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HomeMy WebLinkAbout03112009~cm~ ~"'~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 11, 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. Father Morrissey of St. Sebastian Catholic Church gave the invocation. 3. The Pledge of Allegiance was recited. 4. 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 Staff Present: City Manager, AI Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Police Chief, Jim Davis Deputy Police Chief, Michelle Morris Parks Supervisor, Chris McCarthy MIS Senior Systems Analyst, Barbara Brooke-Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. Regular City Council Meeting March 11, 2009 Page Two 6. 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. 09.046 A. Presentation of Certificates of Completion to Mavor Gillmor and Vice Mavor Hill for the Institute for Elected Municipal Officials Sponsored by John Scott Dailey Florida Institute of Government and Florida League of Cities in January The City Manager presented certificates to Mayor Gillmor and Vice Mayor Hill and congratulated them for their achievement. Brief Announcements Mayor Gillmor announced a Tourism Workshop on March 18, 2009 at 6 pm, and a CRA Meeting on March 25, 2009 at 6 pm. The City Manager said we will firm up the CRA meeting during tonight's meeting. Ms. Coy announced the Pelican Island Wildlife Festival at Riverview Park on March 14, 2009 9:00 a.m. to 4:00 p.m. 7. 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. 1-14 A. Approval of Minutes - 2/18/09 Workshop 15-27 B. Approval of Minutes - 2/25/09 Regular Meeting MOTION by Mr. Hill and SECOND by Ms. Simchick to approve the consent agenda carried on a voice vote of 5-0. 8. COMMITTEE REPORTS & APPOINTMENTS City committee n:ports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. None. 9. PUBLIC HEARINGS -None. 2 Regular City Council Meeting March 11, 2009 Page Three 10. UNFINISHED BUSINESS 08.093/09.048 A. Resolution No. R-09-11 -Adopting Economic Development Plan -Revised from zs-a3 2/18/09 Workshop (City Manager Transmittal, R-09-11, Draft Plan) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A DRAFT ECONOMIC DEVELOPMENT PLAN FOR THE CITY OF SEBASTIAN DATED MARCH 2009 AND USING SUCH PLAN AS THE GROUNDWORK FOR A FINAL ECONOMIC DEVELOPMENT ELEMENT TO BE INCORPORATED INTO THE CITY OF SEBASTIAN COMPREHENSIVE PLAN AT A LATER DATE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Manager gave a brief update, advising the plan was amended based on input from the workshop and put into resolution format, which Council can adopt and use as a working tool or give other direction to staff. Don Wright, Fischer Circle, said the County Commission had reduced the average wage to 75% in the incentive program and asked Council to do the same. Mr. Wolff asked if we were going to revisit the document and Mayor Gillmor said if we can amend the document as we like it at this time. Ms. Simchick and Mr. Hill were in agreement with the suggested average wage of 75%. Mr. Hill said even if adopted we could still revisit the document and amend it as we go until it is finally adopted later. The City Manager asked Council to look at the targeted industries, the average wage incentive at 75%, and the incentives. He pointed out that the plan says the City will provide the policies outlined in sections 3.2 to 3.5 but there is not a formal plan in place to do this, so an ordinance or resolution will be needed in the future. Mr. Hill said if we are going to dissect the document today, we are not going to get through it. Ms. Simchick said it was her understanding that modifications would be made and sent to DCA. The City Manager said R-09-11 does say that it would be transmitted later but we should say we have a plan. He pointed out that policy 3.1 is already in place, policy 3.2 says partner with Indian River County on tax abatement which doesn't commit the City and will need to go to referendum. He requested discussion for policies 3.3, 3.4, and 3.5 which can be done at a CRA meeting. Mr. Wolff asked if the policy 3.1 wording, "guarantee administrative determination and permit issuance" means that it is a guaranteed permit issue, and the City Manager explained the phrase guarantees "review" and anything staff is authorized to do will be done in 60 days. Mr. Wolff asked where the funding would come from regarding policy 3.2, and the City Manager responded it would be new incremental tax of the relocation. 3 Regular City Council Meeting March 11, 2009 Page Four Ms. Simchick said we need to bring this back soon if we are going to put this on the November ballot. MOTION by Ms. Simchick and SECOND by Ms. Coy to pass Resolution No. R-09-11 adopting the Economic Development Plan revised by the 2/18/09 workshop with the revision that policy 2.1 reads 75% average wage incentive. Result of the roll call vote: Ayes: 5 Nays: 0 Motion carried. 09.021 B. Billboard and Other CRA Advertisement (City Transmittal, Thumbnail Billboard 45-55 Recommendations) Mayor Gillmor said in speaking to the City Manager, he was advised this item should be acted upon at a CRA Meeting and cannot be acted upon tonight. The City Manager said he realized at the last moment before agenda packets went out last week that this item needed to go before CRA. MOTION by Ms. Simchick and SECOND by Mr. Hill to agendize the billboards and the tourism consensus made at the Workshop on March 18th. Mayor Gillmor indicated he wanted to discuss his treasure hunt idea. Ms. Simchick asked him to bring it to the workshop because they all have ideas and take action at the CRA meeting. Mayor Gillmor asked if there was anyone who wanted to speak on this item. Tom Collins, Capt. Hiram's, said he understood this has to go before CRA, and talked about the benefits of billboards. He noted there is a balance of $400,000 in the CRA budget, suggested locations, a small billboard committee of maybe Beth Mitchell, his employee Debbie, and a Council Member to come up with a design and he handed out designs, stating they can chip in on it. Beth Mitchell, Sebastian River Area Chamber of Commerce, said the Chamber's Board of Directors supported the initiative, also suggested changes to older signs on CR512. Cindy Falco, Sebastian, said she would like to see diverse business owners on the committee. Damien Gilliams, 1623 US 1, Sebastian, said he was shocked that Mr. Collins came to the meeting and brought billboard designs that are going to be approved tonight, asked if Mr. Collins can help him remove derelict boats near his property, stated there are CRA funds to do this. Mr. Wolff asked to speak on the billboard subject for a couple of minutes. He then gave a brief power point presentation. Ms. Simchick thanked him for his input, and said she would support this at the workshop. 4 Regular City Council Meeting March 11, 2009 Page Five Mayor Gillmor also thanked him. Ms. Simchick asked if we know how many hits we get on our meetings, and Ms. Brooke said we have the ability to count the hits. Mr. Hill agreed it is a good idea. 11. PUBLIC INPUT Jeff Weatherford said he was concerned about the mangroves at the Rotary Pier, and asked if there was anything on this. The City Manager said Public Works is working on this. He exhibited photos on the overhead. Cindy Falco said she had problems with pepper trees across Louisiana Avenue from her noting they block her second floor river view. The City Manager said he would look into it and report back to Ms. Falco. Bruce Zingman said the Sebastian Property Owners Association will be having aclean-up along the riverfront the morning of the Wildlife Festival, Saturday, March 14th, at 9:00 a.m., noting they will meet at Indian River Drive and Coolidge Street. Damien Gilliams said he brought photos of the derelict boats and asked if he can display them. The Mayor said he will stop by tomorrow. Mr. Gilliams asked the Mayor to find out when they will open up the road. The City Manager said Indian River Drive will be open July 15. Mayor Gillmor called recess at 7:22 p.m. and reconvened the meeting at 7:33 p.m. All members were present. 12. NEW BUSINESS 09.049 A. Beth Mitchell -Executive Director -Sebastian River Area Chamber of Commerce - Update on Chamber Activities and Proposed Renovation Beth Mitchell, Executive Director, Sebastian River Area Chamber of Commerce, introduced herself and Tourism Director, Nicole Holbrook and named the people who work for the Chamber: Visitor Greeter, Anna Ervin; Membership Director, Kim Cerreto; and Bookkeeper, Cari Weber. She then gave a power point presentation on the mission and status of the Chamber of Commerce renovations (see attached), Nicole Capp Holbrook gave a presentation on the Chamber's various marketing methods. (also attached) Beth Mitchell continued the presentation on the proposed renovation, but first gave a chronological history of the Chamber's presence in the area since 1978, and their two attempts to attain grant funding which were not successful, and their decision not to go forward with a third funding attempt. She said they are currently considering minor modifications to the 5 Regular City Council Meeting March 11, 2009 Page Six building to include a concrete pad around the building, some fagade improvements and painting the building. Ms. Simchick suggested they apply for the Fagade Signage and Landscape grant. Ms. Mitchell explained at the inception of the grant program there was discussion that not-for- profits that do not contribute to the CRA should not be eligible; in addition, it would place them in competition with the business members. Mr. Wolff inquired about the Indian River County Chamber new building and funding sources and Ms. Mitchell responded they began fundraising in 2006 with a professional company and the economy was not in the state it is today. Mr. Hill thanked her for coming, and noted what was described is a lot, and what they do for Sebastian is beneficial to the City and they make it a better place. Ms. Coy encouraged the public to visit the Chamber, citing the assistance her out-of-country- company had received. Ms. Simchick suggested Ms. Holbrook bring back her presentation at the Tourism Workshop on March 18th Ms. Wolff inquired what strategies they are considering in this economic time, and Ms. Mitchell responded they make upgrades to their website utilizing a webmaster. Ms. Simchick noted that there have been 1,186 hits for the City website since November. Rosemary Bostinto, Sebastian, thanked them for the excellent presentation, and asked if there will be handicapped access to the new building. Cindy Falco, cited the historic homes that are not listed in one of the Chamber's publications, said she joined the Chamber and was disillusioned, said she had suggested targeting areas in Florida where people do not have to travel far to visit, asked where the $63,000 they receive from tourism dollars goes, does not find the Chamber helpful, cited the definition of a chamber of commerce. 09.050 B. Deshea Aviation Airport Lease Amendment (Airport Director Transmittal 57-90 w/Assignments 1 and 2, First Amendment of Aviation) The Airport Director briefly explained the lease amendment as set out in the transmittal, and recommended approval. Ms. Simchick said with an occupational license, they should have insurance naming the City as a co-insured. She asked the City Attorney where this would appear, and how the City would be protected. The City Attorney said this appears on the original lease in Sections 12 and 13 and those provisions carry over to the parties of the lease amendments. 6 Regular City Council Meeting March 11, 2009 Page Seven Mr. Wolff asked what would prevent flight training on a seasonal basis to be subleased to someone else on a full-time basis, and the Airport Director said Mr. Dee is an honorable man who is a full-time resident of North Carolina, and he has assured him that he wants to do this on an occasional basis utilizing his own airplane. Mr. Wolff asked if this was going to change and expand the use would it have to come back to Council, and the Airport Director said it would. The City Attorney said on page circle 89, it states "on a limited and seasonal basis," and if there was anything else, it would have to come back or be a breach. MOTION by Mr. Gillmor and SECOND by Mr. Hill to approve Deshea Aviation lease amendment. No input. Ms. Simchick asked if there would be any liability if there were an accident with one of the planes, and the City Attorney responded he did not think so, much the same as Vero would not be responsible for Piper. Result of the roll call vote: Ayes: 5 Nays: 0 Motion carried. 09.051 C. Resolution No. R-09-12 -Consider Airport Voluntary Flight Procedures (Airport Director s~-~oa Transmittal, R-09-12, Rules Brochure, Prior Resolution R-93-38) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR THE ADOPTION OF AIRPORT VOLUNTARY FLIGHT PROCEDURES; DIRECTING THE CITY MANAGER TO IMPLEMENT THE PUBLICATION OF SAID PROCEDURES; PROVIDING FOR THE REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR EFFECTIVE DATE. The Airport Director gave a brief presentation on the proposed procedures, said he had received approval from FAA, described the flight patterns relative to safety to take them over the conservation areas, and ultimately he put it in the form of a brochure with the assistance of Barbara Brooke-Reese in the MIS Department who prepared the graphics, that pilots could carry with them with verbiage and picture depiction. He recommended approval of the resolution; he would then run 4,000 copies and provide them to people who use the airport, telling them this is what the City would like them to do. MOTION by Mr. Wolff and SECOND by Ms. Coy to repeal Resolution No. R-93-38 and approve its replacement, Resolution No. R-09-12. 7 Regular City Council Meeting March 11, 2009 Page Eight Cheryl Doyle, 25 Palm Drive, Sebastian said she was here to support the Airport Manager, describing the flight patterns very close over her property and urged support of the rules. Result of the roll call vote: Ayes: 5 Nays: 0 Motion carried. 09.047 D. Resolution No. R-09-13 -First Amendment to Lions Club July 4th of July Agreement 105-137 to Alcoholic Beverage Sales Through 2010 (City Manager Transmittal, R-09-13, First Amendment, Lions Club Request) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A FIRST AMENDMENT TO THE JOINT PROJECT AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND LIONS CLUB OF SEBASTIAN, INC. IN REGARD TO THE 4T" OF JULY CELEBRATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Manager said there are two events remaining on the current agreement, and staff brings this back as a first amendment to agreement, citing the Lions request and noting they are in attendance tonight. MOTION by Ms. Simchick and SECOND by Mr. Hill to approve R-09-13. Mayor Gillmor said his concern was the open hours, and addressed his concern to Dr. Norman Meyer. Dr. Meyer said they would close activity between 7:30 p.m. and 8:00 p.m. Mayor Gillmor again expressed concern about someone who starts purchasing beer at 11:00 a.m., and Dr. Meyer said they will attempt a method of hand stamping to eliminate this problem and receive help from the Police Department. Ms. Simchick asked if they are doing any different time wise from other festivals and the City Manager said no. Dr. Meyer said they would start at 11:00 a.m. and Mayor Gillmor suggested they close down at 6:00 p.m. Dr. Meyer said people come typically at 5:00 p.m. for dinner before the fireworks start, and Ms. Simchick said their requested time is in keeping with others, and she did not want to limit their time. Dr. Meyer, in response to Mr. Wolff, elaborated on the plan to fence in an area with one entrance, to check ID, no one can leave with a beer, use hand stamps, and ask the Police Department to help control behavior. He said they do not intend to sell wine. Ms. Coy suggested including adding the 8:00 p.m. closing time to the amendment. 8 Regular City Council Meeting March 11, 2009 Page Nine Result of the roll call vote: Ayes: 5 Nays: 0 Motion carried. 09.052 E. First Reading of Ordinance No. 0-09-02 -Water Restriction Ordinance Amendment - 139-154 Set Public Hearing (City Clerk Transmittal, 0-09-02, Current Code Language, SJRWMD Brochure) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY CODE OF ORDINANCES CHAPTER 102, SECTIONS 102-76 THROUGH 102- 84 PERTAINING TO THE "CITY WATER RESTRICTION PLAN"; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-09-02 by title only. The City Manager said this asks Council to consider adopting the new St. Johns River Water Management District regulations. There was a motion by Ms. Coy but no second so the item failed. 13. CITY ATTORNEY MATTERS The City Attorney said he had selected David Hancock, 1327 North Central Avenue for the special magistrate position and he has agreed to the same contract provisions that he had and asked he Council if they would like to review his resume tonight or bring it back for the next meeting. It was the consensus of Council to have Mr. Hancock on the next agenda. 14. CITY MANAGER MATTERS -None 15. CITY CLERK MATTERS -None 16. CITY COUNCIL MATTERS A. Council Member Simchick Ms. Simchick said she has been looking into conservation easements for the east side of Indian River Drive whereby residents that live on the west side that donate their east side land would receive a tax break. She noted this was on the ballot and she would be bringing back more information. B. Council Member Wolff None. 9 Regular City Council Meeting March 11, 2009 Page Ten C. Mayor Gillmor 09.053 i. Working Waterfronts Program (DCA info) The Mayor said he asked the Clerk to put the working waterfront program information on the agenda, he had been in touch with Program Administrator, Shawna Beji, and said he is looking for what do we want to do with the property should we receive the working waterfront grant. He said it is not necessarily a grant, but it makes up to $25,000 a year (for two years) available to hire a program director. Mr. Wolff suggested the position should be more like a board of director position so it continues after the funded two years. It was the consensus of Council to apply for the grant, and the City Manager said he would write up the application and get it started. Mayor Gillmor added that we should publicly solicit people to serve on the committee. Ms. Simchick suggested the committee members should be specific as to what the grant allows for the property such as expanding the educational or historical value or eco-tourism The City Attorney said if we establish a committee, we would need to comply with sunshine laws. Mr. Hill said he would like Council to appoint a member as well as the at-large members. Mr. Wolff read the broad role of the program manager. 155-159 D. Vice Mayor Hill Mr. Hill reported on his trip to Tallahassee to lobby for the working waterfront grant application noting the item was deferred from the agenda but he did speak to the Secretary Pelham who mentioned the issue of the grant does not lie with the City of Sebastian, and the grant funding is already in place. Ms. Simchick thanked Mr. Hill and Ms. Grohall for going to Tallahassee for the grant application. E. Council Member Coy Ms. Coy reminded the public about Saturday, March 14th, Saturday to come out and clean the riverfront with the SPOA and Keep Indian River Beautiful. 17. Being no further business, the Mayor adjourned the regular meeting at 9:13 pm. Ap roved at the March 25, 2009 Regular City Council Meeting. ~- ,~ AT T: l~ ., ~~ , / I Richard H. Gillmor, Mayor Sally A. Maio, MMC -City Clerk