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HomeMy WebLinkAbout08262009City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff None. CITY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 26, 2009 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the regular meeting to order at 6:30 p.m. 2. A moment of silence was held. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Administrative Services Director, Deb Krueger Finance Director, Ken Killgore Police Chief, Michelle Morris Police Captain, Greg Witt MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous voted of City Council members Regular City Council Meeting August 26, 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. 09.126 A. Proclamation National Alcohol and Drug Addiction Recovery Month 1 September 2009 Mayor Gillmor read the proclamation. No recipient was in attendance. 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 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 -10 A. Approval of Minutes 8/12/09 Regular Meeting 09.127 B. Renewal of Property, Casualty, Liability Workers' Compensation FY2009/2010 11 -14 (Administrative Services Transmittal, Exhibit A, Proposal) MOTION by Ms. Coy and SECOND by Mr. Hill to approve consent agenda items A and B. Result of the roll call: AYES: All NAYS: None 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. 09.128 A. Construction Board 15 -32 (City Clerk Transmittal, Applications, Ad, List) Interview Unless Waived, and Submit Nominations for the Following Three Positions: Regular Member, Engineer or Architect, Expiring 9/30/12 Regular Member, Contractor, Expiring 9/30/12 Regular Member, Contractor, Expiring 9/30/12 The City Clerk announced that applicants Jim Morris and Shawn Hosey had prior commitments and could not be in attendance but were both interested in being reappointed. MOTION by Mayor Gillmor and SECOND by Mr. Wolff to re- appoint Mr. Hosey, Mr. Morris, and Mr. Widup to another term passed with a voice vote of 5 -0. 9. PUBLIC HEARINGS None Regular City Council Meeting August 26, 2009 Page Three 10. UNFINISHED BUSINESS None 11. PUBLIC INPUT None 12. NEW BUSINESS 09.129 A. First Reading of Ordinance 0 -09 -12 Noise Schedule Public Hearing and Final 33 -38 Adoption Date (City Attorney Transmittal, 0- 09 -12) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING SECTION 66 -3 (4) AND ENACTING CHAPTER 67; OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO UNNECESSARY AND EXCESSIVE NOISE; PROVIDING ENFORCEMENT PROCEDURES AND EXEMPTIONS; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. The City Attorney read ordinance 0 -09 -12 by title. MOTION by Ms. Coy and SECOND by Mr. Hill to approve Ordinance No. 0- 09 -12. 6:36 pm The City Attorney briefly presented the provisions of the ordinance which was a result of discussions with Councilmember Wolff about noise complaints in residential districts, and which he tailored to the needs of a City of our size and demographics. He said someone with a home next to railroad tracks may have different expectations than someone in a residential area. He noted that in accordance with provisions of the ordinance, an officer upon arriving at the scene of a violation would give the offender a detailed first oral or written warning, and then five minutes to comply, and if there was no compliance, the officer would write the first citation and succeeding fines would rapidly accelerate. He cited the exemptions on circle page 37, #3 of which excludes non residential areas which reflects the thinking that people who choose to live in areas where noise will be a factor, have little justification for things to be absolutely quiet. He said adoption of a noise ordinance sends a message that you are serious and if in the future there are problems in commercial areas they know you can bring back the ordinance and amend it to eliminate the exemption. He said businesses, when approached have sometimes been cooperative and sometimes not. The City Attorney said the ordinance can be enforced with or without a meter, said he had indicated that anything five decibels or louder than ambient sound would be a violation, however, if Council thought this was too low it can be changed now or at the hearing. He noted the Police Chief thought her officers could enforce this ordinance. He sought direction from Council. Public Comment Fran Southern, representing Earl's Hideaway, said Earl's is willing to cooperate, cited their 2 -6 pm Sunday concerts noting they are in a commercial district, and said they have had only one complaint. She asked if we are going to use decibel readings, would they be taken from the residence of the complainant or from the establishment itself. Regular City Council Meeting August 26, 2009 Page Four Mayor Gillmor said establishments like Earl's would be exempt from the ordinance and the City Attorney confirmed that was correct. Cathy McKenzie, Area Director External Affairs, A T T, requested language on emergency restoration and maintenance work to be included in the ordinance. The City Attorney read A T T's requested language: Add to end of Exemption Number 4: including without limitation noises from generators or other equipment used by communications companies or other utility companies due to a commercial power outage or in connection to restoration of service operations." Tuck Ferrell, 12546 N. Highway A1A, said he sent an e-mail to Council regarding a problem that was the worst ever with loud music from Hirams once again this past Saturday night. He said he guessed he would have to start calling the County Commission because we are violating the County noise ordinance. He expressed concern for the effect the loud noise is having on birds within the river islands, said he had also heard from people in Windsor who have complaints about the noise, people can't sleep, and cited the fact that his windows were shaking Saturday. He said the music stopped at 1 am. He said he has not had any problems with Earl's. 6:57 pm Cathy Ferrell, 12546 N. Highway A1A, said they are 2.5 miles from Hirams and cited the noise problem from Saturday night, said she thought we had all been in agreement that the ordinance would apply to residential and commercial, suggested Hirams could revise their layout to point their equipment toward the business district, noting Earl's equipment faces north, and Hirams has said they would moderate their equipment. Ms. Simchick asked Mrs. Ferrell what time she made the complaint on Saturday night and if her windows were open. Mrs. Ferrell replied their windows were closed with the A/C on and they were wearing ear plugs. She said there are 12 -15 houses being impacted. Mr. Wolff asked how long this situation has gone on. Mrs. Ferrell said there was minimal noise for ten years but since Capt. Hiram's began their concert series the noise has become unbearable and Saturday night wasn't even a concert. She said there could be a fair ordinance that applies to businesses. Mr. Hill said we need to separate the two issues, that tonight is a noise ordinance for the residents of the City of Sebastian, then suggested they have a meeting with all businesses to talk about how to mitigate the noise. He apologized to the Ferrell's for the noise on Saturday night. Mrs. Ferrell again said they are in violation of the County ordinance, to which Mr. Hill and Mayor Gillmor responded this did not preclude Council from sitting down with businesses or amending the ordinance at a later time. Regular City Council Meeting August 26, 2009 Page Five Ms. Simchick disagreed that they are separate issues citing the many complaints from residents on this side of the river she has received. She suggested there should be an expectation of time for commercial noise, and said noise complaints should not be anonymous because readings have to be taken from the site of the complainant. Mrs. Ferrell noted Hirams usually shuts down between 12:45 am to 1 am. Ruth Sullivan, 1215 Indian River Drive, said she was glad Council was going to enact the ordinance but strongly disagreed with exempting businesses. She noted when you talk with businesses they comply for a little time and then crank it up again and reasonable limits have to be set. Mr. Wolff said the genesis of this was many months ago in discussions with the City Attorney after he had received complaints from residents who were seeking recourse from egregious noise problems that are disturbing quality of life. He said he requested a simple ordinance that did not bog down business, and that dealing with the noise from commercial will involve Council, the Chamber and businesses sitting down. He said he saw the exclusion as an incentive, we exclude at this point and apply peer pressure, and businesses will police each other, however, at any time, Council can go back and change the ordinance. He agreed to workshop this with the community but his emphasis tonight was to bring relief to the residential areas. Mr. Wolff said he did some research on decibel levels as follows: 50 decibels is an AC unit; a 1% change can't be noticed, a 3% difference is bringing change; a 5% change is clearly noticeable and a 10% change is twice as loud. He said we need to hash out where the measurement is taken and further discussion should be held on the increase of decibels. He asked that Council move forward if they were in agreement and take the next step in meeting with the commercial district. Ms. Coy agreed they are two separate issues, disagreed with making a big deal with the business district because the complaints are only from Capt Hiram's and sometimes Earl's, determine through the PD where the complaints are coming from, have the people with the complaints meet with the City Manager and if they don't comply come back and redo the ordinance. 7:25 pm Mayor Gillmor agreed it is separate issues but we need to be good neighbors. He said you will get a higher increased reading than 5 decibels with a band playing. Mr. Wolff noted amplified rock music is 150 decibels. Ms. Simchick said she agreed with what we are trying to accomplish, said she had never had a call about Earl's and the time of their concerts is not unreasonable, said she would agree with the exemptions but suggested the 2 reading be in 30 days and if problems with businesses continue the ordinance could be changed. She said these concerts in open space are great for business but the businesses must be good neighbors. She also suggested 8 pm may be too early to cease use of equipment in residential areas and said maybe it should be dusk to dawn or sunrise to sunset. Mr. Hill said most lawn companies are done by 8 p.m., that sunset is too arbitrary and if necessary to change it, set a specific time. Mr. Wolff said working in your yard to 9:00 pm is nothing. Mr. Hill agreed with 9 pm. Regular City Council Meeting August 26, 2009 Page Six Ms. Simchick said she would support the motion but she feels bad for the Ferrells, said she also receives complaints from residents on 130 who get lost in the jurisdiction route. Mr. Hill thanked Mr. Wolff for the decibel level information and asked if it included an average ambient level. Mr. Wolff responded rock music is 150, lawn mower 92, car with missing muffler 115 and most ambient level is 55 -65. Ms. Simchick said in her experience it is more like 80. Mr. Hill asked if this could be done in two weeks. At the request of Council, the City Attorney re- stated the A T T requested language: Add to end of Exemption Number 4: including without limitation noises from generators or other equipment used by communications companies or other utility companies due to a commercial power outage or in connection with restoration of service operations." Ms. Coy amended her original MOTION and SECOND by Mayor Gillmor to approve the first reading of 0 -09 -12 with the A T T proposed amendment. Ms. Simchick asked for clarification of prohibiting power tools and landscaping equipment after 9:00 p.m. and Ms. Coy said that was included in her motion. Mayor Gillmor agreed to add this to the motion. The City Attorney announced the public hearing is to be held September 23 2009. Result of the roll call: AYES: All NAYS: None 5 -0 Mayor Gillmor suggested asking Hirams to do an ambient reading at the end of the dock to see if sound is going across the river and perhaps recant the speakers. The City Manager was directed to have the Police Chief determine which businesses are the loud establishments and get everyone together to discuss compliance. 09.130 B. Renewal of Group Health, Dental, Vision, Long Term Disability and Life 39 -59 Insurances FY2009/2010 (Administrative Services Transmittal, Analysis and Recommendation) The City Manager introduced the City's insurance broker, Curt Gehring of the Gehring Group. Mr. Gehring said the projections indicated no increase even though the carrier recommended an 8% increase which was reduced through negotiations, giving the entire program a $3,000 increase for the next twelve months. He noted that while Indian River County is not there yet, carriers are offering discounts for on -site clinics. Regular City Council Meeting August 26, 2009 Page Seven Mayor Gillmor asked how long disability is paid. Mr. Gehring said a claim goes until age 65 than integrates with Social Security. Mr. Wolff said the Gehring Group has done a good job and there would probably be an increase if it went out to bid. MOTION by Mr. Wolff and SECOND by Mr. Hill to approve the renewal of group health, dental, vision, long term disability, and life insurances for FY2009/2010. Mr. Gilliams asked if a saving might have occurred if it went out to bid. The City Manager explained the premium is steady but our expenses have gone down because there are less employees and noted the Gehring Group did procure this for us. Mr. Wolff said this is an extremely important benefit that staff is earning and to jeopardize it by exposing it to competitive bidding would be counter productive and he didn't agree with the speaker on this. Result of the roll call: AYES: All NAYS: None 5 -0 The Mayor called for a recess at 7:57 p.m. 8:08 pm all were present. 09.120 C. M. C. Miller Company, Inc. Parking Use Agreement 11640 U.S. Highway 1 61 -63 (City Manager Transmittal, Agreement, Exhibit) The City Manager said this is for temporary use of parking facilities, noting the owner, Mr. Hilberts, is more than happy to lend the parking lot for the City's special events, renewing each year. MOTION by Ms. Coy and SECOND by Mr. Hill to approve the parking use agreement. Damien Gilliams, 1623 U.S. Hwy 1, asked how small enterprise can compete with big government. Mayor Gillmor replied not very well. Mr. Gilliams asked if government ever compensates small business for stepping on them in the process. Mayor Gillmor said only when required by law. Mr. Gilliams asked the Mayor if he had any conscience, any feeling, if people take food or money out of his pocket, noting he can only direct his dialog to the Mayor. Mayor Gillmor said he probably would not like it. Mr. Hill called for a point of order, and said while the speaker is to direct his comments to the Mayor, the speaker is to address the body as a whole. Mr. Gilliams said he spoke to the Mayor because he was in small business so he could relate to him. Mr. Gilliams said the little guy should be considered for compensation. Louise Kautenburg, thanked Council for the lease for the betterment of the community. Regular City Council Meeting August 26, 2009 Page Eight Ms. Coy said we are half way there and asked the City Manager where we are with the other owner, Mr. Green. The City Manager said he hasn't spoken to Mr. Green. Ms. Coy asked him to add the insurance to the agreement and said this is a result of the complaints she has received. She thanked Mr. Hilberts and noted we need to make accommodations for his tenants: Country Ham and Eggs, Al's Place and Patty's. Mr. Wolff said there should be a temporary sign made up to thank Mr. Hilberts for the use of his property and ask the public to respect his property. The City Manager said he would take care of that. Result of the roll call: AYES: All NAYS: None 5 -0 09.131 D. CDBG Entitlement Update (City Manager Transmittal) 65 The City Manager explained Ms. Simchick bought to his attention that federal monies are provided for specific improvements through the Entitlement Communities Program, and every year a community has option to opt in or not. He said he has sent notice to HUD to accept entitlement monies (estimated at $88,280 a year) requiring a litany of things that need to be done to complete the process to move forward in economic fashion at the Airport. He said staff would like to put together a proposal and bring back to Council at their direction. Ms. Simchick said she met Gary Causey, Community Planning Development Field Office Director, HUD, at the Florida League Cities conference who recommended that we apply for the entitlement funds. She said the City Manager did a letter of request and the next step is to do a consolidated plan showing workshop time put in; and she noted in year 2010 the award is anticipated to be 18% higher. She said one possibility is that we can apply for a section 108 loan, which is five times the amount at 2% interest, with no match money to use for economic development, and we can use the entitlement money to pay the loan back. MOTION by Mayor Gillmor and SECOND by Ms. Coy to approve. Mr. Hill clarified a directive from Council to move forward is all that is needed. Ms. Simchick said she found this opportunity exciting and suggested bringing the City Manager to the conference in the future, as he could have assisted her with her fact finding with Mr. Causey. Mr. Wolff asked if the money could be used for roads in the business community. The City Manager said yes, it has to be tied into creating jobs and he cautioned there is homework to do. Regular City Council Meeting August 26, 2009 Page Nine Ms. Simchick read the eligible activities: construction of public facilities and improvements, such as water and sewer facilities, streets, neighborhood centers, and the conversion of school buildings for eligible purposes; public services, within certain limits; activities relating to energy conservation and renewable energy resources; and provision of assistance to profit- motivated businesses to carry out economic development and job creation /retention activities Ms. Simchick asked the other members to think of projects. 09.125 E. Work Authorization for Airport Drive Access Road East to the LPA Group, Inc. for 67 -74 Construction Services in the Amount of $49,724 (Airport Transmittal, Scope, Estimate, Authorization) 8:32 pm The Airport Director explained this is for the LPA Group who will monitor the construction of the access road, provide for a professional engineer to sign off on the project and he recommended approval. MOTION by Mr. Hill and SECOND by Ms. Coy to approve access road east project work authorization number one. Result of the roll call: AYES: All NAYS: None 5 -0 09.132 F. City Manager Grant Approval Authority Runway 4/22 Improvements 75 -80 (Airport Transmittal, FAA Notice, Typical Grant) The Airport Director said this is relating to the licensing of Runway 4/22 where we have to move the lights inbound, improve the markings and other things to bring it into compliance. He explained the FAA would like all of the bids to come forward ahead of time for the $383,000+ portion of the grant as their fiscal year closes September 23. He anticipated receiving the grant and asked authorization for the City Manager to accept the grant when it comes forward. MOTION by Mr. Hill and SECOND by Ms. Coy to authorize the City Manager to move forward and accept the FAA grant designated for Runway 4/22 improvements. Result of the roll call: AYES: All NAYS: None 5 -0 Regular City Council Meeting August 26, 2009 Page Ten 13. CITY ATTORNEY MATTERS None 14. CITY MANAGER MATTERS None 15. CITY CLERK MATTERS The City Clerk reminded the public that qualifying ends next Friday, September 4 at 4:30 p.m. for anyone interested. 16. CITY COUNCIL MATTERS A. Council Member Simchick None B. Council Member Wolff Richard Gillmor, Mayor ATTEST: Sally A. Maio, MMC City Clerk Mr. Wolff reminded the public that school is back in session, asked everyone to be careful in their morning and evening drive as the children are out and often they don't see you but hopefully you see them. C. Mayor Gillmor None D. Vice Mayor Hill None E. Council Member Coy None 17. Being no further business, Mayor Gillmor adjourned the regular meeting at 8:37 p.m. Approved at the September 9 2009 Regular City Council Meeting.