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HomeMy WebLinkAbout06252008CRY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 25, 2008 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Mayor called the regular meeting to order at 6:30 p.m. 2. The Pledge of Allegiance was recited. 3. A moment of silence was held. 4. Council Member Paternoster 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 Growth Management Director, Rebecca Grohall Environmental Specialist, Margie Reynolds Police Lieutenant, Bob Lockhart Police Lieutenant, Greg Witt Regular City Council Meeting June 25, 2008 Page Two 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mayor Coy asked Council if they would like to restart the meeting at 7:00 p.m. since there was some differences with the start time. Council Member Wolff suggested going through the next item and then Council could possibly take a ten minute break and restart the meeting if it seemed necessary. Council concurred. 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. 08.071 A. Nigel Hargreaves Sebastian Inlet Power Squadron -Announcement of Funding Award for Free Boatin Courses Commander Hargreaves announced that the Power Squadron received another generous bequest from the Arden J. Greer Charitable Trust and were able to provide free boating courses. He invited citizens to pick up a free class voucher at the Squadron booths (77 and 78) at the Independence Day celebration in Riverview Park. He said the next course will be July 19th from 9:00 a.m. to 4:00 p.m. and July 20th from 1:00 p.m. to 2:30 p.m. in the old Council Chambers and that the vouchers were good for six months. Commander Hargreaves said the public could also sign up online at sebastianinletps.com or call 766- 3926 for more information. Mr. Paternoster asked that this information be broadcast on Channel 25 and the City's website. Mayor Coy reminded everyone that the 4th of July parade is at 8:30 a.m. Mayor Coy asked Council if Council would like to continue with the meeting and it was the consensus of Council to move forward. 8. ITEMS CARRIED FORWARD FROM JUNE 11.2008 REGULAR COUNCIL MEETING 08.077 A. Lot Clearing Ordinance History (backup to be under separate cover) The City Attorney gave a brief history of this issue and said recent attempts have been to just cut back to the property line and the City staff were asked to obtain comments from the U.S. Fish and Wildlife Service (USFWS) and he noted the City of Palm Bay has placed lot clearing under their nuisance code section. He said it was Council's pleasure on how to proceed at this point. Mr. Paternoster said we should move forward with this since we receive many complaints, and especially in light of the recent wildfires, and for our seniors who can't get out to cut vegetation. 2 Regular City Council Meeting June 25, 2008 Page Three Ms. Simchick asked if the City responded to the last correspondence from US Fish and Wildlife Service to clear up its concerns. The City Attorney explained that meetings have been on-going in general and there are some fundamental issues that need to be addressed such as lot access, having the homeowner hire a consultant to determine if five feet should be cut, and he said once the City can get the overall relationship straight with USFWS, the conditions for lot clearing will fall into place. Ms. Simchick reiterated that USFWS concerns have not been addressed because we are involved in a bigger picture and noted she was not comfortable moving forward until she could review the Palm Bay ordinance which was placed on the dais tonight. Mayor Coy said in her conversations with USFWS, they wanted Beth Powell, Indian River County Lands Manager to inspect the lots for scrub jays but later said they would agree to having Margie Reynolds, the City's Environmental Specialist, check the lots as long as she was certified. Ms. Simchick asked if the clearing would be complaint generated, who would mow if the City cannot contact the lot owner, and who would pay the bill. The City Attorney explained this would fall under the City's nuisance abatement program, in which case we give them notice to clear up within 14 days, then we go out and contract to have it cleared, which is the same policy we use on lot mowing. Ms. Simchick asked if it would come out of general funds and how much would have to be budgeted. The City Manager said it would come out of the Code Enforcement professional services line and for the next fiscal year it would pretty much be the same as this year. The City Attorney explained the reason we use a contractor was to be revenue neutral. Mr. Wolff asked if this was in effect today, how was the City's own house, and was there property that would fall out of bounds with this ordinance. The City Manager said probably so. Mr. Wolff said he would like to see a little bit of balance, noting that the lot owner is a taxpayer, and that this will be another vehicle to make it difficult for next door neighbors. He suggested there should be a maximum time the City needs to clear in the ordinance. Mayor Coy said her complaints have been the Brazilian peppers and the big stuff, which would need to be identified as well in the ordinance. Mr. Neglia said it was time to move forward with this The City Attorney said five feet will grow back quickly in Florida, so lots will need to be cut a couple of times. He noted one of the counter considerations is fire prevention and the fire season is the same time as nesting season so the City must cut before nesting season. The City Manager encouraged Council to move ahead, noting this language was more restrictive than the Palm Bay ordinance, and said if the City clears on a reactionary basis it will probably be 6-12 lots per year. He also noted the City has lots on Tulip that need to be trimmed back. Regular City Council Meeting June 25, 2008 Page Four The City Attorney explained part of the difficulties of the relationship with USFWS were that they have had a total change of staff since the take permit was authorized, and that the City was working from 2001 documents that former USFWS staff did not pass on to new staff. Ms. Simchick asked how what months in the year lots could not be cut. Margie Reynolds responded the nesting season is March 1 to June 30. The City Manager explained the notification process and advised not to put language relative to this being complaint generated in the ordinance because not all complaints would be valid and it would take away the ability to handle this as a standard operating procedure. Ms. Simchick asked how property owners would be notified of this new procedure and the City Manager said citizens have some responsibility to check out the rules and it could be posted on the website or in the Pelican Brief. Mr. Neglia asked about absent property owners applying for a permit. The City Manager explained the procedure that would be used: City would send a letter to John Doe, John Doe comes to City Hall and receives a permit and the case is closed, but on the flip side if John Doe doesn't respond, the City goes out and schedules an abatement, the owner is assessed x amount of dollars, a lien is placed on it and we never see it again until the property is sold and liens are dug up. The City Manager said the permit trigger is that the City would inspect the lot before cutting so we don't have "a take" and protected plant species will be marked before cutting. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to move forward on this ordinance and have it drafted with everything discussed this evening and present it back to Council for perusal and edification, passed on a voice vote of 5-0. The Mayor clarified the questions from USFWS would be answered when it comes back. Mayor Coy called recess at 7:30 p.m. and reconvened the meeting at 7:39 p.m. All members were present. 08.078 B. Discuss St. Johns River Water Management District Watering Guidelines - (GMD Report Previously Distributed) The Growth Management Director said the St. Johns River Water Management District (SJRWD) held a workshop the same day as the Interlocal Services Boundary Agreement (ISBA) meeting which prevented a lot of local official participation and SJRWMD was willing to come back down and hold another meeting. She went over the basic changes and noted there will be additional workshops and SJWRMD staff will present a rule to their governing body for adoption next March and then the City can match or modify our existing ordinance. Mayor Coy suggested that the Growth Management Director monitor the next major workshop and come back with a report on their findings and actions. 4 Regular City Council Meeting June 25, 2008 Page Five Discussion followed on the proposed one-day watering, how will people know what day they can water, and reclaimed water. Mr. Paternoster asked the Growth Management Director to ask the District to simplify the process of determining the day. The Growth Management Director stated staff has concerns with policing the SJRWD proposal and how to gauge percolation. She also noted the Green Coalition and the Indian River Green Team have concerns about gray water. She pointed out rain barrels with a drip hose will allow you to water to your heart's content and invited the public to contact staff or master gardeners for more information. 08.023 C. Airport Workshop Update (no backup) The City Manager said this was originally agendized to let everyone know that a June 12'h workshop was coming up and now he could report they had a good turn out at the meeting with attendance by a couple of Council Members, residents, staff, pilots, Commissioner Davis, and Flight Safety. He said the discussion turned out four major topics: review of the new flight pattern by Bob Denton in his plane, contacting residents who live under the flight patterns, determining if the patterns would work for Flight Safety, stress altitude more, and publicize the Airport is out there. He said there would be another meeting in August. Mr. Paternoster stated he had comments from Flight Safety indicating they were having difficulty with 0-6-0 turnoff from runway 4-22. The Airport Director stated he anticipated that because the wind conditions prevented them from the maneuver that day and he had heard some complaints as well. Mr. Paternoster explained a maneuver where we're asking pilots to turn 20 degrees as a voluntary nuisance abatement procedure, which brings the noise over uninhabited area. The Airport Director said he felt this needed to be massaged a little bit by Flight Safety because they are our biggest user. He also said he has noticed a slight fall-off of traffic. Mr. Paternoster said he understood that Flight Safety had a problem with both of the headings and the tight turn to come around for a landing. He asked the Airport Director to contact Flight Safety for any information and report back to Council. He also requested the next meeting be held sooner than August. The Airport Manager said Nancy Rear, the chief pilot was to call after they did the test and he would contact her to find out what he could. Mr. Wolff asked what was the cost of fuel now and if we had experienced a down turn in fuel sales. The Airport Director said we have tapered off and charge $4.90 a gallon which is competitive in the area. Mayor Coy commented the heat is stressful for airplane engines right now and asked if anyone would like to comment from the public. There was no one. She reiterated the next meeting would be in August if not sooner. 5 Regular City Council Meeting June 25, 2008 Page Six Mr. Paternoster thanked Bob Denton for using his own time and aircraft in working out these flight patterns and noted that Mr. Denton has offered to take residents up in his plane. Mayor Coy said she would like to go in his plane. 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. 1-4 A. Approval of Minutes - 6/11/08 CIP Workshop 5-18 B. Approval of Minutes - 6/11/08 Regular Meeting MOTION by Ms. Simchick and SECOND by Mr. Wolff to approve consent agenda items A and B carried on a voice vote of 5-0. 10. 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. 08.047 A. Planning & Zoning Commission (City Clerk Transmittal, Application, List, Ad) i. Interview, Unless Waived and Submit Nominations for One Vacant Alternate Member Position -Term to Expire January 1, 2011 Mr. Hepler approached the podium, greeted Council, stated he had been afive-year resident of the City and loved living here. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to appoint Mr. Hepler to the Planning and Zoning Commission carried on a voice vote of 5-0. 11. PUBLIC HEARINGS Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. 08.065 A. Second Reading of Ordinance No. 0-08-04 -Requiring Planning and Zoning 2~-3o Commissioners to Have One Year of Residency (City Clerk Transmittal, 0-08-04) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 2- 170 BOARDS, COMMITTEES, COMMISSIONS: QUALIFICATIONS TO ADD A ONE YEAR RESIDENCY REQUIREMENT FOR PLANNING AND ZONING COMMISSION; PROVIDING FOR APPLICABILITY, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. (Press Journal 6/11/08) The Mayor opened the public hearing at 8:04 p.m. and the City Attorney read the title. There was no public input. MOTION by Mr. Wolff and SECOND by Mr. Paternoster to pass Ordinance No. 0-08-04 requiring Planning and Zoning Commissioners to have one year of residency. 6 Regular City Council Meeting June 25, 2008 Page Seven Roll call on the motion as follows: Ayes: Neglia, Paternoster, Simchick, Wolff, Coy Nays: None Motion carried. 12. UNFINISHED BUSINESS 08.030 A. Resolution No. R-08-08 -Extend ISBA Stand Down Agreement to October 31, 31-38 2008 (City Attorney Transmittal, R-08-08) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT EXTENDING THE RELATIONSHIP ESTABLISHED BY THAT CERTAIN AGREEMENT ADOPTED BY RESOLUTION R-07-22 ON MAY 23, 2007 TO MAINTAIN THE STATUS QUO DURING NEGOTIATIONS FOR AN INTERLOCAL SERVICE BOUNDARY AGREEMENT ("ISBA"), WITH A NEW EXPIRATION DATE OF OCTOBER 31, 2008, PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. The City Attorney said the interlocal services boundary agreement is continuing and the stand down agreement imposed a regulation against annexations processed outside the urban services area during the discussions effective for one year and it is about to expire. He noted Fellsmere didn't feel we need to extend, because if anyone declared an impasse we would go to the Chapter 164 process. He explained the first step is to have senior staff discuss outstanding issues, the next step is a joint meeting of governments within 50 days and if that fails, go to formal mediation with a mediator, and then if nothing is resolved, the parties can walk away. He said Fellsmere feels will take longer than October 31 and some cities have said they would feel better extending, so Fellsmere said they would extend if everyone waived the Chapter 164 process because they don't want to be strung along. The City Attorney advised a trained mediator might be a good thing to get everyone talking and he believed there is case law that we can't waive the 164 process before pursuing litigation. Mr. Neglia said a joint meeting should be rescheduled and he wants to protect our rights to the 164 process. Mayor Coy agreed, and thanked the members that showed up to the ISBA meeting last Thursday which ended early due to the City of Vero Beach leaving the meeting to go to a private party. She suggested a letter of concern be sent out so that does not happen again. Mr. Neglia said they were aware that how upset everyone was. The City Manager suggested hosting the next joint meeting. Mr. Paternoster asked if we should send a letter stating we don't agree to waiving the 164 process. Ms. Simchick asked if we did sign this and the elections bought a change of climate, and the charter went through, would Fellsmere be free to annex. The City Attorney said that is correct, they could begin annexations November 1S' 7 Regular City Council Meeting June 25, 2008 Page Eight Mayor Coy asked Council if they wanted the City Attorney to respond back that we will agree to the extension but not waive the 164 process. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to send the stand down agreement without the 164 dispute resolution passed with a voice vote of 5-0. The City Attorney said he would strike the fifth whereas in the resolution, and modify the agreement to take out the waiver. 13. 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. Andrew Fackler, 517 Acacia Avenue, said he thinks last week's meeting was a disgrace and when the captain of the ship bails out and the Vice-Mayor doesn't know what to do it is all of the members' fault. Ed Herlihy, Sebastian, said he can no longer sit back and watch was has happened at the last few meetings, said this Council is dysfunctional, suggested they put their eyeballs on the table and look back at themselves, said they should recognize their function which is a legislative body. He suggested they develop a to-do list, hold workshops and challenged Council to work together. Cindy Falco, concurred with Mr. Herlihy, saying she was shocked a leader would walk out. She said brought the charrette plan pictures with her and asked why Council is not implementing the plan but instead making a boat parking lot. She said if the City buys the property on the river then there is no tax base to give incentives to be business friendly, and asked why private sectors aren't buying the property. In regard to the overgrown lots, she said people pay taxes for lots why can't the City pick up the tab for the clearing, and why can't we show in-kind favors and help our neighbors. Joe Spinelli, Carnival Terrace, said at the last meeting the Mayor made a statement relating to Mr. Paternoster because she had feelings of embarrassment because she did not care for words expressed of Mr. Paternoster's past experience with Mr. Minner. Mr. Spinelli said the other Council Members evaluated without interruption by the Mayor and when she gave other Council Members a big fat zero in her evaluation and then passed the gavel to Mr. Neglia to leave, he asked what would happen to any working person or military personnel who jumped the ship and left the crew to fend for themselves. Damien Gilliams, 1623 US Highway 1, read the civility pledge Todd Klitenic, 1274 Barber Street, said the Mayor basically quit her job, so the Vice-Mayor should be Mayor, and Mr. Paternoster should be Vice-Mayor. Richard Gillmor directed everyone's vision backwards to when a lady spoke of movies in the park, and asked where that might be since the concerts in the park are finished. He said he has been running into people who wish to serve and volunteer but don't want to just answer the phone. Regular City Council Meeting June 25, 2008 Page Nine Mayor Coy announced we are still looking for volunteers. The City Manager said he did do some research on holding movies in the park but failed to follow up on it and he would provide a memo on his research. Mr. Wolff suggested researching the pros and cons carefully because it is hard to believe that families are going to go out to the park with the threat of mosquitoes and the variety of other media available. The City Manager offered to agendize the item for July 9`h and prepare a memo for Council. 14. NEW BUSINESS 08.072 A. Appoint Voting Delegate for FLC Conference and Propose Any Resolution(s) 39-44 (City Clerk Transmittal, FLC Information) Mr. Paternoster nominated Vice-Mayor Neglia. Mayor Coy concurred and there was no objection. 08.079 B. Resolution R-08-07 -Grant Application for Main Street/Indian River Drive Project 45-97 (City Manager Transmittal, R-08-07, Application, Guidelines) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN FLORIDA AUTHORIZING THE CITY MANAGER AND OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, FLORIDA BOATING IMPROVEMENT PROGRAM; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Manager stated staff recommends passing the grant resolution and the application is in the packet for review. Mr. Paternoster asked about dedicating the property for use by the public for twenty years, if the noted modifications will be done on the boat ramps themselves, if we are gaining parking spaces, if access to the ramps is considered an improvement. The City Attorney stated the property can't be declared surplus property and then sold by the City. The City Manager explained that the ramps will not be worked on, the parking spaces will be organized and enhanced with these improvements and access to the ramps will improve with the organization. Mr. Paternoster pointed out that the City Manager's cover letter states Council unanimously supports this project which is not true. The City Manager said the resolution's vote listing will indicate each member's support. Mr. Paternoster said he is opposed to the project, it was going to shorten Main Street between Route 1 and Indian Drive, it would cause a stacking problem for the time being and we should shelf the project and help out businesses that are going under in the CRA district. 9 Regular City Council Meeting June 25, 2008 Page Ten Mayor Coy reminded everyone that they were here to discuss the grant and there will be the opportunity to vote at July 9th meeting for or against the project. Mr. Wolff said, for the record, he is opposed to the project, but commends staff for going out for the grant The City Manager said even though there is opposition, it is cutting our cost by half and that frees up money to go back and disperse as everyone sees fit. Mr. Wolff said in the needs statement it reads: to launch a vessel causes entire blockage of Indian River Drive, which in his opinion is a gross exaggeration, many will continue to park along US 1 and this does not provide for additional spaces. Ms. Simchick told the Power Squadron people they would have a chance to comment on the project at the July 9th meeting. She asked if we are legally within our means to apply and accept the grant money. The City Attorney cited circle page 85, stating eligible amenities include staging areas, restrooms and trailer parking and the plan provides for 23 parking spaces that will be paved and striped which meets the criteria. Mr. Neglia applauded staff for going for the grant and noted there will always be parking on US 1, it will never change. MOTION by Mr. Neglia and SECOND by Ms. Simchick to approve grant Resolution R-08-07. Roll call on the motion was as follows: Ayes: Simchick, Coy, Neglia Nays: Paternoster, Wolff Motion carried 3-2. 15. CITY ATTORNEY MATTERS None. 16. CITY MANAGER MATTERS The City Manager asked Council Members to get back to him on how they would like to be transported in the July 4th parade; confirmed that the next ISBA meeting will be held at Sebastian City Hall; said he would look at the projector cost to show movies in the park; and cautioned that the City needs to be careful of liability in regard to the volunteers. 17. CITY CLERK MATTERS None. 10 Regular City Council Meeting June 25, 2008 Page Eleven 18. CITY COUNCIL MATTERS A. Mr. Paternoster He said if we want to keep a project, we just need to find a grant. He explained to the public that Council does not make the agendas, the charter officers do, that he works pretty hard at this job, the charter officers answer to the members and when people complain, members have to oversee what the officers are doing otherwise the City would be run by three people only. He said as far as dysfunctional, there are five people, five personalities, answering to many people. He noted answering the phones is one of the main things we could use volunteers for. B. Ms. Simchick She said she is proud to be part of Council-Manager process, she noted this Council's accomplishments and said she likes to hear everyone's opinion, it may change her opinion and she is glad to help people solve problems. C. Mr. Wolff He said it was difficult to vote against the grant but he has found projects are put forward and grant money is applied for too soon because the project hasn't been fully sorted out. He commends anyone that comes to the podium, noted there is perception that if you disagree with someone you are against the issue, however said diversity brings strength. He said the Mayor's position should be rotated on a 12 month basis to give others a chance to lead the meeting and he hoped Council could move forward and get down to business. D. Mayor Coy She said there were those who came to voice displeasure at her decision to leave the last meeting, she noted no other member was challenged during their evaluations, but her evaluation was evaluated and she disagreed with other evaluations but did not say anything. She asked the rest of the members to sit down with the charter officers with their evaluations as set out in the resolution. She announced as of July 1St, Doug McMillan will no longer be a My Safe Home inspector but if you call 772-913-1557 before July 1St he will inspect your home. E. Mr. Neglia He said he agreed with a previous speaker, there are things Council hasn't gotten to yet. He said members ask questions about the agenda, things take time to do, and they are constantly on the go. He said he is proud to be on the dais and even he gets annoyed sometimes. He reminded everyone of the Fourth of July festivities next week 11 Regular City Council Meeting June 25, 2008 Page Twelve Mr. Paternoster noted in yesterday's paper it said there are 644 people who are eligible for the economic stimulus check that have not applied and he urged them to apply through the website irs.gov or by calling 800-829-1040. 19. Being no further business, the Mayor adjourned the meeting at 9:29 p.m. Approved at the July 9t" Regular City Council meeting. Andrea B. Coy, Mayor ATTES Sally A. Maio, 1 C -City Clerk 12