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HomeMy WebLinkAbout08282013 MinutesMY OF S .!AN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 28, 2013 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Vice Mayor Don Wright called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Reverend David Newhart, St. Elizabeth's Episcopal Church. 3. The Pledge of Allegiance was led by Council Member Andrea Coy. 4. ROLL CALL City Council Present: Vice -Mayor Don Wright Council Member Jerome Adams Council Member Andrea Coy Council Member Jim Hill City Council Absent: Mayor Bob McPartlan (excused) City Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Community Development Director, Joe Griffin Police Chief, Michelle Morris Deputy Police Chief, Greg Witt MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mr. Adams requested removal of consent agenda item 7E for discussion. Ms. Coy noted that procedurally, consent agenda items are moved when we get to the consent agenda, and this item is reserved for adding, removing and moving items on the whole agenda. Regular City Council Meeting August 28, 2014 Page Two 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 13.066 A. Certificate of Appreciation for Ted Dyer — Planning and Zoning Commission 4 Service Mr. Dyer was not in attendance and the certificate will be mailed to him. B. Brief Announcements Mr. Hill announced that Sebastian River Little League registration is ongoing for baseball and softball for ages 4 -16 at Barber Street Sports Complex Monday through Friday, 6 pm to 8 pm and Saturday 9am to noon, ending September 14th at a cost of $30 per person. Ms. Coy announced that Indian River County State College registration is starting on -line and at the Mueller Center and listed the many courses offered at the Sebastian campus. Mr. Wright said since the Sebastian campus opened there have been 5000 registered. 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. 5-15 A. Approval of Minutes —August 14, 2013 Regular Meeting 13.115 B. Award Bid for Annual Swale and Mowing Contract to Conlon Landscaping (PW 16 -54 Transmittal, Bid Tabulation, Contract) 13.116 C. Award Bid for Nuisance Abatement/Lot Mowing on Rotation Basis Starting with 55-65 Lowest Bidder in Each of Three Categories (PW Transmittal, Matrix, Price Proposals, Insurance Certificates, Proposed Agreement) 13.117 D. Award Bid for Annual % Round Repair and Cleaning to Conlon Landscaping 66 -101 (PW Transmittal, Bid Tabulation, Contract) 13.118 E. Approve Police Department Records Management Systems /CAD /Mobile 102 -118 Contract (PD Transmittal, Capers Contract, Tech Improvement Plan, References, Sole Source Form) Mr. Wright noted item 7E had been pulled for discussion by Mr. Adams. MOTION by Ms. Coy and SECOND by Mr. Hill to approve consent agenda items A through D. Roll Call: Ayes: Wright, Adams, Coy, Hill Nays: None Passed: 4 -0 McPartlan Absent N Regular City Council Meeting August 28, 2014 Page Three Item 7E — Police Department Records Management Systems Mr. Adams asked how requests for support from Capers will be addressed. Chief Morris introduced Kim Harmon, Police Department Accreditation Manager, who responded that IT support will be 24 -7, 365 days per year, virtually, on -site and by phone. She further responded to his questions, that reporting will be easier than those from the canned program they have been using which creates problems, because the new form will be created just for this agency, that once approved the system they will be on -site in two weeks, that Sebastian will be the first Florida client for Capers, they are based in Illinois, they have been in business since 2012 and that she had spoken to a user in New Mexico which advises that the system has been flawless. Mr. Adams asked whether the database in the system would be proprietary and Chief Morris confirmed that all data produced is property of the Police Department. She said they changed companies before and have been with the current company since 2003 and can still access data from the former system. Mr. Adams asked about the invoice for $18,000 and Chief Morris said that is annual maintenance for the current Tritech system and if closed out we will not have to honor the full year cost. She said the proposed maintenance contract with Capers will be five years for $22K per year and they may need to renegotiate the price at the end of five years. She said since they are the start up for Florida they will get some kind of discount each year if they bring in other agencies. Kim Harmon said she had contacted six other agencies and hears this company is phenomenal, that they make good on their promises, the system is user friendly, they will provide adequate training for all personnel, and she feels very comfortable with them. Mr. Wright congratulated them for achieving this promotional incentive received which seems enormous. MOTION by Mr. Adams and SECOND by Ms. Coy to approve item 7E. Roll Call: Ayes: Adams, Coy, Hill, Wright Nays: None Passed: 4 -0 McPartlan Absent 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Mr. Wright reported on the Tourist Development Committee meeting, noting that tourism tax revenues are up by 7.1 % attributable to the Sports venue in Vero Beach, and that in June they were up 29.2 %. He also reported on the Economic Development Council meeting, reporting there have been discussions with outside consultants in terms of evaluating the potential for attracting jobs for all of Indian River County and develop a marketing program and a branding program to bring identity to Indian River County and ultimately a motion was made by EDC to present an RFP to the County Commission to solicit proposals with qualified companies to perform the service. Ms. Coy asked if there would be municipal participation for financing, and he said there was discussion but no action on that, so we are looking at the County initially but there would need to be involvement by the cities in interviewing to see what each City has to offer. Regular City Council Meeting August 28, 2014 Page Four 9. PUBLIC HEARINGS — None 10. UNFINISHED BUSINESS 13.095 A. Jane Schnee — Open Burn Request (City Manager Transmittal, Prescribed Burn 119 -124 Plan The City Manager gave a brief update on City Council action on June 12th in regard to Ms. Schnee's petition for a conservation burn for her scrub property on Barber Street under the City's Code Section 42 -48, with assistance of representatives of Fish and Wildlife and Division of Forestry, which resulted in a 2 -2 vote and Council's request for her to come back with more information. He said she has come back with a burn plan and information from the fire department that they would participate. He noted staff recommendation at that time was not to approve the request based on provisions of the code, however, staff did not provide a recommendation this time. He said that Pierre Paquette, owner of Palm Lake Club who was opposed to the burn, petitioned the City Council to table this item to have an opportunity to come and state his side. He said Council will hear from a lot of residents tonight who share that view. Mr. Wright said there are a number of people from Park Place tonight, asked Jane Schnee to come forward first to discuss her petition and then hear public comments for and against the request. Ms. Schnee said she had provided a prescribed burn plan and Brian Burkeen, Assistant Fire Chief had agreed to be there and help, noted she had several environmental agency representatives at the last meeting who described what a prescribed burn is but did not ask them to come tonight, that it does not produce much smoke, and the two main reasons for the burn are to prevent serious damage and health effects from wildfires and to improve the habitat. She invited someone she met today named Regina, who is an expert in prescribed burns, to speak. Mr. Wright said he would call for public input. Ms. Schnee cited the 19 firefighters and 50 homes burned in Arizona and said newspaper reports said this could have been prevented if there had been prescribed burns, but the government is cutting back. Regina Chesser, owner of Chesser Ag Pro Services, confirmed that American Land Lease owns Park Place and has paid her company to do prescribed burns in Grant. She explained that small parcels like Ms. Schnee's property are where wildfires are started as they did in 1998, said she understands and explained the importance and benefits of controlled burns but also understands people's concerns. She said controlled burns can be controlled but wildfires cannot, if the State were conducting this burn they would not need the City's approval, if there is no burn there will not be scrub jay habitat and the property will become a fire hazard. Ms. Coy asked if she was speaking as a representative of Ms. Schnee and she said she was not, and Ms. Coy noted we have exceeded the five minute public input time and we have many to hear from. In response to Ms. Coy, Ms. Chesser said the burn her company, Chesser Ag Pro Services, was conducting in Grant was on 15 -20 acres and the whole piece was 300 acres, and abutted Barefoot Bay. M Regular City Council Meeting August 28, 2014 Page Five The following members of the public addressed City Council in opposition to the burn permit request. Most expressed concern for fire damage, smoke, health concerns for adjacent residents, lingering effects of smoke and scorched land, and liability issues. Jim Joseph, Palm Lake Club, Sebastian Bob Algor, Park Place, Sebastian Jack Harley, Park Place, Sebastian Sally Gerber, Palm Lake Club, Sebastian Elizabeth Watson, Park Place, Sebastian Joel Roth, Park Place, Sebastian — agreed with other issues and cited zoning issues noting this is multi - family and not a bird sanctuary and should have been rezoned — he read a letter from fellow resident Cindy Fox (see attached) Michael Goodfellow, Park Place, Sebastian — agreed with all concerns and submitted an 85 signature petition opposing permit (see attached) John Smythe, Park Place, Sebastian — former fire commander in PA — no scrub jays will return to burned area for at least five years - methods available for mulching, flailing, prisoners to clear property Others who addressed the issue but not in opposition: Ben Hocker, Sebastian — questioned the time frame for the fire and if only two hours doesn't seem like a dilemma George Millar, Rolling Hill Drive, Sebastian — consider merits of controlled burn versus wildfires Ms. Schnee asked to speak and Mr. Wright said she had her opportunity earlier. She wanted to clarify that she would not be burning the entire property. MOTION by Mr. Hill and SECOND by Ms. Coy to deny the open burn permit. Ms. Coy explained to Ms. Schnee that she changed her position while driving on 1 -95 through Palm Bay and said she went through a scorched area from fire two years ago that smelled very strong still, which made her think of the residents who would have to deal with this. She said she would like to work with Jane to help her maintain her habitat and verified with the City Manager that the City has a "topper". Mr. Wright said he still had very few concerns that fire personnel could not control the fire, but the health issues of the surrounding residents is a greater concern to him, and though we want to respect peoples' right to do what they want to do, we have to consider the rights of others who will be affected. He said the only way we could go forward is for Ms. Schnee to convince the neighborhood to approve of her going forward and he did not see that happening. Mr. Adams commended her for trying to protect habitat but we have to be mindful of other residents, and would be happier to look at other alternative methods. Regular City Council Meeting August 28, 2014 Page Six Mr. Hill agreed controlled burns are important in controlling land; however, this location concerns him with proximity to our most sensitive citizens and makes that paramount. Roll Call: Ayes: Coy, Hill, Wright, Adams Nay: None Passed: 4 -0 McPartlan Absent Mr. Wright called recess at 7:47 pm and reconvened the meeting at 7:59 p.m. 11. PUBLIC INPUT Honey Minuse, Indian River Neighborhood Association, cited the newly adopted County fertilizer ordinance and recommended City Council considered amending their ordinance to comply with the more stringent provisions the County imposed. She referred them to the Harbor Branch and ORCA reports utilized by the County. Glenn Herran, Indian River County Taxpayers' Association, invited the November general election candidates and the public to a candidate forum luncheon on September 11, 2013 at Cap'n Butchers, 1732 Indian River Drive, Sebastian at noon with a cost of $18. He read their mission statement. He said anyone with questions can call John Kistler at 538 -7044. Jane Schnee said she had read that the City is considering straightening Barber Street where it passes scrub jay habitat and cautioned that straightening and removing a stop sign may adversely impact scrub jays and other wildlife crossing Barber by increasing already fast traffic. Mr. Wright said the straightening of Barber will come back for consideration and deliberation by Council. 12. NEW BUSINESS 13.079 A. Presidential Streets (City Manager Transmittal, Coolidge Plan, Grant 125 -164 Agreement S0659 with Addenda) i. Project Update by City Manager ii. Approve State of Florida TDML Grant Agreement S0659 and Authorize Execution by City Manager The City Manager reiterated the requested action to approve the TDML grant agreement for $90K from FDEP which will help mitigate stormwater pollution in the riverfront area, and asked Frank Watanabe to give a quick update of the Presidential Streets project which encompasses streetscape, surface, and drainage improvements along Martin, Washington and Cleveland and to which Council recently authorized adding Coolidge Street to the design. He said he designed an additional 40 parking spaces on Coolidge which may have some permitting issues. Frank Watanabe, Neel- Schaffer, exhibited the design on the overhead, detailed the improvements which were permitted by SJRWMD a year ago, and now adding Coolidge adds 40 more parking spaces, noting 20 on Washington, and 26 on Cleveland. He said the problem we had was by adding Coolidge to the project drainage system, the additional water from that exceeded the overall capacity at the 30" outfall pipe and to increase the pipe size would require we go to other agencies for approval, so SJRWMD said to go with the approved project to add the swale between Coolidge and m Regular City Council Meeting August 28, 2014 Page Seven Cleveland and we would be good to go with the current Presidential Streets project, then make Coolidge a separate project by adding another baffle box to this location and tie into the FDOT drainage system and in the future modify the drainage outlet under Mulligans and have it a joint project with FDOT. He recommended getting this permitted by SJRWMD and combine the two projects and release for advertisement. Mr. Hill said it was phenomenal to have 40 more spots. Mr. Watanabe said as soon as we get the okay from the City Manager we proceed to permit, and go to ad in September. The City Manager said September- October bid let, contract back to Council in November and construction in late December - January and completion around June. Mr. Watanabe said the TMDL grant has a time limit and the project has to be out to bid before October. The City Manager said if Coolidge can be linked in easily we will move forward, and if not they will move on the original plan. Mr. Wright said the design is such that the linkage is just a matter of connecting the construction after approval so it is not like you are dealing with a separate design in conflict. Mr. Watanabe said if something should happen to Coolidge, we can still move forward with the Presidential Street project and not forfeit the grant. Mr. Hill asked if this puts us over capacity for stormwater, how could that affect future paving of Cavcorp, and Mr. Watanabe said he did not do that engineering and had concerns about pulling off that large area, that two pipes in that location are not large enough so there has to be some retainage and the sensitivity of the lagoon would be a hard challenge to do any type of modification. The City Manager said retention areas we looked at when we were going to create impervious surface haven't changed that much so we could probably move forward with that, but it comes down to where we can put the water and other details. He said we have areas we can move water to, so there is potential to pave Cavcorp. MOTION by Mr. Hill and SECOND by Ms. Coy to approve the Florida Department of Environmental Protection TDML Grant Agreement. Roll Call: Ayes: Hill, Wright, Adams, Coy Nays: None Passed: 4 -0 McPartlan Absent 13.010 B. Resolution No. R -13 -17 — Fiscal Year 2012 -13 - 3rd Quarter Budget Amendment 165 -184 (Administrative Services Transmittal. Quarterly Financial Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013 AS PROVIDED FOR IN EXHIBIT "A "; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R -13 -17 by title. The City Manager briefly reviewed the changes. 7 Regular City Council Meeting August 28, 2014 Page Eight MOTION by Ms. Coy and SECOND by Mr. Wright to approve Resolution No. R- 13 -17. Roll Call: Ayes: Wright, Adams, Coy, Hill Nays: Nay Passed: 4 -0 McPartlan Absent 13. CITY ATTORNEY MATTERS The City Attorney said he had provided an outline of 2013 Legislative changes. 14. CITY MANAGER MATTERS 13.119 A. Indian River County Communications Tower Petition — 145' Monopole Russell 185 -190 Tower (City Manager Transmittal, IRC Community Development Department Letter, Location Photos, Maps) The City Manager reported that Indian River County had submitted notification to the City of a request for a cell phone tower just outside of city limits near the Southwest corner and staff recommends that this go before Planning and Zoning Commission at their September 5th meeting for review against our code and forward their recommendation to County Planning and Zoning on September 26th. The City Manager said staff did not recommend approval and cited several requests that have come to the City and been denied. After some discussion it was decided that the P & Z recommendation would come back to Council on September 11th before going to the County. Mr. Wright said maybe we can get someone from the City on the County agenda. Mr. Hill also suggested Council members can contact County Commissioners which he has done. The City Manager said he had been requested by Council members to get the County fertilizer ordinance and would get that on the September 11th agenda. Ms. Coy said she would like to review what the County had done. Mr. Hill said it didn't look too scary. Mr. Wright said he would not see us hiring an enforcement officer, that the County is in a 45 day process of submitting to the State, and that we need to make sure we have the scientific and technical information which he did not think we have available as yet. 15. CITY CLERK MATTERS Briefly reported that candidate qualifying for the November 5, 2013 General Election for three Council seats closes on Friday, September 6th at 4:30 pm and there are currently four fully qualified candidates. 16. CITY COUNCIL MATTERS A. Vice Mayor Wright Mr. Wright reiterated on the fertilizer, that we make sure we are careful of regulations we have to follow to go beyond what we were allowed to do when we approved the State model ordinance. Regular City Council Meeting August 28, 2014 Page Nine B. Council Member Adams Mr. Adams reported he is attending a joint TCRPC /South FL RPC meeting on Seven50 and asked for Council direction. Mr. Wright said he would not want to see high rise development, and that Council had not actively made any decisions as yet and high density residential housing would not fit in Sebastian. Ms. Coy said Seven50 allows for home rule and perhaps what might tie into us is transportation and said MPO is considering readdressing Seven50 again. Mr. Hill suggested bringing up the issue of the lagoon and the fifty year life of the lagoon and how traffic and transit will affect its qualify and life. C. Council Member Coy Ms. Coy congratulated Mr. Adams who was appointed to the FLC Legislative Policy Committee and that Council will support getting him to the meetings. Ms. Coy discussed a new coalition of non - profits called North County Hunger Relief Coalition formed to feed hungry in the area which cooks on Wednesdays at St. Sebastian Catholic Church to deliver hot meals to 140 people who cannot get out but they do not serve lunches at the church. D. Council Member Hill Mr. Hill again reported on the on -going Little League registrations ending September 14, 2013 and said they also need volunteers for coaching and umpiring. E. Mayor McPartlan - Absent 17. Being no further business, Vice Mayor Wright adjourned the meeting at 8:33 pm. Approved at the September 11, 2013 Regular Council Meeting. By: A� W/��w Bob McPartlan, Mayor Attest: \�/J, - Sally A. Maio, MW, City Clerk 9 Cynthia Fox 2508 Kelly Drive Sebastian, Fl 32958 August 28, 2013 Sebastian City Council Sebastian, Fl. 32958 Re: Proposed Barber Street burn Dear Council Members: I am opposed to bane Schnee's request to burn an area near my home. I suffer from asthma and am on 3 different daily medications in an effort to control my breathing problems. My husband and I lived in Micco during the time of the Palm Bay fires - we were about 5 miles from the active fire, but we had burning embers float down on our property after an unexpected wind shift. I suffered severe breathing issues for over a month due to the smoke. I hope an alternative solution to the situation will be explored. Thank you. Petition to Stop "Controlled Burn" Action petitioned for: We, the undersigned, are concerned citizens, residents, and homeowners who urge the City of Sebastian to deny the application for a "Controlled Burn" requested in the area across Barber Street from the Park Place Community, adjacent to the Palm Lakes Club and area homes. Printed Name Signed Name Address Comment Date <c� � O k e I-- �'� � �,U-) 3 F Jb 3 A,2 . 33 n1 n J /�G �iC ✓� �' %3 e GA— �I�- K�A- -� SC -FtuJ i � �u � u, �G'� /� � 7 (� , ✓�� i�j 3 Petition to Stop "Controlled Burn" Action petitioned for: We, the undersigned, are concerned citizens, residents, and homeowners who urge the City of Sebastian to deny the application for a "Controlled Burn" requested in the area across Barber Street from the Park Place Community, adjacent to the Palm Lakes Club and area homes. Printed Name Signed Name Address Comment Date L CZE�,I� EU c'-c ti� Gt 9zti /0-&/ jV . l , VC I��j C�l.�{d/v S c' ; �.V�� �l�l �v %X2 J4 tr, eE&- �5 -z !/r FaLL 02gZaA) � -2 E Ll9 kt 0^ -� A LIZ' ZZZZQ- 0� Imo- 2- 5- W o W. L-t I, C L k J J /l < <��� 3 Cl. r 3P- V/3 Petition to Stop "Controlled Burn" Action petitioned for: We, the undersigned, are concerned citizens, residents, and homeowners who urge the City of Sebastian to deny the application for a "Controlled Burn" requested in the area across Barber Street from the Park Place Community, adjacent to the Palm Lakes Club and area homes. Printed Name • I • • • . Vill V400 / ✓/✓ w% A It F x SM .H.� i M' , PM 'M'v i DA 4 SM. M - saw i WIFIAM . 01-146- rw EMS J .1 Petition to Stop "Controlled Burn" Action petitioned for: we, the undersigned, are concerned citizens, residents, and homeowners who urge the City of Sebastian to deny the application for a "Controlled Burn" requested in the area across Barber Street from the Park Place Community, adjacent to the Palm Lakes Club and area homes. Printed Name ed Name Address Comment Date �LL�� 0 -ice � 20S C G,��w O/L c c�.��i� --- i, 7, 77 0 vC �3Z TY i�� e Zt l G A z7 �3 q --Z I I S f t! A Lc-,.) C �/ 14 cRaw AA 6. — M /"- Iz 4, 7,-" r. a IN t . Action petitioned for: to Stop "Controlled B We, the undersigned, are concerned citizens, residents, and homeowners who urge the City of Sebastian to deny the application for a "Controlled Burn" requested in the area across Barber Street from the Park Place Community, adjacent to the Palm Lakes Club and area homes. 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Printed Name Signed Name Address Comment Date L/ 4 1 /?,, �ak 91_ U 413 6 -,5 G/0 V/ n e /1 e vl Gti o2�P T)INt'."'I 3(,015 W b j7r o , Petition to Stop "Controlled Burn" Action petitioned for: We, the undersigned, are concerned citizens, residents, and homeowners who urge the City of Sebastian to deny the application for a "Controlled Burn" requested in the area across Barber Street from the Park Place Community, adjacent to the Palm Lakes Club and area homes. Printed Name Signed Name Address Comment Date lz,�r1.� 1/f �%� 5 a,� �44 v 5 Se- I ( V.C6 6n% X �I �. . )IS )ISI w -L-AkevAeu) d- e�'4 k 240mie/1V -Pe- Pe-d ,� e G 6"f2 -- l-u 3 k�Y G-W#60 44 4 3 iKil //-- 161:5 4/4 --Z -61 � A- C-L- Petition to Stop "Controlled Burn" Action petitioned for: We, the undersigned, are concerned citizens, residents, and homeowners who urge the City of Sebastian to deny the application for a "Controlled Burn" requested in the area across Barber Street from the Park Place Community, adjacent to the Palm Lakes Club and area homes. Printed Name Signed Name Address Comment Date /J 116all L L C) ZJ0 6c,�-D