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HomeMy WebLinkAbout08122009QIY~~ ~. ~ ~ HOME OF NELiLAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 12, 2009 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Mayor called the regular meeting to order at 7:02 p.m. 2. A moment of silence was held. 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 Administrative Services Director, Debra Krueger Airport Director, Joseph Griffin Building Director, Wayne Eseltine Finance Director, Ken Killgore Golf Course Director, Greg Gardner Growth Management Director, Rebecca Grohall Police Chief, Michelle Morris Police Captain, Greg Witt MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS -none. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS -none. Brief Announcements Ms. Coy announced the Dog Park was now open and the hours are from 7:00 a.m. to dusk. She also commended Code Enforcement Officer Curtis Bloomfield for assisting an active duty serviceman, currently stationed in Iraq, with finding a VFW contractor to mow his grass while he is deployed. Regular City Council Meeting August 12, 2009 Page Two Ms. Simchick reminded the public of the first Summer Jam to be held in Riverview Park on Friday night from 5:00 p.m. to 10:00 p.m. Mr. Wolff announced the Indian River County's Electronic Recycling Event was a great success and matched the previous event held at the Indian River Mall. Ms. Simchick thanked all the workers involved during that hot, scorching day. 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. 1-11 A. Approval of Minutes -July 29, 2009 Regular Meeting 09.121 B. Resolution No. R-09-30 -Schedule of Penalties for Prohibited Contracting 13-17 Activity (Building Transmittal, R-09-30, Schedule of Penalties) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A SCHEDULE OF PENALTIES TO BE ASSESSED BY A CODE ENFORCEMENT OFFICER FOR EACH PROHIBITED CONTRACTING ACTIVITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 09.122 C. Approve Sebastian Property Owners Association and Sebastian River Area 19 Chamber of Commerce Use of Council Chambers with Live Broadcast for City Council Candidate Forums -Monday, 10/19/09 (SPOA) and Thursday, 10/29/09 (Chamber) 09.123 D. Early Retirement Buyout (Administrative Services Transmittal) 21 09.042 E. Resolution R-09-29 - 3~d Quarter Budget Amendment (Finance Transmittal, 23-49 R-09-29, Memo, Reports, Schedule, Accomplishments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Gillmor asked to pull item #E for discussion. MOTION by Ms. Coy and SECOND by Mr. Hill to approve consent agenda items A through D. Result of the roll call: AYES: All NAYS: None Passed 5-0 Item #E Mayor Gillmor asked the City Manager to speak on the 3~d quarter budget amendment changes. The City Manager asked the Finance Director to highlight the changes. Regular City Council Meeting August 12, 2009 Page Three The Finance Director explained the some of the revenues dropped off some due to the economy, and investment returns have been received for the year are also low. He said all the funds are in order; the report included the status of various projects, investment returns, and the accomplishments from all departments. Mayor Gillmor said he remembered there were some adjustments in the MIS Department. The Finance Director confirmed there were some maintenance contracts that weren't anticipated and the MIS Director was able to negotiate two year contracts to be covered by a transfer from the reserve account; and the Skate Park changed the recreational impact line. Mr. Wolff noted the $1.6 M certificate of deposits and U.S. Government Agency Bonds on circle page 37 and asked if they were a specific agency. In response, the Finance Director said they were Federal Home Loan Mortgage, Bank and Federal Farm Credit Bank listed on circle page 40. MOTION by Mayor Gillmor and SECOND by Mr. Wolff to approve item #E, R-09- 29, the 3~d Quarter Budget Amendment. Result of the roll call: AYES: All NAYS: None Passed 5-0 8. COMMITTEE REPORTS & APPOINTMENTS -none. 9. PUBLIC HEARINGS -none 10. UNFINISHED BUSINESS 09.112 A. Resolution No. R-09-28 -Approval of Six Year Capital Improvements Program 51-88 for FY 2010-2015 (Administrative Services Transmittal, R-09-28, Revised Program) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING A SIX-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS ENDING 2010-2015; PROVIDING REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR EFFECTIVE DATE. The City Manager said the program was modified to shift expenditures from the municipal garage to the quarter round drainage effort. The City Attorney read the title. Damien Gilliams, 1623 U.S. Hwy 1, asked for clarification that funds were moved from the garage to cover drainage improvements for Barber Street and if any funds would go towards the streets in the CRA district. Mayor Gillmor and Mr. Wolff confirmed some of the money will cover the drainage improvements. The City Manager said during the CRA budget we can identify the streets while doing the CAVCORP allocation and there maybe some leftover funds from the Main Street project that can carry over to improve the CRA district streets. Regular City Council Meeting August 12, 2009 Page Four Mr. Gilliams clarified his concern that CRA money should be saved for redevelopment and roads should be paid by DST funds. The City Manager said DST monies cannot be spent on roads. Mr. Gilliams asked why drainage will be improved when there will be a turning lane in the middle of Barber Street. Mayor Gillmor said there will be a sidewalk put in. Mr. Gilliams asked why the drainage wasn't included in the stimulus money. In response, the City Manager explained the MPO has only allocated $2 M for resurfacing, design, and procurement to be completed by the state. Mr. Gilliams said this is the time to knock on the local legislators' doors. Ms. Simchick asked if the City could pursue the FDOT District 4 Advanced Program Grant by using $1.5 M from the reserve funds. The City Manager said we could see if that is a potential. Mr. Wolff said given that info, he asked if we should proceed with the quarter round. The City Manager explained there may be some restrictions with the grant and he advised to get the drainage work done. MOTION by Mayor Gillmor and SECOND by Ms. Coy to approve Resolution No. R-09-28, the Capital Improvement Program for FY2010-2015. Result of the roll call: AYES: All NAYS: None 5-0 11. PUBLIC INPUT (see back page of agenda for procedures) Sal Neglia spoke on the recently passed Senate Bill 360 explaining there is a group of municipalities suing the legislature and he hoped the City would join in Mayor Gillmor said the Florida League of Cities was against the bill. The City Attorney advised that nobody really knows what the bill does, what it's impact will be, it is 80 pages long, Secretary Tom Pelham went on a state wide Internet discussion and the following week the Department of Community Affairs (DCA) retracted his statements and now there is a debate between the Governor and Secretary Pelham as to the bill's intent and how it applies. He also said some parts of the bill doesn't make sense for example it eliminates the transportation concurrency requirement in master plans, the legislature is talking about a glitch bill for next session; it was passed the last day of session with non-related items attached to it. He offered to provide copies of the lawsuit to Council. He said he has talked to land use lawyers around the state and they are waiting for further instructions from DCA or the Legislature, and he noted if the bill was designed to spur development, it has not. Regular City Council Meeting August 12, 2009 Page Five In response to Ms. Simchick, he said there is not much of a pro or a con in joining the lawsuit since it is already filed; and he offered to work on briefs or oral arguments at Council's direction. Tuck Ferrell, 12546 N. Highway A1A, (spoke at the last meeting requesting noise abatement and he) thanked Council and the City Manager for the quiet he is experiencing. Damien Gilliams, 1623 Highway A1A, said he was upset that Mr. Wolff was the only member who was in favor of setting benchmarks for the charter officers, said building a new revenue base could be a goal. Mayor Gillmor asked him what revenue base he had in mind to which Mr. Gilliams said volunteers could work at City Hall and receive tax breaks in return, camera monitoring for speeders, work to improve the schools to attract home buyers. He asked Council to reconsider setting goals for the charter officers. Mr. Gilliams said there is no early voting and asked Council to encourage citizens to vote by mail. Mr. Hill corrected him in saying there is early voting available at the Supervisor of Election's office in Vero Beach. Ms. Simchick mentioned the City has complemented Sebastian River High with the Indian River State College, approved an economic development plan in March and approved the a tax abatement on the ballot this fall in an effort to expand the revenue base. Mayor Gillmor pointed out that Council gives the Officers goals and direction all the time. Mr. Hill stated the officers' annual evaluation form has a spot for goals and objectives for the coming year. Mr. Wolff said it is a challenge to expand the revenue base and we would have to be creative and asked the City Manager to keep an eye out for ideas. Ms. Coy pointed out that we do have volunteers, one of the finest Citizens Police Academy but we must be careful that volunteers aren't a detriment to an office. Joe Scozzari said he agreed with Ms. Coy that a volunteer could be detrimental as when we put inexperienced Council Members up and then made them Mayor, it made our city look like a laughing stock. Mayor Gillmor said his comment was uncalled for and gave him a warning. 12. NEW BUSINESS 09.120 A. Parking for Future City Events (No Backup) The City Manager said he anticipated discussion to receive direction for the future. Ms. Coy said it was her understanding that he was to call Mr. Hillbrick and Mr. Green. The City Manager said he would have this ready for the next meeting. Regular City Council Meeting August 12, 2009 Page Six 09.124 B. Approve Golf Course Maintenance Agreement with International Golf 89-151 Maintenance, Inc. in the Amount of $493,700 (Golf Course Transmittal, RFP, Scope, Agreement, Bid Packet) Mr. Hill asked to abstain from discussion and voting on this due to potential future relationships in the golf course industry. (see form attached) The City Manager explained that while we have been very happy with the current contractor, One Source, it was time to bid out the contract which brought in two qualified responses. He noted the difference is about $30,000, International Golf Maintenance, Inc. (IGM) may keep the current superintendent, and recommended approval of IGM. MOTION by Mr. Wolff and SECOND by Ms. Coy to approve the expenditure and enclosed golf course contract for maintenance at SMGC with International Golf Maintenance Inc. Damien Gilliams, 1623 U.S. Hwy 1, asked why Mr. Hill was abstaining from this item for the record. Mayor Gilliams said that Mr. Hill indicated he is in that business and in the future he will deal with this company. Mr. Gilliams asked why there is a five year term when the contractor is new. Mayor Gillmor said they do local courses; and the City Manager added bidding annual contracts for services of this size is not reasonable. Mr. Wolff pointed out five companies attended the pre-bid meeting, we are locking in a very good price now, and in a few years from now IGM may regret their bid, and the bottom line is we are saving over $200,000, receiving services from a top ranked company, staff is happy, and we should move forward. Result of the roll call: AYES: Gillmor, Coy, Simchick, Wolff ABSTAINED: Hill 4-0 09.125 C. Approve Airport Access Road East Construction Agreement with H & D 153-198 Construction Co., Inc. Not to Exceed $468,456.60 (Airport Transmittal, Site Depictions, Bid Info, Agreement ) The Airport Director recapped the project, said the LPA Group compiled the bids, and recommended award to H & D Construction Co. Inc. In response to Mr. Wolff, the Airport Director displayed the route map from the agenda packet on the overhead projector, noting this will provide for two infields to entice development, and the old runway will be re-asphalted during this project. Ms. Simchick commended the Airport Director for his hard work and vision with this project. She also said she appreciated H & D Construction's work and savings on the Main Street project. Regular City Council Meeting August 12, 2009 Page Seven MOTION by Ms. Coy and SECOND by Ms. Simchick to award H & D Construction, Co. Inc. the contract for construction services for the access road east project at the Sebastian Municipal Airport not to exceed $468,456.60. Damien Gilliams, 1623 U.S. Hwy 1, also commended the Airport Director. Result of the roll call vote: AYES: All NAYS: None 5-0 13. CITY ATTORNEY MATTERS The City Attorney distributed a proposed noise ordinance for Council's consideration at the next meeting. He said he tried to get the best provisions from a number of ordinances from around the state, and he has provided a copy to the Police Chief who reviewed it and said it would be useful to the officers. Ms. Simchick suggested extended the summer hours to 9:00 p.m. for those who work two jobs and can only mow at night. The City Attorney asked Council to review the ordinance and get back to him with any comments, changes or revisions. He noted the first reading will be at the next Council meeting. 14. CITY MANAGER MATTERS -none. 15. CITY CLERK MATTERS The City Clerk announced that November 3, 2009 General Election qualifying period runs from Thursday, August 20, 2009 through Friday, September 4, 2009, that candidate handbooks are available in the City Clerks office and on the City website. 16. CITY COUNCIL MATTERS A. Council Member Coy Ms. Coy apologized to the other members that she would not be able to attend the August 24th Budget Workshop and asked if she could submit her thoughts in writing to the City Manager to be read at the meeting. The City Attorney said that would be fine as long as she did not expect two-way communication between members. B. Council Member Simchick None. C. Council Member Wolff None. Regular City Council Meeting August 12, 2009 Page Eight D. Mayor Gillmor None. E. Vice Mayor Hill None. 17. Being no further business, Mayor Gillmor adjourned the regular meeting at 8:08 p.m. -ved at t Au t 26th, 2009 Regular City Council meeting. Rt and H. Gillmor, Mayor ATTES ~ ~ ~/f~__ Sally A. Maio, MC - Ci''tlly Clerk FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Hill, Jim City Council MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 12 2 5 Main Street WHICH I SERVE IS A UNIT OF: Y }t~l CITY ^ COUNTY ^ OTHER LOCAL AGENC CITY COUNTY Sebastian Indian River NAME OF POLITICAL SUBDIVISION: City of Sebastian DATE ON WHICH VOTE OCCURRED MY POSITION IS: A ll g u S t 12 , 2 ~ ~ 9 ~ ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, __J i m _H i 11 hereby disclose that on ______ A u g u s t -12 ------~ 20 ~ 9 _: (a) A measure came or will come before my agency which (check one) ___ inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, ____ inured to the special gain or loss of__~~Qj~g~~ whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: -----~ ~~ -?Qa~-------------------- Date Filed by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. !~'. CE FORM 86 - EFF. 1/2000 PAGE 2