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HomeMy WebLinkAbout03252009HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 25, 2009 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the Regular Meeting to order at 7:36 p.m. 2. There was a moment of silence. 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 Finance Director, Ken Killgore Growth Management Director, Rebecca Grohall Police Captain, Bob Lockhart Police Captain, Greg Witt MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. Regular City Council Meeting March 25, 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. 09.054 A. Proclamation - Boys & Girls Club 1 Mayor Gillmor read and presented the proclamation for Boys and Girls Club Week to Jay Bumgarner who invited the public to come visit. 09.055 B. Presentation of Fiscal Year 2007-2008 Financial Statement by Harris, Cotherman, Jones, Price and Associates (Report Under Separate Cover) Ken Killgore, Finance Director, representing Harris, Cotherman, Jones, Price, and Associates, presented the Fiscal Year 2008-2009 Financial Statement. He stated there were no comments from the auditors. He said we are in the third year of a three year auditor contract and he will be coming back with information for rebid. Mr. Hill noted the City receives awards every year. Mayor Gillmor noted the City balances its books each month. Brief Announcements None. 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. 3-12 A. Approval of Minutes - 3/11/09 Regular Meeting 13-20 B. Approval of Minutes - 3/18/09 Workshop 09.056 C. Approve Fiscal Year 2009/2010 Budget Calendar (Finance Director Transmittal, 21-23 Calendar) 09.057 D. Acceptance of Official Filing of CRA Annual Report Required by FS 163.356 (3) (c) 25-42 (Finance Director Transmittal, Report) 09.018 E. Appoint David L. Hancock as City Special Magistrate for Code Enforcement as Per 43-51 Terms of Agreement (City Attorney Transmittal, Contract, Resume) 2 Regular City Council Meeting March 25, 2009 Page Three 09.058 F. Resolution No. R-09-14 -Approving Flagpole Maintenance Agreement between IRC and the City (Airport Director Transmittal, Agreement, Exhibits Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE CONSTRUCTION AND MAINTENANCE OF A MAST ARM FLAGPOLE; PROVIDING FOR THE ADOPTION OF A MAINTENANCE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND INDIAN RIVER COUNTY; DIRECTING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AND IMPLEMENT THE MAINTENANCE PROGRAM AS REFERENCED; PROVIDING FOR THE REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 09.059/08.010 G. Appropriate $90,000 from Stormwater Reserves for Additional Remedial Measures 65-67 Related to Collier Creek Project -Piping and Fill for a Portion of Wentworth Ditch and Additional Vertical Bulkhead Along Collier Canal (City Engineer Transmittal) 09.060 H. Authorize Mayor to Sign Accord Establishing the Indian River County Consortium for 69-70 Life Science Research and Technology Advancement (Accord) MOTION by Ms. Coy and SECOND by Mr. Hill to approve the consent agenda. Roll call on the motion was as follows: AYES: All NAYS: None Passed 5-0 8. 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. Ms. Coy reported on her attendance at the Beach and Shore Committee meeting noting the state funding to restore sector three, starting at Wabasso going south, has disappeared and suggested Council follow new technologies to save the beaches. 9. PUBLIC HEARINGS 08.052 A. Second Reading, Public Hearing and Final Adoption of Ordinance No. 0-08-01 - 71-99 Voluntary Annexation of Shady Rest Mobile Home Park, 13225 US Highway 1 - 17.15Acres (Growth Management Transmittal, 0-08-01, Minutes Excerpt, Atty Dill Letter)(Under Separate Cover: Three Ring Binder; Stapled 6-11-08 Backup) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 17.15 ACRES, MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (PJ AD 3/10/09 & 3/17/09) Regular City Council Meeting March 25, 2009 Page Four 08.052 B. Second Reading, Public Hearing and Final Adoption of Ordinance No. 0-08-02 - 101-139 Land Use -Shadv Rest Mobile Home Park. 13225 US Highwav 1 - 17.15 Acres - Riverfront Mixed Use (RMU) (Growth Management Transmittal, 0-08-02, DCA OCR's, IRC Utilities Letter, IRC Links Report)(Under Separate Cover: Three Rinq Binder; Stapled 6-11-08 Backup) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF RIVERFRONT MIXED USE (RMU) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS MOBILE HOME RENTAL PARK, 8 UNITS PER ACRE (MHRP/M-1) FOR LAND CONSISTING OF 17.15 ACRES ,MORE OR LESS, LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (PJ AD 3/10/09 & 3/17/09) 08.052 C. Second Reading, Public Hearing and Final Adoption of Ordinance No. 0-08-03 - 141-147 Rezoning (Quasi-Judicial) -Shadv Rest Mobile Home Park, 13225 US Highwav 1 - 17.15 Acres -Commercial Riverfront Zoning (Growth Management Transmittal, 0-08-03)(Under Separate Cover: Three Rinq Binder; Stapled 6-11-08 Backup) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION AS RESIDENTIAL MOBILE HOME, 8 UNITS PER ACRE (RMH- 8) FOR LAND CONSISTING OF 17.15 ACRES, MORE OR LESS LOCATED AT 13225 U.S. 1, KNOWN AS SHADY REST MOBILE HOME PARK; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. (PJ AD 3/10/09 & 3/17/09) The City Attorney read titles of Ordinance Nos. 0-08-01 annexation/agreement, 0-08-02 comprehensive plan amendment, and 0-08-03 rezoning. He advised that the public hearing will cover all three ordinances on the same parcel of land, and since the hearing on the rezoning is aquasi-judicial matter he recommended swearing in all who will offer testimony at this time, and upon closing of the public hearing on all three ordinances, each ordinance should be voted on separately. He said if the annexation is approved, he will ask for a separate vote on the agreement. The City Clerk inquired if this was the time to disclose ex-pane communications in accordance with established quasi-judicial procedures. The City Attorney stated that it would be appropriate to administer the oath at this time, however, because the first two ordinances, annexation and comprehensive plan amendment, are legislative, ex-parte communications can be disclosed prior to action on the rezoning Ordinance 0-08-03 which is quasi-judicial. City Clerk administered the oath at this time. The Growth Management Director deferred staff presentation to the applicant. Warren Dill, Attorney,1565 US 1, Sebastian, representing owners/applicants Ed Howland and Carol Wagner addressed City Council on the request for annexation, providing a brief background on the process from its beginnings up to now, said this is a good project for the City, cited the current tax revenue of approximately $8,000 and if developed at 200,000 sq. ft. in the future it could be $75,000-$100,000 a year, and recommended approval. 4 Regular City Council Meeting March 25, 2009 Page Five Mr. Dill described the process taken by Indian River County, cited the five year period in the annexation agreement began June 11, 2008. He said the owner's objective is to keep the park open, but they need the income from RV's to keep it going, that the remaining years will provide time for the residents to relocate, that a vast majority have signed petition at a rate of 88% approval, and the key to keeping the residents in their homes is to approve the agreement and allow RV's. Public In Favor Carol Binka, secretary to the homeowner's association, thanked everyone who has helped the residents through this, and read her Gemini horoscope which said promises will be broken. Claire Ranahan, President of the Shady Rest Homeowners Association, said the residents hoped this would go through, that this is what is going to work for them for the next four years and asked for the approval to come back to the podium if need be. She noted there was a paragraph in the last agreement that has been taken out relative to "receivership", and questioned its removal. Ms. Coy said it was in paragraph 8 and she had questions about it for Mr. Dill. Ms. Ranahan said she had called apartments and other parks sites available about relocating and apartments were about $650 per month. She said the City needs affordable housing, and suggested developing the park further into affordable housing. Mayor Gillmor asked if there would be enough interest in taking some of that property and having an elderly housing development such as Grace's Landing, and Ms. Ranahan said yes. Ms. Simchick asked if the association attorney was present. Ms. Ranahan said the board members had met with the attorney last night and the members did not have any questions so they decided the attorney did not need to be present. Mr. Wolff said giving the residents a false hope of a future assisted living facility broke his heart, and pointed out it is to be zoned commercial riverfront. Ms. Simchick said Mary Jane Adams told her she has had a heart attack and there will not be comparable housing, and Council had asked the homeowners to have their legal counsel present so they can ensure the homeowners have been legally, properly advised. Ms. Ranahan pointed out it would be very difficult to get 100 people to agree on anything and most of the homeowners have ailments. Ms. Coy said she was aware the homeowners have been legally advised and she would give credit to the majority of the homeowners. Regular City Council Meeting March 25, 2009 Page Six Mayor Gillmor clarified that he mentioned elderly housing because there is a demand for this and a businessman could profit should someone decide to look into this. Mr. Hill asked that meeting procedures be followed and the audience should hold their applause. Public Oooosed Wayne Bloom, said the residents are losing their homes and are being offered nothing for them, that Mr. Howland is in a position to make millions. He said a lot of people in the park have gone back and forth in their thinking on this issue, and said he did not feel they have been adequately represented by their attorney. He said he would like this tabled for more review. Ms. Simchick asked if their attorney attends their meetings, and Mr. Bloom said he has never seen her. She said restitution was discussed and in her mind, she has felt they were represented and now she is hearing the attorney was not in attendance. Mr. Wolff said he was not concerned about the owner's intentions, noting some of the homeowners' biggest investment is their home and they might lose it. Ms. Simchick said the two things she needed by the time of this hearing were the Dept. of Community Affairs (DCA) approval and to have the attorney present. She said she would have to defer her decision. Ms. Coy asked the City Attorney if Council could bind someone to bring their attorney and he said "no". Ms. Simchick said she knew they could not legally bind them, but she could support this if those two conditions were met. In response to Ms. Simchick, the City Manager pointed out page 96 in the audit depicting Wal-Mart's assessed value of $14 M and said Mr. Dill was in the ballpark with what the tax base would be if it was developed commercially. Damien Gilliams, Sebastian, said he received a letter from the Growth Management Dept. as an adjacent property owner, said there is a lot of money at stake, we are about to change the lives of senior citizens who don't have an attorney because they can't afford it, they have their life savings in their homes, said there is no reason there is not abuy-out in this agreement, and the City has a moral obligation to do the right thing. He said he was slandered by a member of Council because he defended these people, maybe there can be a stipulation in the agreement that the zoning stays multi-family. Ms. Simchick said maybe that would be a good idea. Mayor Gillmor pointed out the zoning does support multi-family already. Mr. Gilliams said again the people need representation, the property owner will make money, the City will make money, and the homeowners will get "oogats." Mayor Gillmor said this was unacceptable language and gave him a warning 6 Regular City Council Meeting March 25, 2009 Page Seven Mayor Gillmor called recess at 8:50 p.m. and reconvened the meeting at 9:03 p.m. All members were present. MOTION by Ms. Simchick and SECOND by Mr. Wolff to defer this issue until DCA approves the application. The City Attorney advised the motion should state to a time certain or no time certain, and should not be pinned to DCA. Ms. Simchick asked if contingent upon DCA approval it was not appropriate. The City Attorney further explained that there won't be another DCA report, we are not in negotiations with DCA, and the motion can't be based on that. MOTION by Ms. Simchick and SECOND by Mr. Wolff to defer for ninety days. Mr. Wolff asked what she hoped to achieve within the timeframe. Ms. Simchick said DCA has problems with water, if there is a hurricane the City might be responsible for debris removal, and she would like proof the homeowners were well informed. Ms. Coy said DCA is not going to come back to us, there won't be another interaction with them, and said during the recess she had phoned the homeowners' attorney, Mari Parsons, and Ms. Parsons confirmed there were four or five board members in her office yesterday. She said she had Ms. Parsons' permission to state this on the record. She said the attorney was not here tonight because it is a money issue. She said she is not prepared to support Ms. Simchick's motion. Mr. Hill added that he is not prepared to support this motion, that there are many people of sound mind who can make decisions, and is not in favor of dragging the homeowners through any more frustration. Ms. Simchick asked the City Attorney if the City's obligation, under F.S. 823, requiring comparable housing, has been met and the City Attorney said he could not answer that and honestly did not know. He said he had not been involved in any discussions relating to this. Ms. Simchick began to amend her motion, Mayor Gillmor reminded her there was already a motion on the floor and she asked the City Attorney if she could amend her motion. The City Attorney said there is no discussion on a motion to defer but she could change or delete the time frame, or provide a different condition that would trigger it coming back. Ms. Simchick AMENDED her MOTION and to defer to give the City Attorney time to review to determine if the requirement for substitute housing has been met and Mr. Wolff SECONDED the amendment. ROLL CALL on the amendment was as follows AYES: Simchick, Wolff NAYS: Coy, Gillmor, Hill Failed 2-3 ROLL CALL on the motion was as follows: AYES: Simchick, Wolff NAYS: Coy, Gillmor, Hill Failed 2-3 7 Regular City Council Meeting March 25, 2009 Page Eight Mayor Gillmor called for a motion, and the City Attorney inquired whether the public hearing had officially been closed. Mayor Gillmor confirmed that individuals for and against had been called upon. MOTION by Mr. Hill and SECOND by Mayor Gillmor to approve Ordinance 0-08-01 approve the agreement between the City of Sebastian and the applicant and to execute that agreement. Ms. Coy asked why the paragraph 8 on receivership was taken out of the agreement since the last meeting and Mr. Dill said receivership was an issue recommended by the previous City Attorney and explained that in a bankruptcy there is no money but there are assets, and receivership appoints a manager to oversee the assets, and should Mr. Howland file there would not be money to pay a receiver. He said it is not reasonable for government to interfere is someone is filing bankruptcy. Mr. Dill further added that he had been called twice in the past two years from people who want to buy the property but Mr. Howland will not allow Mr. Dill to give out his number because he doesn't want to sell. Mr. Dill noted one phone caller was interested in developing an assisted living facility on the property. ROLL CALL on the motion was as follows: AYES: Gillmor, Hill, Coy, Simchick NAYS: Wolff Carried 4-1 MOTION by Mr. Hill and SECOND by Ms. Coy to approve Ordinance No. 0-08-02 and authorize transmittal of the ordinance and supporting data to DCA for compliance. ROLL CALL on the motion was as follows: AYES: Gillmor, Hill, Coy NAYS: Simchick, Wolff Carried 3-2 Mr. Hill began to make a motion to approve Ordinance No. 0-08-03 and the City Attorney advised this was the time to disclose for the record ex-parte discussion relating to rezoning of the property. City Council members disclosed they each received a letter from resident Mary Jane Adams. Ms. Coy said she had provided a copy of this letter to the City Clerk (attached). The City Attorney asked if receipts of the letter affected their ability to vote on the zoning on the subject property. All but Ms. Simchick said "no". Ms. Simchick said "yes". He asked whether she felt she could not vote on this based on conversation that she had and she said that was affirmative, because someone will become homeless and indigent, and the City didn't meet the requirement to find comparable housing and since we did not postpone. The City Attorney said if she felt prejudiced against the applicant as a result of the letter, it would be inappropriate of her to cast a vote. He asked the other members if they could consider what was presented on the record tonight and in materials presented by staff and make a decision fairly and they said yes. He asked Ms. Simchick if she could fairly and impartially evaluate the evidence produced on the record before City Council tonight. Ms. Simchick restated she can fairly evaluate it but would not be in favor. 8 Regular City Council Meeting March 25, 2009 Page Nine The City Attorney said the key is if the letter prejudiced her so much that she cannot fairly participate and she said no, that she could participate. The City Attorney asked members of the audience if they would anyone like to question any member of Council. Claire Ranahan, Shady Rest, asked Ms. Simchick if she knew there was a "for sale" sign in Mary Jane Adams home and would that make a difference in her opinion. Ms. Simchick said no, because she was sure there was a plausible outcome regarding that sale. Damien Gilliams, to Council Member Andrea Coy, asked if she had slandered Damien Gilliams in any way during the homeowner meetings at Shady Rest. The City Attorney said this question was not appropriate at this time. MOTION by Mr. Hill and SECOND by Ms. Coy to approve Ordinance No. 0-08-03. Mr. Wolff asked if we could change the zoning to multi-family to assist in providing an assisted living facility. Mr. Hill said his motion remains the same. Mr. Gillmor said the zoning change already allows for multi-family, eight units per acre. Mr. Wolff asked the Mayor if he would you be in favor of something like that. Mayor Gillmor said, personally, this would be too restrictive for the property owner. Ms. Simchick said this is the most serious matter that has come before heron Council, that people would be in the hands of the State, that if conditions had been met, she could have moved forward on this, cited that FS 823 mandates Council to provide housing, DCA has not approved this as yet, and the residents have not brought an attorney. She said if her peers had respected her wishes to wait she could have approved it. Mayor Gillmor said without the protection of the City the residents would have only six months notice, eventually the County would rezone, and the best scenario is that the City can protect them in the agreement. He asked when the ten years for the City set out in the agreement started ticking, and the City Manager said it was same time frame as the five years which began June 2008. Ms. Simchick added unless a future Council changes this. Mayor Gillmor said he didn't see anyone going back on this. Ms. Simchick again said she was disappointed that her peers did not allow more time so she could be comfortable approving this. Mr. Wolff said he didn't buy into the argument that the owner could dismantle in six months and apply for rezoning with the current County Commission. He said an attorney on each side could have negotiated some time of safety net, some type of buy-out for the people, noted the owner had an attorney to represent him. He agreed it was the most difficult decision and he did not have a problem with 90 days and another meeting. The City Manager directed Council to page 79 in packet, on page three of the agreement, the five years tied to the June 11, 2008 date and the 10 years is from the effective date of the annexation. 9 Regular City Council Meeting March 25, 2009 Page Ten ROLL CALL on the motion was as follows: AYES: Gillmor, Hill, Coy NAYS: Simchick, Wolff Carried 3-2 Ms. Coy said she remains committed to assisting the residents to make this work and maybe we can be a role model for the State. Mr. Dill thanked Council, stating it has been a long, emotional journey but is in the best interest of the residents. 10. UNFINISHED BUSINESS 09.053 A. Direct Staff Regarding Establishment of Waterfronts Florida Partnership Committee - 149-192 Utilize Natural Resources Board with Modification to Ordinance or Establish New Permanent Board by Ordinance or Temporary Committee by Resolution (Growth Management Transmittal, Program Information, Application, Code Provisions, Natural Resources Code) Mayor Gillmor said the genesis for this lies in the waterfront project, it is important to have something in place that would give direction and vision to the project. He said he felt there should be a committee in place whether or not we get to become a waterfront partnership city or not, should we get the waterfront grant. Ms. Coy said one grant requirement is that we fund a program manager for at least three years. Mr. Wolff asked if she was referring to the Stan Mayfield grant. Ms. Coy said it was on circle page 153, the waterfronts program partnership. Mr. Wolff said that is completely different, were we going to participate in that partnership program we would have to fund someone for three years. He expressed concern about funding an employee for three years just to receive $25,000 for two years when we are asking staff not to take pay increases, and said to commit to a three year position should take careful thought. The City Manager said he asked the Growth Management Director to prepare the transmittal and asked her to give a summary with the pros and cons of the program. Mayor Gillmor directed everyone to pages nine and ten of the CRA packet which cites F.S.163.356 (c) which states a community redevelopment agency can pay for personnel, administrative expenses, legal staff and policing innovations with CRA funds. Ms. Simchick said we are looking tonight to direct the City Manager or City Clerk to advertise for committee members, with each Council Member appointing a committee member with two members appointed at large. She said her appointee would have an historic specialty, and agree to an outline of the membership so we don't repeat. Ms. Coy suggested there be seven at-large members and no political appointees: a City representative, aChamber representative, two commercial fishermen, a CRA business representative, aresident at-large, and a historian or another resident. Ms. Simchick suggested the resident at-large have marine biologist or eco-tourism slant. 10 Regular City Council Meeting March 25, 2009 Page Eleven Mr. Hill recommended the CRA rep be someone with a business on the river MOTION by Ms. Coy with a SECOND by Mr. Hill to direct staff to come back with an appropriate resolution or ordinance. The City Attorney advised direction to staff does not need to be a motion. The Clerk asked if this would be a permanent board. The City Attorney said that could be left open for now and let staff prepare an appropriate document. Mayor Gillmor said the committee should be in place whether or not we get the grant because we still need a committee. Mr. Wolff reiterated the plan is to get the committee in place, apply for the waterfront grant, and hire a program manager with CRA money. Mayor Gillmor said the manager could be part-time. Mr. Wolff said they frown on part-time. The City Manager asked the Growth Management Director to speak on what the committee can do and some pros and cons. The Growth Management Director said the application is structured so that the committee needs to be in place, and there are forms to show how you will fund the position, and you have to commit to a program manager for at least three years with some travel and training requirements. She said that she did ask the State if some communities have part-time managers but she has not heard back leading her to think the intent is to have afull-time manager. She explained the goal is, if selected, we would emerge with a "community designed vision plan:" - Environmental and cultural resource protection - Enhancing waterfront economy - Preventing losses from disaster - Public access to coastal working waterfront and resources The Growth Management Director said we are already accomplishing many of the plan's goals though different programs and it could prove to be lots of administrative work with very little funding in the end. Ms. Simchick suggested establishing the committee on April 8, then advertise, and appoint committee members on April 22 and still make the May 19th deadline. The Growth Management Director said there also have to be two public meetings which could be achieved by advertising the first as part of the Natural Resources Board meeting and the second in conjunction with the Earth Day celebration in Riverview Park. MOTION by Mr. Wolff and SECOND by Ms. Simchick to extend the meeting passed with a voice vote of 5-0. Mr. Wolff said everything sounds good, it is a complicated grant, and he asked the Growth Management Director for a cheat sheet available for the public meetings to clarify the pros and cons of the program, which would be helpful particularly when asking for public input. 11 Regular City Council Meeting March 25, 2009 Page Twelve 11. PUBLIC INPUT Cindy Falco, Sebastian, said she has been trying to work within the community on a weekend noise factor coming from Earl's Bar until 12:30-1:00 a.m. in the morning. She asked for some kind of barrier or assistance. Mayor Gillmor said the City may already have an ordinance on the books for this. The City Manager advised her to call the Police Department. Mr. Wolff said he noticed in a recent ad that Earl's has a new stage and asked if this was permitted. The Growth Management Director said she would have to look at the site plan and it could possibly be a site improvement. Ms. Simchick advised anyone with noise complaints should call the Police Department's non-emergency line at 588-5233. Damien Gilliams, Sebastian, thanked the Mayor for showing up at his property to look at the derelict boats; apologized to the City Manager for not informing him of the road closing in front of his business because it was on Comcast channel 25; he also thanked the City Manager for the guard rail on Potomac; and noted the minutes from the last workshop has him listed as Mayor Gilliams. 12. NEW BUSINESS 09.061 A. First Reading of Ordinance No. 0-09-03 -New FPL Franchise Agreement -Set 193-207 Public Hearing for April 22, 2009 (Airport Director Transmittal, Fee Payment Calculation) AN ORDINANCE GRANTING TO FLORIDA POWER AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF SEBASTIAN, AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-09-03 by title. The City Manager gave a brief presentation noting the current franchise is set to expire in 2012, and described three changes and said FPL was present for questions. The City Attorney introduced Ken Rubin, Attorney and Amy Brunjes External Affairs Manager. Mr. Wolff said he asked the City Manager why they were coming in early and the City Manager said he did not think there was any downside to it and recommended moving forward. Mayor Gillmor asked the City Attorney if we get involved with green power and can generate some of our own power what effect would this have. The City Attorney said he wrote the green initiatives paragraph to say the City can benefit in a variety of ways, and the ordinance won't interfere in any way with our ability to generate our own power for our buildings, to purchase power generated by other methods. He said one thing you won't be able to do is become an FPL (utility) and pass power over their lines. MOTION by Mr. Wolff and SECOND by Ms. Simchick to set the public hearing for April 22 for Ordinance 0-09-03. 12 Regular City Council Meeting March 25, 2009 Page Thirteen Roll call on the motion was as follows: AYES: All NAYS: None Passed 5-0 13. CITY ATTORNEY MATTERS The City Attorney thanked Council for appointing the new Special Magistrate, and said he will be meeting with Code Enforcement staff to prepare for the first group of upcoming cases. He also said he plans to add the cost of staff investigation to final orders. 14. CITY MANAGER MATTERS The City Manager reported that staff is looking into the mangrove trimming along Indian River Drive. He also reported the City received a $7,000 rebate check from the Florida League of Cities Insurance for "Success in Safety" measures instigated by employees and crews. Ms. Simchick asked him to follow up with Mr. Weatherford on the mangroves. 15. CITY CLERK MATTERS None. 16. CITY COUNCIL MATTERS A. Council Member Wolff Mr. Wolff asked if the RFP for the farmers market could be on the next agenda and the City Manager said yes. B. Mayor Gillmor None C. Vice Mayor Hill Mr. Hill reported that he substituted for the Mayor and enjoyed serving Meals on Wheels for a day last week. D. Council Member Coy None E. Council Member Simchick Ms. Simchick asked that the Boys and Girls Club Youth of the Year be called back for future meeting. She said the Senior Resources Alliance plans to come to a future meeting regarding two additional bus lines for the Go-Line. 13 Regular City Council Meeting March 25, 2009 Page Fourteen She thanked James Spinelli for the map of historic downtown Melbourne which is what she would like to see in tourist booths and suggested that maybe MIS Systems Analyst, Barbara Brooke-Reese could design something similar since she worked on the Airport's flight path brochure. 17. 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