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HomeMy WebLinkAbout06282006 CITY OF SEBAST~ ~.~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 28, 2006 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McCollum called the Regular Meeting to order at 6 p.m. 2. The Pledge of Allegiance was led by Vice Mayor Burkeen. 3. Jim Hill, son of Public Works Director, Terry Hill, who recently passed away, led a moment of silence, thanked the City for all they have done for the Hill family and took a moment to honor his father. Council Member Neglia requested that this meeting be dedicated to Terry Hill who had been with the City for sixteen years and was Public Works Director for eight years. Mayor McCollum ordered that the meeting was dedicated to him and would remain so in City records. 4. Father Morrissey, St. Sebastian Catholic Church gave the invocation and offered prayers for Terry Hill and the Hill family. 5. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council Member Sal Neglia Council Member AI Paternoster City Council Absent: Council Member Andrea Coy (excused) Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Growth Management Director, Rebecca Grohall Zoning Technician, Dorri Bosworth Police Lieutenant Greg Witt Records Program Manager, Donna Cyr MIS Systems Analyst, Barbara Brooke Regular City Council Meeting June 28, 2006 Page Two 06.1 06 06.107 06.045 06.023 06.024 06.024 1-14 06.037 15 4. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be fJdded only upon a unanimous vote of City Council members (R-05- 26) Mayor McCollum requested the addition of determination of certificate of taxable value to the agenda. On MOTION by Mr. Burkeen and SECOND by Mr. Neglia the item was added on a voice vote of 4-0. 5. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS A. Certificate of Completion to Council Member Paternoster - Florida Institute of Government Institute for Elected Municipal Officials Mayor McCollum read and presented the certificate to Council Member Paternoster. B. Certificate of Appreciation to Michelle Merlin for Parks & Recreation Advisory Committee Not present. C. Certificate of Appreciation to Mary Ann Krueger for Temporary Environmental Advisory Committee Not present. D. Certificate of Appreciation to Harry Enderlein for Code Enforcement Board Not present. E. Certificate of Appreciation to Cindy Falco for Construction Board Not present. F. Certificate of Appreciation to William NaQY for Construction Board Not present. 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. A. Approval of Minutes - 6/14/06 Regular Meeting B. Yacht Club Boat Ramp and Road Closures for Independence Day Celebration (Parks Transmittal 6/19/06) Mr. Paternoster removed item B for clarification. 2 Regular City Council Meeting June 28, 2006 Page Three On MOTION by Mr.Neglia, and SECOND by Mr. Paternoster, item A was approved on a voice vote of 4-0. Item B Mr. Paternoster wanted clarification that the Main Street boat ramp would remain open during the 4th of July event and the City Manager said it would. Mr. Neglia asked why the boat ramp remains closed until 1 a.m. Wednesday and the City Manager explained this was an opportunity to clear out the event before boaters came back in to the docks but that staff could be flexible. Damien Gilliams, Sebastian, said he did not get notification about street closings and he was told Indian River Drive would reopen during the day after the parade. On MOTION by Mr. Burkeen and SECOND by Mr. Paternoster item B was approved on a voice vote 4-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS 06.064 A. Environmental Advisory Committee (Temporary) Appointments i. Confirm Council Appointees a. Vice Mayor Burkeen - Larry Birchmeyer b. Council Member Coy - Dale Simchick 17-18 19-21 On MOTION by Mr. Neglia and SECOND by Mr. Paternoster the appointments were confirmed on a voice vote 4-0. 9. PUBLIC HEARING 06.076 23-24 A. Second Public Hearino Easy Street Improvements Community Block Development Grant (Notice) The City Manager said this second public hearing for the CDBG application was required. Mayor McCollum opened the public hearing at 7:13 p.m. Amanda Sabitini, Jordan and Associates, said the second public hearing was to take public comment on the proposed $750,000 grant for an Easy Street flood and drainage improvement project, new curb/gutter, roadway construction, installation of storm drains, addition of sidewalks and drainage ditch crossings. No one from the public requested to offer input. 3 Regular City Council Meeting June 28, 2006 Page Four Ms. Sabitini said the draft application would be available for public comment. There were no questions from Council. On a MOTION by Mr. Paternoster and a SECOND by Mr. Neglia to approve the grant application and the public hearing by a voice vote of 4-0. 06.113 25-62 B. Resolution No. R-06-14 - Sebastian Crossing Commercial Subdivision Preliminary Plat Approval- Quasi-Judicial (Growth Management Transmittal 6/20/06. R-06-14, Preliminary Plat, Staff Report, P & Z Minutes, Application, Environmental Report) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A COMMERCIAL SUBDIVISION KNOWN AS SEBASTIAN CROSSINGS COMMERCIAL; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Mayor McCollum stated that he would like to postpone this item until July 26, 2006 noting that Ms. Coy was not present tonight and would probably have comments, and that Vice Mayor Burkeen was not going to be at the July 1 th meeting. He then opened the public hearing at 7:15 p.m. MOTION by Mayor McCollum. and SECOND by Mr. Paternoster to table the hearing to a time certain of July 26, 2006 so all members will be present. Bruce Barkett, legal counsel for the applicant, said this is a ministerial matter, said the delay is substantial, and he could respond to any concerns. The City Attorney advised a preliminary plat is not ministerial. The motion carried with a voice vote of 4-0. 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 John Siegler, 1774 Mistletoe Street, Sebastian, said he had been working for several years to keep vegetation from an unimproved property next to him off of his property and asked what the City could do to alleviate the problem. The City Attorney said this has come up several times in the past only to die before final approval, and said he would bring the last draft ordinance for first reading at the next meeting and would provide Mr. Burkeen with a copy since he won't be here on July 12th. Nancy Paternoster, asked for a law to prohibit setting off of fireworks, and Mayor McCollum said there is a ban but the problem is enforcement. 4 Regular City Council Meeting June 28, 2006 Page Five Police Lieutenant Witt said there are laws in place and if called, police will respond with extra personnel on duty during the holiday. Damien Gilliams, 1623 US 1, Sebastian, said he would like to send prayers out to the Hill family and said was touched by how City staff pulled together for the reception at the Community Center; reported the School Board has approved construction of a new high school in the South County. Mayor McCollum said he was going to bring this up under his matters and he would recognize Mr. Gilliams on this at that time. Mr. Gilliams said he was hurt to see that Mayor McCollum would not be running again, commended Mr. Paternoster for his education efforts, said Council should get a salary increase in the next Charter amendments, said he was disappointed that the City Manager's evaluation was not discussed at the last meeting and said he looked forward to discussing it at another meeting, the City needs to work with business owners, said he was pleased with rolled back rate but maybe we need to have a vision for the future for the riverfront so maybe we need to forego rolled back and buy riverfront property, said he has yet to see an audit for the new City Hall building as previously requested by Council Member Barczyk. Mayor McCollum said there is an independent audit that is done every year and it is available for public comment. The City Attorney said the special audit was done and is available. Mr. Gilliams said that audit was only a letter. 11. OLD BUSINESS - None 12. NEW BUSINESS - None 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS new A. Certificate of Taxable Value The City Manager said this needs to be sent to the Property Appraiser's Office to set a maximum mileage rate for the upcoming year. He said we are looking at some tax reduction this year, however he would recommend submitting the current rate of 3.9325 mills as a cap. The City Attorney said he prefers this be done by motion. Mayor McCollum said it was not his intention to have a millage rate above 3.9325 and other Council members echoed his sentiments. On MOTION by Mr. Neglia and SECOND by Mr. Paternoster, Council set a taxable value cap at 3.9325 mills on a roll call 4-0. He noted receipt of thank you letters from the Boys & Girls Club. 5 Regular City Council Meeting June 28, 2006 Page Six 15. CITY CLERK MATTERS 06.112 A. Florida League of Cities Annual Conference (Memos from FLC) 63-65 i. Nominate Official to Resolutions Committee On a MOTION by Mayor McCollum and SECOND by Mr. Burkeen, Mr. Neglia was appointed with a voice vote of 4-0. 67-70 ii. Nominate Votino Deleoate On a MOTION by Mayor McCollum and SECOND by Mr. Paternoster, Mr. Neglia was appointed the voting delegate with a voice vote of 4-0. 16. CITY COUNCIL MATTERS A. Mr. Burkeen Reported that the County School Board approved building a new high school in the South County at a cost of $70 M, and expressed concern that City Council had previously sent a letter of objection to the School Board about north county students being bussed south. He said he wants Council to be pro-active and wants the City to be heard and asked that there be an agenda item toward the end of July to provide time for parents to come and fill Council in on their concerns. Damien Gilliams noted it is actually $76 million, noted Ann Reuter was in attendance tonight and that she and Bill Hughes voted against the motion. He urged people to become involved in this issue. Mayor McCollum read from the letter of objection that he had sent at the direction of the Council objecting to relocation of north county students to the south county. He said Bill Hughes and Kathryn Wilson represent the north county and said communication between the City and the School District should be better than it is. He suggested that a resolution be prepared to send to the School Board stating the City's intent. Jerry Ahlsmeyer, member of the school long range planning committee, reported on the committee's recommendation that the School Board to go to K-6 at elementary schools which would alleviate crowding problems in the middle schools. He said there is a parent meeting scheduled next week and he will notify Council when this will take place. He said he would provide meeting notices to Council members. 6 Regular City Council Meeting June 28, 2006 Page Seven Mr. Burkeen requested use of the Chambers on July 19th at 6 pm for a forum to hear concerns of parents, however, Mayor McCollum suggested a Special Council Meeting instead and then Council can make decisions if necessary. Ann Reuter, School Board member, said Council can have a huge effect on the School Board, noting that the school board election is September 5th. She reiterated that elementary schools are the biggest problem to be looked at. Vice Mayor Burkeen then called a Special Meeting for July 19th and Mayor McCollum requested that School Board members be invited to attend the meeting. Eugene Wolff, said he had two children at SRMS and told about the overcrowding issues at the school, which he said are not conducive to a good education; and agreed with everything Mr. Burkeen and Mayor McCollum have said tonight. He said voters should look at replacing the entire School Board. John Oakes said it is beyond reason how the School Board voted as they did last night, and commended this Council on how it handles its meetings compared to the School Board, and either someone is leading the School Board or they cannot articulate why they are voting as they do. Mayor McCollum said he would like to invite Fellsmere and Orchid Councils as well as the School Board to be invited. He also requested that the Clerk contact the School District for a copy of the Tuesday School Board Meeting and replay it on channel 25 from July 5th through July 10th. B. Ms. COY Absent. C. Mr. Paternoster Mr. Paternoster reported on the denial of the City's request for 911 and approval of consolidation before the County Commission, which will require us to send a dispatcher to their center; and asked the City Manager about the drainage situation. The City Manager said he is still working on the drainage and reported that to complete 48 acres on the north and 49 acres on the south and over 200,000 sq ft of clearing will cost approximately $230,000 to finish this fiscal year. He described three revenue sources to extend the Conlon contract 1) contingency funds 2) insurance under budget funds and 3) borrowing cash in the stormwater fund. Mr. Paternoster again asked if the project would be completed by October and the City Manager expected it to be done by them. 7 Regular City Council Meeting June 28, 2006 Page Eight In response to Mr. Burkeen, he then gave a lengthy presentation about what had been accomplished and the costs involved and what still needs to be accomplished. A MOTION was made by Mr. Burkeen and SECOND by Mr. Neglia to add the contract extension to the agenda. Mayor McCollum said he could not support adding it to the agenda without notifying the public that we are planning to spend a quarter million tonight. Mr. Neglia asked if this could be added to the next agenda and the City Manager said although time is of the essence this would give him time to firm up numbers with the contractor and bring back a contract. He then recommended also working with the contractor on the next year's contract at the same time. Mr. Paternoster asked if we must wait for Mr. Conlon start on July 13th. The City Manager stated the north side of the City could be done a little over a month. Vice Mayor Burkeen withdrew his motion, requested the item be placed on the July 1 ih agenda, and that the agenda packet be e-mailed to him and reserved the right to phone in on that item. Mr. Paternoster expressed concern with recent rain at Periwinkle & Caravan; suggested temporary signs be placed at the snow shoe house for additional parking; wished everyone a happy 4th of July and expressed condolences to the Hill family. The City Attorney said the City was approached by the owner of the Beall's property who asked that the City to hold him harmless for parking and street sweep the parking lot after the 4th of July event. Mayor McCollum had no interest in adding a hold harmless agreement to the agenda. D. Mr. Neglia Mr. Neglia reported on the Council of Public Officials (COPO) Meeting and CO PO's intention to form a regional league of cities, and requested assurance that the Council had agreed to move forward with this. Other members of Council did not recall approving this and the Clerk said the only previous formal Council action had been to reject the idea and then when Mayor McCormack of Palm Shores addressed the Council on May 10th, Council was invited to attend a Brevard League of Cities meeting in Cocoa, but no formal action to form a local league was taken by Council. A MOTION was made by Mr. Neglia to add the item to the agenda, but it received no second. 8 Regular City Council Meeting June 28, 2006 Page Nine Mr. Neglia requested that customers of Waste Management not put garbage out early and bring cans in when emptied; read a letter from Representative Poppell regarding a 3% tax cap on lots contiguous to a house; asked for an update on the Yacht Club repairs and the City Manager said it was on the to do list. Damien Gilliams was recognized and asked Council to reconsider the Beall's Outlet hold harmless parking issue for the 4th of July. 06.75 71 Mayor McCollum I. Future Pro-Line Boats Fishing Tournaments - Letter Mayor McCollum corrected the letter in the agenda packet to change the word "produced" to "observed" . E. On MOTION by Mayor McCollum and SECOND by Mr. Paternoster Council agreed to send the letter with the change on a voice vote 4-0. Mayor McCollum said he had visited areas where quarter round had been installed after heavy rains and was impressed with their function. He advised the public that Council is getting e- mails during these heavy rains showing standing water and said no water system can drain off 4 inches of rain as fast as people think it can, that this is just living in Florida and that the system is working as it should. Mayor McCollum mentioned that each member should take care of their own needs during the 4th of July parade and the City Manager could make golf carts available if needed. 17. Being no further business, Mayor McCollum adjourned the Regular Meeting at 9:21 p.m. 2, 2008 Regular Council Meeting. ..... - City Clerk 9 3n oj $M4J q)afe ~ oJ$~ fJ uCk {j)~ q)Vuctcn 1998 - 2006 10