Loading...
HomeMy WebLinkAbout06102009arvoF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 10, 2009 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the Regular Meeting to order at 6:30 p.m. 2. The invocation was given by Pastor Brothers, First Baptist Church of Sebastian. 3. The Pledge of Allegiance was recited. 4. ROLL CALL City Council Present: Mayor Richard H. Gillmor Vice-Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Records Program Manager, Donna Cyr Airport Director, Joseph Griffin Finance Director, Ken Killgore Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Deputy Police Chief, Michelle Morris Police Captain, Greg Witt MIS Systems Analyst, Robb Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members The City Manager requested that items 12F and 12G be pulled from the agenda, citing that item 12F needs more homework and for item 12G the individual making the request could not be at the meeting. MOTION by Mr. Hill and SECOND by Ms. Coy to remove items F and G carried on a voice vote of 5-0. Regular City Council Meeting June 10, 2009 Page Two 6. 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. Ms. Coy announced the Sebastian Clambake slogan contest and said entries can be submitted to sebastianclambakeCa~hotmail.com and that beneficiary applications for funding from the festival proceeds can be submitted to the same address. 7. 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 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. 1-11 A. Approval of Minutes -May 27, 2009 Regular Meeting 09.097 B. Renew FDEP Submerged Lands Lease for Twin Piers (City Manager Transmittal, 13-21 Lease) 09.098 C. Approve Edward Byrne Memorial Justice Assistance Grant (JAG) -American 23-41 Recovery and Reinvestment Act of 2009 -State Solicitation and Purchase of ID Fingerprint Live Scan System with Child ID, Automated Fingerprint ID System and 3 Remington 870 Shotguns with Grant Funds (Grant Application, Price Quotes) 09.095 D. Approve Kimley-Horn Non-Exclusive Agreement for Continuing Professional 43-56a Engineering Consulting Services (City Manager Transmittal, 6/4/09 Rates Letter) MOTION by Ms. Simchick and SECOND by Ms. Coy to approve the consent agenda. Result of the roll call: AYES: Gillmor, Hill, Coy, Simchick, Wotff NAYS: None Passed 5-0 8. 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. 09.003 A. Natural Resources Board 57-64 i. Interview, Unless Waived and Fill One Vacant Regular Member Position (City Clerk Transmittal, Application, Member List, Ad) City Council briefly interviewed Eric Spokas, who gave his background. Ms. Coy nominated Mr. Spokas and Ms. Simchick seconded the nomination. Being no other nominations, Mr. Spokas was appointed to the regular member position. 2 Regular City Council Meeting June 10, 2009 Page Three 9. PUBLIC HEARINGS -None 10. UNFINISHED BUSINESS 09.053 A. Resolution No. R-09-23 - Temporary Waterfront Committee - Clarifying 65-68 Jurisdiction (City Attorney Transmittal, R-09-23) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE TEMPORARY WATERFRONT COMMITTEE; AMENDING RESOLUTION NO. 09-17; CLARIFYING THE COMMITTEE'S JURISDICTION; PROVIDING FOR CONFLICT; PROVIDING FOR A TERM AND AN EFFECTIVE DATE. The City Attorney read R-09-23 by title. MOTION by Ms. Coy and SECOND by Mr. Hill to approve Resolution No. R-09-23. Ms. Simchick questioned why Council was removing language relative to preventing loss from disasters, and Mayor Gillmor said this was proposed at the last meeting because this task was taken care of by City staff. Ms. Simchick suggested keeping the language in, in the event we are able to submit for future grants. The Growth Management Director noted the resolution can be modified at any time in the future -and the language of the resolution as proposed more closely matches the Stan Mayfield Grant. Ms. Coy said taking it out provides better focus to the Committee. Mr. Wolff said he thinks there is a power play going on. Mr. Hill said he did not care one way of the other, and that direction to the Committee is what is important. Mayor Gillmor agreed, stating that leaving it in doesn't mean the Committee has to study it. Result of the roll call: AYES: Hill, Coy, Simchick, Wolff, Gillmor NAYS: None Passed 5-0 09.096 B. Approve Emergencv Hurricane Debris Removal Contracts with DRC Emergencv 69-93 Services. Crowder-Gulf, and Ceres Environmental Services (City Manager Transmittal, Generic Agreement, Bid Comparisons) MOTION by Ms. Coy and SECOND by Mr. Hill to approve emergency hurricane debris contracts with DRC Emergency Services, Crowder-Gulf, and Ceres Environmental Services. Result of the roll call: AYES: Coy, Simchick, NAYS: None Passed 5-0 Wolff, Gillmor, Hill 3 Regular City Council Meeting June 10, 2009 Page Four 11. PUBLIC INPUT -None. 12. NEW BUSINESS 09.099 A. Award Powerline Road Design Agreement to Masteller & Moler in the Amount of 95-152 $176,724 from Residual Capital Improvement Funds (City Manager Transmittal, Agreement, Masteller Proposal) The City Manager explained the CCNA process, the proposal to design the extension of Powerline Road from its terminus south of Main Street to CR512 and recommended Masteller & Moler based on their expertise in road projects, discussed the escrow in the amount of $166,000 being held from the development of Ashbury Subdivision for Powerline Road construction. He said the City Attorney has opined that the escrow funds can be used at this time for engineering. In response to Mr. Wolff, the City Manager said we would have to tap into escrow funds by 2012 and that we could use the escrow funds for design if it is our intention to build the road. The City Manager further explained the proposal to extend Orange Street into Powerline Road and described the grid. Mr. Hill questioned whether Roy Street had been considered and the City Manager said Orange was the best choice, but if Council has other alternatives they should be looked at now. It was noted that Ashbury had conducted a traffic survey. The City Manager said he will be bringing them ways to the get the road funded. Mayor Gillmor asked if we use the escrow funds for design now and if later on we do not do the construction what would be the worst case scenario and would we have to pay it back. The City Attorney said that was probably the worst case or we could possibly get an extension. The City Manager said there is logic in using the escrow now. Joe Scozzari suggested it would be sensible to have a map showing the grid for the public before spending the money. The City Manager pointed out pages 141-144 showing the cross sections. In response to Ms. Simchick, the City Manager said the engineering includes the cross throughs and based on preliminary studies, Orange Street is the single best punch through, and perhaps we could ask the engineer to include alternatives in at the same cost if Council wants to look at alternatives. Roger Skillman, 1711 NW 4th Street, Delray Beach, Florida, said he appreciates being able to access the agenda backup and view Council meetings on the website, explained the history of his family in Sebastian, noting that 25 years ago his father Roger Skillman assembled property owners in the old chambers to provide 100 feet of right-of-way to the City. He said his father would have been pleased with this action tonight, and with the choice of engineer, noting that Earl Masteller was the City's first staff professional engineer and that hiring him had changed things for Sebastian. He said Masteller's integrity and character are 100%. He then congratulated Council for the manner in which they operate, their level of civility and thanked them for the opportunity to speak. 4 Regular City Council Meeting June 10, 2009 Page Five Steve Moler, Vice President of Masteller & Moler, addressed City Council, said they look forward to working with staff and said they could add alternatives to the design if requested. He noted there will be public presentations since there are homes that back up to Powerline Road on both sides, and said he appreciated Mr. Skillman's comments. He noted that Earl Masteller was the City's first City Engineer from 1982-1984. Louise Kautenberg, Sebastian, asked whether Orange Street was platted and said the City might want to discuss the extension of Orange. She said she was all for Powerline Road. The City Manager said Orange is platted. Mr. Wolff said it is important to conduct public workshops with residents, due to the impact of the extension. Damien Gilliams cited the difference between this engineering cost to the engineering cost for another project done by another firm, which he had brought to Council's attention. MOTION by Mayor Gillmor and SECOND by Ms. Coy to move forward on this with the money we already have in escrow funds. In response to Mr. Wolff, the City Manager clarified the money in escrow was earning a little more interest than the City's invested funds. Mr. Wolff questioned why we would use the escrow money now and Mayor Gillmor said using escrow puts us in a go mode, and if we commit and then do not construct we have to give the escrow back. Discussion continued among Council members on the merits of using escrow funds versus using City funds for design. Result of the roll call: AYES: Gillmor NAYS: Simchick, Wolff, Coy, Hill Failed 1-4 MOTION by Mr. Hill and SECOND by Mr. Wolff to award Powerline Road design agreement to Masteller & Moler in the amount of $176,724 from residual capital improvement funds. Result of the roll call: AYES: Wolff, Gillmor, Coy, Simchick, Hill NAYS: None Passed 5-0 09.100 B. Public Works Compound Discussion (City Manager Transmittal w/Attachments) 153-155 The City Manager said staff provided costs relative to the landscaping or relocation of the compound but was offering no recommendation at this time, though he would provide a recommendation if that is what Council wanted. Regular City Council Meeting June 10, 2009 Page Six Mayor Gillmor said he thought we would have to move it which will take time, but it is imperative that we screen it and make it look as pretty as we can. He requested direction to the City Manager to make it look better. Ms. Simchick said we need to get the project included in the CIP and concurred with beautification at this time. Ms. Coy said she would like to move it, and said it will take years to grow trees to screen it. She asked if it was possible for us to sell the property and suggested working with the adjacent property owner. The City Manager said it was possible, and asked if it was the consensus of Council to screen now and also to move it at a later time, he would move in that direction, noting the CIP would be coming before them shortly. Mr. Hill said we all agree, and there was a consensus five years ago to move it, but it will take a couple of years to do. He said he would not agree with anything short of a landscape plan that meets the provisions of the 512 overlay, that we should lead by example. He said if we are going to move it we should not spend that type of money. Ms. Simchick expressed concern for environmental issues because of the type of use. The City Manager said there have been underground storage issues and it has been tested, noted the grant for DEP remediation had been cut off, said there is a plume of contamination that needs remediation but it is not high level, noting it was low level diesel fuel in the soil. He stated there was no drinking water environmental danger. Mr. Wolff said the compound has been there many years and the look of it did not stop any of us from coming, it is a bit more visible now, it is premature in a deep recession to speak of selling, suggested a management team site visit to reorganize the site if possible and then put some screening plan in place until we have the ability to move the compound. Mr. Hill noted the problem came about when CR512 was split which opened up the compound, and the Clerk noted the twin pairs project was early 90s. Damien Gilliams suggested taking another look at current regulations for permits for clearing subdivisions, and agreed with green fencing and landscaping. The City Manager said a motion would be appropriate for an expenditure up to $20,000, that the landscape plan would only take administrative review, noting this section of the "triangle" is not a part of or governed by C512 or Riverfront Overlay District regulations. MOTION by Mayor Gillmor and SECOND by Mr. Wolff to authorize the City Manager to spend up to $20,000 to make it pretty. Result of the roll call: AYES: Wolff, Gillmor, Coy, Simchick, Hill NAYS: None Passed 5-0 6 Regular City Council Meeting June 10, 2009 Page Seven 09.101 a C. Approve First Reading of Ordinance No. 0-09-09 -Mustacchia Property 157-172 Annexation and Schedule 2"d Reading and Public Hearing for July 8, 2009 - 3 Acres West of US 1 Between Shady Rest MH Park and St. Sebastian Church (GMD Transmittal, 0-09-09, Map, Staff Report, Letter of Request, Chapter 171.044 FS) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF LAND CONSISTING OF 3 ACRES, MORE OR LESS, LOCATED WEST OF U.S. 1 BETWEEN SHADY REST MOBILE HOME PARK AND ST. SEBASTIAN CATHOLIC CHURCH; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney said the next three items C, D and E are ordinances for first reading, noting the first two are legislative in nature and the third, zoning is quasi judicial matter, so for that item Council will deal with quasi judicial procedures such as swearing in. The City Attorney read Ordinance No. 0-09-09 by title for first reading, and said if passed the second reading is tentatively scheduled for July 8, 2009. In response to Mayor Gillmor's question as to whether Council should take input first or would it be appropriate to make a motion at this time, the City Attorney said either way would be fine. Mayor Gillmor called for a motion. MOTION by Ms. Coy and SECOND by Mayor Gillmor to approve first reading of Ordinance No. 0-09-09. Mayor Gillmor then opened the item to the public. John King, 935 Sebastian Boulevard, briefly addressed Council representing the owner, Mr. Mustacchia, who, he said, was in Italy. Mr. Wolff noted a letter stating that the City had agreed to waive fees on page circle 170, asked if there were costs involved in this voluntary annexation application and if so, the costs should be borne by the applicant and not City taxpayers. Ms. Grohall confirmed there are fees involved for legal notices. Mr. Hill asked the reason the fee was waived. The City Manager said this property is an enclave and annexing it will increase the City's taxable value. Mr. Wolff said it did not seem right for the taxpayer to enrich someone in this way and Ms. Coy asked if Shady Rest paid a fee and if so, would have a hard time with the waiver to be equal with the neighbor. Ms. Simchick agreed with staying with the same policy for all and then would be in favor of the annexation. The City Manager said the fee would have been $3300, said this commercial annexation would benefit the taxpayers by increasing the total assessed value and it was awin-win situation for both parties, but if Council wished to it could table the matter. In response to the Mayor, he cited the property's current assessed value, to which the Mayor responded it would take the applicant five years to pay us back. Mr. Hill said the reduced workload on staff for this annexation with the same fee and the benefit to the City may bean argument for the waiver. 7 Regular City Council Meeting June 10, 2009 Page Eight Ms. Simchick said there should be no waivers and favors and we have to be consistent to all and would not annex. She said there are rules and fees on the books and perhaps at a later date we can discuss adjusting application fees based on size. Mayor Gillmor said he agreed and did not want to set a precedent. Mr. Wolff expressed concern for considering millage rate increases and then looking at waivers for applications. John King said his client was sent a letter by the City to annex his property with an offer to waive all the fees so we did not have an enclave. He suggested they go through the first reading and then see what happens. He said they have spent time and money based on that letter. Mr. Hill said this was a game changer if we presented the offer. Ms. Simchick said she would like to see the letter, perhaps tabling would be the best thing, she said she had problems in the past with staff showing up at an auction and saying they would be willing to change zoning, and was concerned for precedent. Mr. Wolff said the Council packet has a letter that shows the applicant had requested the waiver. Mr. King said this was their response to the City's letter, said he hoped we could continue with the first reading, and he could contact the applicant and resolve it by JUIy $th Mr. Hill said he would rather have staff work it out with the applicant and then come back to Council rather than imposing a mandate. Ms. Simchick suggested a break so the Growth Management Director could get the letter. Mayor Gillmor called recess at 8:15 pm and reconvened the meeting at 8:29 p.m. All members were present. Staff provided an a-mail showing that the City had made the offer of the waiver for the client to annex into the City (see attached). Result of the roll call: AYES: Hill, Coy, Simchick NAYS: Gillmor, Wolff Passed 3-2 09.101 b D. Approve First Reading of Ordinance No. 0-09-10 - Mustacchia Property Land 173-186 Use Amendment and Schedule 2"d Reading and Public Hearing for July 8, 2009 - 3 Acres West of US 1 Between Shady Rest MH Park and St. Sebastian Church (GMD Transmittal, 0-09-09, P & Z Minutes, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICAITON OF RIVERFRONT MIXED USE (RMU) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF LOW-DENSITY RESIDENTIAL, UP TO 6 UNITS PER ACRE (L-2) FOR LAND CONSISTING OF 3 ACRES, MORE OR LESS, LOCATED WEST OF U.S. 1 BETWEEN SHADY REST MOBILE HOME PARK AND ST. SEBASTIAN CATHOLIC CHURCH; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. g Regular City Council Meeting June 10, 2009 Page Nine The City Attorney read Ordinance No. 0-09-10 by title. MOTION by Ms. Coy and SECOND by Mr. Hill to approve the first reading on 0-09-10. Joe Scozzari said Council did not have public input on the previous item and Council Members noted they did. Mr. Scozzari said John King is involved with Growth Management because his wife is involved with Growth Management, that he spoke with the City Manager who said he authorized the Growth Management Director to do this and it should be in writing. Damien Gilliams asked who wrote the letter, and Ms. Simchick said it is from Rebecca Grohall. Mr. Gilliams said Council and not staff sets policy and that all annexation fees should be waived. He said he has property near this property and he never received a letter on this and was told this is a first reading and not a public hearing. He asked how staff is authorized to waive fees. Ms. Simchick said the Growth Management Director was authorized by the City Manager. Mr. Gilliams said he had nothing against the realtor, but asked the Council to do the right thing. Ms. Simchick said for the record, Council received a copy of the letter and there is a time limit for the waiver. Mr. King said it is unfair to hold anything against his client because his wife works for the City, that his client did not initiate this, that the City of Sebastian made an offer, his client agreed to accept it, and if the City is unwilling to do it, they should tell him what they want and he will convey it to his client. He said Council should not allow anyone to badger its staff. Mr. Wolff apologized and said it is unconscionable that he has to come to the podium to defend himself, said it is clear the City came to his client. He asked if the property was on the market at this time or has it been listed in the last year or two. Mr. King said it was listed in the past, though it is not listed now, they are talking to people about purchasing it but do not have a hard contract. In response to Mr. WolfFs question on the price, Mr. King said the agent who had it listed was not in his office but would guess it was around $1 M. He said they had to do a hard sell to get the applicant to agree to annex into the City, so if it is going to cost him, he did not know if he would annex. Mr. Hill noted we have already moved past the question of annexation and this is a matter of land-use. Result of the roll call: AYES: Hill, Coy, Simchick, Wolff NAYS: Gillmor Passed 4-1 9 Regular City Council Meeting June 10, 2009 Page Ten 09.101 c E. Approve First Reading of Ordinance No. 0-09-11 - Mustacchia Property Zoning 187-198 Amendment and Schedule 2"d Reading and Public Hearing for July 8, 2009 - 3 Acres West of US 1 Between Shady Rest MH Park and St. Sebastian Church (GMD Transmittal 0-09-09 P & Z Minutes Application) (This issue is Quasi- Judicial AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION OF RESIDENTIAL MULTI-FAMILY, UP TO 6 UNITS PER ACRE (RM-6) FOR LAND CONSISTING OF 3 ACRES, MORE OR LESS, LOCATED WEST OF U.S. 1 BETWEEN SHADY REST MOBILE HOME PARK AND ST. SEBASTIAN CATHOLIC CHURCH; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Gillmor noted this issue is quasi-judicial and confirmed with the City Attorney that anyone wishing to speak would be sworn. The City Attorney read Ordinance No. 0-09-11 by title. He then said this is a first reading and then offered his quasi-judicial hearing procedures list to the Mayor. Mayor Gillmor gaveled and opened the hearing and asked for disclosure of ex-parte communications. There was none disclosed. The City Clerk swore in all who intended to offer factual testimony on the zoning, reconfirming this is a first reading. The Growth Management Director read staff recommendation to approve the zoning on first reading and set public hearing for July 8~'. Mayor Gillmor opened the floor for anyone in favor and there was no input. Mayor Gillmor opened the floor for anyone opposed. Joe Scozzari said this is not a good idea, we should not annex it, questioned Mr. King's input about the agent. John King clarified that when the property was listed the agent who listed the property was not in his office at that time, but she now is in his office and has been for the last six months. Mr. Hill again noted we are on zoning. Damien Gilliams said the map in the packet is confusing and it was explained to him by the Growth Management Director. It was noted that the property over which he was confused was a portion of Shady Rest. Mr. Gilliams then asked the City Attorney if he could ask questions of the Growth Management Director, and the City Attorney responded he could. 10 Regular City Council Meeting June 10, 2009 Page Eleven Mr. Gilliams asked if the potential purchaser of the property had been in her office and she said had been approached by someone interested in purchasing the property. Mr. Gilliams asked for the record if she could tell us what the intended use of the property was, and she answered right now a national fast food chain. Mr. Gilliams noted restaurants with drive throughs are conditional use and Council may want to take this into consideration. Mr. Gilliams asked if Mr. Hill received any campaign contributions from the applicant and if he did, will he withdraw from voting. Mr. Hill said he did receive a contribution, but could not recall the amount. Ms. Simchick said he did not have to answer this question. Ms. Coy asked how many times we are going to go down this road. Mr. Gilliams said maybe you want to get confirmation from the City Attorney. Ms. Coy said Mr. Gilliams has made this inquiry three times and made various allegations against various people sitting up at the dais and has been told there is no conflict of interest in taking a campaign contribution, and said for the fourth time there is no conflict of interest, for the record and asked the City Attorney if this is correct. The City Attorney answered yes. Mr. King said he has been a broker in town for over twenty years, has represented many people in front of Council, potential buyers are looking at several different sites, he is not sure Mr. Hill received campaign funds from the applicant but did receive campaign funds from him. The Growth Management Director read staff recommendation for approval of the zoning to CR on first reading, citing consistency with all regulations and approval by Planning and Zoning. Mayor Gillmor said this is a first reading, said he would vote against it because it did not feel right to him, stating if you do for one you should do it for others and it sounds like a deal and the City shouldn't be making deals. Mr. Wolff said he is frustrated, this has taken an hour and now we hear the land is for sale, first we hear it isn't for sale and then we hear it is, we thought we put this behind us with the auction, the applicant should pay for the annexation and it doesn't feel right. Ms. Simchick said this is not about the applicant but staff, the City created the enclave, but agreed she thought we had gotten behind this with the auction situation. MOTION by Ms. Simchick and SECOND by Ms. Coy to approve on first reading Ordinance No. 0-09-11 Mustacchia property zoning amendment and schedule second reading and public Hearing for July 8, 2009, three acres west of US 1 between Shady Rest MH Park and St. Sebastian Church. Ms. Coy said it was her intention to have a conversation with staff and Council was not precluded to approve but it can be ironed out on July 8th. She apologized to the Kings and said they should not have to be subjected to this. 11 Regular City Council Meeting June 10, 2009 Page Twelve Mr. Hill agreed and then reminded everyone again that this ordinance has nothing to do with fees for annexation. Result of the roll call: AYES: Coy, Simchick, Hill NAYS: Wolff, Gillmor Passed 3-2 Mr. King thanked Council, said the property is not listed but there is an interested party with whom his agency is negotiating, his agent has had a long term relationship with this buyer, noted the use intended could bring sixty jobs to Sebastian when they find a property that will suit them. He said the party has spent $70,000 in engineering fees so far trying to find a property. He asked for direction and questioned whether the City Manager had authority to negotiate on behalf of Council. Mr. Wolff said what he found it difficult to get a grip on is the property will sell for millions of dollars, that they have spent $70,000 on engineering but can't afford the application fee. Mr. King said his numbers are way off and the number being negotiated is under a million, that it is not a matter of not being able to afford the fee, and said if his company makes a deal he stands behind it. Ms. Simchick said Mr. King wants to know what to tell his client, Council's issue was with staff, and she asked the City Attorney if Council waives this fee, will it set a precedent. The City Attorney said each property is unique, because this has three sides touching City property and US 1 on the other side, if someone came up with the same circumstance they could maybe point to this, but other than that no. Ms. Simchick said since staff did this, Council needs to make it right, that she was not happy with it but that she will talk to the City Manager later. Mr. King said if we are going to end this, let's end it now and not drag it out. He offered that his client may be willing to pay the advertising fee. Ms. Coy said Mr. Minner got us into this and should get us out of it. Mr. Wolff said now that we understand the entire story, he felt that perhaps we should just eat the $3300 and go forward. Mr. King said this annexation started before he ever started dealing with this client. Mayor Gillmor suggested at least being revenue neutral and having them pay $1000 or something in good faith;. Mr. Hill said it was a matter of principle, and maybe it was not a mistake, asked if we are going to stand behind what staff did and suggested we can discuss later whether a mistake was made. Ms. Simchick said waiver of fees should only be staff recommendation and ultimately Council should make the decision. 12 Regular City Council Meeting June 10, 2009 Page Thirteen The City Manager requested to speak on the issue, stated there should have been a disclaimer in there, that staff made the error but he takes responsibility and said the buck stops at his desk, said it was unfair to say that this has happened twice, noting staff must make determinations in its dealings with the public, and asked Council to stand in staffs shoes before it passes judgment. He said if there was an error in this it was that it was not presented to Council properly and he would take responsibility for that, but if Council had asked questions before the meeting about the waiver he would have pulled the item or given more detail. He said staff has been asked to do more with less, cut taxes, cut staff and diversify revenue. He said Growth Management brings only 1 % of the general revenue funds and if we doubled application fees it would still be less than 1 %. He said the benefit to the City in the short term would be $2300 and if the property sells for about a million all one had to do was do the math. He said as to comments that this doesn't feel right, his management has shown his respect for Council, said when we do annexation or land use or zoning, we don't pick out what the use is going to be, that is not the topic of conversation because when you change to a City CR zoning designation there is a litany of things that property can become and read from the LDC. He reminded Council they have discussed economic development incentives to fast food restaurants to come develop, staff had an opportunity to grow the tax base. He then discussed whether this is considered an enclave. He reiterated we had full justification for what was done and would take full responsibility for whatever errors are seen to have been done. He said he did not want anyone to walk away feeling like we cannot be creative and think outside the box and would speak with Council and accept whatever criticism they may have. Ms. Coy said she appreciated the explanation and would throw her full support behind staff. Mr. King said the Growth Management Director was aware that his agency has several clients who are seeking properties and he had asked what would be allowed. He said the department has had many conversations with interested parties and have always worked in the City's best interest to bring in business. 09.102 F. Consider Mayors.TV - CGI Video Program -Community Image Marketing 199-222 Broadcasts (Memo dated 6/3/09 Other City Website Examples City Public Broadcast Policy) This item was removed during agenda modifications for more information. 09.103 G. Request for Removal of Two Liens for 111 Arcadia and Two Liens for 1245 223-237 George Street (City Manager/Code Enforcement Transmittal Property and Lien Documents) This item was removed during agenda modifications for attendance by the individual who made the request. 13 Regular City Council Meeting June 10, 2009 Page Fourteen 13. CITY ATTORNEY MATTERS -None 14. CITY MANAGER MATTERS 09.104 A. Report on South Sebastian Greenway Corridor from Thunderbird Drive to Kildare 239-245 Drive (County Application for Transportation Enhancement Projects) The City Manager gave a brief report on the proposed greenway corridor, noting he had offered to help out with maintenance if greenway funds are brought to Sebastian. 09.019 B. Farmers Market Update (No Backup) The City Manager reported that no proposals had been submitted in response to the RFP, that he will contact people who expressed prior interest and come back with a report to Council. 15. CITY CLERK MATTERS -None 16. CITY COUNCIL MATTERS A. Council Member Simchick Ms. Simchick thanked staff for the signs at the new 162 acre Stormwater Park, urged people to go visit the park, and discussed the possibility of a blue way plan with a kayak and canoe launch area for amulti-modal system. Ms. Simchick discussed a letter Council received regarding the automatic defibrillator donated by the Abt family at Barber Street Sports Complex, specifically accessibility which the City Manager is looking into. Ms. Simchick discussed Mary Ann Krueger's concerns for the herbicide spraying of the pond near her home by Mr. Eggleston, said that he had sprayed five times in two months which she herself found excessive and said that she will be following up with DEP on the issue to determine if there is excessive spraying happening. B. Council Member Wolff Mr. Wolff asked if there was liability to the City due to the location of the automatic defibrillator in the City Park and the City Attorney responded the City's responsibility is to act reasonably, the issue has been raised as to where the defibrillator should be and the requirement is that the City act reasonably. He suggested if the AED were to be moved there should be some signs indicating the specific location. Mr. Wolff expressed concern for the design of the new pedestrian bridges, citing the danger of children using it as a ladder and sitting on the top rail. The City Manager said staff looked at it and were advised that the bars are there for safety and for structure. He said he would provide a written correspondence to that effect for Council. 14 Regular City Council Meeting June 10, 2009 Page Fifteen C. Mavor Gillmor Mayor Gillmor reiterated Mr. WolfPs concern about the bridges. He announced the public forum he and Commission Chairman Davis will conduct on Tuesday, June 16 from 6 pm to~ 7 pm in the Council Chambers, noting they will discuss the proposed sidewalk which is planned north of the city limits on Indian River Drive. D. Vice Mayor Hill None. E. Council Member Coy Ms. Coy urged residents to clean up after their pets in City parks. 17. Being no further business, Mayor Gillmor adjourned the meeting at 9:41 p.m. Approved at the June 24, 2009 Regular City Council Meeting. Richard H. Gillmor, Mayor ATTE T: ~~C ` ~ --- Sally A. Mai , MMC -City Clerk 15 FW: Annexation in Sebastian Page 1 of 1 John King From: Rebecca Grohall [RGrohall@CityOfSebastian.org] Sent: Tuesday, March 24, 2009 12:01 PM To: jking@realtyking.com Subject: FW: Annexation in Sebastian John - Email and attachments for Mustaccia annexation. From: Rebecca Grohall Sent: Monday, March 09, 2009 10:47 AM To: tiames_mustacchia@hotmail.com' Subject: Annexation in Sebastian Jim - I apologize for not sending you this earlier. I have completed the analysis of your property based on your most recent assessed values (the property appraiser's office is projecting a reduction this coming year in assessed values but they probably won't calculate that till this summer). The first analysis is your current ad valorem assessment, the second one is the assessment if you were to annex into the City. The application fees are $3,750 total. I've spoken with the City Manager who has agreed that the City will waive the annexation fees to offset any increase in ad valorem in the short run, however, this offer has a limited time frame - an application should be made within the next 3 months to take advantage of the waived fees. «m ustach ia_taxes. pdf» The City application for annexation consists mainly of a letter requesting annexation and survey. The City requires an application made for the rezoning and change of land use - we would establish a change from the County's zoning/land use. Those forms are here: http://www.cityofsebastian org/pdfs/Comprehensive%20PIan%20Amendment%20%20Land%20Use pdf http~//www cityofsebastian org/pdfs/Rezoning_pdf http://www.cityofsebastian.org/PDFs/GM PERMITFEES.pdf I'll be out of the office till Wed. but available after that if you have questions. Rebecca Grohall, AICP Growth Management Director City of Sebastian rgrohall~cityofsebastian.org (772)388-8228 6/10/2009 County taxing authority emergency serv dist florida inland nav county general fund hospital district mosquito control land acquisition bnd land acquisition bnd 04 county municipal serv school bond school local cap improvement local effort school -state law sebastian inlet St. John's River WMD Annexed City taxing authority emergency serv dist florida inland nav county general fund hospital district mosquito control land acquisition bnd land acquisition bnd 04 City school bond school local cap improvement local effort school -state law sebastian inlet St. John's River WMD rate 1.7148 0.0345 3.0689 0.7560 0.2175 0.1357 0.2863 1.0804 0.2800 1.7500 0.6000 4.4100 0.1124 0.4158 14.8623 rate 1.7148 0.0345 3.0689 0.7560 0.2175 0.1357 0.2863 3.3456 0.2800 1.7500 0.6000 4.4100 0.1124 0.4158 17.1275 taxable value taxes levied $675, 350 $1,158.09 $675,350 $23.30 $675,350 $2,072.58 $675,350 $510.56 $675, 350 $146.89 $675,350 $91.64 $675,350 $193.35 $675,350 $729.65 $675,350 $189.10 $675, 350 $1,181.86 $675,350 $405.21 $675,350 $2,978.29 $675,350 $75.91 $675,350 $280.81 $10,037.25 taxable value taxes levied $675,350 $1,158.09 $675,350 $23.30 $675,350 $2,072.58 $675,350 $510.56 $675,350 $146.89 $675,350 $91.64 $675,350 $193.35 $675,350 $2,259.45 $675,350 $189.10 $675,350 $1,181.86 $675,350 $405.21 $675,350 $2,978.29 $675,350 $75.91 $675,350 $280.81 $11,567.06 TO: Members of the Sebasti City Council FROM: AI Minner, City Manage RE: STORMWATER PON YING DATE: Wednesday, June 10 20 At the request of Council Member Simchick, I have pulled the latest a-mail correspondence between the City (Margie Reynolds), Bill Eggleston and Mary Ann Kruger. Please let me know if you have any questions about this material. Alfred Minner From: Margaret Reynolds Sent: Monday, June 08, 2009 4:04 PM To: Alfred Minner Subject: FW: [spam] Re: Spraying Below is the email sent to Mr & Mrs Kruger to follow up my visit to their home to discuss the spraying. Invasive vegetation removal is best conducted as often as needed to control the vegetative growth/regrowth. Following the application recommendations (required by law) for licensed applicators, this can be done on a weekly basis during the growth season (spring/summer) and repeated again in the fall if necessary. The formula that is being used has an EPA limit of 10 oz per gallon our applicator is using 2 oz per gallon. Because he missed Saturday (Memorial Holiday weekend) and last Saturday, (2 weeks in May) I sent notice that it would be possible that spraying would be conducted on June 6 and would notify them if this was scheduled. I was out sick on Friday, and unfortunately was not able to notify them absolute. I have the file that contains the email notifications, etc. Thanks, Margie Reynolds Environmental Planner City of Sebastian -----Original Message----- From: Margaret .Reynolds Sent: Monday, May 04, 2009 11:22 AM To: 'Marv & Mary Ann Krueger' Cc: Alfred Minner; Bill (E-mail 2) Subject: RE: [spam] Re: Spraying Hi Mary Ann, Thanks for the fax copy of the news article and the diquat dibromide information. Mr. Eggleston is not using diquat, I provided you a copy of the MSDS sheet of the chemical Aqua Neat that gives the information on what he is using. As I had mentioned before, we only use the airboat spraying on surface water stormwater treatment facilities in our City and we do not have any plans to use the airboat at this facility because Mr. Eggleston is maintaining the invasive vegetation. when he sprays these species, pennywort, cattail, torpedograss, etc (there is a list in the book I provided to you) it provides part of the basic maintenance of the stormwater treatment facility, and provides treatment of stormwater runoff from the urbanized areas, which is a requirement in the State of Florida. I teach stormwater education to our citizens to assist in minimizing urban contributions to pollutant loadings into our waterways, which in reality, if there were no discharges of any pollutants (non-point source) then spraying vegetation could eventually be eliminated. I will be happy to let you know when the next class is scheduled. I will continue to provide to you notice of the spraying activity as it occurs. If you have any questions, please feel free to give me a call. Thanks, Margie Reynolds Environmental Planner City of Sebastian -----Original Message----- From: Marv & Mary Ann Krueger [mailto:mpkru234@bellsouth.net] Sent: Friday, May O1, 2009 6:09 PM To: Margaret Reynolds Subject: [spam] Re: Spraying Importance: Low Prove to us that this pond needs spraying. Tell us exactly what weeds, what poisons, and what would happen legally if the city did not spray. And we would like to know how much actual dollars are being saved the taxpayer. Mr. Terry Hill who engineered this pond did not think much of it as a stormwater pond. He died very young from a very bad cancer. He is Jim Hill's father. There are children playing in the dry pond. Who is going to keep them out or do you agree with the statements of the county in Thursday's paper that "you can drink the stuff. Did you see the complaint re the dead fish after spraying Diquat? the person reporting it was Billi Wagner..a very noted conservationist. You are telling us that we will hve to keep our home shut up for hours. What is that going to do to our energy bills? Do not think you should threaten us with the "airboat" No matter how spraying is done it is illegal to have drift. You people are unbelievable! Have you no pity or common sense? You are making us feel like migrant workers I would think that after reading T burs. paper you would do your homework before continuing allowing this numnuts to continue exposing us and the birds to this continued harrassment. He is as unprofessional as I have ever seen. Of course your city "low on the totum pole" people are no better. they are out there exposing everybody and themselves including children all the time. You cannot call yourself a conservatioist and Condon herbicides. Since you do not seem to read the paper I will fax the article to you. If he is out there tomorrow and it is windy ............. Mary Ann and Marv Krueger ----- Original Message ----- From: "Margaret Reynolds" <mreynolds@CityofSebastian.org> To: <mpkru234@bellsouth.net> Cc: "Alfred Minner" <aminner@cityofsebastian.org>; "Bill (E-mail 2)" <egglestonwilliam@bellsouth.net> Sent: Thursday, April 30, 2009 1:38 PM Subject: Spraying Hi Maryann, Sorry I missed you the other day. We worked out a plan which will require notification of spraying events. The spraying schedule is as follows: Beginning this Saturday and each Saturday morning (weather permitting, wind, rain) for about 3 hours until the end of May. He may need to substitute Sunday, if the weather isn't cooperative on Saturdays. No Holidays. This will be to remove the invasive aquatic vegetation in the middle of the stormwater pond and along the sides, while it is dry. As I had mentioned, we are required to manage the aquatic vegetation in all of the city's stormwater facilities. Please jot down my phone number, I usually have it on during the weekends. 453-5218, my office is 388-8212 during the week in case you have further concerns. After the end of May, the next spraying will be conducted in October or thereabouts and once about every 2 months during the high water season. He will not be spraying on the surface water during this season. I will contact you each time he plans to spray to keep you notified. Thank you for all your assistance, and if I can answer any of your questions, please feel free to contact me. 2 Alfred Minner From: Margaret Reynolds Sent: Wednesday, June 10, 2009 4:38 PM To: Marv & Mary Ann Krueger (E-mail) Cc: Alfred Minner Subject: Spraying Hi Mary Ann, I apologize for not being able to get with you this past weekend. I was under the weather. I had mentioned on my previous email that spraying would probably occur on June 6, and I wasn't able to let you know absolute. This weekend there will be no spray treatment. The following Saturday, June 20 we need to spray the Alligator Weed it is getting out of control, and one of the worst stormwater pond weeds in the State. This will be the final seasonal spraying until the Fall season. For proper maintenance of stormwater facilities these invasive species need to be erradicated during their growth season which is Spring/Summer and again in the Fall. If, during the Summer we have a problem with flooding, clogging, or massive growth of invasive vegetation, we may need to spray again but it seems unlikely due to the sufficient applications and treatment conducted so far. Thank you for your email, and your voice mail concerns, as always, I will keep you posted. Thanks, Environmental Planner City of Sebastian