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HomeMy WebLinkAbout01102007~~v or ~~~~_ ~- HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 10, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Burkeen called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was led by Council Member Neglia. 3. There was a moment of silence. 4. ROLL CALL City Council Present: 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 Airport Director, Joseph Griffin City Engineer, Dave Fisher Finance Director, Shai Francis Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Human Resources Director, Debra Krueger Interim Public Works Director, Jerry Converse Stormwater Superindent, Tim Walker Parks Superintendent, Chris McCarthy Police Chief, Jim Davis MIS Systems Analyst, Barbara Brooke MIS Systems Analyst, Barry Siepmann Regular City Council Meeting January 10, 2007 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda maybe added only upon a unanimous vote of City Council members (R-05-26) Mayor Burkeen requested that the item on Ocean Concrete under the City Manager's matters be moved to item 10A. Ms. Coy said she was concerned about all the old business that needs to be addressed but then following a show of hands of people in the audience present to discuss the issue she agreed it should be moved up. On MOTION by Mr. Neglia and Ms. Coy the item was moved as requested by Mayor Burkeen on a voice vote of 4-0. 6. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 06.062 A. Certificates of Appreciation to Charter Review Committee Members: Barbara Beck, Charles Cardinale, Maureen Cummings, Adrina Davis, Linda DeSanctis, Dan Dragonetti, Harry Enderlein, Marv McGee, Jim Morrison, John Oakes, Dennis Powers, Corey Richter, Richard Smith (Chair), Ruth Sullivan (Vice Chair and Acting Chair), Rick Villars Mayor Burkeen presented certificates of appreciation to all members of the Charter Review Committee who were in attendance and congratulated them on the their service to the City. 07.001 B. Certificate of Appreciation to Kevin Miller -Parks and Recreation Advisory Committee Kevin Miller was not in attendance. 07.002 C. Certificate of Appreciation to John Oakes -Planning & Zoning Commission Mayor Burkeen presented a certificate of appreciation to John Oakes for his service. 07.003 D. Employee of the Year 2006 -Officer Tom Poore Officer Poore was not in attendance to receive the recognition. 07.004 E. Introduction of Margie Reynolds, City of Sebastian Environmental Planner The City Manager introduced Margie Reynolds, the new Environmental Planner. 2 Regular City Council Meeting January 10, 2007 Page Three 07.005 F. Gang Activity Report -Police Chief Jim Davis (No Backup) Chief Davis presented a report on recent gang activity noting that the Police Department is taking apro-active stance. He presented state legislation entitled "Criminal Street Gang Prevention Act of 1996", stated the department will take a no tolerance stance and invited the public to contact the department with any concerns. Ms. Coy inquired whether a citizen workshop would be helpful to gather ideas from the community and schools. Mr. Neglia agreed. In response to Mr. Paternoster, the Chief said he had no indication that the group is related to a parent organization. He said any activity would result in enhanced prosecution if it was proved to be gang related. It was the consensus of Council to hold a workshop or town hall meeting and the City Manager was directed to meet with the Chief and come back with a schedule. 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. 1-41 A. Approval of Minutes -11/08/06 Regular Meeting 43-54 B. Approval of Minutes - 12/13/06 Regular Meeting 07.006 C. Resolution No. R-07-01 -Support for Florida League of Cities Legislative Priorities (City 55-60 Clerk Transmittal, R-07-01, FLC Letter 12/21/06) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2007 LEGISLATIVE SESSION. 07.007 D. Authorize Council Registration to IRCC State Attorney's Class The Sunshine Law, 61-63 January 31, 2007 at Fort Pierce Campus (Invitation from State Attorney, Info) 07.008 E. Authorize Purchase of One 2007 Chevy Impala from Alan Jay Automotive Network in the s5-7o Amount of $18,963 Under Terms and Conditions of Florida Sheriffs' Association Statewide Bid (FSA Bid Documents) 07.009 F. Waive Bid Procedure and Purchase Five Scoreboards for Barber Street Sports Complex 71-79 Under Piggyback form Pinellas School Bid #07-805-529-RN from Electro Mech Scoreboard in Wrightsville, GA in the Amount of $19,662 (Parks Transmittal, Three Quotes, Pictures, References) 3 Regular City Council Meeting January 10, 2007 Page Four 07.010 G. Award Bid for Annual Concrete to Jack Regan (City Manager Transmittal 1/3/07, Bid s1-1oo Proposals, Proposed Annual Contract) 06.187 H. Waive Formal Bid Procedures and Purchase Automated Weather Observing System 101-154 (AWOS) from Potomac Aviation Technology Corp. in the Amount of $68,000 (Airport Director Transmittal, Information) 07.011 I. Approve Alcoholic Beverage for Costanza Wedding Reception at Community Center - 155-159 March 24, 2007 -Noon to 4 pm -Age Verified (Parks Transmittal, Rental Permit Application, Receipt) Mr. Neglia removed items C, F, G and H. On MOTION by Ms. Coy and SECOND by Mr. Neglia items A, B, D, E, and I were approved on a roll call vote of 4-0. Item C - R-07-01 Mr. Neglia said he would like to have this sent to Sebastian's legislative representatives. On MOTION by Mr. Neglia and SECOND by Ms. Coy, item C was approved as presented on a roll call vote of 4-0. Item F -Scoreboards In response to Mr. Neglia, the City Manager said City staff would install the scoreboards. On MOTION by Mr. Neglia and SECOND by Mayor Burkeen, item F was approved as presented on a roll call vote of 4-0. Item G -Regan Concrete Mr. Neglia provided information for the benefit of the public regarding the unit prices, noting the form and pour only went up only by ten cents and fifteen cents and the sidewalk prep charge had gone down. On MOTION by Mr. Neglia, and SECOND by Ms. Coy, item G was approved as presented on a roll call vote of 4-0. Item H - AWOS The Airport Director responded to questions and comments of Council regarding the function of the system and the need for it to alleviate safety concerns. 4 Regular City Council Meeting January 10, 2007 Page Four Mayor Burkeen said he was concerned with using sole source and recommended items instead be bid out. The Airport Director said he had prepared a bid package if Council is inclined to direct him to do so. On MOTION by Mr. Paternoster and SECOND by Ms. Coy, item H was approved as presented on a roll call vote of 4-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS 07.012 A. Construction Board 161-170 i. Fill Unexpired Alternate Position with Term to Expire 9/30/2007(City Clerk Transmittal, One Application, Ad, Board Member List) On MOTION by Mr. Neglia and SECOND by Mr. Paternoster, Kerri Lanning was appointed to the alternate position on a voice vote of 4-0. 9. PUBLIC HEARING Quasitiludicial Procedures on Back of Agenda 06.165 A. Quasi-Judicial Public Hearing Resolution No. R-06-24 Bristol Lakes Preliminary 171-182 Plat Approval -Tabled at 11/8/06 Meeting (GMD Transmittal w/ list of additional information provided, Previous Backup is in Separate Book from 11/8/06 agenda) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A TOWNHOUSE DEVELOPMENT SUBDIVISION KNOWN AS BRISTOL LAKES; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Mayor Burkeen opened the public hearing at 7:35 p.m., there was no disclosure of ex-parte communication, and the City Clerk swore in all who intended to offer factual testimony. Growth Management staff presented its findings and analysis and reviewed revisions since the last hearing in response to concerns to several issues expressed at that time (Prior backup is included in the 11/8/06 agenda packet in Lasen`iche and new backup is included in the 1/10/07 agenda packet in Laserfiche). The City Attorney advised that all evidence presented on November 8, 2006 would be part of the record for this hearing. Joe Schulke, represented applicant Richard Jones Construction, citing the intersection analysis that was conducted in regard to the location of the entryway across from that of Park Place in accordance with Code requirements, noting the traffic consultant was here if necessary to respond to questions, stated the City Engineer has stated that the location it is consistent with State guidelines. He said the Fire Department has provided written confirmation which has been included in the packet, and discussed the additional buffering of the pool area which will be a six foot wall and a six foot shadowbox fence and landscaping which he hoped Council would find adequate. Regular City Council Meeting January 10, 2007 Page Six Mr. Neglia asked if the shadowbox fence will be wood or vinyl and said his preference is vinyl. Ms. King said there was a meeting with citizens with citizens of Palm Lake Club and they prefer vinyl. Mr. Schulke said he would ask his client about the vinyl and noted that the fence will be along the entire north property line. Mr. Neglia asked about school concurrency and asked if anything is planned for this. Mr. Schulke said he did not know how many children there wilt be and that Indian River County has not yet adopted the school concurrency issue. Mayor Burkeen noted there is still a split rail fence in the plan and Mr. Schulke said it has been addressed in the minutes and is committed to. Mr. Schulke said they are creating a larger wetland adjacent to a pond than is what is there now. Mayor Burkeen said there are concerns of Palm Lake Club residents about the pool location. Louise Kautenberg, Sebastian, said this type of housing is less expensive than freestanding housing and we are in need of affordable housing and encouraged approval. Pierre Paquette said he is not concerned about legality and knows Jan King well and that she will make sure that everything is legal, but asked is it right to put the pool where it is proposed. He suggested moving the pool 100 feet east where there are no adjacent homes. Tom Petrillo, Aldea Drive, said this neighborhood is single family homes and Council is going to put in a maze of traffic noting the count was taken in November, the school population will be horrendous, that the site does not fit the neighborhood, and said he was totally against it. Bruce Barkett, representing the applicant, said his client has gone above and beyond what is required in the Code, and said it is his client's decision how it wants to market the property in relation to the location of the pool. He said traffic counts were conducted in November but there is a system built into the count to account for seasonal increases. There was no further staff summation. Ms. Coy said when a project comes to Council with no requests for waivers and they meet the codes and ordinances Council has no choice but to approve it. She noted they honored some of the requests that were made, and school concurrency is under another authority. Mayor Burkeen said he understands property rights and this project has met requirements but to place a pool within 30 feet of someone's door is asking for trouble. The City Attorney said location of the pool is a site plan issue and had been addressed by Planning and Zoning with no question. 6 Regular City Council Meeting January 10, 2007 Page Seven On MOTION by Mr. Neglia and SECOND by Mr. Paternoster, Resolution No. R-06-24 Bristol Lakes Preliminary Plat was approved on a roll call vote of 4-0. Mr. Paternoster questioned whether the motion included the vinyl fence and it was noted the commitment to vinyl fence was on the record. Mayor Burkeen called recess at 8:06 p.m. and reconvened the meeting at 8:15 p.m. All members were present. 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 07.016 A. Ocean Concrete Report (No Backup) The City Manager opened up the item on Ocean Concrete, noting this is not a City issue because of its location, but is an issue that affects the City residents. He said staff has been and will be working closely with County planning staff, that there is an appeal process for staff review items, and if granted will go before County planning board. He said the Growth Management Director has been in touch with County planning staff and the City will be working with the staff on an appeal, and encouraged all residents with concerns to contact County staff. Rex Nelson, 710 Fischer Circle, Sebastian, read a prepared statement into the record objecting to the proposed concrete plant due to its proximity to homes, parks, and environmentally sensitive land and appealed to the Council to make a strong statement to Indian River County about its concerns (see letter attached. He requested an objection letter or resolution be sent to the County. The following City residents objected to the plant: Ray Halloran, 754 South Fischer Circle Paul Kroy, 749 South Fischer Circle Don Wright, 720 South Fischer Circle (see silica information provided by Mr. Wright) Ruth Sullivan, Indian River Drive In response to Mayor Burkeen many people in the audience raised their hands in support of a resolution to oppose the concrete plant. Todd Klitinic, Sebastian, said we need to bring jobs into the community and Mayor Burkeen said at what cost do we want to bring in industry. Lisanne Monier, Sebastian, said this was a campaign issue that came up last year and was put on the back burner, that this was a high tech industry and if the City is going to fight it on a safety basis it may lose the battle. 7 Regular City Council Meeting January 10, 2007 Page Eight Don Gleason, Sebastian, said according to the Chamber of Commerce this would produce about 20 jobs, noise will be a factor for adjacent property owners, fines are being levied against the plant owners for improper location of palm trees, said he and his wife are adamantly opposed. John Oakes, 593 Birch Court, said adverse effects on property values, and recommended the County should look in Vero Beach for property for the plant. Norma Cox, River Run, asked if this is such a state of the art facility where are there other state of the art facilities like this one proposed and what are the effects of silica near them. Dale Simchick, 766 South Easy Street, said the City is being very helpful, that the City will be affected, that the plant does not have DEP permits in yet nor MPO approval, and they have not applied for FEC RR permits. She urged citizens to write objection letters to Indian River County staff members Stan Boling and David Hayes, and John Turner, Eugene Elliott and Ally Kaz at DEP. Damien Gilliams, Sebastian, said it is a shame that Council doesn't have a policy of annexation, which could have stopped this. He said he feels for the people, but they should hire a lawyer and put professional testimony on the record, instead of grandstanding like politicians. He cited Ms. Coy's name. Ms. Coy said there is campaigning going on and if she is not allowed to campaign here no one else should be allowed. Mayor Burkeen asked Mr. Gilliams to stop campaigning. Ms. Coy said she would like to write a letter to the County, noting her biggest issue was the railroad spur and the traffic blockages. She asked Ms. Simchick to provide her with the names and addresses of all of these agencies she cited so they can be passed out to residents. She said the Growth Management Director has done a great job of researching this issue and working with Indian River County staff. Mayor Burkeen said he is opposed to the plant, does not recall this property owner requesting annexation, and would support a letter writing campaign. Mr. Neglia urged a letter writing campaign by residents. In response to Mr. Paternoster, the City Attorney said a resolution would merely express our concerns to the County Commission, and it would be his guess that the County has a policy that letters would have to go to planning staff rather than the commission because of anon-interference clause and because the commission would be the final appellate party if an appeal were filed. He also advised that the key would be to look at the County Comp Plan to see if there is some violation of the plan by this project. On MOTION by Ms. Coy and SECOND by Mr. Paternoster staff was directed to bring back a resolution of non-support of the concrete plant for the January 24, 2007 meeting on a voice vote of 4-0. Regular City Council Meeting January 10, 2007 Page Nine 07.013 A. Damien Gilliams (no backup) i. Policy Changes for the Airing of CRA and City Council Meetings Mr. Gilliams approached the podium wearing a hotdog on a bun hat and was asked to remove it on a point of order by Mr. Paternoster if he wished to address Council. The City Manager responded to Mr. Gilliams request as to whether or not we broadcast CRA meetings with a brief history on the broadcast issue. He said if Council wants to revise the current policy of broadcasting City Council and Planning and Zoning meetings additional funding will be necessary for staffing or broadcast services, and noted the only complaint he had received on the current policy was from Mr. Gilliams. Mr. Gilliams read from the City Broadcast Policy mission. He said a decision was made at a CRA meeting for a large amount of money to purchase the Boudrot property and the meeting was not broadcast. He alleged staff wanted to keep the CRA meeting off the air so they took it upon themselves not to air it and instead ran special event coverage so the public wouldn't see it. Ms. Coy asked if he was charging some criminal activity. Mr. Gilliams asked Council to budget money to air all meetings. ii. Charter Requires Five Council Members - We Wish Vacant Seat Be Filled Mr. Gilliams said the City charter states that there shall be five council members and vacancies shall be filled, and pointed out that Council cut a deal with Mr. McCollum to come back if he was needed. He said that he would like to see five people up there. Ms. Coy asked if he was charging criminal activity and Mr. Gilliams was reminded that Mr. McCollum offered to come back if needed and no deal was cut. Mr. Gilliams read from the City Charter again at the request of Mr. Paternoster, and Mr. Paternoster asked if there is any time frame written in the charter for filling the vacant position, and Mr. Gilliams was not able to answer that there was any specific time frame written in the charter. Mr. Paternoster noted Council is aware of the requirement to fill the vacancy and they will decide when to do so. iii. Capital Improvement List (Treasure Coast Delegation) Mr. Gilliams said the Treasure Coast delegation had an opportunity to hear from all agencies in Indian River County and he had brought this to the attention of Council and the City Manager numerous times and on the day they were meeting, and questioned why no one brought anything to them when there are needs in the City. 9 Regular City Council Meeting January 10, 2007 Page Ten Mayor Burkeen said Mr. Gilliams asked him and the City Manager to come up with a list on the day of the meeting and this Council had not voted on anything and it would have been inappropriate. Mr. Gilliams said he first requested this in June and then said it was time to go out to bid for a new manager. Mayor Burkeen asked Mr. Gilliams to be seated. In response to Mr. Paternoster, who asked if he was aware of this in June, the City Manager said he honestly doesn't always listen to Mr. Gilliams and on the one hand Mr. Gilliams states that the City Manager unilaterally overstretches his authority and then on the other hand he states that he is not doing enough. He said staff has historically brought in significant numbers of grants, staff is out there getting money and may be able to get about a half a million for Collier Creek. Mr. Paternoster said the City Manager should be bringing these types of recommendations to the Council, and there should be someone on staff who actually seeks grants. Ms. Coy said Mr. Gilliams should not be dictating to Council from the podium what the City Manager does until he is a council member, and it is up to Council to direct the City Manager. Mayor Burkeen called recess at 9:27 p.m. and reconvened the meeting at 9:35 p.m. All members were present. Mr. Molford, 741 Sebastian Boulevard, said he and his wife decided to paint his building yellow and found out he had to get approval of the color from Growth Management, which informed him that his yellow was too bright, and stated that there were nine other buildings with the same color, and asked how these people had gotten away with this. The City Manager responded that the 512 overlay district code regulations have no teeth for enforcement, and reported that there will be a presentation on the color wheel on the 24tH The City Manager said the current policy is that the this color is not allowed in the district, and explained prior approvals and said Mr. Mulford was given options to go to another color or request a waiver from the overlay requirement. He said if this is a color that Council thinks is reasonable it could change the color wheel reference in the code. Mayor Burkeen said if we know they are incorrect from previous staff, why are we not pursuing them with code enforcement. Mr. Molford cited the color of Arnold Air Conditioning as being the color he wanted to use. Mr. Paternoster said he had spoken with Mr. Molford and the City Manager, and was appalled at the January 9th newspaper article about this issue because it did not tell citizens that we working on a new program for code enforcement but that there is no code enforcement going on. He said he has been working on code enforcement standard 10 Regular City Council Meeting January 10, 2007 Page Eleven operating procedures with the City Manager since August and still nothing is in effect, noting he was instrumental in moving Code Enforcement from the PD to Growth Management; and he is anxious to see if violations had been given out for other buildings with the wrong color paint. Ms. Coy said she has seen code enforcement staff enforce the rules around here. She said she wants to see a solution to Mr. Mulford's dilemma now. Mr. Paternoster said we have people who currently owe the City over $55,000, we have no means to collect the money, and further described how poorly he believes the code enforcement process is operating. Ms. Coy again said we need to resolve Mr. Mulford's problem now and the Growth Management Director said there would be ways to change the color to something that would fit or could apply for a waiver at a cost of $350. Mr. Mulford said he would wait until the colors are changed. The City Attorney advised that liens can be collected on commercial buildings but the City cannot lien homesteads. The City Manager again said there would be a presentation on January 24th to look at the color wheel. Mr. Paternoster noted we did not offer Mr. Mulford a fee waiver for the color waiver. Joe Scozzari said there would be three council meetings with only four Council members and SPOA is running the City. Mayor Burkeen asked Mr. Scozzari to be seated because he was campaigning. John Oakes, 593 Birch Court, Sebastian, said he would like to interject civility and rationality into the meetings and challenged Council to watch its proceedings to determine whether decorum is being used in accordance with Roberts Rules. He said if Council is not happy with staff they should get rid of them said it is disheartening for people to watch these meetings. Tony Tuccillo, citizen and part-time skateboard attendant, said Chief Davis gave a very precise presentation about gangs, and stated there are two problems, the escalation of gangs and kids who might want to aspire to be like them. He said there are children who come from homes where there is no parental guidance, and encouraged all residents and business owners to come out to the workshop. Ms. Coy read a message from Mr. Tuccillo's wife who stated today is their 21S` wedding anniversary and if he is here to protect children he is right where he should be. 11 Regular City Council Meeting January 10, 2007 Page Twelve Joe Scozzari again asked to speak and was asked again by Mayor Burkeen to cease his input, and he continued. Mayor Burkeen perceived something he said as a threat (Mr. Scozzari was not in proximity to a microphone) and asked Chief Davis to escort Mr. Scozzari out of the building. Todd Klitinic, talked about the proposed homestead exemption for seniors, requested a promise that his ditch will be cleared again, asked for a workshop for homeowners insurance, discussed clambake records, and the Boudrot purchase. Cynthia Noonan, spoke on the gang issue, stating that her son has been dealing with it, said she appreciated Chief Davis' presentation, and asked whose responsibility it is to clean it up the graffiti and said schools need to be more involved. Dale Simchick, 766 South Easy Street, Sebastian, expressed gratitude for the increase in police personnel, recommended people bring ideas to the gang workshop, and reported the owner of Sebastian Harbor has made an offer to sell its land to Indian River County for a preserve and asked for citizen support. Eugene Wolff, Wimbrow Drive, Sebastian, said it is imperative that tagging is covered up as soon as possible to prevent its proliferation. He said the old Hale Grove building has been the victim of grafitti and suggested the Council ask them to paint over that. He said he would like to hear more information and had a concern about the LAC purchase amount, and wondered why the road through that area could not go through a preserve such is done in other preserved areas. On MOTION by Mr. Neglia and SECOND by Mr. Paternoster the meeting was extended for public input and a continuation of this meeting was called for Thursday night at 6 pm to finish items not addressed tonight on a voice vote of 4-0. Lisanne Monier spoke on behalf of Father John Morrissey and parishioners from St. Sebastian Catholic Church who asked her how the church can be protected from people campaigning outside the church during masses. The City Attorney said while it is difficult to legislate good taste, there are some avenues he can look into and report back at the next regular meeting. Mayor Burkeen directed him to look into this. Patrick Hall, President of Collier Creek Estates Homeowners Association, presented the association's position on the extension of Fleming Street through their subdivision, because they believe it would produce a considerable detriment to the development. Mayor Burkeen said Fleming Street is an MPO twenty year project and he would get with them and would have an update on this tomorrow night. 12 Regular City Council Meeting January 10, 2007 Page Thirteen Sue Krese, Laurel Reserve, said she was confused if it was atwenty-year process why was it surveyed. She also read a letter of objection to the proposed concrete plant. As noted by Mr. Neglia, the City Manager said there was money available so the survey was done, perhaps in an attempt to move the project up but that did not guarantee that it would be moved up. Richard Baker, President Audubon Society and chairman of Land Acquisition Committee said the Sebastian Harbor property is probably one of the nicest with a large number of endangered species that LAC has had the opportunity to purchase and urged approval. Damien Gilliams said he called Growth Management for an update on the site plan he submitted in October and alleged that staff is pigeonholing his application. Mayor Burkeen directed the City Manager was directed to look into it. Mr. Gilliams then asked where the clambake records were that "we" requested and Mayor Burkeen said Council had reviewed the opinion and it would be reviewed and addressed at a future meeting. Mr. Gilliams then asked about the audit requested by former Councilmember Barczyk and he was reminded that this is not new business and the audit had been completed. Mayor Burkeen adjourned the meeting at 10:58 pm and all items not addressed will be continued on January 11, 2007 at 6 pm. 11. OLD BUSINESS 06.094 A. Conlon Landscaping Ditch/Swale Maintenance Agreement -Reallocate $89,690 ~s3-2os from Stormwater Pest/Weed Control Line Item and $12,258 from General Fund Contingency and Approve Second Year Contract Amendment Option for a Total of $376,948 Available to Conlon -Tabled Until January 10th For Further Cost Breakdown Information (City Manager Transmittal 1/2/07, Analysis, Conlon Letter, City Manager Memo 12/14/06, Previous Backup from 12/13/06 Agenda) 06.008 B. Award Bid for Unit Price Contract for Quarter Round Swale Improvements and 2o7-2s3 Defective Driveway Culvert Replacement Project as Specified by City to Timothy Rose Contracting, Inc. of Vero Beach with Final Total Contract Not to Exceed $800,000 -Tabled to January 10th meeting for Corrected Bid Information (City Manager Transmittal 1/4/07, City Engineer Memo, 12/13/06 Transmittal, Proposed Agreement, Maps) 06.105 C. Reconsider Tim Rose Sidewalk Contract (City Manager Transmittal 1/4/07, (City 265-32s Manager Transmittal, Colored Maps Inserted in Packet) 06.180 D. Award of Contract for Thermoplastic Striping of Periwinkle Drive from Barber Street 327 to Bridge in the Amount of $17,000 -Tabled Until January 10th Meeting For More Information And Justification For Using Thermoplastic Rather Than Paint (City Manager Transmittal 1/3/07) 06.167 E. Backout Parking for Indian River Drive -Requested to Be Brought Back by Mayor 329-334 Burkeen at 12/13/06 Meeting (GMD Memo 11/2/06, P & Z Minutes 2/16/02) 06.143 F. Airport Facilities Rental Bid Protest (City Manager Transmittal, Please Bring 335 Information Previously Distributed by City Manager on 1/2/07) 13 Regular City Council Meeting January 10, 2007 Page Thirteen 12. NEW BUSINESS 07.014 A. Contract Award for Construction of Twin Ditches Capital Improvement Project to 337-390 Master Excavators, Inc. in the Amount of $897,133.50 in Accordance with Approved Plans and Specifications (City Engineering Transmittal, CDM Letter, Draft Contract) 07.015 B. Gary Scott Field at BSSC -Requested by Mayor Burkeen on 12/13/06 (Ms. Hill's 392-393 Note, 12/13/06 Minutes Excerpt) 13. CITY ATTORNEY MATTERS 06.196 A. Discussion of Signs in Council Chambers -Never Addressed on 12/13/06 (No Backup) 06.096 B. Code Enforcement Magistrate -Direction on Process (No Backup) 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS Manor Burkeen 07.017 i. Replace Former Council Member McCollum's Positions on County & 3s4 Regional Boards (List) 07.017 ii. Assign Council Attendance for Indian River County Commission Meetings ass (Calendar) B. Ms. Cov 07.018 i. Sebastian Harbor (No Backup) C. Mr. Paternoster 398-405 i. Amendment 6 to Florida Constitution to Increase Maximum Additional Homestead for Low Income Seniors from $25,000 to $50,000 -Effective January 1, 2007 (Vote Smart Summary, 0-04-02, S6452) D. Mr. Neglia 17. ADJOURN Approved at the January 2 4 , 2 0 0 7 Regular City Council Meeting. r-`.' ~, Brian S. Burkeen, Mayor ATT _, ( . / 7 ~\y ~.~ Sally A. Ma' , MMC -City Clerk 14 Concrete Plant Council Talk Jan 10 Abridged I'm Rex Nelson of Sebastiar~living at 710 Fischer Circle, Sebastian Members of the Council, City Manager~Staff, and Citizens of Sebastian, thank you for allowing me to speak regarding the Ocean Concrete, Inc. application to erect a seven story environmentally impacting plant at 11085 Old Dixie Highway, Sebastian, which is very near my address, Laurel Reserve, Collier Creek Estates, River Run, Reflections, The Sebastian Riverview Park, The Highlands. The Schumann Drive residents, Pelican Island, Roosevelt Island and adjacent County lands. These areas are witahin a mere mile or so from this environmentally dirty concrete plant site. To a lesser extent, virtually all homes in Sebastian, and adjacent County lands will be impacted, if Indian River County approves the plant. The issues confronting us all cannot be ducked by saying it's only County matter. The potential pollution impacts will not recognize the artificial boundary between the City and the County. I appeal to the Council, to make a strong statement to the County Commissionersyabout ,, ~. your serious concerns. .~ ~ `~~°~ `~, .~~ c ~'~~ It's high time the citizens of Sebastian become informed. I've asked over a hundred ~% u~ ! ` ~ ~~ people: "Do you know about the proposed concrete plant?`I estimate 80 to 90 per cent say ~ .t-~. c o ~'~~~ ~ n®~ After we discuss the issues for a few minutes, everyone says they are against it. A ~ `/c'aYS4 TD`S few say it's a "done deal," and one more example of corporate greed. They can't believe - '-_ "' r''~''~~~ 1 it could be located in the midst of so many residential areas. So far your almost unanimous in opposition. ~ t ' ,~.....~i ~"~'Y~ r ~~ ~..,~ S ,~- "°~ The Friday, January 5`", Florida Today said that Palm Bay had an application before its government for a concrete plant. They had the land zoned for HEAVY INDUSTRY. Our County zoned it Industrial Light. Concrete trucks weigh 30 tons or more. We are victims of a faulty premise. Will truly light industries, like electronic circuit board assembly, p~l''}Aocate adjaceFnt to thus seven story monstrosity? ~( -LYQ~~Q•~R~ ~ ~~ `' 'w.. ~ , r ~e nom. *~'JJ .-- We urges that the County not grant an exemption for height because the developer calls it's building a silo, in the category of steeples. Silo pertains to how a structure is used not a type of building in this application. OCI wants to build a tower in violation of code. Also we`~ite serious issues: AIR POLLUTION, WATER, NOISE, TRAFFIC, THE F.E.C. RAILROAD SPUR, to name a few. After a short two weeks of meeting with the City Manager's Staff, we are confident the'~are well versed about these and other issues. TIME IS OF THE ESSENCE! A strongly written letter to the County, or Resolution seems to be required before all the parties spend any more time and money. will very much regret letting this project come to fruition in very beautiful residential areas , ~~~ ~ {a u~ _.,~ ~~ ~ ~, e ~ ~~~ r ilo~os ,~ ~~~ ~ ~.~i~''l~i j/~%2 y ~ ~ /'w boy 1'L~ J' ,r i? ~ /~ P~ ~yNi~- , ,~ ~' ;~~~ Silicosis ~ j ~j gin; ~ ~ ~ ~ ~ Page 1 of 2 Dvn ~/ri5f~t U.S. Department of Labor M Occupational Safety & Health Administration WWW.OS~1F~.90V ~ MyUSMA _ Search ~~ ~~ Advanced Search ~ A-Z Index OSHA ~a4~~`i- Protect Yourself Silicosis Silicosis is caused by exposure to respirable crystalline silica dust. Crystalline silica is a basic component of soil, sand, granite, and most other types of rock, and it is used as an abrasive blasting agent. Silicosis is a progressive, disabling, and often fatal lung disease. Cigarette smoking adds to the lung damage caused by silica. Effects of Silicosis ^ Lung cancer -Silica has been classified as a human lung carcinogen. ~^ Bronchitis/Chronic Obstructive Pulmonary Disorder. ^ Tuberculosis -Silicosis makes an individual more susceptible to TB. ^ Scleroderma - a disease affecting skin, blood vessels, joints and skeletal muscles. ^ Possible renal disease. Symptoms of Silicosis ^ Shortness of breath; possible fever. ^ Fatigue; loss of appetite. ^ Chest pain; dry, nonproductive cough. ^ Respiratory failure, which may eventually lead to death. Sources of Exposure ^ Sandblasting for surface preparation. ^ Crushing and drilling rock and concrete. ^ Masonry and concrete work (e.g., building and road construction and repair). ^ Mining/tunneling; demolition work. ^ Cement and asphalt pavement manufacturing. Preventing Silicosis ^ Use all available engineering controls such as blasting cabinets and local exhaust ventilation. Avoid using compressed air for cleaning surfaces. ^ Use water sprays, wet methods for cutting, chipping, drilling, sawing, grinding, etc. ^ Substitute non-crystalline silica blasting material. ^ Use respirators approved for protection against silica; if sandblasting, use abrasive blasting respirators. ^ Do not eat, drink or smoke near crystalline silica dust. ^ Wash hands and face before eating, drinking or smoking away from exposure area. http://www.osha.gov/Publications/silicosis.html 1/8/2007