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HomeMy WebLinkAbout02142007cm c~F 5E8~!-s~'~~I 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. The Mayor called the meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was led by Mayor Burkeen. 3. A moment of silence was held. 4. ROLL CALL City Council Present; Mayor Brian Burkeen Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster Staff Present: City Manager, AI Minner City Attorney, Rich Stringer 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, Dom Bosworth Acting Public Works Director, Jerry Converse Regular City Council Meeting February 14, 2007 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONSI 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 City 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. 2 Regular City Council Meeting 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) 3 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. 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 59-68 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. 4 Regular City Council Meeting February 14, 2007 Page Five 07.032 ii. Discussion and Review of City Manager Contract (Previously Requested s9-7s 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 5 Regular City Council Meeting February 14, 2007 Page Six 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) 6 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 201-209 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 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. 9. COMMITTEE REPORTS/RECOMMENDATIONS 07.044 A. Tree and Landscape Advisory Board 223-225 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. PUBLIC HEARING -None 11. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda 07.045 A. Nancy Paternoster, Sebastian Property Owners Association -Grants (City 227-22s Manager Report to Council -Grant Revenues FY 2004-2006) Pulled from consideration. 8:36 p.m. 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 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 28tH 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. 9 Regular City Council Meeting February 14, 2007 Page Ten 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. 10 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. 11 Regular City Council Meeting February 14, 2007 Page Twelve 13. NEW BUSINESS 07.047 A. Discuss Formation of Citizen "Gang Task Force" Fact Finding Committee (City 237-241 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. 07.048 B. Resolution No. R-07-08 -Dedication of Right-of-Way for Truman Street (Growth 243-247 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 C. Consider Request for Reimbursement to Dr. Pamela Adan for Truman Street 248-249 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 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 Approved at the ' ~~ egular City Council Meeting AT EST Brian S. Burkeen, Mayor a y A. M o, MMC -City Clerk 13 Page 1 of 2 Jeanette Williams From: Alfred Minner Sent: Wednesday, January 31, 2007 4:20 PM To: council; David Fisher Subject: FW: Bastinto Flooding Subject Councilmember Paternoster: I will have available for you and the other members of Council, the letter from Burgoon/Berger that describes their point of view concerning the situation that affects Ms. Rosemary Bostinto of 1510 Glentry. As we move forward on this situation, I will provide all members of Council the same information. As you know, Ms. Bostinto has approached you, Councilmember Coy, the entire Council at the Jan 24th meeting and myself with regard to this issue. At the last meeting the Council gave clear direction to provide a report on the matter and staff is working to that end. Resulting from our initial investigation, Mr. Fisher had a discussion with David Carlson of Burgoon/Berger and Mr. Carlson summarized the position of the contractor. Please understand that staff has not prepared a finial summation. It is my immediate opinion that this situation is the typical "backyard flooding" situation; whereby, the back yards of older housing stock that do not drain their entire lot to the front swale gets "flooded out" when new construction builds on adjacent lots. Councilmember Coy has requested a meeting with Mr. Fisher and myself for Friday, February 2, 2007 and all following correspondence and summaries will be provided to the entire Council. Immediately at tonight's workshop, I will have ready for you and the entire Council a copy of the Burgoon/Berger letter. Please keep in mind that no summary has been made to date. As always, please contact me should you have any questions on this matter. AI Minner City Manager City of Sebastian -----Original Message----- From: AL Paternoster Sent: Wednesday, January 31, 2007 10:41 AM To: Alfred Minner Subject: Bastinto Flooding Subject Mr. Minner: Relative to our conversation of yesterday afternoon on the flooding situation of Ms.Rosemary Bastinto, as you know, from the onset, I have been and continue to be involved in this matter. To this end, I request that I be updated on any developments in this area as they occur. Correspondingly, Irequest the same information you have collected, and further, as you have informed me, that made available to any other council member. In addition, you stated there is in existence a letter from a construction company that contains information regarding repairs to the subject property. I am requesting that I receive a copy of this letter to be available to me prior to the gang workshop this evening, January 31, 2007. Thank you. 2/15/2007 Page 2 of 2 Sincerely, Al Paternoster Sebastian City Council January 31, 2007 10:33 am 2/15/2007 City of Sebastian Council Meeting February 14, 2007 Update on Ocean Concrete Rex Nelson ~ Stopoceanconcrete(cr~ aoy~ o.com Impact of Council Resolution R-07-02 Communications with County Staff dill Sandy's Concrete Plant Operations Scenario First Issue within our City's Jurisdiction Indian River Neighborhood Assn., IRNA, Support" Need to Change Laws for "Smart Growth" Sebastian Citizens' Letters Making the Difference" THANK YOU! sebastianconcernedcitizens. com Telephone: (772) 567-8000 February 7, 2007 ~~ ~ ~~-+ ~,~ ~'~f ~e~S~ ~~ ~v e ® LL •'"~'' ~~~~" 7 ./rte ® ~ Todd Smith, P.E. / ' ~ s 121 Hinchman Avenue Sebastian, FL 3295 ~~ ~ ~ d RE: Ocean Concrete Major Site Plan Application 0~ _ SP-MA-07-03-15 / 2004110124-57127 ~d~ ~ ~.~ Dear Mr. Smith: ~~ ~~ e Please find enclosed copies of letters that county staff has received regarding the Ocean Concrete major site plan application referenced above. These letters raise numerous issues regarding the proposed concrete batch plant, such as its impact on water supply/aquifers, the Indian River Lagoon, air quality, health risks associated with silicosis, noise, lighting, traffic, and the Q.,L..,,~,.,.,,-. Tl«;..~, ,-.,;1«...,.7 ., .. T~ifnr,.~ n~Ft1~A omm~ nr oimilor iooliAO arP r•aicarl in tha TPrhniral UV+111L111C11111 L11VV 161111 VCLU Vr vJJiil~. Lviuliy VL Liles JUlll~ Vl .laalltaua a.,.,uv., u.av Lua/v..a .a. ..aav avvaaaaav». Review Committee (TRC) letter dated January 2, 2007. Be advised that the project's site plan resubmittal must address all TRC comments and concerns expressed in these letters. Because these concerns relate to air quality and water quality, staff will require, prior to site plan approval, that the project receive conceptual approval from the Florida Department of Environmental Protection and the St. John's River Water Management District and that all required off-site roadway improvements (including Old Dixie Highway) be approved by the Public Works Department. If you have any questions, please contact me at 772-226-1239. Si/n~cerely, /-~ --- Brian Freeman, AICP Senior Planner, Current Development ®~~~~~ BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Yero Beach, Florida 32960-3365 y i ~i Attachments: Sebastian City Council Resolution R-07-02 Letters from concerned citizens Yahoo! Mail - rexnelsy(c;yahoo.com Y ~.... Page 1 of 1 ~_. _. , -. , =:' y LL -:- ~ Print -Close Window ~~~:rs: ")oP,n Riggs" ~° `~~ /:~ ., ~ ,. _ .~. ' .. - _ _ ~ ~ .. ' 'r®; "Rex Nelson"H<rexneisy@yahoo.com> - , ~ubiECt: Re: Cement Plant ' ~ ~, ~at~: Tue, 13 Peb 2007 11:12:34 -0500 ---- ~ ~ - es ~j ----- Original Message ----- From: P.ex Nelscn To: John 1-liggs Sent: Monday, February 12, 2007 2:58 PM Subject: Re: Cement Plant Thanks, John, m y I_c~uoteyyouaon items_1 thru 4? Rex -.-~. John Higgs <higgscorn a~b~lTsouth.net> wrote: Thanks for the kind words. From what we know now, I say the following 1. It looks like a b~d_ ire 2.IT has only a 50%50 chance with the staff 3.If it goes to the P&~.we will be.there~ 4.If it goes to the Commission, we will. be there~_,, SUPPOET OUR CANIDATES IN SEBASTAIN .~ _ -~ , http: //us. f3 3 3 .mail.yahoo.com/ym/ShowLetter?box=Inbox&MsgId=6601 _ 19576208_3472... 2/ 14/2007 Yahoo! Mail - rexnelsy@yahoo.com Page 1 of 7 _~: r _ ~ - - - Print -Close VVindoW s:rEs;ect; Fellow-up from our Friday meeting +~~~e: Mon, 12 Feb ?007 13:40:17 -0500 irrom: "Brian Freeman" <b,reeman@irc,aov.conr> To: "Rex Nelson (E-mail)" <rexnelsy@yahoo.com>, "Don Wright (E-mail)" <dwrightsbstnl@aoLcom> C[;; "Ctan Rpling° <5:~nling@IrCgOV.COn?>, °r3nh Keatir?n" <hkaaYing(a1lr~noV,COrr!> Rex/Dan, Below is follow-up information from our meeting on Friday, February 9. 1. SIC has been replaced by the North American Industry Classification System (1997 edition). The NAICS code for Ready-Mix Concrete Manufacturing is 327320. It is listed under the 327 subsector (Nonmetallic Mineral Product Manufacturing) which deals with sand, gravel, clay, stone, and refractory materials. 2. Section 902.07 of the Land Development Regulations covers the process for appeals of administrative decisions (see below). Section 902.07. Appeals from decisions of the community development director or his designee. (I) Purpose and intent. This section is established to provide a mechanism for the hearing and resolution of appeals of decisions or actions by the community development director or his designee and for further appeals from decisions and actions from the planning and zoning commission. ~c~ n. ucrrvr r~uc uirr. (a) The planning and zoning commission of Indian River County shall be authorized to: 1. Hear and decide appeals when it is alleged that there is an error in any order, requirement, decision, or determination made by the community development director or his designee in the application and enforcement of the provisions of the land development regulations. Hear and decide appeals when it is alleged that there is an error in the interpretation or application of a provision(s) of these land development regulations in relation to a development application. Decisions rendered by the planning and zoning commission may be appealed to the board of county commissioners which shall have the power to hear and decide such appeals. (b) Upon appeal and in conformance with land development regulations, the planning and zoning commission in exercising its powers may reverse or affirm wholly or partly or may modify the order, requirement, decision, interpretation, application or determination of the community development director or his designee. (c) Any action reversing the community development director's decision shall require four (4) ai~rmative votes of the planning and zoning commission. http://us. f333.mail.yahoo.com/ym/ShowLetter?box=Inbox&MsgId=95 85_18051636_3356... 2/ 1412007 Yahoo! Mail - rexnelsy@yahoo.com Page 2 of 7 (3) Appeal procedures. (a) The applicant, or any other person(s) whose substantial interests may be affected during the development review process, may initiate an appeal. (b) Appeals must be filed within twenty-one (21) days from the date of notification letter rendering the decision by the respective official.. Appeals may be concurrent with requests for approval of a development application(s). (c) An appeal must be filed within the specified time limit with the planning division on a form prescribed by the county. All such appeals shall recite the reasons such an appeal is being taken. The appeal should identify: the error alleged; the ordinance allegedly improperly interpreted or the requirement decision or order allegedly improperly issued; the land development regulations supporting the applicant's position; and the goals, objectives and/or policies of the comprehensive plan supporting the applicant's position. The appeal shall be accompanied by a fee to be determined by resolution of the board of county commissioners. The community development director shall schedule the appeal at the earliest available meeting of the planning and zoning commission. (d) Notice of the appeal, in writing, shall be mailed by the planning division to the owners of all land which abuts the property upon which an appeal is sought, at least seven (7) days prior to the hearing. The property appraiser's address for said owners shall be used in sending all such notices. The notice shall contain the name of the applicant for the appeal, a description of the land sufficient to identify it, a description of the appeal requested, as well as the date, time and place of the hearing. (e) All appeals shall be heard at a meeting of the planning and zoning commission.. All interested parties shall have a right to appear before the planning and zoning commission and address specific concerns directly related to the appeal. Any person may appear by agent or attorney. All such hearings shall be conducted in compliance with the rules of procedure for the planning and zoning commission. The time and place scheduled for hearing shall be given to the applicant in writing after an appeal application is submitted. (4) Action by the planning and zoning commission, findings of fact. At the hearing scheduled for the purpose of considering the appeal, the planning and zoning commission may, in conformity with the provisions of law and these land deveiopment regulations, uphoid, deveiopmeni uireciur ur his ucsi~ice Lwiii wuviii ~u~ uj~~cai ~~ ~a~~ll. ~~~ ~~~~~~..«~ u« appeal of a decision by the community development director or his designee, the planning and zoning commission must make findings in the following areas: (a) Did the reviewing official fail to follow the appropriate review procedures? (b) Did the reviewing official or commission fail to properly apply the use or size and dimension regulations for the respective zoning district(s)? (c) Did the reviewing official fail to consider adequately the effects of the proposed development upon surrounding properties, traffic circulation or public health, safety and welfare? (d) Did the reviewing official fail to evaluate the application with respect to the comprehensive plan and land development regulations of Indian River County? The decision of the planning and zoning commission shall be final unless further appealed. Not withstanding findings (a) through (d) above, the planning and zoning commission may make additional findings of fact. (5) Further appeals from actions by the planning and zoning commission. At any time within twenty-one (21) days following action by the planning and zoning commission, the applicant, the county administration, or any department thereof, or any other person whose substantial interests may be affected by the proceeding may seek review of such decision by the board of county commissioners. The decision of the board of county commissioners shall be final. At the hearing scheduled for the purpose of considering an appeal of the planning and zoning commission's action, the board of county commissions may, in conformity with the provisions of law and these land development regulations, uphold, amend, or reverse wholly or partly, the decision by the planning and zoning commission which is being appealed. Appeals of planning and zoning commission decisions to deny rezoning applications are regulated in section 902.12. All other types of appeals to the board of county commissioners shall be followed in accordance with the same provisions of appeal procedures to the http://us.f333.mail.yahoo.com/ym/ShowLetter?box=lnbox&MsgId=9585_18051636_3356... 2/l 4/2007 Yahoo! Mail - rexnelsy(a~yahoo.com Agriculture Agricultural Production Crops Horticultural and landscape P P Plants and specialties Mulch products and services P P Kennels and animal boarding P P Services Farm labor and management services P P landscape services P P Veterinary services 2 P P Commercial fisheries P - Commercial Construction General building contractors P P Special trade contractors P P Personal Services Linen supply P - Carpet and upholstery cleaning P - Drycleaningplants P - Auto Repair, Services and Parking Automobile parking and storage P - Automobile Repair Body and paint shops P P General automotive repair P P Carwashes P - Miscellaneous Repairs Electrical repair P P Reupholstery and furniture P P Welding P P Heavy machinery P P Cnrial QPr\ll (`PC Job training services P P Wholesale Trade Durable goods P P Non-durable goods P P Auction facilities, unenclosed S - Flea market A - Auto and home supply stores P - Gasoline service stations P S Boat dealers P - Recreational vehicle dealers P - Motorcycle dealers P - Automobile sales (new and/or used) P - Automotive fluid sales and services (other than gasoline) - A Eating and Drinking Establishments Restatu-ants P - Take out restaurants P P Drive through P - Bars and lounges P - Bottle clubs P - Fuel dealers P P Adult entertainment facilities S S Marine-Related Commercial Activities Boat sales and rental P - Commercial marina P - Marine repair and services P P Industrial Page 4 of 7 http://us.f333.mail.yahoo.com/ym/ShowLetter?box=Inbox&MsgId=9585_ 18051636_3356... 2/14/2007 Yahoo! Mail - rexnelsy ~L,yahoo.com Page 3 of 7 planning and zoning commission, section 902.07(3), and the board of county commissioners shall review the appeals with respect to the findings criteria of section 902.07(4). Any action by the board of county commissioners reversing a plamiing and zoning commission decision shall require three (3) affirrnative votes. 6 E ect o rlin an a cal. The film of an a cal shall terminate all roceedin s which further the action () .ff .ff g PP g pp p g appealed: until the appeal is resolved, except when the halting of such action poses a threat to life or property. The planning \ and zoning commission shall make this determination. Notwithstanding this provision, proceedings involving review of a ~l development application may proceed when an appeal of an administrative decision has been filed and will be considered concurrent with the development application request. `~ ' ~ (7) Transmittal of the record. Staff shall forthwith compile and transmit to the planning and zoning commission all information documented which constitutes the record of action from which the appeal is taken. ' -(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 2, 2-27-91; Ord. No. 93-29, §§ 8A, 8B, 9-7-93; Ord. No. 2002-004, § 1, 2- 1 JJ 12-02j 'i tl ~1.- ~ 3. Section 911.11 covers industrial districts (see below). ~~ Section 911.11. Industrial districts. n.J (1) Purpose and intent. The Industrial districts are established to implement the Indian River County Comprehensive plan policies for .Industrial development. These districts are intended to permit the development of ~ industrial property to provide an efficient use of land and public infrastructure, promote the economic well being of the ~ county and ensure industrial development compatible with existing and proposed development. The industrial districts shall regulate the size, scone, and location of industrial uses and provide standards to ensure `~ development compatible with the built and natural environment. ~~ (2) Districts established The following districts are established to implement the provisions of this chapter. ~,/ (a) IL--Light industrial district. The IL, light industrial district, is intended to provide opportunities for limited manufacturing and industrial. uses and to promote the establishment of employment centers which are accessible to urban services and facilities, the area labor force, and local industrial and business markets while minimizing the potential for any E !, adverse impacts upon nearby properties. V (b) IG--General indzrstrial district. The IG, general industrial district, is intended to provide areas where a broad range of industrial activities may locate and operate without signiticant adverse impacts upon nearby properties. The IC district is further intended to promote the establishment of employment centers which are accessible to the transportation system and other necessary urban services. (3) Relationship to land use maps. Industrial districts may be established in the following land use designation: C ommerc iaUIndustria( district C/l t~Ul3 IL X X iii X X (4) Uses. Uses in the industrial districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shalt be required for the construction, alteration and use of all structures and buildings. District Use 1L t(i http://tts.f333.mail.yahoo.com/ym/ShowLetter?box=Inbox&MsgId=9585_18051636_3356... 2/l 4/2007 Yahoo! Mail - rexnelsy@yahoo.com ~~ ~~ Manufacturing P P Food and kindred products P P Tobacco products P P Fruit and vegetable juice extraction A P Fruit and vegetable packing houses A P Textile products P P Lumber and wood P P Furniture and fixtures P P Paper and allied products and printing and publishing Chemicals and allied products Petroleum products - P Rubber and plastics - P Tires - P Rubber and plastic footwear P P Hose, belts, gaskets and packing P P Fabricated rubber products P P Drugs and pharmaceuticals P P Tanning and finishing - P Footwear P P Other leather goods P P 'Stone glass and clay P P Primary metal industries - P Fabricated metal products P P Machine shops P P Industrial machinery and equipment - P -Electronic and other electric equipment P P Transportation equipment - P Instruments and related products P P =Junk and salvage yards - S Demolition debris site - S TM„~~.,,,..t,.~;,,~ „tea r~,;~;r;o~ . , ~., .,r,,, ~w...,.. ~,.» .,........, Airports/airstrips S S Heliports/helipads S S Railroad and bus transportation services P P Trucking and courier services P P Commercial warehousing & storage P I' Moving and storage P P Trucking terminals P P Self storage P P Outdoor storage P P Vehicle storage lot (paved/unpaved)Z P P Postal services P P Water transport services P - Air transport services P - Pipelines P P Transportation Services Page 5 of 7 ~,la ~ ; ~~~ ~~ Communications towers (wireless facilities) A3 A3 Communications towers (non-wireless facilities) Amateur radio (accessory use) Less than 80 feet P P 80 feet or taller (see 971.44(4) for special criteria) Commercial Up to 70 feet: Camouflaged P P Non-camouflaged P P 70 feet to 150 feet: Camouflaged A A Monopole (minimum of 2 users) A A http://us.f333.mail.yahoo.com/ym/ShowLetter?box=Inbox&MsgId=9585_18051636_3356... 2/14/2007 Yahoo! Mail - rexnelsy~a~yahoo.com Not camouflaged and not monopole A/S* A/S* Over 150 feet: All tower types (see 971.44(1) for special criteria) S Freight transport arrangement P P Utilities Public and private utilities, heavy S S Gas services P P ElecMc services P P Water services P P Sanitary services P P [rrigation systems P P Residential Uses Accessory housing (watchmen) A A P= Permitted use A= Administrative permit use S= Special exception use Page 6 of 7 IThe requirements of section 917.06(11) of the accessory uses and structures chapter, shall apply to towers less than seventy (70) feet. Standards for unpaved vehicle storage lots are found in section 954.08(6). 3For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table. *eoo o~i nnl~l *,. ~IArA,-.,,~„P ~aharhar rha arlminictrative nPrmit nr cnecial exCentiOn nse nr000S5 anDlleS. .,.,., ~ ~ ..~~~z~ ., .~.,~ ........... ......~........_ ~...-~-•-------- ~ - r------- -- -~- - ~ . . (5) Accessory uses and structures. As provided in Chapter 917, Accessory Uses and Structures. (6) Required improvements. All future subdivisions and site plans for development, within the industrial districts shall install the following improvements, designated and constructed to the requirements and specifications in the Code of Laws and Ordinances of Indian River County and the State of Florida: IL IG Bikeways x ~ Sidewalk x x Street Lights x x (7} Buffer yard requirements. Where a nonresidential use within an industrial district directly abuts asingle-family or multifamily residential zoning district or use, a landscaped buffer yard meeting the following specifications shall be required along the side and/or rear property lines. District Single-Family Zoning Multi-Family Zoning IL Type A 6 ft. Opaque Type A 6 ft. Opaque IG 'type A 6 ft. Opaque Type A 6 ft. Opaque The buffer yards shall be measured at right angles to the lot line. All screening requirements shall meet the standards established in Chapter 926, Landscaping and Buffering. No off-street parking or loading areas shall be permitted within the buffer yard. http://us.f333.mail.yahoo.com/ym/ShowLetter?box=Inbox&MsgId=95 85_18051636_3 3 56... 2/ 14/2007 Yahoo! Mail - rexnelsy cr yahoo.com Page 7 of 7 When a loading dock is proposed to serve a use that normally requires frequent dock use (e.g. grocery store, department store, big box retail), and is to be located adjacent to a residentially designated site, and will not be screened from view from an adjacent residential site by an intervening building or structure, and eight-inch high wall shall be required between the loading dock and the residential site. Wall height shall be measured from the grade elevation of the parking area adjacent to the loading dock. Plantings along the wall are required in accordance with the standards of landscape section 926.08. (8) Size and dimension criteria: Regulation Unit of Measure IL IG Minimum Lot Size sq. ft. 15,000 15,000 Minimum Lot Width ft. 100 100 Minimum Yard ft. Front 25 25 Side* 10 10 Rear* 20/0 2010 Maximum Bldg. Coverage percent 40 40 Minimum Open Space percent 15 15 Maximum Building Ht. ft. 35 35 *No rear yard or side yard required where the rear property line or side property line abuts a FEC Railroad. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 9, 2-27-91; Ord. No. 91-23, § 5, 5-15-91; Ord. No. 91-48, § 21, 12-4-91; Ord. No. 94-25, §§ 1, 2, l4, 8-31-94; Ord. No. 97-16, § 3(6), 5-6-97; Ord. No. 97-29, § U, 12-16-97; Ord. No. 98-9, § 9, 5- 19-98; Ord. No. 2002-016, § 1F, 4-2-02; Ord. No. 2002-031, § IF, 11-12-02) 4. Site plan application expiration and extension is discussed in Sections 914.06(4)(c) and (d). The Ocean Concrete application was filed on December 6, 2006. (c) Application expiration. All applications shall expire and'become null and void. if approval is nut ~biaiiicd ~Nititiii twelve (12) months from the date a complete application is received by the planning division. (d) Application extensions. Upon finding of good cause, the community development director may grant one extension for a period of one year. No further site plan application extensions may be granted. If denied, all appeals of such decisions shall be heard by the planning and zoning commission. All appeals must be filed within ten (10) days of notification of denial. Appeal procedures shall be as specified in Chapter 902. ~~~1~~ ~ ~~~e 4W ~~Cp ~e~si~~ Plant~~~' Community Development Department Indian River County 1810 25th Street Vero Beach, Florida 32960 Tel: 772-226-1239 Fax: 772-978-1806 http://us.f333.mail.yahoo.com/ym/ShowLetter?box=Inbox&MsgId=9585_18051636_3356... 2/14/2007 Mr. Brian Freeman, IRC, Senior Planner February 1, 2007 C/O County Administration Building 1840 25th Street Vero Beach, FL 32960 Ref: Ocean Concrete Application No: 571127 Dear Mr. Freeman, I object to any approval of this application by Ocean Concrete on the following grounds. They fall into 4 general categories: Health, Safety, Pollution and Standards. Pollution (Noise) Typical concrete batch plants with 70' "Silos" have a maximum capacity 180 to 200 YPH (Cubic Yards Per Hour) (Max 12 Yards Per Batch Cycle). Typical concrete Redi-mix trucks have a capacity of about 11 cubic yards. This means this plant would be capable of shipping out over 18 full truck loads per hour; more at reduced truck loads. That's an 80,000 pound truck leaving the proposed plant every 3 minutes. Every truck that leaves has to return. That's a truck entering or exiting the facility every minute and 30 seconds. Now add the very large trucks that will bring locally produced sand into the proposed plant. Sand makes up about 50% of a cubic yard of concrete, therefore up to 90 to 100 yards of sand need to be available per hour. Most of Fischer's trucks haul up to 17 cubic yards. That translates into 11 entries and exits per hour. We could now see a truck on Old Dixie Highway and 512 East bound every 75 seconds. If this proposed plant only did 25% of its capacity that would mean some concrete or sand truck using the East bound lanes of 512 every 5 minutes. The 512 turn signal takes almost 4 minutes to cycle. How would you like to live down wind of all this noise? Now let's add the din of a front end loader pushing the sand into piles, retrieving it to dump into the processing hopper. Next, add the noise from a train slowing down to shuttle cars loaded with Portland cement and hopper cars of aggregate on to a siding (don't forget that this train may block 512 East bound and/or Schumann Drive during this moving of cars to a siding). Now unload these cars and transport the cement to the "Silo" and the aggregate to its storage bin. Then, when hatching, use the front end loader to keep the aggregate hopper full and add the sand. All of these trucks and end loaders use diesel engines that are noisy, smelly and have loud backup warning beepers for safety. Every once in awhile; a concrete truck returns with some concrete that has hardened in the trucks mixer. The only way to remove it is put a man in the mixer with a jackhammer to get it out. Just imagine the noise that makes. A kid playing drums in your house would almost be silent compared to this noise. Neighbors of the Tarmac plant in Melbourne make all the same complaints as well as the conveyor belts make noises like a roller coaster and rattle the dishes. Many typical cement hatching plants begin operations at 4:OOAM and continue until the last truck has returned for the day and been washed out. Most of us are still a sleep at 4:OOAM and would like to remain so. Do we know the hours of operation of the proposed plant and have any kind of guarantee they would not operate outside these parameters? Page 1 Pollution (Dust and Dirt) Movement of all this material around the property will cause wind blown debris consisting of fine sand, dirt and fine cement particles. All truck and end loader movement will pick this material off the ground and allow the wind to catch it. This is a fact that anyone living around a plant, whether state of the art or old, can attest to. According to NOAA, the National Climatic Data Center, the 46 year average for prevailing winds in this area is: ESE or SE for 9 months of the year at an average speed of 7 to 10 MPH. This means that most of The City of Sebastian is downwind of this blowing material. Will the plant operators come to my house each day to clean the fine layers of cement dust, sand and dirt from my deck, pool and outdoor furniture? That's what the people around the Tarmac plant in Melbourne have to put up with day in and day out. What about the dangers to our new $ 14 million preserve located '/2 to 3/4 of a mile from the proposed plant? Cement dust kills vegetation. Health Hazards The very fine particles of sand can cause "Silicosis", a debilitation disease, and cancer per OSHA, and can prove fatal. These very fine light particles can fly great distances and can affect the respiratory function of older people as well as the sick and young. Why does OSHA mandate respiratory protection for all concrete and cement industry workers? Portland cement dust is a "Immediately Dangerous To Life or Health" in large concentrations per OSHA (IDLH): SOOOmg/m3. What about longer term exposure at lower concentrations? According to OSHA, symptoms include: "Irritation of eyes, nose; cough, sore throat, expectoration; exertional dyspnea (breathing difficulty); wheezing, asthma, chronic bronchitis; dermatitis, skin burns, INGES, ACUTE: Burning sensation, abdominal pain." The industry workers can make use of protections, but what about the rest of us? Will we all need to wear respirators, goggles and protective clothing to stay safe and healthy? See OSHA Hazard Communication Rule, 29 CFR 1910.1200; SARA (Title III), Section 311 and 312; EPA Toxic Substance Control Act (TSCA) inventory under CAS# 14808-80-7. Under most manufactures Material Safety Data Sheets (MSDS) for Portland cement; if worker exposure exceeds OSHA limits, the manufactures MSDS says "Use local exhaust to vent to the atmosphere". Pass the problem on to the general public and environment! Another common ingredient of concrete is fly ash. It is used to reduce the quantity of Portland cement in a batch. Why? It's a by product of coal burning in electrical generating plants. It either has to be buried in specially lined disposal areas or disposed of by other legal means or usages. It also is considered a health hazard. According to the Environmental Protection Agency (EPA), fly ash contains heavy metals, including nickel, vanadium, arsenic, beryllium, cadmium, chromium, copper, molybdenum, zinc, lead, selenium and radium. Since it is dangerous, it is very cheap to buy, as producers are anxious to be rid of it. And it is an excellent substitute for up to 45% of Portland cement used in a concrete mix. Do we know if fly ash would be used in this proposed plant? Other "additives" can also be used in concrete production. These are known as "admixes". They are chemicals added to a batch to impart some additional properties to the concrete. Many of these "admixes" are poisons and dangerous. What about the proper storage and use of these chemicals. What about spills and atmospheric releases and health hazards? Page 2 .~ Standards (Height Restrictions) The term "Silo" may be a standard term in concrete plant terminology, but of more then 40 on-line dictionaries, all indicate only 2 common usages. One a "Silo" is used to store silage for agriculture uses or two, a structure designed to hold "missiles". A third meaning can be a below rg ound structure for holding coal. There is absolutely no mention of concrete plant structures. The question is: what were the defmitions that the zoning ordinance had in mind fora "Silo"? Since common usage of the term does not include a concrete batching plant structure, I think that if it were to include a concrete plant structure, it would have been spelled out like the church steeple. Clearly a 70' tall concrete plant structure was not meant to be allowed over the 35' limit. Only structures of worship (churches) and communication towers are exempt. Why, because these exemptions relate to almost all citizens for either worship or the common good for communication and safety. A cement silo serves neither purpose. Therefore; a cement "silo" is a very big stretch. Standards (Zoning Issues) This issue gets a little murky. Indian River County zoning regulations appear to consider a concrete batch plant as "Light Industry". Most citizens totally disagree. Most counties and cities will not allow this type of industry next to residentially zoned areas even if zoned heavy industry. Most require a conditional use certificate even in heavy industry zones. Brevard County uses this definition: Sec. 62-1102. Definitions and rules of construction. Heavy industry means the manufacture of goods under the following NAICS codes: 21-Mining, 322-Paper Manufacturing, 324-Petroleum and Coal Products, 325- Chemical Manufacturing, 311611, 311615-Slaughtering of Animals or Poultry, 31611- Leather Tanning, 3221-Pulp or Paper Mills, 32531-Fertilizer, 32732-Ready-mix Concrete, 336-Transportation Equipment, outdoors, and 2211-Electric Power Generation. The NAICS code 32732 supersedes to code 3273201isted below. North American Industry Classification System From: ~1tz~;i!te ~~~~~.c~ns~~5.~~c~i~-~~e~c_ililrlc~~~?% (From US Census Bureau) 327320 Ready-Mix Concrete Manufacturing This industry comprises establishments, such as batch plants or mix plants, primarily engaged in manufacturing concrete delivered to a purchaser in a plastic and unhardened state. Ready-mix concrete manufacturing establishments may mine, quarry, or purchase sand and gravel. Palmer Lake, CO agreed that Concrete Batch Plants were not "Light Industrial" and in 2001 denied Transit Mix a permit to build a plant on property zoned "light industrial". Our county may be out of step with surrounding and national codes pertaining to Light and Heavy Industrial manufacturing when dealing with a concrete batch plant. Page 3 Safety (Traffic Impact) See my objections list under Noise. Where would the railroad siding be located and how long would it be? Current freight trains that carry aggregate and cement along this right away are over 1 mile long. They take a very long time and distance to slow to a speed (actually come to a complete stop) that would allow transfer of cars to a siding. No matter what they do they will shut down either the Schumann Drive or 512 East bound lanes for 15 minutes or more. Emergency responders will not be able to use these crossings and will require long detours. Minutes and seconds count in emergencies! The center of the plant property is only 1/2 mile from Schumann Dr. and slightly less then 1 mile from 512. Since a siding would have to be hundreds of feet long, as well as having some portion of it on the plant property, a one mile long train will definitely close one or the other crossing during siding offloads. Pollution (Water) Eventually some material from such a plant would find its way off the property in water run off. What controls would be in place to capture and neutralize the materials? What guazanties do we have that it will not contaminate the shallow aquifer by leaching or the Indian River Lagoon by air borne or runoff? A lot of water is used in rinsing out a truck after unloading. Where will this contaminated water go? Pollution (Light) Early and late operation of a plant will mean that some hours of operation will be in the dark. This will require powerful flood lights to illuminate the property for safe operation. These typically are mounted on the highest structure, like a tower. This will cause neazby residential and preserve property to be subjected to light pollution. Native animals in our new $ 14 million preserve will be living in conditions that Mother Nature never intended and will eventually be driven away. Not a good legacy for citizens who are very concerned with environmental issues. Water Usage Atypical E-0.75 30001b concrete mix uses 41 gallons of water. At a maximum peak production of 200 cubic yards per hour that's 8,200 gallons per hour or 82,000 gallons in a 10 hour day. In addition each load carries about 150 gallons of water to thin the mix if needed and rinse the truck. That's a potential of another 27,000 gallons a day. Is it any wonder that concrete batch plants have a 4" water inlet pipe diameter? Will that kind of daily usage affect our municipal water supply, short or long term, or the shallow wells that so many citizens use for watering? Mr. Maib, on his Ocean Concrete website states: "Our management and the personnel have many yeazs of experience in the concrete Industry and aze aware of various problems encountered by the clients". Apparently that experience does not include zoning regulations and permitting, nor does he have concern about the citizens that live in proximity to his property. His violations for not having approved permits for the work already commenced on the property leave all citizens with a great deal of uncertainty. Page 4 Some Current & Proposed Concrete Batch Plants Facing Citizen Uproar and/or Legal Action East Manatee, FL Palmer Lake, CO Melbourne, FL Cranston, RI Stamford, CN Collier County, FL Mt. Airy MD Town of Saugerties, NY Altamont, CA East Freetown, MA Arlington, VA St. Thomas Township, PA Thank you for your indulgence, William & Sandra Sandy 542 Balboa Street Sebastian, FL 32958 (772)581-5766 ~v~cl~ ;tt'beilsc~~2th.net cc: Mr. Gary Wheeler, IRC, County Commission Chairman Mr. Joe Baird, IRC County Manager Mr. Robert Keating IRC, Community Development Director Mr. Stan Boling IRC, Planning Director Mr. David Hays, IRC Reviewing Engineer Mr. Ken Oristaglio, IRC Code Enforcement Environmental Planner Ms. Jeanne Bresett, IRC Traffic Analyst Ms. Donna Keyes, IRC Chairperson, Planning and Zoning Board Ms. Rebecca Grohall, City of Sebastian, Director of Growth Management Mr. Brian Burkeen, City of Sebastian, Mayor Mr. Sal Neglia, City of Sebastian, City Council Member Mr. Al Paternoster, City of Sebastian, City Council Member Ms. Andrea Coy, City of Sebastian, City Council Member Mr. Al Minner, City of Sebastian, City Manager Mr. Rich Stringer, City of Sebastian, City Attorney Mr. Dave Fisher, City of Sebastian, City Engineer Page 5 Growth Management Department Overview City Council February 14, 2007 Overview: 9 Staff total ,- Growth Management Director t FTE ~~ ~ --~ 1 Code Enforcement Occupational p~m~ & Zoning 3 FTE 'I Licensing 3 FTE ~ 1 PTE 1 FTE Code Enforcement Workshop Wed. Feb. 21St at 6:00 PM Department Overview The GM Department provides proactive planning to facility quality development. The department provides technical and professional guidance to the City Council, the City Manager, the Planning and Zoning Commission, as well as various boards and committees. The GM Dept. also provides occupational licensing, code enforcement, nuisance abatement, related economic development services and environmental services. Legislative Authority LDC Sec. 54-1-1.2 Sec. 163.3201 & 163.3202, F.S. Local governments shall adopt or amend and enforce land development regulations Regulate the subdivision of land Regulate the use of land Provide for protection of potable wellfields Regulate areas for drainage and stormwater management Ensure the protection of environmentally sensitive lands Regulate signage Provide for concurrency management Ensure safe and convenient on-site traffic flow considering needed vehicular parking. Duties: Rebecca Grohall, Director Oversaw afi aspects o(Growth Management and Code Enforcement Review all staff reports for site plans, plats, variances, etc. for completeness, accuracy, specialized areas, etc. - Pre-application meetings and conferences Completes quarterry and annual budge[ pertormance measurement reports '~ Conducts specialized certifications for Ciry: including Tree Cdy USA certification and Local Activ"rry Program (LAP) Certification for FDOT landed projects - Coordinates response [o land clearings conducted wdhout a permit Coordinates wRh County staff on as needed basis, especially on projects of joint interest to [he City of Sebastian Special projects for CRA, like the Fayade Sign and Landscaping grant guidelines, [he Yacht club renovation, Main St. Boat Ramp re-design, etc. Comprehensive Plan updates Land Development Code amendments -' Budgeting and [imesheets - Research spedal projects- like sovereign submerged lands paperwork for Main Street boat ramp. Final Inspections for commercial sites (Site Plan) - "Non monotonous" inspections for PUD's with monotonous color reshictions. - Assist walk-ins and phone calls with questions Other planning responsibilRies as needed 2 Duties: Jan King, Manager .- Site Plan Reviews and agenda memos for P 8 Z and City Council meetings. -. Preliminary and Final Plat reviews and agenda memos for P 8 Z and City Council meetings. Variance and Waiver reviews and agenda memos for P & Z and City Council meetings. ~- Comprehensive Plan updates Pre-application meetings and conferences FEMA -Community Rating System annual paperwork for determining the Class rating for city residents and Flood zone insurance - FEMA -Letters of Map Revision for residents seeking relief from high cost Flood insurance FEMA -repetitive loss project t Review of Sign permits ~. Review building permit applications for compliance with LDC - Assist walk-ins and phone calls with questions Other planning responsibilities as needed Duties: Dorri Bosworth, Planning Tech Site Plan Reviews and agenda memos for P 8 Z and City Council meetings. - Preliminary and Final Plat reviews and agenda memos for P & Z and City Council meetings. Variance and Waiver reviews and agenda memos for P 8 Z and City Council meetings. -' Temporary Use permits for special events Unity of Title and Releases Abandonment of Easements New model homes 8 Model home renewals '• Accessory Swctures over 500 sf - staFl report and process for P&Z Commission review Zoning verification and compliance letters Pre-application meetings and conferences Walk-in customer and telephone -zoning and code information 8 help Building permit application review for zoning compliance -commercial projects Plan processing- application, distribution, f le organization, etc. Administrative duties- legal ads and public notification letters, meeting agendas and distribution, packet compilation, etc. er planning responsibilities as needed Duties: Margie Reynolds, Env. Spec. Management & Reporting of Habitat Conservation Plan (HCP) for Scrub Jays Update Tree Protection code (LDC) Site plan reviews for impacts to protected species Develop new guidelines for Gopher Tortoise protection Tree inspections for residential and commercial permits Land clearing permits, pre-application inspections Tree removal permits Apply for grant funding Storm water permit renewal for city projects Storm water inspections for commercial and residential projects <- Assist walk-ins and phone calls with questions Other planning responsibilities as needed 3 Types of Applications Site Plans, New & Modifications Site Plans, Modification Plat: preliminary and final Planned Unit Development Annexation requests Flood Zone determinations, letters of map revisions, etc. Occupational Licenses Home Based Businesses Temporary Use (Special Event) Workload Chart «o , -_ <oo - 350 300 ' z zoo ,50 100 50 ~.P..,...•...,....,.. r.~,.•,...R,.. .___. _ ~i ^ 2002/03 ^ 2003/04 i ^ 2004/05 ~ ' ~ 2005/06 .. Site Plan Process LDC Sec. 54-4-18 PRE-APPLICATION -Generally consists of meetings, telephone or counter conversations with a developer FORMAL APPLICATION - At this stage, the petitioner provides the GMD with engineered plans and required documents; fees are paid and the review process formally begins. APPLICATION ORGANIZATION: A file is created with the project name and address. 4 Site Plan Process APPLICATION/PLANS DISBURSEMENT: proposed plans and other pertinent information are disbursed to various agencies (interdepartmental, local and regional) INTERNAL STAFF MEETING: GMD and Engineering staff meet to discuss the project regarding questions, concerns, additional requirements for public safety, maintenance and future needs (i. e., sidewalks, easements, additional ROVI/). Site Plan Process GROWTH MANAGEMENT REVIEW: GMD staff subsequently reviews the project for compliance with the LDC which regulates zoning, concurrency, landscaping, architectural, storm water, buffer, parking, site data, FEMA requirements, conditional use permits, variances, overlay district criteria, etc. COMMENTS: Upon completion of the GMD review, staff formulates comments concerning the proposal and those comments are forwarded to civil engineer. Site Plan Process REVISION: Based on GMD preliminary comments, the civil engineer has an opportunity to respond to comments and make changes/correctionsand re-submits the application to the GMD. REVIEW OF REVISION: GMD staff verifies that all comments and corrections are met and compliant with City regulations and a final project is prepared for the public hearing and staff presentation (i. e. - "The Staff Report'). 5 Site Plan Process HEARING DATE SET: The project is scheduled for a public hearing before the Planning and Zoning Commission and/or City Council. PUBLIC HEARING: The official public or quasi judicial hearing takes place and a determination is made on the application. Site Plan Process PERMITTING AND CONSTRUCTION: Upon approval, permits are then issued for various requirements such as building or land clearing. Staff is required to verify that all development permits have been forward and received by the City. Additional permits maybe required from SJRWMD, DEP, Fish and Wildlife, etc. BEFORE permitting will occur. Site Plan Process FINAL INSPECTION: Before a Certificate of Occupancy or Completion is released by the Building Department; the GMD is required to perform a final inspection to verify that the project was built according to the approved plan. 6 Staffing Levels PI nnin T h. 11 4 i PI n P h' Direct r 3 PI V r 17 78 Director, Manager, Nsion Program Manager, Assistant Planner, Urben Designer, Planning Specialis(2 Admin. Director, Manager, Chief Planner, Zoning Supervisor, e 19 OBfi r 4 Plann A mi . St. Cloud 22 508 8 Director, 3 planners, development coordinator, 2 tannin laths, Admin. Asst. Cities smaller than Sebastian (Vero Beach, Punta Gorda, and Leesburg) have 8 staff. St. Cloud, which is slightly larger ., i, population also have 8 staff.