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HomeMy WebLinkAbout09172008CRA Minutes~~ ~EBAS'TU~ ~--~ _ ~„ HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY (CRA) (CITY COUNCIL) MINUTES WEDNESDAY, SEPTEMBER 17, 2008 - 5:00 PM CITY COUNCIL CHAMBERS 1225 MAIN ST, SEBASTIAN, FL Mayor Coy called the CRA Meeting to order at 5:00 p.m. 2. The Pledge of Allegiance was recited. 3. 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 City Clerk, Sally Maio Police Chief, Jim Davis Police Lieutenant, Michelle Morris Deputy City Clerk, Jeanette Williams Growth Management Director, Rebecca Grohall MIS Systems Analyst, Barbara Brooke-Reese 4. APPROVAL OF MINUTES - 8/27/08 Meeting MOTION by Mr. Neglia and SECOND by Mr. Paternoster to approve the 8/27/08 minutes passed on a voice vote of 5-0. 5. RECONSIDERATION OF FAGADE, SIGN & LANDSCAPE GRANT REQUEST BY CAPT. HIRAM'S PER MAYOR COY (GMD Transmittal, Staff Report, Guidelines, Application) Mayor Coy said she had requested this item, it was a two part process, the motion to reconsider by someone on the prevailing side and if approved decide when to act on it. MOTION by Mr. Neglia and SECOND by Mayor Coy to reconsider the facade, sign, and landscape grant request of Capt. Hiram's. Ms. Simchick said the guidelines are clear, the application was denied, not the grant, and nothing has changed. Community Redevelopment Agency Meeting September 17, 2008 Page Two Roll call on the motion was as follows: Ayes: Coy, Neglia, Paternoster, Wolff Nays: Simchick 4-1 The City Attorney advised at this point Council decides whether to reconsider this tonight or at a future time. Mayor Coy said she put this on for this evening, under the existing rules, and she intends to change her vote on the issue. MOTION by Mr. Paternoster and SECOND by Mr. Wolff to hear the reconsideration this evening passed on a voice vote of 5-0. Public Input Tom Collins, Captain Hiram's, said he appreciated the second opportunity, they were not aware of the program, he favored opening up the grants retroactively to anyone out there, he understood Ms. Simchick's position, and he requested support of the request. Mr. Neglia asked why check information is crossed out and the City Clerk responded it is a public records issue and was done internally. Damien Gilliams, 1623 US 1, Sebastian, said Council had discretion to change rules anytime, said he was for Captain Hiram's getting what is due to them, the issue is fairness and equal rights. He said he had a problem with his grant request and tried to get it back on an agenda with a letter from his attorney, now the Mayor is being selective. Mayor Coy gaveled him and told him to stick to the issues. Mr. Gilliams said he would be waiting in the back for a motion to reconsider his applications. Ms. Simchick asked why Council did not receive a copy of the letter from Mr. Gilliams' Attorney requesting the item on the agenda. The City Manager said he did not copy the letter to Council for four reasons, and then listed them as follows: 1) There was not a precedent issue until Capt. Hiram's is considered 2) All of his taxes were not paid 3) It would be more appropriate for him to reapply 4) A reconsideration of a vote has to be done at the next meeting He said he would provide a copy of the letter to Council. 2 Community Redevelopment Agency Meeting September 17, 2008 Page Three Ms. Simchick said in the future she would like a copy of any letter from any attorney regarding a City Council meeting. In response to Mr. Neglia, the City Manager said the CRA can accept as many applications as they want within the budget parameters. Council Discussion Mayor Coy read the application guidelines on circle page 20 and noted Council has used their discretion with the Keg Shack award. She said she was prepared to endorse Capt. Hiram's application. MOTION by Mr. Paternoster and SECOND by Mr. Wolff to grant Collins the full amount of the FSL program. Mr. Neglia asked when Council is going to stop changing their minds on these things and said it has to stop. Ms. Simchick said this is not personal but is based on an application deadline, the Keg Shop was in the same fiscal year, if Council didn't like the rules they need to change the rules however future rules will be stricter. She said she would deny this application tonight, but may consider it in the future with many other people that would like to be considered. Mayor Coy asked the City Attorney and the City Manager if we are acting on the grant. The City Attorney said Ms. Simchick is not against the grant recipient but the delinquent grant application and will not approve the grant application. Mayor Coy said when they talk about changing the program, she may support retro support. She asked the Growth Management Director if there were any other applications not brought to Council because their signs went in before they applied. The Growth Management Director said not that she was aware of. Mayor Coy said no one has been left out. Mr. Neglia reiterated that he also is not against the grant recipient but the delinquent application and when Mr. Collins said he didn't know about the program that maybe a letter can be sent to all businesses in CRA district. He said he would not support this. Ms. Simchick asked the City Attorney if we do not pass the grant this evening and the grant program is changed, can it be reapplied for. The City Attorney said yes, if the changed rules allow that. Ms. Simchick asked if the rules were changed to allow open enrollment time periods could this application could be passed in the future if it met the criteria. The City Attorney said he would have concerns with open enrollment because this fund is restricted to redevelopment uses and Council would be opening themselves up to challenges because it is veering from redevelopment guidelines. Community Redevelopment Agency Meeting September 17, 2008 Page Four Ms. Simchick said what he described is exactly what is happening now. The City Attorney said if that is how Council is systematically using the money, it could be challenged. Mr. Paternoster asked the City Attorney if he went through the criteria when the program was initially implemented. The City Attorney said he did and when the rules are going to be revamped he said to remember it is pot of money with restrictions on it. He said he is the "voice of doom" when it comes to the CRA's capital projects to be done within three years; and when Council puts off the projects, the more Council is open to challenges by the County. Mr. Paternoster said approval of the Keg Shack set the precedent and changes can be done when the program is revamped but he supported Capt. Hiram's request. Mr. Neglia asked if the Keg Shack sign was erected after Council approval. The Growth Management Director said no, it was up before approval. Ms. Simchick asked the City Attorney if he planned to discourage future prior-built signs. The City Attorney said while approving one or two can be an estoppels type fairness argument, but to systematically approve retroactive work, it can no longer be an incentive program for redevelopment. Roll call on the motion was as follows: Ayes: Paternoster, Wolff, Coy Nays: Neglia, Simchick 3-2 6. PUBLIC HEARING AND ADOPTION - FY 2008/2009 CRA BUDGET A. Mavor Opens Hearin The Mayor opened the public hearing at 5:40 p.m. The City Manager explained the purpose of this is to discuss some projects for the unappropriated CRA funds which could be: underground stormwater system on Indian River Drive, improving the CAVCORP property, installing a permanent bandshell, or increasing funding of the FSL Grant Program. He said he was looking for input, reviewed the operating expenditures, noting the transfer from general fund for personnel issues is for personnel during special events. B. Council Discussion Cindy Falco, said the CRA district is not really defined as she finds that people do not know if they are in the district or not. She asked if the Charrette money given in 2001 went to Parks and Recreation or is it still available. 4 Community Redevelopment Agency Meeting September 17, 2008 Page Five The City Manager said if she was referring to the fountain and riverfront improvements, the fountain was being taken care of. Damien Gilliams, 1623 US 1, said two or three years ago AI Paternoster put money in the budget to remove derelict boats and they have not removed the boat on his property. The City Manager asked the Police Chief to explain why that boat was not removed. Chief Davis said derelict vessels from hurricanes Jeanne and Francis were removed and it was determined that the boat on Mr. Gilliams' property was not washed up because of the hurricanes. The Chief also said vessels deemed navigational hazards were removed, which also disqualified the boat on Mr. Gilliams' property. Ms. Simchick said the Beach and Shore Preservation Committee reported that 30 derelict boats were removed and asked if the boat was submerged. The City Manager offered to inspect the boat the next day. Mr. Wolff asked if there were other boats in the CRA district. The City Manager said the boats that could be brought up, the navigational hazards, have been removed. Mr. Neglia said there was a grant from south Brevard County to remove some of the boats. The Chief added the last three vessels removed were done by Charlie Sembler at no cost to the City. Mr. Gilliams said some money should be set aside for an economic development commission to help the businesses. Mr. Neglia said he bought this up last year and none of the businesses came forward. Mr. Gilliams said it would be a part of a citizen's academy and benefits should be given to the volunteers. 7. ADOPT RESOLUTION NO. 08-01 - FY 2008/2009 CRA Budget (Finance Director Transmittal, Resolution 08-01) A RESOLUTION OF THE CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY (CRA) ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Mr. Neglia and SECOND by Ms. Simchick to recommend Resolution No. 08-01 adopting CRA budget for FY08/09. Mr. Paternoster asked if money can be marked for the derelict vessels. Ms. Simchick said Indian River County piggybacked the south Brevard grant which was completed and staff is trying to set up a site to store the boats while they figure out who the owner is, vehicle identification number, if the boat was abandoned. Community Redevelopment Agency Meeting September 17, 2008 Page Six The City Clerk reported in 2000 the City had a grant from the Florida Fish and Wildlife Conservation Commission for $22,500 for derelict removal and the City used Adventure Environmental, Inc. of Key Largo. (Editor's note: the City went to second lowest bidder Sebastian Towboat & Salvage, Inc. on 9/21/01 after discussions with Adventure Environmental] Mr. Wolff said grants would be great, but it should be budgeted for. He said he would like more details about the CAVCORP property and the stormwater system on Indian River Drive, then he would consider derelict vessels at that time. The City Manager said there is money for derelict vessels and since there was a motion on the floor, he asked the Vice-Mayor to consider a friendly amendment of $20,000 for derelict vessels. The Vice-Mayor and Ms. Simchick agreed to the amendment. Mayor Coy asked if we could allocate after researching and surveying the whole district for the number of vessels. The City Manager said he would look for grant money and shift monies as needed. Ms. Simchick cautioned that moving a vessel involves a lot of man hours to pull sea grass permits, which is where a lot of the grant goes to then actual removal of the vessel. MOTION by Mr. Paternoster and SECOND by Ms. Simchick to extend the CRA meeting passed with a voice vote. Roll call on the amended motion was as follows: Ayes: Simchick, Wolff, Coy, Neglia, Paternoster Nays: 0 5-0 8. Being no further business, Mayor Coy adjourned the CRA meeting at 6:02 p.m. Approved at the March 25, 2009 CRA meeting. i 8~ ~ Ric rd H. Gillmor, Mayor ATTE~~ J t ~~~ - Sally A. Maio, MC -City Clerk 6