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HomeMy WebLinkAbout01142009~m~~ SE~,~I~ -~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 14, 2009 - 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 Council Member Simchick. 3. There was a moment of silence. 4. Council Member Simchick 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 H. Gillmor Vice-Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff (arrived 6:50 p.m.) Staff Present: City Manager, AI Minner Interim City Attorney, Robert A. Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Deputy Police Chief, Michelle Morris Police Lieutenant, Robert Lockhart Public Works Director, Jerry Converse MIS Senior Systems Analyst, Barbara Brooke-Reese 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Ms. Simchick stated that a gentleman had requested the opportunity to speak on the item under City Manager Matters regarding Farmer's Market and the Council's policy resolution does not allow public input under Charter Officer or Council Matters. Ms. Coy suggested moving the item to New Business. The City Manager said there may be other folks who wish to address it and agreed. It was the consensus of Council to move the item to the end of New Business. Regular City Council Meeting January 14, 2009 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. A. Proclamations and Awards 09.001 i. Plaque - Employee of the Year for 2008 -Wanda Webb Mayor Gillmor read the bio for Ms. Webb who was not in attendance but had previously received her award. She arrived before the end of presentations and was congratulated. 09.002 ii. Certificate - Cindy Falco for Parks & Recreation Committee Service Mayor Gillmor presented a certificate to Ms. Falco, who addressed the audience on the importance of public participation. 09.003 iii. Certificate -Jim Slattery for Natural Resources Board Service Mayor Gillmor presented a certificate to Mr. Slattery, who briefly addressed the audience. 09.004 iv. Certificates -Thomas Burke, Dwight Trout, Todd Klitenic for Citizens Budget Review Advisory Board Service Mayor Gillmor presented a certificate to Mr. Klitenic. The others were not in attendance. 09.005 v. Certificates - GFWC Sebastian Junior Woman's and Woman's Clubs, Sebastian Property Owners Association, Sebastian River Area Chamber of Commerce, and Sebastian Police Volunteers for 2008 Christmas Parade Mayor Gillmor presented certificates to representatives of the above referenced organizations for the 2008 Christmas Parade and also to Jim and Jake Sunnycalb for their train set and to the Grinch. 09.006 vi. VFW -Presentation of Community Services Award to Sebastian Police Department The VFW presented community service awards to Sebastian Police Officers Hefper, Brandes & McDonough for their lifesaving effort on October 29, 2008. B. Brief Announcements Ms. Simchick announced the Sebastian Art and Music Festival on January 24 and 25. 2 Regular City Council Meeting January 14, 2009 Page Three Mayor Gillmor noted there is a local Sebastian Art Show in Riverview Park this weekend and urged people not to be confused that this is the larger art show listed on the Riverview Park marquee. He also announced that people can get a week's worth of food for $30 from Angel Food Ministries (angelfoodministries.com) and locally they can be found at the Crossroads Church on US 1; announced that each Wednesday the East Coast Clinic will do individual blood tests for $10 per test; and announced the Men's Health Fair at Sebastian River Medical Center this Saturday. 8. ITEMS CARRIED FORWARD FROM DECEMBER 10, 2008 REGULAR MEETING 08.121/09.007 A. Review Resolution No. R-08-09 Meeting Procedures (City Clerk Transmittal, R-08-09) 1-8 Mayor Gillmor called for public input. The following members of the public urged a return to having invocations at meetings: Daniel Dragonetti, Cindy Falco, Sal Neglia, Pastor Eleanor Lee, Bill Messersmith, Elizabeth Walter, Joe Generazio, and Sandy Vandermor. Mayor Gillmor noted Roberts Rules of Order provides that invocations should be placed before the Pledge of Allegiance and he requested that invocation replace moment of silence. Mr. Hill agreed with changing to invocation, requested going back to 7 pm start time, questioned the need to have language that the chair controls the meeting and the need to read a civility pledge. Ms. Coy said she had no problem with prayer but cited the reason it ended was that we were getting complaints because we could no longer get a variety of people and the person who was doing the invocation had the Mayor read from the gospel and the invocations were slanted toward one faith. She said she would rather have a variety of people to represent the entire community, thought the civility pledge and mayor controlling the meeting language should remain. Ms. Simchick noted the meeting time was changed to accommodate the elderly having to stay out late at night, asked if we all pray quietly does God not hear, noting that some people had a problem at the prayers that were slanted toward one religion. Mr. Wolff asked if Mayor Gillmor was a minister and he said he was. Mr. Wolff said his problem was that the person doing the invocation asked the former Mayor to come from behind the dais and read from the gospel and he had found that uncalled for. He said he had no problem with an invocation but the way it was handled was the thing. He cited an imam who spoke before Congress asking Mohammed for victory over the great satan and wondered what reaction that would get here. He said there is no harm in invocation that is non- denominational and noted Ms. Coy was very eloquent when she said it must be all inclusive, noting we are a patchwork of different religions in this country. Mayor Gillmor agreed, noting we are country founded on freedom of religion but are afraid to call out and ask for divine guidance. He also pointed out that with the new start time of 6:30 p.m. it is easier for ministers to come to give the invocations before their own church services. 3 Regular City Council Meeting January 14, 2009 Page Four MOTION by Mayor Gillmor and SECONDED by Vice Mayor Hill to move a generic invocation to the proper place on the agenda after call to order. Mr. Hill clarified that he agrees in his second that we can use the word God. Ms. Simchick said we have to respect diversity and be respectful. Result of the roll call: Ayes: All Nays: None Passed 5-0 MOTION by Vice Mayor Hill and SECOND by Mr. Gillmor to remove the civility pledge from the agenda. Result of the roll call: Ayes: All Nays: None Passed 5-0 Ms. Simchick brought up the process of public input relative to the Farmers Market issue under City Manager Matters. It was noted that the heading Public Input does not allow someone to discuss anything that is on the prepared agenda and that no public input is allowed under Charter Officer or Council Matters. The City Manager said Council can suspend the rules at any time. Mr. Hill conceded the start time can stay as is at 6:30 pm because of the invocation issue. 9. 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. s-2o A. Approval of Minutes - 12/10/08 o9.oos B. Authorize Appropriation of $34,216 from Local Option Gas Tax Funds to Florida East 21-as Coast Railway for Barber Street Railroad Crossing Rehabilitation (Public Works Transmittal, Letter, 1984 Agreement) 09.009 C. Approve Police Department Forfeiture Fund Expenditure in the Amount of $9,000 for 47-52 Sole Source Purchase of German Shepherd Canine from Canine Extreme, Key West (PD Transmittal, Letter, Quote) MOTION by Ms. Coy and SECOND by Ms. Simchick to approve the consent agenda. Result of the roll call: Ayes: All Nays: None Passed 5-0 4 Regular City Council Meeting January 14, 2009 Page Five 10. 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. Mayor Gillmor reported on a request from the Indian River Citrus League at the Treasure Coast Council of Local Governments meeting last week for a resolution of support for the joining of the St. Johns River and South Florida Water Districts. Ms. Simchick further explained the request was not to join the districts but to reconnect the waterways to prevent runoff to the Indian River Lagoon. Council supported the request and a resolution will be placed on the next agenda. 11. PUBLIC HEARINGS -none 12. UNFINISHED BUSINESS os.olo A. Consideration of Employment Agreement for Legal Services with Robert A. Ginsburg 53-58 and the City of Sebastian (City Manager Transmittal, Contract, Resume) Mr. Ginsburg said he had attached his resume for the benefit of members who were not here when he was hired as Special Magistrate. MOTION by Ms. Simchick and SECOND by Vice Mayor Hill to accept the agreement for legal services with Robert A. Ginsburg. Mr. Wolff read highlights of the resume for the benefit of the public. Result of the roll call: Ayes: All Nays: None Passed 5-0 07.196/09.011 B. Consideration of Land Dedication for the Four Chaplains Memorial at Riverview Park 5s-sa (City Manager Transmittal, Pictures) The City Manager briefly updated Council on the request for a memorial in Riverview Park and recommended site A as depicted on page 61 of the packet. Diane George, Public Relations Officer for the Four Chaplains Memorial Committee, addressed City Council on the request fora 50' x 50' memorial location in Riverview Park which first came before Council approximately one year ago. She noted the dedication is scheduled for February 3, 2009, said engineering was being handled by Joseph Schulke, showed an artist rendering, said a 20" X 36" plaque has been donated by the Indian River Historical Society, and memorial bricks are available for the walkway to assist with funding. Larry Wapnick displayed a brick and Ernest Heaton, one of only three U.S.S. Dorchester survivors, addressed Council and described the glass design of the memorial. Regular City Council Meeting January 14, 2009 Page Six Mr. Wapnick commended Council on its action tonight on invocations, noting that diversity is what this country is founded upon, and that the four Chaplains represented Interfaith in Action by their deeds. He announced an Interfaith in Action ceremony at St. Sebastian Catholic Church on February 1, at 2:00 p.m. and the unveiling of the memorial's temporary plaque on February 3. All members agreed on Site B rather than A. MOTION by Mr. Wolff and SECOND by Ms. Coy to approve the U.S.S. Dorchester Four Chaplains memorial at site B passed with a unanimous voice vote. Mayor Gillmor called recess at 8:00 p.m. and reconvened the meeting at 8:21 p.m. All members were present. 13. 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. Deborah and Steven Brown, Ashbury Subdivision, urged Council to start the Powerline Road project to stop traffic from speeding through Ashbury late at night and endangering people and animals within the subdivision, by utilizing escrow funds set aside for Powerline by the developer. Louise Kautenburg requested Council to be specific about agenda items so people know what they are if they are going to load the audience with supporters. Daryl Ruce, Ashbury Subdivision, reiterated the $160,000 escrow for Powerline Road that was set aside by the developer, stating this is a beautiful community and it needs to be protected. The City Manager gave Council a history of the escrow and reported that it is due to expire in 2010/2011. He talked about opportunities to seek economic stimulus funding that will be coming out of Washington and the possibility of seeking funding for Powerline Road. He stated the estimated cost for the road would be $ 1 M. Ms. Simchick said the economic stimulus funding will not be made available to the City for this but the $160,000 escrow could go toward design. Discussion followed about the rear gate which the City Manager said is supposed to be closed. Mr. Wolff asked if this is a gated community, why isn't the solution for the gate an Ashbury issue. He suggested the City can offer help in the matter of safety. The City Manager said we can continue to work with owners on the gate issue. Mr. Wolff suggested a meeting with the City Manager, Police Chief and Homeowners Association be organized. Charlie Wilson said three openings are coming up on the Tourist Development Council, urged Sebastian people to participate and explained how to apply. He announced the February 5, 2009 Economic Summit and cautioned that tourism, citrus, construction and health industries should not be ignored. He offered his help to the City. 6 Regular City Council Meeting January 14, 2009 Page Seven Jeffrey Junek, Light Source Business Systems, said his company is local and supplies toner cartridges, etc. to businesses cheaper than they could be purchased elsewhere and had spoken to the City and was told they are not interested in doing business with him. Cindy Falco said she was shocked that the police officers were given Outback certificates rather than certificates for local businesses. Ms. Coy said she had obtained the certificates and it had nothing to do with the City. Sal Neglia started to speak on the Farmers Market issue, but Ms. Simchick pointed out that the other gentleman and his family had been waiting to speak on that issue under New Business where it was moved. Mr. Wolff suggested moving the Farmers Market issue to item A under New Business. Everyone agreed. Damien Gilliams said Brevard County received $35 M for road projects and we should send out a letter immediately for funding from the proposed stimulus package, said the City needs a program for existing businesses, and asked why the Chamber did not mention that there are three seats available on the Tourist Development Council. He asked about the City giving extra money to the Sebastian Fine Arts and Music Festival and expressed concern for Lisanne Monier listing her business in the ad for the event but not the other businesses involved. The City Manager said additional funding was given for concerts in the park, not the art festival and he had not seen the ad. Mr. Wolff said he had seen the ad, it was not a good ad, but the inclusion of Ms. Monier's Old Opera House in the ad did not seem to be a problem. Ms. Simchick asked the City Manager and City Attorney to look into the ad issue. 14. NEW BUSINESS 09.019 F. Farmers Market at Riverview Park (City Manager Transmittal) 175 This item was moved here from City Manager's Matters. Sal Neglia said the City should embrace this to bring people here. Tim Timinsky, Sebastian resident, said he was raised here and his great grandfather founded Pelican Island, and he owned the produce market on US 1 and Indian River Drive. He said small businesses are the lifeblood of a community and thought a farmers market is a good idea as long as local farmers are used and the money stays in the community. The City Manager explained there has been conversation about a flea market/yard sale/farmers market in the community and his office has been approached by a vendor who is in charge of some area farmers' markets that sells goods. He said his concerns are: do we want that kind of activity in Riverview Park, and do we want to host these events when we 7 Regular City Council Meeting January 14, 2009 Page Eight already have vendors in town with hard capital expenses such as Mr. Timinsky. He requested direction for either putting out a proposal for an organizer with the City taking a part of the booth fees or have the City act as the organizer. The City Manager also pointed out it will be in a visible park, some folks will love it, there could be a variation of merchandise, and asked how Council feels about participants competing against local merchants. Mr. Wolff suggested a local organizer and holding the event at the Davis Street parking lot or the old Walmart. Mayor Gillmor and Ms. Coy said they were against a broker type organizer. Ms. Coy said she would like to start out on a smaller scale in the neighborhood parks and invite local businessman to bring their wares in a flea market type atmosphere. The City Manager asked for consensus to set up a flea market type activity with under 300 people in attendance. Cindy Falco, former member of the Parks & Recreation Committee, said the vendor gave a presentation to the Committee and explained he uses local merchants that grow and make merchandise from the earth; it should be held in a visible place; and it will benefit the community as a whole. The City Manager said he should have used the word organizer instead of broker. Mr. Wolff said all of the ideas are good ideas. Damien Gilliams suggested changing the residential code to allow for five hens in everyone's yard so we can have fresh eggs everyday and everyone can participate in the market. He said Council is on the right track, it should be in a visible spot with signs directing traffic to the spot. Mayor Gillmor said the crux is who will run it, organize it, and manage it. Ms. Coy offered to meet with the City Manager, come up with ideas, and report back to Council. Mr. Wolff suggested visiting the Palm Bay farmers market in the meanwhile. New A. First Reading Ordinance No. 0-09-01 - Adooting the Capital Improvements Element 69-118 for the Comprehensive Plan -Schedule Public Hearing for January 28, 2009 (GMD Transmittal, 0-09-01, Exhibit A) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN AMENDING THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title and explained that Council has already approved this element but the Department of Community Affairs is requesting this to be adopted separately from the entire comprehensive plan update, and it should be considered as a housekeeping item. MOTION by Vice Mayor Hill and SECOND by Ms. Simchick to pass Ordinance No. 0-09-01 on first reading and schedule the public hearing for January 28, 2009. Damien Gilliams noted that businesses do not separate solid waste which is addressed in one of the comprehensive plan's elements. 8 Regular City Council Meeting January 14, 2009 Page Nine Result of the roll call: Ayes: All Nays: None Passed 5-0. 08.122/09.013 B. Consider Resolution of Support for Indian River Lagoon Initiative (City Clerk 119-121 Transmittal, R-09-01) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, EXPRESSING STRONG SUPPORT FOR THE INDIAN RIVER LAGOON STATE FUNDING INITIATIVE. The City Minner read the title and said if adopted; it would be transmitted to our legislative delegation. Ms. Simchick said she neglected to request the resolution at the November meeting and it would beneficial to show support for this initiative. MOTION by Vice Mayor Hill and SECOND by Mayor Gillmor to adopt Resolution R-09-01 supporting the Indian River Lagoon initiative. Result of the roll call: Ayes: All Nays: None Passed 5-0. 09.014 C. Consider Resolution for Florida League of Cities "Building Citizenship in the 123-12a Community: Back to Basics" Initiative -Direct Staff Accordingly (City Clerk Transmittal. FLC Information. Draft Resolution) The Clerk explained it was up to Council if they wanted to adopt a resolution. Damien Gilliams said this is about educating the citizens about government and repeated his request for a citizen's academy. Ms. Simchick pointed out the boy and girl scouts were recently here, and said there was discussion about extending the citizens' police academy a few weeks to include city hall which maybe should be looked at again. The City Manager said citizen education is covered by the volunteers who man the front desk and our annual student government day. Mr. Gilliams suggested a student could sit behind the members on the dais. The Clerk offered to draft a resolution and put it on the next consent agenda. 09.015 D. Establish George Street Ditch Rehabilitation Project (City Manager Transmittal, 129-134 Pictures The City Manager said he is asking to transfer funds for an unbudgeted project because the ditch has needed attention for quite some time. 9 Regular City Council Meeting January 14, 2009 Page Ten MOTION by Ms. Simchick and SECOND by Ms. Coy to extend the meeting passed with a unanimous voice vote. Mayor Gillmor called recess at 9:54 p.m. and reconvened the meeting at 10:02 p.m. All members were present. MOTION by Vice Mayor Hill and SECOND by Ms. Coy to approve the establishment of the George Street Ditch rehabilitation project by transferring $90,000 from the stormwater fund. Ms. Simchick asked that abs or reinforced concrete be requested in the bid process. Result of the roll call: Ayes: All Nays: None Passed 5-0. 09.016 E. Resolution No. R-09-02 Authorizing the Execution of a Joint Participation Agreement 135-164 between FDOT and the City of Sebastian for Hangar Construction (Airport Director Transmittal, R-09-02, 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 TO CONSTRUCT HANGARS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title. The Airport Director said staff is recommending a public/private partnership similar to the SheltAir situation. Ms. Simchick requested the RFP include a variety of hangars. Mr. Hill asked if a feasibility study was completed and if SheltAir will be involved. The Airport Manager explained that since SheltAir is interested in participating, they completed a feasibility study. In response to Mr. Wolff's inquiry about entities only needing $290,000 to apply, the Airport Director explained he will be recommending to the City Manager the best return for the money because the credit market will dictate the qualified aviation entity. The City Manager said the City will receive a franchise fee and lease money. The Airport Director described where the RFP will be advertised and Mayor Gillmor asked if it would be in Aviation Week. The Airport Director said probably not as their rates were high. Ms. Simchick asked if there would be a performance bond and the Airport Director explained the winning entity would bid out the construction as part of the grant assurances. Mayor Gillmor pointed out that cone-time, expensive ad in Aviation Week might be worthwhile to attract the space industry. The Airport Director offered to look into such an advertisement. 10 Regular City Council Meeting January 14, 2009 Page Eleven George Skelzi, Collier Club, plane owner, said he was on a waiting list at one time for a SheltAir hangar and there is a need for more hangars. MOTION by Vice Mayor Hill and SECOND by Mr. Wolff to approve Resolution No. R-09-02 to authorize the execution of a joint participation agreement #416287-1-94-01 between FDOT and the City of Sebastian to construct hangars in the amount of $1,160,000. Result of the roll call: Ayes: All Nays: None Passed 5-0. 08.014/09.017 E. Review and Set Goals for Charter Officers in Accordance with Resolution R-07-31 ass-~~4 (City Clerk Transmittal, R-07-31, Minutes Excerpts) At this point, there were only four minutes left of the meeting, and it was decided to carry this item forward to the January 28, 2009 meeting. Council requested that only the listed unfinished matters be carried forward on the next agenda. The City Attorney noted his new position leaves the code enforcement magistrate position vacant and asked permission to contact the other three magistrate finalists to see if they are still interested and set up interviews with the Clerk. Council agreed to the City Attorney's suggestion. The City Manager said the Little League would like to put up advertisements on the fence at the ball field. Council requested this be an agenda item to receive action. Being no further business, the Mayor adjourned the Regular City Council meeting at 10:30 p. m. 15. CITY ATTORNEY MATTERS 09.018 A. Process to Select Special Magistrate for Code Enforcement 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS -None 18. CITY COUNCIL MATTERS A. Vice Mayor Hill B. Council Member Coy C. Council Member Simchick 09.020 i. City Planning: A Time for Vision and Goal Setting 09.021 ii. Tourism D. Council Member Wolff 11 Regular City Council Meeting January 14, 2009 Page Twelve E. Manor Gillmor 09.022 i. Assignments of Council Members to Attend IRC Commission Meetings - »~ February through October (Meeting date List) 09.023 ii. Car Storage 19. Being no further business, Mayor Gillmor adjourned the Regular Meeting at Approved at the January 28, 2009 Regular City Council Meeting. ti Richard H. Gillmor, Mayor ATT ~ Sally A. Maio MMC -City Clerk 12