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HomeMy WebLinkAbout02282007rnv~~ $~~AS"t - -~" HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, FEBRUARY 28, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY REINSPECTED /N THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the Cify Council with respect to agenda items immediately before deliberation of the item by the City Council 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER ANDREA COY 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL 6. 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) 7. ITEMS NOT COMPLETED ON FEBRUARY 14, 2007 A. Mr. Paternoster - (2/7/07 E-Mail) 07.049 i. License for Non-Resident Lawn Maintenance Vendors (Growth 1-3 Management Memo 2/7/07) 06.114 ii. Update on Overgrown Lots (no backup) 07.051 iii. Grant and Contract Administrator for Sebastian (no backup) RESUME FEBRUARY 28, 2007 AGENDA 8. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 07.044 A. Presentation of Certificate of Appreciation to David Rodriguez for Tree & Landscape Advisory Board Service 07.052 B. Presentation of Proclamation -Lisa Mucci -Teacher of the Year for Indian River County 07.003 C. Presentation of Plaque to Employee of the Quarter -Donna Cyr, Records Program Manager, City Clerks' Office 07.053 D. Dan Stanley - Order of the Purple Heart 07.054 E. Comprehensive Audited Financial Report Presentation (Report Distributed Previously Under Separate Cover) 07.055 F. Annual Sebastian CRA Report Presentation (City Clerk Transmittal, Annual 5-24 Report Prepared by Finance Director) 07.036 G. Sebastian River Area Chamber of Commerce Economic Development Report 8. 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. 25-37 A. Approval of Minutes - 2/14/07 Regular Meeting 07.056 B. Purchase D.A.R.E. Incentive Items for Students in the Amount of $2,562.43 39-44 from PD Forfeiture Funds (PD Transmittal, Requisition Forms) 8. COMMITTEE REPORTS/RECOMMENDATIONS 07.057 A. Consideration of Sunset Provision of R-05-11 for Environmental Advisory Committee 45-49 (City Clerk Memo, R-05-11, Sec. 2-240 Code) 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 11. UNFINISHED BUSINESS 07.058 A. Agenda Format -Location of Introduction of New Business from the Public (City 51 Clerk Transmittal) 07.046 B. Bostinto Drainage Issue -City Engineer Report and City Attorney Report on 53 Whether These Issues Should be Handled Case-by-Case or City-Wide (City Engineer Report, City Attorney Report Under Separate Cover) 2 06.114 C. Discussion of Draft Ordinance No. 0-07-06 -Overgrown Lots (City Attorney 55-5s Transmittal, 0-07-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 66-3 TO DEFINE OVERGROWN LOTS NEXT TO HOMES AS A NUISANCE; PROVIDING FOR CONFLICTS; SEVERABILITY AND EFFECTIVE DATE. 07.029 D. Approve CDM Collier Canal Seawall Assessment and Design Project Contract 61-71 (City Engineer Memo, 1/24/07 City Engineer Transmittal and Previous Backup - CDM Letter, Proposed Agreement) 12. NEW BUSINESS 07.059 A. Alternate Representative Proposal by Treasure Coast Regional Planning Council 73-81 (Minutes, Code, Revenue Report, Info) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mr. Neglia B. Mayor Burkeen C. Ms. Coy D. Mr. Paternoster 17. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE /N THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Culeetin~s are Schec~ulEC! for Live Braa<ic,ast can Corncast Ch~anne125 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetings: March 14, 2007 - 7:00 p.m. -Regular Council Meeting March 19, 2007 - 7:00 pm Special City Council Meeting March 28, 2007 - 7:00 p.m. -Regular Council Meeting Apri111, 2007 - 7:00 p.m. -Regular Council Meeting April 25, 2007 - 7:00 p.m. -Regular Council Meeting May 9, 2007 - 7:00 p.m. -Regular Council Meeting May 23, 2007 - 7:00 p.m. -Regular Council Meeting June 13, 2007 - 7:00 p.m. -Regular Council Meeting June 27, 2007 - 7:00 p.m. -Regular Council Meeting City of Sebastian Growth Management Department 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 MEMORANDUM DATE: February 7, 2007 TO: Al Minner, City Manager FROM: Rebecca Grohall, Director SUBJECT: Potential registration process for lawn maintenance businesses Our department has followed up on Councilmember Paternoster's suggestion that the City develop a process to register lawn maintenance businesses. This is in response to his inquiry from a resident whose perception is that most lawn care businesses operating in the City are "unlicensed". Occupational licensing for the City of Sebastian is required when the business is operated from a Sebastian address within the City limits. If a lawn care business is not operated within the City, they are required to be licensed through another jurisdiction (which could be Indian River County, City of Vero Beach, Brevard County, etc). This is outlined in the City of Sebastian Code of Ordinances Sec. 30. The City could require a registration process whereby a landscaper wishing to conduct any business within the City would need to provide the City with their occupational license from another jurisdiction. Currently, the City of Sebastian has 69 licensed lawn maintenance businesses, Indian River County licenses 589 lawn maintenance businesses and Brevard County licenses 1.,635 lawn maintenance businesses. Recommendations from staff include: • Utilize a "hang tag" in lieu of a sticker, better visibility and easier to update from year to year. • Hang tags should be consecutively numbered, so that hang tags are associated with a specific business. However, since it is unknown how many lawn care businesses ~__\ ~ 7. ~~~ Page 2 licensed currently do business in the City - it may be extremely difficult to estimate the number of hang tags needed in the first year. So, for the first year, I would recommend we utilize the style Item #Y5678 where Staff can write in the name, expiration and sequential number of the permit. The proposed item is shown to the left, and on the last. page of this memo. • Pricing is $60 plus shipping for the first box of 25 hang tags, with price reductions for multiple boxes. To cover the Sebastian businesses would require 3 boxes (75 hang tags), its unknown how many we-would need to register lawn maintenance's who are licensed elsewhere but conducting business within the City. Based upon calls to other areas, that could mean the City would need 1,000-2,000 tags at a cost of approximately $4,800. ~' ~. ~r~ir~rw~_~w~ ~~ Registration cost charged to businesses should include the cost of the hang tag, shipping, and staff time, this would be in addition to the license fee of $66.00. However, since the City cannot force one group (lawn maintenance) to additional fees, the. cost of the tags.. (potentially estimated at $4,800) would have to be absorbed into the current operating budget for Occupational Licenses. • The Occupational License portion of Growth Management budget currently receives approximately $115,000 in revenue each year, with expenses (salary, overhead and supplies) estimated at $55,000. • Hangtags would have an expiration of September 30t" of each year, which is the same expiration as the actual occupational license. • Applicants would complete a registration form, with information about their business, vehicle information (year, make, model, etc) where the hang tag would be displayed, etc. This form would be submitted with a copy of their occupational license, whether issued by the City or another governmental agency. Occupational Licensing issued 1,505 occupational licenses last year, a number that has increased significantly from two years ago when only 1,000 licenses were issued. Already for this year, the first quarter reports indicate that the City will surpass the 1,500 mark this year and continue the growth in licenses issued. ~~ Occupational Licenses Issued '~ ~ ~ 1, 5E)5 1,600 '~ 1;295 1,400 1,200 .;~ 1,000 800 - __ 600 400 ___ . 200 0 2003/04 2004/05 2005/06 Page 3 aatety5ign - nrowser Page.1 of '` Dlylslon of Brlmar Iridustr/es Gust~omer 5ervlce T=800-274-6271 Parking Permits only, Not Numbered. T ges of 25 tags" i RlXL lr SL_w..r! fll, Wtk rih- ~m.~-' I Qty Name Price o ewlcLr WJT ~ 2-314 x 4-314 Green Tag. Un-numbered Quantity-pricing Quantity Price 1 $6Q.40 6 $57.25 11 $5.1:.45 Search For ProduUS By.Parl IVumher ar Keyword: Seatch,Tertns,_ ^ GO S^.7nAlort• TESTEQ 1 , Or- £B >_~ r•-~n -~ - VlS4' AMEJC - .. i ~t SHIP,ti ~_.~ http://wwwaafetysign.com/browser.asp?ItemCodeId=2071746070&showcase--yes&Start=0&EDI=28-52-3b-... 2/7/200 ; - History: My Last Search Path: All brandslAll categorieslStock Parkittp Slgns\Parking Permits = Custom ' ~ ` Signs & tlei:als _ Item # Y5678 ll~ _ This 2%" x 4'/<<" tag is available. in .055 Plastic areas for you to fill out manually. Set is packs arc a ~ ~ HOME OF PELIUN ISWVD City of Sebastian 1225 Main Street Sebastian, Florida 32958 An ua ebastian CRA Report Agenda No: ~~~~' Department Origin: City Clerk for City Manager M ager Date Submitted: 2/22/07 City Attorney For Agenda of: 2/28/07 CRA and City Council Meetings Exhibits: Annual Sebastian CRA Report SUMMARY STATEMENT Section 163.356 (3)(c), FS, requires the Community Redevelopment Agency to file a report of activities to the primary government by March 31 each year and publish in the newpaper notice of availability of the report. Section 163.387(8) FS, requires each CRA to provide for an annual audit. The CRA audit can be separate or it can be included with the local governing authority's audit as a major fund. The City's Comprehensive Audited Financial Report (CAFR) includes the CRA audit required by 163.387(8), FS, and the CAFR will be formally presented at the City Council meeting at 7pm. The Annual Sebastian Community Redevelopment Agency report of activities required by 163.356(3)(c) FS was prepared by the Finance Director and is attached for your review. It will be formally presented to City Council following presentation of the CAFR at the Regular City Council meeting at 7pm. Upon receipt of the CAFR and Annual Sebastian CRA Report by the City Council, the City Clerk will publish in the newspaper availability of the report. RECOMMENDED ACTION FOR CRA: Accept the Annual Sebastian CRA Report and forward it to City Council for Acceptance. FOR COUNCIL: Accept the Annual Sebastian CRA Report and direct the City Clerk to publish its availability in the newspaper. SEBASTIAN COMMUNITY REDEVELOPEMNT AGENCY ANNUAL REPORT Under Chapter 163.356(3)(C) ClIY OF FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2006 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 (J HOME OF PELICAN ISLAND TABLE OF CONTENTS Letter of Transmittal i List of Principal Official ii History I Exhibit I -Sebastian CRA Boundary 2 FY 2006 Sebastian CRA Activities 3 Exhibit II -Operating Millage Rates in Redevelopment Area 4 Exhibit III -Taxable Value in Redevelopment Area 5 Exhibit IV -Tax Increment Revenue 6 Financial Statements 7 iv ur of S~,BASTI~ ~...r, HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 • FAX (772) 589-5570 February 22, 2007 Sebastian Community Redevelopment Agency Board Chairman and Members City of Sebastian, Florida Dear Board Members: We are pleased to submit the Annual Activity Report of the Sebastian Community Redevelopment Agency for the fiscal year ended September 30, 2006. Section 163.356(8)(C), Florida Statutes, requires each CRA to file with its governing body, on or before March 31 each year, a report of its activities for the proceeding fiscal year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such fiscal year. In addition to meeting this legal requirement, the report provides additional information concerning the benefits afforded by the agency to other jurisdictions and citizenry in general. Responsibility for both the accuracy of the presented data and the completeness and fairness of the presentation, including all disclosures, rests with the management of the City. We believe the data, as presented, is accurate in all material respects, and that all disclosures necessary to enable the reader to gain an understanding of the Sebastian CRA's operation and financial activity have been included. Shai L. Francis, CPA, CGFO Director of Finance City Manager J2 LIST OF PRINCIPAL OFFICIALS September 30, 2006 Chairman Brian S. Burkeen Board Member Andrea Coy Board Member Nathan McCollum Board Member Sal Neglia Board Member Al Paternoster 13 ~4 History of the Sebastian Community Redevelopment Agency (Sebastian CRA) The Sebastian Community Redevelopment Agency (Sebastian CRA) was created in 1995 by the City of Sebastian City Council under Chapter 163, Part III of the Florida Statutes. The original Sebastian CRA includes an area generally east of the FEC Railroad right-of- way to the eastern City limits. The Sebastian CRA was established to ensure that the downtown and surrounding vicinity would develop with a coherent community vision, and to encourage reinvestment throughout the CRA. The area later was expanded in 2003 to include the Sebastian Boulevard "Triangle" area west of the FEC Railroad right- of-way. The total Sebastian CRA area is 299 acres excluding road rights-of--way (Exhibit 1). The governing body of the Sebastian CRA is the Sebastian City Council. The Board is comprised of five. (5) members. Under the State Statutes and the City ordinances, the Sebastian CRA has substantial powers and authority within the Sebastian CRA area. These include the power to make and execute contracts, to acquire and dispose property, to approve development plans, to implement a program of voluntary or compulsory rehabilitation of buildings, to mortgage its property, to borrow and invest money, and to apply for and accept grants and contributions. The major funding source for the Sebastian CRA is tax increment revenue. Tax increment revenue is the increase in ad valorem tax attributed to the increase in the assessed value over a `base year" for various jurisdictions in the redevelopment area. The jurisdictions remitting tax increment revenue to the Sebastian CRA are the City of Sebastian and the Indian River County Board of County Commissioners. After the establishment of the Sebastian CRA in 1995, the City established the Redevelopment Trust Fund and the base year for tax increment revenues as well as adopted the 1995 Community Redevelopment Plan. The boundary was later expanded to include the adjacent Sebastian Boulevard "Triangle" area in 2003, and the redevelopment plan was also modified by the Iler Planning Group on behalf of the Sebastian CRA. The 2003 plan basically unifies the 1995 Sebastian CRA boundary and the expansion area as one cohesive CRA, and presents conceptual district recommendations, potential policy amendments, and capital improvements intended to meet the City's redevelopment goals. Since the establishment of the original Sebastian CRA in 1995, numerous projects have been accomplished. Accomplishments are as follows: ^ Provided annual funding support to festivities such as Riverfront Christmas decorations, Clam Bake festival, fine art festival, concert in the park, and Pelican Island celebration since the year 2000. ^ Completed Riverview Park Phase I, boat dock, landscaping, and shoreline stabilization project in 2001. ^ Developed community redevelopment master plan in 2003. ^ Completed Jackson Street extension, sidewalk, and street light project in 2004. `~ 1 .aoPn r~ FY 2006 Sebastian CRA Activities The Sebastian CRA is treated as a special revenue fund of the City. An independent financial audit by an external CPA firm has been accomplished annually to be in compliance with Section 163.387(8), Florida Statutes. An annual budget is also adopted by the Sebastian CRA Board to be in compliance with Section 189.418(3). Major accomplishments of the Sebastian CRA in 2006 include: ^ Purchased a band shell to provide mobile stage for riverfront festivities. ^ Provided funding for concert in the park, fine art festival, and Christmas decorations. ^ Initiated the facade, sign, and landscape grant program to help business, in the Sebastian CRA district, to improve the aesthetics of their properties and buildings. o Initiated the Main Street/Indian River Drive intersection improvement project. ^ Appropriated funding for Sebastian Gateway Enhancement, Riverfront Parking/Yacht Club project, and Corridor St. Landscape project. Tax Increment Revenue The tax increment revenue is determined annually to 95 percent of the difference between: (a) the amount of ad valorem taxes levies each year by each taxing authority contributing to the Sebastian CRA on taxable real property contained within the redevelopment area, exclusive of the following entities: Florida Inland Navigation District Indian River County Mosquito Control District Indian River County Hospital Maintenance District School District, and associated general obligation debt funded by the ad valorem taxes Indian River County Land Acquisition Bond General Obligation Debt Emergency Services Dependent Taxing District St. John River Water Management District Sebastian Inlet Taxing District and (b) the amount of ad valorem taxes which would have been generated by the rate at which the tax is levied each year by the taxing authority, exclusive of the following entities: Florida Inland Navigation District Indian River County Mosquito Control District Indian River County Hospital Maintenance District. School District, and associated general obligation debt funded by the ad valorem taxes Indian River County Land Acquisition Bond General obligation Debt Emergency Services Dependent Taxing District St. John River Water Management District Sebastian Inlet Taxing District upon the total of the assessed value of the taxable real property in the community redevelopment area as shown on the assessment roll used by each taxing authority prior to March 22, 1995, the effective date of the ordinance creating the Redevelopment Trust 3 1~ Fund. Indian River County Board of County Commissioners and the City of Sebastian currently make tax increment payments into the Sebastian CRA Trust Fund. The actual implementation of the tax increment financing was delayed until FY 2001. The City's millage rate has been decreased from $5.00 per $1,000 in FY 2001 to $3.9325 per $1,000 in FY 2006. The millage for Indian River County has been decreased from $4.1014 per $1,000 in FY 2001 to $3.5204 per $1,000 in FY 2006. The millage rates from 2001 through 2006 are presented in Exhibit II below. Exhibit II Sebastian Community Redevelopemnt Agency Operating Millage Rates in Redevelopment Area Indian City River of Total Fiscal Year County Sebastian Milla e Rate 2001 4.1014 5.0000 9.1014 2002 4.0501 4.5904 8.6405 2003 3.8729 4.5904 8.4633 2004 3.8377 4.5904 8.4281 2005 3.6233 4.5904 8.2137 2006 3.5204 3.9325 7.4529 Source: City of Sebastian Finance Department ~s The taxable value of real property in the redevelopment area has risen significantly during the same period. In 2001 the total taxable value of the redevelopment area was $45.8 million. Compare to 2006 total taxable value of $89.4 million, the taxable value of the redevelopment area has increased by 95°Io. The taxable values in redevelopment area from 2001 through 2006 are presented in Exhibit III below. Exhibit III Sebastian Community Redevelopemnt Agency Taxable Value in Redevelopment Area °Io Change in Taxable Base Year Incremental Incremental Fiscal Year Value Value Value Value 2001 $45,834,920 $34,959,870 $10,875,050 2002 58,263,740 34,959,870 23,303,870 114.29% 2003 58,844,190 34,959,870 23,884,320 2.49% 2004 66,307,980 34,959,870 31,348,110 31.25% 2005 (1) 78,424,554 41,561,980 36,862,574 17.59% 2006 (1) 89,418,550 41,561,980 47,856,570 29.82% (1) The taxable and base year values include the triangle area, which was added in the redevelopment area in 2003. Source: City of Sebastian Finance Department i~ Based on the millage rates and the significant increases in taxable values, the tax increment revenue has risen dramatically during the same period. In 2001, the total tax increment revenue was $94,029. In 2006, the tax increment revenue has increased to $338,837. The tax increment revenues for the redevelopment area for the Fiscal Year 2001 through 2006 are presented in Exhibit IV below. Exhibit IV Sebastian Community Redevelopemnt Agency Tax Increment Revenue Indian City River of Fiscal Year County Sebastian Total 2001 $42,373 $51,656 $94,029 2002 89,664 101,625 191,289 2003 87,877 104,157 192,034 2004 114,289 136,705 250,994 2005 (1) 126,886 160,753 287,639 2006 (1) 160,051 178,786 338,837 (1) The revenues include the triangle area, which was added in the redevelopment area in 2003. Source: City of Sebastian Finance Department 2a 6 Financial Statements The Sebastian CRA is considered a blended component unit of the City and therefore it is included in the City's annual financial audit. In order to meet the requirement of Section 163.387(8), Florida Statutes, which requires the CRA to provide for annual audit of the redevelopment trust fund, the Sebastian CRA has been treated as a major fund of the City. The financial statements included herein are unaudited statements of the Sebastian CRA. Audited statements are included in the City's Comprehensive Annual Financial Report (CAFR) for the fiscal year ending September 30, 2006 and may be obtained in the City Clerk's office 1225 Main Street, Sebastian, Florida or online at ham://www/cityofsebastian.org. 7 ZI Sebastian Community Redevelopment Agency, Florida Balance Sheet September 30, 2006 Unaudited ASSETS Cash and cash equivalents Investments Interest receivable Total assets LIABILITIES AND FUND BALANCES Liabilities: Accounts payable Total liabilities Fund balances: Reserved for: Encumbrance Unreserved: Designated for CRA projects Total fund balance Total liabilities and fund balance $ 6,892 664,839 4,318 $ 676,049 $ 632 632 95,256 580,161 675,417 $ 676,049 2z g Sebastian Community Redevelopment Agency, Florida Statement of Revenues, Expenditures, and Changes in Fund Balances For the Year Ended September 30, 2006 Unaudited REVENUES: Tines: Property $ 338,837 Investment earnings _28,400 Other revenue 100 Total revenues 367,337 EXPENDITURES Current: Economic environment 68,602 Total expenditures 68,602 Excess of revenues over expenditures 298,735 Fund balance -beginning 376,682 Fund balance -ending $ 675,417 9 ~~ 3i ~_ Sebastian Community Redevelopment Agency, Florida Schedule of Revenue, Expenditures, and Changes in Fund Balances Budget and Actual For the Year Ended September 30, 2006 Unaudited REVENUES: Taxes: Property Investment earnings Other revenue Total revenues EXPENDITURES: Current: Economic environment Total expenditures Excess of revenues over expenditures Fund balances -beginning Fund balances -ending Actual Variance with Budget Amounts Amounts on Final Budget - a Budgetary Positive Original Final Basis (Negative) $ 363,444 $ 363,444 $ 338,837 $ (24,607) 10,000 10,000 28,400 18,400 - - 100 100 373,444 373,444 367,337 (6,107) 192,281 287,537 163,858 123,679 192,281 287,537 163,858 123,679 181,163 85,907 203,479 117,572 376,682 376,682 376,682 - $ 557,845 $ 462,589 580,161 $ 117,572 Explanation of differences: Encumbrances for professional services- contracted but not completed is Current year encumbrances Amount reported as ending fund balance in the statement of revenues, expenditures and changes in fund balance zti 10 95,256 $ 675,417 rmc~ -- -_ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 14, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. 2. 3. 4. The Mayor called the meeting to order at 7:00 p.m. The Pledge of Allegiance was led by Mayor Burkeen. A moment of silence was held. 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 Deputy City Clerk, Jeanette Williams Records Program Manager, Donna Cyr MIS Systems Analyst, Barbara Brooke Finance Director, Shai Francis Growth Management Director, Rebecca Grohall Human Resources Director, Debra Krueger Parks Superintendent, Chris McCarthy Police Leutenant, Michelle Morris Growth Management Manager, Jan King Airport Director, Joe Griffin Police Chief, Jim Davis Stormwater Superintendent, Tim Walker Zoning Technician, Dorri Bosworth Acting Public Works Director, Jerry Converse ~RpFt zy Regular City Council Meeting February 14, 2007 Page Two ~RpF'f 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) At the written request by George Maib, Ocean Concrete, the Mayor announced his presentation would be carried forward to the February 28th meeting. The City Manager read a letter from Mr. Maib citing he is still reviewing community letters, completing design work and will make a presentation in the near future. The Mayor also announced items #8G -Resolution R-07-06 and #11A Sebastian Property Owners Association were also pulled and item #12B was added to discuss selection of a magistrate. The amended agenda was approved with a MOTION by Ms. Coy and a SECOND by Mayor Burkeen with a voice vote of 4-0. 6. ITEMS NOT COMPLETED AT JANUARY 24. 2007 REGULAR MEETING 07.030 A. Steve Phillipson Lease Amendment (City Attorney Transmittal, Amendment) 1-5 The City Attorney explained this was at the request of Mr. Phillipson's lender. The Gity Attorney amended the language on circle page 5 as follows: In addition, immediately upon execution of such new lease, Landlord shall execute, acknowledge and deliver to Mortgagee an assignment of all subleases covering the Premises which theretofore may have been assigned and transferred to Landlord. Such assignment by Landlord shall be deemed to be without recourse as against Landlord. On a MOTION by Mayor Burkeen with a SECOND by Ms. Coy, the amendment was approved with a roll call vote of 4-0. 06.192 B. First Reading of Ordinance No. 0-07-01 -Petition for Voluntary Annexation by 7-15 Vero Mini Storage, LLC fora 3.87 Acre Parcel of Land Located at 9707 US 1 -Set Public Hearing for 3/14/07 (GMD Transmittal, 0-07-01, Letter, Map, FS171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 3.87 ACRES, MORE OR LESS, NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title and explained this could be discussed. On a MOTION by Ms. Coy with a SECOND by Mr. Neglia,Ordinance No. 0-07- 01 passed on first reading and set the public hearing for February 28th. ZG ; , Regular City Council Meeting ~~ A~`T February 14, 2007 Page Three 06.192 C. First Reading of Ordinance No. 0-07-02 -Land Use Amendment fora 3.87 Acre 17-36 Parcel of Land Located at 9707 US 1 -Set Public Hearing for 3/14/07 (GMD Transmittal, 0-07-02, Map, Report, P & Z Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF GENERAL COMMERCIAL FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS COMMERCIAL INDUSTRIAL (C/I) FOR LAND CONSISTING OF 3.87 ACRES, MORE OR LESS, SITUATED NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title. On a MOTION by Ms. Coy with a SECOND by Mr. Paternoster, Ordinance No. 0-07-01 passed on first reading, setting the public hearing for February 28tH The Growth Management Manager advised that the public hearing dates should be set for March 14tH to meet advertising requirements. Mr. Paternoster asked if pepper trees would be removed and the Growth Management Director stated they are required to be removed during redevelopment. Ms. Coy agreed to change the public hearing date and on a roll call vote of 4-0, the ordinance passed on first reading with a public hearing to be set March 14tH, 2007. A MOTION was made by Ms. Coy to reconsider the motion on the annexation Ordinance No. 0-07-01 which passed with a roll call vote of 4-0. On a MOTION by Ms. Coy and a SECOND by Mayor Burkeen, Ordinance No. 0- 07-01 passed on first reading and the public hearing was set for March 14, 2007 with a roll call vote of 4-0. 06.192 D. First Reading of Ordinance No. 0-07-03 -Zoning Amendment fora 3.87 Acre Parcel 37-54 of Land Located at 9707 US 1 -Set Public Hearing for 3/14/07 (GMD Transmittal 0-07-03, Map, Report, P & Z Recommendation, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL GENERAL FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS GENERAL COMMERCIAL (CG) FOR LAND CONSISTING OF 3.87 ACRES, MORE OR LESS, SITUATED NORTH OF THE INTERSECTION OF US 1 AND BARBER STREET; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title. On a MOTION by Mr. Neglia with a SECOND by Mr. Paternoster, Ordinance No. 0-07-03 passed on first reading with a roll call vote of 4-0. Ms. Coy asked if the zoning would allow concrete plants and was told it would not. (This ordinance was set for a public hearing 3/14/07) Z~ Regular City Council Meeting "; February 14, 2007 Page Four 06.158 E. First Reading of Ordinance No. 0-07-05 - 100-Foot Buffer, Set Public Hearing for 55-58 7 3/14/07 (City Attorney Transmittal, 0-07-05) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE TO CREATE SECTION 54-3-11.10 ST. SEBASTIAN RIVER UPLAND BUFFER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title and explained this would prevent future annexations from taking advantage of the buffer. On a MOTION by Mr. Neglia with a SECOND by Ms. Coy, Ordinance No. 0-07- 05 passed on first reading and the public hearing was set for March 14, 2007 with a roll call vote of 4-0. CITY COUNCIL MATTERS a~~ ~~ A. Ms. Coy 06.196 i. Civility and Decorum at Public Meetings Ms. Coy asked Council to consider readopting the civility proclamation at a future meeting and read the pledge from the civility plaque hanging in the chamber. She also asked that after the new Council is seated in March, the procedures resolution be amended to include a "one warning per meeting, per speaker, second time the speaker is asked to leave" policy to ensure civility and decorum in the chamber. Mayor Burkeen suggested the pledge be added to each agenda and read after roll call. Mr. Paternoster said people may be out of line to some but not everyone. It was the consensus of Council to add the civility pledge to the agenda and have the Mayor invoke one warning, when malicious intent is deemed to be made by the speaker, on a case by case basis. The City Attorney advised that if the chair doesn't act then council could act. B. Mr. Paternoster 07.019 i. Amendment 6 to Florida Constitution to Increase Maximum Additional 5s-ss Homestead for Low Income Seniors from $25 000 to $50 000 -Effective January 1, 2007 (Vote Smart Summary 0-04-02 SB452) Mr. Paternoster explained the legislature must adopt this provision during their spring session so there is no action to take on this tonight. z~ 4 Regular City Council Meeting ®~ ~~` T February 14, 2007 Page Five 07.032 ii. Discussion and Review of City Manager Contract (Previously Requested ss-7s by Mayor Burkeen, Removed, and Now Requested by Mr. Paternoster) Mr. Paternoster stated he wanted to discuss the City Manager's conditions of employment and his satisfaction thus far. Mr. Paternoster read the duties and responsibilities of the City Manager noting that Mr. Minner applied for positions with the Cities of Punta Gorda and Destin in 2004 but was not chosen due to an investigation and inexperience. He stated he felt that Mr. Minner does not do his homework before bringing items to Council; is seldom prepared for the meetings; looks for direction while stating during the interview process that he is outward mobile and has placed the City in litigious situations. Mr. Paternoster recommended that Council take one of the options under the termination section of his contract. Ms. Coy did not want to counter each of Mr. Paternoster's items but pointed out some of the problems recently faced by the City have been as a result of Council's decisions. She preferred to wait until June to evaluate his performance. Mayor Burkeen agreed that some of Mr. Paternoster's concerns were legitimate but there was not enough to terminate him. Mr. Neglia said he asks questions of the City Manager during the day and wanted to wait until June to evaluate him. On a MOTION by Mr. Paternoster with a SECOND by Mayor Burkeen, that the City Manager should complete this contract year until June 2007 and then be terminated without cause failed with a roll call vote of 3-1 (Paternoster-aye). Mayor Burkeen pointed out that the City Manager has failed at times to provide information, but he has done good for the City and perhaps he could benefit from a mentor. The Mayor said if it was June now he would not renew his contract. Ms. Coy said the City Manager has not made all perfect decisions but when he doesn't he fesses up right away and stands up for the department heads. She asked Mr. Paternoster if he turned in his evaluation last June and he said he did but did not know Mr. Minner as well as he does now. Mr. Paternoster stated the City needs a city manager, not someone learning to be a city manager. Mr. Neglia 07.031 i. Report on Treasure Coast Regional League of Cities -Place Interlocal Agreement on February 14, 2007 Meeting for Adoption -Interlocal Agreement is on this Agenda Under New Business 2q Regular City Council Meeting February 14, 2007 Page Six pRpFT Ms. Coy asked Mr. Neglia to look out for Sebastian so that the City is not lost in the shuffle. Mr. Neglia promised to give many future reports. It was the consensus of Council to join the Treasure Coast Regional League of Cities, however it was noted that this will come up later on the agenda for action. The Mayor called for a break at 8:03 p.m. and upon return of the Council Members at 8:12 p.m. everyone was present. RESUME FEBRUARY 14, 2007 REGULAR MEETING 7. PROCLAMATIONS, ANNOUNCEMENTS PRESENTATIONS 07.021 A. FEMA National Flood Insurance Program Community Rating System Award Resulting in Homeowners Flood Insurance Savings (Plaque) The Mayor presented the City with the certificate. 07.037 B. Certificate of Achievement for Excellence in Financial Reporting for FY 2005 - Awarded to Finance Director Shai Francis (Plaque) The Mayor presented the Finance Director with the award and thanked her. 07.016 C. George Maib -Ocean Concrete Presentation Pulled from consideration. 07.025 D. Growth Management Department Presentation -Site Plan Process The Growth Management Director gave a detailed PowerPoint slide presentation (attached). 8. 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. 79-94 A. Approval of Minutes - 1/11/07 Regular Meeting 95-108 B. Approval of Minutes -1/24/07 Regular Meeting 109-113 C. Approval of Minutes - 1/31/07 Workshop 07.038 D. Resolution No. R-07-03 -Abandonment of Easement -Park Avenue -Nelson - 115-130 Lots 25 & 26, Block 37, SH (GMD Transmittal, R-07-03, Site Map, Staff Report, Application, Utility Letters) ~30 6 DRAFT Regular City Council Meeting February 14, 2007 Page Seven A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 25 AND 26, BLOCK 37, SEBASTIAN HIGHLANDS; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 07.039 E. Resolution No. R-07-04 -Abandonment of Easement - Main Street - Oltman 131-149 Lots & ,Block , SH Unit (GMD Transmittal, R-07-03, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 40 AND 41, BLOCK 65, SEBASTIAN HIGHLANDS UNIT 2; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 07.040 F. Resolution No. R-07-05 -Fiscal Year 2006-2007 Budget Amendment (Finance 151-191 Director Transmittal, R-07-05, 1St Qtr Budget Review Memo, Capital Project Status Report, Schedules of Investments, 1St Quarter Accomplishments and Fiscal Year-to-Date Operating Statements) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 07.041 G. Resolution No. R-07-06 -Requesting Restoration of Refuge Funding (City 193-196 Manager Transmittal, R-07-06) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA REQUESTING THE UNITED STATES FISH AND WILDLIFE SERVICE RESTORE FULL FUNDING TO THE SOUTHEAST REGION NATIONAL WILDLIFE REFUGE SYSTEM BUDGET. 06.0196 H. Resolution No. R-07-07 -Prohibiting Displaying of Signs in Council Chambers 197-199 During Public Meetings (City Clerk Transmittal, R-07-07) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROHIBITING THE POSTING OR DISPLAY OF SIGNS OR PLACARDS WITHIN THE CITY GOVERNMENT BUILDINGS EXCEPT IN FURTHERANCE OF CITY BUSINESS BY CITY ADMINISTRATION; PROVIDING FOR AN EFFECTIVE DATE. 07.031 I. Approve Interlocal Agreement for Establishment of Treasure Coast League of 2o1-2os Cities and Appoint Member (City Clerk Transmittal, Interlocal Agreement) 07.042 J. Approve $100 Donation to Treasure Coast Crime Stoppers from City Police 211-213 Department Forfeiture Funds (Police Department Transmittal, Letter of Request) 07.043 K. Home Builders and Contractors Association of Brevard Request for Sixth Annual 215-221 Double Slam Fishing Tournament at Riverview Park East of Indian River Drive on Saturday, May 19, 2007 - 6 am to 8 pm -Request Includes Beer and Wine Sales from 11 am to 8 pm - $200 Permit Fee (Parks Transmittal, Park Use Permit, HBCA Letter) ~~ 7 Regular City Council Meeting February 14, 2007 Page Eight 9. 07.044 223-225 ~~pFt Ms. Coy pulled item #D and the City Manager pulled item #G. On a MOTION by Ms. Coy with a SECOND by Mr. Paternoster, consent agenda items A, B, C, E, F, H, I, and K were approved with a roll call vote of 4-0. Item #D Ms. Coy said she went to review the property and did not find a silt fence along with a blocked swale. The Zoning Technician said the fence was installed incorrectly and the builder had been notified to correct this problem. On a MOTION by Ms. Coy with a SECOND by Mr. Neglia, Resolution No. R-07-03 was approved with a roll call vote of 4-0. Item #G The City Manager advised adding the Secretary of the Dept. of Interior to the list of intended recipients. On a MOTION by Ms. Coy with a SECOND by Mr. Paternoster the Resolution was approved as amended with a roll call vote of 4-0. COMMITTEE REPORTS/RECOMMENDATIONS A. Tree and Landscape Advisory Board i. Removal of Member Matthew Sims for Having Three Consecutive Unexcused Absences in the Fiscal Year (City Clerk Transmittal Code) The Deputy City Clerk stated this is for informal purposes and requested a motion. On a MOTION by Mr. Neglia with a SECOND by Mayor Burkeen, Mr. Sims was removed from the Tree and Landscape Advisory Committee with a voice vote of 4-0. 10. 11. 07.045 227-229 8:36 p.m. 3Z PUBLIC HEARING -None 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 A. Nancy Paternoster. Sebastian Property Owners Association -Grants (City Manager Report to Council -Grant Revenues FY 2004-2006) Pulled from consideration. Other Rex Nelson distributed an outline for his update in opposing the concrete plant to Council. He thanked Council for the resolution opposing the plant. He said he or Don Wright are the contact people to relay messages to County staff. He said the residents' letters have really made an impact on the developer; read from a letter regarding the D2AFT Regular City Council Meeting February 14, 2007 Page Nine 9:07 p.m. possible appeal (see attached); said the Indian River Neighborhood Association plans to attend the planning and zoning hearing. Todd Klitinic spoke of his backyard flooding and that if Ms. Bostinto's yard is improved, he would also like his yard improved. Cynthia Noonan reported that the community has really come together in fundraising for the family of the 26 year old resident killed in a car crash February 3~d. She invited everyone to a Charlie & Jakes' fundraiser Friday night. Joe Scozzari asked the Mayor if Ms. Coy had the code he once requested. The Mayor asked Ms. Coy if she would like to respond. Ms. Coy said she has given Mr. Scozzari his answer and because of his pending litigation against the city she would not discuss anything further with him. Mr. Scozzari said he dropped the litigation. Ms. Coy said his intentions should be in writing to each person on the dais. Trish Adams reported there is a mound of dirt blocking the entrance to her subdivision as a result of the CR512 project. She asked the City to intervene with the County to have the mound removed or have little signs placed indicating the entrance as many accidents have almost happened at the intersection. Chuck Lever, 673 Mulberry Street, suggested a change to the charter to provide for a fifth council member until the election should a vacancy ever occur again. He spoke of and distributed information on restrictive paint that won't allow graffiti to stick. He also described a process of contacting the US Postal Service to report the stealing of mail or vandalism to mailboxes. Dale Simchick invited the public to enjoy the newly purchased preserve by visiting the website sunnyswildlife.com created by James Sunnykalb and watch the live feed of an osprey nest on the preserve. Brad White, 449 Easy Street, suggested moving new business after unfinished business on the agenda. The Mayor said this would be on the agenda for discussion on the 28~'. Kevin Paukner, 487 Bywood, spoke of several code violations in his neighborhood that have yet to be taken care of. The City Manager asked him to meet with him after the meeting. He said the City has a lot of slush funds and unspent monies so police officers should be hired. The Mayor explained that taxes didn't increase, but were reduced. The Mayor invited Mr. Paukner to serve on the Citizens Budget Advisory Committee this year to look at funding positions. Julie Scozzari asked if Periwinkle Drive was painted and the City Manager replied it has been. She asked that broken railings along Indian River Drive be replaced and Council Member Neglia stated he looked at them this afternoon with the City Manager to have them fixed. ~J 9 Regular City Council Meeting February 14, 2007 Page Ten D4tAFT Damien Gilliams stated that taxes were "held" not reduced. The City Manager explained rolled back is a reduction because revenues remain the same, taxes increase because of new development, however people's homes are appraised higher (generally 3%) but their millage rate remains the same, giving them a tax reduction. Damien Gilliams spoke of the open and closed magistrate interviews; receiving chemicals from the Health Dept. for his stagnant pool; his postponed Construction Board hearing; the City Manager's job performance; his site plan appeal and homeless people breaking into his rentals. Mr. Neglia reminded him that the appropriations bill incorporating monies he would like to see the City apply for have been vetoed by the Governor the last seven out of eight times. 12. UNFINISHED BUSINESS 07.046 A. Back Yard Drainage Issue (Bostinto~(City Engineer Report to City Manager 231-235 2/6/07, Burgoon/Berger Letter 1/25/07) The City Manager explained in short this is a problem that many of the older homes are currently experiencing in the City and the Code is clear that drainage needs to be brought to the front. He said he is open to suggestions. Mr. Paternoster read the Burgoon/Berger letter and asked for details mentioned in the City Engineer's report. Mr. Paternoster then read an a-mail addressed to and from the City Manager (attached). He asked the City Manager when he first came to a result on this matter if he passed on information to Council. The City Manager stated the first investigation and result came about the same time as Mr. Buttles as well as others came before Council. Mr. Paternoster asked the Bostintos what they remembered when the City Manager inspected the property and if they were told not to bring in any more sod or fill. Ms. Bostinto said a city engineer did come and say the yard needed to be lasered to direct the flow. Three months after she moved her plants and patio she approached the City Manager at the clam bake and then Mr. Paternoster for further assistance. Mr. Paternoster stated the drainage easement should drain to Caravan but was backing up into their yard because of the higher elevation of the new home. He stated he was present when the City Manager promised to help this family. Mr. Paternoster said it is his opinion that if he promised to help, the City Manager should keep his promise. Ms. Coy said this is a difficult situation because assistance should be fair and across the board. She said success would have been realized if the fill was added by the builder during construction of the higher elevated house when it was offered. 10:00 p.m. 34 ,p .:a~ ~"~ Regular City Council Meeting February 14, 2007 Page Eleven Mayor Burkeen asked Ms. Bostinto what would make her situation right. She replied if the City provided a pipe for her backyard. The City Manager stated the pipe might not be the answer because it depends on the way the yard falls and the City could be setting precedence. Mr. Neglia asked if an engineer should go back out to the house. The City Manager said this would be setting precedence for other families in Sebastian and the City will be held to the same standard in hundreds of other cases. Mr. Neglia asked if the City could share in the price of the pipe. Mayor Burkeen suggested sending Mr. Fisher out to see if the pipe is the answer; have the City Attorney investigate if it should be considered on a case-by-case basis or should it be considered acity-wide problem and report back by the February 28th meeting. Mr. Paternoster read an excerpt from the August 9th, 2006 meeting: 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. Mr. Paternosted asked to keep in mind the City Manager may have promised other families and there is probably engineering and grading to be considered. addition 12. B. CODE ENFORCEMENT MAGISTRATE The City Manager explained that Mr. Ginsberg received the highest points excluding Mr. Paternoster's rankings. Mr. Paternoster said he would have liked to have gone over his notes and ask more questions but could submit his rankings tonight. The City Manager read the point totals: Ginsburg 14 Salo 9 Linhart 10 Hancock 8 Ms. Coy made a MOTION to authorize the appointment of Mr. Ginsburg, SECONDED by Mr. Paternoster and approved with a roll call vote of 4-0. The City Attorney stated that he would send a letter of agreement to Mr. Ginsburg and invite him to the Code Enforcement Workshop on February 21St Mr. Lever asked if anyone looked to see if Mr. Ginsburg will have to recuse himself from any cases and the City Attorney responded that he just moved here and has been retired so it was highly doubtful that he would have any ties to any Sebastian situations. 35 Regular City Council Meeting February 14, 2007 Page Twelve 13. NEW BUSINESS 07.047 237-241 07.048 243-247 ~RPpS A. Discuss Formation of Citizen "Gang Task Force" Fact Finding Committee (City Clerk Transmittal) The City Attorney pointed out that many individuals who might want to be on the task force work for social agencies and they would not be able to conduct their jobs and discuss the matter under Sunshine regulations. He also pointed out that the City code requires committee members to be residents which could pose a problem. He advised that the Task Force form on its own so it could make recommendations to Council, meet and then report to Council when they are ready. Cynthia Noonan requested the blessing of the City and the Mayor stated they had support to be a fact finding committee however, the City Attorney reiterated if they are not a "City" committee but instead a community task force they can make recommendations. Ms. Noonan asked Council to reach out to Fellsmere's Council to participate in the task force. Mayor Burkeen thanked Hale Groves for painting over the graffiti on their building. Being half past the hour, a MOTION was made by Ms. Coy with a SECOND by Mr. Paternoster to extend the meeting until New Business was completed. This was approved by a voice vote of 4-0. B. Resolution No. R-07-08 -Dedication of Right-of-Way for Truman Street (Growth Management Transmittal 2/7/07, R-07-08, Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, RECOGNIZING HISTORIC DEDICATION OF RIGHT-OF-WAY FOR TRUMAN STREET; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney explained that Truman Street was built before records were made dedicating the street to public use. He said this dedication will benefit Dr. Adan by reducing her taxable property. Mr. Paternoster asked how much of a reduction it would be and the City Attorney explained the property is looked as a whole, not really in square footage but this would eliminate her from liability on the right-of-way. In response to the Mayor, the City Attorney said the City does not really receive a benefit from this. Ms. Kautenburg said this would assist with future title searches should the property change hands. On a MOTION by Ms. Coy with a SECOND by Mr. Paternoster, Resolution No. R-07- 08 was adopted with a roll call vote of 4-0. 07.048 248-249 3/~ C. Consider Request for Reimbursement to Dr. Pamela Adan for Truman Street Surveying Fees in the Amount of $250 (Adan Letter Hayhurst Invoice) On a MOTION by Mr. Neglia with a SECOND by Mr. Paternoster, the request for reimbursement was denied (but the City will pay for recording the resolution) with a roll call vote of 4-0. 12 Regular City Council Meeting February 14, 2007 Page Thirteen The Mayor wished everyone a Happy Valentines Day and adjourned the meeting at 10:39 p.m. 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS F~ ` 16. CITY CLERK MATTERS . - '~ 17. CITY COUNCIL MATTERS A. Mr. Paternoster - (2/7/07 E-Mail) 07.049 i. License for Non-Resident Lawn Maintenance Vendors (Growth 253-255 Management Memo 2/7/07) ii. Update on Overgrown Lots iii. Grant and Contract Administrator for Sebastian B. Mr. Neglia C. Mayor Burkeen D. Ms. Coy 18. ADJOURN 3~ 13 38 {11P OF ~ k .~~.~ HO1V[~ OF ~ PELIUPI ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Purchase D.A.RE. Items Agenda No. ®7 , ~J~~O Department Origin: Police Dept. •y'~d Ap roved or Submittal by: City Manager Finance Director: . City Attorney: City Clerk: ,9fi~iK A inner Date Submitted: 02/22/07 For Agenda of: 02/28/07 Ezhibits: Requistion Forms EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $2,562.43 None REQUIRED: $2,562.43 l SUMII~IARY This is a request to spend $2,562.43 from the Police Department Forfeiture Fund for the Purchase of Drug Awareness and Resistance Education supplies. This is an annual expenditure for incentive items for students that complete the DARE program. Our School Resource Officers are teaching the program in two elementary schools and the charter junior high. Tee's Plus in Groton, Ct. is a designated supplier for DARE supplies. The protected DARE logo prevents competitive shopping. The expenditure of forfeiture funds for the support of the D.A.R.E, program is an allowable expense under the state statute. RECOMMENDED ACTION Approve the expenditure of $2,562.43 to Tee's Plus of Groton, Ct. for the purchase of incentive items for the 2007 D.A.R.E. programs. ~~ ~e ~~~ [nformation Management Corporation. C ~~ T 3 Centennial Drive. • North Grafton, MA 0153b ~~ www.in~cus.com Tel::. 508-839-6445 Eax:` 508-839-23:54 February 20,.2007' Sebastian Police Department 122 Maiu Street. Sebastian, F~. 32958 DearZt. Lockhart I would like to thank you for your continued interest in INiC's software products; Per your request, the fallo~~n, is a quotation toadd the 911 interface; to Xour departments existing police software. 'Phis quotation is valid for a period of nicety dogs fromlhe quote date. Multi-User Software Cost Maintenance E911Interface $ 1,500 $ 225 Installation Performed: over the phone with assistance from Sebastian PD ,1 Day Installation 250 Total: $ 1,750 $ 225 Please feel free to contact us at your convenience if you have any questions. Sincerely, Dace Hovey X52-669-7774 danehovey a juno.con ~i ~~ Bill To ~ Requisition 00001882-00 FY 2007 ~ACCt No: 190051-534966 Review: ~BUyer: Status: Page 1 Vendor Ship To Tee's Plus City of Sebastian 1425 Gold Star Highway 1201 Main Street Sebastian, FL 32958 Groton, CT 06340 Tel#1-800-782-8337 Fax 1-800-446-9086 ----------------- ----------- ------------------------------- DateVendorDate -------------- Ship ~ ------- ~ Ordered Number Required ViaTerms Department -------------- ------------ ------------------------------- 02/15/07 203391 ~ -------------- ~ ------- ------- ------- -- SCHOOL RESOURCE ---------------- OFFICER UNI ------------ ------------------------------- LN Description / Account ------- Qty Unit Price Net Price 001 camo t-shirts 48.0 4.50000 216.00 190051-534966 216.00 002 dare t-shirt 200.0 4.85000 970.00 190051-534966 970.00 003 dare pencils 3.0 12.85000 38.55 190051-534966 38.55 004 dare pen combo 3.0 25.92000 77.76 190051-534966 77.76 005 darens 200.0 5.00000 1000.00 190051-534966 1000.00 006 medals 9.0 2.00000 18.00 190051-534966 18.00 007 dare 2.0 13.00000 26.00 190051-534966 26.00 008 dare jacket 1.0 50.00000 50.00 190051-534966 50.00 009 running pants 1.0 26.00000 26.00 190051-534966 26.00 010 dare flashlights 4.0 12.00000 48.00 190051-534966 48.00 011 backpacks 5.0 3.50000 17.50 190051-534966 17.50 012 shipping 1.0 74.62000 74.62 190051-534966 74.62 ~3 Bill To ~ Requisition 00001882-00 FY 2007 ~ACCt No: 190051-534966 (Review: Buyer: Status: Page 2 Vendor Ship To Tee's Plus City of Sebastian 1425 Gold Star Highway 1201 Main Street Sebastian, FL 32958 Groton, CT 06340 Tel#1-800-782-8337 Fax 1-800-446-9086 -------------------------------------------------------------------------------- Date VendorDate Ship Ordered Number Required (ViaTerms Department -------------------------------------------------------------------------------- 02/15/07 1203391 ~ ~ SCHOOL RESOURCE OFFICER UNI -------------------------------------------------------------------------------- LN Description / Account Qty Unit Price Net Price Bid Number: 0 Requisition Total 2562.43 ***** General Ledger Summary Section ***** Account Amount Remaining Budget 190051-534966 2562.43 2902.57 ***** Approval/Conversion Info ***** Activity Date Clerk Comment Cancelled 02/21/07 Nancy Veidt Key value(s) changed. Queued 02/21/07 Jean Tarbell Key value(s) changed. Pending Nancy Veidt Key value(s) changed. Authorized By: Date: ~ O~/~~~ Signature ply MEMORANDUM To: Mayor Burkeen and City Council Members From: Sally -Maio, MMC -City Clerk CC: AI hllinner, City Manager; Rich Stringer, City Attomey; Rebecca Grohall, Growth Management Director, Jeanette Williams, Deputy City Clerk, Donna Cyr, Records Program Manager SUBJECT: Consideration of Sunset Provision in R-05-11 -Temporary Environmental Advisory Committee ...Date:. 2/22/2007 Resolution No. R-05-11, adopted on March 9, 2005, created the Temporary Environmental Committee (see attached). The resolution includes a provision, which states that the Committee shall automatically disband two years from the date of its establishment, or at such sooner date as established by subsequent resolution of the City Council. The sunset date is March 9, 2007. During the Charter Officers' review of the Z/28/07 agenda, we felt it appropriate to remind Council of the sunset provision so that it did not take effect automatically and you were unaware of it. We discussed whether to present a recommendation or simply leave it to City Council to discuss. The City Attomey recommended the possibility of merging the Temporary Environmental Advisory Committee with the Tree and Landscape Advisory Board and as we discussed it we came up with several different reasons why this could work. During the early months of the new committee, there were concerns about cross over of responsibilities and there was discussion of a merger at that time. It has become increasingly difficult to fill positions on both of the committees. Currently the Tree and Landscape Advisory Board should have five regular members and two alternates and currently has four regular and one alternate. The Environmental Committee should have seven regular and two alternates and currently has five regular and two alternates. o~.C~57 ~5 One of the reasons for formation of the Environmental Committee was the lack of an Environmental Planner and now that position is on board. We believe that rather than sunsetting the temporary Environmental Committee the existing nine regular members and three altemates on both boards could be merged into a permanent Tree, Landscape and Environmental Advisory Board by redefining their duties to include environmental concerns and amending Section 2-240 of the Code of Ordinances accordingly (see cun'ent language attached), Over time and through attrition the numbers could be reduced to either five regular and two altemates or seven regular and two altemates. The regular member voting number must always be odd. We would also recommend doing away with the specific Council appointments to open up new vacancies to more members of the public. If necessary, there could be specialized positions - some with specialties relative to trees and landscaping expertiselconcems and some with other environmental expertise%oncerns. This group could then coordinate with Growth Management/Environmental Planner and make recommendations to Council on all environmental concerns within the LDC. Just our thoughts. We respectfully leave the decision to City Council. sam ~~ - O RESOLUTION NO. R ©5-11 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, FORMULATING TEMPORARY ENVIRONMENTAL ADVISORY COIVIIVIITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTTYE DATE. WHEREAS, the City of Sebastian and the surrounding areas are experiencsng rapid growth and development; and WHEREAS, the City desires that the environment be protected in an effective way that provides for the future but respects legitimate private properly rights; and WHEREAS, the City Council of the City of Sebastian determines that it would be in the public interest to have a temporary committee of citizens to advise the City Council as it develops long-term policy on environmental matters; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: S on 1 ENVIRONMENTAL ADVISORY COMMITTEE ESTABLISHED. The City Council of the City of Sebastian hereby establishes a Environmental Advisory Committee. The purpose of the Committee shall be to study issues, hear presentations and provide recommendations to City Council: - As to environmental best management practices to be employed by the City in its own operations; - As to preservation and protection policies to be guidelines for development of future regulations; and - As to initiatives and programs to be pursued on an intergovernmental basis. Membership on the Committee shall be through appointment by City Council. Section Z. PANEL COMPOSITION. The Committee shall be composed of seven members. Each council member shall appoint a committee member at the first meeting of April each year. There shall also be two additional committee members chosen by the city council as a body which shall represent one each of the following constituency groups: - Qne member with a background in environmental-based sciences or regulation, such as an arborist or conservation officer; and - One member with a background in development or environment-dependent business, such as a commercial fisherman or landscaper. ];n the event that no suitable applicants are available from a designated constituency, an otherwise qualified at-large member maybe appointed in their place. ~~ S, ectton 3. PROCEDURES. The Committee shall hold its initial meeting at 6 p~ ~ the first Wednesday following the initial appointment of its members, at which time it shall sel and shall thereafter set its own procedures and meeting schedule. Section 4. TERM. This Committee shall automatically disband two years from the date of its establishment, or at such sooner date as established by subsequent resolution of the City Council. All resolutions or parts of resolutions in conflict herewith are hereby repealed. on 6. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councihnember McCollum .The motion was seconded by Councihnember Neglia and, upon being put to a vote, the vote was as follows: Mayor Nathan. B. McColhim aye Vice-Mayor Joe Barczyk ave Councihnember Ray Coniglio absent Councihnember Lisanne Monier aye COUnCllmemUer Sal Neglia aye The Mayor thereupon declared this Resolution duly passed and adopted this 9~' day of March, 2005. CITY OF SEBASTIAN, FLORIDA By: _ AT~E,~T: _ yor Nathan B. McCollum .-~, Approved as to form and legality for ` reliance by the City of Sebastian only: Sally A. M o, MMC City Cl Rich ' $er, City A y ~~ O ADMINISTRATION § 2-240 .• Sec. 2-232. Operational procedures. The charter review committee shall hold its organizational meeting at 5:30 p.m. on the Tuesday following formulation of its membership. At said meeting the majority of the members present shall select a chairman and suite-chairman. The selection thereof, and the operations of the committee, shall be carried out in accordance with the established general procedures for boards and committees of the city. At said organizational meeting, the committee shall establish the time and frequency of its meetings. The city attorney shall be advisor to the committee and the city manager shall designate a secretary to the committee. . After submitting its final recommendation, which shall occur within sig months of the committee's formulation, the committee shall have a final meeting at 6:30 on the Tuesday following final city council action on said recommendation and shall thereafter be dissolved. (Ord. No.0-99-02, § 2, 4-14-99) ............Secs:-=2=233-•2=239::-Reserved ~ ... ....... DIVISION 6. TREE AND LANDSCAPE ADVISORY BOARD Sec. 2-240. Generally. (a) There is hereby created a tree and landscape advisory board, which shall provide advice to the city council on care of trees and landscaping within the city limits. The focus of the board shall be on preservation of historic, specimen and protected trees, and proposed planting of trees or landscaping. In addition, the board will advise as to how the city can beat monitor, maintain and enhance the urban forest and its related resources. The board will provide guidance on proposed amendments to tree protection and landscape article, and other matters as necessary or when requested by the city council. (b) The tree and landscape advisory board shall consist of five regular members and two alternate members: Meetings shall be held at such times and places as determined by the city council and-shall be open to the public. (c) Mission statement: To preserve, protect, promote and increase the natural canopy indigenous to the City of Sebastian. (Ord. No. 0-05-18, § 16, 10-16-05) Editor's note-Ord. No. 0-05-13. ; :fi. adopted Oct. 16. 2005, renumbered former § 54-3-1-t.1 i as S 2-2~L? a= b ~ act: r•~re* Y ~-3-IY.1' derived from Ord. ~'o. 0-02-06, § 1, adopted Apr. 10, ZUQ'2. Supp. No. 36 CD2:33 ~`~ ~o --- _ _ _ __ arc or ^~ `` HOME OF PELICAN ISUWD City of Sebastian 1225 Main Street Sebastian, Florida 32958 Agenda No: O 7.0 rJ Agenda Format Department Origin: Ci Cterk City Manager City Attorney: Date Submitted: 2/22/07 For Agenda of: 2/28/07 Exhibits: None SUMMARY STATEMENT Following a suggestion from a resident to move Introduction of New Business to after Unfinished Business at the February 14, 2007 Council meeting, Mayor Burkeen directed that this be placed on the next agenda for Council discussion. I wanted to give Council a brief look back at how this agenda item evolved, so with the City Manager's approval I am presenting this transmittal to you. I have drafted most of the procedures resolutions from the late 80s. I found that "Introduction of New Business" was first added to the meeting procedures resolution in 1993. Before that, the most recent procedures resolution from 1989 called it "non-agenda items". Non-Agenda items and Introduction of New Business from the Public gave citizens an opportunity to bring new items which were not listed on the agenda to the attention of Council. Introduction of New Business was listed as the last item of every agenda in 1993 to mid 1994 when it was moved to just before consent, then moved again in 1995 to after New Business, then moved again in 1997 to after Public Hearing where it has remained for ten years. In 1997 a new rule was imposed by Council that any new item being introduced had to have occurred within the last six months so that people were not rehashing old business. The difference in the process of Introduction of New Business from the 80's through the early 2000's as compared to today is that people were required to sign up on a sheet either in the City Clerk's office or just prior to the meeting, the sheet was collected before the meeting started and given to the Mayor. There was aten- minute input time limit from 1989 to 2004. The input time was changed to five minutes in 2004. In 2005 all time limits and sign-up sheets were waived. 5i 5~ MEMO Date: 21 February 2007 To: AI Minner, City Manager From: David Fisher, City Engineer's ,~~/~ Re: Follow-Up /Drainage Issue at 1510 Glentry (Bostinto Residence) In accordance with your request on Thursday, 15 Feb 07, the Engineering Department visited the Bostinto residence /property at 1510 Glentry. We met with the Bostintos and later shot and recorded ground elevations in and around the property. The configuration of existing elevations clearly indicate the back yard of the property can be drained to the front Swale by means such as: 1. Grading from rear southeast corner to front southwest corner, sodding, temporarily removing and reinstalling fence; or 2. Excavating and installing 10" HDPE drain pipe from rear southeast corner to front swale at front southwest corner, cover and sod, temporarily removing and reinstalling fence; or 3. Elevate rear yard by bringing in dirt (probably 3-4 loads @18 CY per load), grading, sod, temporarily removing and reinstalling fence. It is our understanding that under current City Code and policy any such measures would be allowed if undertaken by the property owner. ~7.~'~, 53 5u City of Sebastian, Florida o~[c~ o~ ~~ CrrY ~rrogiv~Y AGENDA TRANSMITTAL Agenda No. ~ ~ (~ -1 Subject: Lot clearing; 0-07-06 Date Submitted: 2/22/07 For Agenda o£ 2/28/07 SUMMARY: Per direction of, and prior discussion with, Council, an ordinance addressing the concerns of vacant lots encroaching on adjoining residences has been drafted. In discussions with Fish and Wildlife, it was agreed that we should submit our draft for a Consistency Determination on the issue of compliance with the Scrub jay Habitat Conservation Plana Before requesting formal review by a federal agency, however, I wanted to get Council input on the draft. Basically, we are processing this as a nuisance, which will allow immediate corrective action rather than the indirect method provided by code enforcement procedures. RECOMMENDED ACTION: Discuss draft Ordinance 0-07-06 and provide direction. REVIEWED BY CITY CLERK: _ (~~~~' AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: ~~~ 5~ ORDINANCE NO.O-07-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 66-3, ILLUSTRATIVE ENUMERATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the extensive residential construction in recent years has resulted in a predominance of developed lots within the neighborhoods of the City; and WHEREAS, overgrown lots present a fire hazard to adjoining homes during droughts; and WHEREAS, undeveloped lots left in their natural state provide environmental benefits such as habitat for threatened and endangered animal species in the City; and WHEREAS, the City seeks to balance these considerations in the best interests of the citizens of Sebastian; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 66-3 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 66-3. Illustrative enumeration. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions is hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive (11) Growth of weeds, grass, vines, undergrowth or other vegetation (but not protected species) a) -upon improved real property, to-when above a height of ten inches-e~e~e: , or b) upon unimproved real property when such growth encroaches upon adjoining improved real property. In remedying such a nuisance, the growth shall be cut back a distance of five feet from the property line unless the Growth Management Department determines that a lesser amount is required by guidelines for protection of endangered plant or animal species. Nothing herein shall relieve the landowner of any requirement to obtain appropriate permits such as those for tree removal or clearing/grubbing. ~~ 1 Section 2. CONFZICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such. invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect thirty days following its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Councilmember Councilmember Councilmember Councilmember The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2007. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 58 MEMO Date: 22 February 2007 To: AI Minner, City Manager From: David Fisher, City Engineer Re: Collier Canal Retrofd /Dredging Project -CDM Contrail Amendment Further to recent discussion and at your direction, following is a summary of significant events impacting the work of CDM enroute to obtaining the SJRWMD permit issued on 13 February 07 for the Collier Canal Retrofit /Dredging Project. Early 2004 to early 2005: • Stormwater Improvement Bond issued for projects identified in Master Stormwater Management Plan (MSWMP), including project to dredge Collier Canal. • Design work and surveys (topographical, boundary, geotechnical, environmental) underway. • In accordance with Council direction and the newly adopted MSWMP, the stated goals and objectives are: o Maximize available storage volume in order to meet new TMDL standards and improve water quality of outfall to St. Sebastian River and Indian River Lagoon; o Quantitatively support regulatory approval of prospective /future curb and gutter program; o Replace seawalls utilizing assessment to property owners on premise that the seawalls are the responsibility of the adjacent property owners; o Clearly reestablish and confirm the boundaries /City property lines in canal area; o Dredge and remove material accumulated in bottom of canal over the past decades. Early 2005 to end 2005: • Hold numerous workshops and meetings with the public and with City Council. • Results of workshops /meetings include: o City Attorney clearly states that City is responsible for the seawalls. o Council decision that there will be no assessment to adjacent property owners. o After review and consideration of alternatives, Council decision to use riprap side slopes. • Hold informal meetings with contractors to determine construction method alternatives. • Actively pursue grant funding for stormwater management improvement projects. Submitted grant application and received notification of approval for over $300,000 for Periwinkle Improvement Project. Early 2006 to late 2006: • Submit permit application #1 to SJRWMD. • Cancel previous plan for collaboration with SJRWMD and their own dredging project due to SJRWMD inability to accommodate requisite schedule timelines. • Study workable alternatives for dredging spoil containment area(s). • Environmental report and Unified Mitigation Assessment Method (UMAM) issued and discussed in working meetings with SJRWMD, particularly regarding level of mitigation required for project. • Council decision to no longer pursue future curb and gutter program. • Reduce cross-section of canal work to be less intrusive in view of reduced need to maximize storage volume and to reduce overall projeil cost through value engineering. • Continue to have informal meetings with contractors to discuss prospective construction issues. • CDM submits draft contract amendment to reflect changes in scope of design !permitting activities. • Submit permit application #2 to SJRWMD (based on extensive meetings and discussions with SJRWMD). • Submitted grant application and received not cation of approval for $500,000 for Twin Ditches project (now in process of being transferred to Collier Canal Retrofit /Dredging Project). Early 2007: • SJRWMD permit issued on 13 February 07. A review by the Engineering Department of the invoices from CDM for their work on the Collier Canal project from its inception to the present day indicates no unjustified billing of hours or the assignment of questionable personnel or resources to the project. An independent review by the Finance Department indicates the rates applied are consistent with the terms of the contract and all authorization procedures have been properly followed. D7.aZ~ ~~ 22 Feb 07 / DWF Page 1 of 1 ~0 t71Y OF IFt+~ME. E)F PEt1~AAi I~1;li,F+tD AGENDA TRANSMITTAL Subject: Agenda No. d 7, ~ Z ~ Camp Dresser McKee (CDM) Contract Amendment Department Origin: Engineering No. 1 for Collier Canal Stormwater Retrofit / Dredging Project Finance Dept.: a City Attorney: Ap rov for Submittal by: City Clerk: ''~ For Agenda of: 24 January 2007 I er, City Manager Exhibits: Cover Letter and Document from CDM EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: $478,619 from Series 2003 Bond $413,497 from Series 2003 $65,122 from 2003 Bond Proceeds Proceeds Proceeds SUMMARY In 2006 the City requested Camp Dresser McKee (CDM), engineers of record for the Collier Canal Project, to provide necessary additional professional engineering services for that project regarding design revisions and permitting process requirements. Those additional services where required after SJRWMD's initial staff review, which listed nine project concerns. At the January 10 h meeting,. a report was provided to Council which enumerated these issues and provided a project update -that report is attached hereto. Directly, because of these SJRWMD design issues, CDM was required to provide additional professional service, which are outside the scope of their original agreements. THE AGREEMENTS When this. project started in April 2004, the City entered into two separate professional service agreements with CDM. The purpose behind this action was to financially segregate how to pay for the proposed Collier Creek Project. At that time, a delineation was made between how to pay for improvements that would be funded via the "new stormwater utility fees" (i.e., dredging) and what improvements would be paid by charging an assessment (i.e., seawalls). Hence two contracts with CDM were made; one in the amount of $174,795 titled "Collier Creek Rehabilitation and Stormwater Retrofit" and another in the amount. of $238,702 titled "Collier Canal Seawall Assessment and Design". However, when the determination was made in early summer 2005 that the seawalls were a responsibility of the City, the need to have separate contracts was extinguished and as a result project payments and expenditures have been co-mingled in the Collier Creek Improvements Project, financed with 2003 Stormwater Utility Revenue Bonds, Series 2003 proceeds. To date, the City has paid CDM a total of approximately $413,497, representing the total of the two contracts. However since major work was still required after the first`SJRWMD staff review, there is only the need to modify one contract. Since the professional service contracts are interchangeable, CDM and staff are recommending an amendment in the amount of $65,122.00 to the "Collier Canal Seawall Assessment and Design Contract" (from $238,702.00 to $303,824); thereby bringing total payments to CDM for the project to $478,619. PROJECT STATUS For sometime, CDM has put the City on notice about work they are conducting "outside" the original scope of the service agreements. However, as delays occurred from CDM and SJRWMD which slowed down project progress, as a management practice, I believed CDM needed to provide the City with a good faith effort to move the project along before consideration of the additional payment request would be made. CDM has delivered on this promises and at this time, the request should be granted. Consider the following milestones that have been realized: 1. The Collier Canal Project. is now scheduled for SJRWMD Board review, where permitting approval may be granted as soon as February 2007. Once the permit is received the project will be bid. 2. CDM has made design changes that saved potential mitigation costs. If you recall, there was potential for up to $1,000,000 in mitigation penalties that SJRWMD could apply. This risk has now been reduced to a potential of $100,000 or less. Once final comments are received, the exact amount will be available. 3. The City has been advised by DEP that its grant application for $500,000 for the Twin Ditches project, prepared in large part by CDM, is likely to be awarded to the City perhaps as early as August 2007. Although, these funds may not be used for the Twin Ditch project, CDM is in the process of preparing the administrative work to transfer this grant to the Collier Creek Project where an additional $500,000 in bond proceeds can be saved. SJRWMD has commented favorable about this project transfer. In all, with CDM's professional assistance there is a potential savings of $1,400,000. These savings easily cover the additional .contract amendment request in the amount of $65,122.00. RECOMMENDED ACTION Move to approve CDM contract amendment for the Collier Canal project raising the upper limit for engineering services by an amount not to exceed $65,122.00, all in accordance with accompanying documentation. FINAL NOTE At this time $3,029,449 is available from bond funds to contract the project. Additional monies can also be transfer from the Twin Ditch project for Collier Creek ~z Status Update: Collier Creek Stormwater Retrofit Project 5 January 2007 / D. Fisher Following is an update status report regarding the Collier Creek Stormwater Retrofit Project, a multi-million dollar project calling for dredging and slope stabilization of the Collier Canal-wet detention facility. Nature of the Collier Canal System and Project Objectives Collier Canal is major part of the City's existing stormwater management system and the major collector of stormwater runoff from the roads and residential properties located in the Sebastian Highlands Unit #2 and Unit #4, a total tributary basin of approximately 850 acres (approximately 750 acres of which is residential to both the northeast and to the southwest of the canal). There is a significant flow control structure (aka The Collier Creek Dam) at the north end of the canal adjacent to Hardee Park with a controlling elevation of 15.5 ft NGVD. Flow from the structure northward is through a relatively narrow, natural riparian system that discharges directly into the South Prong of the St. Sebastian River which itself discharges into the Indian River Lagoon. Flow from tributary ditches discharges directly into Collier Canal. The Collier Canal system is an approximately 6000-ft long, linear-dredged canal that varies in-width from 80 ft to 100 ft. Since its construction in the 1960s, no continual maintenance dredging program has been performed on the canal. This lack of maintenance has resulted in severe deposition and erosion problems that have led to a degradation of both in-canal and discharge water quality. In addition, there is extensive bulkhead failure occurring along much of the perimeter of the canal. The continuous erosion and deposition has resulted in an existing condition more characteristic of a shallow linear detention pond rather than the originally intended deepwater canal system. The existing canal bottom, not recently dredged or maintained, varies between elevations 10.0 to 13.0 ft feet NGVD. The project calls for dredging the canal to a depth of 8.5 feet NGVD which will increase the permanent pool volume and result in a reduction of mass loading of nutrients and suspended solids to the ecosystem of the St. Sebastian River and the Indian River Lagoon. • Both the St. Sebastan River and the Indian River Lagoon, for their protection and improvement, are now subject to established regulatory objectives for total maximum daily loads (TMDLs) and pollutant load reduction goals (PLRGs). Accordingly, the proposed dredging and slope stabilization in Collier Canal have two main specific objectives: 1. To provide baseline water quality improvement by removal of approximately 33,000 CY of accumulated sediments which will deepen the canal by an average of approximately three feet and provide an increase in the all-important system residence time to 9.5 days from the existing 5.2 days, an increase of more than 80 percent. 2. To stabilize failing seawall. and side slope situations thereby preventing additional erosion of the adjacent land into the canal. U3 5 Jan 07 / DWF Pg1of4 Status Update: Collier Creek Stormwater Retrofit Project 5 January 2007 / D. Fisher (~ 4 Design: The basic design of the Collier Canal Retrofit Project has evolved since late 2004 /early 2005 through identification and discussion of environmental and regulatory concerns, extensive public input, and a continuous ongoing evaluation of City and project objectives and financial parameters. The resulting project design, represented in current permitting application documents, is characterized by: Retrofitting existing canal perimeter bulkheads with fabric and stone rip-rap with 3:1 side slopes and dredging the canal to lower the bottom elevation several feet to increase the permanent pool storage volume. Side slopes will be clad with rip-rap that go up to but not beyond the original existing seawalls (instead of, as originally planned, to the property lines generally behind the existing walls in most locations). All locations will get rip-rap treatment but in some locations with badly deteriorated seawall, the bulkheads will be replaced for structural purposes (perhaps 2-5 locations). The rip-rap will be installed from the top of slope to elevation 13.5 NGVD, two feet below the normal water surtace level. Where. the existing seawall has failed beyond repair, it will be entombed in the canal. • A newly vegetated wetland littoral zone and wading bird habitat at Hardee Park with some existing wading bird habitat remaining on the south end of the canal near CR-512. A construction /dredging plan that can be done in phases based on available funding with the first phase likely being done from CR-512 northward to the Fleming Street bridge, the second phase being done between the Fleming Street bridge and the Barber / Lake Street bridge, and the final phase, if called for, northward from the Barber /Lake Street bridge to the control structure. There is a minimal amount of work to be done at the control structure on the north end, mainly replacing existing gauges and providing some control over the level /configuration of the boards in the structure. There will be a temporary spoil area in Hardee Park during construction for dewatering of the majority of the dredged material prior to reuse in the project and/or further disposal at approval sites. 5 Jan 07 / DWF Pg2of4 Status Update: Collier Creek Stormwater Retrofit Project 5 January 2007 / D. Fisher Permitting: The initial SJRWMD permit application reflecting all input and design up to that date was submitted in March 2006. The formal response from SJRWMD in April 2006 requested further information in nine (9) specific areas: 1. Archaeological /historical resources impact; 2. Definition of surface waters acreage and impact; 3. Amount of proposed dredging and material to be removed; 4. Prevention of erosion and slumping during low water conditions; 5. Construction /dredging plan; 6. Dewatering and turbidity control plan; 7. Sediment analysis; 8. Details of the then proposed plan to use a pipelihe for the pumping of sediments to a SJRWMD containment area; 9. Impacts to fish, wildlife, and wading bird habitat. After further extended discussion and review, public input, evaluation of changed conditions, and further assessment and articulation of City objectives, the response to that SJRWMD request for additional information was filed on 14 December 2006. It reflects the following: 1. Awaiting comments from State Division of Historical Resources. 2. Based on the SJRWMD definition that surface waters are defined from top of bank to top of bank, there are approximately 13.6 acres of dredging and/or fill impacts to surface waters. Wading bird habitat issues have been revisited and surveyed further with the impact now estimated to be 0.65 acres and to be mainly accommodated at Hardee Park location. 3. The existing canal varies in depth but it will be dredged to a depth of approximately 8.5 feet NGVD, about five feet below normal surtace water elevation. 4. Anew slope stability analysis-pertaining to revised plans recommends not lowering the water level of the canal more than 1-2 feet in a gradual drawdown when constructing new slopes and associated work. Groundwater levels behind the slope(s) will need to be monitored and restrictions will be required regarding how far the canal water level can be lowered. 5. Construction means and methods are to be determined by the contractor subject to prior engineering approval. Note, however, the type of drawdown restrictions in item (4) directly above and that dredged material will be brought to Hardee Park for separation and dewatering prior to any reuse in the project and/or further disposal at approved sites. Hardee Park will be designed and permitted as a temporary containment area. 6. A detailed dewatering and turbidity control plan will provide guidelines, procedures, and methods for contractor to follow for protection of sensitive downstream systems and prevention of state water quality violations. See item (5) directly above. 7. A sediment analysis dated 21 January 2005 is included in an attached geotechnical report which indicates the samples did not contain contaminant compounds above lab method detection limits with the exception of total barium, total chromium, total lead, and total petroleum hydrocarbons, none of which exceed residential or leachability-based Soil Cleanup Target Levels. 8. City no longer proposes pumping material through a pipeline to a dredge material containment area owned by SJRWMD. Schedule, cost, and further permitting requirements preclude going any further with this. previously proposed option. 9. As noted above, SJRWMD recommends City utilize Hardee Park to create 0.65 acre of new wading bird habitat in a newly vegetated littoral wetlands zone there. Also, there is an additional 0.46 acre of existing wading bird habitat that will be preserved and enhanced. 5 Jan 07 / DWF Pg3of4 ~h Status Update: Collier Creek Stormwater Retrofit Project 5 January 2007 / D. Fisher Construction Based on permitting approval (currently expected by end March 2007), we currently anticipate soliciting construction bids in the March -June time period with contract award and construction beginning by July 2007. Depending on how many phases to be undertaken in the first contract (itself likely determined by construction bid pricing and funding available), the entire project schedule is currently expected to be in the range of 18 months. - Financial The current budget amount allocated to the Collier Creek Stormwater Retrofit Project is approximately $3.5 million. The original amount allocated was approximately $1.44 million but was increased to take into account the lack of any homeowner assessment for the project as was originally anticipated at the time of overall program bond funding. The Collier Creek Stormwater Retrofit Project is the single largest project in the city's Stormwater Capital Improvement Program and other projects and grant opportunities have been evaluated and amended to reflect the needs and the large weighted value of the Collier Creek project within the overall program. Some major factors in this approach are: City revisiting and deciding to cancel long-term plans for an additional curb-and- gutter program in the Sebastian Highlands basin served by the Collier Creek Canal. This decision enabled design revisions to the Collier Creek Canal project that result in a less expensive and less intrusive project while also reducing the amount of stormwater enhancement "credits" originally called for by a future curb-and-gutter program. • City deciding to not go forward at this time with any plan for City sanitary sewer and/or potable water system. This decision avoided additional project expense that may have been needed to address such concerns. • Cutting back on the extent and depth of the improvements to the Collier Canal to reduce costs as well as to address come citizen concerns regarding possibly more intrusive design /construction measures. • Requesting the transfer of a recent prospective $500,000 grant to the Collier Creek Project from the Twin Ditches project to enable City to take full benefit of the grant. • Working with SJRWMD to minimize the cost of any "mitigation" required by the project. We expect to know the level of that prospective mitigation cost soon and also expect it to be significantly lower than the current conservative budget estimate for same. • Temporarily holding back the start of some of the other stormwater capital improvement projects until more is known about the actual financial needs of the Collier Creek project. ~~ 5 Jan 07 / DWF Pg 4 of 4 •1 1701 Highway A-1-A, Suite 301 Vero Beach, Florida 32963 tel: 772 231-4301 fax: 772 231-4332 January 16, 2007 Mr. David W. Fisher, P.E. City Engineer City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Collier Canal Seawall Assessment and Design Project Contract Amendment Dear Mr. Fisher: Transmitted herewith are three original copies of the above referenced amendment. This amendment is intended to provide additional professional engineering support to the City with regards to the following items: ^ Contained Disposal Facility Analysis and dredging contractor negotiations ^ Wetland mitigation negotiations and model development ^ Revisions to the seawall retrofit design as a result of the St. Johns River Water Management District's Request for Additional Information ^ Bidding services ^ Grant application assistance (319 grant applications) ^ Preparation of the UMAM report CDM appreciates the opportunity to continue assisting the City on this important project. If you have any questions or comments on the enclosed amendment, please contact me. Very truly yours, Eric tke, P.E., BCEE Principal Engineer Camp Dresser & McKee Inc. File: 20582-43056 jb1082.doc consulting • engineering • construction • operations AMENDMENT NO: i TO AGREEMENT BETWEEN OWNER AND ENGINEER This Amendment No: 1 is made and entered into this day of January, 2007 to the Agreement between Camp Dresser & McKee Inc. ("ENGINEER") and City of Sebastian ("OWNER") dated Apri126, 2004, ("the Agreement"). WHEREAS, ENGINEER and OWNER entered into the Agreement for the Collier Canal Seawall Assessment and Design Project, and WHEREAS, the parties desire to amend the Agreement so as to amend the scope of work, time periods of performance and payment, and/or responsibilities of OWNER; and WHEREAS, the Agreement provides that any amendments shall be valid only when expressed in writing and signed by the parties. NOW THEREFORE, in consideration of the mutual understandings and Agreements contained herein, the parties agree to amend the Agreement as follows: 1. The Basic Services of ENGINEER as described in the Agreement are amended and supplemented as follows: The additional services are described in Exhibit A attached herein. 2. The responsibilities of OWNER as described in the Agreement are amended and supplemented as follows: No Change 3. The time periods for the performance of ENGINEER's services as set forth in the Agreement are amended and supplemented as follows: The additional services will be completed within three (3) months from the Notice to Proceed with an estimated completion date of February 2007. 4. The payment for services rendered by ENGINEER shall be as set forth below: Compensation for the additional services shall be for an upper limit amount of $65,122.00. 5. Except as herein modified, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment on the date indicated above for the purpose herein expressed. Eric otke, P.E., BCEE Principal Engineer Camp Dresser & Mckee Inc. g DATE: l J l ~ f o1 7/2006 1 Sebastian City Council Mayor Brian Burkeen Ms. Andrea Coy Mr. Sal Neglia Mr. Al Paternoster .._ti ._, ~, _;_, rrt Q. ~-~ Thank you again for allowing me to speak at Wednesday, January 24 meeting on theme additional pay request by CDM Engineering for extra work on the Collier Creek Canal Project. _~ For the record I object to giving any additional monies to CDM for the reasons I st tad publicly. All of the items relating to both permit applications are indeed factual and I will be glad to review them at any time with any council member. All opinions I expressed were prefaced appropriately as only my opinion. After I spoke, Dave Fisher, City Engineer, said he felt some of my statements were "inaccurate". It will be very important to sepazate my opinions from the facts I brought forward. It will also be important to make sure his review does not digress into reasons and excuses for both plans actual inaccuracies. Before Mr. Fisher spoke, Al Minner, City Manager, publicly stated that city staff (meaning he and Mr. Fisher) do-not normally review plans until after they are permitted, In my opinion this is a totally unacceptable excuse for letting two poorly engineered plans go to St. Johns for permitting. About St. Johns, after several meetings with many individuals, .including Bill Kerr, our. regional representative on the governing boazd, John Juilianna, Palm Bay Service Center director, Karen Garrett-Krauss,. Senior Biologist and Fariborz Zanganeh, Project Engineer, I can tell you this organization is not the mysterious unapproachable entity that one former council member once claimed, but actually a very. willing and helpful group of real people. Every meeting was helpful and informative for me, however the last and most important thing that each member always said was they can only approve or disapprove what is put in front of them. It is their policy to try and help each applicant make their project work as designed. Even if they don't think your project is the best way to go. Their only obligation is to help correct any detail they find incorrect, not demand total redesign. This is why I did not agree with Ms. Coy's suggestion to request a hearing with St. Johns. Without a doubt St. Johns will eventually permit this project. I did not make this cleaz when I spoke and I apologize. So after meeting with City Staff, St. Johns Water Management and talking with several other organizations including DEP and the State Ethics Commission, it is very cleaz that all the ultimate responsibility for this project is on your shoulders like it or not. If you, not your City Engineer or Manager, get a copy of each permit application and see for yourself what I have brought forward is true, as sworn representatives of the City of Sebastian you should take immediate action to stop this project. I humbly submit the following suggestions as possible solufions. Terminate CDM Engineering on this project only. With the facts contained in both permit applications ou ha th f~ ~-~ r~ (';"T ~--; -;-~ ~ `'[ ~_ "a -„ ,~ c~ ~ r ~ ~ ~.t, ~cnca ~; ~- y ve more an~ust cause to terminate any contract. Their ongmal design concept to ~q combine wall repair and increase water storage was for all practical purposes impossible. Many engineering firms prefer to use methods developed from past projects. The Collier Creek Canal is unique in many ways including its ecosystem and really requires unique engineering not borrowed details from new developments going on elsewhere. And it's most certainly not "just a drainage ditch" as one former council member said publicly. Increased water storage could have been easily achieved by completing the Lake Hazdee Loop by installing a large underground culvert in the easement between two undeveloped privately owned lots on Bazber Street directly across from the end of Lake Hardee. The potential gain in storage capacity would have been at least five times more than Collier Creek, even if widened as originally drawn. Lake Hardee, although only half as long as Collier Creek, is twice as wide, Simple geometry proves the rest. A question will surely be asked if we fire CDM will we have wasted almost $500,000? The answer is yes and no. Yes because we trusted a firm that spent a lot of time and effort on the wrong ideas and convinced a council that they were right. No because through the sheer luck of council abandoning curb and gutter we now only have the issue of wall repair. The city owns a plan that due to oversights in St. Johns review is about to be approved. Another way to look at this financially is CDM supposedly got us a $500,000 grant so even if we have to start over we aze even. What's funny is-that in our meeting with Bill Kerr, he was practically begging us to apply for grant money that had just-become available. We did mention this in a later meeting with City Staff and CDM. About one month later, here it is. Great! With CDM out of the picture we now will still have to come up with a way to fix the walls. This may seem intimidating at first but I expect that the community as a whole will come forwazd to help council make the right decision. Remember, you now have an environmental specialist on staff, and St. Johns will surely help if you as council ask. You will also have $60,000 + not given to CDM to hire an environmental consulting firm such as Bill Kerr's firm B.K.I. Inc. Consulting Ecologists, to help redesign the canal repairs so no mitigation will be necessary. It seemed to me that this would be a direct conflict of interest as he is on the governing board of St. Johns but his firm did the nice job of environmental design at Collier Club I believe while he was the chairman of the governing board. If you think about it, how can a city that recently has become highly proactive when its come to environmental issues and has started many great projects, can also propose virtually sterilizing an existing ecosystem that runs right through the city to the point mitigation is necessary. I'm not an expert on the environment. My job is with a custom home builder over on the barrier island. I do extensive reviews of architecturally designed and professionally engineered structures with very complex and exacting details from many different architectural and engineering firms. I most certainly can tell a good plan from a bad one. We build many homes on the ocean and river. We as builders and all of the homeowners we have built for have the utmost respect for the natural vegetation and mazine habitats we work adjacent to. It is what makes Indian River County so beautiful. The previous lack of maintenance along the canal is actually what has allowed an ecosystem to develop in and along the canal. Why not continue to help mother nature reclaim the canal with natural plantings that can when properly planted 1) hold a steeper repose than rock, 2) provide more habitat for wildlife, 3) provide a natural barrier between human activity and 7~ wildlife, 4) not require the application of herbicides for maintenance and 5) allow creation of a smal16" berm along the top to prevent yard runoff from entering waterway. When I asked Kazen Garrett-Krauss about this she said it's obviously faz better than rocks lining the canal but she had two reasons why it may not be feasible. 1) This is essentially creating a preserve within a reserve for water conveyance and 2) St. Johns would be reluctant to allow creation of something they would have to monitor. If the city stepped in and offered to create and control this I think it could happen. Potential benefits for the city: 1) It uses the same basic design and data regazding dredging depth and surface azea as the plan currently submitted to St. Johns. The city has bought and paid for this plan from CDM. The St. Johns permit application is by the City of Sebastian not CDM. 2) Costs to construct would be drastically less than rock and would only be placed where walls have failed. This was council's mandate from the people. Other storm water projects could be funded from the extra bond money not used. 3) Once established require little or no maintenance. Perhaps use the same aquatic natural grasses the volunteers just planted in the new storm water park. 4) Would create a beautiful canoe/kayak "trail" with parking and access already existing at Hardee Pazk. Even if this turns out to be the wrong plan, I'm sure there is a better way to fix a broken wall than lining the entire canal with rocks. I had sent out the first plan to our marine contractor and given him a boat tour of the canal. He said repairing the worst sections now and others later is really no problem. His costs for rock and new plastic walls were very close. He also has done beautiful wood walls that are actually less than the rock design. Unfortunately the three people you have relied on for guidance in this project, Mr. Minner, Mr. Fisher and Mr. Stringer will probably not be inclined to make this easy as they will want to defend previous advice given, which is to be expected. And CDM will never admit to giving the wrong advice and argue that their designs meet current standards. But the undisputable fact is that when you as council made the wise decision to abandon curb and gutter someone on staff or CDM should have suggested we look at easier and less expensive options for repairing the walls now that deep dredging is no longer necessary. I can only offer my dream of a nice peaceful waterway with a.lot of natural plants, birds and animals along the entire length. Old docks, some nice, some not so nice, actually a lot like what it is now, just cleaned up, for all the city to enjoy. In closing, please take the time to review the permit applications on your own or call me and I can show you personally why this is so important. And don't forget I still owe each of you ~a boat ride on the canal. Early mornings aze especially nice. Best Regards, ~~~ a S~~ .Sa6'G' G~ ~~~ ~~ Bob Audette ~~ j~ a3y ~~o~ C~ /~ ~'~~ 3~v~ ~\ ~~ ~R~~~/k Fy~v ~ ~foQ Meeting to discuss Membership on the Tre,~ asure Coast Regional Planning Council Friday, February 16, 2007 10:00 a.m. ~~-~ ~~ City Hall, Upstairs Training Room, Vero Beach, Florida PRESENT: Vice Mayor, Sabin Abell, City of Vero Beach; Mayor Richard Dunlop, Town of Orchid; Mayor Sara Savage, City of Fellsmere; City Manager Robert Bradshaw, Town of Indian River Shores and City Clerk, Tammy Vock, City of Vero Beach Vice Mayor Abell called the meeting today to discuss the membership on the Treasure Coast Regional Planning Council (TCRPC). He passed out regulations for the TCRPC. At the present time the County has two permanent seats and Sebastian has one permanent seat on the TCRPC. Which means that the only other permanent seat is left between the other .three municipalities of Indian River County. He has talked to Mike Busha, Executive Director for the Treasure Coast Regional Planning Council, who referred him to the dues structure (part of the attached handout) and to see what they could create. His thoughts are to ask Sebastian to consider giving up their permanent position or alternate position on the TCRPC. He has not heard back from Sebastian concerning this and they are not present for today's meeting. Mr. Abell briefly went through the historical population of the municipalities located in Indian River County and the taxable value of property in each municipality (see attached handout). He then showed how the structure of the members appointed to the TCRPL was handled in 1996 and then how it changed in 1998 once Sebastian was given a permanent seat. Mr. Abell showed what a normal packet for the TCRPL looks like each month. He said that it generally takes him about two hours to review all the information. The TCRPL meets on the third Friday of every month at 9:00 a.m., in Stuart, which means leaving Vero Beach around 7:30 a.m. and not getting back until about 2:00 p.m. in the afternoon. They usually have 10 meetings a year. Mr. Dunlop suggested asking Sebastian to give up their full set on the TCRPL and then going back to the rotation basis for all of the municipalities. Mr. Abell suggested having Sebastian and Vero Beach as the full members and Fellsmere and Indian River Shores would be the alternate members. Mr. Dunlop had some concerns with Orchid not being involved. Ms. Savage did not have a problem with the suggestion made by Mr. Abell as long as Fellsmere keeps informed as to what is going on. She was assured that Fellsmere would receive a copy of the agenda package. She also wanted to see that Orchid was considered in the rotation process with the alternate members. o7.v5~ ~,~ Mr. Dunlop expressed that he has two members on his City Council that are interested in being involved with the TCRPL. He suggested that Mr. Abell go before the County Commission and ask them to dissolve Sebastian's permanent seat. Mr. Abell said that he would set up a meeting to discuss these things with the Mayor of Sebastian. He said that he will ask Sebastian to relinquish their seat and if that doesn't happen he will ask the County Commission to relinquish Sebastian's permanent position on the TCRPL. It was then suggested that the two largest municipalities in Indian River County (Vero Beach and Sebastian) would serve as full members and the other municipalities would rotate the alternate positions. If one of the municipalities serving as an alternate member becomes larger than the municipality serving as a full member then they would be put into the full member position and the municipality serving as a full member would step down and fill an alternate position. Mr. Abell commented that he would report back to everyone attending today's meeting after he has talked to Sebastian and the County. Today's meeting adjourned at 11:05 a.m. /tv ~~ _ ~ } lb: n'L 11'L'L'114bb7 TC REGIONAL PLANNING _~.~aRE COAST REG><ONAL PLANNING COUNCI)G C$A,IPTER 29K 1 ORGANIZA')<'ION, PITJEI~OSE AND OPERAT11O1si 29K-1 A01 Organization. 29K-1.002 Purpose. a9K-1.oo3 Defitaitlons. 29IC-1.004 Membership, Voting and Term of Office. 29K-1.005 Vacancies. 29K-1.006 Removal From Office. 29K-1.447 Officers, Tetra of Office and Duties. 29K-1.408 Meetings. 29K-1.009 Finances. 29TC-1.010 Powers. 29K-1.011 Staff. 29K-1.012 Committees. 29K 1.013 Plans, Studies, Activhies, and Reports. 29K-1.014 Procedure. 29K-1 A15 Withdrawal and Dissolution. 29K-1.41G Compensation and Expenses ofMembers_ 29K-1.01'7 Amendments. 29K-1.018 Adoption. (Repealed) 29K-1.019 Information Request. PAGE 02 Z41it; 1.001 Urganizatiotl. There is hereby organized a regional planning council under the authority of Chapter 160, Florida Statutes, which shall be known as the TREASURE COAST REGIONAL P}vANNII~IG COUNCIL, located in Comprehensive Planning District'Ilrn, consisting of the counties of Indian River, Martin, Palm Bcaeh, and St LuciC. Council headquarters shall be in a central location as determined by a majority vote of the Council. Fled offieec may be maintained at other locations. $pec~c Authority 12253(1). 1G3. !60 FS T.aw Implemented 120.53(1), 1Q3, lbD FS History-New 1-12-77, Amcrnled I1-11-8D, Forr,~srly 29K-7.01. 291f. 1.002 Purpose. (1) To provide local govemmenis with a means of exercising the rights, duties and powers of a regional planning council as defined in Chapter 160 and Section 403.723, Florida Statutes, and of a regional planning agency as defined in Chapters 23, ] 63, and 380, Florida Statutes, as amended, including those functions enumerated by legislative finding and declarations of Chapter 160, 1?]orida Statutes, and other applicable federal., state and local laws- (2) To provide a means of conducting the comprehensive regional planning process. (3) To provide regional coordination for the local governments in the 'Leasure Coast Region. (4) To act in an advisory capacity to exchange, interchange, and review the various programs refetred m it whicb arc of regional concern. (5) To promote communication among local governments in the region and the identification and resolution of Common regional-scale problems~ (6) To coopetatc with federal, state, local and non-governmental agencies and citizens to insure the orderly and harmonious coordination of federal, state and local planning and development programs in order to assure the orderly and balanced growth and development of this region, consistent with the protection of the natural resources and envir+pnmem of the region, earl to promote safety, welfare and quality of life of the residents of the region. ' (7) To encourage and promote communications between neighboring regional planning districts in an attempt to insure compatibility in development and long range planning goals. (8} To establish an organization that will promote areawide coordination and related cooperative activities of federal, state and local govemments and insure abroad-based regional organization that can provide a truly regional perspective and enhance the ability and opportunity of local governments to resolve issues and problems transcending their individual boundaries. Specift Authority 120.53(7), TG3, 1G0 FS Law Implemerrled 12253(1), 163, 160, lh3.3184(3), 33Q05, 380.06, 380.07, Z3.D1~, 903.723 FS. Hlslory-New 1-12-77, Amended Il-Il•80, Formerly 29K LOZ. ' - 161 ~~ 16:02 7722214067 TC REGIONAL PLANNING PAGE 03 Z91f,-1.003 DeSnitioos. (1) Alternate - a pertott that takes the place of an absent appoinUed representative. ' (2) Appointed representative - a member of the Council. - (3}Council - the Trsasure Coast Regional Planning Council. (4} Comprehensive Regional Policy Pian -along range guide for physical, economic and social development of the region which identifies regional goals and objectives, and opportunities as embodied ;n the policy of the Council. (5} Elected.official - a member of the governing body of a municipality or county; or acounty-elected official chosen by the governing body, (6) Federal or federal government -the government of the United States of Ametyca ar any dEpartment, commission, agency or instrumcmality thereof. (7} Local general purpose government -any municipality or county created pursuant to the authority granted under Sections 1 and 2, Article VIII of the Constitution for the State of Florida. (li) Member government -any county or incorporated municipality located within the region. (9) Participating member unit - an incorporated munieipal[y located within the region. (10) Principal member unit -each of the coundes in the region. (11) Region or Treasure Coast Region -the geographical area, including both land and water, within the counties of Indian River, Martin, Falm Beach, and 5t, Lucie, as described fn Sections 7.3], 7.43, 7.50, and 7.59, Florida Statutes, reapoetively_ (12) State or state government -the govvernment of the State of Florida, or any department, commission, agency or instrumdltaliry thereof (13) Governor-the Governor of the State of Florida. S}~c~c ~luthor[ry JZif:53(1), 160.02(1), 163 FS Lrnv tmplen+anted [20.53(!), 140.02(1), 1G3 FS History-New I.12-77, Atne»ded $-7-77, 11-11-80, 9-.~81, Formcrfy Z9K I.03. Z9K-1.D04 Membership, Voting aqd Term of Office. (1 }Indian River County and Martin County, and St. Lucie County, as principal member urrits, shall each be represented by two (2) members, and Palm Beach County shalt be represented by three (3) members. All tr7embers shall be selected from the respective elective governing body- (2} Tn addition to the membership in subsection 29K-1.004(1), F.A.C., Martin County shall be entitled to one (l) municipal member to serve on the Council, St Lucie County and Indian River County shat) be entitled to two (2} municipal members to serve on the Council; and Palm Bear.#, County shall be entitled to five (5) municipal members to serve on the Council. Such members shall be elected officials from the participating members in the respective counties. (3) The Governor of the State of Florida shall appoint a maximum of nine (4) voting m embers. Counties in the Region shall be represented by the Governor's appointees in the following manner. Indian i7iver County one (]) representativc;lV]artin Couutytwo (2) representatives; St Lneie County two (2) representatives; and Palm Beach County four (q) repr~entativq. (4) Each principal. member unit shall appoint alt alternate for each appointed representative. 'T'hese alternates shall be elected o1~icials and shall be approved by a majority vote of the principal member unit Tn the event that neither the appointed representative nor his/her regular alternate is present at a Council meeting and there is another alternate ~6^om the same county prESent (who is not Deeded to attend for the appointed representative for whom he/she is the regular alternate) then this alternate may substitute for the absent appointed representative. (5)1'here shall be appointed for each representative from a participating member unit one alternate. These alternates shall be elected offieia]s from a participating member unit In the event that neither the appointed representative nor his alternate is present at a Council meeting and there is another alternate from the same county present, who is not needed to attend for the appointed representative for whom he is the regular alternate and who is an elected ofl•icial, then this alternate may substitute for the absern appointed representative. (f} The names of al] of the appointed representatives and their alternates shall be recorded in the Counci 1 minutes, (7} For the conducting of all business, each appointed representative or alternate for the appointed representative, includingthe representatives appointed by the Governor pursuant to subsection 29K-1.004(3), F.A.C., shall have an equal vote which shall be one {1}vote for tech appointed representative. (8) The basic term of office for appointed representatives and alternates appointed by either partiei.pating or principal members shall be for one (I) year commencing with the regular December meeting in each year, The representatives appointed by the Governor shall serve a term pursuant to law and as designated by the Governor. All appointed representatives shall be eIigibie for reappointment . (9) The Chairman shall review all future appointed representatives at the first meeting that such appointed representatives attend after his or her appointment and determine that such appointed ,representative has been appointed pursuant t4 these Organizational Mules and shall file a certificate fn the Minutes of the Council setting forth the Chairman's determittatign_ The membership of the Council, by at least a majority vote, may overrule the determination of the Chairman, Specific duthority 186.505 F~~ Law Implementtd 18(,.504 FS Niuory-~vew 1-t2-7'7 drnended $-7-77, II-IJ-80, 9-5-32, Formerly 29K 1.04, irmer-ded Z-9-S6, 1$96, t1-22-98. - 162 TREASURE COAST REGIONAL PLANNING COUNCIL DD ~ t„1, REVENUE REPORT - i~t~ For the Eleven Month geriod ending Auo st 31, 2006 Subject to modifications Revenue Bud et Received State DCA -Base Contract for 2005-2006 $209,960 $182,717 * DCA -Base Contract for 2006-2007 69,987 0 - DCA -SARA -Title III for 2005-2006 30,682 31,936 * DCA -SARA -Title III for 2006-2007 10,227 p Bridge Loan Wilma 22,500. 19,548 * Wildland Fire Grant 7,885 63,313 MC Inerlocal School Agreement 17,5 l2 17,512 FIRM Fiscal Impact Analysis Model 56,727 56,727 * DCA-PBC Post Disaster Redevelopment 175,000 172,803 * Statewide Terrorism Exercises 0 4,000 Office of Domestic Preparedness Statewide Funding Facilitation 2,350 * WPB Transit Oriented Dev. 0 54.510 * Subtotal 600,480 605,416 Federal HMEP-Training 20,747 18,021 HMEPPIanning 11,000 2,700 x Regional Lnplementation of LM5 57,276 24,466 * EPA - Brownfields 100,000 13,699 EPA-Revolving Loan Fund ZS00 0 U.S. Economic Develp. Admin. -Planning 52,000 52,750 * State Road 7 Corridor 345,000 323,750 * PBGardens TOD 37,500 29,526 * PBC MPO PorVAirpordRail Study 75,000 p SFRPC Urban Design Assistance 300.000 151.050 * Subtotal !,001,023 615,962 Local 50. FL Reg. Transportation Authority 76,388 47,151 * Regional Domestic Sec. Task Force 15,000 20,000 * MPO-USl Cor Master Plan 0 61,513 * Hazardous Ma[ Analysis 12,208 12,208 * N. St. Lucie Co. Charrette Implementation 425,000 422,500 N. St. Lucie Co. Charrette hmplementation II 62,500 p Becker Road Charrette 85,000 82,027 * Economic Analysis-Boynton Beach CRA 50,000 50,000 South Florida Regional Resource Center 5U 000 0 Jensen Beach Project 29500 18,000 FEC Corridor Study 50,000 36,000 5unnyside 22,000 22,000 * Downtown Delray Beach . 42,500 42,500 * PB County -Urban Redevelop Area 77,000 0 Falm Beach Kennel Club Charrette D 17,500 * Terrorism & Continuity of Operations 30.000 30.000 Subtotal 1,027,096 861,399 [.ocal Dues Palm Beach County 534,176 534,176 * Martin County 59,184 59,184 * .5t. Lucie County 97,273 97,273 , • Indian River County 54,536 54.536 Subtotal 745,1¢9 745,169 Miscellaneous DRI Fees 300,000 396,756 Interest Project Fund 12,000 8,536 Interest 18,000 31,210 * Miscellaneous 10,000 ~ 9,997 Debt Service Proceeds 1,800.000 1.800.000 * Subtotal 2,140,000 2,246,499 Total 5,513,768 5,074,446 - Incomplete ^ * Includes Due From Other Governmental Units ~ \ 3 Ilf ~. O~ ~r~ . ~~~~ STORICAL POPULATION PROJECTED POPULATION 1980 1990 1995 2000 .2004 2005 2010 2020 COUNTY 2030 59,896 90,208 100,261 112,947 126,829 130,043 142,166 175,322 191,900 UNINCORPORATED COUNTY 38,455 58,143 64,114 71,660 81,217 83,822 90,280 112 08 MUNICIPALITIES ~ 6 123,756 ~(p~ Fellsmere 1,161 2,179 2, 354 3 813 4, 284 4, 322 5, 640 6, 923 7, 800 •` 2lndian River 3`1 ~ Shores 1,254 2,278 2,599 3 ,448 3, 647 3, 654 4, 305 5, 340 ~~~ Orchid 19 10 25 5,600 140 304 302 340 ~,(~~~ Sebastian 2,831 10,248 13,488 16,181 19,365 20,048 23,352 31 97 410 "' Vero Beach 16,176 17,350 17 68 ~ 2 35,568 S~ 1 17, 705 18, 012 17, 895 18, 249 18, 614 18 766 \ Sources: University of Florida Bureau of Business and Economic Research, 2005 Florida Statistical Abstrach , Demographic Estimating Conference Database, updated July 2005,• Indian River County Planning Department/MPO POPULATION BY AGE GROUP Year 0-17 % O p 18-34 °Po f % of % of % of _~ 35-54 Pop. _ 55-64 _ pow 65+ POq. 1980 15,665 26.2% 11,921 19.9% 12,051 20.1% 8,621 14.4% 12,483 1990 18,270 20.3% 17,752 20.8% 19.7% 18, 964 21.0% 11,158 12.4% 24, 724 _ 1995 19,411 19.4% 16,093 16.1 % 21,864 27 4% 21.8% 10,361 10.3% 28,281 28.2% 2000 21,694 19.2% 17,196 15.2% 28,462 25.2% 12,623 11.2% 32,972 29.2% 2004 23,839 18.8% 19,401 15.3% 31,791 25.1% 16,035 12.6% 35,763 28.2% Source: U. S. Bureau of the Census FY 05 Taxable Value, Budgeted Ad Valorem Taxes and Millage Rate Taxable Value Per cent of Cities Millage Rate for Municipal Total as per cent Services Taxable Value of IRC only IRC Indian River Shores 8,056,322,122 2 282 998 014 56.56% 7.0873 Vero Beach , , , 2,241,898,916 16.03% 15.74% 28.34% 27 83% 1.4730 Sebastian 1,133,374,977 7.96% . 14.07% 2.2925 3 9325 Orchid Fellsmere 460,750,783 3.23% 5.72% . 0.6900 67,852,293 0.48% 0.84% 5.7500 Total IRC 14,243,197,105 100.00% Source: Property Appraiser's office _. NOY ~ ~A TaxableValues.xls Sheet1 11/18/2005 10:25 AM TREASURE COAST REGIONAL PLANNING COUNCIL 1996 - Sebastian Vero Beach, Alternate -Caroline Ginn 1997 - Sebastian Vero Beach, Alternate -Art Neuberger 1998 - Vero Beach -Tom White Fellsmere, Alternate 1999 - Vero Beach -Tom 'White Fellsmere, Alternate 2000 - Vero Beach -Tom White Orchid, Alternate 2001 - Vero Beach -Craig Fletcher Fellsmere, Alternate 2002 - Fellsmere -Ruby Gorman / No one from Vero Beach No Alternate 20.03 - Vero Beach -Craig Fletcher Indian River Shores, Alternate 2004 - Vero Beach - Craig Fletcher, Sabin Abell Indian River Shores, Alternate 2005 - Vero Beach -Sabin Abell Indian River Shores, Alternate 2006 - Vero Beach -Sabin Abell Indian River Shores, Ahernate ~o BOARD OF COUNTY COMMISSIONERS Gary C. Wheeler Chairman District 3 Sandra L. Bowden Vice Chairman District S December 14, 2006 Treasure Coast Regional Planning Council Mr. Michael J. Bush, AICP Executive Director 301 East Ocean Boulevard, Suite'300 Stuart,. FL 34994 Dear Mr. Busha: Wesley S. Davis ...~ District 1 Joseph E. Flescher District 2 Peter D. O'Bryan District 4 As you are aware there has been a difference of opinion among the four Indian River County municipalities (Fellsmere, Town of Orchid, Town of Indian River Shores and City of Vero Beach) that are not regular members of the Treasure Coast Regional Planning Council (TCRPC) as to whom the one member and one alternate should be for the next year(s). I feel it would be best to leave the membership as it is until after the March 2007 municipal elections. Councilmember Sabin Abell, City of Vero Beach as the Member, and Councilman William Ahrens, Town of Indian River Shores as the Alternate. Waiting until March would avoid a Councilmember being appointed in December 2006 who may not be reelected in March 2007 to continue to serve. Councilmember Sabin Abell is attempting to organize a meeting of the municipalities in the next few weeks. I will keep you posted if an agreement is reached. I appreciate your patience as we move towards a fair and equitable solution to this dilemma. Sincerely, ~ c ~~~ Ga C. Wheeler Chairman ry , cc: Mayor Tom White -City of Vero Beach Mayor Brian Burkeen -City of Sebastian Mayor Thomas Cadden -Town of Indian River Shores Mayor Richard Dunlop -Town of Orchid Mayor Sara Savage -City of Fellsmere Board of County Commissioners Bob Keating -Community Development Director 1840 25th Street, Suite N-I58 Vero-Beach, FL 32960-3365 Telephone: 772-226-1490 FAX.• 772-770-5334 Suncom: 224-1490 a-mail: kmassung a)'rcgoxcom ~\.