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HomeMy WebLinkAbout08092006 OIY OF ... It .. . .... ~~~~ ...~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 9,2006 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the regular meeting to order at 7:00 p.m. 2. Council Member Paternoster 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 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 MIS Systems Analyst, Barbara Brooke Police Lieutenant Greg Witt 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 August 9, 2006 Page Two 06.129 1-8 9-18 06.061 19-23 06.036 25-66 06.022 67-70 6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS A. Sebastian River Hiah School Pep Rallv SRHS Athletic Director, Mike Stutzke and Principal Peggy Jones urged support for attendance at the August 1 ih pep rally and SRHS vs. VBHS football game. 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 hislher hand to be recognized. A. Approval of Minutes - Special Meeting 7/19/06 B. Approval of Minutes - Regular Council Meeting 7/26/06 C. Authorize Travel & Registration for Council Member Paternoster to Attend the Advanced Institute for Elected Municipal Officials in Tampa on October 20-21, 2006 D. Resolution No. R-06-15 Adoption of 3rd Quarter Amendment to the Fiscal Year 2005-06 Budget (Finance Transmittal, R-06-15, Memo, Reports, Schedules, Statements) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA 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 a MOTION by Mr. Burkeen and SECOND by Ms. Coy, consent agenda items A-D were approved on a roll call vote of 5-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS A. Code Enforcement Board (City Clerk Transmittal, Order) i. Receive Code Enforcement Order Mr. Neglia inquired how this violates this code and the City Attorney explained that all houses must be constructed with a garage, however, they can be changed to a room but the garage door must remain. 2 Regular City Council Meeting August9,2006 Page Three 06.130 B. T emporarv Environmental Advisorv Committee Pat Beckwith gave a brief report on the problems with air potato vines and said the University of Florida is conducting a test on the invasive plant. She said the County extension director asked for a volunteer help to survey where the plant is growing; and asked that anyone who has this plant on their property contact her before August 18th (see attached). i. Report from Chair (no backup) Trish Adams gave a PowerPoint presentation explaining the Committee's past accomplishments and future goals. She also explained the many benefits of having an environmental specialist on staff, the implementation of an environmental conservation fee, and the tightening up of code regulations to increase conservation (see power point presentation attached). Mr. Burkeen said it would be nice to have input from this committee on City issues. ii. Environmental Fundina Requests from Council Member Cov (no backup) Ms. Coy said a year ago many people asked the City to hire an environmental planner and the City said they would look at it, noting the County is going to hire an environmental planner this year. She asked Council members, as the next year's budget is approaching, if they are interested in looking at this position. Mayor McCollum said there is probably a plan to discuss this at the budget workshop. Ms. Coy said she liked the Committee's idea of land trades, and the City Attorney said land trades between the City and private property owners could be done. 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 Linda DeSanctis, Laconia Street, discussed drainage problems with adjacent construction. She said she was the example that you can work with developers if you communicate with them and listen and there is a compromise if you work at it. Dale Simchick, Easy Street, suggested the City look into project impacts, citing the Habitat Conservation Plan in place for which the City may be in violation if the Sebastian Harbor project goes through. She suggested that all recent development approvals that are not yet started, should be held accountable relative to scrub habitat requirements. She said the proposed Fleming Street extension would cut through wetlands. Mayor McCollum reminded her that this would not be a City project but a County MPO project. 3 Regular City Council Meeting August9,2006 Page Four Damien Gilliams said we hear about the environment but not about the small businesses that support the economy and recommended an economic development committee be formed. He then discussed the budget amendment and said the City is flush with cash and commended Council for being conservative, but said we need to do something about the riverfront district. He said he reviewed February P & Z minutes, which stated that Growth Management was to come back with a recommendation on backing out in the riverfront district within ninety days and had not; said that department heads are given direction to spend the money left in their budgets before the end of the fiscal year and should be rewarded for coming in under budget; and reported on last night's school board meeting. Mayor McCollum called recess at 8:05 p.m. and reconvened the meeting at 8:15 p.m. All members were present. 11. OLD BUSINESS - None. 12. NEW BUSINESS 06.131 71-120 A. Consideration of Emeraencv Debris Haulina Contract (Public Works Transmittal. Tampa Aareement) The City Manager explained the purpose of the agreement and said he would be doing surveys of other communities to see how they are handling their debris removal contracts. Mr. Neglia said DRC was the highest price and hoped they would be last to be called. On MOTION by Mr. Burkeen and SECOND by Ms. Coy the contract between the City of Sebastian and DRC, Inc. was approved based on the Tampa agreement with a roll call vote of 5-0. 13. CITY ATTORNEY MATTERS The City Attorney reported on receipt of a letter from ASCAP asking the City to purchase a license for use of music in different venues around the City. He said the International City Manager's Association had negotiated a contract with ASCAP and recommended the. City Manager enter into a contract with them in the amount of approximately $200. There was no objection. The City Attorney said he would do a detailed written memo on easements and briefly explained the use of side and back easements and regulations governing them, with most problems existing in back easements some of which were not designed as drainage easements but merely swales and which are typically used for utility lines. He said for those types of back easements, if the City now wants to use them for drainage, we would have to go through SJRWMD, and, if we allowed utilities to go in the easement previously, the City would now have to pay to relocate them. 4 Regular City Council Meeting August 9,2006 Page Five He said on side easements where the new lot is higher than the old lot and you try to slope the side easement to drain the water off the higher lot it is very difficult; and had suggested to Engineering that we could shift the center-line over to the lower lot to get the proper 3-1 slope we need. The City Manager said there are circumstances where the City can work with the property owner and the developer to create a fall toward the front, which is what it is supposed to do. Ms. Coy said houses are being built too close to the side lot lines and this needs to be looked at. The City Attorney said the City of Sebastian was built for 1600 square foot houses and not the 3200 square foot that is being built and we could do a blanket reduction of the lot coverage. In response to Mr. Paternoster, the City Attorney said there is a revenue source from utilities, that drainage plans developed by GDC are still used today, and said it was possible that all of the drainage problems existing today would have to be looked at on a case by case basis. He said conceivably, the City could go in and assist to alleviate flooding problems even when it is a homeowners problem but Council must decide if it is the most appropriate use of taxpayers' funds. The City Attorney explained a problem has come in some cases, that the homeowner erected a fence and never mowed behind the fence. The drainage easement has not made a problem but the homeowner's non-maintenance behind the fence because that too is their property, has and in some cases a dam is built. Mr. Paternoster said someone dropped the ball many years ago when the height requirements were changed. The City Manager said back yard swale is not a designated drainage ditch in the system. He said it is there to convey water to the front swale. He stated because of GDC's design in the past, some cases can be resolved and some cannot be resolved, however, if directed to do so staff will find a solution; but his recommendation is to stay the course the City is on with drainage. 14. CITY MANAGER MATTERS. None. 15. CITY CLERK MATTERS 06.132 121-124 A. Restructured Florida Leaaue of Cities Leaislative Policv Development Process It was decided that City Council members would contact the City Clerk's office if they are interested in serving on any of the four newly created FLC councils. 5 Regular City Council Meeting August9,2006 Page Six 16. CITY COUNCIL MATTERS A. Mr. Nealia Mr. Neglia reported that Richard Smith, former Planning and Zoning and Charter Review Chairman, is very ill and is in room 216 at Sebastian River Medical Center. Mr. Neglia asked if an Environmental Planner could possibly be split between the Growth Management and Building Departments, and would the newly created county position be of any assistance to the City. He advised that the air potato vine slides will be on Channel 25 and the City Manager confirmed it. Mr. Neglia then reported on last night's School Board meeting stating that $600,000 was approved for turning lane at the magnet school; they did not take action on a proposed a sight selection committee; they did not take action on building a middle school on 66th Avenue. He stated he would keep Council informed. B. Mavor McCollum i. Possible Locations for Community Center from Existina Citv Properties Mayor McCollum said he was originally interested in Skyline Drive and then talked to the City Manager about the City Manager's idea to tear down the old Public Works Building and Chambers and building a Community Center in that site and is inclined to agree with him. 06.098 The City Manager said he would want to look at Collier Creek costs first but would recommend the site mentioned by Mayor McCollum. Ms. Coy suggested we do a pro and con list on any suggested sites. Nigel Hargreaves, Power Squadron, said the City has been behind the Power Squadron by allowing them to conduct training in the old Council Chambers, stating they have made an offer to make that building its permanent home, but also asked what was the plan for the Yacht Club. Bill Schulke said the old chambers building is a beautiful building for Power Squadron meetings and should not be torn down, and it would be expensive, would create traffic, and would have to be staffed. Ms. Coy said she wants to look at the pluses or minues of the triangle, Skyline, and City Hall complex properties. 6 Regular City Council Meeting August 9, 2006 Page Seven Mayor McCollum said after looking at the Skyline site, it would not be big enough. Mr. Neglia said he preferred the City Hall complex property. Mr. Burkeen said he would like to have input from the Environmental Committee and has no objection to this property or the triangle. Mayor McCollum said he is hearing the triangle and the City Hall complex property preferred by Council. Mayor McCollum asked the City Manager if the County has budgeted money to improve the conservation property next to City Hall and if it has not he would like it included. He also asked when Council approved the Ashbury project there was money put into escrow to extend Powerline Road to CR512. The City Attorney said the time limit is nine years. The Mayor said he would like to see that project moved up within five years. He reported to Ms. Coy that a developer in Flagler County is setting up an area to relocate gopher tortoise and birds and advised the City Attorney to remember this for future projects. C. Mr. Burkeen Mr. Burkeen thanked everyone for the cards and wishes after his surgery. He said he e-mailed City Council's resolution to the Florida Commissioner of Education John Winn requesting the Governor's office to withhold COPS grant funding. D. Ms. Cov Ms. Coy gave kudos to Burgoon Berger for their assistance with Ms. DeSanctis and her flooding problem. E. Mr. Paternoster i. Consideration of Construction Site Development Issues (Ordinance Draft) Mr. Paternoster said he asked that this draft ordinance, which was considered before he was on Council, be placed on the agenda; and further reported that the ordinance was not adopted because the Treasure Coast Builders Association stated at that time that they would police developers and had been successful in some cases but there were still existing drainage problems. 06.009 125-127 Mr. Schulke said this would be a good idea, and said in Port St. Lucie they lay a pipe across the front of the property during construction and then remove it when the construction is complete. 7 Regular City Council Meeting August 9, 2006 Page Eight Louise Kautenberg asked if it was appropriate to take action on a draft ordinance under a Council member's matters. In response to Mayor McCollum, the City Attorney said a project could simply be stopped after receiving a warning until the fine was paid, and that there would need to be a separate first reading and public hearing on this ordinance. The City Attorney said there were previous complaints by developers when this ordinance was considered that four hours was unreasonable but explained that the four hours is simply to restore the flow of water; that the $500 could be changed by Council; and explained that the only guarantee of recouping funds would be to lien a property. It was the consensus of City Council to have the City Attorney bring this ordinance back for first reading on the next agenda. He asked about the vegetation ordinance and wished Mr. Smith well. Other Matters Mavor McCollum Mayor McCollum thanked everyone who came to wish him well at the Eagles Nest last Friday. He also thanked J-Med Supply, Inc. and Alhersmeyer Motor Racing sponsoring the party and food. He then recommended that he be allowed to step down from the position of Mayor but would remain on City Council effective next Monday, August 14, 2006 at 8 am at which time by Charter Vice Mayor Burkeen would become the Mayor until the March election. There was no objection to his request, and Mr. Burkeen accepted the position of Mayor in accordance with the Charter effective next Monday at 8:01 a.m. 17. Being no further business, the regular meeting adjourned at 9:50 p.m. Approved at the August 23, 2006 Regular City Council Meeting. <;Z~ ~ Brian Burkeen, Mayor -'nt~ 8