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HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JULY 8, 2009 - 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Gillmor called the Regular Meeting to order at 6:53 p.m.
2. Father John Morrissey, 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
Police Chief, Michelle Morris
Police Captain, Bob Lockhart
Airport Director, Joe Griffin
Finance Director, Ken Killgore
Golf Course Director, Greg Gardner
Growth Management Director, Rebecca Grohall
Growth Management Manager, Jan King
Human Resources Director, Debra Krueger
Public Works Director, Jerry Converse
MIS Senior Systems Analyst, Barbara Brooke-Reese
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
The City Manager requested removal of item 12B.
MOTION by Mr. Hill and SECOND by Ms. Coy to remove item 12B carried on a voice
vote of 5-0.
Regular City Council Meeting
July 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.
09.108 A. Proclamation -Motorcycle Safety Awareness -ABATE Members Accepting
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Mayor Gillmor read and presented the proclamation to members of ABATE, who briefly
addressed the audience on the importance of motorcycle awareness.
Brief Announcements
Ms. Coy thanked the Lions Club, the City and all the volunteers who made the 4th of July
a great event.
Ms. Simchick announced the Indian River Drive/Main Street Improvement Project
Ribbon Cutting on July 11th at 9 am.
Mayor Gillmor added a thank you to all the people who cleaned up so quickly after the
4th of July event.
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 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-~ A. Approval of Minutes -June 17, 2009 Special Meeting
9-16 B. Approval of Minutes -June 24, 2009 Regular Meeting
09.040 C. Approve Indian River Drive/Main St. Improvement Project Change Order #6 in the
17-22 Amount of $23,021.22 for H & D Construction Company, Inc. -Catch Basin
Removal/Replacement and Related Swale Re-Grading North of Project Site on
Indian River Drive (PW Transmittal, Summary of Change Orders, Change Order #6)
09.109 D. Approve Transfer of $200,000 DST Funds from Blossom Ditch Project to Quarter
23-25 Round Project to Complete Current Quarter Round Section (Public Works
Transmittal, Cost Breakdown)
09.110 E. Approve Alcoholic Beverage Use at Community Center for Esolen Anniversary
27-32 Party on August 15, 2009 from 4:30 pm to 10:30 pm (Parks Transmittal,
Application, Officer Services Form, Receipt)
MOTION by Mr. Hill and SECOND by Ms. Coy to approve items A through E of the
consent agenda.
Result of Roll Call:
Ayes: Hill, Coy, Simchick, Wolff, Gillmor
Nays: None
Passed 5-0
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Regular City Council Meeting
July 8, 2009
Page Three
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.
09.003 A. Natural Resources Board
33-38 i. Interview, Unless Waived and Appoint Regular Member Position with Term to
Expire 7/1/2012 (City Clerk Transmittal, One Application, Member List, Ad)
Current Member, Robin Graves briefly addressed Council, and being the only applicant, was
then reappointed to a new three year term. She reported she had been appointed as Chair at
the last meeting of the Board.
9. PUBLIC HEARINGS
Procedures for public hearings:
• Mayor opens hearing
• Attorney reads ordinance or resolution
• Staff presentation
• Public Input
• Staff summation
• Mayor closes hearing
• Council action
Anyone wishing to speak is asked to sign up before the meeting, when called, go to the podium
and state his/her name for the record.
09.101 a A. Ordinance No. 0-09-09 - Mustacchia Property Annexation - 3 Acres West of US
39-58 1 Between Shady Rest MH Park and St. Sebastian Church (Growth Management
Transmittal, 0-09-09, Map, Staff Report, Letter of Request)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY
ANNEXATION OF LAND CONSISTING OF 3 ACRES, MORE OR LESS, LOCATED WEST OF U.S. 1
BETWEEN SHADY REST MOBILE HOME PARK AND ST. SEBASTIAN CATHOLIC CHURCH;
PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT;
PROVIDING FOR AN EFFECTIVE DATE. (PJ 6/23/09)
Mayor Gillmor opened the public hearing and the City Attorney briefly explained the first
two hearings were legislative and the third was quasi-judicial. He then read Ordinance
Nos. 0-09-09 and 0-09-10 by title only.
The Growth Management Director noted the applicant has agreed to pay the cost of
legal ads and mailing to adjacent property owners, and recommended approval based
on consistency with applicable requirements.
Mayor Gillmor called for public input.
Damien Gilliams questioned why Sonic couldn't afford to pay the $3,300 application fee,
and said there are problems with Growth Management staff connections to the applicant.
Ms. Coy said she objected to him becoming personal.
Mr. Gilliams said he did not mention names, and Ms. Coy asked him to stick to the
issues. Mr. Gilliams continued saying if the buck stops with the City Manager than he
should pay the application fee. He said waiving the fee was not the right thing.
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Regular City Council Meeting
July 8, 2009
Page Four
Joe Scozzari, Sebastian, said at the last meeting he heard the statement, "It's only thirty-
seven hundred and fifty dollars ....," said he reviewed some tapes and heard similar
statements repeated. He questioned how much has slipped through the City's hands
over the last few years.
John King, representing the applicant, noted Sonic is not the applicant but is interested
in the property and if they do buy the property, they will bring 65 jobs, and sought after
economic development.
The Mayor asked the record reflect there was ample time for the public to provide
comment on this item.
MOTION by Mr. Hill and SECOND by Ms. Coy to approve Ordinance No. 0-09-09.
Result of Roll Call:
Ayes: Hill, Coy, Simchick, Wolff, Gillmor
Nays: None
Passed 5-0
09.101 b B. Ordinance No. 0-09-10 - Mustacchia Property Land Use Amendment - 3 Acres
59-74 West of US 1 Between Shady Rest MH Park and St. Sebastian Church Growth
Management Transmittal, 0-09-10, P & Z Minutes, Application)
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 CLASSIFICAITON OF RIVERFRONT MIXED USE (RMU) FOR ANNEXED LAND WITH A
PRIOR COUNTY LAND USE DESIGNATION OF LOW-DENSITY RESIDENTIAL, UP TO 6 UNITS PER
ACRE (L-2) FOR LAND CONSISTING OF 3 ACRES, MORE OR LESS, LOCATED WEST OF U.S. 1
BETWEEN SHADY REST MOBILE HOME PARK AND ST. SEBASTIAN CATHOLIC CHURCH;
AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE. (PJ 6/23/09)
The title was read under the previous item.
MOTION by Mr. Hill and SECOND by Ms. Coy to approve Ordinance No. 0-09-10.
Result of Roll Call:
Ayes: Coy, Simchick, Wolff, Gillmor, Hill
Nays: None
Passed 5-0
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Regular City Council Meeting
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Page Five
09.101 c C. Ordinance No. 0-09-11 - Mustacchia Property Zoning Amendment - 3 Acres
75-87 West of US 1 Between Shady Rest MH Park and St. Sebastian Church (This
issue is Quasi-Judicial) (Growth Management Transmittal, 0-09-11,
Application)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN INITIAL ZONING
CLASSIFICATION OF COMMERCIAL RIVERFRONT (CR) FOR ANNEXED LAND WITH A PRIOR
COUNTY ZONING DESIGNATION OF RESIDENTIAL MULTI-FAMILY, UP TO 6 UNITS PER ACRE (RM-6)
FOR LAND CONSISTING OF 3 ACRES, MORE OR LESS, LOCATED WEST OF U.S. 1 BETWEEN
SHADY REST MOBILE HOME PARK AND ST. SEBASTIAN CATHOLIC CHURCH; PROVIDING FOR
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ 6/23/09)
Mayor Gillmor opened the public hearing and the City Attorney read Ordinance No.
0-09-11 by title.
There was no ex-parte communication to disclose by the Council.
The City Clerk swore in the Growth Management Director and the applicant's
representative, Mr. King.
The Growth Management Director again recommended approval based on consistency
with applicable requirements.
Mayor Gillmor called for input in favor and there was none. He then called for input
opposed.
Damien Gilliams asked if he heard correctly, that Sonic will provide 65 jobs which he
couldn't believe. He offered to eat ten hamburgers in front of Council if this is true.
Ms. Simchick noted this was not really an objection to the rezoning request.
Mr. Wolff asked the Growth Management Director what safeguards were in place for the
City to ensure everyone was contacted about this request.
The Growth Management Director said staff took a good look at that, given the
comments from the last meeting, noting the code requires notifying everyone within 300
feet but staff always notifies residents up to 400 feet as a matter of practice, and there is
the public notice online and in the Press Journal.
Mr. Wolff asked if there was any response from the Catholic Church. The Growth
Management Director said they did not hear from the Catholic Church but during site
plan there might be a symbiotic relationship, because the Church may benefit from
proposed drainage.
MOTION by Mr. Hill and SECOND by Ms. Coy to approve Ordinance No. 0-09-11.
For the record, Mayor Gillmor asked the Growth Management Manager to go over the
costs the applicant was willing to cover again.
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Regular City Council Meeting
July 8, 2009
Page Six
She said the owner agreed to pay for the first and second advertisement costs as well as
the mailing to the surrounding residents as outlined on circle page 57.
Ms. Coy thanked the applicant for covering the expenses, noted when Council passed the
economic development plan last March, it gave the authority to waive application fees, and
pointed out this will help the City's tax base.
Result of Roll Call:
Ayes: Simchick, Wolff, Gillmor, Hill, Coy
Nays: None
Passed 5-0
10. UNFINISHED BUSINESS -None
11. PUBLIC INPUT
Public Input for each individual is five minutes; however, it can be extended or terminated by a majority vote
of Council members present.
Mrs. Lisanne Robinson, 1125 US Highway 1, said her van and cat were recently hit in
her U.S. 1 swale, she has a major problem with the swale as people have told her that
they are afraid to stop at her home and business. She said she has been requesting
assistance from Council over the years and has taken it upon herself to contact Florida
Department of Transportation (FDOT) for protection and safety. She explained there is
a FDOT Local Planning Agency which distributes funding for pathways, bikeways,
sidewalks, and landscaping.
Mrs. Robinson said the first step is to have Council consensus that they want to apply for
this funding, then the City becomes certified and submits drawings and concepts of what
the City would like to do. She said this would be traffic calming and conducive to public
safety and hoped Council would be interested.
Mr. Hill offered to look into it.
Ms. Simchick said as an MPO member, the planning for greenways and paths has gone
through for U.S. 1 but it would not be a problem if Council requested staff to look into
this.
Mr. Hill asked the City Manager to get specific funding details from Mrs. Robinson
Joe Scozzari said a businessman in the community gave the City a big, black eye by
charging the public to park during the fourth of July festivities.
Damien Gilliams said he was probably the guy that gave the City a big black eye
because his kids leased the old Walmart parking lot, obtained an occupational license
and insurance to charge parking fees to practice being entrepreneurs.
Mr. Gilliams said his kids would like to donate some of the money to the City
providing a Citizens Academy is started and he presented a check on behalf of the
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Regular City Council Meeting
July 8, 2009
Page Seven
property owner, Mr. M.C. Miller, Damien Gilliams, Jr., Casey Marie Gilliams, and
Emerick for $400.00.
Ms. Coy asked the Mayor not to accept the check and hear the rest of the story. Ms.
Simchick asked the City Attorney if they should accept the check with conditions imposed.
The City Attorney advised the check could be given to the Clerk and held in a separate
account while Council makes a decision on accepting the check, or Council can just
accept it, or reject it. Mr. Gilliams withdrew the offer.
Ms. Coy said Mr. Miller had passed away two weeks ago. Mr. Gilliams shouted
something from the audience and Mayor Gillmor gave him a first warning.
Ms. Coy continued that she had learned that Mr. Gilliams had a verbal agreement with
Mr. AI Hillbrick that any money left over was to be donated back to the company so they
could donate it to a charity in Mr. Miller's name. Ms. Coy said she received a lot of
complaints regarding the parking fee and suggested the City partner with the County for
the next event and purchase insurance so this doesn't happen again. She said it was a
civil matter, Mr. Gilliams was entitled to do it, but there were a lot of hard feelings; and
Council could do something next time so people don't have to be surprised.
In response to Mr. Wolff's question as to why she called the check blood money, she
explained Mr. Hillbrick was in a very trying time and he was told some things that weren't
true such as Mr. Gilliams had done this before, and had insurance which she noted
remained to be seen. She also said she thought it was dangerous for children to park
cars, there was no advertisement, people thought the money was going to the Sharks
(football team), and there was no parking for the Country Ham and Egg employees as
had been allowed by Mr. Hillbrick. She said she believes Mr. Gilliams was trying to
make up for the disturbance that he caused and she would prefer not to be a part of it.
Ms. Simchick said it was clear that people thought the money was going to the City and
a handicapped woman complained to her that she couldn't understand why the City was
charging to park on City property. She said she didn't want to take away from the
Gilliams children's sentiment but it would not have been such a difficult day for her and
Ms. Coy if he had made what was happening more clear.
Mr. Gilliams said he had leased the property from Clark Olmstead in the past, Mr. Miller
had not passed away at the time of the deal, Mr. Hillbrick asked that there be a donation
to Mr. Miller's foundation, however his secretary told him that morning to do what he
wanted with the money. He further explained that his kids did not park vehicles, only
collected money and then in accordance to Mr. Hillbrick's request they cleaned the
property after the festival. He also said there was parking for Country Ham and Egg
employees as well as the Sheriff's office.
Ms. Simchick said it would have been nice to receive a call on this as Mr. Gilliams knows
where to find them when he needs them. She asked him to thank his kids for what they
did and said she would be in favor of taking the City Attorney's advice in holding onto the
check until Council decides what to do. Mr. Gilliams said he first needed to report back
to Mr. Hillbrick.
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12. NEW BUSINESS
09.103 A. Request for Removal of Two Liens for 111 Arcadia and Two Liens for 1245
89-104 George Street (City Manager/Code Enforcement Transmittal. Property and Lien
Documents)
The City Manager said this item was rescheduled for this evening to accommodate Mr.
Morton's attorney.
Jeff Morton said he was in the business of buying foreclosures, fixing them up and
putting them back on the market. He explained that he tried to pay the mowing lien on
the Arcadia property in January and nobody at City Hall knew what to do. He said he
closed on the George Street property and paid the lien but he would not do as well on
the Arcadia property and asked to split the difference on the Arcadia property with the
City.
Mr. Hill and Mr. Wolff asked why the City did not take the money in January. The City
Manager said he was not sure and then read from the transmittal that Mr. Morton
indicated he would pay the liens when he sold the property which was a little different
than what he just presented.
MOTION by Mr. Hill and SECOND by Mayor Gillmor to waive the interest from February
until now and accept Mr. Morton's check for the lien on 111 Arcadia passed with a voice
vote of 5-0.
09.111 B. Authorize Staff to Initiate Golf Course Club House/Tee Box Expansion/Partial
105-107 Irrigation Improvement Project (City Manager Transmittal. GC Fund Projections
FY 2010-2015)
Removed under agenda modifications.
13. CITY ATTORNEY MATTERS -none.
14. CITY MANAGER MATTERS
The City Manager asked to wrap up the billboard campaign. He distributed pictures of
the three concepts: Unspoiled Paradise, Play in Paradise, and Join the Crowd to see
which pictures Council preferred. (see attached)
Ms. Simchick said she did not like the partial silhouette of Paul Kroegel on the
background of the Unspoiled Paradise billboard. She said she likes the sunrise picture
of the Kroegel statue on the cover of the book Special Places better than the depicted
picture.
Ms. Coy said she liked the sunrise picture but it wasn't working for her in the layout. She
liked the pelicans in flight and the kayak pictures.
Mr. Hill also liked the low flying pelicans and the children in the kayak pictures. He said
he trusts the City Manager will pick a better sunset picture.
Regular City Council Meeting
July 8, 2009
Page Nine
The City Manager said he will immediately get the Play in Paradise and Join the Crowd
billboards up.
Ms. Coy and Ms. Simchick suggested a morning sunrise picture.
The City Manager said the first two billboards will go in both directions on Interstate 95.
15. CITY CLERK MATTERS -none.
16. CITY COUNCIL MATTERS
A. Manor Gillmor -none.
B. Vice Manor Hill
Mr. Hill thanked everyone that made the Fourth of July such a spectacular celebration
and it was wonderful to see everyone in our small town.
C. Council Member Coy
Ms. Coy asked Council if they would entertain leasing Mr. Hillbrick's parking lot on the
next agenda. There was no objection.
Mr. Hill remembered he would not be present at the next Council meeting and asked if
the adoption of the CIP could be put off to another meeting or change the meeting date.
Mr. Wolff also said he would be absent from the next meeting.
The City Manager advised the DR420 form to set the maximum millage amount allowed
for the TRIM notice was to be on the next agenda and if they wanted to be present for
that, he suggested a special meeting should be set. The Clerk advised three affirmative
votes would be needed in accordance with the Charter.
Mr. Hill asked if the 22"d meeting could be moved to the 29th. The City Manager advised
there is some Board of Adjustment advertising to consider.
The Clerk suggested they do a Board of Adjustment meeting on the 22"d and the regular
meeting on July 29th. Ms. Simchick asked if they were required to have the meetings on
the set dates, and the Clerk said the Charter requires at least one meeting per month.
There was general consensus to the recommendation and no objection.
D. Council Member Simchick
Ms. Simchick said she has been receiving compliments regarding Joe Griffin's
economic ambassador efforts at the Airport. She thanked him, the City Manager
and the Growth Management Director.
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Regular City Council Meeting
July 8, 2009
Page Ten
E. Council Member Wolff
None.
17. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 8:12
p. m.
Approved at the July 29t" Regular City Council meeting.
is and H. Gillmor, Mayor
ATTE
Sally A. Mai , MMC -City Clerk
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