. 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS Announcement of Election Events: · Candidate Forums - Sebastian Property Owners Association 2/24/06 & Chamber of Commerce - 2/28/06 both 7-8:30 pm - Broadcast Live on Comcast Channel 25- Rebroadcast 3/3-35 & 3/10-3/12 · Early Voting in City Hall- 2/27/06 through 3/11/06 - 8 am - 4 pm - no Sundays · General Election - 3/14/06 · Swearing In - 3/20/06 7 pm The City Clerk announced the above dates relevant to the general election. She also announced that she had been asked to announce that the Sebastian River High School Jazz Ensemble will play Concert in the Park on March 9th from 5:30 pm to 8 pm. 16. CITY COUNCIL MATTERS A. Mayor McCollum None. B. Mr. Burkeen Reported on the Step Up Florida Walk on Saturday, February 18, 2006 and congratulated everyone who came out to participate. C. Ms. COY Ms. Coy gave a report of the Land Acquisition Advisory Committee meeting she attended earlier in the day. She stated that she brought to the Committee's attention that the City paid Mr. Adams $123,212.50 to construct Jackson Street and the parking spaces, then the City paid Mr. Adams $162,204.00 to purchase Jackson Street and the City is giving Mr. Adams credit for parking on the street. She stated she is concerned that Mr. Adams has been compensated very well 6 Regular City Council Meeting February 22, 2006 Page Seven from CRA funds and now the same property will be purchased with bond funding and perhaps the City may be reimbursed. She also stated the developer's agreement with Mr. Adams also has some stormwater easements that need to remain with the City and suggested a mid-March meeting to negotiate some of the proposed agreements. She said the result of the February 15, 2006 special meeting with contractors was instantly apparent around town. She recommended future meetings such as this, and said she will be displaying a kudos and dodos under her matters on future agendas to assist the public. D. Ms. Monier Ms. Monier said she doesn't appreciate the cheap shots and said if anyone has questions regarding the City's economic gain of the Fine Arts & Music Festival they can contact her. E. Mr. Neglia Mr. Neglia said sod is no longer being dropped on streets; and asked what is being done with the Squid Lips barge. The City Manager reported that the matter is going to be forwarded to the Code Enforcement Board. Mr. Neglia asked if there was a plan to clean derelict boats out of the river; expressed concern about treatment given to his nephew at the skateboard park, noting that waivers were not available for him to sign so he could skate. The City Manager said he had previously proposed that the park be open and attendants removed however the park is manned and sometimes public service lapses but not often and the problem has been addressed. Ms. Coy suggested a supervisor contact number be provided. Mr. Neglia said there is a scam regarding alleged jury duty and warned people to hang up on anyone who call in this regard. 17. Being no further business, Mayor McCollum adjourned the regular meeting at 8:47 p.m. Approved at the March 8, 2006 Regular City Council meeting. rE <;. N 7 RESOLUTION NO. R-06-03 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, REQUESTING THAT THE FLORIDA LEGISLATURE DIRECT MORE AFFORDABLE HOUSING FUNDING TOWARDS THE "WORKING POOR". WHEREAS, the City of Sebastian recently supported an affordable housing project that received funding through the state; and WHEREAS, despite the hopes of many, citizens in desperate need of housing assistance were unable to qualify for this program; and WHEREAS, the escalation of housing costs in our area has put the American dream of home ownership beyond the reach of hard-working citizens like those who protect us from crime and fires, teach our children and repair our streets; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, that the Council hereby petitions the Legislature of the State of Florida to enact programs that direct housing assistance to working class citizens that have found the cost of housing beyond the reach of their finances. This resolution was moved for adoption by Council Member , and the motion was seconded by Council Member , and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice Mayor Brian S. Burkeen Council Member Andrea Coy Council Member Lisanne Monier Council Member Sal Neglia The Mayor thereupon declared the resolution duly passed and adopted this 22nd day of February, 2006. SEBASTIAN, FLORIDA Attest: By Sally A. Maio, MMC City Clerk By Nathan B. McCollum, Mayor Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer City Attorney