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HomeMy WebLinkAbout03142007~m~~ ~u~ °- HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 14, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Mayor called the meeting to order at 7:00 p.m. 2. Council Member Neglia led the Pledge of Allegiance. 3. There was a moment of silence. 4. The Civility Pledge was read. 4. ROLL CALL City Council Present: Mayor Brian Burkeen Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams MIS Systems Analyst, Barbara Brooke Building Director, Wayne Eseltine City Engineer, David Fisher Golf Course Director, Greg Gardner Growth Management Director, Rebecca Grohall Human Resources Director, Debra Krueger Interim Public Works Director, Jerry Converse MIS Systems Analyst, Barry Siepmann Regular City Council Meeting March 14, 2007 Page Two 1-2 6. FILL COUNCIL VACANCY IN ACCORDANCE WITH CITY CHARTER (City Clerk Transmittal) A. Motion to Fill Vacancy On MOTION by Ms. Coy and SECOND by Mr. Paternoster, City Council moved to fill the vacancy on a roll call vote of 4-0. Mayor Burkeen nominated Ms. Dale Simchick who received the highest vote of the non- incumbents. B. Swearing In by City Clerk Ms. Simchick was sworn in by the City Clerk and then took her place on the dais. Mayor Burkeen asked that proclamations be moved to just before the next item. The City Attorney advised that the Sebastian Crossings item should not be listed under public hearings but moved to the consent agenda because it is a legislative matter rather than quasi judicial. On MOTION by Mr. Neglia and SECOND by Mr. Paternoster, the agenda was modified as requested by Mayor Burkeen and the City Attorney on a roll call vote of 5-0. 9. PROCLAMATIONS. ANNOUNCEMENTS, PRESENTATIONS 07.061 A. Proclamation -Bovs and Girls Club -Alex Soares. Sebastian Branch Director Bovs & Girls Club Mayor Burkeen read the proclamation and presented it to Alex Soares and Nicole Weber. Mr. Soares invited everyone to attend a March 30`h cookout. 07.052 B. Proclamation - Teacher of the Year Award -Lisa Mucci Mayor Burkeen read the proclamation and presented it to Lisa Mucci, who addressed the audience and received a standing ovation. 2 Regular City Council Meeting March 14, 2007 Page Three 7. ITEMS CARRIED FORWARD FROM 2/28/07 REGULAR MEETING 07.046 A. Bostinto Drainage Issue -City Engineer Report and City Attorney Report 3-~ on Whether These Issues Should be Handled Case-bv-Case or City-Wide The City Manager reiterated that the City has not caused this drainage problem and fixing it would set an unwanted precedence. Rosemary Bostinto said the City Manager shook her hand and made a promise, and the Supreme Court considers that a contract. She said she waited eleven months to move forward for the problem to be fixed, and noted that she did not create the problem. Mr. Neglia suggested the City could work with Ms. Bostinto to share the costs. Mr. Paternoster said this has been a lengthy process and a commitment was made by the City Manager, and as Council it should be honored. Mr. Paternoster said he told Ms. Bostinto the City Engineer was working on it and then was told by the City Engineer he only found out about it in January. In response to Ms. Coy, the City Manager said he did not recall telling her he was going to fix it but remembered that he was under a contingency, that if the problem was caused by the City and if it was the City's responsibility, the City would look into and fix it. He said he does not believe the City has responsibility in this issue. Ms. Coy said there is a long history on this issue, that Burgoon Berger offered to fix the problem with fill during the construction of the house behind her. She said she has heard the City Manager make that same promise to others, that if it is the City's problem it would be fixed. In response to Ms. Simchick, Ms. Bostinto said she lived in the house nine years and she has been in the house nine years, and the problem occurred when an adjacent house was constructed. Ms. Simchick reminded everyone that the County Health Department sets the elevations on houses not the City. She said she would support the City establishing a comprehensive plan on the entire issue but would not take action on a single matter at this time. Virgina Koernor, adjacent property owner, said she received a copy of the Burgoon Berger letter, and that she did not know of the intentions of the builder until two weeks before she moved in, that her pool had been undermined and Burgoon Berger was going to drop her fill into the Bostinto yard. She said to the best of her recollection no arrangements were made for this. Regular City Council Meeting March 14, 2007 Page Four Damien Gilliams, 1623 US 1, Sebastian, said for the record, it is the State Health Department and not the County who sets elevations, and if everyone was mandated to have gutters directing their runoff to the front the City could eliminate the problem. Mr. Paternoster said that the City Manager said he did not want to get into the middle of two guineas from New Jersey. The City Manager called for a point of order and said what Mr. Paternoster said was not true. Mayor Burkeen called for a point of order, and Mr. Paternoster asked if the Mayor wanted the truth or what people wanted to hear. The City Manager answered that Council wouldn't get the truth from Mr. Paternoster. In response to Ms. Simchick and Mr. Neglia relative to precedence and liability, the City Attorney responded said it is not illegal to help Mrs. Bostinto and the City would not have to do it for others, the City would just be setting a policy precedence. A MOTION by Mr. Paternoster with a SECOND by Mr. Neglia was made to go ahead and fix the Bostinto backyard as promised using the City Engineer's methods. The City Engineer stated costs for methods set out in his memo would be from approximately $2,000 to $5,000 and explained that the numbers would come out differently depending on who does it. The City Attorney said an indemnification agreement would be needed if city workers did the work and recommended Council make the agreement part of the motion. Mr. Paternoster added to his motion the negotiation of an agreement for indemnification and Mr. Neglia agreed. On a roll call of 4-1, the motion passed. (Coy -nay) 06.114 B. Discussion of Draft Ordinance No. 0-07-06 - Overgrown Lots The City Attorney asked Council to decide if this is the way they want to go and then he will forward the ordinance to U.S. Fish and Wildlife Service for comment. Ms. Simchick said she preferred the lots remain in their natural state and is concerned that out of town property owners will not have a say regarding the ordinance. Ms. Coy pointed out that an aggrieved neighbor is needed to have a problem and not all of the vacant lots will have to be done. The City Attorney advised an ordinance cannot be drafted based on someone's complaint. Mayor Burkeen asked how long this review would take to develop guidelines. The City Attorney said it would probably take about six to eight weeks. 4 Regular City Council Meeting March 14, 2007 Page Five The City Attorney pointed out this would only apply to lots adjacent to developed lots because there is a commitment in the habitat conservation plan to preserve the habitat until it is actually developed. Mr. Paternoster said we have to take care of the people who are here in the City as opposed to the vacant property owners. Louise Kautenberg, asked Council to consider carefully; said wildlife does adapt to change in their environment, and we need to give them time to do so; said she does not hear many people complaining about overgrown lots; and that owners of undeveloped property that don't require city services deserve as much respect as someone who owns a house. Neil Lagin, said it is the invasive plants that need to be cut back and would like to see an ordinance that eliminates pepper trees, mellaluca, and potato vine from the City Trish Adams, Sebastian, Habitat Conservation Planning Coordinator for US Fish and Wildlife Service, said pepper trees are taking over the environment, and scrub jays are not adapting to pepper trees but stay in the same area for their lives supplementing their diets with birdfeeders. She said the Service has learned more since the City's original Habitat Conservation Plan, and the Service will not allow new permits to clear during nesting season which goes from March to June. She said without the prohibition of clearing during nesting season, the Service would not support this ordinance. Ms. Coy said the issue is not all the empty lots around town, but the lot next door that is breaking down fences causing the homeowner to be faced with a civil suit. She asked if there is any way the ordinance can be drafted so it addresses only property damage. The City Attorney said through the current nuisance provision the City can have trees removed that are in danger of falling on a house. He said if the trees have crossed over the line into the next property, homeowners can cut them. Mayor Burkeen asked if this is a city-wide problem and if an ordinance is really needed. Ms. Coy stated she did not want to take habitat but is concerned with recent citizens who have shown pictures of damage. The City Attorney offered language instead of "encroaches on an improved real property" to "damage to adjoining real property." Mayor Burkeen offered that a dollar figure can be attached. The City Attorney stated all damage might have a dollar figure. Mr. Paternoster clarified that Council is trying to head off the encroachment with the five foot language. The City Attorney agreed because Florida vegetation is known to grow back quickly. Regular City Council Meeting March 14, 2007 Page Six Ms. Simchick asked if homeowners insurance would cover a tree falling down. The City Attorney said it would, but preventing personal injury is the City's standpoint. She asked if neighbors would be trespassing if they stood and cut in their neighbor's yard. The City Attorney didn't think neighbors would be upset if they were taking care of overgrowth. Finally, Ms. Simchick asked if it was a dead tree could it be considered a nuisance. The City Attorney said the City has been doing that but not in cases such as pushing a fence. He cautioned Council getting too involved with property disputes and said ideally if the Council on Aging kept a list of volunteers who would cut back lots that would be great. Mayor Burkeen suggested moving forward with the draft and then see if there is any interest as it moves forward. The City Attorney said he could bring it more in line with property damage and bring it back to the next meeting. Mr. Paternoster said it also needs to have encroachment in it as well. 07.029 C. Approve CDM Collier Canal Seawall Assessment and Design Project Contract 9-23 The City Manager said CDM has requested an additional $65,000 for redesign of the project, and said the City Engineer will address the specifics. The City Engineer cited his February 22, 2007 memo to Council and said that he finds nothing wrong with the project design costs, however, noted that everything is subject to final audit. He recommended that the invoice be paid. The City Manager explained that CDM was very successful in reducing mitigation costs; assisted the City with grant procurement; lived up to the terms of their contract; and based on the changes that occurred for this project, they are entitled to the amended contract price. Don Wright, 720 North Fischer Circle, Sebastian, said the dredge spoils from Collier Creek are planned to be dumped in Hardee Park and the Parks and Recreation Committee objects to this due to the fact that it is a well used park. He said there is no real information being shared with the public on this. The City Manager said the actual project operation would be addressed at a later time. He said putting the spoils at Hardee was not preferred but fit into the budget plans. He said the City has a permitted project, and can modify the permit if necessary. He said he would review the permit and possible permit alternatives at a later time with Council with various options available. Bob Audette, 755 Wimbrow Drive, Sebastian, said after sending a detailed letter to each member of Council, three of five Council members did not feel this issue was worth getting back to him on. Mr. Audette then read through his list of CDM's deficiencies: no wading bird mitigation in the initial application; widening some spots without telling the residents; and cutting asbestos above water line. 6 Regular City Council Meeting March 14, 2007 Page Seven In response to Mr. Audette, the City Manager said the twin ditches is a CDM project. The City Manager said the contractor started the project without an dewatering permit but it was stopped immediately until the permit was received. The City Manager pointed out the contractor working without the permit is not a fault of CDM. Mr. Audette said CDM has no right to ask the City for more money and it is his contention that a design should work and if it doesn't work, it should be fixed for free. Mr. Audette read a December 14, 2006 request for additional information from St. Johns River Water Management District as follows, "Please be advised that Collier Creek Canal is considered surface water as defined from top of bank to top of bank therefore surface water acreage and surface water impact resulting from dredging is 13.6 acres any dredging and/or filling below the proposed top bank of drainage ditches is considered surface water impact. Please provide the acreage of fill below the top of the bank resulting from filling to create the slope." He stated CDM's answer, "Based on the definition that surface water is defined as top of bank to top of bank, there are approximately 13.6 acres of dredge and or fill impacts to the water," which he did not feel is an answer and the City may have to pay for mitigation. The City Manager said when he reviewed Mr. Audette's information he said Mr. Audette kind of weaved in and out of two different times that this project was considered, and said in February St. Johns gave us a permit that they would not have given it if we still had problems. Mr. Audette said they were told by St. Johns that if they see an engineer's seal they don't even review it. He said it was not his intent to stop the project but convince Council that there have been mistakes and $65,000 is just the tip of the nightmare. Mayor Burkeen asked if a project such as this would be audited and the City Manager responded that it would be included in the overall CAFR but if Council was seeking a specific audit on this project they would have to request a special audit. 8:33 pm Eugene Wolff, 757 Wimbrow Drive, Sebastian, said he believed CDM is a reputable firm however, the design that was originally drawn up was shot full of holes by St. Johns, and then the City decided to do a simpler project, and CDM redesigned. He said they should not be paid to do a simpler design, he said the City expects them to get grants, that $65,000 is a lot of money, and suggested the City call it even and they swallow the money as a show of good faith. John Oakes, 593 Birch Court, said the metaphor presented by Mr. Wolff was accurate and the right thing to do is not pay the $65,000. 7 Regular City Council Meeting March 14, 2007 Page Eight Ms. Coy said Mr. Wolff said St. Johns filled the original plan full of holes, but it was her recollection that Council is the body that changed the project. The City Manager explained the City needed more detention/retention and through a year-long review, decided to minimize and go with the Collier Creek project. Eric Groetke, CDM Engineer and Sebastian resident, said he worked on the Stormwater Master Plan and it is dear to his heart, and the project has changed a great deal. He said Collier Creek was originally supposed to be an assessment project and it would be charged to residents along the canal. He said the contractor did not do what he was required to do and was immediately immobilized. CDM has been in Indian River County for over twenty years and continues to do things for the City out of any contract. He said he would not have come to Council if they had not been impacted. Bob Audette reiterated his three points of contention. Eugene Wolff reminded that the City Attorney determined the seawalls to be owned by City so residents could not be assessed. Mr. Paternoster asked if CDM could answer Mr. Audette's three questions. Eric Groetke, responded in regard to the wading bird habitat: extensive discussions with SJRWMD were held, the site was visited, SJRWMD said the project had to happen and asked us to come up with a mitigation plan. Mr. Groetke said the widening of the canal was a result of several meetings held here at the direction of Council. Finally, he said the asbestos seawall has also been brought up in many meetings; it is a FDEP issue and will be handled by the contractor and CDM cannot direct the contractor how to remove the asbestos (the contractor will have to be certified in asbestos removal). Mr. Neglia said when the Twin Ditches project failed the Council members were called right away and the neighbors were happy that it was taken care of. The contractor admitted it was going to cost him but he took care of it. He said CDM has been up front; the City has changed the project and the money is not enough money. Mayor Burkeen thanked CDM for the job they have done, but said the Council does owe citizens responsibility. On a MOTION by Mayor Burkeen, with a SECOND by Mr. Neglia the payment was authorized with an audit to be completed at the end of the project. Mayor Burkeen called for a recess at 9 p.m. and they reconvened at 9:10 p.m. All council members were present. Regular City Council Meeting March 14, 2007 Page Nine 07.060 D. Discussion of City Hall Complex as Public Forum (Added by City Attorney) (no backup) The City Attorney said since the complex opened we have been careful as to what we consider a public forum, citing the use of the courtyard. He said Friendship Lane is not a public road but rather an internal circulation drive, and during the election the city had memos in place that the appropriate forum was the area of the Main Street sidewalk. He said there was an individual handing out handbills in the back parking lot last week. He said he would come back with an amendment of the handbill ordinance to allow them in areas established as public forums. It was the consensus of Council for him to proceed. 07.059 E. Alternate Representative Proposal by Treasure Coast Regional Planning Council (TCRPC) minutes 25-33 Mayor Burkeen explained that certain municipalities would like Sebastian to give up one of its voting positions on TCRPC. All members agreed they did not want to give up the City membership. 8. 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) No further modifications. 10. 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. 35-40 A. Approval of Minutes - 2/21/07 Code Enforcement Workshop 41-51 B. Approval of Minutes - 2/28/07 Regular Meeting 07.057 C. Resolution No. R-07-10 -Extend Environmental Advisory Committee for Six 53-56 Months (City Attorney Transmittal, R-07-10) A RESOLUTION OF THE CITY OF SEBASTIAN. FLORIDA, EXTENDING TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 07.062 D. Approve Treasure Coast Crafters Club Craft Show in West End of Riverview 57-64 Park by US 1 on April 28 8~ 29, 2007 from 9 am to 4 pm (Parks Transmittal, Permit Application, Donation Letters) 9 Regular City Council Meeting March 14, 2007 Page Ten 06.113 ~4 E. Resolution No. R-07-09 -Final Plat for Sebastian Crossinigs Commercial 73-93 (GMD Transmittal. R-07-09, Final Plat, Application, Bond, Estimated Costs, Surveyor's Approval) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS SEBASTIAN CROSSINGS COMMERCIAL SUBDIVISION; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. On MOTION by Mr. Neglia and SECOND by Ms. Coy items A-E were approved on a roll call vote of 5-0. 11. COMMITTEE REPORTS/RECOMMENDATIONS 07.001 A. Parks & Recreation Advisory Committee s5 i. Removal of Walt McCarty for Non-Attendance (City Clerk Transmittal) On MOTION by Mr. Neglia and SECOND by Ms. Coy Mr. McCarty was removed on a roll call vote of 5-0. 07.004 B. Temporary Environmental Advisory Committee s7-72 i. Fill Vacancy (City Clerk Transmittal) On MOTION by Mr. Paternoster and SECOND by Ms. Coy, the rules were suspended and Ms. Koerner was appointed on a voice vote of 5-0. 12. PUBLIC HEARING Item A was moved to consent. 06.158 B. O_ rdinance No. 0-07-05 - 100-Foot Buffer (City Attorney Transmittal 0-07-05) 95-98 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. (PJ 3/7/07) The City Attorney read the title and the Mayor Burkeen opened the public hearing at 9:22 p.m. No one came forward to speak. On MOTION by Mr. Paternoster and SECOND by Mayor Burkeen, Ordinance No. 0-07-05 was adopted on a roll call of 5-0. 13. UNFINISHED BUSINESS -None 10 Regular City Council Meeting March 14, 2007 Page Eleven 14. NEW BUSINESS 07.063 A. Waive Bid Procedures and Award Sebastian Municipal Golf Cart Lease/Purchase 99-118 Agreement to Club Car (SMGC Transmittal, Agreement, RFP, Spreadsheet) The City Manager reiterated his recommendation in the agenda packet and recommended approval. Mayor Burkeen asked if we are piggybacking the North Palm Beach, and the City Manager said there were some specifics of the contract that were slightly different. The City Manager responded to questions from Mr. Neglia and Mr. Paternoster relative to lease provisions about using the carts other than their stated intent, and maintenance issues. On MOTION by Mayor Burkeen and SECOND by Mr. Neglia, City Council approved the lease/purchase agreement on a roll call vote of 5-0. 15. 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 Joe Scozzari said when Mr. McCollum was here, he asked for the Clambake records and now that Mr. McCollum said he doesn't want them, Mr. Scozzari asked if a Council member would ask the City Clerk to request them or ask for her to ask for the records in writing. He cited the Attrorney General opinion advising that the records be public. He said he hasn't seen a real push to obtain the Clambake records. Todd Klitinic, Sebastian said he would like to see ahandball/racquet court and new community center; spoke of a Salvation Army appreciation dinner; stated he planned to ask for drainage relief next from the City. Neil Lagin, Wentworth Street, Sebastian, suggested an ordinance to direct flow of water when houses are built higher than those adjacent to them. The City Attorney said that regulation is already in place. Julie Scozzari, thanked Council for fixing the railings on Indian River Drive and congratulated Ms. Simchick. Cynthia Noonan stated the Gang Prevention Task Force had their first meeting and have gathered assessment questions. She asked for Council's patience during their assessment process. Damien Gilliams, Sebastian, thanked Mayor Burkeen for his service to the community; said he submitted his site plan and has not received any response; asked if the Growth Management Director has a procedure in place for site plan review; reported on his hearing before the Construction Board noting that it was postponed and asked why the 11 Regular City Council Meeting March 14, 2007 Page Twelve City was not prepared; said people are allowed under the First Amendment to protest and someone from the City called the Police Department to remove an individual who was handing out handbills during the early voting and the Chief apologized to him because there is no code that prohibits handing out information; congratulated Ms. Simchick and Ms. Coy and said that the word is out that Ms. Coy will be Mayor and the fix is in. Joe Scozzari said it was a good idea to move "Introduction of New Business" because now people have a lot of time to speak. 16. CITY ATTORNEY MATTERS -None 17. CITY MANAGER MATTERS -None 18. CITY CLERK MATTERS The City Clerk responded to Mr. Scozzari's accusation that there is no push to get the Clambake records by stating she had sent a letter of request to the Foundation and had sent an a-mail at Mr. Scozzari's request, to the Foundation's legal counsel who has the records. She further stated she had provided Mr. Scozzari with the records the City had on the Clambake and could not provide records she does not have. 19. CITY COUNCIL MATTERS Ms. Simchick -She thanked everyone that voted for her. -Requested mile markers in Riverview Park for fitness walkers. Ms.Cov -Said there had been a fish kill at Easy Street Park spawned by an amberjack. She said she was disappointed in whoever put the amberjack in the pond. -She thanked everyone that voted for her. She said she would miss the Mayor. Mr. Paternoster None. Mr. Neglia -Said he would miss the Mayor. -Gave a legislative delegation meeting report on urban service area sponsored by Commissioner Wheeler; and stated property tax reform and insurance are priorities for Senator Haridopolis. 12 Regular City Council Meeting March 14, 2007 Page Thirteen -Spoke of a possible interlocal government group that might form instead of a charter government. -He urged the public to watch these issues coming up. Mavor Burkeen Congratulated Ms. Simchick and Ms. Coy. Said his last two years have been challenging, rewarding, and he has learned a wealth of experience. He thanked his supporters, wife, kids and parents for their support during this time. 20. Being no further business, the Mayor adjourned the meeting at 10:10 p.m. Approved at the March 28, 2007 Regular City Council Meeting. Andrea Coy, Mayor ATTES ---- Sally A. Ma' , MMC - ify Clerk 13