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HomeMy WebLinkAbout05092007 Regulararv ~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 9, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the Regular Meeting to order at 7:22 p.m. 2. The Pledge of Allegiance was led by Council Member Wolff. 3. There was a moment of silence. 4. Council Member Wolff read the Civility Pledge as follows: "We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present at Dais: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Staff Present in Chambers: Airport Director, Joe Griffin Building Director, Wayne Eseltine City Engineer, David Fisher Finance Director, Shai Francis Golf Course Director, Greg Gardner Head Golf Professional, Michael Nichols Human Resources Director, Debra Krueger Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Zoning Technician, Dorri Bosworth Interim Public Works Director, Jerry Converse Parks Superintendent, Chris McCarthy Police Chief, Jim Davis MIS Systems Analyst, Barbara Brooke Regular City Council Meeting May 9, 2007 Page Two 6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda maybe added only upon a unanimous vote of City Council members (R-05-26) Mayor Coy announced addition of two items: proclamation for Building Safety Week and a request letter from the Little League. On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, the two items were added on a voice vote of 5-0. 7. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 07.095 A. Proclamation -National Safe Boating Week -Mav 19-25, 2007 -Nigel Hargreaves or Member of Power Squadron Accepting Mayor Coy read and presented the proclamation to Nigel Hargreaves, and two other members of the Power Squadron. Mr. Hargreaves recognized Scripps and Hometown News and explained their boating courses offered to the public. 07.096 B. Proclamation -National Tourism Week -Mav 12-20, 2007 -Beth Mitchell, 3 Executive Director, Sebastian River Area Chamber of Commerce Accepting Mayor Coy read and presented the proclamation to Beth Mitchell, and Ms. Mitchell and her assistant, Nicole, presented booklets to Council members and announced a discounted ticket night at Dodgertown dedicated to those working in the tourism industry. 07.044 C. Certificate of Appreciation to Mary Bennett for Tree and Landscape Advisory Board Service Mayor Coy read the certificate for Mary Bennett, though Ms. Bennett was not in attendance. 07.003 D. Recognition to City Employee of the Quarter -Michael Nichols, Head Golf 5 Professional, Sebastian Municipal Golf Course Mayor Coy read and presented the plaque and a $100 bond to Michael Nichols. New E. Proclamation -Building Safety Week -Mav 6-12, 2007 Mayor Coy read and presented the proclamation to Building Director, Wayne Eseltine. Mr. Eseltine said the City Building Department works hard to enforce codes for safety. New F. Request from Mr. Siebel, Little League Mr. Siebel, Little League, requested the naming of little league field number one in memory of Michael Abt who tragically died last year. Mr. Paternoster said he would like to have the Abt family here when we do it. Ms. Simchick suggested the City could replace the number one on the backboard with Michael's name. 2 Regular City Council Meeting May 9, 2007 Page Three MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, to rename the little league field number one to the Michael Abt Field on a voice vote of 5-0. Staff was directed to contact the Abt family and invite them to a meeting for the formal dedication and proclamation. Mr. Siebel thanked the City for all they have done for Little League. 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. 7-10 A. Approval of Minutes - 4/4/07 Workshop 11-28 B. Approval of Minutes - 4/25/07 Regular Meeting 29-30 C. Approval of Minutes - 5/2/07 Special Meeting 07.040 D. Resolution No. R-07-15 2~d Quarter Budget Amendment (Finance Director 31-77 Transmittal, R-07-15 w/Attached Budget Review Memorandum, Capital Projects Status Report, Schedule of Investments [4], 2~d Quarter Accomplishments) 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. 07.097 E. Approve Fiscal Year 2007/2008 Budget Calendar (Finance Director Transmittal, 79-81 Calendar) 07.098 F. Waive Formal Bidding Procedure and Approve Koppenberg Enterprises to 83-96 Construct and Install R Model Columbarium Atop Existing Columbarium at Sebastian Municipal Cemetery in the Amount of $34,500 (Park Superintendent Transmittal, Drawing, Price Quotes) 07.099 G. Resolution No. R-07-19 - FDOT Joint Participation Agreement for Security Brush 97-137 Cutting (Airport Director Transmittal, Security Guidelines, R-07-19, JPA, Bids) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO RECEIVE FUNDING FOR SECURITY BRUSH CUTTING; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 07.100 H. Award Bid for Security Brush Cutting to Sunny Isle, Inc. of Palm Bay in the 97-137 Amount of $43,967 (See Airport Director Transmittal Above) Regular City Council Meeting May 9, 2007 Page Four 07.101 I. Approval of Craft Club of Sebastian 2007-2008 Show Dates and Rain Dates as 139-145 Requested with 50% Fee Waiver Based on Their Donations to Worthy Causes (Parks Superintendent Transmittal, Permit Application, Craft Club Letter) Ms. Simchick removed items F and H, Mr. Paternoster removed item I, Mr. Neglia removed items G and H. On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, items A, B, C, D, and E were approved on a roll call vote of 5-0. Item F -Cemetery Columbarium Mr. Paternoster questioned why the bid was waived. Chris McCarthy explained he was trying to match up existing equipment. Ms. Cutright asked why no local bidders had an opportunity to bid on this. Mayor Coy read from staff recommendation. Mr. Wolff said he had looked into this and found that Eagle Monuments of Ft. Pierce did give a quote which was higher. On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, item F was approved as requested on a roll call vote of 5-0. Item G - R-07-19 JPA Mr. Neglia asked the Airport Director to describe security brush cutting. The Airport Director said he became aware of this due to work being done in Valkaria and he brought it to the attention of FDOT and FAA. He further described areas of the project and exhibited the agenda packet photo on the overhead screen indicating areas to be cut. On MOTION by Mr. Neglia, and SECOND by Ms. Simchick, item G was approved as requested on a roll call vote of 5-0. Item H -Airport Security Brush Cutting Ms. Cutright asked how bids are noticed to the public, particularly local landscapers, and the City Manager explained the process. The Airport Director explained the scope of the work and said this is not typical landscaping and clearing but will utilize special machinery. He said he did seek other proposals through a-mail which he can forward to Council The Airport Director said FDOT did not funnel him to that one company, but that the proposal came in at the price FDOT was willing to fund. Mr. Wolff thanked him for seeking additional proposals. 4 Regular City Council Meeting May 9, 2007 Page Five On MOTION by Ms. Simchick, and SECOND by Mr. Paternoster, item G was approved as requested on a roll call vote of 5-0. Item I -Craft Club Shows Mr. Paternoster asked why Council would consider waiving half of the Craft Club fee. Chris McCarthy said Council had waived the fee for the last two years and they are the longest running festival in the park. Mr. Paternoster pointed out the sixteen dates they are reserving the park, noting the park cannot be used by another event. The City Manager said that in the past the Club has made public donations from the profits for items such as benches. Mayor Coy suggested allowing the reduction this time and then asking them to come before Council next year. Mr. Wolff suggested looking at an increase in park use fees. Mr. Neglia said maybe he would be in favor of letting it go for one more year. On MOTION by Mr. Paternoster and SECOND by Mr. Wolff, item G was approved as requested for this year, with the stipulation that they be notified of a rate increase for next year and notify the City earlier on a roll call vote of 5-0. 9. COMMITTEE REPORTS/RECOMMENDATIONS 07.102 A. Presentation by Don Wright, Chairman of Parks and Recreation Committee Re: 147-155 Proposed Dog Park (Information) 8:08 pm Don Wright recognized Jack and Carol Wilson. Mr. Wilson asked Dog Park committee members, Humane Society staff, and County and City canine officers, who had their dogs with them, to stand and be recognized. Mr. Wright then gave a presentation on a proposed dog park. He referred to the information provided in the agenda packet. Mr. Paternoster asked the City Attorney if the liability concern would be the same as any other park, and he responded that this slightly increases the City's risk. He then asked if the City would be responsible for situations that would arise from potential danger from aggressive dogs, physical injury from dog related hazards and lawsuits arising from dog fights. Mr. Stringer said it would be questionable, because the dog could not be unleashed until they have entered the park, rules could be established that no children be allowed without an adult, and as long as there are rules and signage and the City would limit exposure and liability. Mr. Paternoster asked Mr. Wright if in his research he has found that if a dog bites someone or another dog, is the liability with the dog owner or shared with the City. The City Attorney said one thing in the City's favor is that legislature has abolished joint and several liability laws whereby liability was shared. 5 Regular City Council Meeting May 9, 2007 Page Six Mr. Paternoster cited language on circle page 151, and asked what peer pressure is used at dog parks and Mr. Wright responded that dog owners get to know each other, individuals deal with aggressive dogs and encourage others to look after and pick up after dogs. Mr. Paternoster explained that while people may look out for others, he has received complaints about people not picking up after their dogs now in City parks and he doesn't want to see this happen. He asked Mr. Wright if he could show a demonstrated need for this park. Mr. Wright said he was responding as the Parks Committee chairman to the 2007/2008 capital improvement allocation by Council for this park. Mayor Coy pointed out Council put this in the budget and they have heard from people. Mr. Paternoster agreed but said this new information should be shared with the public and he would like to find out legal ramifications before going forward. Mayor Coy said she visited a dog park in Sanford, thanked the Recreation Committee, noted the Committee branched out to the public to ask for input, noting a group of concerned citizens actively researched this very hard and commented this is how it is supposed to happen in a community. She asked if anyone of the police officers would like to address Council. Mr. Paternoster explained the research has been done by interested people on the committee and asked if anyone knew how many dogs will use the park, what are the demographics of people who will use the park and has anyone asked citizens what they think about the proposed park. Sergeant Pat White, Sheriff's Office K-9 Unit, with his German Shepard talked about the park in Vero Beach and said the officers were all here to support this, said that people at these parks are not trouble makers, and that it is a good community project. Mr. Paternoster asked how much input Mr. Wright had from the public and Mr. Wright responded that twenty to twenty-five residents have showed up at the meetings and participated. Mr. Paternoster asked him if he knew how many dog owners there are in the City and how many would want a park. Mr. Wright said he did not know. Ms. Simchick said she thought this was a great idea, and if the City can button up liability the City could go forward. She asked the City Attorney if the City would reduce liability if the park had a membership and visitors signed a waiver. The City Attorney said the only thing that would reduce liability would be to lease it out to a group or otherwise provide no service. The City Attorney said the City currently has a $100,000 per person, and $200,000 per incident with a $10,000 deductible. Mayor Coy said the Sanford Park was very quiet, people were socializing, and it was a totally different atmosphere than what she expected. 6 Regular City Council Meeting May 9, 2007 Page Seven Mr. Neglia said the City has budgeted $20,000 and this plan has escalated from that number. He noted there is a park over the Barber bridge in Vero Beach and it is a large open area with no misting stations, though they have bags. He asked if this would be only for Sebastian residents or would anyone be able to use it. Mr. Wright said all the City would need to get this established is fencing and water, and the benefit of volunteers will keep numbers low. He said they don't expect the City to put everything in there on day one but rather see how it goes. Mr. Neglia asked how one can check to see if a dog is neutered and Mr. Wright said he would probably ask a local vet. Mr. Neglia said the City has not yet decided on a park area. Mr. Wright said he would like to identify what needs to be worked on and refine the proposal. Mayor Coy recommended this be scheduled as an agenda item for public input for the second meeting in June. The City Manager said he and the City Attorney will bring back the information requested. Mayor Coy asked Mr. Wright to bring back additional information as well. Mr. Paternoster asked that Mr. Wright have the Committee survey the public. Mr. Wolff said he was not given the chance to comment but will give his comments the next time. Mayor Coy called recess at 8:45 pm and reconvened the meeting at 9:04 p.m. All members were present. 10. PUBLIC HEARING 07.103 A. Resolution No. R-07-16 Rohm Commercial Subdivision Preliminary Plat 157-173 Quasi-Judicial Hearing (Growth Management Director Transmittal, R-07-16, Staff Report, P & Z Minutes, Application, fPreliminary Plat, Environmental Report and Tree Survey Under Separate Coverl) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR ROHM COMMERCIAL SUBDIVISION; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. Mayor Coy opened the hearing at 9:05 p.m. No members of City council members had ex-pane communications to disclose. The City Clerk swore in all those who intended to offer testimony. Joe Schulke, representing applicant GEC Florida, LLC presented the request for approval of the preliminary plat. He said in the twenty plus months since the application was 7 Regular City Council Meeting May 9, 2007 Page Eight submitted, they have gone through mitigation and other environmental permit approvals which are now in place, and the application has gone to Planning and Zoning with approval. The Growth Management Manager said this is a one lot subdivision, they have designed their stormwater system to accommodate the worst case scenario, the lake is a manmade borrow pit but has been there many years and is the reason they had to go through this type of 9:08 pm environmental permitting. She said Planning and Zoning recommended approval, and noted that there are a full set of plans and a smaller size set of plans before Council, but they are exactly the same. Mr. Neglia asked about County easements along 512 and whether the owner will have to give any of that up. Mr. Schulke said they will have to go to the County for aright-of-way permit. Mr. Neglia asked about moving of the pond and Mr. Schulke pointed them to a plan in the packet. Mr. Neglia said the retention pond looked small and Mr. Schulke said the new pond will have additional depth and that there are computations and analysis to show that the water will be accommodated. He asked if Mr. Schulke knew the owners' intentions as the type of business that will be there and Mr. Schulke said he did not. Mr. Paternoster asked about the front setback, which Mr. Schulke said is in accordance with code. Mr. Schulke said there will be an attempt to save trees other than exotics. Ms. Simchick said she would like to see more people come with all permits in place and thanked him. Mr. Wolff asked if off-site material will be brought in to the site, and if it would be Imokalee fine sand like what is there now. Mr. Schulke said he did not know, but his clients do have a relationship with Mr. Fischer and that may be the case. Mayor Coy clarified it has been twenty months or more to get this completed, and that they took care of the environmental permits before coming to Council and she thanked him. Mayor Coy opened the floor for anyone in favor of the request and there were none. Mayor Coy opened the floor for anyone opposing the request and there were none. Mr. Schulke pointed out conditions one, two and three will be submitted tomorrow if approval is obtained, and the rest of the conditions have been met or have been applied for. In closing he said Fischer & Sons has applied for the dewatering permit and SJRWMD and Army Corp permits have been received. Staff summarized their report and recommended approval. There was no additional input. Mayor Coy called for a motion. 8 Regular City Council Meeting May 9, 2007 Page Nine On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, Resolution No. R-07-16 was adopted on a roll call vote of 5-0. 07.104 B. Resolution No. R-07-18 -Site Approval for Sherwin Williams Paint Store in 175-200 Chesser's Gap PUD -Quasi-Judicial Hearing (Growth Management Transmittal, R-07-17, Staff Report, Traffic Impact Study Supplement, Application, PUD Conceptual, P & Z Minutes fSite Plan, Architectural Elevations and Floor Plan, Building Colors Under Separate Coverl) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SITE PLAN FOR THE SHERWIN WILLIAMS STORE WITHIN CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Mayor Coy opened the hearing at 9:27 p.m. No member of City council had ex-parte communication to disclose. The City Clerk swore in all those who intended to offer testimony. Joseph Schulke, representing the owner of a proposed Sherwin Williams store at Chesser's Gap, said a 6000 square foot commercial store is planned, utilizing existing driveways to the Exxon and the Elks Club. He stated there are no environmental issues on this site. The Zoning Technician said this site plan is before Council because this is a Planned Unit Development which was originally approved by Council, therefore this plat should also be reviewed by Council before a certificate of occupancy is issued. She recommended approval with two conditions set out by staff. Mr. Neglia said there is 73.4% impervious area and asked if this was because of its link with the Exxon station. Mr. Schulke said they met the code though it was tough to make it fit. Mr. Neglia asked what type of trucks would be delivering and Mr. Schulke said he actually did not know but doubted it would be tractor trailers. Mr. Schulke said he can't imagine there will be that much frequency of deliveries. The Zoning Tech said she had approvals from all agencies including the fire department. Mr. Paternoster asked about the setback from CR512 to the pavement. Mr. Schulke said there was an 11.8 feet from the road to the pavement. Mr. Paternoster than asked about the road edge to the front of the store which will be 77 feet. The Zoning Tech said she had access agreements from adjacent property owners and noted the access from the Exxon to the Elks will be widened. Mayor Coy opened the floor for anyone in favor of the request and there were none. Mayor Coy opened the floor for anyone opposing the request. 9 Regular City Council Meeting May 9, 2007 Page Ten Carolyn Corum said she was not opposed, but had questions. She asked about the parking spaces, and about shared parking to which the Zoning Tech said there would be no shared parking but shared access. Ms. Corum said delivery in front of a business is dangerous and the code should be changed. The Zoning Tech said the code requires deliveries to the rear for this particular size of commercial building. Mayor Coy closed the hearing at 9:45 pm. Staff recommended approval with the two conditions set out. Mr. Wolff said he wondered whether a 6,000 square foot building was rather large and found in comparison to the Vero Beach store, this establishment is smaller and echoed Ms. Corum's concerns for large pickups. He wished them luck. Mr. Paternoster asked Mr. Schulke if large orders would have to pick up at the rear. The Zoning Tech said Council can add that to its site plan approval. On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, Resolution No. R-07-16 was adopted with the conditions and the addition of the sign requiring large pickups to occur at the rear on a roll call vote of 5-0. 11. UNFINISHED BUSINESS 07.072 A. Resolution No. R-07-18 -Revised Meeting Procedures (City Clerk Transmittal, 201-206 R-07-18) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-05-26; ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL MEETINGS, WORKSHOPS AND QUASI-JUDICIAL HEARINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney said changes have been added as discussed by Council. On MOTION by Mr. Neglia, and SECOND by Mayor Coy, R-07-18 was adopted on a roll call of 5-0. 12. NEW BUSINESS 07.105 A. Discuss Draft Response Resolution to Fellsmere Resolution No. 07-H - Interlocal 207-225 Service Boundary Agreement (City Attorney Transmittal in Packet, Fellsmere Letter, Fellsmere Initiating Resolution, Map, FS 171.02 (Sebastian Responding Resolution to be Presented Under Separate Coverl) 10 Regular City Council Meeting May 9, 2007 Page Eleven The City Attorney explained this is a developing area and distributed the latest County draft agreement resolution which puts the entire County in for negotiation and lists every detail County leaders would like to discuss in exhibit C. (see attached) He went on to distribute and explain a draft Sebastian resolution responding that Sebastian will take part in the agreement, and in addition Sebastian wishes to discuss: 1. Annexation reservation areas and binding future boundary limits for the cities of Indian River County. 2. Planning, timing and financial responsibility for public infrastructure within the subject areas. 3. Planning, timing and financial responsibility for governmental services within the subject areas. 4. Interfacing and coordination of the projects in items 2 and 3 above across intergovernmental boundaries of both incorporated and unincorporated. 5. Land uses within the subject areas. He went on to explain a recommendation from the Vero Beach attorney which all of the entities agreed to bring to their Councils: a formal interlocal agreement to be processed within a month that no entity will change heights or densities outside the urban service area or annex any property for a year, it can be amended if every single government approved an exception by a supermajority and it can be extended for an additional year. He said the entities have agreed to have it done by the end of May except the City of Orchid which will agree in June. The City Attorney said this will not include the red zone in Fellsmere which would probably not be affected by a charter county either. The City Manager displayed the proposed annexations for Fellsmere on the overhead. The City Attorney said the County will reserve their right to challenge the Fellsmere red areas under Florida law. Mayor Coy reiterated that Sebastian does not have standing for a challenge. The City Attorney said entities did discuss, and hope, that if Fellsmere felt there was no pressure coming at them, they would slow down on processing the pending annexations and work more closel~ on the agreements. He said there are going to be meetings in Fellsmere on May 17t , on May 23rd and a joint meeting with the County on May 24'h and maybe Sebastian could be there to ask for slow down. Mr. Neglia asked for clarification that Fellsmere is willing to slow down to which the City Attorney said they did not give a definite answer. Mr. Neglia then asked for clarification on the submitted map. 11 Regular City Council Meeting May 9, 2007 Page Twelve Mr. Paternoster asked the City Manager to show the potential annexations for Fellsmere on'the overhead projector for the public, which he did. Mayor Coy said following the joint meeting in Fellsmere on Monday, she was given further information on other meetings that are scheduled because Fellsmere hopes to have the annexations done in June. She said she is discouraged because the City is reaching out in good faith, and if one looked at what can be done, even the county charter would not stop this rolling ball. She said the City needs to closely follow upcoming Fellsmere meetings to keep a presence. The City Attorney said Fellsmere kind of offered today that in the agreement they could only development the Joint Ventures through villages, not typical subdivisions and if Sebastian can get Fellsmere to slow down, Sebastian can find out Fellsmere's plan and impacts. He said Sebastian could give their opinion in a court brief but it wouldn't have standing in a battle; however during land use changes, Sebastian can show infrastructure isn't there and have a standing in a second round. 10:10 pm Mayor Coy said it is incumbent that all municipalities work together on this. The City Attorney said if all entities could get beyond how big Fellsmere wants to be, which is out of Sebastian hands, everyone could see what they are dealing with it and Fellsmere's plans may be good, but until then, Sebastian would like to see. Mr. Paternoster asked the City Attorney if he read the article in yesterday's paper stating charter government may be illegal and how would that affect Sebastian. The City Attorney explained there are two sets of court rulings (neither governing Sebastian) as to what can be done but no one has taken it to the state supreme court for governance throughout the state. He said the referendum issue probably won't stand. The City Attorney said Sebastian's stop gap resolution and agreement will be addressed at the next meeting. Ms. Simchick expressed concern for what took place at the Fellsmere meeting Monday night and said it is frightening to all of us. She said Sebastian really can't do much and by the charter being put on hold, Fellsmere has bought time to finish the red areas, and she asked if the interlocal agreement will stop the green areas. She asked the City Manager what will happen if the City wants to annex commercial areas after signing an agreement not to annex. The City Manager said the stop-gap agreement will stop at the green and Sebastian hopes to get into some reserve areas so Sebastian can expand and control as Council sees fit. He said the interlocal agreement will identify who will annex and who will control. The City Attorney said if Council is concerned for the next year, he and the City manager will need to know as soon as possible what land is wanted, noting that Sebastian won't 12 Regular City Council Meeting May 9, 2007 Page Thirteen change heights and densities until everything is worked out because other entities might get interested in the areas Sebastian would like to acquire. Ms. Simchick asked if it would be possible to bring back a map. Mayor Coy asked for something on the 23~d. The City Attorney advised to identify what areas Sebastian would like and let the other entities know as soon as possible. The City Manager pointed out possible areas on the overhead map. On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, the meeting was continued on a voice vote of 5-0. Mr. Wolff said the County is a transition, the older land barons have approached Fellsmere for annexation and it isn't going to happen tomorrow, and it will secure their family purse for years to come, and Fellsmere will receive a concession. He said it reminded him of the Music Man and Jason Nunemaker is telling them to annex and the jobs will come, and it is pie in the sky, noting Sebastian will be left holding the bag for services. He said it is quite curious that Sebastian goes from a community that is basically cautious against annexation and is now parceling up the county. He said he feels that Fellsmere isn't going to give Sebastian anything. Mayor Coy said Council needs to make a decision whether to direct the City Manager to carve out an area for Sebastian and at least show that Sebastian is interested in that development in the future. Mr. Paternoster suggested that the City Attorney and City Manager meet in the next two days to map it out and provide it to us. Mr. Neglia said Sebastian has to go forward but be careful. The City Attorney said the Graves property is a massive parcel and will be part of a master plan, but the Ansin 400 annexation may happen soon. Ms. Simchick said Fellsmere feels if there is a cap put on millage rate, these new lands will raise their tax base. Mr. Paternoster said they talked about connectivity, six laning of CR 512 which will have a tremendous impact on Sebastian. Ms. Simchick said the Graves parcel does connect to 74th Avenue which would be nice to have in Sebastian. Mr. Paternoster clarified that would be a major connector from Indiantown to Laconia Street. The City Manager said he will get a map to Council by the end of the week. Mayor Coy asked him to keep it in color. 13 Regular City Council Meeting May 9, 2007 Page Fourteen The next three items were carried to the next meeting. 07.071 B. First Reading of Ordinance No. 0-07-07 -Parks & Recreation Advisory 227-230 Modification of Committee Membership Composition -Set Public Hearing for June 13, 2007 (City Attorney Transmittal, 0-07-07) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE SECTIONS 2-212 AND 2-213 TO CHANGE THE SIZE AND COMPOSITION OF THE PARKS AND RECREATION ADVISORY COMMITTEE; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. 07.106 C. First Reading of Ordinance No. 0-07-08 -Charter Review Committee Meeting 231-235 Time -Set Public Hearing for June 13, 2007 (City Clerk Transmittal, 0-07-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, SECTIONS 2-231 AND 2-232 REGARDING MEETING TIMES AND PROCEDURES FOR THE CHARTER REVIEW COMMITTEE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. 06.076/ D. Shift Capital Project Funding from Barber Street Realignment in the Amount 07.107 $400,000 and 2007 Road Paving Program in the Amount of $112,571 to Easy 237-238 Street Renovation Project (Finance Transmittal) 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC For items that have occurred or were discovered within the previous six months and which are not otherwise on the agenda. Please give your name and address, and then give your remarks. Please try to limit your remarks to five minutes. 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS The City Manager explained the legislature did pass an additional $25,000 homestead exemption. He recommended Council not increase the exemption this year, because of pending state action on the property tax. The City Manager suggested a draft resolution be drawn up for the next meeting Council could decide then. 07.108 A. Report on Final Draft of Code Enforcement Guidelines (Final Guideline) 239-255 This item was carried to the May 23~d meeting. 16. CITY CLERK MATTERS None. 14 Regular City Council Meeting May 9, 2007 Page Fifteen 17. CITY COUNCIL MATTERS A. Council Member Simchick None. 04.217/07.109 B. Council Member Wolff Discuss Mooring Field Mr. Wolff asked if there was any interest in hearing a presentation by Captain Hiram's for a public/private mooring field. All members agreed to hear a presentation the first meeting in July. C. Mavor Coy Mayor Coy asked permission to send letter to Governor's office expressing support for the state budget line item of 1.6 million for the "By the River" assisted living facility. City Council supported her sending the letter. She also asked permission to present Ma with key to the City at the upcoming Kashi Ranch Celebration. All members agreed to a proclamation instead of a City key. D. Vice Mavor Neglia Mr. Neglia reported on phone calls expressing concern for people who have hurricane shutters and cannot put them up. He suggested a list of volunteers be started and kept at City Hall for people to use. The City Manager said he would check with Council on Aging to see what kind of services are available in that regard. ~~~/'~ ~ fr~:~~U 18. E. Council Member Paternoster Mr. Paternoster reminded the public that his May 22~d public forum will be held. He also requested a resolution be brought back naming the first field at Barber Street after Michael Abt. This item brought the meeting to a close at 11:02 p.m. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) Approved at the May 23rd, 2007 Regular City Council meeting. 1 Andrea Coy, Mayor ATT ST ~, ~ ~,~ ~~-- Sally A. M ' , MMC -City Clerk RESOLUTION R-07-*~ A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PURSUANT TO FS 171.203 RESPONDING TO THE INVITATION OF THE CITY OF FELLSMERE TO NEGOTIATE AN INTERLOCAL SERVICE BOUNDARY AGREEMENT WHEREAS, the City of Fellsmere adopted an initiating resolution pursuant to the Interlocal Service Boundary Agreement Act and invited the City of Sebastian, along with the other local government jurisdiction within Indian River County, to negotiate an agreement concerning annexation, land use, density and height of certain lands that could potentially request annexation into that City in the future; and WHEREAS, the City of Sebastian must adopt a responding resolution indicating its willingness to negotiate these issues, as well as indicating any other issues which it desires to negotiate, or be bound by the agreement resulting from the negotiations held by the other jurisdictions; and WHEREAS, there are issues which the City of Sebastian find to be vital to the well being of its citizens that should be subject of such negotiates; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: 1. The City Council of the City of Sebastian does intend to take part in the negotiations initiated by City of Fellsmere Resolution No. 07-H. 2. The City of Sebastian wishes to negotiate the additional issues set forth in Exhibit "A" attached hereto 3. Additional land areas that the City of Sebastian wishes to address in these negotiations are all parts of the unincorporated area of Indian River County not otherwise made subject to negotiation by the initiating resolution, as depicted in the map attached hereto as Exhibit "B" SO RESOLVED this 23`d day of May, 2007. The foregoing Resolution was moved for adoption by Councilmember .The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 23rd day of May, 2007. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Andrea Coy Sally A. Maio, MMC Approved as to form and legality for City Clerk reliance by the City of Sebastian only: Rich Stringer, City Attorney E~IIBIT "A" Issues to be Negotiated 1. annexation reservation areas and binding future boundary limits for the cities of Indian River County. 2. Planning, timing and financial responsibility for public infrastructure within the subject areas. 3. Planning, timing and financial responsibility for governmental services within the subject areas. 4. Interfacing and coordination of the projects in items 2 and 3 above across intergovernmental boundaries. 5. Land uses within the subject areas. Draft May 8, 2007 10:47:24 AM RESOLUTION NO. 2007- A RESPONDING RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, IDENTIFYING ADDITIONAL LAND AREAS AND DESIGNATING ADDITIONAL ISSUES FOR NEGOTIATION PURSUANT TO SECTION 171.203(2) OF THE INTERLOCAL SERVICE BOUNDARY AGREEMENT ACT CODIFIED AT FLORIDA STATUTES SECTION 171.20 ET. SEQ. WHEREAS, effective June 14, 2006, the Florida Legislature enacted the "Interlocal Service Boundary Agreement -Act," codified at Florida Statutes section 171.20 et seq. (the "Act") with the specific Legislative intent: to encourage local governments to jointly determine how to provide services to residents and property in the most efficient and effective manner while balancing the needs and desires of the community; to establish a more flexible process for adjusting municipal boundaries and to address a wider range of the effects of annexation; to encourage intergovernmental coordination in planning, service delivery, and boundary adjustments and to reduce intergovernmental conflicts and litigation between local governments; to promote sensible boundaries that reduce the costs of local governments, avoid duplicating local services, and increase political transparency and accountability; and to prevent inefficient service delivery and an insufficient tax base to support the delivery of those services; and WHEREAS, the Act provides a statutory framework for a county and the municipalities located therein to negotiate an Interlocal Service Boundary Agreement in accordance with the process set forth therein; and WHEREAS, the City of Fellsmere held a Special Council Meeting on April 12, 2007 to adopt Resolution 07-H, an "Initiating Resolution" under section 171.202(7) of the Act. Resolution 07-H was received by the County on April 18, 2007 and is attached to this Responding Resolution as Exhibit "A" and made a part hereof; and WHEREAS, the "Initiating Resolution" provides that the City of Fellsmere invited Indian River County, the Town of Indian River Shores, the Town of Orchid, the City of Sebastian, and the City of Vero Beach to negotiate an Interlocal Service Boundary Agreement; and WHEREAS, the Act provides that a Responding Resolution of an invited county must identify all additional areas and issues for inclusion into an Interlocal Service Boundary Agreement that are not otherwise set forth in the Initiating Resolution; and WHEREAS, on May 1, 2007, the Indian River County Board of County Commissioners as the invited county pursuant to the Act reviewed the Initiating Resolution and directed that this Responding Resolution be prepared; and 1 WHEREAS, Pursuant to Article VIII, Section 1 of the Florida Constitution, and Florida Statutes section 125.01, the Board of County Commissioners of Indian River County ("County") has all powers of local self-government to perform County functions and to provide and maintain standards to assist in ensuring the health, safety, and welfare of the citizens of Indian River County.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: A. Pursuant to section 171.203(2) of the Act, this Responding Resolution identifies additional unincorporated and incorporated areas, as set forth on the map attached hereto as Exhibit "B" and made a part hereof, for discussion, negotiation, and inclusion into the Interlocal Service Boundary Agreement. B. Pursuant to section 171.203(2) of the Act, the County hereby designates additional issues, as set forth on Exhibit "C" attached hereto and made a part hereof, for negotiation into the Interlocal Service Boundary Agreement. C. The areas on Exhibit "B" and the issues on Exhibit "C" are in addition to the areas and issues set forth in the Initiating Resolution. D. Pursuant to section 171.203(2)(a) of the Act, this Responding Resolution shall be sent by United States Certified Mail to the Chief Administrative Officer of the City of Fellsmere, as the initiating municipality, and to the Chief Administrative Officers of the City of Sebastian, the City of Vero Beach, the Town of Indian River Shores, and the Town of Orchid. This Resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Vice Chairman Sandra L. Bowden Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan 2 The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2007. Attest: J. K. Barton, Clerk COMMISSIONERS By INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY By Deputy Clerk Gary C. Wheeler, Chairman Approved as to form and legal sufficiency: By William G. Collins II, County Attorney 3 Exhibit "C" 1. Identify and delineate one or more municipal service areas within Indian River County. 2. Identify and delineate one or more unincorporated service areas within Indian River County. 3. Identify the local government(s) responsible for the delivery or funding of the following services within the respective municipal service areas or the unincorporated service areas as finally delineated in the Interlocal Service Boundary Agreement: public safety; fire; emergency rescue; medical; Indian River Gour,ty Emergency Services District; water; wastewater; solid waste disposal; road ownership, construction, and maintenance; conservation, parks, and recreation; and stormwater management and drainage. 4. Effect of the existing Community Redevelopment Agency within the current boundaries of the City of Fellsmere on all of Indian River County. 5. Effect of the existing Community Redevelopment Agency within the current boundaries of the City of Sebastian on all of Indian River County. 6. Transfer of development rights within certain areas within all of Indian River County. 7. Location of current and proposed commercial and industrial land use designations within all of Indian River County. 8. Affordable housing within all of Indian River County Title X. IMPACT FEES TABLE INSET: Ch. 1000. Ch. 1001. Ch. 1002. Ch. 1003. Ch. 1004. Ch. 1005. Ch. 1006. Ch. 1007. Ch. 1008. Ch. 1009. Ch. 1010. Ch. 1011. Ch. 1012 gPP•A ~Pp•B purpose and Intent, §§ 1000.01-1000.15 Definitions, §§ 1001.01-1001.03 mergency Services Facilities, §§ 1002.01-1002.04 Correctional Facilities, §§ 1003.01-1003.04 Public Buildings Development, §§ 1004.01-1001.04 Law Enforcement, §§ 1005.01-1005.04 Library Facilities, §§ 1006.01-1006.04 Solid Waste Facilities, §§ 1007.01-1007.04 Parks and Recreation Facilities, §§ 1008.01-1008.04 Public Education Facilities, Traffic Facilities and Fair Sha elRoadway Omp o~ements, §§ 1010.01--1010.05 Administrative Charges, §§ 1011.01--1011.04 Rules of Construction, §§ 1012.01-1012.03 Unincorporated Indian River County Impact Fee Schedule Indian River County Impact Fee Benefit Districts