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HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, APRIL 8, 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. Invocation was given by Pastor Cooley, Calvary Baptist Church.
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
Police Captain, Bob Lockhart
MIS Senior Systems Analyst, Barbara Brooke-Reese
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
Ms. Simchick requested that New Business item #12C. COPS grant be moved to #12A.
and let the others follow in sequence, because it is time sensitive. There was no objection
from Council.
Regular City Council Meeting
April 8, 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.
09.062 A. *Presentation of Checks by Clambake Foundation:
^ City of Sebastian Flagpole Project
^ H.A. L.O. (Helping Animals Live and Overcome)
^ Sebastian Soccer Association
Chairperson Anjani Grillo, and Board members Nancy Veidt, Dot Judah, and Pat Riviezzio
of the Sebastian Clambake Foundation presented donation checks to the recipients as set
out above. Each recipient thanked the Foundation and talked about the work they do.
Ms. Grillo encouraged people to submit slogans for the 2009 Clambake.
00.03 B. Certificates to Cynthia Schuster and Todd Klitenic for Natural Resources Board
Service
Mayor Gillmor presented a certificate to Mr. Klitenic. Ms. Schuster was not present.
09.063 C. Chris Pinson, Rotary Club -Relay for Life Information
Chairman Chris Pinson and members of the North County Relay for Life Committee, gave a
brief update on the American Cancer Society Relay for Life event scheduled for April 24-25,
2009 at Sebastian River High School. Mr. Pinson invited the City Council to be judges on
Friday night, said the event starts at 6 p.m. and judging takes place at 8 p.m. He said he
would get back to them on Monday.
09.064 D. Karen Diegl, Senior Resources - Go-Line
Karen Diegl, CEO, Senior Resources Alliance, gave a power point on the current status of
the Go-Line and a proposal for upgrades and expansion (see attached). She said they
have applied fora $209,000 grant which requires a match, and requested the City to
contribute funding of $50,000 each year for two years.
Following discussion, it was the consensus of Council to place an item on the next agenda
for action.
09.065 E. Announcement by Mayor -City of Sebastian Recipient of the Distinguished
~ Budget Presentation Award for the Current Fiscal Year by Government Finance
Officers Association (GFOA)
The City Manager noted the award from GFOA and complimented the Finance Director
and the Department.
F. *Proclamation -National Telecommunicators Week -April 12 - 19, 2009
Mayor Gillmor read and presented the proclamation to Dottie Reed, Sebastian Police
Department dispatcher.
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Regular City Council Meeting
April 8, 2009
Page Three
Brief Announcements
Ms. Simchick recognized the Passover holiday.
Mayor Gillmor announced that the public hearing on Comprehensive Plan Text
Amendment Ordinance 0-08-10 originally scheduled for tonight had been rescheduled to
April 22, 2009.
Ms. Coy announced the Earth Day celebration at Riverview Park on Saturday, April 18,
2009.
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.
3-1s A. Approval of Minutes - 3/25/09 Regular Meeting
09.066 B. Resolution No. R-09-15 -Abandonment of Easement - 751 Cody Avenue
17-33 (GMD Transmittal, R-09-15, Site Map, Staff Report, Application, Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
VACATING CERTAIN EASEMENTS OVER LOTS 14 AND 15, BLOCK, 56, REPEAT OF
PORTIONS OF SEBASTIAN HIGHLANDS UNIT 2, PAGE 3; PROVIDING FOR CONFLICTS
HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE.
09.067 C. Resolution No. R-09-18 -Supporting Amtrak (City Clerk Transmittal, R-09-18,
35-41 Memo)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
REQUESTING THE ASSISTANCE OF GOVERNOR CHARLIE CRIST AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION SECRETARY KOPELOUSOS TO PRIORITZE THE
INTERCITY RAIL COMPONENT OF THE FEC CORRIDER PROJECT (FROM
JACKSONVILLE TO MIAMI) AS PART OF THE FEDERAL ECONOMIC STIMULUS PACKAGE
FOR THE STATE OF FLORIDA
09.068 D. Resolution No. R-09-19 -Airport Joint Participation Agreement (Airport
43-77 Transmittal, R-09-19, Letter, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORATION JOINT
PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING TO DESIGN,
RUNWAY REHAB, LIGHTING AND MARKING; PROVIDING FOR CONFLICT; PROVIDING
FOR EFFECTIVE DATE. THE DOCUMENT CONTAINS TWO PAGES.
MOTION by Ms. Coy and SECOND by Ms. Simchick to approve the Consent Agenda.
Roll call on the motion was as follows:
Ayes: All
Nays: None
Passed 5-0
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Regular City Council Meeting
April 8, 2009
Page Four
8. COMMITTEE REPORTS & APPOINTMENTS -None
9. PUBLIC HEARINGS -None
10. UNFINISHED BUSINESS
09.053
79-83
A. Resolution No. R-09-17 -Establishing Waterfront Committee (GMD Transmittal,
R-09-17)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, FORMULATING TEMPORARY
WATERFRONT COMMITTEE PROVIDING FOR CONFLICT; PROVIDING FOR A TERM AND AN
EFFECTIVE DATE.
The Growth Management Director briefly presented staff's request, described the
program and recommended adoption of Resolution R-09-17 to establish the
committee which can assist with the City's vision for the Stan Mayfield Grant working
waterfront but not to move forward on the designation of the working waterfront
program at this time due to stringent requirements which would have negative
budget consequences for the City.
Ms. Simchick suggested that perhaps the City could look at pursuing the designation
during the 2011 cycle.
Mr. Hill said it would be beneficial to receive the designation to attain future grants.
MOTION by Ms. Coy and SECOND by Ms. Simchick to approve Resolution No. R-
09-17estabtishing waterfront committee.
Roll call on the motion was as follows:
Ayes: All
Nays: None
Passed 5-0
11. PUBLIC INPUT
Jim Sunnycalb announced the dedication of the Pete Harris plaque to be at Earth Day at
Riverview Park on April 18, 2009 at 1 p.m and asked Council for any ideas they might have
for the dedication be e-mailed to him at sunnyswildlife.com.
Mr. Sunnycalb said he had spoken to world famous zoologist, Jack Hanna in Stuart and he
had expressed interest in making a movie in Sebastian, and said he would leave it to
Council to entice him to do so.
09.070
95-141
12. NEW BUSINESS
C. COPS Hiring Recovery Program Grant (PD Transmittal, Worksheet, Application)
The City Manager requested authority to execute the grant which will assist in funding two
police officer positions.
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Regular City Council Meeting
April 8, 2009
Page Five
MOTION by Mr. Hill and SECOND by Ms. Coy to authorize the CHRP application submittal for
two new full-time sworn officers, in the amount of $414,760 to the Office of Community
Oriented Policing Services.
Roll call on the motion was as follows:
Ayes: All
Nays: None
Passed 5-0
09.019 A. Farmer's Market RFP (City Manager Transmittal, RFP, Agreement)
85-90
Mr. Wolff suggested because there are people in Sebastian in the fresh produce business,
there should be some language in the documents for local brokers, and that he did not
want to compete with local supermarket produce sections which are a very important
component of the success of the supermarket business.
Ms. Simchick agreed and suggested language.
The City Attorney said Council was going about this the right way and it is acceptable
legally to add such language, but asked if they preferred the language to read as a
prohibition or an emphasis; that if there is an emphasis in the RFP, when responses are
considered, the person will rise in the competition if they meet that requirement.
In response to Mr. Hill, Mr. Wolff said there is a Florida Fruit and Vegetables Growers
Association they could belong to, noted that the Grant farmers market does not allow
mass produced items and he agreed with this, and that there are organic certification
boards in Florida. He asked the other members their view on mass produced items.
The others tended to agree with some exclusionary language and keeping it to
consumables; and discussion continued as to whether the amended language should
appear in the RFP or contract.
In response to Ms. Coy as to whether Council can prohibit certain things in the RFP, and
noting the suggested language by Ms. Simchick, the City Attorney stated if they did not
want to go beyond consumables, he would suggest the RFP and contract be amended
though he could not provide the specific language to them at this time. He said if they
would approve as amended, he would work with the City Manager to develop the
language. He noted a spelling error in the RFP, and then briefly described the products
available at the Vero Beach farmers market.
Mr. Wolff cautioned that the City not compete with local growers, and other businesses
which market consumables and plants which have overhead costs.
The City Attorney asked Council to think about the number of events and location and
discussion followed on the merits of once per week or once per month. Mr. Wolff suggested
the Jackson Street parking area. Ms. Simchick asked if we could give preference to locally
grown products and the City Attorney asked where the line would be drawn in terms of
"locally" since we are closer to Micco than Vero and without a rational answer there could be
constitutionality issues. Mayor Gillmor said once per week would be competitive but once
per month would not.
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Regular City Council Meeting
April 8, 2009
Page Six
Mayor Gillmor called for public input at this time.
Williams Shields suggested limiting the market to locally owned consumables.
Jim Sunnycalb suggested a community garden, or a committee or having Sal Neglia to train
people how to grow produce.
Mark Dedrick said we need to be cognizant of the source of the produce and if it is good and
local, the market will be a success.
Mr. Wolff said if the market were only once per month it would not have momentum and Mr.
Hill agreed it needs to be more often and his concept had been every Saturday.
Mayor Gillmor said he sees a Council consensus to give it a try.
The City Manager said he can work with the City Attorney to amend the language as
discussed tonight, put out the RFP and then bring a contract back to Council for approval.
He suggested leaving the frequency and location out at this time and let his office and the
vendor negotiate those issues.
09.069 B. First Reading Ordinance No. 0-09-04 -Dog Park - S
91-94 Mav 13th. 2009 (City Attornev Transmittal. 0-09-041
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AMENDING ARTICLE I, CHAPTER 74, SECTION 74-4(a)(8) OF THE CODE OF
ORDINANCES, RELATING TO DOG PARKS, PROVIDING FOR EXCEPTION TO GENERAL
PROHIBITIONS, REGARDING DOGS IN CITY PARKS, REPEALING CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-09-04 by title and briefly explained this is a
housekeeping issue.
MOTION by Ms. Simchick and SECOND by Ms. Coy to approve Ordinance No. 0-09-04
(on first reading and set public hearing for May 13, 2009.)
Roll call on the motion was as follows:
Ayes: All
Nays: None
Passed 5-0
13. CITY ATTORNEY MATTERS -None
14. CITY MANAGER MATTERS
09.021 A. Billboard Update
The City Manager reported the Billboard committee is recommending that the City use a
design firm at a cost of $3,000 to make sure we have the best product and the delay would
be approximately 60 days.
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Regular City Council Meeting
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Page Seven
Ms. Simchick asked the City Attorney if there was any problem with the firm selection
process being done by the City Manager, and the City Attorney responded that the Code
authorizes him to contract up to a certain dollar amount and this is much below that
amount.
The City Manager said we could use the competitive bidding process but that would mean
a further delay of up to another 60 days. He said the chosen firm is Paris Productions and
there is atwo-tiered program, one being photograph, artist and general fees for $2500 to
$3000 and two being turn-key of actually putting up the billboard for an additional $1000.
Ms. Simchick asked if we come up with a slogan how can we keep it and the City Attorney
said with a trademark or copyright.
Mr. Wolff asked what Mr. Collins' role is in this based on an a-mail he received from him
today and the City Manager said he was not on the committee and was working in an
ancillary role and that Mr. Collins disagrees with using the firm.
Discussion took place on locations available, and the City Manager said he was aware of
several sites available, but noted interest in one near SR528 near exit 200, and one near
Indrio Road near exit 138.
Ms. Simchick said she was still working on the historic signs for I-95 at our exit signs.
It was the consensus of Council to follow staff recommendation on the firm and get this
going.
15. CITY CLERK MATTERS -None
16. CITY COUNCIL MATTERS
A. Manor Gillmor -None
B. Vice Manor Hill
Mr. Hill said though it was nice to finish the meeting early, this would have been a
good time to review issues regarding the Economic Development Plan that need to
be finalized. He asked that in the future, when an agenda has room this be added.
He also asked for an update on the Facade, Signage and Landscape program. The
City Manager said the rules were being rewritten and would come back to a
Community Redevelopment Agency (CRA) meeting, and advised that the lack of
participation in the program needs to be discussed.
Mr. Hill thanked the City Manager for his providing copies of his a-mail
correspondence with Trish Adams, U. S. Fish and Wildlife Service on the Habitat
Conservation Plan airport issues.
C. Council Member Coy
Ms. Coy again, announced the Earth Day celebration at Riverview Park on April 18tH
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Regular City Council Meeting
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D. Council Member Simchick
Ms. Simchick agreed with Mr. Hill on the need for a CRA meeting, with a focus on the
need to look at the master plan, she asked that beautification of U.S. 1 and
improvements to crosswalks be considered.
Ms. Simchick discussed a letter received from a property owner who had a legally
permitted dock on Collier Canal and asked what the City was planning to do in
regard to replacement and would like to see this addressed at another meeting. The
City Manager said the decision on replacing docks has been put off for now, he has
been candid with property owners on the subject, and suggested he make time to
discuss the legal issues with the City Attorney and then come back with a
recommendation to Council sometime in July or August for their action.
E. Council Member Wolff
The City Manager clarified for Mr. Wolff that the docks are being dismantled at City
expense, and the correspondence Mr. Hill referred to was from Trish Adams.
17. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 8:25 p.m.
Approved at the Apri122, 2009 Regular City Council Meeting.
Ri illmor, Mayor
ATT
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Sally A. Maio MMC -City Clerk
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