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HomeMy WebLinkAbout04092008CfiY OF SE~,E~a HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 9, 2008 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the meeting to order at 7:00 p.m. 2. Council Member Wolff led the Pledge of Allegiance. 3. A moment of silence was held. 4. Council Member Wolff read the Civility Pledge. We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Rich Stringer Deputy City Clerk, Jeanette Williams Records. Program Manager, Donna Cyr Airport Manager, Joe Griffin Barbara Brooke-Reese, MIS Senior Systems Analyst Police Chief, Jim Davis Police Lieutenant, Michelle Morris 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. Regular City Council Meeting April 9, 2008 Page Two 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 08.044 A. Proclamation -April 2008 Child Abuse Prevention Month -Requested by 1 Hibiscus Children's Home Mayor Coy read the proclamation. No one was present to accept the proclamation. 08.045 B. Keep Indian River Beautiful -County Sweep Challenge -Melanie Jones (no backup) Melanie Jones gave a power point presentation outlining the activities and goals of Keep Indian River Beautiful and invited everyone to participate in Operation Clean Sweep on April 26th, 2008. In response to Council questions, Ms. Jones said recycle bins are available at the landfill at 74th and Oslo Road, at the KIRB office located in the old Growth Management Department building and at the corner of 43~d and 41St Street and she gave a telephone number of 770-5112 for people to call with any questions. Ms Simchick asked for an explanation of Adopt-An-Island. Ms. Jones said different entities adopt islands. Ms. Simchick said the Sebastian Power Squadron has adopted an island. Ms. Jones gave the phone number of 388-5472 for more information on the program. Mr. Wolff said he has noticed a need for recycle bin mobility for the elderly and suggested it be considered in the future. Bruce Zingman, Team Captain, invited everyone to join his team of the Sebastian Property Owners, Friends of St. Sebastian River and Jr. Women's Club which will meet Saturday, April 26th between 8:30 and 9:00 along the river at Coolidge Street for Operation Clean Sweep. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 3-13 A. Approval of Minutes - 3/26/08 Regular Meeting 08.046 B. Approve FY2008/2009 Budget Calendar (Finance Transmittal, Calendar) 15-16 Mr. Paternoster removed item A and Mayor Coy removed item B. 2 Regular City Council Meeting April 9, 2008 Page Three Item A Mr. Paternoster asked that the synopsis of Council input on circle page 9 and the motion include an amendment to require a certified financial statement completed by a certified public accountant. He requested the same notations be made for the Clambake portion of the minutes. The Deputy Clerk assured this would be done. MOTION by Mr. Paternoster and SECOND by Ms. Simchick, to approve item A passed on a voice vote of 5-0. Item B Mayor Coy directed everyone to circle page 16 and asked if Council wanted to have a general talk of expectations as an agenda item at the July Stn meeting so the Budget Committee hears what path Council is going on. Ms. Simchick said it would be a good idea for the Committee to hear from the City Manager what there will be to work with. Mr. Paternoster asked if the City Manager or Finance Director should present this information. The City Attorney read Charter Section 3.04(e): "The City Manager shall also prepare and submit the annual budget, budget message, and capital program to the City Council and shall keep the city Council fully advised as to the financial condition and future needs of the City, and shall make such recommendation to the City Council concerning the affairs of the City as he deems desirable. The City Council shall adopt the annual budget, millage rate and capital program, as presented or as modified, by resolution." MOTION by Ms. Simchick and SECOND by Mr. Paternoster to approve item B, the budget calendar as amended to include the agenized discussion for the July Stn meeting, passed on voice vote of 5-0. 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 08.025 A. Natural Resources Board 17-18 (City Clerk Transmittal, Code) Removal of Therese Miller for Non-Attendance In response to the Mayor's request for procedure, the City Attorney advised this is a resignation by action or an "announcement." Regular City Council Meeting April 9, 2008 Page Four Mr. Paternoster asked if Ms. Miller was contacted and by what method. The Records Manager who is also the Board recording secretary, stated she was contacted by e-mails. Mr. Wolff asked if she was okay. The Records Manager, stated she did ask if there was a problem, but Ms. Miller has not attended since the January meeting, nor was there any response from her. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to accept the recommendation for removal of Ms. Miller from the Natural Resources Board passed on a voice vote of 5-0. Report_Update from Harvey Wheeler, Co-Chair of the Natural Resources Board on the Proposed Wild Turkey Mining Operation Mr. Wheeler reiterated on behalf of the Board, that after review of extensive documents the Board is still opposed with this operation being in such close proximity. He said items at risk include: the aquifer, wildlife, wetlands, stormwater runoff, air quality, traffic concerns; and the Board has not received any information to ease their concerns regarding the risks or the operation. 08.047 B. Planning & Zoning Commission 19-23 (City Clerk Transmittal, Application, List, Ad) Interview, Unless Waived and Submit Nominations for One Expired Regular Member Position -Term to Expire 4/1/2011 Charles Cardinale thanked Council for the opportunity to serve. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to approve Mr. Cardinale for a second term passed on a voice vote of 5-0. Ms. Simchick pointed out Mr. Cardinale's application states that he has served the City for ten years and she thanked him for his diligence. 10. PUBLIC HEARINGS -none. 11. UNFINISHED BUSINESS -none. 12. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. Damien Gilliams, 1623 US Highway 1, stated last week he was not allowed to speak and wanted to speak tonight on previous agenda items, noting that two other people not agendized were allowed to speak. The Mayor asked him to stick to the issues, noting he is not on the schedule nor is he a committee member. 4 Regular City Council Meeting April 9, 2008 Page Five Mr. Gilliams continued with the following: -To date, he had not received his dock permit yet or any update -Noted the Mainardi letter stated the LoPresti lease was suspended, but it was not -Noted it wasn't fair that $286, 000 was given to LoPresti when small businesses are going out of business, grant money should go for everyone -Noted he was required to do a site plan for US 1 and the City did not require a site plan for the County Conservation Paitc which is a double standard -Said the City should landscape the compound because it is an eyesore -Said he wanted to speak on Stuart's recycling effort during the KIRB presentation -Said the City should take some cuts instead of taking from City reserves -Said the Citizens Academy isn't wanted because people would be looking over shoulders -Asked why not spend $1, 000 a month and have post streaming web video -Asked to put the checkbook on the intemet -Asked where the National Pollutant Discharge PermibAnnual Report is -Stated it is time for a change of the Mayor Ms. Simchick asked if $1,000 a month was correct for post streaming web video. The City Manager said from his recollection, at the time, the City chose to stream the current meeting and not do a server upgrade that was going to be needed to stream all meetings. He said we do pay $300 a month for the T-1 line but would check if the video streaming could be done for $1,000 a month. Richard Strange, 438 Sea Grass Avenue, stated Council Member Paternoster was not anti-Clambake as mentioned by certain individuals and in the Press Journal, but he was just after a certified public accountant to examine the books for the festivals and he hoped Mr. Paternoster runs for re-election. Richard Gillmor, 744 Kroegel Avenue, thanked Council for approving the festivals and suggested the City have some input on where the money is spent such as the Boys and Girls Club. Mr. Gillmore continued that there was a strategic plan for the City enacted twelve years ago and the frequent concerns were: accessibility to government citizen involvement environmental planning comprehensive land use planning clean air and water location river and ocean access low density development schools, libraries small town atmosphere low crime rate road maintenance more sidewalks, drainage taxes etc. 5 Regular City Council Meeting April 9, 2008 Page Six He noted the City still has the same concerns, perhaps the list should be updated but it is a good place to start. Mr. Paternoster noted the Clambake does have a beneficiary organization with a City representative participating in the determination and so far the Boys and Girls Club has received approximately $80,000. Mr. Paternoster stated the strategic plan was part of the charrette process which involved civic organizations, as well as the public and the "fishing village" theme was chosen. He spoke of the facade grant program that will help businesses achieve the theme and noted the charrette is available for public review in the Clerk's office. Mr. Wolff pointed out that the festivals benefit the community in tangible and intangible ways, the Art Festival was not in a position to give back financially yet, and he hoped if money is given back to the City, the CRA would be the beneficiary. Mayor Coy reminded everyone that the Clambake did provide the lights in Riverview Park. Mr. Paternoster asked the City Manager for clarification of a previous speaker's comment that $285,000 was given away at the airport. The City Manager said to a certain extent the LoPresti lease could be thought of as corporate welfare and to an extent it is unfair, but the key is it will create additional jobs, which will expand the tax base, create new growth which leads to a justifiable reason. He pointed out the City will have the creation of an enterprise and the new t-hangars that will always be owned by the City. Ms. Simchick asked for clarification that the City will not be making any money, but not losing any money either; and the City is not giving away $285,000, but taking a loan that will be repaid by the rent. The City Manager said the mechanism to match the grant amount has yet to be determined, but it will be Airport fund oriented; $245,000 is not going out to a company; and there is the potential that the cash flow will be positive based on the financing, but the end scenario is a break-even look, but the (building) asset will increase in value. 13. NEW BUSINESS -none. 14. CITY ATTORNEY MATTERS In response to a previous speaker's comment that he was waiting for a response from the City Attorney regarding his dock permit, he stated there has been a Planning and Zoning workshop, there will be a draft document presented to Planning and Zoning Commission on May 1St and he has been working on a complete resolution to address parking requirements for marinas. 6 Regular City Council Meeting April 9, 2008 Page Seven The City Attorney also said he would give Council a written memo on Friday on things that he is working on. 15. CITY MANAGER MATTERS The City Manager said in response to Ms. Simchick, he will look into the Florida Forever resolution requested by the Nature Conservancy and have it on the next agenda. He reported that he was ready to renew the Indian River Community College (IRCC) lease, and unless he hears from Council with concerns, he planned to authorize the renewal. Mr. Neglia asked if they have asked for any changes. The City Manager said they have not. Mr. Paternoster asked if there was to be a review of utility costs before renewal. The City Manager said he could put together a report for Council but asked them to remember there are a couple of different organizations in the building. Ms. Simchick said she wouldn't mind renewing the lease because IRCC is working on an internship for their honor students that work at the Historical Society so they are working together. The City Manager offered to have a utility report agendized for the next meeting. Mr. Wolff said the lease should not be reviewed until the City provides the College a bicycle rack. The City Manager stated he was not going to make the May deadline for updating the Habitat Conservation Plan (HCP) and Incidental Take Permit (ITP). He said this rests on the 2000 agreement that was not formalized because USFWS asked the City to hold off so the Pelican Island Eco-Troop could purchase some habitat but it is currently underway. Ms. Simchick said if this is not finalized by May, it should be an agenized item so that Council can be brought up-to-date and discuss it as a group. Mayor Coy suggested the May 14th agenda. Ms. Simchick stated she did not want mitigation opportunities to pass by the City. Mayor Coy asked the camera to pan the dais and everyone waved to the City Clerk who was on sick leave. 16. CITY CLERK MATTERS None. 7 Regular City Council Meeting April 9, 2008 Page Eight 17. CITY COUNCIL MATTERS A. Mayor Coy 08.048 i. Appointment of Sebastian Representative to Indian River County's Affordable 25-32 Housing Advisory Committee (Letter, Res. No. 2008-038) Mayor Coy said the date and time was not yet chosen, but suggested sending the City Manager or his designee to the first meeting. It was the consensus of Council to do this. B. Mr. Neglia Mr. Neglia reported that he provided the City Manager with the City of Stuart's "Single Stream Recycling" information and he is looking into it for the City of Sebastian. The City Manager explained the City is at the whim of Waste Management because of the franchise agreement which is still good for about five years and he will look into it to see where Waste Management wants to go with recycling. (The City has an agreement with Indian River County to provide recycling throughout the County) C. Mr. Paternoster Mr. Paternoster thanked the MIS Department for posting the time on their computer monitors, thanked staff for the posting of Council meetings on the IRCC marquee and asked for a different color so the meetings won't blend into each other. For the homeowners that watch the meetings from DVD, Mr. Paternoster asked if Blue Ray and DVD is compatible. The MIS Systems Analyst stated they are compatible and blue ray is just high definition dvd. He asked the City Manager for word on the finger docks. The City Manager said it would be forthcoming. Mr. Paternoster asked to see all the paperwork between the City Attorney, the City and the USFWS on the overgrown lot issue. The City Attorney said he would provide that for them. D. Ms. Simchick Ms. Simchick said the past "Concert in the Park" was very nice She said the Skate Park is used by county wide residents and asked if the maintenance is up-to-date. The City Manager reported within the last six months it has been repainted, the surface of all the boards have been double-checked, new sign board will be painted and all waiver forms have been updated. 8 Regular City Council Meeting April 9, 2008 Page Nine Mr. Wolff asked if recreation impact fees could provide for an extension or shade. The City Manager said improvements or extensions would be eligible but not for basic maintenance. E. Mr. Wolff Mr. Wolff invited everyone to Indian River Earth Day at Riverside Park in Vero Beach on April 19th from noon to 7:00 p.m.; the U.S. Coast Guard Auxiliary Unit is holding astate- certified boater safety course at the Environmental Learning Center from April 21St-24th from 7:00 to 9:00 p.m. and more information can be obtained by calling 589-8523. He reported the Rotary Club had a nice Home and Garden Show in the park last weekend. Mr. Wolff said he has been contacted by Don Wright, Chairman of the Parks and Recreation Advisory Committee who advised that recreational impact funds have a timeline to be spent. Mr. Wolff suggested holding a workshop to discuss how to spend the monies. The City Manager explained there is a seven year window for capital expenditure funds to be spent and there is about a million dollars that has accumulated and this is a good item to discuss during the upcoming Capital Improvement Program workshop. He offered to get an outline together on the clock, accumulated monies and Committee feedback for Council. Council Members offered to give him their top three recreational improvements ideas. Ms. Simchick asked if basketball courts for the Boys and Girls Club would qualify for the recreational impact funds and the City Manager said it would. Mr. Wolff asked if the damaged basketball courts at Schumann Drive could be replaced with the funds and the City Manager said they could not, only new construction is eligible. Mr. Wolff stated there is a real need at the Schumann Drive court. Mr. Wolff said the Chamber of Commerce would like to have a workshop to brainstorm current signage laws for local businesses, in particular A-frame signs depicting daily specials. Mayor Coy said she is getting the calls to allow little banners and A-frame signs. She asked if it can be relaxed until the code can be rewritten. The City Manager advised not to suspend rules because he is working with the Growth Management Department on formulating recommendations to allow certain provisions that he could bring to the next meeting. Ms. Simchick said the A-frame is the most requested sign and asked if that change could be expedited. Mayor Coy said grand opening signs should also be expedited. The City Manager said those are the exact type that Growth Management has considered. 9 Regular City Council Meeting April 9, 2008 Page Ten Mr. Wolff said he would like to hear from business owners and time is of the essence because we are going into the slow season. Mr. Paternoster requested ample opportunity to review the material before bringing in business owners. The City Manager said he would have it on the next agenda for discussion. 18. Being no further business, Mayor Coy adjourned the regular meeting at 8:56 p.m. Approved at the Apri123, 2008 Regular City Council meeting. G~-~~ C Andrea Coy, Mayor A EST: c (~ ~ Can e. u.- C• Cexk ~r Sally A. aio, M C -City Jerk 10