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HomeMy WebLinkAbout05242006 ~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 24,2006 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the regular meeting to order at 7: 15 p. m. 2. Council Member Paternoster 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 Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Finance Director, Shai Francis Zoning Technician, Dorri Bosworth Police Lieutenant, Greg Witt MIS Systems Analyst, Barbara Brooke 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) None. Regular City Council Meeting May 24, 2006 Page Two 6. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 06.099 1-3 A. Rav Coniglio - Global Renewable Energy - HydroQen Car (Summary and Grant Information) Ray Coniglio, GRE, asked if Council would like to participate with Global Renewable Energy (GRE) and Florida Institute of Technology for Department of Energy grant funds for a gasifier system for city vehicles to save fuel costs. He requested the City provide a couple of vehicles to let them do the installations. He responded to questions from Council relative to a proposed Memorandum of Understanding, the cost to the City, and possible hydrogen dangers. It was the consensus of council to bring back a Memorandum of Understanding for Council's consideration. 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. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 5-17 A. 19-24 B. 06.100 C. 25-27 06.077 D. 29-33 06.101 E. 35-49 06.102 51-53 Approval of Minutes - Regular Meeting 5/10/06 Approval of Minutes - Special Meeting 5/12/06 Approve Fiscal Year 2006/2007 Budget Calendar (Finance Transmittal, Calendar) Bill of Sale of Water and Sewer Utilities at Airport Administration Facility to Indian River County (Airport Transmittal, Bill of Sale) R-06-08 - Abandonment of Easement - Lot 7, Block 416, Sebastian Highlands, Unit 9 (GMD Transmittal, R-06-08, Map, Report, Application, Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A CERTAIN EASEMENT OVER LOT 7, BLOCK 416, SEBASTIAN HIGHLANDS UNIT 9; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. F. Approve Expenditure of Forfeiture Funds in the Amount of $1 ,500 for Two Benelli 12 Gauge Shotguns from B & H Gun Rack, Inc. for the Police Department (PD Transmittal, Letter) Mayor McCollum removed item E. 2 Regular City Council Meeting May 24, 2006 Page Three On MOTION by Mr. Burkeen, and Ms. Coy, items A, B, C, D and F of the consent agenda were approved on a roll call vote of 5-0. Item E Mayor McCollum asked why this easement was being vacated. The Zoning Technician said there is an existing structure in the easement and was built thirty years ago, that they have not used the easement in 30 years, and are trying to sell the house. She explained there were no LDC regulations in place when the first structure was built. The City Attorney said the permitted screened patio built in 1991 after a fire was allowed by the City, would not be allowed today and was probably the fault of a former employee. On MOTION by Mayor McCollum and SECOND by Mr. Paternoster, item E was approved on a roll call of 5-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS 06.031 55-69 A. Planning & Zoning Commission - Fill One Alternate Member Position (City Clerk Transmittal, Code, Applications, List, Ad) I. Interview, Unless Waived and Submit Nominations for Unexpired, Alternate Member Position to Expire 11/1/2007 City Council interviewed Jim Morrison, Andy Swetz, and Brad White. Mayor McCollum nominated Mr. Swetz. Ms. Coy nominated Mr. Morrison. Mr. Morrison was appointed 4-1 (McCollum - Swetz) Mayor McCollum thanked the other applicants and urged them to continue to volunteer for boards. 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 Dale Simchick, South Easy Street, Sebastian, requested that Council curb growth to assure the safety of existing citizens relative to limited emergency services. She cited a proposed Sebastian Preserve which is the home to wildlife and endangered species, 3 Regular City Council Meeting May 24, 2006 Page Four and said the Growth Management Manager told her an application for development has been resubmitted under the name of Sebastian Harbor. She asked that until permits from the Army Corps of Engineers, St. Johns River Water Management District, and Florida Wildlife Conservation are produced that Planning and Zoning not spend any time on this. She further requested that Council look into this development and others before dumping more people into the system. Ms. Coy discussed survey work being conducted in that area for the possible extension of Fleming Street. Ms. Simchek further stated she thought the county is being pushed to extend Fleming Street. Mayor McCollum said he did not want to get into a large discussion under Introduction of New Business from the Public, but rather do this under Council matters. Bob Peterson and Pete Puzzo, both of Stony Point Drive, Sebastian River Landings, thanked Council for their support, and said he had talked to Publix and been informed the building is a leased building, but that they would talk to the owner. The City Manager said staff had been in touch with Publix for additional landscaping and fencing. Mr. Peterson said the residents have formed a committee to address this issue. Trish Adams, River Oaks Drive, Sebastian, Environmental Advisory Committee, and US Fish and Wildlife staff member, reported that some of the City's lighting on Indian River Drive according to studies done by a group of biologists are quite visible from the shoreline and may be causing a disorientation problem for sea turtles, and asked Council if there was a way to address it. She suggested methods such as turning off lights, shielding the lights, or putting in lower wattage lights and said she would get with the City Manager to put him in touch with people who can assist in this matter. Mayor McCollum suggested she meet with the City Manager and that the Police Chief be included to discuss safety issues. Louise Kautenberg, said the ditch behind her home has not been cleaned in eight years, had been told that the person who said it would be cleaned is no longer working for the City, and that we are out of money. Ms. Kautenberg also said Council should pass their food around. 11. OLD BUSINESS - None 4 Regular City Council Meeting May 24, 2006 Page Five 12. NEW BUSINESS 06.036 71-113 A. Resolution No. R-06-06 2nd Quarter Budget Amendment for Fiscal Year 2005-2006 (Finance Transmittal, R-06-06, Memo, Reports. Schedules, Statement) ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. On MOTION by Mr. Burkeen and SECOND by Ms. Coy Resolution No. R-06-06 was adopted on a roll call of 5-0. 06.103 115-165 B. Resolution No. R-06-09 - Adoption of Six-Year Capital Improvement Program for Fiscal Years 2007-2012 & Six-Year Capital Outlay Plan 2007-2012 (Finance Transmittal. R-06-09. Program, Plan) A RESOLUTION 0 FTHE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING A SIX-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007- 2012 AND A SIX-YEAR CAPITAL OUTLAY PLAN FOR ITEMS GREATER THAN $7,500 FOR FISCAL YEAR 2007-2012; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager reported as directed the air traffic control tower had been removed. On MOTION by Mr. Burkeen and SECOND by Mr. Paternoster Resolution No. R-06-09 was adopted on a roll call vote of 5-0. 06.077 167-189 C. Approve Purchase and Installation of Phone System from Sole-Source Vendor, Siemens Communications, Inc., in the Amount of $42,719.80 for Airport Administration Building (Airport Transmittal, Quotes) The City Manager reiterated his recommendation in the agenda packet to purchase from Siemens as sole source for $42,719.80. He said the credit for cost savings goes to MIS Network Manager, Frank Losardo and Airport Director, Jason Milewski. On MOTION by Mr. Burkeen and SECOND by Ms. Coy the purchase was approved as recommended on a roll call vote of 5-0. The City Manager said this purchase will be made with discretionary sales tax funds and that additional information is available in the Clerks office relative to costs involved with the new airport administration building. 06.104 191-198 D. Approve Interlocal Agreement with Indian River County CommittinQ the City to Pay Apportioned Share of $328,814.00 for Construction of Blossom Ditch Diversion (Engineering Transmittal. letter. Agreements) The City Manager reiterated his recommendation in the agenda packet. 5 Regular City Council Meeting May 24, 2006 Page Six In response to questions from Council, he said the City will not be held responsible by the County for the other portion which would be in the amount of $634,000, but that it will become a future City project which is not currently on the City's priority list and does not have a funding source identified. The City Attorney said we had been flooding the subject private property for years and when the San Sebastian Springs property was beginning to be developed it was discovered but held in abeyance until the CR 512 expansion was begun. On MOTION by Mr. Burkeen and SECOND by Mr. Paternoster the interlocal agreement with Indian River County to pay the City's apportioned share of $328,814 was approved on a roll call vote of 5-0. 13. CITY ATTORNEY MATTERS None. 14. CITY MANAGER MATTERS None. 15. CITY CLERK MATTERS None. 16. CITY COUNCIL MATTERS A. Mr. Neglia Mr. Neglia said he was displeased with Environmental Committee Chairman Trish Adams for her comments made about Council's decision on the fish house issue at the committee meeting, which had nothing to do with her duties. He said his issue was not with the content of her statement but using the forum of an advisory committee meeting to make political statements. He then read from an e-mail from her to Council regarding her statement that she had suspicions about why Council does not listen to the recommendations of the Environmental Committee. He said he would like to know what her suspicions are and said Council does take to heart the recommendations given but have many issues to address and cannot respond to all. He said as far as he was concerned he would like to make a motion to remove her from the committee or remove her as chairman but was advised that the item would have to be added to the agenda. He said he did not intend to put it on tonight. 6 Regular City Council Meeting May 24, 2006 Page Seven Trish Adams apologized if she offended him, said Ms. Coy and Mr. Paternoster had approached her directly and discussed her e-mail with them. She said she supported the fish house decision for a number of reasons, was concerned when he commented "let them build", but later discovered that the council had information that the public did not have and now understood it better. She said sometimes at meetings, members talk about these types of issues. Mr. Neglia asked her again what her suspicions were. Ms. Adams said when she gave her presentation, Council members were shuffling paper and did not appear interested, stating that standing at the podium is a hard place to be. She said her suspicion is that when she brings recommendations she feels that the committee does not get input from Council, maybe because the committee is temporary and maybe Council is not interested. B. Mayor McCollum The City Manager confirmed for the Mayor that the Council approved additional funding for drainage clearing at the last regular meeting in the amount of $177,000. 06.098 i. Selection of New Community Center Site MOTION by Mayor McCollum and SECOND by Ms. Coy the City Manager was directed to compile a list of current city properties where he feels a community center of moderate size would fit and bring it back to in the next couple of meetings. Ms. Coy said she would like to see a list of all City properties as Council was promised some time ago, probably prior to Mr. Minner coming on board. Ms. Coy's suggestion to provide a list of all properties in the City was added to the motion by Mayor McCollum as long as the list of all properties and feasible community center properties was separated. Voice vote on the motion carried 5-0. 06.105 ii. Sidewalk Construction and Funding Mayor McCollum said he reviewed the last meeting tape regarding citizen input about Laconia Street sidewalks and safety issues, and said it is obvious to him that next to drainage, sidewalks is next need in line in the minds of City residents. He said he was of the opinion that we can get most of sidewalk projects done now. 7 Regular City Council Meeting May 24, 2006 Page Eight He then read from a list of streets he provided and additions by the City Engineer; and said he thought as a matter of public safety and convenience we should do this. Linda DeSanctis asked if the sidewalks would be on both sides of the street and if only one side, how do you choose. Mayor McCollum said he is not recommending both sides and selection is based on what is easier to build. He asked if Council has any additions. MOTION by Mayor McCollum and SECOND by Ms. Coy to approve the list of streets and appropriate funding of $970,000 from DST money to complete this project with the caveat as long as it can be done with DST money. In response to Ms. Coy, the City Manager said he hears Council loud and clear about sidewalks but before committing the money tonight requested that they let him bring back more information on other proposed projects such as the community center and the garage. He said Council owes it to itself to workshop the matter. Mayor McCollum said he would agree to that as long as we do it right away. The City Manager said the numbers presented were only an estimate and said he would like to put it into harder numbers, get better projections, and figure out what kind of community center we want. He again recommended a workshop next week or early the following week. Motion and second were withdrawn and suggested instead a Special Meeting instead of a workshop. Other Matters The City Attorney said if Sebastian Harbor came in as straight zoning it will not come back to Council. Mayor McCollum asked the City Attorney to notify Council members if it only goes to Planning and Zoning. C. Mr. Burkeen None. D. Ms. Coy Ms. Coy discussed the need for senior housing and asked Mrs. Paddy who spoke about senior housing to contact her at 388-0961. 8 Regular City Council Meeting May 24, 2006 Page Nine Ms. Coy asked the City Attorney if someone can legally go before our staff and P & Z until all other permits are in place; and the City Attorney said most agencies will not process an application until they know what you have applied for. He said it might be possible to do this with some agencies and if so a code change would be required. Ms. Coy then asked if action can include to approve pending approval by other permitting authorities. The City Attorney responded that the other agencies don't care what we do when they go through their approval process. He said the Sebastian Harbor application has not been sitting dormant here but is being held by Fish and Wildlife because the eagle has moved around, and now that the eagle seems to be staying put in one location, the application may be ready to start moving again. The City Attorney gave a brief history of the Fleming Street extension. He said the City has a general corridor through Laurel Reserve, which gets us to County properties and then a private property where the concrete plant is planned to go. He said it looked like when the concrete plant was being planned they were considering killing the Fleming Street project, but if you look at a map it is clear that Fleming will resolve a lot of car traffic issues, and now the City is coordinating with the County to layout the corridor which is why the surveying is being done. He said if the County dropped the plans for Fleming Street, they would recommend taking concrete plant traffic all the way north on Old Dixie to CR 512 to get to US 1, and that is why staff pushed for Fleming to go out to US 1. In response to Ms. Coy, the City Attorney said Creech Engineering is doing this surveying for Indian River County, and that part of the deal for the development is that the right-of- way for Fleming would be dedicated by the developer. Mayor McCollum said Fleming Street extension is an MPO project and not a City project. Ms. Coy said this property could be on the list for environmental land acquisition but the owner must be willing to sell. Dale Simchick, said she wished we could remove the eagle and that it was stated by Army Corps that there are other endangered species on this property. Mayor McCollum responded that the City is not removing any eagle. She said Indian River County PW Director Jim Davis said there is a push somewhere from the City to progress into hand cutting an area near the area of a sandhill crane nest, which is at the t-bone of the Fleming Street-Easy Street intersection. She said she was assured by Jan King that it is a push and is a priority to get this road. She said there is a missing link that Florida Wildlife Conservation does not answer to Army Corps or St. Johns and those permits must be called upon by P & Z and be made contingent in our permitting process and this language should be put into the City's code. 9 Regular City Council Meeting May 24, 2006 Page Nine Ms. Coy said she called Ms. Adams about her e-mail because it concerned her. She said Ms. Adams is an asset to the community and as a leader of the Environmental Advisory Committee, and they had a long talk. She said the day of the meeting regarding the fish house had been a very long day, said she had apologized to her because Council was shuffling paper and was not paying particular attention to her presentation. She said there were people in Chambers who said other things that night that were not particularly nice and she would not normally expect them to say. She said she would not second a motion to remove her from the committee because she has done wonderful things. Ms. Coy asked if we could expedite Ms. Adams' request to darken the lights on Indian River Drive for protection of the sea turtles. Mayor McCollum asked that this come back to Council before anything is done. The City Manager said he had discussed this with FPL and the cost is relatively high, and that definitive studies should be done to be sure it is Sebastian's lights that are shining all the way over to the beach. E. Mr. Paternoster Mr. Paternoster said Council members are fighting for the ditches to be cleaned. The City Manager said he met with John Conlon, Conlon Landscaping, and they are working on two issues, how many ditches are left to be cleared, and what it will cost to complete. He said he said there another 150,000 square feet of ditches left to clear which could come in at about $150,000 to $300,000 but first an as-built has to be done, but said he would have firmer numbers by the end of the week. He said staff has done a fantastic job of addressing a job that hasn't been done in eight years. Mr. Paternoster asked to add these ditches to the top of his priority list before hurricanes come to get them done with all due haste. Mayor McCollum said he was not aware of any homes flooded during the hurricanes. Mr. Paternoster said he was waiting for the City Manager to bring back information on Code Enforcement duties and responsibilities. In response to question from Mr. Paternoster. the City Attorney said he would bring an ordinance for first reading on the magistrate to the next meeting. , : )11~ '- 10