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HomeMy WebLinkAbout02232011City Council Present: Mayor Jim Hill Vice -Mayor Don Wright Council Member Andrea Coy Council Member Richard H. Gillmor Council Member Eugene Wolff SE '`ST N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 23, 2011 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the regular meeting to order at 6:32 p.m. 2. Pastor Bill Brothers of the New Life Baptist Church gave the innovation. 3. Mayor Hill led the Pledge of Allegiance. 4. ROLL CALL Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Deputy Police Chief, Greg Witt Police Captain, Bob Lockhart Parks Supervisor, Chris McCarthy Public Works Assistant, Linda Kinchen Fleet Superintendent, Greg Schmidt MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 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. 11.020 A. Certificate of Appreciation to Keith Srinivasan Planning Zoning Commission Service Mayor Hill read and presented a certificate to Mr. Srinivasan. Regular City Council Meeting February 23, 2011 Page Two 11.027 B. Certificate of Appreciation to Barbara Salmon Natural Resources Board Mayor Hill read and presented a certificate to Ms. Salmon. Brief Announcements Mr. Gillmor invited the public to a grand opening of the Sebastian River Art Center, March 4, 4 -7 pm, including a reception of internationally known artist Fritz Van Eden. He said the Art Center is open Tuesdays and Thursday 11 am to 3 pm. Ms. Coy reported as a result of the senior forum in the Chambers, there are two new Bridge groups at the Yacht Club on Wednesdays and Thursdays from 9:30 am to 12:30 pm and for more information people can call MJ at 532 -8035, and for people interested in playing Bunco, they can call Kelly DeLeong at 469 -2062. She briefly touched on recent articles in the newspaper about Veterans groups collecting money that is not all donated to veterans and asked about the effect of Council direction that no more permits be given, and the City Manager confirmed since the changed policy, everything seems to be okay. 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. 5 -19 A. Approval of Minutes 2/9/11 Regular Meeting 11.001 B. Resolution No. R- 11 -05 Acceptance of a Right of Way Encroachment (GMD 21 -28 Transmittal, R- 11 -05, Spec, Photos) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ACCEPTING A RIGHT OF WAY (R.O.W.) ENCROACHMENT FOR CITY OWNED PROPERTY LOCATED AT 1540 INDIAN RIVER DRIVE; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 11.028 C. Approve the Sebastian Rotary Club 5 Annual 2011 Home and Garden Show at 29 -34 Riverview Park on March 26 27, 2011 from 9 am to 5 pm and Approve Beer Sales at Riverview Park for the Sebastian Rotary Club 5 Annual 2011 Home and Garden Show at Riverview Park on March 26 27, 2011 from 9 am to 5 pm (Parks Transmittal, Letter, Application) 11.029 D. Authorize the Purchase of a Hydraulic Mini Excavator from Ring Power CAT 35 -59 in the Amount of $113,797 Based on the Florida Sheriffs Association Specification #57 Bid #10 -18 -0907 (Public Works Transmittal, Quote, Contract) Mr. Wolff removed items B D. MOTION by Ms. Coy and SECOND by Mr. Wright to approve items A and D passed on a voice vote of 5 -0. 2 Regular City Council Meeting February 23, 2011 Page Three Item B In response to Mr. Wolff, the City Manager cited packet circle page 25, noting they want to use the front door as an architectural embellishment, and the old plat has the building right up to the right -of -way line, said this agreement was a better method than a variance and there will still be a distance of three feet to the sidewalk and ten to thirteen feet to the edge of the road. He cited other examples for older buildings on Indian River Drive, Earl's Hideaway, and Chill and Grill. MOTION by Mr. Wright and SECOND by Mr. Gillmor to approve item B passed on a voice vote of 5 -0. Item D In response to Mr. Wolff, the Garage Supervisor explained they had not considered the Indian River County auctioned items as they have met their life cycle and it wouldn't be in City's best interest, explained the functions of some of the other brands looked at, noting the CAT had the best swing radius and had service within twenty miles which would keep travel costs lower, and explained that the additional cost for freight for the non contract items, the swivel head and diamond head, was due to the fact that the company does not keep them in stock and they have to pay the freight cost as well. Mr. Wolff said it is unfortunate that government agencies can't negotiate these items as the private sector can. MOTION by Mr. Gillmor and SECOND by Mr. Wolff to approve item D. Result of Roll Call Ayes: All Nays: None Passed 5 -0 8. COMMITTEE REPORTS APPOINTMENTS none 9. PUBLIC HEARINGS none 10. UNFINISHED BUSINESS none 11. PUBLIC INPUT Tina Cavros, Sebastian, said she had received a call from the City Manager on her concerns about Yacht Club parking but wanted to know how long it would take to be resolved. Mayor Hill told her this would be discussed under City Manager matters. Ben Hocker, Sebastian provided CDs for each member with photos he had taken showing various parking related problems in the area of Mulligan's restaurant, such as parking trucks, valet parking, employee parking and tour boat customers using the Yacht Club, and carrying fuel from the Yacht Club parking lot to the tour boat. He said he had asked the owner if a fence could be installed but was told wouldn't be needed, that all deliveries will come to his own parking lot. He said he had been told by employees that Mulligans had reduced staff hours in Vero and those are the ones who are working in Sebastian so it didn't benefit us by increasing the workforce. 3 Regular City Council Meeting February 23, 2011 Page Four 12. NEW BUSINESS 11.030 A. Approve the First Amendment of the Aviation Lease Agreement between 61 -84 the City of Sebastian and Sebastian Aero Services to Transfer Control and Management of Tie Downs (Airport Transmittal, Request Form, Lease, First Amendment) The Airport Director explained that just prior to when Sebastian Aero Services changed hands, we were in negotiations with the previous owner for tie downs. He said the new owner wanted to revisit tie -downs so it has been brought forward to Council in the form of a first amendment to lease agreement. MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve the first amendment to lease agreement for Sebastian Aero Services. In response to Mr. Wright, the Airport Director updated Council on the fuel facility issue, noting that the previous and new owners were not interested and their cost is undercutting the City by 30 cents a gallon. Result of Roll CaII Ayes: All Nays: None Passed 5 -0 11.031 B. Resolution No. R -11 -04 Airport Lease Agreement Between the City of Sebastian 85 -109 and Pilots' Paradise USA (Airport Transmittal, R- 11 -04, Agreement, Business Plan) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND PILOTS' PARADISE USA; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. THIS DOCUMENT CONTAINS TWO PAGES. The City Attorney read the title of Resolution No. R- 11 -04. The Airport Director said this use was similar to that of REMOS, whereby they will be utilizing office space in the new building. MOTION by Mr. Gillmor and SECOND by Mr. Wright to approve Resolution No. R- 11 -04. In response to Mr. Wolff, the Airport Director said the area was approximately 232 square feet at a cost of $250 per month and $100 for utilities, didn't see any need for first last and deposit, since the lease was on a month to month basis, said going forward we are interested in renting the entire wing, and this lease holds zero risk. Ms. Coy noted Council had received an anonymous fax today which alleges the entity is not legitimate. She asked if staff was satisfied they were legitimate. The Airport Director said the Guiding Documents allow leases with sole proprietors and they are not required to register with the State. Mr. Wright noted the lease is signed by Oliver Fisher, who assumes all liability as the lease holder, and it is favorable for the City not to be dealing with a corporation which can be dissolved. 4 Regular City Council Meeting February 23, 2011 Page Five Mr. Wolff asked what liabilities he assumes, and Mr. Wright responded that Oliver Fisher is responsible for liabilities as a result of operations. Mr. Gillmor asked if we wanted to lease out the whole wing, and REMOS is also month to month, if some large company comes and wants to lease, could we terminate REMOS and Pilots Paradise USA. The Airport Director responded that is why we want to do month to month for now. Result of Roll Call: AYES: All NAYS: None Passed 5 -0 13. CITY ATTORNEY MATTERS none 14. CITY MANAGER MATTERS 11.021 A. Parking Survey Update March 9 Meeting (no backup) The City Manager explained he would like to place this on the March 9 agenda, have discussion and solidify some of the Parking Survey recommendations such as paving the presidential streets, on street parking, landscape and design improvements. Mayor Hill asked him to address issues at the Yacht Club, such as delivery trucks using the lot to unload. The City Manager said he and staff visited the site and have come up with some ideas which can hopefully be accomplished in the next weeks. He said ingress /egress markings are there but difficult to see, and staff will try to delineate that better, that there are signs directing people to the splash pad area overflow parking which staff will try to improve upon with additional directional signage. He said as to handicapped accessibility on the boat ramps, the City had extended the north ramp to the walking pier to create an area where people could tie up to free up the ramp access, however, people are now not prepping their boats before they tie up to the finger pier extension and this is creating a situation in which handicapped users cannot get to it. He said they intend to install a five minute parking sign on the finger pier extension. He noted the Yacht Club is grandfathered and does not have to meet ADA requirements, that we could tackle the Main Street boat ramp but those ramps are high and the water shallow. He said there is consideration of a cantilever off the Yacht Club south pier side, but that would take time because staff has to deal with DEP on grass issues. He said he did not have a time line and will get with Engineer Frank Watanabe. Mayor Hill asked him to address trucks loading at the Yacht Club. The City Manager said that we had the same issues with Flagship and Hula Grill, and he had spoken with Mr. Hart, who told him he would look at alternatives to the valet and employee and loading issues at the Yacht Club. He said Mr. Hart bought parking credits, we really can't limit where the credits are, noted this will be a problem until we make other parking improvements in the riverfront, and that a fence may be a legitimate fix. 5 Regular City Council Meeting February 23, 2011 Page Six Mayor Hill said the City has done a lot to get Mulligan's in there and it is not unreasonable for us to talk to him about some of these issues and have them handled by the owner, for example trucks parked in the Yacht Club. He said he has parked in the area to see the activity, and it is busy but not crazy, and there are spaces available. He said the good thing is people are walking the riverfront which is what was envisioned. Mr. Wolff asked in regard to Mulligans valet and public parking, when you enter the Yacht Club parking lot, you don't have to be involved in only the use of the boat ramp or the building. The City Manager said that is correct, there are four boat trailer spaces and the rest is car parking. He said Mr. Hart needed 70 spaces, he had 30 so he paid us for 40, and so all public parking is fair game, but he recognizes if he can have valet and employee parking a little further away, he helps relations with the City. Mr. Gillmor asked if we got a grant for the finger pier at the Yacht Club, and the City Manager said we sent off a grant application for a mooring field and finger pier to Fish Wildlife, and while waiting for a response, he was advised that it is subject to approval at the Federal level, so it hasn't been approved yet. He said he would contact the State Fish and Wildlife representative. Mr. Gillmor asked about signage permits for US1, and the City Manager said we have been penalized by not following DOT's new rules, so it may take a bit longer to obtain. Mr. Wright asked for an update on Laconia Street. Update on Resolving the APAC and Asphalt Recycling Resurfacing Matter The City Manager said he had sent an email to Council at 5:53 pm today (see attached) summarizing a meeting that took place with John Hooper, Michael Harrell and Ted Paczinski and at which significant progress was made. He summarized the fixes discussed, 1) installing overlay over everything, which could, because of existing deficiencies, be mirrored in the overlay, so there would be appearance of defect, and the more you build up the more drainage issues you would have and then we would have to fix concrete issues; 2) a DOT approach which is mill and fill, mill what is there, and put in 1 1 /2" fill, which will show seams but will be structurally correct. He said APAC and Asphalt Recycling have agreed to pay $56,000 for the mill and fill repair. He said the downside is, we don't want the community upset because there will be seams and discoloration, but that will fade over time. He said they have agreed to an extra year warranty. He further said we have an option to overlay to have a better street that would cost $80,000 to $100,000. He said he would be meeting with APAC and Asphalt Recycling next week to see if we are on the same page, mark the areas for repair and check figures to see if the $56,000 is correct. He said he hoped the repair would be complete by March 31, and would report back at the March 9 or 23 meeting. 6 Regular City Council Meeting February 23, 2011 Page Seven Mr. Wright said he thought this mill and fill solution was reasonable and would rather use additional funds if they are available to do the presidential streets rather than overlay again. Mr. Wolff asked if the City would have much leverage down the road with the additional one year warranty. The City Manager said it is really just a good faith effort. He said his concern is we want the street to look nice but a keen eye will see the seams, and though we have not given up our contractual right that we deserve the right finish, but when they satisfy us structurally he did not think we can ask for an overlay look. Mr. Wolff said structure is the important thing, noting streets can be marred by spilled paint. The City Manager said once complete, he will come back with a full report and express where all the rights and wrongs were made, but it is not appropriate now. He said Mr. Hooper has restored his faith, and Mayor Hill said the key is we get what we paid for. 15. CITY CLERK MATTERS none 16. CITY COUNCIL MATTERS A. Vice Mayor Wright Mr. Wright noted in the minutes of the last meeting Mr. Wolff asked if anyone can prove that the Collier Creek project was originally an assessment project, so he had minutes pulled, which he provided to members of Council (see attached), and said he wanted to set the record straight that it was initially an assessment project going back to 2003. He then reported he threw out the first pitch at Sebastian River High School's baseball team opening game filling in for Mayor Hill, and it was great to see young people and their skill, noting they won that game and are now two and one and have matched their wins for last year. He also reported on Little League opening day at Barber Street Sports complex, another indication of how nice it is to be in Sebastian. Mayor Hill thanked him and said Little League does a wonderful job. B. Council Member Coy Beach Shores Update (no backup) Ms. Coy asked Beach and Shores Committee Member Mayor Hill to give an update. Mayor Hill said the County is in the final stages of the current beach renourishment, and the mines are unable to produce enough sand to complete the project, so the County will have to redesign from Treasure Shores Beach north. He said ultimately the County Commission will have to decide whether to dredge or redesign but there will be a gap in the project. Ms. Coy shared some of her personal feelings about beach renourishment, that six years ago she was a member of the committee and was concerned about the cost to taxpayers, and kept asking about barrier reefs and consistently the committee said they wanted sand. She said the composition of the committee is overwhelmingly barrier 7 Regular City Council Meeting February 23, 2011 Page Eight Hill, Mayor island folks and her concern is they don't represent the taxpayers. She said Commissioner Peter O'Bryan is chair and she has spoken with him and said she would like the committee to look at the technology of putting reefs out there, noting it worked for Vero Beach. Mayor Hill said project has sailed, the focus of the committee is on the project at hand. He said County staff is looking into grant money to offset the project and it can't be halted, noted there is a Sebastian Inlet District rep on the Committee and Mr. O'Bryan is a marine biologist and the barrier island members do have an interest in cost saving with the least amount of taxpayer assistance. Ms. Coy said it is time to start looking to other areas with similar situations. Mayor Hill said he would take her ideas to the next meeting of Beach and Shores and ask what they are doing going forward, but noted this is the first project allowed by DEP to use inland sand. Mayor Hill invited other Council members to report on their individual committees under Committee Reports. C. Council Member Gillmor Mr. Gillmor reported on the Treasure Coast League of Cities, citing last year's grant to Michael Corbitt for Workforce, and the $500 education grant for each city. He said TCRLC currently has about $15,000 to $20,000 in its budget and would be considering grants at its next meeting March 16 He reported on a meeting with the City Manager and Jones Jones Advertising in regard to advertising cities along the Treasure Coast, said they would be invited to the next TCRLC meeting and suggested we could invite them to address City Council as well. He read from an email received from the TCRLC website email contact request, to which the City Clerk, as secretary to TCRLC had responded and said he had volunteered to take those contact requests. He suggested he could ask Jones and Jones to come to the next meeting, and we could discuss whether it would make sense for us to have someone advertise for us. Mayor Hill said he was certainly willing to listen as long it is free, and Mr. Wright said he is always interested in hearing someone's presentation. Mr. Gillmor said he hadn't contacted them yet, but is planning to ask them to make a presentation at the Treasure Coast Regional League of Cities meeting. D. Council Member Wolff Mr. Wolff said he too researched the minutes, learned he was wrong and that Collier Creek project had started out as an assessment issue, and that he got involved after Mr. Moore left and when Mr. Minner was hired. E. Manor Hill none 17. Being no further business, Mayor Hill adjourned the regular meeting at 8:02 p.m. Approved t the March 9, 2011 regular meeting. a-4) /n- 4' ATTEST Sally A. Maio, MC City Clerk 8 April 9, 2003 Canal Seawall Enhancement Policy I. Introduction by City Manager The City Manager briefly introduced the item, noting that there has been some input from citizens that there had been a policy established by former Council in the early 80's, however, no policy had been located upon review of City records. II. Presentation of Options by Department of Engineering The City Engineer distributed backup regarding Cape Coral's seawall and canal program, and addressed City Council on the matter, citing his discussions with other cities with canal issues. He stated if seawalls were to be fixed they would be so for aesthetic or hydrologic reasons. He further described the hydrologic quantitative and qualitative considerations, the bottom line concern being the pollutants being discharged into the St. Sebastian River. He said best management practices could include involvement of St. Johns River Water Management District. Policy options are either fix them or don't fix them, and by not fixing them it is not clear what the outcome would be. He said fixing either all of the seawalls or some of the seawalls also has to be considered. He discussed methods for fixing the seawalls and cited the most cost effective and aesthetically pleasing would be a rock revetment. He said he would have to talk to SJRWMD to first determine their position on hydrologic needs. He said a meeting with them will be scheduled within the next two weeks. The City Attorney said there is a twenty -year policy, which is actually not in City law but is written in state law, and that it is a landowners' responsibility to take care of their property. He said what should be in the City's law is at what point do property owners need to repair their property. He said the City could enact the nuisance law to provide for repairs to be made or else the City can go in and fix it and charge them for the repair. He described how the canals were deepened during development and seawalls were established to protect the houses. He said this law has been looked at three times by reviewing GDC deeds during the 80's, and twice in the 90's. He described special assessment programs which more specially benefit individuals than the general public, and which would come in to play in this situation. He said there should be guidelines written for how seawalls should be kept, an assessment program might be looked at, all the while taking into account what the hydrologic benefit might be, thus considering that the City might want to take part in the program. The City Manager said staff has the ability to come back with future recommendations relative to a pro rata program and also look to SJRWMD to participate with hydrologic quality concerns and funding. He also agreed with Mr. Stringer that a policy should be established. Options for Financing Questions by City Council City Council discussion followed and there was concurrence to establish a written policy. The City Attorney suggested that the properties to the north were more in need of repair, and that area would be the focus once guidelines were in place, that repairs have been basically piecemeal up to this point. The City Engineer said if the seawalls are not fixed, it is unknown how many properties are in jeopardy if there was a collapse. 1 Public Comment Mickey Groeppler, said she had never heard that it was the property owners' responsibility to maintain the seawall, said she had heard that the seawalls may be constructed of asbestos, and asked why the water supply has been stopped on the north side of CR512. Scott Harloff, asked where the law is located in State statutes. The City Attorney said it is in case law, and Mr. Harlow was advised to contact the City Attorney. He inquired when it had been stated and was given a copy of 1997 minutes. Bill Ingui, asked that when staff meets with SJRWMD they determine whether asbestos in the concrete can become waterborne. The City Manager said those issues will be addressed. Mr. Ingui asked if his plat map shows that he did not own a portion that he had to purchase from the City several years ago. He further cited a settlement agreement with GDC that turned over property along the canals to the City. The City Attorney said where the canals are in right -of -way, people could not just come in and do repairs, it would have to be a City project, but the financial responsibility would be that of the adjoining property owner. The City Manager said the only area where there is a mix of public /private concern is in the area north of CR512 on Collier Creek. Frank Garland, discussed people on Ponoka Street that are upset about the thought of them having to repair their seawalls. He discussed his circumstances with the seawall abutting his property and the assurances he received from everyone involved in his purchase that the City owned the seawall. It was the consensus of City Council to direct staff to proceed as discussed at this meeting to establish a written policy. A voice vote carried. Jean Gillette, Joyhaven Drive, agreed an ordinance is needed, requested the repair contract be a sealed bid process to more than one contractor, with minority contractors included, a public hearing to discuss the price, if a price cannot be determined, a 50/50 homeowner and City responsibility be established. May 28, 2003 B. Department of Engineering Presentation Regarding Partnerships with St. Johns River Water Management District (no backup) The City Engineer reported the following: St. Johns River Water Management District (SJRWMD) endorsement of the master plan should be received by end of summer, and further discussed conversion to Miami curbs, wet detention facilities, capital improvement plan scheduled for approval on June 11th, and the fact that the City is in good stead with SJRWMD. 2 Eric Groetke, CDM, the City's stormwater consultants, reiterated the City Engineer's presentation, discussed funding opportunities, said that two EPA 319 grants are being pursued and will come back for Council approval, that a SJRWMD grant was submitted today for seawall replacement and dredging in the north area, and cited that canal repair will offset concerns with the Miami curb system which would require filling in swale areas. The City Manager said he will be coming back to Council for amendments to the Capital Improvements plan and authorization for the 319 grants. The City Attorney stated SJRWMD said after the Stonecrop grant the city would not be eligible for further funding, however, they now say that Sebastian is one of the most forward thinking in terms of stormwater issues. City staff and stormwater consultants were commended for their work. August 13, 2003 Mickey Groeppler, Wimbrow Drive, asked about process of collapsing seawalls on Collier Creek from Fleming north. She said there are sinkholes forming adjacent to the seawall and eroding soil. She said in fourteen years there has never been any maintenance to the seawall, and asbestos is getting into the water. The City Manager said the City is working with St. Johns River Water Management District on a partnership, but received a letter that there is no funding available to them at this time. He said some other approaches have to be made including some responsibility by the property owner. The City Attorney recommended said this will only be accomplished by a public /private mix, it is not appropriate to use general funds to repair the properties, it can't be done piecemeal and a realignment will be required, and it is becoming a liability concern. He said private property owners could never be allowed to repair those that involve city right -of -way. He suggested that Nabors, Giblin and Nickerson be brought on board to formulate a public /private plan. He said he thought they would come in and give a presentation. The City Manager said he would come back with a recommendation in the next couple of meetings or so. The City Attorney said he could contact the consultants and was advised to coordinate with the City Manager. Mrs. Groeppler asked if staff could help her with the holes that have formed in the meantime. September 10, 2003 03.06 B. Presentation by George Nickerson, Nabors, Giblin Nickerson, P.A. Relative to Funding Sea Wall Repairs (no backup) George Nickerson, P.A. advised Council on the use of special assessments and described the two requirements that must be met for use of special assessments. The requirements to be met are 1) a special benefit to property and 2) fair and reasonable apportionment of the cost. He said that all or a portion of the cost could be done through the assessment process. (see Nabors, Giblin Nickerson, P.A. handout attached to these minutes) The City Manager stated it is staff's intent to proceed with financing options to repair affected seawalls on Collier Waterway north of CR 512. The City Attorney advised that the City utilize the ad valorem method rather than a lien method, and that the City use the services of Nabors, Giblin and Nickerson, P.A. 3 April 21, 2004 E. Approve Work Authorization No. 1 Under Stormwater Engineering Contract with CDM for Collier Canal Rehabilitation and Stormwater Retrofit Project Consistent with Adopted Master Stormwater Management Plan (MSWMP) and Appropriate Not to Exceed $174,795 from Stormwater Utility Revenue Bonds Proceeds (Engineerinq Transmittal 4/5/04, Proposed Work Authorization) Staff recommended the award of the proposed Work Authorization No. 1 to CDM under their existing Stormwater Engineering contract to perform engineering services as outlined within the attached scope of work for the Collier Canal Rehabilitation and Stormwater Retrofit Project and as consistent with the City's previously adopted Master Stormwater Management Plan (MSWMP) and appropriate the funds for a not to exceed price of $174,795 from the Stormwater Utility Revenue Bonds Proceeds. F. Approve Work Authorization No. 2 Under Stormwater Engineering Contract with CDM for Collier Canal Seawall Design Project Consistent with Adopted Master Stormwater Management Plan (MSWMP) and Appropriate Not to Exceed $238,702 from Stormwater Utility Revenue Bonds Proceeds (Engineering Transmittal 4/5/04, Proposed Work Authorization) Staff recommended the award of the proposed Work Authorization No. 2 to CDM under their existing Stormwater Engineering contract to perform engineering services as outlined within the attached scope of work for the Collier Canal Seawall Design and as consistent with the City's previously adopted Master Stormwater Management Plan (MSWMP) and appropriate the funds for a not to exceed price of $238,702 from the Stormwater Utility Revenue Bonds Proceeds. February 23, 2005 05.058 B. Collier Creek Waterway Improvement Program Presentation by Representatives from Camp, Dresser McKee The City Engineer introduced Eric Grotke, CDM who gave a PowerPoint presentation (see presentation printout attached to minutes). The City Attorney said the City will be looking at some type of assessment for property owners. Mr. Groetke said some of the existing seawall material may be questionable and it would be best covered. All members agreed with option #3 for aesthetic, safety and cost reasons. (SOD) Mayor McCollum said he would like to see an educational workshop held with the property owners who will be affected by this project, not necessarily attended by Council, but by mail notification and conducted much the same as tonight's presentation. The City Engineer said staff will provide a packet when it sends out the notification. The Interim City Manager said there is a presentation by the City's financial consultants, which can take place at the same time. 4 March 24, 2005 Chief Davis opened the workshop and welcomed the citizens. The City Attorney began the meeting with a brief history on the City's drainage problems and the necessity to comply with EPA, DEP and SJRWMD guidelines. He stated the swale system was put in by GDC and it is favored by environmentalists but not homeowners. He also stated that $1.2 million was being spent each year on swale maintenance but the City still could not keep up with the needs. The City Attorney then explained that the stormwater assessment levied on homeowners could only be committed for stormwater improvements and the function of the sea walls was to allow creation of lots with fill dirt rather than to provide for drainage. He explained the sea walls cannot be fixed piece meal because an improved wall will crumble a neighboring non improved wall. He said the sea wall maintenance has long been deemed to be the financial responsibility of the homeowner. He explained per government guidelines, the City needs to improve the quantity of water flowing throughout the City and for this reason the fees were bonded to create a pool of money to make improvements. Dredging the canal is one of the projects to be done with the assessment monies. He also explained there is no land available for a ponding north of CR512, so deepening the canal while it is being dredged is one of the few options for improving water quality in this drainage basin. While in the canal for the dredging_project, it would be irresponsible to not also fix the seawall problem, so the workshop was called so that homeowners could tell staff how they feel about fixing the sea wall problem. The City Engineer then explained that his department does not make the policy but only carries it out. He said a second letter will be mailed to homeowners with options and they should mail their chosen option back to the City Clerk so she may report to Council. The City Engineer stated the Indian River Lagoon and St. Sebastian River are protected waterways and the City is expected to reduce pollutants. He also said specific goals set by the 2002 City Council when the stormwater utility began were to modify front yard swales, reduce ponding and maintenance costs. He went on to describe five options: 1- Replace existing wall with new sea wall at a high cost. 2- Stabilize the slope with (coquina) rock with a high maintenance cost 3 -Cover sea wall with sod which would increase property values. At this point he explained the City planned to deed the canal easement to homeowners so that their property increased by approximately 10. The audience cried in opposition stating higher taxes, increased pesticides flowing into the waterway, alligators in yards and more grass to cut. 4- Terracing 5 -Do nothing which may lead to active enforcement of crumbling sea walls at the homeowner expense Pete Kahle pointed out the previous city manager's sea wall was repaired for free but he was not charged by the state attorney. A question and answer period began. The City Attorney stated because the canal will be deeper and the City will receive credits for this, the City is willing to pay for all of the cost for the drainage aspects of the project and related expenses for the seawalls. 5 Pete Kahle stated the City denied him use of the canal water for irrigation, the silt belongs to every resident therefore everyone should pay, some canal residents have pool drains into the canal, the deputy sheriffs park their cars on the swales and requested the land set aside for the Boys and Girls Club be used for a pond. Eugene Wolf cited an alleged failing CDM project in New Hampshire. Bill Inqui stated he has been fighting since 1996 for repairs. He stated the City sold 2 feet of the easement to him for $900.00 so the City owns the seawall and must repair the wall. He went on to say fencing of sloped sea walls should not be an additional expense for homeowners. The City Attorney said that ownership of the walls is not the issue and said the most common use of special assessments is for paving of public streets. He then compared the potential seawall assessment to the County's water assessment where residents paid to be hooked up to County water even though the lines are without question the property of the County. Dean Kwick stated his whole yard is washed out and filled with silt and debris because he is on a corner lot. The City Attorney explained the dredging will introduce new water so the canal is not so stagnant. Art Jones didn't understand repairing all of the walls. The City Attorney stated that uniformity is needed or the weakest wall will pay dearly. Mr. Jones asked if trees must be removed. The City Engineer stated the need for another meeting and will wait to send out the second letter. He reminded the audience that stormwater projects would move forward including the dredging of the canal to comply with the assessment procedure. Greg Golien stated he would like the canal dredged, the sea walls fixed or replaced and then the homeowner maintain them. He stated if the sea wall is indeed his, nobody should touch it. Colleen Audette stated people will fertilize and weed which will go into the canal. She said the canal is sprayed too much with herbicides already. The City Attorney pointed out that after the project the canal will no longer be classified like a ditch, so the water management district will require less spraying. As far as creating ponds in the area of City Hall, he also pointed out that the greatest expense will be piping, so a more central location is needed. A man suggested digging Hardee Lake deeper. Eric Groetke, CDM stated this option was reviewed along with 10 -12 other options, however the four mentioned were the best. The City Attorney reminded that water quality credits will still be needed if the sea walls aren't done. Stephen Chartier asked only canal residents should pay. He suggested putting pipes in the front of lawns so everyone will pay, especially since a child just drowned in a canal. The City Attorney stated the slope would be gradual at a 4 to 1 SJRWMD standard. The City Engineer stated grant money is probably available but it is not part of the City's master plan. 6 Constance Kinney asked if there was asbestos in the walls. Eric Groetke explained there was in the older walls and they are failing so they would need replaced. Mr. Groetke said the repair would be underground to contain the asbestos. The City Attorney stated if the asbestos becomes airborne the workers would then use have to follow the stricter safety codes in removing the asbestos walls. Sam Spear asked why this is not a City wide expense. The City Attorney stated that the drainage related aspects are, but Council could chose to pay for it all from general revenues, however staff advises to get rid of the sea walls now. Rita Berstein said the water is a public concern and there are probably universities that have answers or alternatives. Jean Cooney expressed concern for past CDM projects. Beth Konash said the City should be shamed for letting the sea walls get so bad. Mickey Groeppler asked if dredging will loosen the sea walls. Mr. Groetke said that is a concern. She asked if the developer at the end of the canal can take care of the sea wall and the City Attorney stated they take care of their drainage. Mary Ingui asked why the canals on Concha, Joy Haven and George Street in better shape. The City Attorney stated they weren't built as early and are of better materials. Jennifer Smith asked why they have to pay when it is in the easement. The City Attorney stated that financial responsibility generally is based upon the need for the wall. In this case the walls aren't necessary for the drainage so maintenance is the owner responsibility. Jeff Sertain stated his daughter, Samatha was his #1 priority. He is concerned with alligators and otters. He asked how much rip /rap would be. The City Engineer stated twice the amount of sod. Mr. Sertain pointed out the cost would be miniscule if all residents paid. Mr. Sertain asked how much yard would be lost. Mr. Groetke said it would be based on property line and showed some slides of the options. Damien Gilliams asked what the City was given when GDC went into bankruptcy. Constance Kinney stated the canals are collapsing because the water levels have not been kept up to support the walls. She also stated the cost would be $30,000 for each canal homeowner and $200.00 for everyone. Melody stated the City allowed development on wetlands so another way is needed to receive credits. The City Engineer stated the master plan includes 7 or 8 projects and the preferred choice is replacing the sea walls. He stated that if the canal is not deepened the credits will come from another improvement. The City Attorney said the canal can be dug deeper and lined with rocks. He went on to explain that if a wall fell in and the house foundation broke off then the City would be responsible. 7 Melody who lives on Hardee Lake stated she was not assessed for Hardee Park improvements and suggested an impact fee. The City Engineer stated there are plenty of stormwater needs and there is until the end of next year to show substantial completion. Mr. Groetke stated one year is hard pressed to have the dredging and walls repaired. A man stated dredging without repair is a waste of money. The City Attorney stated a maintenance dredge would be a waste of a good opportunity. When asked if the City could justify paying for the seawall as a drainage improvement, the City Attorney said maybe if the canal was widened to the edge of the right -of -way and made as deep as possible that might provide enough credits because water quality would be improved. The City Engineer stated they will keep moving forward on projects but recommend to Council based on this meeting to review other alternatives and have more meetings. Bob Audette asked if there was money for asbestos removal. The City Engineer stated there was but they must follow permits. A young lady expressed concerns for wildlife. The City Engineer stated the City will maintain their high priority for wildlife. The Chief stated more consideration is needed and the new Council is very receptive and community oriented. Mr. Groetke concluded that he is a resident as well as an engineer and he doesn't want to waste revenue. He will give other options and reminded residents that construction will disrupt them for approximately a year. June 15, 2007 Presentation and Discussion of Collier Creek Canal /Seawall Issues The City Engineer opened the presentation to City Council on the seawall issue citing the available $2.4 million in grant funds, and options available (see revised City Engineer report attached). He said replacing seawalls in only a portion of the one -mile subject area was considered with available funding. The City Attorney advised City Council on the legal aspects of the issues and explained the storm water master plan that is currently in place. He said the current area of concern is the canal north of CR512 developed very early by General Development Corporation; and noted some of the seawalls are located in the canal right -of -way but the question of ownership does not address maintenance costs. He said if Council chose Option 1, replacing the seawalls, staff did not know how the additional funding would be found. The City Engineer explained the concrete cap that is in all three options with the assistance of Eric Grotke, CDM and Engineering Tech, Mike Driscoll who presented a power point exhibit of the three available options. (see attached to minutes). 8 Mr. Grotke responded to questions from Council relative to elevations, and requirements to dredge the canal to certain depths to filter pollutants and for restoration to its original depth. Ms. Coy asked if Bill Ingui and Eugene Wolff would be allowed to speak at this time because their input may cover concerns of other members of the public. Ken Grover, Wimbrow Drive, asked what it will cost the individual homeowner. Bill Ingui, Layport Drive, representing himself and Mr. Wolff made a presentation to City Council (see attached to minutes) as previously submitted prior to the meeting. City Council waived the five minute time limit on public input for this special meeting. Dean Quick, 502 Layport Drive, said his property adjacent to CR512 has been washed out many times, he keeps being sent to other agencies and everyone keeps putting him off. Mary Heineke, Joy Haven Drive, on the canal south of Barber Street, urged using option 1, because maintenance of sodded slopes is difficult, and rock is dangerous. Vance Stillinger, 705 Layport Drive, discussed a problem with a drainage system installed in his yard last year. Mike Pearce, 525 Wimbrow Drive, said St. Johns River Water Management District told him that 1995 was the last time a water quality test was conducted, and suggested the City spend some money on testing for pollutants. He said he has noticed a dramatic decrease in wildlife in the canal over the years. He said he had also learned that the canal south of CR512 flows south and asked if the water north of CR512 could flow south. Pete Kahle, 402 Concha Drive, said he had asked Council several years ago to reduce pollutants which flow directly into the canals through drains installed by property owners and said they must have been permitted by the City of Sebastian. He wanted to know the last time city crews were assigned to clean out the canals and said the City does not maintain the system, which is forty years old. He said Mr. Stringer was right when he attempted to promote turning the waterway into water recreation for the whole City and urged Council to direct staff to look into the pollution and take away the pipes that are illegally installed. Richard Scurlock, 900 Layport, said the prior owner told him his bulkhead belonged to him, and asked that if it does belong to him that the City do nothing to damage it. Kenny Lee, 697 Wimbrow Drive, suggested trees inside the bulkhead be cut down, said he would pay a sensible amount of money for this; and said there should be a code that prohibits planting trees along the bulkhead. Eugene Wolff, 757 Wimbrow Drive, said he appreciated this new Council because things did not seem to be "done deals" any longer. He said the thought of changing the canal to a water retention pond is ludicrous, suggested forming a committee to look extensively at the problem rather than rushing to spend the $2.4 million on conversion to water retention. He suggested spending the funds elsewhere, and then address asbestos, water level and maintenance concerns; and replace the walls where they need to be replaced. 9 Greg Golien, 711 Wimbrow Drive, said the canal was never set up properly in the beginning and it should be dredged with new seawalls at proper grades; and it should be up to the City to take care of the problem. He said there is four to five feet of muck in the bottom of the canal. Dave Derda, 585 Wimbrow Drive, asked how the canal will be dredged. He agreed there is four foot of sludge but it is vegetation and asked how the sludge will be cleaned and solidified, noting it takes a very long time and would not allow it to be done in his yard. Constance Kenney, 549 Wimbrow Drive, said the bulkheads by the dam are not damaged but are damaged in the south end. She said she was offended by City staff telling her what they are going to do to her property, and was concerned that the City will destroy her property by dredging, she is not convinced that strip- mining her canal will keep it environmentally sound, the canal was dredged in 1978 with a single pipe down the center, and that one class action lawsuit will stop this. Robert Lachowski, 591 Wimbrow Drive, said he did not need a seawall because he maintains it and it is in good shape; and the City should repair where it is really needed. Mary Ingui, 676 Layport Drive, asked how the $6 million was derived and will the project be bid; and suggested the Environmental Committee be used to address the asbestos and pollution issues in the canal. Mickey Groepler, Wimbrow Drive, urged that the City dredge safely if necessary at all; and suggested that maybe Lake Hardee needs to be dredged rather than the canal. She asked if the bond money could be used to clean up swales in front yards. George Nader, 666 Layport Drive, said the overall issue is a maintenance nightmare. Bob Odette, 755 Wimbrow, said it would be fair for everyone to share in the cost of protecting the canal. Beth Konash, Layport Drive, said she hopes Council listens to the residents, and does what is right for the whole City. Dean Quick, 502 Layport Drive, said all of this was caused by the CR512 expansion; said the City owns ten feet into his property; suggested installing a large pipe and filling in the entire area and building a park. He asked if he owned the property or does the City own it. Constance Kenney asked who is going get the dirt that is going to come out of the canal and how much money will be paid for it. She suggested methods to obtain funding. Bill Ingui on behalf of Damien Gilliams, asked if GDC turned over properties to the City that could be sold at a later time to fund projects. Pete Kahle asked if it was necessary to make a decision tonight and encouraged Council to take time to look at information that was provided to make an informed decision. Mayor McCollum closed the public input portion of the agenda. In response to questions from Council: The City Engineer said there seems to be a clear consensus to repair the seawalls, and though there is no funding to repair one mile of seawalls, staff could explore this. The City Attorney said recreational impact fees could be used if the rock option was used, but not for seawalls or dredging. He said those funds could be used for public access such as boat launch areas. Mayor McCollum clarified some misinformation, said it was unfair that people who live on the canal are more impacted by taxes than other residents who do not. 10 The City Attorney said the City owns the seawalls, and that drainage pipes into the canals are illegal, to which the Mayor directed the City Manager to send out code enforcement. The City Engineer said they have had input from St. Johns River Water Management District (SJRWMD). Eric Grotke and Mike Schmidt, CDM said they have worked extensively with SJRWMD and Army Corps of Engineers. Mr. Grotke said SJRWMD has extensive information about water quality in the canals. Mr. Schmidt addressed state and federal water quality requirements. Mayor McCollum stated that this meeting was advertised to all citizens in the normal manner; noted that there is no current protection for children on seawalls at this time, that the City is trying to address maintenance of the canals. The City Attorney said there is a twenty -foot easement on every lot in which no trees should be planted by property owners. The City Engineer said if the canals are not dredged, seawalls could be repaired, but he could not use the bond money to do so without dredging. He said a seawall for each 80 foot lot would be approximately $15,000, that there are maybe 40 properties in need of replacement seawalls and the life expectancy of a new seawall would be approximately 20 years. Mr. Grotke said $15,000 per lot may be a little bit low. In response to the question of exchanging land for repairs, the City Attorney explained if the same amount of water flow happened without the repair of the sea walls, how the City could justify using the bond money for sea walls. He stated if the City expanded the sea walls all the way to the right -of -way line that would add to drainage capacities, which would justify using the bond money. The City Engineer said if a seawall collapsed and did not inhibit the flow, under current City policy, he would be under no direction to fix it. He said by dredging we reap storm water treatment enhancement and there are not many other opportunities to improve water quality and flow; and by spending the money to do that you could justify fixing the seawalls. He said there is no environmental agency pushing the City to do the dredging. The City Attorney said there is decaying debris, which is picked up by storms and empties into the Sebastian River which counts against the City for water quality. He said the City entered into a contract with BMI to do water monitoring several years ago, and they were calculating how much each agency was responsible for dumping into the Sebastian River, and pollutants were found to be coming from the canals. Mayor McCollum said this is not an urgent matter, and reminded the public that the urgency is that property owners are saying "my seawalls are falling" and asked what the City was going to do. He said it is not an urgency that the City developed; and he looks at it like his own street, Laconia Street which has no sidewalk, has had curbing removed, and explained the City has the responsibility to replace things that meet the public good. Mr. Burkeen asked if there is land donated as noted by Mr. Gilliams. The City Attorney explained that tracts of land were given to the City in exchange for relieving General Develoopment Corporation from developer obligations such as paving roads in Sebastian Highlands. Mr. Burkeen also asked if money could be made from the dredged silt. The City Attorney stated by the time the silt was processed and trucked out of the City the proceeds would not put the City ahead with a profit but only reduce the cost of the selling the silt. The City Engineer stated there are approximately 80,000 cubic yards of silt to be dredged. Ms. Coy said knowing that the City owns the seawalls, enforcement of improper drainage will have to be addressed. She said she views this and all drainage concerns as a citywide problem and said the City must work toward making the entire system work. She asked for copies of the list of properties the City obtained during the settlement agreement with General Development Corporation. 11 The City Engineer explained that seawalls do not need water to hold them up and they are designed to hold the land back. He also said dredging costs would not be reduced by dredging less silt, but agreed less silt removed would take Tess time to dredge and less material to haul. The City Attorney said the City is going to have to do pollution control and this is one of the places we can do it in abundance. The City Engineer defined "credit" which he said has no monetary value, that it is simply credit for doing something we are required to do by higher authorities. Ms. Coy asked whether it was true that the canal flow changed when the twin pairs project was constructed and said she would like to pursue asking for Indian River County assistance if this is so. The City Manager said Council has been given three options and one option is affordable, the second option can be done by shifting funds around and eliminating other projects, and the other option is going to be more painful and things would have to be considered like increasing the stormwater utility fee. He reminded Council that this will open the door for the other nine miles of canal; and that this is not a millage issue but is a stormwater issue. Mr. Neglia suggested Mr. Wolff contact Commissioner Wesley Davis about the CR 512 issue. Mayor McCollum asked if anyone on Council was prepared to make a motion tonight on any of the options and no one responded that they were ready. Mayor McCollum asked for a cost to repair only the seawalls that need it without dredging; and asked for ten -year maintenance costs for options 2 (rock) and 3 (grass sloping). The City Manager stated that maintenance costs would come out of Engineering Division general funds. The City Engineer said he could have the numbers before the next Council meeting. Ms. Coy asked for the cost of fixing portions of the canal. Mayor McCollum suggested placing this on the July 13 agenda instead so that Mr. Neglia will be in attendance but that staff could submit the information to Council as soon as it is available. Mr. Burkeen requested any recent pollution testing information done on the canals if available. Mayor McCollum asked about the consequences of not dredging and if there an ecological problem if we do dredge. On MOTION by Ms. Monier, and SECOND by Ms. Coy the report from the City Engineer was placed on the July 13 agenda for answers to all questions. The City Engineer reiterated the questions: Cost estimates for: Repairing seawalls now in a state of collapse (without dredging). Ten -year maintenance program for o Sodded side slope option o Rip rap rock slope option o New bulkhead seawall option Dredging option with replacement of seawall (like for like) per segment o From CR -512 to Fleming Street Bridge 12 o From Fleming Street Bridge to Barber /Lake Street Bridge o From Barber /Lake Street Bridge to Control Structure (Dam) Summary Report regarding timing and sources of water quality testing information. Summary Report regarding the overall expected benefits/ consequences to the City of dredging the canal vs. not dredging the canal including, but not necessarily limited to: cost, environmental, enforcement, and quality of life considerations. Motion carried on a roll call vote of 5 -0. July 13, 2005 05.058 A. Response To Council Questions From Special Meeting Held June 15, 2005 Regarding Stormwater Improvement Plan Including Canals (Report from City Engineer) The City Engineer addressed City Council (see his presentation as attached to the agenda packet) and presented a power point program. He stated that staff is not recommending any particular method and will implement any option or method the Council should choose. On MOTION by Mr. Burkeen, and SECOND by Ms. Coy, at 10:30 p.m. the meeting was extended to 11:00 p.m. on a voice vote of 5 -0 Mike Schmidt, CDM, reported on the benefits and potential consequences of dredging. The City Manager continued the power point presentation with funding options. Dean Quick, asked who will have the liability if we go to rip rap. Kenny Lee, Wimbrow Drive, asked what solution the Council has decided on and what dollar figure people will be billed for. He said most people don't want sod, and with seawalls people can continue to pump water out of the canal. Eugene Wolfe, said he appreciates the scenario presented by Mr. Fisher, and agreed that 512 to the Fleming Street bridge is the worst part of the canal. He said his only concern was that dredging of that area might cause other areas to fail. Bob Audette, Wimbrow, asked Council to consider the devaluation that sodded slopes would cause. Constance Kenney stated the maintenance and repair is the City's responsibility, inquired about maintenance of the water level, the present ecosystems, replenishing the ecosystems, the asbestos and where the money will go from the dredged silt. She stated the City should use the existing tax base for repair. 13 On MOTION by Mr. Neglia, and SECOND by Mr. Burkeen, at 10:57 p.m., the meeting was extended to 11:30 p.m. on a voice vote of 5 -0. Mayor McCollum called recess from 10:58 p.m. to 11:00 p.m. All members were present. Mickey Groeppler asked about water quality testing and dredging. Mike Schmidt explained that there needs to be a reduction in phosphorous to the Indian River Lagoon and the City Engineer said any plans for seawall repair would be to entomb and not tear down so that no asbestos would be released. Mr. Stalinger asked if there is a plan to trap future sediment in the clean out traps that are already in place once the canal is dredged. Kenny Lee asked, if the rock option is selected, how are the rocks put in. Earl Brown, 677 Wimbrow Drive, asked Council to put a lot of thought into this. Constance Kenney asked again about the asbestos and if it is currently considered airborne. Ms. Coy said she would like to do it in segments but questioned where the 4.2 million to finish the project would come from. The City Manager said stormwater fees would have to be increased in that case. Ms. Coy said she receives calls from people who don't live on canals who don't want to pay for the repair and said she was leaning toward rip rap because we can afford it and we don't have to assess the entire city. She said there are drainage problems throughout the City with flooding and if we obligate all of our funds to one piece we have nothing left for other areas. Mr. Neglia said we can't do this in segments because it won't get done and we would probably have to raise the stormwater fee. Ms. Monier said the rest of the citizens don't want stormwater fees to go up much, we need to take care of properties that have seawalls on city right -of -way and we can do rip rap which will require less maintenance in the long run and is the fairest thing to do. Mayor McCollum discussed long -term maintenance issues and said that sodded slope will cost more in maintenance. The City Attorney said he had not seen a seawall south of 512 where the seawall doesn't line up with the property line. Mr. Burkeen said we have to ask ourselves what we can afford as a community and if we choose expensive options we have to pay, and said he was not in favor of doing this in segments. On MOTION by Burkeen, and SECOND by Monier meeting was extended five minutes more on a voice vote of 5 -0. 14 On MOTION by Ms. Monier and SECOND by Mr. Burkeen the rip rap option was approved on a roll call vote of 5 -0. The City Manager said he would come back with cost reallocation to the next meeting. July 27, 2005 05.058 A. Report on Reallocation of Funding for Rip Rap in Collier Waterway Other Stormwater Proiects The City Manager said he had stated at the last meeting that he would bring back reallocation figures for the record, and briefly described them. He corrected the twin ditches as $1 million. In response to Ms. Monier, he said certain projects will not be forgotten but will be harder to fund. August 10, 2005 05.058 A. Collier Creek Assessment Option (no backup) Ms. Coy explained her reasons for placing this item on the agenda, including numerous phone calls and a petition asking Council to look at other options. She stated the City had nothing to lose by looking at the proposed options submitted on a letter which could be sent to the canal residents, of which there are approximately 130 property owners. She then read the letter (see attached). It was noted that the figure of $1723 would be the annual assessment for fifteen years if the seawall option were chosen. Bob Audette, commended Council for this idea. Mayor McCollum said he was against sending out surveys because an assessment is to be placed he would like to have a 100% response from property owners; he pointed out there is no guarantee that property owners will maintain the sodded slopes and that perhaps an additional assessment would be needed to pay for some type of bond to cover property owners who did not maintain the slopes and he was opposed to giving up government property that might be needed in the future. He also pointed out that the City should strive to keep good the credit it has. Mayor McCollum said he would favor going back to sodding but the City should own and maintain the slopes. He also expressed concerns of financial hardship the assessment might place on some residents. Mr. Burkeen agreed with Mayor McCollum. Ms. Coy read a letter from Indian River County Property Appraiser, David Nolte stated the easement would not add market value; and said the majority of the people she talked to said they would love to keep their seawall but did not think residents would pay the assessment to do so. Ms. Coy said she would withdraw option 2 and reword option 1 if it would assist Council in approving this. Mr. Burkeen said he thinks rip rap is the best option for the City and the homeowner. 15 The City Manager said all options available have pluses and minuses. Mr. Neglia said if the property is conveyed and then not maintained by property owners, the City would have to step in. He said he was happy with the rip rap. On MOTION by Ms. Coy and SECOND by Mr. Neglia, to send the letter out with options 1 and 2, the motion failed on a tie vote of 2 -2 (McCollum, Burkeen nay). Ms. Coy asked if there are any public suggestions from Council that may be considered at a later date, for example, ways to reword this letter. Mr. Burkeen said the only option might be to sod the slope and purchase the property but there will still be the unknown cost of land mitigation to consider. September 28, 2005 05.058 A. Input on Reconsideration of Collier Creek Project (City Manager Transmittal, 53- 55 Questionnaire, E -Mail) The City Manager read an e-mail received today from Karen Garrett Kraus, Senior Regulatory Scientist, St. Johns River Water Management District into the record. (see attached) Mayor McCollum said he brought this back up because there have been a steady number of phone calls from people who did not think that rip rap was a viable option, however, he was presenting this to see if Council has an interest in sending out three questions to affected property owners, although he cautioned that Council should only proceed with the survey if Council intends to follow through on what is chosen by the property owners, otherwise discussion is not appropriate. The City Manager clarified that this is not on the agenda because of one staff member's report but because there are three viable options to consider. Al Manzi, Holden Avenue, said the rip -rap recommendation is one dimensional, and the canal is under used and neglected, and sod is the way to go. Bob Audette, Wimbrow Drive, said rip -rap is better in saltwater environments and sandbars don't exist in the canal, said the city will regret installing rock for years, would appreciate the letters being sent out, and maintenance of rip -rap herbicides will be required. Pat Casselberry, Wimbrow Drive, said she and her husband are happy to be rid of the seawall, agreed with rip -rap due to the fact that sodded lawns will leach chemicals into the canal. Trish Adams, 47 River Oak Drive, supported rip -rap due to environmental benefits, noting these are man -made canals, and suggested that the survey go out to all City residents. The City Manager reported that Ms. Garrett -Kraus said the best option was sidewalls with native vegetation, but due to proximity to residential SJRWMD would agree with rip -rap. Eugene Wolf, 757 Wimbrow Drive, Sebastian, welcomed the survey, said he spoke to SJRWMD who told him that pesticide use on the rip -rap was objectionable. 16 Bettina Boudrot, Indian River Drive, Sebastian, said she has had sod, rip -rap, and was now going to solid wall on her property, and said she thought grass would be a mistake and rip -rap the better choice. Jack Casselberry, said the irregular shape of rip -rap is more conducive to fish, said he had never seen an alligator climb a rip -rap wall, said a natural grass environment is the way to go but the next best choice is rip -rap. Ms. Coy said she had spoken to the Inguis who were oriented to rip -rap, listed those in favor of rip -rap, and those in favor of grass, and said she herself was pleased with Council's decision on rip -rap. Ms. Monier said the canal belongs to everyone, and said that the environmental issues need to be considered and rip -rap was the most environmentally sound way to go. Mr. Neglia said installation and maintenance of the rip -rap was less expensive, it might open up recreation, and did not agree with putting out the questionnaire. Mr. Burkeen said these are man -made drainage canals and the issue should be dropped. In response to Mayor McCollum, Council members said they were not interested in sending out the questionnaire. May 10, 2006 06.094 B. Conlon Landscaping Swale /Ditch Mowing Contract Extension (Public Works Transmittal, Memo) The City Manager read his memo dated April 25, 2006 and recommended approval of an additional $177,292 to complete the citywide ditch cleaning program. Eugene Wolff, South Wimbrow Drive, Sebastian, said that more and more project expenses will go up considerably, that money is available from the Collier Creek project if Council uses the sodded slope option rather than rock and could release $2M for the ditch cleaning program. In response to Mr. Paternoster, Mr. Wolff said he was a proponent of sodded slopes for Collier Creek, and agreed that only one representative of St. Johns River Water Management District recommended the rock slopes. June 7, 2006 A. Collier Creek Update The City Manager gave a brief background on the Collier Creek Canal Project and provided a memo dated June 7, 2006 with new information about funding issues (see attached). He reported that in discussions with St. Johns River Water Management District (SJRWMD) in the last few days, it had been brought to the attention of staff that SJRWMD staff will not allow the City to use the maintenance option which might have saved money, and rather would view the dredging project as a capital project, however, it had also been found that there are other ways to dredge which will reduce costs and there are local contractors who may be interested in the project and utilization of the dredged spoils. He 17 recommended Council stay the course, allow staff to proceed with the permitting process, and assured them the project may now stay with the $3.5 M cost estimate, and if this is the case, it may not have an impact on funding of other projects. The City Manager said the Easy Street Community Development Block Grant (CDBG) is not a done deal and if we are not successful with the grant, more money may open up for the Collier Creek project. He did warn, however, that we are going to peak ourselves out with all the projects on the table, so recommended again to stay the course on Collier Creek and start other projects slowly as actual costs are determined. He asked Council to provide direction on the long -term citywide curb and gutter policy established by a previous Council, which if followed would cost in the area of $50M. He said if Council moves forward with curb and gutter it goes against SJRWMD and all other projects will need to be held. Mickey Groeppler, Sebastian, asked if anyone had looked into gate gabions as a method to repair the seawalls, and what material goes behind the rip rap. The City Manager explained again that to fix the creek there were two options, maintenance and capital and that the City cannot get through the maintenance door and if attempted it would probably result in a litigious process. He said SJRWMD would say this is not maintenance because the City has not done maintenance on a regular basis, so we will go into capital project status and we have to go by SJRWMD regulations which is retention and detention, and in addition wading bird mitigation will need to be addressed. He said that SJRWMD prefers rip -rap. Eugene Wolff, Wimbrow Drive, Sebastian, asked the City Manager how deep a dredge this will be, and the City Manager said in 1970 the canal bottom was 9 feet above mean sea level and now shows at 11 feet MSL and that SJRWMD proposes 11 to 5 MSL. He said because of wading bird habitat there is a new cross section planned and there will be some spots where we won't dredge at all and will leave the habitat. He said the short answer is that we are trying to get to 6 MSL but it will depend on SJRWMD, and SJRWMD said if we are going to improve the canal we have to deep dredge in those areas that don't have to be mitigated for wading birds. Mr. Wolff said it is a pity because maintenance would allow so many other projects and it may be worth at least trying to negotiate with SJRWMD; and that it would be prudent to review it by section because essentially we don't need the canal repair today. The City Manager said staff is trying to get a permit for the whole length of the canal and then if necessary do the project in sections. Mr. Wolff asked if there were any discussions on asbestos abatement. Al Manzi, Holden Avenue, Sebastian, asked if CR 512 to Main Street was the primary focus, and the City Manager responded it was. Mr. Manzi said certain parts of the canal are very narrow and homes are very close to it and recommended the City be mindful of how deep dredging will affect them. The City Manager responded we are not going to go outside of where the walls are now and in fact some areas of the canal may end up being narrower. Mr. Manzi recommended some type of encapsulation of seawalls and said he was not in favor of rip -rap due to accessibility to canal. 18 Mary Ingui, 626 Layport Drive asked what happens with sheets of asbestos. Bob Audette, 755 Wimbrow Drive, asked the City Manager if they had asked SJRWMD if rocks were eliminated, would it eliminate the mitigation requirement. The City Manager responded that the walls are not relevant to the wading birds, that wading birds are an effect of our neglect to maintain the canals over the years, that they are not native to the canal but because of our neglect we created the habitat conditions and we will have to build islands for these non native birds to wade. Mr. Audette suggested if there was a sodded bank the birds would just stay there, and the City Manager responded SJRWMD still wants to see ledges whether they are attached to rocks or sod. Dave Derda, 585 Wimbrow Drive, asked where the rip -rap goes. Eric Groetke, Camp, Dresser McKee, Inc., the City's engineering consultant on the project, responded to all questions, stating they did look into gabions but there were higher costs involved because of concrete costs; that fabric will be under the rip rap rock for stabilization; that curb and gutter was one of the drivers in this project and further explained that pollutant loading requirements which were provided in 2003 and intended to be law by 2004 were a driving factor. He said the original idea for this project was to partner with SJRWMD and have a funding agreement, thus the need for a stormwater master plan. He said the City has been successful with stormwater projects such as Stonecrop, the Twin Ditches and Periwinkle projects, and have also been successful with EPA funding. Mr. Groetke said the Florida Dept. of Environmental Protection (DEP) is happy that something like this is being handled to address the asbestos problem and the City will work within their guidelines for the encapsulation as much as possible, and that the only concern is for material becoming airborne. He stated that encapsulation is the preferred method. Mr. Groetke said SJRWMD prefers rip -rap over sod, because of potential of pesticides and erosion with sodded slopes. He said our target will be right -of -way lines wherever possible, however we may have to go into backyards to avoid mitigation aspect and there may be Tess water surface area in certain locations. In reponse to Mr. Wolff, Mr. Groetke said we can move asbestos sheets over and entomb them. In response to Ms. Groeppler, Mr. Groetke said as part of the permitting process we have to identify what we are doing and do have turbidity areas and can put in temporary dams and pump water from one side to another to protect wildlife species. He further said Lake Hardee is not part of the dredging area so wildlife can go there and SJRWMD is happy with that. In response to Mr. Derda, Mr. Groetke said it was the City's original intent to pump to a SJRWMD disposal area north of St. Sebastian River in conjunction with an on -going dredging project in the St. Sebastian River and Indian River Lagoon, however, as the City Manager pointed out, it was recently discovered that this would have driven the cost up to approximately $6M because we could not ride on their project but would have to do it on our own at an additional cost of $2M. Mr. Groetke said we have talked with local contractors and the clamshell approach, which is done with barges and taking the sludge material away by truck to other areas where it can be spread out, is less expensive. 19 In response to Mr. Derda, Mr. Groetke said there appear to be three sections where equipment has to get in and that they have identified three properties which we could possibly lease. In response to Mr. Wolff, Mr. Groetke said there is no set length requirements, only depth requirements for dredging. In response to Mr. Manzi, Mr. Groetke said there would ultimately be a 3 to 1 slope, that filter fabric helps with erosion coming out and the slopes' ability to hold the wall. He said rock stabilizes the fabric and fabric stabilizes the slope. He further stated we currently have a five -day detention and we are looking at 10 to 15 days. In response to Mr. Manzi, Mr. Groetke said we are dredging and deepening the water, which gives more opportunity for treatment and that water is currently going out in five days with little or no treatment. Mr. Manzi recommended we should limit the amount of hardscapes in residential construction and use cisterns and silt fences. Mr. Paternoster advocated the use of silt fences. In response to Mr. Paternoster, the City Attorney said the City is not going into people's yards, but that actually some seawalls were built beyond their actual yard citing one area where the seawall is built 26 feet into City right -of -way. Mr. Neglia read from a SJRWMD paper regarding use of fabric and stated that rip -rap is better than sodded slope. In response to Mr. Neglia, the City Manager said clamshell dredging could greatly reduce costs; that we are currently in staff review and then if staff approves, we move to the SJRWMD board. The City Manager gave the proposed schedule as follows: Four to six weeks staff working to meet regulations, then get on SJRWMD board agenda, then a minimum wait of 60 days, if approved get a permit in October, then go out to bid, then review bids in December and bring it to Council Council awards a construction bid, then issue notice to proceed, which he thinks can happen in January 2007. Mr. Neglia recommended a new policy statement by this Council that curb and gutter citywide is not the way to go. Mayor McCollum agreed with eliminating curb and gutter as an overall policy; and asked why negotiation with SJRWMD is necessary and don't they have specific regulations they work from. The City Manager again explained that negotiation would have to take place if staff wanted to proceed from a maintenance standpoint, and because the City did not have a regular maintenance program on the canals SJRWMD says it is not exempt from the permitting process. He said if City staff wanted to pursue the maintenance option we would have to negotiate. He said the rule book for capital speaks to detention time. Mr. Groetke further stated that negotiation comes into play mainly on the mitigation side where we are disturbing existing habitat. 20 Mayor McCollum said this is a perfect example of taxation without representation, and asked if there is an expiration for permits. Mr. Groetke said permits are five years and extendable for another five years. Mayor McCollum said he would be agreeable with doing the project in pieces, but would feel more comfortable doing the permitting for the entire project at once. Mr. Groetke said DEP so far is ok with the City's plans for asbestos. Mayor McCollum requested that before we do our first dredging operation, we get approval in writing from DEP; and that he agrees with staying the course but it would have been nice to have been able to do it as a maintenance project. The City Attorney pointed out that after doing this work we can do regular maintenance. Mayor McCollum said he would attend the SJRWMD board meeting with the City Manager. Vice Mayor Burkeen said he was not in favor of permitting in sections. Ms. Coy said there could be access for recreation at Hardee Park and there may be grants available for this; and discussed use of silt fences. The City Engineer said we can require silt fences, but at this time they are directed to major projects and can come up with our own internal guidelines. The City Attorney said we have discussed putting them around residential but did not go forward, however, we are within our authority to do this when work is being done along a canal. The City Engineer said he would discuss this with staff and report to the City Manager. Ms. Coy said she remembered we were going to get voluntary compliance where needed; and agreed with Council on a new curb and gutter policy. On MOTION by Mr. Neglia and SECOND by Ms. Coy, the City Manager was direct not to go forward with curb and gutter on a roll call vote of 5 -0. The City Manager said his approach would be not to address citywide but that it can approached on an individual basis. 21 March 14, 2007 07.029 C. Approve CDM Collier Canal Seawall Assessment and Design Project Contract The City Manager said CDM has requested an additional $65,000 for redesign of the project, and said the City Engineer will address the specifics. The City Engineer cited his February 22, 2007 memo to Council and said that he finds nothing wrong with the project design costs, however, noted that everything is subject to final audit. He recommended that the invoice be paid. The City Manager explained that CDM was very successful in reducing mitigation costs; assisted the City with grant procurement; lived up to the terms of their contract; and based on the changes that occurred for this project, they are entitled to the amended contract price. Don Wright, 720 North Fischer Circle, Sebastian, said the dredge spoils from Collier Creek are planned to be dumped in Hardee Park and the Parks and Recreation Committee objects to this due to the fact that it is a well used park. He said there is no real information being shared with the public on this. The City Manager said the actual project operation would be addressed at a later time. He said putting the spoils at Hardee was not preferred but fit into the budget plans. He said the City has a permitted project, and can modify the permit if necessary. He said he would review the permit and possible permit alternatives at a later time with Council with various options available. Bob Audette, 755 Wimbrow Drive, Sebastian, said after sending a detailed letter to each member of Council, three of five Council members did not feel this issue was worth getting back to him on. Mr. Audette then read through his list of CDM's deficiencies: no wading bird mitigation in the initial application; widening some spots without telling the residents; and cutting asbestos above water line. In response to Mr. Audette, the City Manager said the twin ditches is a CDM project. The City Manager said the contractor started the project without an dewatering permit but it was stopped immediately until the permit was received. The City Manager pointed out the contractor working without the permit is not a fault of CDM. Mr. Audette said CDM has no right to ask the City for more money and it is his contention that a design should work and if it doesn't work, it should be fixed for free. Mr. Audette read a December 14, 2006 request for additional information from St. Johns River Water Management District as follows, "Please be advised that Collier Creek Canal is considered surface water as defined from top of bank to top of bank therefore surface water acreage and surface water impact resulting from dredging is 13.6 acres any dredging and /or filling below the proposed top bank of drainage ditches is considered surface water impact. Please provide the acreage of fill below the top of the bank resulting from filling to create the slope." He stated CDM's answer, "Based on the definition that surface water is defined as top of bank to top of bank, there are approximately 13.6 acres of dredge and or fill impacts to the water," which he did not feel is an answer and the City may have to pay for mitigation. 22 The City Manager said when he reviewed Mr. Audette's information he said Mr. Audette kind of weaved in and out of two different times that this project was considered, and said in February St. Johns gave us a permit that they would not have given it if we still had problems. Mr. Audette said they were told by St. Johns that if they see an engineer's seal they don't even review it. He said it was not his intent to stop the project but convince Council that there have been mistakes and $65,000 is just the tip of the nightmare. Mayor Burkeen asked if a project such as this would be audited and the City Manager responded that it would be included in the overall CAFR but if Council was seeking a specific audit on this project they would have to request a special audit. Eugene Wolff, 757 Wimbrow Drive, Sebastian, said he believed CDM is a reputable firm however, the design that was originally drawn up was shot full of holes by St. Johns, and then the City decided to do a simpler project, and CDM redesigned. He said they should not be paid to do a simpler design, he said the City expects them to get grants, that $65,000 is a lot of money, and suggested the City call it even and they swallow the money as a show of good faith. John Oakes, 593 Birch Court, said the metaphor presented by Mr. Wolff was accurate and the right thing to do is not pay the $65,000. Ms. Coy said Mr. Wolff said St. Johns filled the original plan full of holes, but it was her recollection that Council is the body that changed the project. The City Manager explained the City needed more detention /retention and through a year -long review, decided to minimize and go with the Collier Creek project. Eric Groetke, CDM Engineer and Sebastian resident, said he worked on the Stormwater Master Plan and it is dear to his heart, and the project has changed a great deal. He said Collier Creek was originally supposed to be an assessment project and it would be charged to residents along the canal. He said the contractor did not do what he was required to do and was immediately immobilized. CDM has been in Indian River County for over twenty years and continues to do things for the City out of any contract. He said he would not have come to Council if they had not been impacted. Bob Audette reiterated his three points of contention. Eugene Wolff reminded that the City Attorney determined the seawalls to be owned by City so residents could not be assessed. Mr. Paternoster asked if CDM could answer Mr. Audette's three questions. Eric Groetke, responded in regard to the wading bird habitat: extensive discussions with SJRWMD were held, the site was visited, SJRWMD said the project had to happen and asked us to come up with a mitigation plan. Mr. Groetke said the widening of the canal was a result of several meetings held here at the direction of Council. Finally, he said the asbestos seawall has also been brought up in many meetings; it is a FDEP issue and will be handled by the contractor and CDM cannot direct the contractor how to remove the asbestos (the contractor will have to be certified in asbestos removal). 23 Mr. Neglia said when the Twin Ditches project failed the Council members were called right away and the neighbors were happy that it was taken care of. The contractor admitted it was going to cost him but he took care of it. He said CDM has been up front; the City has changed the project and the money is not enough money. Mayor Burkeen thanked CDM for the job they have done, but said the Council does owe citizens responsibility. On a MOTION by Mayor Burkeen, with a SECOND by Mr. Neglia the payment was authorized with an audit to be completed at the end of the project. 07.029 A. Collier Creek Update (City Manager Transmittal, City Engineer Report, Moulton Memo, Nichols /Zhao Memo, Webster Letter) The City Manager said he had received previous approval to move forward on the Collier Canal and was asking whether anyone wanted to discuss this at a special meeting or move forward as previously approved. Mayor Coy said unless the City Manager hears from a member of Council by the next council meeting the project is to continue as previously directed. 24 Jeanette Williams From: Sally Maio Sent: Thursday, February 24, 2011 3:53 PM To: 'Jeanette Williams' Subject: FW: Visual Meeting Date 2/23/11 Meeting Summary From: Alfred Minner Sent: Wednesday, February 23, 2011 5:53 PM To: 'Hooper, John (APAC Florida)'; 'asphaltrecycling @bellsouth.net'; 'Frank Watanabe'; 'Keith Sloane'; Jerry Converse; Linda Kinchen Cc: council; Robert Ginsburg; Jean Tarbell; Sally Maio Subject: Visual Meeting Date 2/23/11 Meeting Summary Gentlemen: Thank you for a productive meeting today. Linda Kinchen will be preparing the minutes to our meeting. As soon as they are complete, I will distribute them to all parties. Below is a quick summary of the meeting and action points going forward. APAC and Asphalt Recycling (AR) tentatively agreed to cover the costs which are required to provide the City of Sebastian (COS) structurally sound roads per the plan specifications. In doing so, it was tentatively concluded the "mill and fill" approach was the best method. APAC and COS agreed that prior to commencing any repair mobilization, visual inspection and marking areas (with paint) was critical in order to (1) ensure that all deficient areas are corrected; and, (2) finalize repair costs. In moving forward, please respond to me that all parties can meet at the site (the north Laconia fork near 512 /Wynn Dixie) on TUESDAY, MARCH 1, 2011 at 10 AM. Representatives present will be COS, APAC, AR, Keith Sloane and Frank Watanabe. Page 1 of 2 Upon visually inspecting and marking deficient areas, APAC will formalize the cost for the "fill and mill" approach. These figures will be e- mailed by APAC to COS and AR. Barring major deviations from the $56,060 estimate, repairs can proceed. COS expressed concern about the number of seams that may result from repair. COS expressed that road structure was more important then seams. APAC and AR both agreed to extend warranty to a two (2) year period, to demonstrate that the final product is of good quality. Prior to mobilization, Bob Ginsburg (COS City Attorney) will prepare an addendum to the APAC and AR contracts representing the agreed solution. 2/24/2011 To the city council of Sebastian. Feb 23 2011 Attached is a cd showing several items of interest for your consideration on resolving what I see as a problem along our waterfront areas? Picture riverfront 1: this shows a dumpster that has been placed in a parking spot at mulligans restaurant. It is along the river area sidewalk and yacht club. Does this comply with town ordinances in keeping our ambiance of a beautiful river front park area? Will this require the restaurant to pay for one more parking space in the future since an on premise parking space is no longer available. Just a side note mulligans placed a vent of some sort through their roof. Not the one in the widow's walk but a new one outside of it. What happened to our height restriction for property on the river? The vent is not shielded from view as the town made cap't butchers come before a board for a variance for the same condition does that apply to all or only certain properties Picture 2: dumpster in parking lot of restaurant. In speaking with a local business owner they were denied putting a freezer shielded from view for ice being used by their customers. Reason was not keeping with our ambiance of the riverfront. But. Dumpsters at sidewalks are ok in the same area? Whats wrong with this picture. Pun intended. Picture 4.delivery truck in handicap trailer parking at yacht club picture 5: Worker using yacht club area for deliveries to restaurant. While attending a review of mulligans proposed layout of the properties by the city engineering dept planning I had asked where deliveries would be made to the restaurant and asked if a fence could be provided dividing city property (the yacht club) from private property (mulligans) and was told that the property was laid out for deliveries to be made thru the restaurant parking area and a fence was not required. Well looks like we might want to reconsider a fence again. It would also stop people from walking thru the drainage ditch and bushes to get to there cars at the yacht club. Others and I have also seen valet parking going thru the swale and bushes for quicker access to valet parked cars at the yacht club. A fence would also prevent boaters renting from the marina at mulligans from bringing fuel and ice etc. to there private or business boats over town property. Also who is liable if a customer coming through bushes on to town property injures himself or herself? At the same meeting we were told by mulligans that workers would be parking nearer to us -1. Well waterfront and 1 st row of trailer parking plus the yacht club are being used for help parking. Please note. When speaking to 2 waitresses at the restaurant I asked where they lived. They said Vero and that they worked in Vero at mulligans but there hours were reduced and they were asked if possible to on there reduced day to work Sebastian. Former mayor —what was all the flag waving for a restaurant coming to Sebastian providing 15 plus jobs for our town citizens? Picture 6: this car entered thru exit at yacht club. Again we might consider different type of signs for the exit and entrance. Picture 7: again wrong way entering yacht club. Picture 8: valet sign at restaurant. Also I have yet to receive any answer about running a valet service and using public parking for personal profit. The answer I received during the last council meeting from the city manager was. I will check with George hart about the valet parking situation. I believe the answer should have been I will check with staff to see what our city ordinances define for private use of public parking. Picture 9: this is a parking area near cap't butchers. Will we be seeing this at our working waterfront area? Trailers being stored in parking spaces along Indian River drive. Yes beautiful scenic Indian River drive. Picture 10: this tractor trailer entered the yacht club thru the exit and made a "u" turn to block the ramp area for a delivery. Remember prior meeting. No problem all deliveries will come through restaurant parking. Please note I do not have the pictures yet of the beer and liquor deliveries being made in the same way. When available I will send. Pictures 11 and 12: again just showing what is happening at yacht club. Deliveries and blocking ramp and handicap boat parking. Picture 13: this private company (fish market on old Dixie hwy) advertising at 1 our future working waterfront area. Can others do the same? Picture 14: again deliveries thru town property to a private business. Picture 15: charter boat owner who leases from mulligans marina parking in no designated spot for there convenience to transport fuel ice etc to there boat. Please note that there is a tank on the restaurant property that was to be used as a pump out station as required for marinas. I don't see one at this marina. Question: will we have a pump out station at the fisherman's working waterfront? Picture 16: this is the sign at the yacht club, which nobody seems to see. Maybe turning it towards the roadway instead of parallel to the sidewalk so it will be more visible would work. Picture 17: car coming in to yacht club the right way and truck going the wrong way. Picture 3: ass the city manager said at the last council meeting. Maybe we should look into putting signs at the frailer parking area. Al the sign is already there. Lets enforce our city ordinances on parking. meeting. This letter and cd will be presented at the Feb. 23 2011 council Letter and cd is only my opinion but I fell there are some changes that you might look into. As a council or Individually. Copies to: mayor vice mayor and 3 council members. Copy to city clerk. Copy to city manager. Copy to Damien: to thank him for his suggestion at the last council meeting referring to recycling at business. Mulligan seems to have listened but I believe and alternate location for there cardboard dumpster would be appropriate. Also this would have exceeded the 5- minute time to speak. Not wanting to create any problems for others this seems to be a better solution. Thank you for your time. Benny Hocker Sebastian <:N7u f �;l� %f�' ?�`'t �rr�lillj( {�Il,�� l; �l�fl��� '�������1����� 0aer20 Trials 5MI Rods, Raker, Oa lux. F.? Aill,rs Brea& wnIttead Ts Vero Beach (95 45$1oas jrme M4 isnetias el irb data. Kam Ciabatta, Artisan Breads Ores tN Varieties of Gab Bobs, Balser, Ciabattar H Artisan Breads Homestead To Vero Beach (954) 4584010