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HomeMy WebLinkAbout04262006 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 26,2006 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the regular meeting to order at 7:03 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 Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster (7:08 p.m.) Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Jason Milewski Chief of Police, Jim Davis Police Lieutenant, Greg Witt Police Lieutenant, Bob Lockhart Police Officer, Tom Poore Police Officer, Theo Robinson Police Administrative Asst., Debra Curry Police Records Clerk, Joanne Morse Police Records Clerk, Betty Plaia MIS Systems AnalysVAV Tech, Melanie Astle 06.079 06.080 5 06.081 7 06.082 Regular City Council Meeting April 26, 2006 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) Mayor McCollum requested that item 8.C.i. be moved to presentations at the request of Trish Adams, Environmental Committee Chair; and that item 12B be deleted from the agenda. On MOTION by Mr. Neglia and SECOND by Mr. Burkeen the agenda was revised as requested on a voice vote of 5-0. 6. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS A. Employee of the Quarter - Police Officer, Tom Poore Mayor McCollum presented the certificate to Police Officer, Tom Poore, who received a standing ovation from Council and the audience. B. Proclamation - Administrative Professionals Week - April 23-29. 2006 Mayor McCollum presented the proclamation to City Staff members Debra Curry, Joanne Morse, and Betty Plaia, and commended all Administrative Professionals who work for the City of Sebastian and for other businesses. C. Proclamation Nurses Week - May 6 - 12. 2006 - Inez Fieldinq Mayor McCollum presented the proclamation to Inez Fielding, who, he announced, was Woman of the Year last year; and she and Sue Lee addressed the Council about the need for more nurses and public about nursing scholarships. D. Chief Davis Update 911 Services (no backup) Chief Davis gave a history on the dispatch centers in Indian River County, and reported that the City asked last year to be included on the 911 system but were too late. He said they have again presented their request to the Emergency Services District Committee and the request will be addressed by the committee on May 18th. He said the volume of calls coming in has caused problems for callers from Sebastian. Mr. Neglia said he was concerned when he heard that Sebastian calls were being stacked up. Mr. Burkeen said the Sheriff's Office dispatches for many agencies and there is a lot of call volume. The Chief said there are eight police calls to every one fire call. Mr. Burkeen said the possiblility of error would be reduced by the transfer. (PSAP - Public Safety Answering Point) 2 06.045 9-12 13-22 05.138 23-26 06.083 27-31 Regular City Council Meeting April 26, 2006 Page Three C. Temporary Environmental Advisory Committee i. Presentation of 2006 Goals & Obiectives (no backup) Trish Adams, thanked staff for their assistance and then listed their recommendations: (see list attached) She said it was apparent that there was no one person working for the City charged with making sure that natural resources are being protected. 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 - April 5, 2006 Special Meeting B. Approval of Minutes - April 12, 2006 Regular Meeting C. Award Bid for Tree Purchase for Division of Forestry Emergency Supplemental Urban and Community Forestry Grant Award in the Amount of $28,395.60 to Florida Landscape Brokers in Groveland (Public Works Transmittal, Specs, Bid Proposal Price Form) D. Approve Alcoholic Beverage Use at Community Center Event - Cristofori Reception on May 13, 2006 - Age Verified (PW Transmittal, Application) Ms. Coy removed item A for discussion. On MOTION by Mr. Burkeen and SECOND by Ms. Coy items B, C, and D on a roll call vote of 5-0. Item A Ms. Coy directed Council's attention to page ten of the minutes and asked if a contract is legitimate if not signed by all Charter officers. The City Attorney said all signatures should be on any contract to be considered fully executed and agreed that there could arguments in both directions if challenged. She said if it ever came up she would express her concern. On MOTION by Ms. Coy approve and SECOND by Mr. Burkeen item A was approved on a voice vote of 5-0. 3 Regular City Council Meeting April 26,2006 Page Four 8. COMMITTEE REPORTS/RECOMMENDATIONS 06.062 33-40 A. Charter Review Committee (City Clerk Transmittal, Two Applications) i. Interview. Unless Waived and Submit Nominations for Vacant At-Larqe Positions City Council addressed Ms. Beck and interviewed Ms. DeSanctis. Ms. Cummings was not present. Mr. Neglia nominated all three applicants to the three vacant positions and they were all appointed to the remaining three at-large positions. 06.031 41-57 B. Planninq and Zoninq Commission (City Clerk Transmittal, applications, list, ad) i. Interview, Unless Waived and Submit Nominations for One Position Term to Expire 4/1/2008 ii. Fill Alternate Position If Necessary Mr. Buchanan was not present. City Council interviewed Mr. Morrison, Mr. Gilliams and Mr. Cardinale. Mr. Neglia nominated Mr. Buchanan Ms. Coy nominated Mr. Morrison. Mr. Paternoster nominated Mr. Cardinale. Roll Call Mr. Paternoster - Charles Cardinale Mr. Neglia - Hank Buchanan Mayor McCollum - Charles Cardinale Vice Mayor Burkeen - Charles Cardinale Ms. Coy - Jim Morrison Mr. Cardinale was appointed to the regular member position. C. Tree Advisory Board ii. Request Permission to Broadcast Committee Endorsed Environmental Proqrams on Channel 25 that Meet the Requirements of the City Broadcast Policy (no backup) Patricia Beckwith requested showing public information videos on Channel 25 and the City Attorney pointed out that this was an administrative function under the City's Broadcast Policy. 4 Regular City Council Meeting April 26, 2006 Page Five In regard to Ms. Beckwith's request for the hiring of an environmental inspector, Mayor McCollum said this would be addressed during the budget for 2006/2007. 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 Neil Lagin, member of the Tree Board, said he intended to bring an item to Council regarding a City plant sale. W.L. Hooker said to build a boat ramp you need to get maximize use of it, but you do not create obstacles, and public access has not kept up with population. He said the City does not have enough property, and that people are inconsiderate and discourteous. He said Indian River County gets $75,000 a year from a State of Florida Boater Improvement Program fee; that charging for use of the ramp or lot will cost the City money; and that boaters need to be more considerate. Mary Ann Krueger, said she was disappointed Council kept the $400,000 in the CIP for Barber realignment; recommended Council send Planning and Zoning to school because they would not allow the public to speak until Damian fought; said the City needs signs to protect endangered species; and needs an Environmental Planner. Ruth Sullivan, Sebastian, asked about the ordinance regarding limiting building height on the west side of Indian River Drive. The City Attorney said there are several conflicting provisions in the Code, he has reviewed federal law, and staff is currently looking at measuring from the height of the road, and will then come back to Council in approximately a month. Mrs. Sullivan said if federal money is used for the ramps everyone would have to be charged the same amount of money. Damian Gilliams, said there is $ 7 million set aside in the CIP, and maybe Council could rearrange its priorities in keeping with what the public needs. Mayor McCollum called recess at 8: 1 0 p.m. and reconvened the meeting at 8:20 p.m. 11. OLD BUSINESS , 1- 5 06.084 59-61 06.085 6369 06.086 71-80 Regular City Council Meeting April 26, 2006 Page Six 12. NEW BUSINESS A. Authorize City Manaqer to Enter Into Three-Year Contract for Auditinq Services with Harris. Cotherman. Jones. Price & Associates with an Option for Two Additional One-Year Periods (Finance Transmittal. Evaluation Sheet. 7 Proposals available in City Clerk's office) The City Manager briefly reviewed the RFPs for auditing services. On MOTION by Mr. Neglia and SECOND by Mr. Paternoster, City Council authorized the three year contract for auditing services with Harris, Cotherman, Jones, Price & Associates with an option for two additional one-year periods on a roll call vote of 5-0. B. Sh3rks Footb311 Te3m Use Agreement for B3rber Stroet Sports Complex (City Attorney Tr3nsmitt31, Agreement) This item was withdrawn during agenda modifications. C. Rotary Club Request for Use of Riverview Park for Home Show on March 24-27. 2007; Closure of Sebastian Boulevard and Sale of Alcoholic Beveraqes (Parks Transmittal. Memo. Layout. Application) Susan Daberkow, on behalf of the Rotary Club, for a home show in 2007, requested use of Riverview Park for a home show to include beer and wine sales and closure of Sebastian Boulevard. Ms. Coy asked if this was something that could tie into Mr. Lagin's use or would conflict with it. He said he could kick it around with the Tree Board but was opposed to alcoholic beverages. Ms. Coy asked if the Rotary Club would include the Tree Board and Garden Club. The City Attorney said he thought the Garden Club already had a sale at the Garden Club Park, but Mr. Lagin said it was a small sale and not the show and sale he was discussing. In response to Ms. Coy, Ms. Daberkow said most funds would remain in Indian River County. In response to Mr. Paternoster, Ms. Daberkow said she was asking only for closure of Sebastian Boulevard. Mr. Paternoster said use of all grass parking would eat up boater parking, and said he did not approve of alcohol sales. In response to Mr. Neglia, Ms. Daberkow said they would limit the number of vendors; and would have items and pictures of items typically found at a home show; and there would be no sales of pesticides or items such as that but there may be sales of plants, vegetables and garden type things. Mr. Neglia said he would appreciate them getting along without beer and wine, and was concerned about using three-quarters of the park and closing Sebastian Boulevard on Friday night. 6 Regular City Council Meeting April 26, 2006 Page Seven Mayor McCollum said he did not think alcohol in the park is appropriate with youth groups at the event. Mr. Burkeen said he would support the event but not alcohol sales. Mr. Paternoster suggested sectioning off a portion of parking for boaters. The City Manager suggested keeping Cavcorp open for boaters and using the property south of Riverview Park for the event. On MOTION by Mr. Burkeen and SECOND by Mr. Neglia the item was approved with the exclusion of alcohol and provision not to close Sebastian Boulevard on Friday night on a roll call vote of 5-0. 13. CITY ATTORNEY MATTERS The City Attorney explained why public comment was not allowed at Planning and Zoning during an appeal hearing because it was quasi-judicial proceeding and only factual testimony would be taken. He further explained that Planning and Zoning approved a waiver to Riverfront provisions to allow a continuous awning; reported that CDBG funds were used to improve Cavcorp so there can be no discriminatory charging for use; but could reserve the boat trailer lot at Main Street for city residents since it was purchased with City funds and not grant funds. The City Attorney commended Jim Sexton and Sally Maio for their participation in Relay for Life. 14. CITY MANAGER MATTERS The City Manager updated Council on the landscaping project and will provide them with a memo tomorrow. 15. CITY CLERK MATTERS Thanked Relay for Life team members and Council who supported them, announced the City team, Commissioner Davis for his support, and reported the team had collected $6,320. 16. CITY COUNCIL MATTERS A. Ms. COY Ms. Coy commended the Relay for Life participants, and announced her heroes were the Sebastian Property Owners who opened their wallets to assist a woman who needed monetary assistance to file to become a citizen of the United States. She then noted she would have to cancel her public forum on May 1 st. 7 Regular City Council Meeting April 26, 2006 Page Eight B. Mr. Paternoster Mr. Paternoster discussed people calling city hall and getting answering machines and not getting responses; asked the City Attorney to look into a magistrate process for Code Enforcement cases and parking tickets; and said proper deployment of personnel for Code Enforcement issues is being addressed. Ms. Coy said she would be interested in hearing about the magistrate process in the very near future. C. Mr. Neqlia Mr. Neglia said the Supervisor of Elections is seeking poll workers and that either Kay Clem or a representative of her office will appear before Council on May 10th. Mr. Neglia discussed dead pine trees on empty lots throughout the City and asked what Council could do to require that they be cut down. The City Attorney said under nuisance laws if a tree is a danger to an adjacent property owner's home or if there is a fire hazard. Mr. Neglia thanked everyone for Relay for Life. D. Mr. Burkeen Thanked everyone for Relay for Life. E. Mayor McCollum i. Discussion and Direction Reference the Fish House Project (e-mails) 06.087 81-82 Mayor McCollum said he had placed this item to consider what Council might want to do with this issue, that Council would take a vote at 10:30 pm if necessary to consider extending the meeting to 11 pm and will not go past 11 pm. He said he was willing to call a special meeting for tomorrow night if necessary. Fred Mensing spoke in support of Council finding the additional funds to purchase the property. Peter O'Bryan, Sebastian River Area Chamber of Commerce, submitted a letter (see attached), and urged that Council supplement the funds needed to purchase the property with CRA funds. Maureen Cummings, Sebastian, said there are too many problems with this issue to consider purchasing it, and said she knows of other sites that are older and less expensive and available. 8 Regular City Council Meeting April 26, 2006 Page Nine John Oakes, Birch Court, Sebastian, said County Commissioners voted in favor of purchasing this property for 7.6 million, that the property does meet the criteria of the bond; that licensed and trained appraisers have found this property to be worth 8 million, that Jackson Street improvement is irrelevant at this time, that the City Manager was quoted as saying that the money can be found if the Council decides to do it. He said anyone who speaks against this, even Council members, will be perceived as just playing politics. He asked Council to vote to do the right thing. Ruth Sullivan, Sebastian, said the County Attorney advised that contingencies referenced in the County motion would not be allowed; said Mr. Adams has been paid enough by this City; noted that the Adams property is developed and the City can benefit by taxes; said she lives in the CRA district and pays taxes to the CRA; urged that Council not spend City funds on this project; and said although Archie Smith was referenced on the County agenda it was not part of this deal. Robert Capp, said this is the only place where there is a deep channel from the river; and recommended buying the property. Richard Thomas, 13845 Indian River Drive, Sebastian, said the Dodgers played ball right here where we are sitting right now; said he and his father served on Sebastian City Council; said this is a good County project and the City should jump right in the middle of it; he said it is environmental and educational project; and asked Council to consider this County/City community project. Mason Bowen, Orange Avenue, Sebastian, local commercial fisherman, said this purchase could show what Sebastian was all about for years to come. Captain Albert ??, said this is a good property, said an old oysterman in Grant told him to go into debt for riverfront property; and is a good thing for the community. Michael Fitzpatrick, tenant at Capt'n Butcher, said he supported the project; and that the City made a good investment in the parking lot and got a good deal. Captain ??, commercial fisherman, said fisherman need a place to load and unload. Russell Herman, said it would set an incorrect precedent to use taxpayer funds to purchase the property. Bettina Boudrot, said Council should pay its share to keep the waterfront beautiful and enjoyable. Doug King, who sells fish commercially, urged Council to support the purchase. 9 Regular City Council Meeting April 26, 2006 Page Ten Ruth Stanbridge, County Historian, said Archie Smith/Johnny Mays is a true historical site, cited Sebastian's CRA mission from the 1990's, and said the Indian River Lagoon and the CRA district will lose if this purchase is not made. Tim Adams, commercial fisherman, said Archie Smith is on the historical register, but Johnny Mays Marina was established before Archie Smith, said this is a first class marina and is entered into the clean marina program, could be an educational opportunity for students, could house grad students, and urged Council not to let the waterfront slip away. Becky Hoch, said her saddest day was when they tore down Sembler's fish house; said an opportunity like this is not going to come around again and urged Council to think about the long term and purchase this property. Chris Benson, Indian River Drive, Sebastian, said access to the lagoon is very important, read from an article in Treasure Coast magazine about Sebastian and its fishing history; and urged Council to vote for it. ???, 75 year resident, said most men in Sebastian made their living fishing, said he hoped the purchase is made to preserve the fish house. Brad ??, said he was confused and wondered about a fish house being a tourist attraction; said commercial fishing did not seem compatible with research and education; and asked what the City's vision was. Donna Keys, said the controversy seems to be the funding source, but the question is will the City partner with the County. She exhibited the Charrette drawings for the subject area of Indian River Drive. She exhibited costs for Jackson Street improvements; she presented a conceptual drawing of improvements, which would be allowed under the site plan; she cited as an example the missed opportunity to purchase all of the Cavcorp property for $485,000 from Henry Fischer when it was offered in 1987, rather than the 2/3 purchased in 1991 for $742,500. On MOTION by Mr. Neglia and SECOND by Mr. Paternoster the meeting was extended to 11 pm on a voice vote of 5-0. Bob Mallory, commercial fisherman, urged Council to purchase the property. Joe Baird, said the County and City have shared costs for many projects and asked for Council to fund $350,000 for this purchase. County Commissioner Wesley Davis, said there is an effort to save over-the-water fish houses, and that each member of Council has an opportunity to save history for $350,000. 10 Regular City Council Meeting April 26, 2006 Page Eleven Mayor McCollum closed the public input at 10:29 p.m.; and commended everyone who has been involved. He said that most of the people who spoke at the County Commission meeting were here ten years or less and do not know how much fishing was part of Sebastian's history; said he does not object to spending the money for this because he knows how it was; and that all past and present Councils have referred to the small fishing village. He talked about a small Amish town he visited in Indiana and the Indy 500 Hall of Fame; and said he wants the fishing village to be there for the children of the future in Sebastian for educational purposes. Mr. Burkeen said instead of preserving our history in pictures he wants his kids to be able to touch it; and said he was willing to take the criticism and would support the funding. Ms. Coy said her phone has been ringing off the hook, equally pro and con, that tonight was a different view of the issue; said she could argue either side whichever side she chose, that arguments for both sides are good, and she continues her support for the project, but her support does not include $350,000 from the City. She said she attended another Land Acquisition Committee meeting today, and found out that Mr. Adams has not formally turned down the $7.6 million offer and it will be open until June 15th. Mike Zito. Assistant County Administrator, said Mr. Adams has not yet formally canceled his option although he had verbally stated he would not accept the $ 7.6 million. Ms. Coy said this is not personal but is a matter of fiscal responsibility and she is not willing at this time to invest $350,000. She noted that the County may be reimbursed for some of its funds but the City will receive nothing back. She said the City should wait to see if Mr. Adams accepts the deal. Mr. Sexton said he spoken to Mr. Adams and he said he was not willing to accept the offer but would be willing not to terminate his contract at this time. Mr. Paternoster said he has supported this as a great project for the County. He said he has received numerous e-mails and telephone calls and most were not in favor of this issue in reference to a business plan, said he appreciated everyone's input tonight; but the project has too many open ends to it; and said he needs more information as to how this is going to affect the City. Mr. Neglia said he supported this when it came forward, when he thought it was Archie Smith; cited the e-mails he got that were opposed to it; stating that when they first heard about it he was excited and thought how great it would be to be a fishing village again; but had made it clear he would never support Sebastian subsidizing this project. He said the same people who asked him to support annexation to obtain taxes are now asking me to purchase this property and take it off the tax rolls. He said if Mr. Qavi& Adams won't take the $350,000 he can build his condos as approved in the site plan. 11 Regular City Council Meeting April 26, 2006 Page Twelve Mr. Burkeen said Council members' campaigns ran on preserving the City, and an opportunity is before Council to stop commercial development at a small price. MOTION by Mr. Burkeen and SECOND by Mayor McCollum to authorize the City Manager to appropriate funds not to exceed $350,000 to assist the County in purchasing the Capt'n Butcher property. Mayor McCollum said he was shocked and that this is the same group of Council members who want to change regulations on the river for height and have concern for protection of wildlife. He told the public when we have three story condos they can call Mr. Neglia. County Administrator, Joe Baird said the City could add to the motion that the City could get some SCT money back, and Mr. Burkeen said he would add to his motion that the City recoup 75% of our investment also and Mayor McCollum seconded the addition. At the request of Ms. Coy, the City Clerk stated the gist of the motion was to authorize the City Manager to find the funds to fund the rest of the project and Mr. Burkeen added "up to $350,000 and the County's extended up to 75% match, if they get it, we can be refunded up to 75% of our investment". Mr. Zito said there would be an application process and the County will be actively seeking funding sources from Florida Communities Trust and other sources and it is staff's recommendation that the County Commission consider a pro-rata partnership . On Roll call the motion failed 2-3 (Coy, Neglia, Paternoster - nay) Mayor McCollum adjourned the Regular Meeting at 11 :03 p.m. Approved at the 5/10/06 regular meeting. p~ - Brian Burkeen, Vice-Mayor AT~:J/)~. // \ /1/) - ___Jo~et Lf' )///~- Sally A. ft1;;J, MMC - City Clerk 12 Submitted to Council by Pat O'Brien, President of Chamber at the 4/26/06 meeting. CRA Mission: The City of Sebastian The City of Sebastian originally created a CRA as a means to ensure that the downtown and surrounding vicinity would develop with a coherent community vision, and to encourage reinvestment throughout the CRA. According to the CRA documents Sebastian reached a milestone in 1920, when the Sebastian Roseland area increased to over 200 and was considered "an established fishing center." (page 2) Since 1990, when the Riverfront Study Committee was created by the City, one of the goals of established by the citizens who participated in committee meetings, charettes, was the preservation of the Old Florida Fishing Village design theme. (Page 1) It is mentioned a number of times within the CRA master plan and is referenced as the main architectural guideline. (Page 7, 13, IS) The CRA master Plan was adopted in 1995, and it was revisited in 2000 and 2001 with Treasure Coast Regional Planning charettes that were well attended, In Program and Policies of the Master Plan, page 27, there is a paragraph that reads Historic Building Rehabilitation Program: Part of the City's National Register of Historic Places District is located within the boundaries of the CRA. This program will provide matching funds, a loan, or a grant to owners of historic structures within the CRA for building rehabilitation and restoration activities. This program will encourage adaptive reuse of historic structures, and may also provide partial funding for new construction adjacent to historic structures that are built in a complementary architectural form and scale. Sebastian Comprehensive Plan The CRA furthers several important goal, objectives, and policies in the Future Land Use Element of the Comprehensive Plan, Page 3S): FLUE Policy 1-3.3.4 Waterfront Theme. The overall theme of the Riverfront District is an "Old Fishing Village." All city facilities and projects shall complement that theme in terms of design... FLUE Policy 1-3.3.6 Preservation of Existing Assets. The protection, restoration and enhancement of existing assets, including historical structures, is important in implementing the "Old Florida Fishing Village" theme. The City shall adopt procedures and ordinances to protect, encourage restoration and to provide enhancement of existing assets in the Riverfront District through the land development code... 2006 Goals & Objectives of the Temporary Environmental Committee 1. Request that the city hire an environmental staff position (next budget cycle) 2. Review city ordinances, investigate measures to increase protection of our waterfront resources; 3. Review city ordinances, investigate measure to increase conservation of natural resources (e.g. plants and animals) and provide recommendations to city council 4. Promote public awareness and outreach through: workshops or events (e.g. Integrated Pest Management Workshop, Earth Day Festival); providing backyard habitat information on channel 25 or city website; promote a wildlife friendly city concept; partner with local groups (e.g. ELC and SRHS Environmental Science Academy), and promote methods to minimize storm water run-off to the IRL and Sebastian River 5. Continue to coordinate with other boards (e.g. Tree Board) and committees as warranted 6. Encourage the use of native vegetation exclusively on city property and 7. Investigate the establishment of a resource protection fund through impact fees associated with new construction.