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HomeMy WebLinkAbout12102008cRV OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 10, 2008 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the Regular Meeting to order at 6:30 p.m. 2. The Pledge of Allegiance was led by Vice Mayor Hill. 3. There was a moment of silence. 4. Vice Mayor Hill 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 Richard Gillmor Vice-Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner Interim City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin City Engineer, Dave Fisher Human Resources Director, Debra Krueger Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Parks Supervisor, Chris McCarthy Police Chief, Jim Davis Police Captain, Greg Witt MIS Senior Systems Analyst, Barbara Brooke-Reese Regular City Council Meeting December 10, 2008 Page Two 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Ms. Coy asked to remove item 136 VCI Tower, in light of resident concerns about not being notified and allowing the City Manager time to negotiate with T-Mobile for other locations and to notify residents. The City Manager noted staff did not provide a recommendation and was merely seeking Council direction on the matter, noted LDC Article XXIII sets out criteria and that T-Mobile had selected the site based on its location. He reiterated that it should be removed at this time. A brief Council discussion followed on the need to notify residents, the Interim City Attorney said they should include direction to renegotiate other areas of the lease and the item was removed on a voice vote of 5-0. 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. 08.123 A. Presentation of Plaque to Former Vice Mayor Sal Neglia Mayor Gillmor read and presented the plaque to former Vice Mayor Neglia. 08.123 B. Presentation of Plaque to Former City Council Member AI Paternoster Mayor Gillmor noted that former Council Member Paternoster was ill and not able to attend the meeting tonight and the plaque will be provided to him. 08.124 C. Proclamation -Dollars for Scholars Week -Karen VanDeVoorde, Vice President 1 Mayor Gillmor read and presented the proclamation to Karen VanDeVoorde. Ms. VanDeVoorde explained the importance of the scholarship program noting that Marcel Wolff, son of Council Member Wolff had been a top recipient. 08.125 D. Presentation of Gift to Police Department by Rosemary Bostinto Ms. Bostinto presented the Police Department with a gas grill she won; noting she thought the Police Department could use it. She was thanked for her kindness. 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. 3-5 A. Approval of Minutes - 11/10/08 Special Meeting ~-2o B. Approval of Minutes - 11/12/08 Regular Meeting 21-2s C. Approval of Minutes - 11/19/08 Special Meeting 2 Regular City Council Meeting December 10, 2008 Page Three D. Approve Travel for City Council Members to Florida League of Cities Institute for 27-32 Elected Municipal Officials in Gainesville January 23-25, 2009 (City Clerk Transmittal, Registration Info, Agenda) 08.126 E. Resolution No. R-08-~4 27 -Adjustment to Cemetery Rates (City Clerk Transmittal, 33-39 R-08-24) (The number 24 was previously used) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO MUNICIPAL CEMETERY RATES; ESTABLISHING RATES FOR IN-GROUND LOTS, CREMAINS LOTS, COLUMBARIUM NICHES, PERSONNEL SERVICES, CORNER MARKERS, AND NICHE VASES AND RINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR EFFECTIVE DATE. 08.111 F. Approve Police Department Vehicle Purchases -Five Crown Victoria Patrol Vehicles 41-48 from Duval Ford in the Amount of $166,185 and Two Ford Expedition K-9 Vehicles from Alan Jay Automotive Network in the Amount of $66,270 -Both from State Contract FSA 08-16-0908 (PD Transmittal, State Contract Info, Quotes) 08.127 G. Approve Purchase of PD Interview Room Camera and Recorder Equipment from 49-55 Forfeiture Funds in Accordance with FS from Recall Technologies, Inc. Palm Bay in the Amount of $4,950 (PD Transmittal, Letter of Certification, Procurement Form for Sole Source) 08.128 H. Purchase Airport Dump Truck from Commercial Vehicles of South Florida in the 57-68 Amount of $46,403 -Piggyback State Contract FSA 08-16-0908 With JPA 418165-1- 94-01 Funds (Airport Transmittal, FDOT Memo, FSA Bid, Proposals for Truck and Dump Bed, FDOT Correspondence) 08.129 I. Approve the Closing of Sebastian Blvd. from Just Past the Hess Station East to 69-72 Indian River Drive and Indian River Drive from Coolidge Street South to Southern End of the South Parking Area from 6:00 a.m. to 5:00 p.m. on Saturday, March 14, 2009 and Approve Restricting the Northern Half of the Yacht Club Boat Ramp from 9:00 a.m. to 4:00 p.m. on Saturday, March 14, 2009 for the 2009 Pelican Island Wildlife Festival at Riverview Park (Parks Transmittal, Letter) 08.130 J. Approve the Closing of Indian River Drive from Harrison Street North to Jackson 73-77 Street on January 31, 2009 from 7:30 a.m. to 9:30 a.m. for the Sebastian Soccer Association 5K Run Fundraiser (Parks Transmittal, Letter) 08.010 K. Collier Creek Leases in the Amount of $47,666.22 from Collier Creek Canal Retrofit 79-101 Project Funds (City Manager Transmittal, Leases) MOTION by Ms. Coy and SECOND by Mr. Hill to approve the consent agenda. Result of the roll call: Ayes: All Nays: None Passed 5-0 3 Regular City Council Meeting December 10, 2008 Page Four At this time, Ms. Simchick asked to return to Brief Announcements. She announced that the Sebastian and Vero Beach Walmart have angel trees displayed with names and toy wishes of less fortunate children. Mayor Gillmor described the great needs of people and urged people to donate food to the Food Pantry, noting there is a box in City Hall. 9. COMMITTEE REPORTS 8~ 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. 08.032 A. Citizens Budget Review Advisory Committee (City Clerk Transmittal, Member List, 103-114 Press Release Code Section, Two New Applications for At-Large) Confirm Two New Individual Council Appointments Mayor Gillmor - Ed Herlihy (Application on File) Vice Mayor Hill -Jerry Klenck (Application Provided at Meeting) Mr. Wolff, Ms. Simchick and Ms. Coy reconfirmed their previous appointees. Interview and Submit Nominations for Two At-Carpe Members The City Clerk noted that Joan Rivard had notified her office that she would be out of town and unable to attend. City Council briefly interviewed Ms. Vicars. MOTION by Mr. Hill and SECOND by Ms. Simchick to appoint Joan Rivard and Chris Vicars to the two at-large positions. VOICE VOTE on the motion carried 5-0. 10. PUBLIC HEARINGS (Procedures for both Quasi and Legislative Hearings are on the back of the agenda) 08.114 A. Ordinance No. 0-08-11 (QUASI-JUDICIAL) -Laurel Reserve -Public Hearing and 115-119 Adoption (Transmittal, 0-08-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR THE LAUREL RESERVE PLANNED UNIT DEVELOPMENT PHASE 2, IDENTIFYING THE FORMER 90' RIGHT-OF-WAY AS TRACT "A" COMMON AREA, AUTHORIZING ADJUSTMENTS FOR STREET ACCESS, PROVIDING FOR CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE. (Press Journal 11 /30/08) Mayor Gillmor opened the public hearing at 6:55 p.m., and the Interim City Attorney read Ordinance No. 0-08-11 by title. Ms. Coy, Ms. Simchick, Mayor Gillmor and Mr. Hill disclosed ex-parte communications. The City Clerk swore in anyone who intended to provide factual testimony. 4 Regular City Council Meeting December 10, 2008 Page Five Debb Robinson, Laurel Preserve, briefly addressed City Council on the matter. Mayor Gillmor opened the floor for those in favor and there were none. Mayor Gillmor opened the floor for those opposed and there were none. The Growth Management Director recommended approval as outlined in the Ordinance. Ms. Simchick began to make a MOTION to adopt Ordinance No. 0-08-11 and the Interim City Attorney advised that certain names (Andrea Coy -Mayor and Rich Stringer -City Attorney) on the Mylar may need to be changed and the date reference in the ordinance for the final plat needs to be modified to state September 26, 2008 rather than September 29, 2009. He requested that the motion include approving staff to make the appropriate date modification. Ms. Simchick amended her motion and Mr. Hill seconded. Result of roll call: Ayes: Gillmor, Hill, Simchick, Wolff Nays: Coy Passed 4-1 08.019 B. Ordinance No. 0-08-10 (LEGISLATIVE) Comprehensive Land Use Plan - 1St 121-129 Hearing for Transmittal to DCA - 2"d PH to be Scheduled Upon Return (GMD Transmittal 0-08-10 w/ Exhibits A and B, P & Z fLPAI Minutes Excerpt -Plan Under Separate Cover) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN AMENDING THE COMPREHENSIVE PLAN -GOALS, OBJECTIVES & POLICIES AND DATA INVENTORY & ANALYSIS, FOR THE FOLLOWING ELEMENTS: FUTURE LAND USE, HOUSING, TRANSPORTATION, PUBLIC SCHOOL FACILITIES, CAPITAL IMPROVEMENTS AND INTERGOVERNMENTAL COORDINATION; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Mayor Gillmor opened the public hearing at 7:03 p.m. and the City Attorney read Ordinance No. 0-08-10 by title noting this ordinance is legislative. The Growth Management Director gave a brief update. Land Design Innovations staff members, Tracy Crowe and Chris Dougherty, gave a brief power point presentation on the proposed updates (see attached) and responded to questions from City Council. It was noted the City has ten days to submit the proposed amendment to Department of Community Affairs and all reviewing agencies, that DCA will have sixty days for review, will send back its comments to the City, the City will have 60 days to send back comments to the them, and the second hearing for final adoption should occur possibly around March. Mayor Gillmor opened the floor for public input at 7:19 p.m. 5 Regular City Council Meeting December 10, 2008 Page Six Damien Gilliams, 1623 US 1, said the City needs more housing for young people and other sources of funding for infrastructure needs to be sought. Being no further input, Mayor Gillmor closed the public hearing. MOTION by Ms. Coy and SECOND by Ms. Simchick to pass Ordinance No. 0-08-10 on first reading for transmittal to the Department of Community Affairs. Mayor Gillmor suggested language to buffer any future industrial buildings from the Golf Course. Ms. Coy and Ms. Simchick included this in the motion. Result of roll call: Ayes: All Nays: None Passed 5-0 Mayor Gillmor called recess at 7:30 p.m. and reconvened the meeting at 7:45 p.m. All members were present. 11. UNFINISHED BUSINESS 08.131 A. Award Construction Bid for Main Street Improvement Project to H & D Construction of 131-228 Ft. Pierce in the Amount of $1 193 903.02 (City Manager Transmittal, Contract, Schulke Report) The City Manager gave a brief update and recommended approval. He noted the amount came in under budget and the grant may need to be adjusted and some funding returned at the end of the project. Damien Gilliams questioned using recreation funds for this project and asked why it was so. Mayor Gillmor asked if fishing was not recreation, and Mr. Gilliams responded the project is a road realignment. The City Manager asked to respond and said due to the fact that the contract came in under budget he will use recreation funds as a last resort and save any needed recreation funds until the end of the project. Harvey Wheeler, Sebastian, suggested using average bidding and asked what the difference between the high and low bids. The City Manager read all the bid amounts from the agenda transmittal which was public record, and noted the amounts have been publicly disclosed at the bid opening. Ms. Coy asked representatives James Owen and Mike DiGiacomo of H 8~ D Construction that if they need subcontractors, would they try to use Sebastian subcontractors. 6 Regular City Council Meeting December 10, 2008 Page Seven Mr. Owen said 25% of his workers are from Sebastian and he had others from Fellsmere and Indian River County. Mayor Gillmor echoed her request for using local subs. MOTION by Ms. Coy and SECOND by Mr. Hill to award Indian River Drive/Main Street improvement project contract to H & D Construction of Ft. Pierce in the amount of $1,193,903.02. Result of roll call: Ayes: Hill, Simchick, Coy, Gillmor Nays: Wolff Passed 4-1 08.112 B. City Attorney Recruitment Update (City Manager Transmittal) 229-231 The City Manager gave a brief presentation on the Screening Committee review of the 45 applications and offered Council two alternatives, 1) to direct that they move forward on the full-time City Attorney applicants, or 2) consider whether we want afull-time in-house City Attorney. He discussed his experience with contract attorneys in other cities, noted the Charter does not stipulate what form in which the attorney is hired only that there is a City Attorney, and then reviewed the pros and cons of each. A lengthy City Council discussion followed on his or her views of in-house full- time versus contract or part-time attorney, how much of the City Attorney's time is needed by the other officers and staff, whether residency should be considered or required, the added cost of unexpected litigation should it be needed if there was a contract attorney, and the Council's satisfaction with the work Mr. Ginsburg was doing. Mr. Hill expressed a need for afull-time in-house Attorney who would be a part of the team and community, Ms. Coy echoed his sentiments because of the litigious era we are in, and Mayor Gillmor asked Mr. Ginsburg if he would be interested in full-time and he said he would not, though said Mr. Minner had given him the courtesy to ask if he would be interested in a contract position and he had told him he would. Mayor Gillmor said rather than a nameless firm he would rather go with Mr. Ginsburg. Ms. Simchick said she would have been happy to hire Mr. Ginsburg on a contractual basis because of his high ethics and resume, but because there is a more cohesive Council now she would want all members of Council to be comfortable with the decision, therefore would go along with directing the four committee members to start from scratch with the application process. Mr. Wolff noted we may not get someone who is strong in all areas needed. 7 Regular City Council Meeting December 10, 2008 Page Eight City Council discussion continued as to what tasks other staff members could do themselves, what the role of each Charter officer is and what Charter Officer means to members of Council, and asking Mr. Ginsburg to review the short list to be sure it is correct. Damien Gilliams, 1623 US 1, said after reviewing the City Manager's recommendation he agreed with hiring Mr. Ginsburg on a contractual basis and try it out for six months. Jim Gallagher, Holden Avenue, also agreed with keeping Mr. Ginsburg in the position and was shocked that Council was not considering it. He asked if Sebastian would be Mr. Ginsburg's only client. Mr. Ginsburg said he had no law practice. Deryl Seemayer, noted that Mr. Ginsburg had been offered full-time and did not want it, however, suggested he be retained as a special advisor. Don Wright, North Fischer Circle, Sebastian, said Council was not considering the leadership role of the City Attorney, noted the Clerk is a record keeper so they can only rely on the City Manager and he is not an attorney, that the public would not have access to the City Attorney if it was contract, citing the countless hours the former attorney spent with residents on Ocean Concrete. Mr. Wright said he sat in on the screening committee meeting and made suggestions on how it should have been handled and that perhaps there are well-qualified people who will work for $50,000 to 75,000 less than we were paying the former attorney. Council discussion continued on the pros and cons of full-time and contractual and the possibility of moving forward on the applications. Mayor Gillmor called recess at 9:19 p.m. and reconvened the meeting at 9:29 p.m. All members were present. MOTION by Mayor Gillmor and SECOND by Mr. Wolff to direct the City Manager to start negotiations with the current Attorney Mr. Ginsburg to see what type of agreement can be reached. Ms. Simchick said she would be in favor of this. Ms. Coy said she was not in favor, that we didn't advertise for apart-time position and could be negating other potential applicants, citing Ocean Concrete as an example of time that the Attorney would need to spend on issues, and said she was inclined to go with full-time. Mr. Wolff responded to Mr. Wright by stating that he would no more go to the City Attorney for a cause than he would go to the Finance Director for financial advice, that he did not feel it necessary for a City Attorney to hobnob, and 8 Regular City Council Meeting December 10, 2008 Page Nine questioned Ocean Concrete being a good use of the Attorney's time, that a level of professionalism and distance is important. Ms. Coy said she has heard allegations of funny business, noting Council had directed staff to deal with Ocean Concrete, and took umbrage with the statement that distance is good. Ms. Simchick said in these hard economic times perhaps we don't have the luxury to get involved in such things and when you have a ten you don't shop for another ten. Mr. Hill said if Council decides to continue with a contract for part-time, he thought we have our man here, said he thought we need afull-time attorney, but he would feel confident with Mr. Ginsburg as a contracted attorney. Ms. Simchick suggested with an evaluation at six months. Result of roll call: Ayes: Simchick, Coy, Gillmor Nays: Hill, Coy Passed 3-2 The City Manager said he would get with Mr. Ginsburg and not send notification to the other applicants at this time. 08.030 C. ISBA (no backup) The City Manager explained that this item is on the agenda by request of Council, noted he had distributed a draft agenda for the December 15, 2008 Joint ISBA workshop, will use Bob Keating's power point presentation less the County portion for his opening at the meeting. Ms. Simchick asked the City Attorney if we sign the interlocal agreement will it supersede our challenge to Fellsmere, and he responded it could have an effect. Ms. Coy said she would like to see a formal review of this. Ms. Simchick specified the section she was concerned about as being on page nine, section 10, under F. The City Manager said he would have a conversation with Mr. Keating on this and there is time to revisit the issue after the joint workshop and before the agreement is signed off on as he did not think the agreement can be modified at this point because the work group voted on it, he talked to County Attorney George Glenn as to what the parcels were and after whatever happens at the joint workshop, the work group will probably have to meet again. MOTION by Mr. Hill, and SECOND by Mr. Wolff to extend the meeting until 10:30 p. m. 9 Regular City Council Meeting December 10, 2008 Page Ten VOICE VOTE on the motion carried 5-0. The Mayor said the City of Vero also has a problem with Exhibit F. 12. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terrninated by a majority vote of Council members present. Joseph Koruo, owner of the CR 512 Car Wash, 921 Sebastian Blvd., asked for Council's help in being allowed to lower the height of the wall in front of his building for security reasons. He said Planning and Zoning had allowed it to be reduced by two feet and he needed it reduced more. The City Manager noted that this business had received approval to operate via a Special Use Permit with the condition that a wall be placed in front of the business. Mr. Hill said he was on Council when this was first denied, then brought back by the applicant and the wall was a very important component of the approval. The City Manager suggested that perhaps the elevation of the site plan can be looked at and City Council concurred that he needed to take it back before Planning and Zoning to lower the wall an additional two feet. Bruce Zingman thanked everyone involved in the 2008 Holiday parade. Russell Herrmann, President, Sebastian Property Owners, announced the City Manager would speak before SPOA on January 5, 2009 at 7 pm at the North County Library, urged residents to think locally when buying, and wished Council, staff and residents a Merry Christmas. Rosemary Bostinto said the 512 Car Wash is very unsafe to use because of the wall and hoped Council would put themselves in the owner's shoes. Damien Gilliams thanked the Mayor for opening up the consent agenda to the public for the first time in 25 years. Don Wright, Sebastian, said there was a 5-0 vote to provide support from staff on Ocean Concrete and Mr. Wolff voted for it. 13. NEW BUSINESS 08.031 A. LoPresti Temporary Maintenance Building Lease (City Manager Transmittal, 233-274 Temporary Lease) The City Manager noted the lease would be for $2 per square foot and recommended approval. Mayor Gillmor called for public input and there was none. 10 Regular City Council Meeting December 10, 2008 Page Eleven Ms. Simchick said she had discussed her questions with the Interim City Attorney, and noted she had received a notice of lease default and a $30,000 judgment against LoPresti filed with the court on September 26tH Mr. Wolff suggested taking photos of the new shed for future reference. MOTION by Mr. Hill and SECOND by Ms. Coy to approve a temporary lease between the City of Sebastian and LoPresti Aviation. Result of roll call: Ayes: Coy, Wolff, Gillmor, Hill Nays: Simchick Passed 4-1 08.132 B. VCI Tower Lease Agreement (GMD Transmittal, Lease, Aerial View) 275-313 This item had been removed under Agenda Modifications. The City Clerk asked that Council move to the appointments of regional boards and committees. 14. CITY ATTORNEY MATTERS -None 15. CITY MANAGER MATTERS -None 16. CITY CLERK MATTERS -None 17. CITY COUNCIL MATTERS A. Mayor Gillmor 08.121 i. Formal Appointments to County and Regional Boards and Committees 315-328 (City Clerk Transmittal) Mayor Gillmor offered to stay with the Treasure Coast League of Cities. The Clerk said Mr. Hill was appointed to the Treasure Coast Regional Planning Council earlier in the day with the City of Vero Beach as the alternate. Mr. Hill offered to be the Emergency Services District Advisory Committee with Mr. Wolff as the alternate. Mayor Gillmor offered to be the alternate to the Land Acquisition Committee. The Clerk explained the Indian River County Hospital District Planning Advisory Committee had not met in two years and will let us know when they do. Mr. Hill offered to be a member of the MPO, and Mayor Gillmor offered to be an alternate. The Clerk said the citizens appointments are interested in continuing their service. The Clerk pointed out that Mayor Gillmor will now sit on the School Concurrency Elected Officials Oversight Committee and Mary Wolff would like to continue on the Citizens Oversight Committee. 11 Regular City Council Meeting December 10, 2008 Page Twelve Mr. Wolff said he is unable to make the Chamber of Commerce meetings and Mayor Gillmor offered to attend those meetings with Ms. Coy as the alternate. Mr. Hill offered to take the Tourist Development Council with Ms. Simchick as the alternate member. Mayor Gillmor offered to take the Treasure Coast Council of Local Governments. 08.121 ii. Assignment of Council Members to Attend Indian River County Board of County 32s-331 Commission Meetings (City Clerk Transmittal, Synopsis, Description List) Mr. Wolff offered to cover the December 16 and 23 meetings. Ms. Simchick offered to monitor the January 2009 meetings. The remaining months will be assigned at the January 14th, 2009 meeting. 08.121 iii. Review Resolution No. R-08-09 Meeting Procedures (City Clerk Transmittal, 333-340 R-08-09) This item will be carried to the January 14, 2009 Regular Meeting. 08.093 iv. Schedule Economic Development Workshop for January Mayor Gillmor requested an Economic Development Workshop on January 7, 2009 and City Council concurred. 18. Mayor Gillmor adjourned the meeting at 10:32 p.m. and the following Council matters were not addressed. B. Vice Mayor Hill C. Council Member Coy D. Council Member Simchick E. Council Member Wolff Ap roved at the January 14th Regular City Council Meeting. Ric and H. Gillmor, Mayor ATTE ~ ~ ~~ Sally A. Maio, MC -City Clerk 12