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HomeMy WebLinkAbout04082009cm ~~ ~ ~~ ~~~ 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. 2 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 3 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. 4 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. 5 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. 6 Regular City Council Meeting April 8, 2009 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 7 Regular City Council Meeting April 8, 2009 Page Eight 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 ~ \ ,, Sally A. Maio MMC -City Clerk 8