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HomeMy WebLinkAbout06142006 CIn' Of HOME OF PELICAN ISlAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 14, 2006 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the meeting to order at 7:00 p.m. 2. Mayor McCollum led the Pledge of Allegiance. 3. Father Morrissey of St. Sebastian Catholic Church gave the invocation. 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 M IS Systems Analyst, Barbara Brooke Airport Director, Jason Milewski Parks Supevisor, Chris McCarthy Police Lieutenant, Michelle Morris 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-05-06) Mayor McCollum requested removal of item 12B; and Vice Mayor Burkeen requested removal of item 12A. On MOTION by Ms. Coy and SECOND by Mr. Burkeen the agenda was approved as amended on a voice vote 5-0. Regular City Council Meeting June 14, 2006 Page Two 6. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 06.106 A. Completion of Advanced Institute for Elected Municipal Officials Certificates to Council Members Coy & Neglia Mayor McCollum read and presented the certificates to Council Members Coy and Neglia. 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 items, 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. 1-3 A. Approval of Minutes - May 24, 2006 Special Meeting - CDBG Public Hearing and Fair Housing Workshop 5-14 B. Approval of Minutes - May 24, 2006 Regular Meeting 15-22 C. Approval of Minutes - June 7, 2006 Special Meeting On MOTION by Mr. Burkeen, and SECOND by Ms. Coy, items A, Band C were approved with a roll call vote of 5-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS 06.045 A. Environmental Advisory Committee i. Member Report Mary Ann Krueger, Vice-Chair, Environmental Advisory Committee, reported that this is the best committee she has worked on; said the committee is still pursuing the environmental specialist position, is working on organizing a 2007 Earth Day, interested in updating and enforcing wildlife regulations on a local level above and beyond U.S. Fish and Wildlife, including gopher tortoise regulation, requested feedback on a letter the Tree & Landscape Advisory Committee drafted which had been mailed to landowners before they build and bulldozed their lots, and said she knew Council had read the last minutes and listened to the meeting tape. She asked that a letter that had been drafted to the Army Corps of Engineers requesting they put on hold a proposed development on Englar Drive, which the Committee thinks is a threat to the environment, be approved and mailed. The City Manager said he had read the letter and his recommendation was not to send it at this time because the application has not come before Planning and Zoning and was premature. He said at the time of subdivision plan review is when those comments can be considered by Council, and if Council goes on the record opposing this now it may create a problem. 2 Regular City Council Meeting June 14, 2006 Page Three Ms. Coy said this may not come before Council and asked for notification when it is to go to the Planning & Zoning Commission. Ms. Krueger said she is sad to hear this because we have to let developers know about these issues; and she has no trust in the Planning & Zoning Commission. The City Attorney asked if this was her personal opinion or the opinion of the committee. Kristi Yanchis, member of the Committee, said she understood the committee was a little bit overzealous at its last meeting and apologized for it, and said with Trish Adams and Council's guidance, the committee does not intend to make the same mistakes. ii. Discussion - Sunset Committee Mayor McCollum said he had listened to the meeting tape, and the committee's recommendation was to send this letter, not to take it to Council, that there were allegations made by committee members that City staff is up to something. He said he will not tolerate this from a committee of the City, that comments about Barber Street widening were more than overzealous. He said he would like permission from Council to attend their next meeting to advise them on their duties and responsibilities. Mr. Burkeen said he has feelings in both directions and would support Mayor McCollum attending the meeting, though he was disappointed in what he heard on the tapes. Ms. Coy said she listened to the meeting and was disappointed, but was not willing to let the board go and would support the Mayor's offer to go on Council's behalf and explain the role of an advisory board. She said Mary Ann Krueger is her appointee, and sometimes the line between personal and private is hard for her. She said this is an important committee, and would put up a fight sunsetting the committee unless we had an environmental staff position. She said she did not want this to happen again, and we need to reiterate that. Mr. Paternoster said also listened and attended the meeting, and has attended several others. He said he would not want to see the committee sunsetted, and does believe the City needs an environmental position. He supported Mayor McCollum attending the next meeting. Mr. Neglia said he also attends meetings and they start out okay and then things are said that shouldn't be said. He said he spoke to Trish Adams and thought they had a great talk. He suggested that the committee be knocked down to five people and that a Council member be one of them, and follow rules in place. 3 Regular City Council Meeting June 14, 2006 Page Four Trish Adams, Chairman, Environmental Advisory Committee, said she was on vacation for the last committee meeting, and if she was there the letter to Army Corps would not have gone to this point, noting she said at a previous meeting that the committee would discuss the letter and recommend it to Council. She said she had recommended that individual members were advised that they could have sent individual letters but this letter would have been counterproductive at this time. She said she will be sure that the meetings are run more productively and no negative comments about staff and council will be made. She said the committee has been making recommendations and hopefully the committee will go through their punch list with the Mayor at the next meeting. She said there has not been a staff liaison for quite some time, and a lot of time issues could be nipped in the bud if someone from staff was there. She suggested the new Growth Management Director. Dale Simchik, Easy Street, Sebastian, said the Environmental Committee is a good one and is important, and suggested fine-tuning their mission statement and keep it alive and going. The City Attorney advised on the status of County Commissioner liaisons. The City Manager advised on composition of different environmental committees sometimes working with members of various City committees. He expressed concern for a staff liaison and what the duties and responsibilities of the liaisons would be and suggested a Council member acting as liaison to the Committee would directly hear the concerns of the committee. Ms. Coy said she would not feel comfortable with a Council member as a voting member, but would be okay with a Council member being a non-voting member and perhaps on a rotating system. The City Attorney said there would not be a problem with a Council member sitting with the board and acting in a non-voting capacity. On MOTION by Mayor Mccollum and SECOND by Ms. Coy, Council selected Mr. Neglia as the non-voting liaison to the committee on a voice vote of 5-0. Mary Ann Krueger resigned from the Environmental Committee. Ms. Coy said she would make a new appointment before their next meeting. City Attorney advised that the meeting notice state that two or more council members may be in attendance. 06.022 23-26 B. Code Enforcement Board (City Clerk Transmittal, Order) i. Receive Order 2006-9322 Orders were received and no action was required. 4 Regular City Council Meeting June 14,2006 Page Five C. Parks & Recreation Advisory Committee (City Clerk Transmittal, member list, applications, ad) i. Interview Unless Waived and Submit Nominations for: a. One Zone B Member with Term to Expire 5/31/09 Ms. Coy nominated Cindy Falco to zone B, and being no other applicants, she was appointed. b. One Zone D Member with Term to Expire 5/31/09 Mr. Neglia nominated Mr. Miller to zone D, and being no other applicants, he was appointed c. 2nd Alternate Position to Expire 5/31/09 if Desired bv Council Ms. Coy nominated Walt McCarty to the 2nd alternate position, and being no other applicants 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 Daniel Mora, Joy Haven Drive, Sebastian, discussed a Code Enforcement case, and asked why he cannot put water into the canals and why he can't use canal water to run his sprinklers, specifically three days rather than two. The City Attorney said if he is pulling water from the canal, he can water at any time under the new St. Johns River Water Management District rule. Dale Simchik stated other agencies work independently from the City because many plan specifications have been already developed by the land owner. She asked Council to read Land Development Code 54-4-18.4 "Information to be included in site plan," because she is concerned with section 7b stating agencies provide evidence that any necessary permit be obtained for any activity that will impact wetland communities. She further stated section c provides that if intergovernmental coordination efforts are incomplete, the applicant shall provide evidence of good faith efforts that issues have been resolved. She stated the City might not want to take the chance on good faith effort and suggested an environmental specialist be hired perhaps on a per diem or case-by-case basis. She said she was concerned about the Fleming Street extension cutting through this ecosystem, noting it was originally planned to be two lanes. She said she is doing all that she can as an individual and asked that Council be sure that the Land Development Code is followed. 5 Regular City Council Meeting June 14, 2006 Page Six Pat Hall, Sebastian, Collier Creek Estates homeowners association, though speaking as an individual, said Collier Creek Estates is a unique and desirable community, said he has noticed since Easy Street was opened there is a higher rate of vandalism in the area, and that opening Fleming through their community will completely divide and change, not in a positive way, the face of Collier Creek. He further said he was in support of Mrs. Simchik and hoped the Land Acquisition Committee could purchase the property. He asked Council to do whatever it could to help maintain the land in its natural state. Louise Kautenberg, Sebastian, said the City needs to pay attention to projects already in place in Sebastian and asked that in the next budget the City adopt a realistic regular maintenance program for drainage ditches. Don Wright, 720 South Fischer Circle, President of South Moon Under homeowners association though speaking as an individual, expressed concerns about the proposed Fleming Street extension. He said he was unable to obtain information from the Growth Management Director regarding Fleming Street, was concerned about the cement plant proposed that may use that street as access to the west, discussed a drainage ditch next to which Laurel Preserve has installed a berm which will make it difficult to clean the ditch. He said they would support the Collier Creek position and support purchase by the Land Acquisition Committee. He said he would appreciate a contact within the City for updates on issues affecting the homeowners. Mayor McCollum said he needs to talk to Phil Madsen at Indian River County on the Fleming Street extension. The City Attorney clarified that a corridor area shown on a map that people deem to be the right-of-way it is not the road. George Maib, Ocean Concrete, said they will be trucking to the north and do not have any intention of using Fleming Street except to service contractors in that area. He said it has been alleged that they are driving the Fleming Street project and they are not. He said he will be making a presentation to the Council in the future. In response to Mr. Neglia, Mr. Maib said they will be using Old Dixie to CR 512. Mr. Neglia asked if they have had any discussions with Sebastian. The City Manager reminded that this is a county project dictating what roads will be used. Damien Gilliams, Sebastian, said he was happy to see Council was taking the lead on going to rolled-back rate for 2007; expressed concern about a new school proposed in the south county when most service industry people live in the north county; urged people to call school board members McGarvey, Wilson, and Quimby; and suggested that the Finance Director sit in on meetings as they do in Fellsmere to answer financial questions. 6 Regular City Council Meeting June 14, 2006 Page Seven Mayor McCollum called recess at 8:25 p.m. and reconvened the meeting at 8:32 p.m. All members were present. 11. OLD BUSINESS 06.077 41-75 A. Approve Purchase of FurnishinQs for Airport Administration Building Furniture from Workscapes, Inc. in the Amount of $61,155.60 Including Delivery and Installation (Airport Transmittal. Bid Tabulations, Cost Summary, Specifications) On MOTION by Mr. Neglia and SECOND by Mr. Burkeen, the airport building furniture purchase from Workscapes, Inc. in the amount of $61,155.60 was approved on a roll call vote of 5-0. 06.111 77-87 B. Resolution No. R-06-13 - RenouncinQ Historic Train Depot (R-06-13, 2003 AQreement with Florida Inland NaviQational District (FIND) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, RENOUNCING OWNERSHIP INTEREST IN THE HISTORIC TRAIN DEPOT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. On MOTION by Ms. Coy, and SECOND by Mr. Burkeen Resolution No. R-06-13 was adopted on a roll call vote of 5-0. 12. NEW BUSINESS 06.1 08 06.066 89-96 06.109 97-100 A. Charter Officer Contracts and Appraisal Process - Requested by Vice Mayor Burkeen This item had been removed from the agenda under Agenda Modifications. B. Transfer $57,387 DST Funds from Riverview Park Phase IV Project C4204 to Phase III Project C2217 and Award Bid for Installation of Lift Station at Riverview Park to Aqua Waste Repairs of Fort Pierce in the Amount of $87,387 (Parks Transmittal, Bid Tabulation, References) This item had been removed from the agenda under Agenda Modifications. C. Award Bid for Installation of Special Needs PlaYQround at Friendship Park to Play It Safe Enterprises in Jupiter in the Amount of $33,750 (Parks Transmittal, Bid Tabulation, Reference List, Drawing) On MOTION by Mr. Burkeen, and SECOND by Mr. Paternoster, the bid for the special needs playground at Friendship Park was awarded to Safe Enterprises in Jupiter in the amount of $33,750.00 was approved on a roll call vote of 5-0. In response to location discussion, the City Manager asked that the purchase be approved tonight and location of the equipment could be placed on the next Council agenda. He advised the area behind the Police Department parking lot has been considered. 7 Regular City Council Meeting June 14, 2006 Page Eight Ms. Coy said she would support the location by the Police Department and would not want to see it near the Boys and Girls Club where it might receive extra wear and tear by non- handicapped kids. She asked where else in the City this type of equipment will go. Chris McCarthy said the Parks and Recreation Advisory Committee and a previous Council approved all city parks to have a hard rubber surface and sidewalks so that the handicapped residents will have equipment access at all parks. He said the bid opening will be June 25, 2006 with Council approval scheduled for early July. He said if the location by the Police Department was chosen, additional sidewalk may need to be installed. 06.077 101-103 Mr. D. Approve Expenditure for Water and Sewer Impact Fees to Indian River County Utilities in the Amount of $17,654 (Airport Transmittal. Cost Breakdown) On MOTION by Mr. Burkeen, and SECOND by Mr. Neglia, the expenditure for Indian River County water and sanitary sewer impact fees in the amount of $17,654 was approved on a roll call vote of 5-0. 06.078 105-112 E. Resolution No. R-06-10 Joint Participation Agreement Entitled "Install Aviation Fuel Farm" in the Amount of $125,000 (Airport Transmittal 6/6/06, R-06-10, JPA) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE SUPPLEMENTAL FUNDING FOR DEVELOPMENT OF AN AVIATION FUEL FARM; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Manager briefly explained items E and F. John Van Antwerp, Sebastian, said the only reason for doing this is for revenues; and recommended slowing down airport operations and developing in a more conservative way. He said if it works well you will have a busier airport which residents may not like. He said the biggest reason not to do it is that it is wrong for government to get into competition with private businesses. Wesley Earl, supplier of fuel services to about 40 airports in the local market, offered his advice to the City in looking at this venture. Bob Van Wyck, Sebastian Aero Services, objected to the proposal, stating that the government should not compete with private enterprise, and that it may be illegal but is definitely unethical. John Oakes, Sebastian, asked the purpose for the City to sell fuel. The City Manager responded that it is to diversify revenues in the airport fund, and to provide better services. 8 Regular City Council Meeting June 14, 2006 Page Nine Andrew Wallace, said if we are going into a business to encourage other people to come here and get gas, he is not for that because of increased flight traffic. Wesley Earl said there is no standard price, however, pricing does have an impact, noting Wachulla Airport fuel sales was city operated and they mark up 30 cents a gallon and said he had told them this was a liability to the City because there were inefficiencies. Bob Van Wyck suggested going to airnav.com for fuel prices. Mr. Neglia asked what projects were intended with the grant money. The City Manager said it was intended to purchase land and we are asking FDOT to reallocate and split it to these two projects. Mr. Neglia asked Mr. Van Antwerp what amount of fuel he sells, and Mr. Van Antwerp said when he was selling fuel, it was typically in the 20,000 gallon area depending on the economy. The City Manager said the City was looking to sell about 200,000 gallons. Ms. Coy said her involvement with this was phone calls by local pilots with concerns about fuel not being available. She asked the City Attorney if there is anything illegal about the City selling fuel and the City Attorney said it was not illegal. The City Manager said the average price is $4.47. Mr. Van Wyck said the current price for the fuel he sells is approximately $4.10 for locals and transients pay $4.46. Ms. Coy said if we regulate the price we can also regulate who comes here for fuel, and it is not her goal to be the low guy. On MOTION by Mr. Burkeen, and SECOND by Mr. Paternoster, Resolution Nos. R-06-10 and R-06-11 were adopted on a roll call vote of 5-0. 06.078 113-118 F. Resolution No. R-06-11 Joint Participation Agreement Entitled "Construct Access Road" in the Amount of $125,000 (Airport Transmittal 6/6/06 (see above), R-06-11 , JPA) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FOOT TO PROVIDE SUPPLEMENTAL FUNDING FOR CONSTRUCTING AN ACCESS ROAD (CORPORATE PARK DR.); PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. See above for approval. 9 Regular City Council Meeting June 14, 2006 Page Ten 06.079 119-146 G. Resolution No. R-06-12 Joint Participation Aoreement Entitled "Desiqn and Engineerinq Services for Taxiwav C" in the Amount of $157,894 (Airport Transmittal 6/6/06, R-06-12, JPA) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORATION JOINT PARTICIPATION AGREEMENT WITH FOOT TO PROVIDE FUNDING FOR DESIGN AND ENGINEERING SERVICES FOR TAXIWAY C; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Manager explained the project. On MOTION by Mr. Burkeen, and SECOND by Ms. Coy, Resolution No. R-06-12 was adopted on a roll call vote of 5-0. 06.096 147-152 H. First Readino Ordinance No. 0-06-06- Code Enforcement Special Master - Set Public Hearing for July 12. 2006 (City Attorney Transmittal. 0-06-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, ARTICLE VI, DIVISION II, CODE ENFORCEMENT BOARD AND RENAMING SAID DIVISION CODE ENFORCEMENT; AMENDING CODE TO REFLECT USE OF SPECIAL MAGISTRATE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-06-06 by title and explained the intent of the ordinance to change the method of Code Enforcement to a Special Magistrate rather than a Code Enforcement Board, due to the fact that it is a better method to use in complex commercial legal cases and it is better to have an attorney acting on our behalf. John Oakes, Sebastian, asked if are there any negatives to this decision. The City Attorney said the one thing you will lose is the human touch, but by the time most people will see a magistrate they will have received three noticed deadlines to comply. Mr. Oakes then surmised that this would not affect the average citizen. Mr. Paternoster said this is only the first of other phases he plans to propose, the next being the residential enforcement where a lot of problems exist. He said this is no reflection on the Code Enforcement Board, which he said, has done a great job. On MOTION by Ms. Coy, and SECOND by Mr. Neglia, Ordinance No. 0-06-06 was passed on first reading and public hearing was set for July 12, 2006 on a roll call vote of 5-0. 13. CITY ATTORNEY MATTERS - None 14. CITY MIANAGER MATTERS - None 10 Regular City Council Meeting June 14, 2006 Page Eleven 15. CITY CLERK MATTERS 06.110 153 A. Christmas Parade 2006 (City Clerk Transmittal) The City Clerk reported on a brief meeting of participants in last year's parade and asked Council's concurrence to conduct the parade on December 2nd, and said the group will come back with more specifics on street closings after they talk to business owners. On MOTION by Mr. Neglia, and SECOND by Mr. Burkeen, City Council agreed with the Christmas Parade on December 2,2006 as requested on a voice vote of 5-0. 06.092 155 B. Approve Early VotinQ in City Council Chambers for September and November Elections and Concur with Space in Old City Hall/Schoolhouse Building for Future Early Voting (City Clerk Transmittal) The City Clerk requested Council's concurrence to use the Council Chambers for fall early voting, and approval to assign a location for future early voting in the newly renovated old school house/city hall to the Supervisor of Elections. Mayor McCollum suggested it might be better to give the City Clerk blanket approval for all early voting in the City facilities. The Clerk explained that it will take place in the new City Hall Council Chambers unless the renovation project is completed in time and a new location is designated. On MOTION by Mr. Paternoster, and SECOND by Ms. Coy, City Council agreed with the use of the Council Chambers for all early voting and agreed to a location in the old schoolhouse/city hall building upon completion of the renovation on a roll call vote of 5-0. 16. CITY COUNCIL MATTERS A. Mayor McCollum Mayor McCollum announced that Commissioner Wesley Davis is away, and that Commissioner Tom Lowther will meet with him at his public forum the next third Tuesday of the month from 6 pm to 7 pm. He asked if the City had jurisdiction on Old Dixie and if there was any provisions for a toll road. The City Attorney said he would research it. He congratulated J-Med for its sponsorship of a winning Indy car and the notoriety they are receiving; asked if any Council members have interest in a float for the 4th of July and then decided to hold this off to the next meeting. 11 Regular City Council Meeting June 14, 2006 Page Twelve B. Mr. Burkeen - None C. Ms. Coy Ms. Coy said John Dossell gave a kudo to the City for installing cleats and bumpers on docks at the request of Mr. Paternoster; said he had asked why the "no dogs" sign had been removed from the docks and it was explained that people can take their dogs out on the small loading docks to get in and out of boats but they are not allowed on the long twin piers. She asked that people use common courtesy when they are walking large dogs. Ms. Coy gave a dodo reference to East Coast Sod and Landscaping, a contractor for Adams Homes, for again blocking Easy and Dickens while unloading dirt onto property that was not theirs, though she said she had called Randy at Adams Homes, found he had left the company and spoke to Clay Patton and he made excuses. She said she then called the police but the truck had left by the time they arrived. She said her hero was Gail Cavanaugh of the Treasure Coast Builders, who she called and who contacted Clay Patton, and he said he will look at this issue and will have a new outlook. Ms. Coy, on behalf of the City Clerk, announced the Charter Review Committee would conduct public hearings on July 17 and August 14, 2006 at 6:30 p.m. on recommended Charter amendments. Mayor McCollum said the Castaway Marine had just finished their fishing tournament and they had banners all over the place. He would like to put on next agenda to contact the company and let them know that they may not use the Park in the future. D. Mr. Paternoster Mr. Paternoster said his forum will take place on June 2ih from 6 - 7 pm in City Hall; asked if signs showing additional parking near snowshoe house had been installed and the City Manager said he will talk to staff again and this will be accomplished; asked about the progress of the ditch and swale maintenance and the City Manager said he was still putting together numbers and hopefully by the next meeting will be able to report what the cost will be to clear all ditches in this fiscal year, however, he said to get the number we will have to shift some financial blocks. 12 Regular City Council Meeting June 14,2006 Page Thirteen E. Mr. NeQlia Mr. Neglia said the City Manager has been moving along with the Yacht Club and he was meeting with an artist who will prepare a rendering of what Mr. Neglia would like to see there. 17. Being no further business, Mayor McCollum adjourned the regular meeting at 9:50 p.m. A3 13