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HomeMy WebLinkAbout01232008CRY QF 1 ~~,~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 23, 2008 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the Regular Meeting to order at 8:15 p.m. The Community Redevelopment Agency meeting held prior to this meeting did not adjourn until 8:00 p.m. 2. The Pledge of Allegiance was led by Council Member Simchick. 3. There was a moment of silence. 4. 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. 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: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin City Engineer, David Fisher Police Chief, Jim Davis Police Lieutenant, Michelle Morris Police Lieutenant, Greg Witt Regular City Council Meeting January 23, 2008 Page Two 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mr. Paternoster noted the addition of item D on the consent agenda for an additional day for the Rotary Club Home Show at Riverview Park. Mayor Coy noted this was added before the packet went out on Friday. Voice vote of 5-0 officially added the item. 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. A. Recoanition of the Passina of Cora Sembler Sadler 1911-2008 Mayor Coy read a brief tribute to Cora Sembler Sadler, whose family moved to Sebastian in the early 1900's and who contributed to the written history of Sebastian, "Tales of Sebastian", when she served as President of the Sebastian River Area Historical Society. Brief Announcements Ms. Simchick announced the Sebastian River Area Historical Society open house/ membership drive and antique auto show at the old schoolhouse on February 2, 2008. Mr. Wolff announced a program to dispose of electronic equipment which will be held at the Indian River Mall parking lot on January 26, 2008 from 9 am to 3 pm. Mayor Coy announced the joint School Concurrency workshop meeting of all Indian River County Commission, School Board and municipalities on January 31, 2008 at 2 pm at Indian River Community College Mueller Center. The Clerk noted the agenda backup will be posted on the City website. Mayor Coy announced the Sebastian Property Owners Association open house to introduce the new Sebastian River Medical Center CEO on February 4, 2008 at 7 pm. Mayor Coy announced that Katie Nall with Indian River Community College has announced that there are 274 registrations for the current semester of classes in the old schoolhouse and that other classes will start mid-semester. She said Ms. Nall can be reached at 226-2525 for further information. Mayor Coy noted her a-mail address has changed from earthlink.net to bellsouth.net but she prefers to speak to people and they can reach her at 388-0961. She said early voting has been a success and will continue through this Saturday in the old schoolhouse. Mr. Neglia thanked Mr. Wolff and reported further on the KIRB sponsored recycling of electronic equipment at the Indian River Mall parking lot near Macy's noting no microwaves or smoke detectors will be taken. 2 Regular City Council Meeting January 23, 2008 Page Three Mr. Neglia reported on the Emergency Services District Advisory Committee meeting, noting that station #9 on US 1 will be moving to Roseland Road, that the Barber Street station may get an Advanced Life Support truck, that 911 is doing well in Sebastian, that they may tear down the old US 1 station when the new station is done, and possibly talk to the City of Sebastian about the use of the land. He reported on the Treasure Coast League of Cities meeting at which mining issues were discussed and concerns expressed. 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. 3-14 A. Approval of Minutes - 1/9/08 Regular Meeting 08.008 B. William and Mary Ingui - 626 Layport Drive -Deed to City- Reimbursement of 15-19 $792.39 and Adopt Resolution No. R-08-202 Repealing Vacation of Easement R-98-20 (City Attorney Transmittal, Deed, R-08-02) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, RESCINDING RESOLUTION R-98-20; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 08.009 C. Authorize the Purchase of Five Crown Victoria Vehicles from Duvall Ford in the 21-33 Amount of $127,740 and Five Chevrolet Trailblazers from Alan Jay Automotive Network in the Amount of $143,792 -Both Purchases to be Made Under Florida Sheriff's Association State Contract #07-15-0827 (PD Transmittal, Bid Info) D. Riverview Park Use Request -Rotary Home Show -Additional Day -Sunday, March 30, 2008 (City Manager Transmittal 1/18) Mr. Paternoster removed item A for a resident. MOTION by Ms. Simchick and SECOND by Mr. Neglia to approve items B, C and D of the consent agenda. Roll call vote was as follows: Ayes: All Nays: None Passed 5-0 Mr. Paternoster cited circle page ten of the packet and called Chuck Lever to the podium. Mr. Lever corrected his input on page as follows: "I had watched the County meeting and they asked the question about Old Dixie Highway and what we were going to do with Old Dixie Highway." Regular City Council Meeting January 23, 2008 Page Four MOTION by Ms. Simchick and SECOND by Mr. Paternoster to amend the minutes. Voice Vote on the motion carried 5-0. 9. COMMITTEE REPORTS ~ APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. None. 10. PUBLIC HEARINGS -None 11. UNFINISHED BUSINESS 08.010 A. Collier Creek Canal Project Update (City Manager Transmittal, Previous 35-39 U dates The City Manager sought guidance from Council regarding the potential of advertising an RFP for seawalls for the Collier Creek Canal project. He said staff had been approached after the rip rap proposals had come in by an individual who said that walls could be done for an affordable cost. He said there would be a need for additional engineering costs for engineers CDM in an approximate amount of $5900 to prepare the specifications and $7300 for them to respond to questions from firms preparing proposals. He requested approval to have the RFP prepared, obtain proposals and bring back a report to Council comparing numbers for the wall and rip rap proposals in mid March. He said there may be need for approximately $15,000 more in engineering costs to review the engineering plans submitted for a possible cost of $30,000 for additional engineering. He stated that material being considered is vinyl composite to be placed in front of the existing asbestos walls and capped. Public Input Mr. Gilliams, 1623 US 1, said he told Council to go with vinyl walls previously William Thompson, Wimbrow Drive, Sebastian, said walls will save money in the long run because they will require no maintenance. Dean Quick, Layport Drive, Sebastian, asked if the new seawalls will go deeper into the ground to prevent washout. The City Manager said he would address these concerns after input. Brad White, Easy Street, Sebastian, questioned if rip rap was considered best for the environment, why are we going to seawalls which was considered least environmentally friendly. Bob Audette, Wimbrow Drive, Sebastian, thanked the City Manager and asked if the bird mitigation costs for Hardee have been broken out which would not have to be accomplished if we go with seawalls. He noted that the surface area mitigation concern 4 Regular City Council Meeting January 23, 2008 Page Four was not properly answered by CDM and will come up again. He asked if the canal is at a lower level will there need to be new calculations done. Samuel Spear, 518 Layport Drive, Sebastian, said water standing between his and Mr. Quick's yard needs to be looked at. William Thompson, said walls were considered the best environmentally. Brenda Terry, 561 Barber Street, said she preferred walls which take less property and rocks are dangerous. Bob Harkins, 662 Layport Drive, said he was in favor of walls. The City Manager said it was intended to build walls high enough to entomb the existing walls and specs will address water getting behind the walls. He said the method ranking was as follows: #1 Florida natural -grass and weeds; #2 walls; #3 rip rap; and #4 grass. He said the canal is actually at a higher level of 15.5 feet at present rather than its natural level of 14.7 feet, briefly mentioned that assessments may have to be discussed again, and that no promises are being made tonight. In response to questions from Council, the City Manager reiterated the intent was to entomb the walls and go deep enough into the canal so as not to cause a backwash and trash issue; ensured that we will make sure we are building something that will not fall apart and is safe; said that numbers need to be in reach when a concern was expressed about using up DST funds; and discussed the fact that spoils will still be an issue but we may have found areas so we may not need to use Hardee Park. He then recommended approval for staff to move forward to prepare specs and request RFPs for walls. As to assessments, he was asked to try to negotiate something that won't require them. MOTION by Mr. Neglia and SECOND by Mr. Paternoster to have the City Manager and City Engineer to go ahead and come back with some RFPs and get own with the project. Roll call vote was as follows: Ayes: All Nays: None Passed 5-0 Mayor Coy called recess from 9:30 pm to 9:45 pm. All members were present 08.011 B. Staff Report on Possible South Prong and River Pollution Within City Due to 4~-52 Proposed Wild Turkey Rock Mining -Requested at 12/12/07 Meeting (City Manager Transmittal, GMD Report, IRC SDD Letter) Harvey Wheeler, Seahouse Street, Sebastian, and member of Natural Resources Report gave a brief report on the committee's view that there is a risk of a negative environmental impact to the City of Sebastian with mining, and the committee hopes the Council will speak through the committee in opposing the Wild Turkey Mine project. 5 Regular City Council Meeting January 23, 2008 Page Six He said there was no mention of contaminants included in Wild Turkey's report which will expose the aquifer to contamination, discussed a court case for mining projects in Miami-Dade which cites benzene contamination, expressed concern for stormwater runoff risk, subsurface water table risk, drop in water table, and soils contamination. He asked that any materials received by staff or Council be shared with the Natural Resources Board. He said the risk to the environment from this project is too great, that he knows road material has to come from somewhere but not from where the aquifer will be compromised. Donna Keyes, US 1, Sebastian, and member of Indian River County Planning and Zoning, said her committee will meet tomorrow night in Vero Beach and she would be interested in seeing the information he presented regarding benzene. In response to Council, she said the State has formed a task force to address mining issues and their report will be presented to the Governor on February 1, 2008. Virginia Koerner, Chairperson of Natural Resources Board, further cited the Miami-Dade case and encouraged Council to read it. She stated benzene comes from trucks and equipment as well as explosives. She encouraged Council to read the document, which is also in Laserfiche on the City's website, and stated seven of 15 mines in Miami-Dade had to be closed. Russell Hermann, Friends of the Sebastian River, expressed concern for impacts of the Wild Turkey mine to the canal and St. Sebastian River. Mr. Wheeler, in response to Council Member Wolff, said to get coquina out of the six to eight foot level below ground that it is located, you insert blast holes and then reach in with equipment or chemical fractures can be made. Mr. Wolff said there are too many potential negative impacts for him to support the mine. Ms. Keyes said she will not know what direction the IRC P & Z will be taking until the meeting, that she is anxious to hear more information but will know better after tomorrow night who she can speak to under the Sunshine Law. She said the IRC mining moratorium is six months and the State caps such a moratorium at 12 months. Mayor Coy said she asked Commissioner Wheeler what the City Council can do at this point and he said he was confident there will be substantial changes made to the County code and did not ask the City to anything at this time. Ms. Keyes noted that 26 counties in Florida are currently dealing with mining issues. Mayor Coy asked Mr. Wheeler if his was a written report and he said he worked from an outline. She advised we watch what the State tells us, and perhaps a letter could be sent stating we would not support the mine, but then said maybe we could keep this open-ended until we see what the County comes up with and the State has to say. She said we need to start monitoring the south prong of the St. Sebastian River. 6 Regular City Council Meeting January 23, 2008 Page Seven Mr. Neglia read from the Growth Management report, said Indian River County is on top of it and we can make sure Council gets updated information. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to extend the meeting to 11 pm. Voice vote on the motion carried 5-0. Mr. Paternoster said Joe Paladin had said that blasting was not allowed in the subject area and he would like someone to check into this with the County. He said the issue is in the capable hands of the County and we should wait for the February 1St Task Force report and lend the County support. Ms. Simchick said she would have liked to have been notified of this application by the County, staff did a good job of answering her questions, and she was impressed with NRB, agreed with base line monitoring and would like to see IRC do monitoring of the canal. She asked the City Manager for statistics on water monitoring the City is doing as reported by Marge Reynolds. She recommended directing NRB to have this as a project, keep it ongoing on its agendas, and coordinate with staff. The City Manager said it is a good thing to use NRB to represent the City of Sebastian on this, but also said Council needs to clarify that it is a unified front on this issue and its voice should be heard as one. He said using NRB will free up staff and you have willing volunteers. Ms. Koerner requested that the large Miami-Dade case be copied to each member of the committee and it was the consensus of Council to have staff do so. MOTION by Ms. Simchick and SECOND by Mr. Wolff to select the Natural Resources Board monitor, update, report back to us further information on the application for coquina rock mining in Indian River County. Mr. Neglia asked to add "with the assistance of Growth Management" and Mayor Coy added the "Environmental Specialist" and Mr. Paternoster added "including the 178 page Miami/Dade report." Roll call vote was as follows: Ayes: All Nays: None Passed 5-0 It was the consensus of Council to wait for more information before they express concerns to Indian River County. 12. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. 7 Regular City Council Meeting January 23, 2008 Page Eight Damien Gilliams, 1623 US 1, said we need a citizens academy, spoke about the vacant building where the Indian River College used to hold classes and said we are subsidizing the Mayor's college. He remarked, "rah, rah, rah," and the Mayor gave him a second warning. (Mr. Gilliams first warning happened at the preceding Community Redevelopment Agency meeting.) Mr. Gilliams thanked City Manager for coming to his property, asked Mr. Wolff to continue to look into the T-line at the airport, noted the Main Street project is more than $1.9 million, asked to put checks on website, said the City should listen to people in regard to Collier Creek, asked why the City didn't bid out the bank holding the $2 million from the State Board of Administration, talked about DST money. Todd Klitenic, Barber Street, Sebastian, asked why the ditches were being cut in January when two members of Council recommended against cutting outside of the growing season. In response to Mr. Paternoster, the City Manager said he would provide Conlon's schedule to City Council members. 13. NEW BUSINESS 08.013 A. Sebastian River High School Student Presentation -Crime and Drug Use PreVentlon (backup previously given) Mayor Coy said the students left due to the length of the meeting, and she had told them they would be up first on February 13, 2008. 08.014 B. Set Bi-Annual Goals and Objectives for City Manager, City Attorney and City Clerk 53 As Required by Resolution R-07-31 (City Clerk Transmittal) MOTION by Mr. Wolff and SECOND by Mr. Paternoster this item was moved to February 13, 2008. The City Clerk requested that her goals and objectives be moved to February 27th since she would not be in attendance on February 13tH Voice vote on the motion carried 5-0. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to move City Clerk goals and objectives to February 27, 2008. Voice vote on the motion carried 5-0. 14. CITY ATTORNEY MATTERS The City Attorney said he would forward a memo to Council outlining the projects he is working on. He wished Council Member Simchick a happy birthday. Regular City Council Meeting January 23, 2008 Page Nine 15. CITY MANAGER MATTERS None. 16. CITY CLERK MATTERS The City Clerk again noted she would be out of town and not present for the February 13, 2008 meeting. 17. CITY COUNCIL MATTERS A. Mr. Paternoster Mr. Paternoster asked the City Manger about the Public Works flatbed and boat not in use mentioned at the last meeting. The City Manager said he did not have any new information. The City Manager updated Council on T-1 line, that it will stream but not live, it needs a server upgrade with additional costs for live broadcast on computer. The City Attorney updated Council on the vegetation ordinance, that the U.S. Fish and Wildlife doesn't like the proposed language, but he will bring it back with a recommendation to do it anyway. He said he will have their letter forwarded to City Council and then go from there. B. Ms. Simchick Ms. Simchick asked for the individual who called her about noise at Capt'n Hirams to call her again. Said she would like to put slitter-free event clause in future festival contracts and perhaps this needed to be an agenda item. Reported that she received a letter from Friends of Roseland, noting our City affects their quality of life and recommended formation of a citizens advisory committee for the airport to balance with economic development issues and suggested this come back for discussion on an agenda. C. Mr. Wolff Mr. Wolff reported on the 7th Annual Sebastian River Fine Arts and Music Festival this Saturday and Sunday in Riverview Park. 9 Regular City Council Meeting January 23, 2008 Page Ten D. Mayor Coy Stated it may not be too late to have alitter-free event with KIRB at the Fine Arts Festival this weekend. E. Mr. Neglia Mr. Neglia asked that regulations for park use that Council had asked about before be placed on an agenda. 18. Being no further business, Mayor Coy adjourned the Regular Meeting at 11 p.m. Approved at the February 1~h, 2008 Regular City Council Meeting. i ~ ~' t/ Andrea Coy, Mayor ATT `. Sally A. Maio, M C -City Clerk 10