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HomeMy WebLinkAbout10092013 MinutesMY OF SES, ET!A1 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 9, 2013 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Regular Meeting to order at 6:30 pm. 2. Invocation was led by Pastor Grant Foster, Riverside Church. 3. Vice Mayor Don Wright led the Pledge of Allegiance. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice -Mayor Don Wright Council Member Andrea Coy Council Member Jim Hill Absent: Council Member Jerome Adams (excused) City Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Administrative Services Director, Debra Krueger Community Development Director, Joe Griffin Police Chief, Michelle Morris Public Works Director, Jerry Converse Network Manager, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS A. Proclamation — National Arts and Humanities Month October — Accepted by Barbara Hoffman, Chairman of the Board of Directors Cultural Council of Indian River County Mayor McPartlan read and presented the proclamation to Barbara Hoffman, Chairman of the Cultural Council, who made a brief presentation on US News which voted Sebastian/Vero Beach area as one of top ten best places to live for cultural venues and discussed the importance of the arts. Ms. Hoffman provided 2013-2014 event guides. Regular City Council Meeting October 9, 2013 Page Two B. Brief Announcements i. 10/5/13 - Craft Club Autumn Show at Riverview Park — 10am-4pm ii. 10/19/13 — Making Strides Against Breast Cancer Walk at Riverview Park 8::3n0 am �+ iii. 10119i:13 t1i-13 SebastiaR p iv in Riverview'-P"r-CiFk 10 am Ms. Coy said the Sebastian Clambake is November 8, 9 and 10. �iZ�P►L9 � �i�[e3�i:U7-1 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. A. Approval of Minutes — September 25, 2013 Regular Meeting 13.140 B. Christmas Parade Street Closings — December 7, 2013 (City Clerk Transmittal) 13.141 C. Resolution No. R-13-35 — FDOT JPA — Airport Equipment Acquisition (Community Development/Airport Director Transmittal, R-13-35, JPA) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING FOR THE ACQUISITION OF STORMWATER MAINTENANCE EQUIPMENT AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. MOTION by Ms. Coy and SECOND by Mr. Wright to approve item A -C. Roll Call: Ayes: Wright, Coy, Hill, McPartlan Nays: None (Adams Absent) Passed 4-0 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 13.142 A. Construction Board (City Clerk Transmittal, Application, Ad, List) i. Interview, Unless Waived, Fill One Expired, HARV Contractor Position — Term to Expire September 30, 2016 The City Clerk explained there are four expired positions, two of them vacant, and two held by current members, one of those being Mr. Dalessandro's regular member position and he wishes to be reappointed. MOTION by Mr. Hill and SECOND by Mr. Wright to appoint Frank Dalessandro. No roll call was necessary since he was the only applicant and all members concurred. 2 Regular City Council Meeting October 9, 2013 Page Three 13.143 B. Planning & Zoning Commission (City Clerk Transmittal, Application, Ad, List) i. Interview, Unless Waived, Fill One Vacant, Alternate Member Position — Term to Expire 11/1/2016 The City Clerk explained that John McManus was the only applicant for the alternate position, he has appeared before Council for other P & Z positions, is out of town and could not be here, but would like to be appointed. MOTION by Mr. Wright and SECOND by Ms. Coy to appoint John McManus. No roll call was necessary since he was the only applicant and all members concurred. 13.144 C. Police Pension Board (City Clerk Transmittal, Code, Applications, Ad, List) i. Interview Unless Waived, Fill Two Civilian Positions — Term to Expire October 1, 2017 The City Clerk explained that there are two applicants for two citizen positions on the Police Pension Board, current member Robert Zomok and new applicant Bruce Hoffman, noting that Mr. Hoffman is a member of the Budget Board but the City Attorney has opined that he can serve on both committees since the Police Pension is not a true City board. MOTION by Mr. Hill and SECOND by Mayor McPartlan to appoint Robert Zomok and Bruce Hoffman. No roll call was necessary since they were the only applicants and all members concurred. 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS 13.139 A. Consider Request for Farmers Market (City Manager Transmittal) The City Manager said he had provided a rough draft agreement on how a farmer's market could operate at the direction of Council and input from Brittany Swartz at the last Council meeting, and briefly reviewed some of the provisions. Mayor McPartlan called for the applicant to make a presentation and then have public input. Brittany Swartz and Georgia Irish, Oceanside Business Association came to the podium and Ms. Swartz said the Vero Beach Farmers Market had been visited by Jacque Petrone from Halo who presented an idea to bring a similar market to Sebastian to benefit Halo. She said she had heard negative viewpoints and addressed those, stating this would not be a flea market and Sebastian businesses would have first priority over vendors from outside the area, that while she understands some may view it as competition to local businesses, that would be the case only if they chose not to participate. She said we would all like to have a monopoly but that is not the way America works. N Regular City Council Meeting October 9, 2013 Page Four Georgia Irish, President Oceanside Business Market, Sebastian resident for ten years, said the Farmers Market brings more business to Ocean Drive businesses and they have far more than we have in Sebastian and it has added to those businesses, that tourists love to stroll through markets, that Vero Beach is a green market and does not allow trinkets. She said lifestyles have changed for the better and it brings awareness to the people who come. She said a market from 8 am to noon on Sundays will not take away from other businesses and as a matter of fact, Chefs come to the market to purchase for their restaurants. Todd Sims, 1082 Genessee Avenue, new resident to Sebastian, said letting one vendor in one day a week then another and another may turn this into a flea market, urging Council not to let vendors in there and leaving the park the way it is, with the exception of the few festivals. ??, resident over ten years, George Street, Sebastian, said the Green market being organic creates a draw for those who don't normally come here and helps a good cause and once per month is not going to impinge on anybody's rights. Ms. Coy said they are requesting the event once a week. Brian Davis, 5th generation Sebastian resident, said it is a great idea and suggested they could give a special area for IRC grown produce. Ben Hocker, Sebastian, said in going over the contract even though it is to benefit Halo, we would have an independent LLC operating in our park with profit to the LLC for $200 per year and as a taxpayer he sees this as supporting a private business. He suggested that if it were in a different area like the airport it might be feasible, and that we have only given these types of contracts for use of the park to non -profits, and did not feel we should give the park away for an independent company. ??, supported Halo 100%, said that a green market is a good idea and that this is not different from anything else that is in the park. Jacque Petrone, Halo, said that D&B Media was not supposed to be on the contract, that actually it should be Halo and she would hire D&B to work for her, it is not for private business but for a non-profit. She described the work that Halo does for the animals and people of the area, and it is because of her efforts and those of Maria Hart, who owns the Halo building, the gift is given to the community. She said she wants Halo to flourish and said we should be proud that Sebastian has a no -kill shelter and it is because of a lot of work by small number of citizens who help them. She said this will help to provide an income and they wanted to bring in other non -profits in the community and local musicians from schools to play. She asked Council to just give it a try, that it is not going to be as bad as some members think, will not be a flea market and if told they are not doing something right they will change it. Mayor McPartlan asked that there be no applause or we would have to discontinue input. Roger Harrington, Chello Avenue, Sebastian, said there are a lot of things his family enjoys at the park, but when he heard this would be once a week, he thought people should be allowed to enjoy the parks without someone trying to sell them something. He said he likes Halo but his problem is with the event week after week and was concerned about road closings. 4 Regular City Council Meeting October 9, 2013 Page Five Laura Dunn, 574 Frank Avenue, Craft Club, said many of their members drive to the Vero Beach Farmers Market for organic food and we need one here in Sebastian, that it will bring people into Sebastian who will go to local restaurants, and that it will only be held on one part of the park on the east side. Colleen Sanders, business owner, 312 12th Street Vero Beach, director of a non-profit, said she goes to the Vero Beach market and it is not predominately organic, and she still goes to the local produce markets in Sebastian. She said there is no proof that it benefits local businesses. Trisha Donnelly, Sebastian, said this is a wonderful idea for Sebastian and has been needed for a long time, is wonderful for business especially with economic times the way they are, that Halo is a wonderful organization and is very important to the community and the animals. ?? Rejos — said a fresh market will bring other people to Sebastian, that when she visits the other market she goes to other places, she said there are not enough people in Sebastian to support our local businesses and this will bring people from other towns and benefit Halo. Tim Timinsky 11230 South Indian River Drive, Sebastian, Kroegel Produce, said he had sent Council a letter, said he did not want to see businesses outside of Sebastian taking money out of Sebastian, that the idea of a market is fantastic but they should fill it with Sebastian farmers and businesses. Joseph Richter, 30 year Sebastian resident, asked if it was considered what amount of parking will be needed, said we are a sleepy fishing village with boaters and the Yacht Club ramp is right there, that Mulligan's people use the Cavcorp parking lot and asked how will the market will impact that parking, stating it is not a good idea. Kelly Alonzo, Native Tackle Supply, said several people stated that this will draw attention to local businesses but they actually will struggle. She said if it brought in local businesses she would agree, said her experience was that even though they say they will use overflow parking, they will use Cavcorp, that every boater that comes back in is blocked in. She said she would like to ask to be put on an agenda regarding the closing of ramps and streets, said she understands the parades but had concern for the road races which shut down her business, that her customers and vendors are blocked from coming through. She said she had signatures on a petition from boaters and businesses and has met with the City Manager. Ms. Coy said she would like this agendized. Christie Linz, small business owner on Indian River Drive, said she supported Halo but had a problem with what businesses are going to be brought in, do they have licenses in the City or County, said she was the smallest operator in the City, just her, and was concerned they were going to be blocking the only kayak ramp where her customers go out. She asked if these businesses would bring money to Sebastian and asked why she needs a license when she could hook up to this group and put up a tent. In response to Ms. Coy she said she has a kayak business and docks at Mulligans. Ms. Coy asked the City Manager if there was any planned blockage of streets, and he said no but the kayak launch ramp is on the east side of the park where the market is planned to be. Regular City Council Meeting October 9, 2013 Page Six Philip Thibodeau, Sebastian, suggested that there be provisions to impose a higher fee for out of County vendors. Rose Harris, 13320 Old Dixie Highway, said we should keep the public park a recreation facility and support our local businesses, that she works for Kroegel produce and kayaks and has a dog from Halo, that she helps with kayaks from that area, noting most kayakers have to get out on the water early, urging that Council support our own City and keep it local. Mayor McPartlan closed public input. Ms. Coy asked Brittany Swartz to come to the podium to respond to her question. Ms. Coy asked her why she needed electricity, and Ms. Swartz said for vendor cash registers and grills. Ms. Coy said she did not realize there were food booths until she viewed photos. Ms. Swartz said they are hoping to get Sebastian residents to do breakfast items. She asked to clarify two items and Ms. Coy noted public input had ended. Mayor McPartlan said no one doubts the benefits of Halo, but the big question is can the market be done somewhere other than the park. Mr. Hill said he would not be in favor of letting any group use that of the park every week, that is belongs to the people of Sebastian. Mr. Wright said a lot of issues have been raised, and all have their position. He expressed concern for the grills, and agreed with Mr. Hill that we approve special events that provide a unique activity but have never approved continuous weekly events, and the appropriate place for this is not in a public park. He said people who have called say a public park is not an appropriate place and it should be on private property, some had difficulty with kayak launching and parking. He said the concept is something we could work out but not at that location. Ms. Coy said it is great that people are passionate and here tonight and had not thought this would be difficult to discuss, noting the Vero Beach market is a class act, but this is Sebastian and we operate differently. She said she had forgotten about the kayak launch until it was mentioned, that she had a lot of phone calls and emails on both sides and both sides have merit. She said it was a tough decision but that Sunday morning is pretty quiet in Sebastian, and challenged that people would come from Vero or Palm Bay since they already have markets, as does Fellsmere and Roseland. She noted Jackie gave a marvelous speech and said she does a lot for Sebastian but perhaps this should be in a different location and less intensive and was not sure Sebastian could support a market every week in one location. She said she was open to other alternatives but the intensity in a public park would not fly with her. Mayor McPartlan said the consensus was for another location and not in the park. Mr. Hill said also a concern of outside vendor competition, saying this location is unacceptable to give away every Sunday morning and competing with local businesses concerns him, that private property is the way to go. Mayor McPartlan clarified it is a no go with a farmer's market in the park. G Regular City Council Meeting October 9, 2013 Page Seven Mayor McPartlan called recess from 7:32 pm to 7:43 pm. All members were present upon return. 11. PUBLIC INPUT Russ Owen, 1050 Guava Street and Columbus Street, asked about the timing for the Presidential Streets project. The City Manager said we have officially let the bid for the Presidential Streets, the bid opening will be November 13 and the award will come to Council on December 11, with a start date the first part of January and should be wrapped up by June. Mr. Owen expressed concern for the timing noting snowbirds will be out of there by then, but traffic here in town is busy during the construction. The City Manager said the speaker was advocating we start in June rather than January. Ms. Coy told Mr. Owen to watch our agenda for December 11th for the contract at which time he may speak again on the subject. Mr. Owen expressed concern for standing, stagnant water in his backyard ditch which is creating mosquitoes and leeches and said he would like to find out what can be done to remedy this as well as runoff from the culvert between his house and his neighbor's yard which pools in his front yard. He said a City inspector came out 2 Y2 months ago and nothing has been done. Mayor McPartlan asked the City Manager to have someone check it out. At five minutes, Mr. Owen was told his time was up and Mr. Wright asked for one more minute for him. Mr. Owen said where you turn from CR512 to Roseland Road, you can't see anyone coming along the sidewalk and trees need to be removed. 12. NEW BUSINESS 13.145 A. First Reading of Ordinance No. 0-13-12 — Prohibiting Sale of E Cigarettes and Liquid Nicotine to Persons Under 18 Years of Age (City Attorney Transmittal, 0-13-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING SECTION 50-6 OF THE CODE OF ORDINANCES UNDER CHAPTER 50 "HEALTH AND SANITATION" PERTAINING TO THE SALE AND USE OF E - CIGARETTES AND LIQUID NICOTINE AND PROVIDING THEREIN FOR DEFINITIONS, FOR A PROHIBITION ON THE SALE WITH THE CITY OF &CIGARETTES AND LIQUID NICOTINE TO PERSONS UNDER EIGHTEEN YEARS OF AGE, FOR A PROHIBITION ON THE USE WITHIN THE CITY OF E -CIGARETTES AND LIQUID NICOTINE, PROVIDING FINDINGS, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-13-12 by title. Mayor McPartlan said he had requested this item and asked about concerns with paragraph F. 7 Regular City Council Meeting October 9, 2013 Page Eight The City Attorney said he had received emails on that issue but later emails indicated there was not a problem. The City Attorney said this is new material, a number of governments are looking at the same issue, said the State has ruled that e -cigarettes are tobacco products and have the same regulations as tobacco products and that legislation in place for tobacco will also regulate these e -cigarettes. He said no court has weighed in yet, and when FDA tried to keep them out, the makers got an injunction against the FDA by claiming this is a tobacco product and not drugs, so the State says tobacco and it could be that a court will say they are tobacco products because nicotine is derived from tobacco. He said the other area of uncertainty for him was that Florida has regulations in other areas of the statutes that deals with where you can smoke and no court has weighed in yet on whether that use is like a lighted tobacco product and he has treated them as lighted the same as a cigarette ban. He said Clay county has adopted a similar ordinance and Vero Beach is having a first reading next week, noting a copy of a newspaper article from Press Journal (see attached) he provided to Council, which is something we can look at during the second reading. He said the materials in the packet were given to him by the Mayor. He said if Council does this they would be among the leading governments to do so. He said State law says you have the power to enforce tobacco statutes. In response to Ms. Coy, the City Attorney said the opening points in the ordinance cite legislative findings and are good if we have to defend this in court. Mr. Hill asked if the State considers e -cigarettes the same as tobacco wouldn't the same laws apply and effectively cover them as well. The City Attorney said yes but not all State Attorneys agree with that so State law may not be enforced. Mr. Hill asked if is legal right now to sell them to someone under 18, and the City Attorney said the State says no. Mr. Hill asked if they are selling them to minors now and the City Attorney said he did not know. Chief Morris said the City Attorney is correct, they are selling to minors, the Police can do stings but the State may not prosecute, so if we pass an ordinance it would be a violation of the ordinance. MOTION by Mr. Hill and SECOND by Ms. Coy to pass 0-13-12 on first reading. Robin Dapp, Substance Abuse Awareness Center of Indian River County, said she was very pleased to see this here tonight and said it is about the safety of children. She said Indian River County is considering this as well. David Cavell, Substance Abuse Awareness Center, said in the absence of an ordinance we can't do stings, and cited statistics that show children smoking has decreased from 12% to 2% because they don't see it, but if this is introduced to them they may see it again and be introduced to the addiction. Ms. Coy said she does not defend it for children but that it does help adults quit smoking. Roll Call: Ayes: Coy, Hill, McPartlan, Wright Nays: None (Adams Absent) Passed 4-0 8 Regular City Council Meeting October 9, 2013 Page Nine 13.146 B. Resolution No. R-13-29 — Ratifying PBA Collective Bargaining Agreement (City Manager Transmittal, R-13-29, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION (CFPBA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2016; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTION IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-13-29 by title. The City Manager reviewed the changes in the collective bargaining agreement ratified by the PBA. MOTION by Mr. Hill and SECOND by Mr. Wright to approve Resolution R-13-29. Roll Call: Ayes: McPartlan, Coy, Hill, Wright Nays: None (Adams Absent) Passed 4-0 13.147 C. Confirm Amendments to Management Benefits (City Manager Transmittal, Management Benefits Package) The City Manager stated that the Management benefits models what we do with PEA and PBA and briefly went over the changes, noting longevity pay will be restored in two steps, first by supervisors in 2014 and then department heads would be eligible in 2015. MOTION by Mr. Hill and SECOND by Ms. Coy to approve. Roll Call: Ayes: Wright, Coy, Hill, McPartlan Nays: None (Adams Absent) Passed 4-0 13.148 D. Confirm Resumption of Existing Charter Officer Contract Provisions (City Manager Transmittal) The City Manager said he brought this item to confirm the end of furlough days and restoration of the contractual health benefit voluntarily suspended by the City Manager and City Clerk as a public directive. He said the third item was to include the charter officers in the employee golf benefit policy. MOTION by Ms. Coy and SECOND by Mr. Hill to approve. Mr. Hill said what is being asked is to make the contracts whole, and said both had done a tremendous job doing more with less and gladly supported it. Ms. Coy said they voluntarily withheld, they are contract provisions. Mr. Wright said it was totally appropriate, did not want to argue the golf benefit and had no problem with the pricing, but maybe the City Manager should have a golf benefit package. Mayor McPartlan said both made considerable sacrifices. Roll Call: Ayes: Coy, Hill, McPartlan, Wright Nays: None (Adams Absent) Passed 4-0 9 Regular City Council Meeting October 9, 2013 Page Ten 13.124 E. Barber Street Bridge Closing (Between Joy Haven & Concha) — Frank Watanabe (City Manager Transmittal, Road Closure Plan) The City Manager said item E and F can be done together by Frank Watanabe who will offer reports on the proposed bridge closing and then the NPDES report on the do's and don'ts of stormwater management. Frank Watanabe gave a brief reporting outlining the suggested detour route on an overhead, closing to be from 8 am to 5 pm for five working days, November 4 through 8. The City Manager said we will get a map on our City website and advertise in the newspaper. Ms. Coy suggested a simpler map that shows the city street names being used. It was the consensus of Council to concur with the plan. 13.136 F. Stormwater BMP Updates — Frank Watanabe (City Manager Transmittal) Cindy Watson, Neel -Schaffer gave a Power Point Presentation on Stormwater Best Management Practices (see attached), citing the City's Natural Resources Board website stormwater BMPs education link, and City Stormwater brochures. It was noted the City's Stormwater NPDES ordinance will come back for approval on October 23, 2013. 13. CITY ATTORNEY MATTERS None. 14. CITY MANAGER MATTERS The City Manager clarified they would like to do the Presidential Street project in the summer not to deal with crowds, but there are tricks with the rainfall. He also reported that the FIND Grant Agreement for the Fish House is on his desk and will come to Council on October 23rd 15. CITY CLERK MATTERS Thanked Council for their confirmation on her contract. 16. CITY COUNCIL MATTERS A. Council Member Hill Mr. Hill suggested the Fresh Market could consider the Village Shops on Sunday morning and maybe work something out. The City Manager said he had talked to them about this site, and that the Code would allow for that type of setup under special events. Ms. Coy also suggested the parking lot south of Country Ham and Eggs. 10 Regular City Council Meeting October 9, 2013 Page Eleven B. Mayor McPartlan Mayor McPartlan said the National Night Out Event was great and the Police Department did an excellent job, saying he was approached by Dr. Primus for a health fair in the park on October 26tH He reported that Big Brothers and Big Sisters is doing a push for volunteers in Sebastian where there is a huge need. C. Vice Mayor Wright Mr. Wright requested an agenda item for the October 23rd meeting with speaker Marty Smithson on the Regional Economic Benefits of Sebastian Inlet, who has a keen awareness of the situation with seagrasses in the lagoon, and has reported that seagrass is coming back in certain areas. D. Council Member Adams Absent. E. Council Member Coy Ms. Coy asked the City Manager if more golf meant less Power Point Presentations. 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 8:55 pm. Approved the October 2 , 13 gular Council Meeting. By: Bob Mc artlan, Mayor Attest: 0 Sally A. Maio, Mlyt, City Clerk 11 �OO O OpT�\V1�.�s��LOIIi 1000E m0�0 � �0,® Off_ O ooQ � o O o p00000 �.�� 0 � ►0 O.. p0�0 �0�0000 �L�l Opo©O ►.��0� am�OR �o0 0.000 v` L 000 p ' v'v-v�i ' a A O 1$aee0��':0me©e©�ee�ee�i�e�'i EIS �A00�goo 00 mm�o��o� e.. m�ooe eee n aW m NEEL-SCHAFFER 2825-B 20th Street Vero Beach 1021ea 72580 PH: (772) 770-4707 AX: [7721770-0800 CA00008556 CONSTRUCTION NOTES: 1❑ PLACE CHANGEABLE MESSAGE SIGN(PCMS) -SEE MESSAGES BELOW �2 PLACE TYPE III BARRICADE WITH SIGN 'ROAD CLOSED' ❑3 PLACE TYPE II BARRICADE WITH DETOUR SIGN AND ARROW LEGEND PRO )ECTSOUNOARY (CITY OF SEBASTIAN) ROAD CLOSURE STREET. DETOUR STREETS GENERAL NOTES ALL MAINTENANCE OF TRAFFIC (MOT) SHALL MEET FOOT LATEST DESIGN STANDARDS 2013 IND" -I FOR TRAFFIC CONTROL. ROAD CLOSURE AND PLACEMENT OF BARRICADES SIGNS AND CONES. THE WEST MELBOURNE POLICE DEPARTMENT WILL PERIODICALLY STOP TRAFFIC FOR 15 TO 20 MINUTE INTERVALS FOR THE PARADE RUN AND RE -OPEN ROAD TO ALLOW TRAFFIC TO CROSS. PCMS MESSAGE: SOUTHBOUND BARBER BRIDGE USE CONCHE 10-p7_13 TO WILL BE NORTHBOUND 10.1413 CLOSED USE 8AM-5PM JOYHAVEN SEPTEMBER 30, 2013 rBARBER BRIDGE NS.11571E000 MAINTENANCE OF TRAFFIC (MOT) ROAD CLOSURE BY STEPHANIE LABAFF THE NEWSWEEkLY VERO BEACH -- They don't smell, they doi t burn and they . seem to be the perfect answet. to smoking in public. Just the same, the Vero Beach City Council wants to regulate elec- tronic cigarettes. . Questions remain .about the . safety of these devices sweep- ing the nation, which.create a nicotine -based, battery gener- ated vapor. The Council voted 4-1 at its Oct. 1 meeting to have City Attorney Wayne Coment put together an ordinance to regulate e -cigarettes similar to other tobacco- products.. Mayor Craig Fletcher was the lone holdout against moving forward with a local ordinance to control the sale of e -cigarettes PHOTO PROVIDED An -electronic cigarette.is a battery operated device that heats. liquid nicotine, producing a vapor instead of the smoke from a traditional tobacco cigarette. to minors, the placement of the new techno-nicotine products behind counters and the ban- ning of. e -cigarette smoking in public places. Basically, council members want the e=cigarettes to be reg- ulated like other tobacco prod- ucts and since the. federal and state government are dragging their collective feet to make this determination, municipal gov- ernment -is stepping in.. E -cigarettes are battery-oper- ated devices that mimic tradi= tional cigarettes. The nicotine STORY CONTINUES ON 2 E -CIGARETTES FROM PAGE I is delivered in a vapor inhaled by the smoker. The cartridges of liquid still contain varying amounts of nicotine and other chemicals, similar to tobacco - based products. There are currently no fed- eral age restrictions prevent- ing children from purchasing e -cigarettes and ad campaigns are suspiciously youthful in nature. E -cigarettes are available in an assortment of flavors that appeal to young people, such as strawberry, root beer -and mocha latte. Somehow this product has managed to slip under the radar, until recently. Both the Food and Drug Administration and the Center for Disease Control are raising red flags and are working toward correcting this oversight Councilmember Dick Winger brought the. issue of e -cigarette usage to the attention of the Council. "I'm concerned that with easy access to the e -cigarettes; that teenagers will get hooked on them, said Winger. "I am seeing more and more people smoking them in public areas' . During a discussion of the issue, Coment explained the legalities 'of enforcing ' code restrictions placed by the city. As 'e -cigarettes are currently classified, .the State Attorney's office is refusing to prosecute cases of the sale of e -cigarettes to minors. The ambiguous nature of the regulations has left many local governments in a quandary how to handle the -trendy new smoke product, ."which limits the City of Vero Beach to civil violations;'.said Coment. Earlier this year the Clay. County Board of County Com- missioneis passed an ordinance regulating the use' of electronic cigarettes similar to those mandated for other tobacco products. The Tobacco Control Act allows state and local governments to place and enforce regulations regard- ing tobacco. More and more state and local governments are invoking: this right and working toward the placement of e -ciga- rette restrictions. Legitimate concerns have begun to arise along with the increase in e -cigarette usage by high school students, which more than doubled over the past year. . Electronic cigarette sales are expected to reach $1.7 billion in the U.S. this year alone, accord- ing to statistics published in The New York Times. E -cigarettes dont have the tar or the exact same chemi- cal makeup as cigarettes, but still deliver nicotine which is addictive. . Touted as.a healthy alterna- tive to tobacco, the assertion is more than questionable. There is no regulating body. ensuring that the manufactur- ing process or the ingredients used are safe or sanitary. In fact, Mr. Nice Guy, the Y YYVYVV 0 YYVb.. Many area -bars allow the "vaping" (smoking) Qf e -cigarettes. West Palm Beach company that was shut down last year for manufacturing, synthetic mari- juana, is now producing viles of nicotine based oil for e -cigarette vaporizers. . Several local e -cigarette ven- dors.were polled and all stated firmly that they do not sell the. product to anyone under 18 -years -old and require proper identification. The Florida Department of Alcoholic Beverages and Tobacco has deemed electronic cigarettes or products contain- ing nicotine from tobacco leaves should be regulated by the state like other tobacco products. The state statute allowing the control of tobacco reads, "it is unlawful to sell those products including electronic cigarettes to persons under the age of`18 pursuant to the statute that regulates tobacco products." Smoking in public places is a distant memory for most. What was once considered chic is now frowned .upon. Marge part of the divide between smokers and non-smokers revolved around the smoker's "right" to smoke infringing upon. the non-smoker being subjected to exposure to second-hand smoke, which was proven to be harmful. Research is underway to determine whether or not the nicotine vapor produced by the e -cigarette is harmful like the second hand smoke pro- duced from traditional tobacco products. Many local bars prohibit - ting smoking of tobacco prod- ucts allow patrons to drag on their, e -cigarettes. But smokers shouldn't get toocomfortable with their new found smok- ing freedom, as state and local governments are gearing up to regulate e -cigarettes and tax them, too. Coment is scheduled to bring an ordinance to the Vero Beach City Council for a first reading at the October 15 meeting. .,�� ,� s ..: 'r. ,� -..----Cie a n Water Act (CWA) NPDES -National Pollutant Discharge Elimination System (NPDES) - Established by the US Environmental Protection Agency in 1990 under the Clean Water Act (CWA) Address stormwater runoff from municipalities In October a000, the USEPA authorized the Florida Department of Environmental Protection (FDEP) to implement the program in Florida MS4 (Municipal Separate Storm Sewer Systems - a Phases * Phase I - Addresses medium and large municipalities * Phase II - Addresses small municipalities Sebastian such as K_ NEEL-SCHAFFER MS4 -Municipal Se-per-ate-�tQrm Se-wer- System A Phase II MS4 - • A system of publicly owned conveyance(s) and includes roads, curbs, gutters, swales or ditches that discharges to surface waters of the State (Outfalls), and is designed or used solely for collecting or conveying stormwater, and is not a Phase I MS4. Regulated small MS4 operators must develop and implement a stormwater management program (Notice of Intent - NOI) that includes measurable goals and best management practices of their choosing for the following six minimum control measures: 1. Public Education and Outreach: 21. Public Participation/ Involvement: 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff Control 5. Post -Construction Runoff Control 6. Pollution Prevention/Good Housekeeping —•��+ .u1LL F. 114 I,V 1.�4 1.FYRRIf 1'Y.WSfIT p41R III.vl:11ARGp ®(1F.TURAMVE WR[MSBWE1R 11 .v R:IpAI.>ffpAAA7R iIVNM 4fiRfER sti.TEMn IRRLR ♦IiiLI011TRlL Rhf.l Illicit Discharge Detection and Elimination - (IDDE) MinimumwC--ontrol---M- ensure '�- -- • Any unauthorized discharge other than clean stormwater. . • Environmental Protection Agency (EPA) Defines Illicit Discharge as "any discharge to an MS4 that is not composed entirely of stormwater" • What is required under the Minimum Control Measure? •A Storm sewer map - showing all outfalls and names and location of all waters of the US that receive discharges *Ordinance prohibiting non-stormwater discharges •A plan to detect and address non-stormwater discharges •Education of public employees, businesses and the general public about the hazards of illicit discharges •A determination of appropriate (Best (BMPs)and measurable goals NEEL-SCHAFFER = 5,1u 1 ns you can build upon Management Practices �l �R* ���oaw lob A .4 i y , _ -� � i���'���- i 1 s pur AU p lob A .4 i y , _ -� � i���'���- •Examples of an Illicit Discharge •Compactors (food store) • Dumpsters, Roll off Dumpsters •Car wash wastewater from personal washing or charities •Floor Washwater •Improper oil disposal •Oil spots - parking lot •Radiator flushing disposal • Laundry wastewater •Improper disposal of auto and household toxics •Sediment and pollutants from construction sites •Hosing down roads and sidewalks •Yard waste in the street •Sources of Illicit Discharge •Sanitary Wastewater -Carwash •Laundry, and other industrial wastewater •Household toxics •Pesticides •Spills on roads NEEL-SCHAFFER sol�.crocs ya„ can Gu41e upon Assess ment of Illicit Discharg __--`Prioritize Areas of Investigation • Conduct field investigations • Are there a history of complaints? • Construction sites - after it rains • . Commercial and industrial areas e Potential = • Know who the hazardous waste -generating businesses • Remove the Source *Notify the property owner or manager of the activity causing the discharge *Specify a length of time for eliminating the discharge •Document and track compliance gM s flee- yo... I... buUd ..vo.. Goa -Is and Strategies Implementation Develop Achievable, Measurable IDDE Goals or Best Management Practices (BMPs). Investigate Areas or Receiving Waters that maybe impacted by Illicit Discharge. Develop Resources to Eliminate the discharges? (Website, Brochures,) Develop Standard Operating Procedures (SOPs). (Education) Procedures, Reporting Requirements, Contact Staff, and Schedules. Develop an Ordinance for Illicit Discharge that .Businesses, Industries, Public and Construction companies have to comply with. ONO MME NO. OA34i M OAYWICB Oi OIY OF euunnxx. ixnur, arvm COtAY. F,bA4 %IIBOY C%Mi6l ,a: ar x¢ cWE aF OIE.YIA9 GfAtMO %.PC18 J� x i0 T11e Y�L®If%}IpN q' IW YAM C101vtu kM OY41R {M/1pA1{yp pppyYrpl COlflppLyxORxv io �.iCE .ap�l srsieN iAq M 1111% reYe�ur aeM luta Pc1t FArmdlo Fa0. Fuwwc%A unm1,; F%Yvauw� vo. .I.o1PA. xo vxnanch: FPO.w1u �1qP ��p.mI.�A11k x.v.OF10 Fan FParo.n 1oP aao.eaA,r. 11oFOq FOP AWK an Ca1NJa1.l0 0110�4N<2.: FwFa1Y FaP aww.dn uo Rxac P.crya sne.w.... �r.vwwaF. Y.r, sr.m. nv. a%i,ra F�,wru.� srm.mm M�roFs� s�ar�w%w Fu;n:uro �n' dam.ymx•^4W.. d. Gry Ns%.aruuwtc+a.f e �.p�.. n�wiuunm nw.e wm+sw �wle,hatupv d. k0 w`%MNr.Iq omdYn. • x.cuM RVO. wct u. w4 Mn.t yrb � Wo:Na a o%..ve un aur Wpple.MONMPp. hL NEEL-SCHAFFER = Sol uxianv you c:.n build upon c Al N ry Er o Er 5 t so Educate Citizens-toAdevdfy--Mp-anL-Dump-ing Notify the City of Sebastian of any illegal dumping or discharge incidents at the time of discovery } The City of Sebastian's Ordinance for Violators states, "Owner must fix violation in a given amount of time, failure to comply could result in a lien ofyour property, a notice to appear in City court, or fines of up to $Z5o.00 a day, every day for violation exists." Where and When Illegal dumping often occurs late at night F . There is often no company name on the construction vehicles or equipment The construction activity occurs on site with no company advertising sign What to do? 6 Report Immediately to Code Enforcement QO Do not approach Document - • Take a picture (s), • Know the location, • Time, • State what was observed ISI_ NEEL-SCHAFFER = So1u -ons you can build upon Reporting afarIllicit Discharge the City's website at vvww.utyofsebastian.oy, and—click on Code Enforcement Complaint Form. t"On-Line Complaint Form - Windows Internet Exp[orer IEEE cltyofsebasaan.org Re Edt View Favorites Tools H* . .ra. FavonteS ,t� 40 FDOT-Roadway Deskr Ofi... lw lndatrid 5tcrmwater Gaffer... [ M4>-wwer. d&FUEPSStt'nr.?*gca P.... W ]PSChLmwP*Murc_--E.. �"` � le FreeH 7mil t;! On-Liffe Compiant Form 7 ,Se6astzan r .r �Ir�an Island t Online Complaint Fonn On-Line Comptaint Form Contact Information Do you wSh to remain anonumous Yes ° No Plea" Enter The Fob Irdwwotion: Name Type Search Here... Phone Number I Go' Ernad Address Preference of Ccmact - _-mail • Phone ` Comatai: Information CBA - ��oeat3an of Complaint Agmements CRA Df.qvict Naft re of the Complain Z om am �0 uy �n ;"nc S T i m k IF- g IF-