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HomeMy WebLinkAbout08232006 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 23,2006 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Burkeen called the regular meeting to order at 7:00 p.m. 2. Council Member McCollum led the Pledge of Allegiance. 3. A moment of silence was held. 4. ROLL CALL City Council Present: Mayor Brian Burkeen Council Member Andrea Coy Council Member Nathan McCollum 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 Human Resources Director, Debra Krueger MIS Systems Analyst, Barbara Brooke Police Lieutenant, Michelle Morris Regular City Council Meeting August23,2006 Page Two 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-05-26) On MOTION by Mr. Neglia and SECOND by Mr. Paternoster the agenda was accepted as presented on a voice vote of 5-0. 6. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS None. 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. 1-8 A. Approval of Minutes - 8/9/06 Regular Meeting 06.133 9-13 B. Special Event Approval for Sebastian United Methodist Church Picnic in Riverview Park - February 17, 20078 am to 6 pm (Parks Transmittal 8/14/06, Church Letter, Park Use Permit Application, Receipt) 06.134 15-35 C. Award Sod Agreement to Stalvery Sod Service for As-Needed Basis (Stormwater Transmittal 8/17/06, Price Form, Agreement) Mr. Neglia removed Item C. On MOTION by Mr. McCollum and SECOND by Ms. Coy, items A & B of the consent agenda were approved on a roll call vote of 5-0. Item C Mr. Neglia requested that the vendor be advised to drop the sod at the work site and not two blocks away. On MOTION by Mr. Neglia and SECOND by Mr. Paternoster item was approved on a roll call vote 5-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS 05.213 37-46 A. Police Pension Board (City Clerk Transmittal 8/15/06, letter, FS, application, ad) i. Fill Unexpired Civilian Position Mr. Zomok was the only applicant and was appointed. 2 Regular City Council Meeting August23,2006 Page Three 06.062 47-57 B. Charter Review Committee i. Formal Presentation of Proposed Charter Amendments by Charter Review Committee - Direct City Attorney Accordingly Ruth Sullivan, Vice Chairman of the Charter Review Committee, applauded the work of Chairman Richard Smith and the committee members whose names she read, and presented the committee's recommendation for seven charter amendments. She read each referendum question synopsis, and pointed out that in question five there are sections recommended for deletion regarding the police department and police chief. Mr. Neglia asked if Section 2.12 should include "and advertised", however, the City Attorney said the reference to "public" could be deleted since it is understood that it is public. Mayor Burkeen asked about the intention for November elections and Mrs. Sullivan cited the low voter turnout in March. Ms. Coy questioned why deletions are being recommended in question #5. The City Manager said this is to clear up the distinction between Charter officers and department heads. The City Attorney cited that Indian River Shores had a Department of Public Safety; said the first Charter review missed some of the vestiges of the old Mayor-Council form of government, and further said in a pure Council-Manager form of government Council should not be setting out department heads, but only its charter officers and those Charter officers administer their departments and the City Manager administers the organization of his departments. Mr. Paternoster said he would rather the language read Police Department, because a Law Enforcement Agency may not necessarily have police powers, and said he did not see why we can't include the functions of the office in the Charter as set out in 3.07. The City Attorney said there would be some conflicts with State law relative to the functions of the office such as serving of papers, which is done by the Sheriff's Department. Mr. Paternoster asked why all of 3.06 is considered for deletion, and the City Attorney said the Mayoral emergency duty set out in that section is now and has been the responsibility of the City Manager under a Council-Manager form of government. Mayor Burkeen explained to Council that we are simply removing the identifier of Police Chief from the Charter stating that if he is identified in the Charter he is a Charter officer and is the City Manager's equal, and even though the position is currently in the Charter it could be challenged. Vice Chairman Sullivan again thanked the committee members. Adrina Davis, Sebastian, committee member, discussed Mayor and Council compensation in 2.05, citing Vero Beach salaries as an example; and listing the responsibilities of the Council. 3 Regular City Council Meeting August 23, 2006 Page Four Damian Gilliams, said maybe keeping the Police Chief in the Charter might be a good idea and maybe the Chief should report to the City Council, and that Council may want to consider the Finance Officer as well so when the Council wants a good answer it doesn't have to filter through the City Manager. He further said the salary increase is long overdue and should be even more if they want quality, professional people to serve. Mr. Paternoster said he would like to do more research on 3.06 regarding law enforcement. Mr. Neglia said he would wait for the public hearings and do more research as well. Mayor Burkeen said he would like to hear from the public and invited them to contact him. Mr. McCollum said he appreciates the work of the committee, however, said he was concerned with referendum #3 regarding salaries in 2.05 because in the past and for him there has been a sense of volunteerism to be on the Council and now it is not the right time for this Councilor any Council to double its salary when they are offering a 3% cost of living increase to City staff. He recommended that the salaries stay the same but that they be based on the same CPI as is provided to other City employees, and perhaps look at increasing the expense account and establishing a car allowance, and more importantly the expense account is not in the charter but is in the code and can be changed by the Council at any time. He said for the public's benefit that Council members receive a $50 monthly expense account. Ms. Coy said she would like to hear more from the public about salaries since these salaries have been in place for seven years noting that Council voted against an expense account increase last year. Ms. Coy recommended directing the City Attorney to set out the language of the deleted sections when it is brought back to Council for first reading. The City Clerk suggested that the language be brought back in legislative form in the body of the ordinance for better understanding by the public. Mr. Neglia suggested a mailing and the City Manager said mailing would be costly and Mr. McCollum said it should not be treated any differently. It was noted the language will be posted on the City website and Channel 25. Mr. McCollum applauded the committee for its recommendation to go to November elections. Ms. Coy asked if there could be a provision in the Charter that there be a Vice Mayor in the event that the Mayor must step down or is removed and City Council concurred. 9. PUBLIC HEARING - None 4 Regular City Council Meeting August23,2006 Page Five 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 Oakes, 593 Birch Court, Sebastian, stated for the record that he is Mr. McCollum's appointee on the Citizen Budget Review Committee, has respect for Mr. McCollum, but cited what he felt was an inappropriate statement made by Mr. McCollum at the August 16,2006 budget workshop "Mr. Oakes is great for telling us 'I am pro-annexation', I love it - where is the money?" and then did not let him respond. He said he has never publicly stated that he loves annexation but has stated that residential voluntary annexation should be considered case by case when it benefits the City and the citizens, and to take a position that you are against all annexation is neither logical or reasonable and is a political decision. Carolyn Corum, suggested there should be a three minute public input time limit and asked if she can also speak for twenty minutes. She said the City needs a dog park, citing the property at Academy and Adams Street as a perfect location. She suggested a tour of a Sanford facility by City Council, putting aside $50,000 in the FY 2006-2007 budget, and that she would volunteer her time on this. Ms. Coy said she thought there was a dog park in last year's budget for several years out and it is gone. The City Manager said he looked back and could not find a dog park in the budget. Ms. Coy said she would be interested in pursuing it. Brad White, 449 Easy Street, asked if there is any update on the Easy Street project; and said he read about the Chief needing twelve police officers and wondered if it would not be better to focus on the safety and welfare of the citizens at this time rather than a new community center at this time. The City Manager said the Easy Street project is in CDBG land and we are awaiting word. Damian Gilliams, Sebastian, said he attended the school board meeting last night and read a prepared statement about what the City is looking for in its School Board members, and called for the defeat of Craig McGarvey. Mayor Burkeen said he spoke with Paula Roberts, the State Department of Education, and was told there is nothing they can do for us regarding the School Board issue and it must be resolved locally through the election. Dale Simchick, thanked Council for hearing citizens at the podium, said it is important for a community to look out for its law enforcement officers and said she liked the language being changed to Police Department, and agreed with an increase in salaries for Council. She said the Land Acquisition Committee meets next week and invited Council 5 Regular City Council Meeting August 23, 2006 Page Six and citizens to support the acquisition of the Sebastian Preserve (aka Sebastian Harbor) property. Mayor Burkeen called recess at 8:35 p.m. and reconvened the meeting at 8:42 p.m. Guy Cormier, local property owner, said he was here to correct or try to understand a water assessment done ten years ago, citing the assessment he owes to the City with penalties in the amount of approximately $11,000 from an original assessment of $3,800.00 ten years ago. He said the bills that were sent from Sebastian were sent to a prior address of his company, according to copies of letters from City staff today. The City Manager explained the issue for Council's benefit. City Council said they would be willing to hear the issue when they have all the information to review. Mr. Cormier was advised the item will be on the September 13, 2006 meeting, and if he was unable to be here he should contact the City Manager. Mr. McCollum said he would like a letter of request from Mr. Cormier so we will know what he is asking. The City Manager said he would provide the letter he received today from Mr. Cormier. 11. OLD BUSINESS 06.105 A. Sidewalk Update (backup under separate cover) The City Manager updated Council on the sidewalk program, listed the streets proposed for sidewalks and said there are enough funds for half of the proposed locations, and asked for input and direction. Mayor Burkeen clarified that there is enough money to do Main Street, Laconia Street and with any leftovers we can do South Barber Street and Periwinkle Drive. The City Manager said no motion is required and the bid packets will be ready in about a month or so. 06.098 59-61 B. New Community Center - Pros and Cons List for City Hall Complex Site and Triangle Site (City Manager Transmittal. Chart) The City Manager reiterated his report and said he had received information and an additional request to consider Barber Street Sports Complex. Mr. McCollum said Barber Street was considered as a location for a private facility many years ago and issues. He noted we are only looking at a site for the center and have not made any decisions to spend any money at this time. He said the center will be built using DST money and not ad valorem taxes. He aid he would support the City Hall property. 6 Regular City Council Meeting August 23, 2006 Page Seven Ms. Coy also noted that Barber will be widened and this will disrupt activity in that area, and that this would not be the best use of the triangle. She said KIRB has a lease in an existing City Hall building and the conditions of the lease are month to month and 90 days notice and further said she likes the City Hall location. Mr. Paternoster agreed we are only looking at site location, and noted that DST while it can't pay for police personnel, it is used to equip them and approved of the City Hall location. Brad White said this downtown Main Street corridor is important to the City for future development. 06.114 63-68 C. Update on Ordinance No. 0-06-07 OverQrown Lots - Fish and Wildlife Consistency Determination (CA Transmittal. 0-06-07. F & WE-Mail) The City Attorney advised that after reviewing concerns from Fish and Wildlife he thinks we can draft an ordinance, which will meet the concerns of Fish and Wildlife and the City. He said he could modify the ordinance, bring it back to Council, and send it to Fish and Wildlife for their determination. Ms. Coy suggested it be brought to Fish and Wildlife for a preliminary review and then bring it to Council. Council concurred. 12. NEW BUSINESS 06.135 69-73 A. Resolution No. R-06-18 - AirportlFPL Lease Agreement (Airport Transmittal. Agreement) The City Attorney said this agreement does not require a resolution. The City Manager assured Council that FPL will be the sole responsible for its own security. On MOTION by Mr. Neglia and SECOND by Mr. McCollum the FPL lease agreement was approved on a voice vote of 5-0. 06.136 75-96 B. Resolution No. R-06-16 - EstablishinQ a Retirement Health SavinQs Plan with ICMA Retirement Corporation (City Manager Transmittal, R-06-16. Agreement. Data Form, Administrative Services Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA ESTABLISHING A RETIREE HEALTH SAVINGS PLAN FOR CITY EMPLOYEES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. On MOTION by Mr. McCollum and SECOND by Mr. Neglia Resolution No. R-06-16 was approved on a roll call vote of 5-0. 7 Regular City Council Meeting August23,2006 Page Eight 06.137 97-104 C. Waive Competitive Bid Procedures and Authorize Renewal of Group Health Insurance through BlueCross BlueShield of Florida. Group Dental Insurance through Florida Combined Life Insurance Company and Life & Long Term Disability Insurance through Jefferson Pilot (Human Resources Transmittal w/Five Exhibits) On MOTION by Mr. McCollum and SECOND by Mr. Neglia the bids were waived and all insurance policies as recommended were approved on a roll call vote of 5-0. 06.138 105-107 D. Award Workers' Compensation Insurance Contract (Option 1) to Florida Municipal Insurance Trust for One Year Term (Human Resources Transmittal. Proposal Tabulation Form) On MOTION by Mr. McCollum and SECOND by Mr. Paternoster, the Workers Compensation Insurance contract was awarded to Florida Municipal Insurance Trust for a one-year term as recommended on a roll call vote of 5-0. 06.139 109-111 E. Award Property, Casualty and Liability Insurance Contract to Preferred Governmental Insurance Trust in the Amount of $366.767 for FY 2006-2007 and Authorize Execution (Finance Department Transmittal. Proposal Tabulation Form) On MOTION by Ms. Coy and SECOND by Mr. Paternoster Property, Casualty and Liability Insurance Contract was awarded to Preferred Governmental Insurance Trust in the Amount of $366,767 for FY 2006-2007 as presented on a roll call vote of 5-0. 06.009 113-117 F. First Reading - Ordinance No. 0-06-08 - Construction Site Violations - Set Public HearinQ for September 13. 2006 - CA AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 26-2, BLOCKAGE OR UNREASONABLE OBSTRUCTION OF NATURAL FLOW OF WATER PROHIBITED; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title. Discussion took place on the provisions of the ordinance. Mr. Neglia expressed concern for the property owner being fined and suggested the time be extended to 24 hours to fix the problems. Mr. McCollum suggested instead that stop work orders be imposed if the problem is not corrected within four hours and maybe a $100 fine. Ms. Coy agreed with Mr. McCollum's input and thanked the Treasure Coast Builders Association but said the same few builders are still causing the problems. She said she consistently hears problems about Adams Homes but she never has problems with Ameron Homes, Tozzolo Bros. and Green Bros. 8 Regular City Council Meeting August23,2006 Page Nine Mr. Paternoster asked for a definition of unreasonable obstruction, and the City Attorney cited as an example a portalet sitting in the swale long term, and said we may have to do some tutorials with Code Enforcement. He demonstrated photos of obstructions, and stated that this has long been a concern of his and that this ordinance was not adopted when first considered because the Treasure Coast Builders Association stated it was going to assist the City. He then read from the poster regarding construction practices provided by TCBA, noting they have failed on most points, and asked them for documentation to show that they have attempted to assist. Rick Hope, President, Treasure Coast Builders Association, said it was a travesty to lump all builders into this category and he said he is offended. He said the poster Mr. Paternoster read from is not the correct one that is being used, said he had requested documentation of the complaints from city officials and never heard anything back, then cited other examples of how they have worked with city staff to work toward cooperation from the builders. He said TCBA is being held accountable for problems it is not hearing about, and it was their understanding that the problems they had been advised about had been resolved. Mr. Paternoster said TCBA should have invited the people who complain about the problems to sit down with them, and that he had given them the opportunity to voluntarily police themselves and now City Code Enforcement can do the job. Mr. Hope said builders' costs have gone up, construction is going to a crawl, and that there seems to be a negative attitude about builders up here. Mr. Paternoster invited him to go out with him tomorrow and he will show him the sites where there are problems. Mr. McCollum asked why a responsible builder would oppose this ordinance, and Mr. Hope said a four hour time and $500 fine is quite a burden, and to require silt fence is adding another expense and burden on the builders. Steve Buttles said this is a good stand, that there should be at least a $500 fine, said he has a list of people with complaints, and urged Council not to back up on this now. Allen Green, Green Bros., Vero Lake Estates, said he doesn't have a problem with the ordinance but invited anyone to come and move soil after a thunderstorm and recommended the time for cleanup be 24 to 48 hours, suggested installation of a culvert pipe, said rainstorms do cause washouts and contractors are at the mercy of subs to come out and take care of it, said GDC developments do have problems and it is difficult to build a home in these areas, asked if the City is going to dig out swales for properties that have not maintained their swales, suggested a progressive fine and time frame for correction so the guys who are trying to comply don't get hurt. Don Lamb, Big Wheels, local grader who works for Adams Homes, said he tries to talk to and work with adjacent property owners to keep them happy, and described how they are working with property owners to alleviate flooding. 9 Regular City Council Meeting August 23, 2006 Page Ten On MOTION by Ms. Coy and SECOND by Mr. Paternoster the meeting was extended for thirty minutes (to 11 pm) on a voice vote of 5-0. Nancy Offutt, TCBA, said they have tried very hard to work with local builders, had read about this ordinance coming back and contacted Mr. Eseltine who said he was unaware of any problems. She said TCBA meant well and still do and asked if there is anything that can be done to end this disdain. Mr. Paternoster said he would have appreciated a phone call from TCBA, said Maronda, Mercedes, Adams and CEMCO are the ones that have problems; and the people who are making the complaints are not being called for their input. Ms.Coy said her complaints were not addressed, that East Coast Sod, which contracts for Adams Homes is still piling sod in the swale; and asked where the responsibility lies with TCBA, saying she thought they were going to actively police themselves. She invited them to ride with her in the past and no one took her up on it and invited them to do so again. She asked the City Manager why Mr. Eseltine is telling TCBA there are no problems. Mr. McCollum suggested changing to a 12 hours notice, after 12 hours a stop work order will be issued without warning until water flow is restored. Mayor Burkeen asked who determines that water flow is restored. The City Attorney said Building or Code Enforcement Inspectors. Mr. McCollum said he thinks the fines are a waste of time. In response to Mr. Burkeen, the City Attorney said this would apply to all regulations except the silt fence, which would have to go up within thirty days of the adoption of the ordinance. Mayor Burkeen said this does not prohibit Mr. Green from putting in a culvert pipe; and noted this will be back on September 13, 2006; and invited builders to call him if they have any ideas. The City Attorney recommended amendment to the last two paragraphs to make them fit the stop work order. Mr. Paternoster said eliminating the fine is not correct, but agreed to drop it to $300. The City Attorney said initial fill is brought to the site six weeks before the construction so a stop work order is not going to make any difference, and Mr. McCollum then said he would agree with Mr. Paternoster on the $300 fine. Mr. Neglia again said he would like the four hours changed to 24 hours. On MOTION by Mr. McCollum and SECOND by Ms. Coy Ordinance No. 0-06-08 was passed on first reading with amendments to the inclusion of a stop work order, $300 fine and 24 hour time limit for correction on a roll call vote of 5-0. 10 Regular City Council Meeting August 23, 2006 Page Eleven 13. CITY ATTORNEY MATTERS The City Attorney reported on the Sebastian Crossings Subdivision plat resolution noting that the State does not review environmental studies but the US Fish & Wildlife service does. He explained that other tardy property owners had to pay the fines because the City still had the loan but now has been satisfied and Council can proceed at their pleasure with Mr. Cormier. He stated the Clambake Foundation is still looking for charitable organizations to be a beneficiary for the festival and urged the City to apply. 14. CITY MANAGER MATTERS The City Manager reported the splash pad will be open by the weekend. 15. CITY CLERK MATTERS None. 16. CITY COUNCIL MATTERS B. Ms. COY ii. Request to Change Second Public Hearing on FY 2006-07 BudQet to September 18 or 20, 2006 at 6 pm (no backup) On MOTION by Mr. McCollum and SECOND by Ms. Coy Council rescheduled the second budget hearing to September 20,20066 pm, and scheduled CRA meetings on September ih at 4:30 pm, September 20th at 5 pm and September 2ih at 6 pm on a voice vote of 5-0. 06.100 A. Mayor Burkeen i. Formal Confirmation of Mayor Burkeen Membership on IRC Public School Planning Elected Officials Oversight Committee (no backup) On MOTION by Mr. McCollum and SECOND by Mr. Paternoster the appointment was confirmed on a voice vote of 5-0. C. Mr. McCollum Said he had never approved any planned urban developments. 06.130 i. Request for Council Consensus on Environmental Committee Focus (no backup) It was the consensus of Council to direct Environmental Committee to research "no entombment" of gopher tortoises. 11 Regular City Council Meeting August 23, 2006 Page Eleven D. Mr. Paternoster Thanked Council for its support of the construction ordinance. E. Mr. Neglia Said the SRHS and VBHS football pep rally and game were great. 17. Being no further business, Mayor Burkeen adjourned the Regular Meeting at 11 :00 p.m. Approved at the September 13, 2006 Regular City Council Meeting. '~ B Ian Burkeen, Mayor l {/ \n - 12