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HomeMy WebLinkAbout07122006 SE~ ~~'~7'" HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 12, 2006 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McCollum called the regular meeting to order at 7:30 p.m. A Board of Adjustment meeting held prior to this meeting ended at 7: 19 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 Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster City Council Absent: Vice-Mayor Brian Burkeen (excused) Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Parks Supervisor, Chris McCarthy Police Lieutenant, Bob Lockhart MIS Systems Analyst, Barbara Brooke 4. 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) The City Clerk noted that item 12A the BellSouth Easement was to be pulled by the City Attorney. On MOTION by Ms. Coy and SECOND by Mr. Neglia the agenda was modified as requested on a voice vote of 4-0. Regular City Council Meeting July 12, 2006 Page Two 6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS 06.012 A. State Representative Ralph Poppell (R-Vero Beach) - 2006 Legislative Update Mayor McCollum introduced State Representative Poppell and thanked him for maintaining an office in City Hall. Representative Poppell thanked the City for the office opportunity and then gave a brief 2006 legislative update. Mr. Neglia requested any input that Representative Poppell may have on the three percent save our home tax cap question. Representative Poppell said he does not like referendums, thinks it is noble to try and reduce taxes, but noted these are local dollars and people should be very careful of constitutional amendments. Mayor McCollum said he would be willing to participate in any committees on this issue if needed. Ms. Coy asked that people affected by the hurricanes who lost their homestead exemptions be considered when this issue is being addressed. Mr. Paternoster inquired if some of the affordable housing funds are set aside for seniors and workforce housing. Representative Poppell said that is how the issue started. Damien Gilliams said he wanted an opportunity to ask Representative Poppell for assistance with boat ramps and parking in the riverfront district. 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. 1-9 A. 06.121 B. 11-14 06.121 C. 15-20 Approval of Minutes - 6/28/06 Regular Meeting Approve Asphalt Overlay Contract with Elmo Greer & Sons for a Cost of $88.00 a Ton, Not to Exceed $100,000 (Engineering transmittal, bid tab, street list) Approve Street Renourishment Contract with Asphalt Recycling, Inc. Based on Piggyback Pricing from Seminole County Not to Exceed $50,000 (Engineering transmittal, street list, Seminole pricing) 2 Regular City Council Meeting July 12, 2006 Page Three 06.066 21-26 06.117 27-36 06.117 37-46 06.117 47-56 06.118 57-62 06.066 21-26 D. Approve Riverview Park Restroom Lift Station Construction to Derrico Construction in the Amount of $60,339 E. Award Bid to Playmore West, Inc. to Install Playground and Benches at Bryant Court Park in the Amount of $30,635.00 and Appropriate $2,000 from Riverview Park Phase IV Project Savings (Parks transmittal, price form, bid tab, drawings, references, analysis, summary) Award Bid to Playmore West, Inc. to Install Playground, Swing Set and Benches at Blossom Street Park in the Amount of $38,720.00 and Appropriate $19,000 from Riverview Park Phase IV Project Savings (Parks transmittal, price form, bid tab, drawings, references, analysis, summary) F. G. Award Bid to Miller Recreation to Install Playground and Benches at Easy Street Park in the Amount of $28,189.84 and Appropriate $10,000 from Riverview Park Phase IV Project Savings (Parks transmittal, price form, bid tab, drawings, references, analysis, summary) H. Authorize Settlement & Reimbursement to Florida League of Cities in the Amount of $12,750 (Finance transmittal, request, release, settlement) Mr. Paternoster removed items D through H. On MOTION by Mr. Neglia, and SECOND by Mayor McCollum, items A, B, and C were approved on a roll call vote of 4-0. D. Approve Riverview Park Restroom Lift Station Construction to Derrico Construction in the Amount of $60,339 Mr. Paternoster asked the City Manager the difference in the scope of work and the City Manager explained the bidding process, and said earthwork and other ancillary items such as landscaping and fences would be done in-house. He said the entire project should be completed by September. He said the project will be paid from left over funds from $200,000 previously budgeted for the band shell. Damien Gilliams, 1623 US 1, said if this is CRA money being used for recreation, which has a separate tax, it is wrong. The City Manager said these are not CRA funds. 3 Regular City Council Meeting July 12, 2006 Page Four 06.117 27-36 06.117 37-46 06.117 47-56 06.118 57-62 On MOTION by Mr. Paternoster, and SECOND by Ms. Coy, the allocation of funds as stated by the City Manager for the lift station in Riverview Park (item D) was approved as recommended by staff on a roll call vote of 4-0. E. Award Bid to Playmore West. Inc. to Install PlaYQround and Benches at Bryant Court Park in the Amount of $30,635.00 and Appropriate $2,000 from Riverview Park Phase IV Project Savings (Parks transmittal. price form, bid tab, drawings, references, analysis, summary) F. Award Bid to Playmore West. Inc. to Install PlaYQround, Swing Set and Benches at Blossom Street Park in the Amount of $38.720.00 and Appropriate $19,000 from Riverview Park Phase IV Project Savings (Parks transmittal, price form. bid tab, drawinQs, references. analysis, summary) G. Award Bid to Miller Recreation to Install Playground and Benches at Easy Street Park in the Amount of $28,189.84 and Appropriate $10,000 from Riverview Park Phase IV Proiect SavinQs (Parks transmittal, price form. bid tab. drawinQs. references, analysis. summary) Mr. Paternoster said he would combine items E, F and G with one question; and asked if these were handicapped accessible. The City Manager said they were not and explained how these parks were planned prior to his arrival and that the additional appropriations recommended were there for additional concrete and landscaping work by in-house staff. The Parks Supervisor said that ordering the playgrounds will take the longest and when we have full crews we can get the concrete work done. On MOTION by Mr. Paternoster, and SECOND by Ms. Coy, items E, F and G were approved on a roll call vote of 4-0. H. Authorize Settlement & Reimbursement to Florida League of Cities in the Amount of $12,750 (Finance transmittal. request. release, settlement) Mr. Paternoster asked for further information on the case. The City Attorney said an employee ran a red light and there were medical bills and a total on the vehicle. He said FLC has authority to settle claims and he makes sure they are brought to Council even though it is below the spending threshold. He said there are bills to justify the amount and there is currently no deductible. On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, item H was approved on a roll call vote of 4-0. 4 Regular City Council Meeting July 12, 2006 Page Five 8. COMMITTEE REPORTS/RECOMMENDATIONS 06.022 63-70 A. Code Enforcement Board (City Clerk Transmittal, orders) i. Receive Code Enforcement Orders Received. 06.024 71-80 B. Construction Board - Fill One Alternate Position (City Clerk Transmittal, code, application, list, ad) i. Interview, Unless Waived and Submit Nominations for Alternate Member, Concerned Citizen Position to Expire 9/30/07 The only applicant, Shawn Hosey, addressed the City Council. Mr. Neglia nominated Mr. Hosey and he was appointed to the alternate position. 9. PUBLIC HEARING 06.096 81-88 A. Second Reading and Public HearinQ - Ordinance No. 0-06-06- Code Enforcement Special Magistrate (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. (PJ ad 6/28/06) The City Attorney read Ordinance No. 0-06-06 by title. Mayor McCollum opened the hearing at 8:38 p.m. and being no input he closed it. Mr. Paternoster inquired about the meaning of "reasonable belief' and "probable cause" and the City Attorney responded that this is a lesser standard than police standards. Mr. Paternoster asked for clarification of the word "may" in regard to imposing penalties when someone waives the right to a hearing, the City Attorney stated that a citation has a debt amount but it is a judgment and we have to go after it. Mr. Neglia asked if the time frames would be revamped when the magistrate comes on board. The City Attorney responded that "reasonable time" to come into compliance would depend on the offense and a reasonable time to alleviate the matter. On MOTION by Ms. Coy, and SECOND by Mr. Neglia, Ordinance No. 0-06-06 was adopted on a roll call vote of 4-0. 5 Regular City Council Meeting July 12, 2006 Page Six 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 Steve Buttles, 491 Biscayne Lane, said he is being flooded out by new construction and exhibited photos adjacent to his home and other areas in his neighborhood. He said no one is enforcing builders to do the right thing and standing water is causing a health risk; and he is being told by the City and the builder that it is not their responsibility to fix it. The City Manager said Sebastian has back ditches, front swales and in some cases back swales and that Mr. Buttles' situation is a back swale and back swales are not designed for drainage. He said new houses are being built to be above the water table, and are required to drain off water from their property, and this problem is being seen for houses built in the 80's which drained off into undeveloped lots. He said because of higher houses, the low lying properties can no longer drain off their own water and it pools. He said a group of staff members and Mr. Paternoster met to discuss these issues and the final determination is that they agreed they were not sure this was the city's problem but at some point government has to get involved and see what it can do to help. Mr. Paternoster said some conditions they saw today on a tour around town are deplorable. He said he asked at the meeting whether staff looks at elevations when considering a site plan, and should people who have lived here for many years now have to live in squalor because of the current elevation situation. He said if you look in the codes there are city responsibilities to make sure that drainage flows and engineering keeps an eye on what is going on. The City Attorney said they have to be looked on case by case because there are situations where lack of improvements are causing water to puddle, situations where a lot was not set to drain properly when it was built twenty years ago and they suddenly didn't have their neighbors yard to drain into, and situations where something is draining onto their lot that shouldn't. He said the effect of the state's requirement for higher elevations is stopping the flow of water off of older lots. He said there are many ways to look at solutions to retrofit old development, but asking new houses to pay for the problem is not appropriate because they are doing what they are supposed to do. He said houses built in the old days have settled because debris was plowed under. Mr. Buttles said as long as there is contoured drainage you can move the water to the front of the property; and expressed concern about mosquitoes. He was advised to contact Mosquito Control. Mr. Paternoster suggested that there are private property issues to consider, that he wants to help with these problems, and perhaps a workshop is needed. Mayor McCollum said if this is a private property issue there could be liability and the City Attorney reiterated it is a case-by-case issue and said you don't want to use taxpayer money to fix individual problems. 6 Regular City Council Meeting July 12, 2006 Page Seven Mayor McCollum said situations like the photos he sees tonight are happening day after day, that the Treasure Coast Builders Association said it would help but Mr. Buttles pictures are proof that the problems are still going on, and we need to start red tagging builders and fining them. Ms. Coy asked Mr. Buttles if the current problems are due to new construction today. Mr. Buttles said the adjacent house was completed nine months ago and then presented a letter whereby the Holiday Builders agreed to help him. Ms. Coy said she had dealt with the City and the builders and there have been successful resolutions in at least two cases. She said there are things that can be done such as putting a drainage ditch in between the two lots rather than a steep slope right onto the adjacent property. She said it is a personal property rights issue but is hoping the city is not saying there is nothing we can do. Ms. Coy said flooding is a common problem throughout the highlands and said she does not want this dropped and does not want the city to say it cannot do anything. Mr. Paternoster said there is a private property and easement issue, but there are problems with swales and dumpsters in the front of the houses, and some of the problems run with the need for proper slope. Mr. Buttles said properties should be prepped properly before they build to keep water flowing. Ms. Coy said it is time to send Code Enforcement out and start fining builders if they are not meeting what they said they were going to do. Mayor McCollum asked the City Attorney to bring back a legal opinion on this issue. Mr. Paternoster recommended putting this on the next agenda, however, Mayor McCollum said the City Attorney would need time to research and it should be a separate meeting. ???, 1274 Barber Street, said he was also getting flooded out and that Barber Street was covered with potholes and cracks. He said he had called about a large pothole at 1290 Barber Street for two weeks and it is still not fixed. Dale Simchick, South Easy Street, reported that Sebastian Harbor's owner has officially withdrawn his permit application; however, on June 29 a new application was submitted for 116 homes on a 58-acre parcel and this would allow only one egress to Englar Drive. She said this will affect police and fire, schools, and asked Council to be involved with the Englar Drive level of service throughway. Damien Gilliams, Sebastian, commended the City Attorney for providing office space for Representative Poppell, recommended offering space to Representative Mayfield, discussed the need for boat ramps and parking in the Riverfront District with state money available, commended Mr. Paternoster for his work on drainage and said this is a comprehensive problem, reminded Council that every taxpayer is being charged a drainage fee, suggested retention ponds in hot spots in the highlands, asked if the moratorium at the airport will ever end and asked what the holdup is, said he hopes we don't consider the Skillman property for a 7 1- Regular City Council Meeting July 12, 2006 Page Eight community center, commended Council for taking the lead in the school issue, discussed the passing on of the clambake leadership, was concerned about the City being a partner and asked that the taxpayers be reimbursed for all the money laid out in previous years, recommended establishing a wi-fi connection in the City, recommended against the sale of fuel at the airport, said the closing of City Hall should have been approved by Council, said if businesses have to use Waste Management they should be more competitive with their prices, said the 4th of July was great and thanked City Manager and Chief for keeping Indian River Drive open during the day, asked about Planning and Zoning progress on backing out of businesses in the Riverfront District. The City Manager said P & Z has discussed it and was not favorable with the idea and if Council wanted to continue it he will bring it back to them. Ms. Coy said she was satisfied with the result and unless other Council members are interested in pursuing it she would let it drop. Mark Wilson, 510 Browning Terrace, said Adams House built a house on Coverbrook and Rolling Hill and said the elevation is so high he has a swamp in his back yard. Mayor McCollum said the City Attorney is going to bring back an opinion on this. Mr. Wilson said he cannot find the number for mosquito control. Mayor McCollum called recess at 9:50 p.m. and reconvened the meeting at 9:55 p.m. All members at roll call were present. 11. OLD BUSINESS 06.094 89-90 A. Conlon LandscapinQ. Inc. SwalelDitch Mowing Contract Extension #2 (Public Works Transmittal. explanation, map) The City Manager reiterated his recommendation for extension #2 to the Conlon Mowing Contract as set out in the agenda packet, however, he said we actually have excess cash in the amount of $1 M in the stormwater utility fund which won't be needed for Easy Street for at least a year, and then advised to pay ourselves back we will use the stormwater utility fee next year. ???, asked Mr. Minner about the Barber Street and Benedictine Terrace ditch and the City Manager showed him the area on the map he had displayed for the audience. Louise Kautenberg said she is happy to know that her ditch will be cleared, but said the Evernia and Iris Street ditch is very steep and is not on the map. Ms. Coy said this is a project that needs to be continued year after year. Mr. Paternoster asked if the map accurately depicts all the ditches in the city and will this figure completely take care of everything. The City Manager said that figure would take care of everything depicted on that map. 8 Regular City Council Meeting July 12, 2006 Page Nine Mr. Paternoster asked if the City Manager added Evernia and Iris. The City Manager said he will take a look at it but has to stay true to this map. Mr. Neglia said he was in favor of this whatever it takes. On MOTION by Mr. Paternoster, and SECOND by Ms. Coy, the appropriation of $230,000 was allocated for the Conlon contract extension #2 on a roll call vote of 4-0. Mayor McCollum asked to address an item under his matters at this time because of the late hour and Council concurred. A. Mayor McCollum i. Confirm MPO CAe Appointee, Don WriQht On MOTION by Mayor McCollum and SECOND by Ms. Coy, Don Wright was appointed as the MPO Citizen Advisory Committee member on a voice vote of 4-0. 06.078 103-105 06.097 91-100 B. Cain House Consideration (City Manager Transmittal. memo, estimate of repairs) The City Manager reiterated his agenda report but said Joe Graham had spoken with him today about possibly taking ownership and relocating the Cain House, and asked Council to give him direction either way. Mr. Paternoster suggested giving Mr. Graham an opportunity to move the house and give him until the next meeting to have it signed, sealed and delivered or demolish the house. The City Manager suggested giving him thirty days from today to relocate the house. Mr. Neglia recommended if we go that way that he pay all moving costs. The City Manager said if this happens Mr. Graham would absorb all costs. Mayor McCollum said his concern was that we have spent tax money and we should put out an RFP, and the City Manager said an RFP was run from mid May to mid June with no responses. Mayor McCollum said we can direct the City Manager that Mr. Graham can take the house but has to move it within thirty days at no cost to the City. The City Manager said there are other issues that have to be addressed such as what he would be required to do with the house and how quickly he has to do it if he relocated it; and said his recommendation is still to demolish the Cain House. Louise Kautenberg, member of the Historical Society, said she is very disappointed in the Council for dropping the ball on this, and said the Historical Society recommended putting it in the historical district to get grants, however, Mayor McCollum clarified there was never a guarantee of any grants. Damien Gilliams said he applauds the Council for this decision and recommended burning it. 9 Regular City Council Meeting July 12, 2006 Page Ten Mr. Neglia said he is concerned about this 11th hour deal with Mr. Graham. On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, Council agreed to demolish the Cain House for a price up to $15,000 as soon as possible on a roll call of 4-0. The City Manager said if it costs over $5,000 he'll come back to Council. 06.119 101 c. Skillman Land Offer - Potential Community Center Location (E-mail, map) Mayor McCollum said he never suggested this for a community center site, but a public meeting was his only opportunity to ask if Council had any interest in the site. On MOTION by Mayor McCollum and SECOND by Mr. Neglia the meeting was extended to 11 pm on a voice vote of 4-0. Ms. Coy said a community center is not a priority at this time and would like to look at properties we currently own. John Oakes, Sebastian said spending $ 3.3M on new property for a community center would be irresponsible. Damien Gilliams said the six acres on the riverside would be ideal for a community center. Mr. Paternoster said he thought this issue had been put aside for now, and Mr. Neglia agreed that we already own properties we can use. City Council members did wish to extend their thanks to Mr. Skillman for making the offer. On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, Mr. Skillman's offer was rejected on a voice vote of 4-0. 12. NEW BUSINESS 06.120 A. Authorize BellSouth Easement (no backup) This item was removed from the agenda during modifications. 13. CITY ATTORNEY MATTERS Apologized for not putting the requested lot clearing ordinance on the agenda for first reading. 14. CITY MANAGER MATTERS The City Manager reported on the installation of the special needs playground behind the Police Department lot. 10 Regular City Council Meeting July 12,2006 Page Eleven 15. CITY CLERK MATTERS The City Clerk reported that the first of two Charter Review Committee public hearings would take place next Monday at 6 pm. 16. CITY COUNCIL MATTERS A. Ms. COY Ms. Coy gave kudos to the Lions Club and City and everyone involved in the Fourth of July event and on the dodo side advised putting Code Enforcement on alert because she will be touring the City looking for construction problems and will be calling them in. B. Mr. Paternoster i. Quarter Round Pipe Installation (no backup) 06.008 Mr. Paternoster said the City Engineer is contacting SJRWMD for permission for installation of ten to twelve miles of quarter rounds and asked the City Manager how much money he is going to give him; and then said he would like to dedicate $800,000 from both this year's budget and next year's budget. The City Manager said we try to work on this to try to squeeze it into next year's budget from DST funds. Mayor McCollum agreed with waiting for word from SJRWMD and said he wanted to see if quarter rounds were going to work. Mr. Paternoster said he was trying to get an appropriation from this fiscal year and next fiscal year. Ms. Coy said she would rather wait until the end of the fiscal year, and did not feel comfortable doing it tonight. Mr. Paternoster suggested appropriating half the amount at this time. The City Manager reiterated that we need to get SJRWMD approval first before any appropriation is made. Mr. Neglia agreed this cannot be done until SJRWMD approval is received. C. Mr. NeQlia Mr. Neglia said the 4th of July was great and the parking was handled well; reported on the County Commission approval of the purchase of the Archie House Fish House; and said he can't believe that Code Enforcement is digging things out of the ground and cited the situation on Melrose where dangerous poles were dug out of the ground by Code Enforcement. 11 Regular City Council Meeting July 12, 2006 Page Twelve D. Mayor McCollum Mayor McCollum asked that an item be placed under his matters for the next meeting to pick possible locations for a community center. E. Mr. Burkeen Absent. 17. Being no further business, Mayor McCollum adjourned the regular meeting at 10:55 p.m. Approved at the July 26, 2006 Regular City Council Meeting. NaiL A TEST: i-.; LJylffi~ Cfn~ DWtA'fy eft'( CJtr/( fb r Sally A. Maio, MMC - City Clerk 12