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HomeMy WebLinkAbout07112007mvc~ Cam, ~ `.aYTL~ _ : _ _ HOME OF PELICAN !BLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 11, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. 5. 6 Mayor Coy called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was led by Council Member Simchick. There was a moment of silence. Council Member Simchick read the civility pledge: We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 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 in Chambers: Airport Director, Joe Griffin Police Chief, Jim Davis Public Works Director, Jerry Converse Public Works Assistant, Linda Kinchen MIS Systems Analyst, Barbara Brooke-Reese Staff Present at Dais: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda maybe added only upon a unanimous vote of City Council members Mayor Coy requested deletion of item 12D and the request was approved on a voice vote of 5-0. Ms. Simchick requested removal of item 7A on behalf of Hula Grill and the request was approved on a voice vote of 5-0. Regular City Council Meeting July 11, 2007 Page Two 7. ITEMS CARRIED FORWARD FROM JUNE 27, 2007 REGULAR MEETING 07.025 A. Resolution No. R-07-24 -Repealing Resolution No. R-97-27 Special Use Permit ~-3 806 Indian River Drive (City Attorney, R-07-24) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA RESCINDING RESOLUTION R-97-27 CONCERNING OUTDOOR SEATING AT 806 INDIAN RIVER DRIVE; PROVIDING FOR CONFLICT AND EFFECTIVE DATE. This item was deleted during agenda modifications. 07.124 B. Florida League of Cities Annual Conference (City Clerk Transmittal 6/20/07, FLC 5-7o Memo 6/8/087) i. Select Voting Delegate Mr. Paternoster nominated Mr. Neglia as the voting delegate and Ms. Simchick seconded the nomination and the appointment was approved on a voice vote of 5-0. ii. Submit Resolutions if Needed Ms. Simchick said she would be in favor of moving forward with the topic of the Florida League of Cities class suit action regarding making the ballot language regarding the homestead exemption issue more clear to voters. Mr. Neglia said this was discussed today at the Treasure Coast Council of Local Governments meeting and its chairman will bring it up at the FLC conference. 07.135 C. Joe Scozzari -Special OverlaYDistrict Regulations that Inhibit Commercial Development (no backup) Joe Scozzari, Sebastian, said Riverfront overlay district regulations make it difficult to open commercial property, citing his problems in trying to develop a property on the corner of US 1 and Main Street due to landscape requirements. He recommended directing the City Manager to talk to the tree committee to make changes to make it easier for small business owners. 07.136 D. Damien Gilliams i. Marina Proposal (no backup) Mr. Gilliams said the Hula Grill property adjacent to the Yacht Club will become available after this meeting and said the City might be interested in purchasing it, noting the price will be very reasonable. Mr. Gilliams said he offered a boat slip at his property at no charge to Officer Tom Poore to help with patrolling the Yacht Club ramp. 2 Regular City Council Meeting July 11, 2007 Page Three 07.137 ii. Donation (no backup) Mr. Gilliams presented the City Council with a City logo sign he purchased on behalf of one of his businesses for the Council Chambers. Mr. Gilliams began to address other issues, however, Mayor Coy reminded him that this is items carried forward and he could address other new business at the end of this meeting. E. CITY COUNCIL MATTERS i. Mayor Coy Mayor Coy reminded the public that Indian River Community College is coming to the old Schoolhouse building in August. ii. Mr. Neglia a. Public Ing_ut Time Limit (added) Mr. Neglia said he would rather discuss this on July 28tH Other Matters Mr. Neglia suggested the only way we can keep the mowing at the current schedule and take care of other stormwater issues is to possibly assess another $2 per month per homeowner. It was the consensus of Council to place this on a future agenda. The City Manager noted that if Council were to do this the County Tax Collector would need to be notified by mid-September. Mayor Coy requested an update from the City Manager by the next meeting. Mr. Neglia thanked Mr. Gilliams for his offer of a slip, but stated that Officer Poore would prefer to dock at the recently purchased Boudrot dock and asked the City Manager to notify Officer Poore that he can dock there. He said he wants to put signs on that lot to keep people from parking there. iii. Council Member Paternoster Mr. Paternoster reported he had cancelled his July and August public forums; and asked for the projected time line for finger docks at the Yacht Club and the City Manager said he will get back to Council on this. Regular City Council Meeting July 11, 2007 Page Four 07.140 iv. Council Member Simchick Ms. Simchick reported on the Beach and Shore Preservation meeting, noting that Wabasso Beach improvements are due to be done by Christmas. She also reported that the County bus schedule will be listed on Comcast Channel 25. 11-17 a. Affordable Housing (E-Mail, IRC Agenda Packet Pages) Ms. Simchick said she requested this item to jump start a conversation with Council, described County plan for affordable housing, and suggested having the City Manager look into the issue and place it on a future agenda. The City Manager said we can start looking at this and have Growth Management talk to some folks and look at it as a long term goal and maybe talk about it at the retreat. Mr. Paternoster said he has attended symposiums on affordable housing and can provide materials, suggesting maybe we can work with the County. Mayor Coy agreed we can look at this during the retreat as a potential long term goal. v. Council Member Wolff Mr. Wolff thanked everyone in Community who participated in 4th of July event, fireworks spectacular 8. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 07.141 A. Certificates to Public Works Staff for Renovation of Yacht Club Mayor Coy presented certificates of appreciation to Gary Allen, Doug Buerger, Sylvia Clark, Ted Creller, Bucky Gerber, Dave Griffin, Chris Hiler, John Lubczynski, Fred Luhrs, Bob Managarell, Rob Robinson, Tim Sweeney, John Tenerowicz and Wanda Webb for their renovation of the Yacht Club. Mr. Paternoster said not only does Council thank them for the Yacht Club but for the work they do every day. 4 Regular City Council Meeting July 11, 2007 Page Five 07.061 B. Boys and Girls Club Presentation by Ronnie Hewett and Youth of the Year Joe Smith Ronnie Hewitt, introduced Joe Smith, sophomore at SRHS, 2007 Boys and Girls Club Youth of the Year. Joe Smith, addressed City Council on the positive effects of being involved with the Boys and Girls Club. Mr. Hewitt introduced Joe's mother and Sebastian Boys and Girls Club Director, Alex Suez. He then gave an update on positive attributes of the Boys and Girls Club membership and said the Club is interested in building a covered outdoor basketball court, and asked City people to consider working with them on this. He said they are always seeking volunteers. Ms. Simchick congratulated Mr. Smith on his Youth of the Year title. Mr. Hewitt gave the number 388-0904 for anyone interested in volunteering. 19-22 23-39 07.142 41-53 9. 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. A. Approval of Minutes -June 20, 2007 Special Meeting B. Approval of Minutes -June 27, 2007 Regular Meeting C. Resolution No. R-07-27 - No Child Left Behind (School Board Letter, Reference Guide, R-07-27) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, URGING CONGRESSMAN DAVE WELDON TO FULLY SUPPORT AND CO-SPONSOR H.R.648 RELATING TO THE NO CHILD LEFT BEHIND ACT OF 2001. 07.143 55-58 07.019 59-62 D. Mayor's Attendance to Strategic Planning Program Sponsored by the Indian River County Chamber of Commerce (City Clerk Transmittal, Letter, Form) E. Reschedule Public Hearing of Ordinance No. 0-07-10 -Senior Homestead Exemption to Replace Emergency Ordinance No. 0-07-09 for July 25, 2007 (City Clerk Transmittal, 0-07-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING EMERGENCY ORDINANCE NO. 0-07-09; AMENDING CITY CODE SECTION 2-121 TO INCREASE SENIOR HOMESTEAD EXEMPTION AND PROVIDING FOR APPLICABILITY, SEVERABILITY AND EFFECTIVE DATE. Regular City Council Meeting July 11, 2007 Page Six 07.115 F. Reschedule Public Hearing of Ordinance No. 0-07-12 -Cemetery -Definition of 63-ss Proof of Residency for July 25, 2007 (City Clerk Transmittal, 0-07-12) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 34-11 OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO CEMETERY SITE PRICES AND ADDING A PROVISION TO CLARIFY A SEPARATE FEE FOR SEBASTIAN RESIDENTS AND PROOF THEREOF; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Wolff removed item C. MOTION by Ms. Simchick and SECOND by Mr. Neglia, to approve all items except item C. Roll call vote result was as follows: Ayes: Simchick, Wolff, Coy, Neglia, and Paternoster Nays: None Passed Item C - No Child Left Behind Resolution Mr. Wolff listed his concerns with the No Child Left Behind issue and said he thought it was too in-depth, needs more research, he did not agree with some of the principles, it contains politically correct rhetoric and thought it not proper for Council to be endorsing it. Each member of Council offered input. Mr. Gilliams requested to speak, Mayor Coy asked the City Attorney if it was required to hear input, and the City Attorney said it was discretionary. Mr. Gilliams approached the podium and Mayor Coy said she did not call on him and asked him to take his seat. Mr. Gilliam said the City's policy allows him to speak. No one challenged the Mayor's decision. MOTION by Mr .Neglia, and SECOND by Ms. Simchick, to approve Resolution No. R-07-27. Roll call vote result was as follows: Ayes: Coy, Neglia, and Simchick Nays: Wolff, Paternoster Passed 6 Regular City Council Meeting July 11, 2007 Page Seven 10. COMMITTEE REPORTS/RECOMMENDATIONS 07.012 A. Construction Board 67-75 City Clerk Transmittal, Code, Application, Ad, List) i. Fill one Regular Member, Electrical Contractor Position City Council briefly interviewed applicant and current alternate member Mr. Bulla. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to appoint Mr. Bulla to the vacant member seat on the Construction Board passed on a voice vote of 5-0. 07.057 B. Natural Resources Board 77 (City Clerk Transmittal) i. Confirm Membership and Status of Existing Members The City Clerk recommended staggered expiration dates based on members' original dates of appointment to their respective committees and adding three years. (see list attached). MOTION by Mr. Neglia and SECOND by Mr. Wolff to accept the existing members with their existing status to the Natural Resources Board with staggered retirement dates passed on a voice vote of 5-0. Mayor Coy called recess at 8:12 p.m. and reconvened the meeting at 8:25 p.m. All members were present. 11. PUBLIC HEARING -none 12. UNFINISHED BUSINESS -none 13. NEW BUSINESS 07.144 A. Approve Revised/Updated Lease with New Cingular Wireless PCS, LLC (City 79-84 Manager Transmittal, Agreement, Survey) The City Manager responded to questions from Council as to the Cingular lease extension to a 48 year term, the $27,250 payment and the existing contract. He said he sees this as a good public service. Damien Gilliams objected and said it should be put out to bid. Ms. Simchick noted the existing contract is until 2025 so it could not go out to bid. Mr. Wolff noted that Cingular is now AT&T. 7 Regular City Council Meeting July 11, 2007 Page Eight The City Manager said if Council does not continue the lease, the City does not get the $27,000 nor will Cingular install the generator, and they do have an out clause in their existing agreement. MOTION by Mr. Neglia, and SECOND by Mr. Wolff, to approve the amended lease. Roll call vote result was as follows: Ayes: Coy, Neglia, Simchick, Paternoster, Wolff Nays: None Passed 07.145 B. Conlon Mowing - $45 230 Additional Funding (Public Works Transmittal, 85-89 Spreadsheets, Map) The City Manager briefly reiterated his recommendation as set out in the agenda packet. Damien Gitliams, 1623 US 1, Sebastian, said if this was properly bid Council wouldn't have to keep doing this. Louise Kautenberg, Sebastian, said ditches and swales have never looked as they do now, and if the City asks Conlon to do more the City should pay more. Joe Scozzari said the City Manager did state there was going to be more funds spent. Todd Klitinic, said Conlon was doing a good job, and recommended the City should do ditches four times a year. John Conlon described the process and the addition of Nebraska Circle. He said if the funds can be found the City should do four cuts next year. In response to Mr. Neglia, he said he could not go back from four to three cuts, but there could be negotiations to reduce the price after the contract ends since the cutting is getting easier. Mr. Paternoster said they are doing a great job, asked if a triangle can be put on the mowers for safety, and Mr. Conlon said the triangle and a flashing yellow light will be installed. He noted all mowers have roll bars. Mr. Wolff asked Mr. Conlon how he measures the area, and Mr. Conlon explained he uses a wheel to measure square footage and that his calculations are checked by the City. Regular City Council Meeting July 11, 2007 Page Nine 8:54 pm Mr. Wolff said when the contract is up, the City needs to put all of the expenses down on one piece of paper and see what it is going to cost going forward, put it out to bid and find out if the City is getting a bargain or maybe there is a cheaper way to do it. The City Manager said he believes all the ditches have been identified and cleared. MOTION by Mr. Neglia and SECOND by Mr. Paternoster to appropriate $45,230 from Stormwater reserve funds and increase the Conlon contract by this amount. Roll call vote result was as follows: Ayes: Neglia, Simchick, Paternoster, Wolff, Coy Nays: None Passed 07.146 C. Approve $135 985 to Lanzo Pipe Lining Services for Stonecrop/Airport Drive 91-131 East Repair~Public Works Transmittal, Contract, Estimate) Mr. Wolff asked how the City becomes aware of piggyback bids. The City Manager said sometimes the contractor advises us, and noted the other City may already have gone through the bidding process. He said Tampa did go through the procurement process and bidding. The City Attorney said there is a list on-line that provides contracts, and if a project is on the list it was competitively bid. Mr. Neglia asked about any extras we might have to pay and cost for traffic control and pipe cleaning. Mr. Paternoster asked when the City first noted the Airport Drive pipe was in disrepair, and the City Manager said approximately four weeks ago when the City got to the east side of the Twin Ditches project. The Public Works Director described the project process. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve the Stonecrop pipe rehabilitation piggyback project from the City of Tampa with expenditure required of $135,985 also to include Airport Drive. Roll call vote result was as follows: Ayes: Paternoster, Wolff, Coy, Neglia, Simchick Nays: None Passed 9 Regular City Council Meeting July 11, 2007 Page Ten 07.147 D. Airport Lease Approval -West One Development, Inc. (backup previously provided under separate cover) This item was removed during agenda modifications. 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 asked if Council would take a vote to waive the overlay district landscaping requirements for 1301 U.S. 1 and waive the $350 fee to submit his application to Planning and Zoning. There was a lengthy discussion, assurance by Mr. Scozzari that he has a letter of intent and tentative lease from property owner, Richard Scott; input from the City Manager as to the odd shaped lot and previous site plan on file which was for a different type of use; input from the City Attorney that only Planning and Zoning (P & Z) could waive the requirements but Council could waive the application fee. The City Manager said before Council considers granting variances not to follow the land development regulations, they need to consider the precedent it may be setting in the overlay district. Mr. Scozzari said the precedent had been set by the previous owner. Mayor Coy warned Mr. Scozzari this is not a debate, he told her not to point at him and to be civil. She asked him to have a seat. The City Attorney said in the normal course of a request for a waiver, the City would ask for an authorization from the owner, would have to have a site plan, particularly when there are different uses, then go to P & Z and the request would not even come to Council; that he is simply asking for a waiver of the fee. Mr. Scozzari thanked Council and gave the heil sign to Mayor Coy and she asked the Police Chief to escort Mr. Scozzari out of the meeting. Mr. Scozzari made an obscene gesture toward the Council and the Mayor said she wanted to discuss this. Mr. Scozzari left the meeting at this time. Damien Gilliams read directions under Consent Agenda and under procedures Resolution R-07-24, which allows a person to raise his hand to be heard, and the City Attorney said he planned to address this under City Attorney Matters. Damien Gilliams said this Council requested funding for Kashi Ranch in the amount of $1.6 million and asked why Council is not asking for funding for our local churches. 10 Regular City Council Meeting July 11, 2007 Page Eleven Mayor Coy said when another church builds an assisted living facility she will do the same. Mr. Gilliams asked if anyone has started a citizens academy; said he didn't think there 9:29 pm was proper notice to builders when the City increased permit fees and it should be reconsidered; said the Council should conduct its retreat in Council Chambers and broadcast to have transparency; discussed his evaluation of the City Attorney. Ms. Simchick noted that the evaluation is an internal matter and not public. Mr. Gilliams said he hoped Mayor Coy would refrain her collection for the Kroegel statue during veterans celebrations and Mayor Coy corrected him noting the collection was for the Purple Heart Veterans memorial; said the City Attorney and Growth Management Director had no business imposing site plan conditions on the previous lessee of the Richard Scott property because the Yacht Club does not follow City codes; in regard to the economic plan -Channel 25 should show previous presentations developed for the City; recommended a technology and research development authority; under presentations on agendas Council voted to name buildings for people in the community, he suggests raising capital by putting corporate names on buildings; stated Melbourne is building a garage in its CRA district; Vero Beach changed to back out parking; and closed by stating the delegation received funding and asked what Sebastian received. Todd Klitinic thanked City Council for the Natural Resources Board, thanked Ms. Simchick for nominating him to the Board, and said it was the first time in months the public has been allowed to speak and asked if Council would consider moving this up. Mayor Coy asked the Clerk if this was a true statement and the Clerk replied she would have to review the record. 16. CITY ATTORNEY MATTERS The City Attorney stated the three times public input is permitted are: oral presentations under public hearings, Introduction of New Business from the Public and input on agenda items and every thing else is discretionary to the flow of the meeting. He also read the consent agenda procedure and said recognition is discretionary which follows Robert's Rule of Order. Mayor Coy suggested addressing this at the retreat. He said the Police Department's basketball court was removed during the City Hall expansion and a few employees have asked for it to be replaced; said Nebraska Circle was initially part of the canal system but now it is dry and different from the other ditches; He explained within the non-conforming use section, it says a business cannot expand unless it lessens the non-conformity. He suggested adding that if there is ancillary use that does not increase the non-conformities such as electrifying the dock at the Hula Grill but not needing additional parking and the situation at the Firehouse Garage, that perhaps the code can be changed to provide a possible solution for both businesses; stated the local governments 11 Regular City Council Meeting July 11, 2007 Page Twelve are ready to bring in the policy makers to form ideas to address where the County should go. He said the City does not have standing under the annexation statute to challenge Fellsmere, but there is an arguable approach that may be filed by next Friday, July 20th so that a member should call a special meeting next week. He cautioned that it is not the best policy decision and not a "slam dunk." In response to Ms. Simchick, the City Attorney explained the City would have standing if the annexation order which is a development order is in conflict with Fellsmere's Comprehensive Land Use Plan (CLUP). He further said the City, in interlocal negotiations included the big annexations in their concerns as did the other governments, but Fellsmere didn't so this could be challenged as non-good faith negotiations. He again cautioned there is no legal guidance from the courts on this type of challenge. He said if the court found in favor of the City, the annexation ordinances would go away and Fellsmere could amend their CLUP plan. He offered to bring back a memo to Council outlining the possible challenge by Friday. 17. CITY MANAGER MATTERS The City Manager requested an executive session at 6:00 pm on July 18~' to discuss PBA negotiations which he reported has started very well. He stated he would like to continue to put Council matters first on agendas as was done tonight. Mr. Neglia said the only negative about putting Council first is that Council will not able to address issues that come up during the meeting. The City Manager offered to keep Council matters at the end until it is discussed at the retreat. 18. CITY CLERK MATTERS The City Clerk asked when and where the retreat would take place. The City Manager said it is scheduled for Saturday, July 28th at 9:00 am at the Yacht Club. It was determined that the retreat would be tape recorded and have light. minutes. She reminded Council that the Florida League of Cities registration closes July 27th and to let the Deputy Clerk know if they would like to attend. Mayor Coy clarified that she was collecting monies on Veterans' Day for the Purple Heart memorial and she let Mr. Gilliams know he may still make a donation for the memorial. 19. Being no further business, Mayor Coy adjourned the Regular Meeting at 10:13 p.m. Approved the July 2 h 2007 Regular City Council meeting. ndrea Coy - ayor ATTES ~ ~~y ~ _ Sally A. Maio MC -City Clerk 12 r~ - ~~ - 7~.~/O ~ ~~ - ~~~8 f2 /~ar,,t~ U~~- 7~ivo9