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HomeMy WebLinkAbout09092009City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff Cm' OF Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Records Program Manager, Donna Cyr Airport Director, Joseph Griffin Finance Director, Ken Kiligore Police Captain, Greg Witt Police Captain, Bob Lockhart MIS Systems Analyst, Rob Messersmith HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 9, 2009 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the regular meeting to order at 6:30 p.m. 2. Rev. Ellie Lea, First Presbyterian Church of Sebastian gave the invocation. 3. The Pledge of Allegiance was recited. 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous voted of City Council members Ms. Coy asked that New Business Item 12F be added regarding the installation of high speed internet at the Airport building. There was a unanimous voice vote to add the item. 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. Regular City Council Meeting September 9, 2009 Page Two Brief Announcements Mayor Gillmor announced that a Patriot's Day memorial will be held at Riverview Park this Friday at 8:30 a.m. and encouraged the public to participate. Mayor Gillmor also announced POW /MIA Day will be held in Vero Beach with a candlelight vigil on September 18 on Memorial Island. Ms. Simchick invited the community to the Sebastian Soccer Association's Event celebrating new fields on Saturday, September 12 from 9:00 a.m. to 5:00 p.m. Ms. Coy invited the public to a POW /MIA ceremony at the local Veteran's clubhouse on September 18 at 4:30 p.m. 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 -7 A. Approval of Minutes 8/24/09 Budget Workshop 9 -18 B. Approval of Minutes 8/26/09 Regular Meeting 09.133 C. Christmas Parade December 5, 2009 Approve Street Boat Ramp Parking Lot 19 and Street Closings (City Clerk Transmittal) MOTION by Ms. Coy and SECOND by Ms. Simchick to approve consent agenda items A -C passed with a voice vote of 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. None. 9. PUBLIC HEARINGS Nbne 10. UNFINISHED BUSINESS None 11. PUBLIC INPUT None Regular City Council Meeting September 9, 2009 Page Three 12. NEW BUSINESS 09.118 A. Resolution No. R -09 -33 Calling Special Election November 3, 2009 for 21 -24 Referendum on Tax Abatement (City Manager Transmittal, R- 09 -33) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CALLING FOR A REFERENDUM TO BE HELD IN CONJUNCTION WITH THE GENERAL ELECTION OF NOVEMBER 3, 2009 ON THE QUESTION OF WHETHER THE CITY OF SEBASTIAN MAY GRANT ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS PURSUANT TO THE STATE CONSTITUTION; AUTHORIZING THE CITY CLERK TO INCLUDE THE QUESTION ON THE BALLOT; PROVIDNG AN EFFECTIVE DATE; PROVIDING FOR THE REPEAL OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR ADOPTION. The City Attorney read the title of Resolution No. R- 09 -33. MOTION by Ms. Coy and SECOND by Mr. Hill to approve Resolution No. R- 09 -33. There was no public input. Ms. Coy said the ballot language was very well written and asked the public to consider how important this is as it will be the first tax abatement question to the electorate in Indian River County. The City Attorney said the ballot language came straight from the statute and if approved, Council will consider an ordinance to set application, amount, and duration of the tax benefit. Mr. Hill said the question is clear but asked if the language could say, "Shall the City be authorized to grant pursuant to article three, section seven property tax exemptions to new businesses which bring jobs to the City or expansion of businesses which create jobs." He said if the citizens were able to see the creation of jobs they would be more apt to vote favorably for the question. The City Attorney said the question comes from state statute which dictates "the question shall be substantially in the following form" which does provide leeway; but he advised that if the statutory language is used there would not be any difficulty with a legal challenge; but if Council departs from it there is always that possibility. Mr. Hill said the change is minor and very relevant. He said if the City Attorney could rewrite the language indicating clear delivery of jobs and could sustain a challenge he would move to make that adjustment. Mayor Gillmor asked the City Attorney if the City would be able to adequately inform the public of the intent of the referendum without the wording. The City Attorney said yes and mentioned the new law that prohibits encouraging the public to approve the question but stated factual information could be provided. Ms. Simchick asked if simply adding "that create jobs" would be challenged. Regular City Council Meeting September 9, 2009 Page Four 09.134 25-44 The City Attorney said any time you risk of a potential challenge. Mr. Wolff gave the example that if a providing new jobs, he asked would change the exact wording in a statute you run the business is expanding, paying more taxes, but not they not qualify if that stipulation is included. Mr. Hill said the adopted economic development plan requires the creation of new jobs. Ms. Coy pointed out the ordinance could contain more specific language. 6:46 pm Ms. Simchick requested the City Attorney to expand on his caution. The City Attorney said the referendum language would be upheld but the ordinance would not allow an abatement to be given to a company that wants to expand. Mayor Gillmor offered to make a secondary motion. Ms. Coy said she would like to retract her motion. The City Attorney read the amended language: "Shall the City of Sebastian be authorized to grant, pursuant to S. 3, Art. VII of the State Constitution, property tax exemptions to new businesses that create jobs and expansions of existing businesses that create new jobs." Ms. Coy and Mr. Hill agreed to amend their original motion to approve R -09 -33 with the referendum language as follows: "Shall the City Council of the City of Sebastian be authorized to grant, pursuant to S. 3, Art. VII of the State Constitution, property tax exemptions to new businesses that create jobs and expansion of existing businesses that create new jobs" Result of the Roll Call: Ayes: All Nays: None 5 -0 B. First Reading of Ordinance No. 0 -09 -13 Local Vendor Preference Set Public Hearing (City Manager Transmittal 9/3/09, 0- 09 -13, Melbourne's Ordinance, IRC's Ordinance) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO PURCHASING, AMENDING SECTION 2 -11 OF THE CODE OF ORDINANCES, ENTITLED LOCAL VENDOR PREFERENCE, WHICH PROVIDES FOR A LOCAL VENDOR PREFERENCE POLICY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Ordinance No. 0- 09 -13. Mayor Gillmor thanked the City Manager's office for their work on the ordinance and noted that the City has not been viewed as business friendly; and there are a lot of regional businesses that hire Regular City Council Meeting September 9, 2009 Page Five local folks. He suggested switching out the wording local "county" to local "region," amending section A and B by adding Brevard, Osceola, St. Lucie, Okeechobee and Martin counties; increasing the lowest bid percentage to 5 and adding a section H that would say, "Any dispute shall be presented to the City Manager for resolution and his decision would be binding for all parties." Ms. Simchick said she would have preferred to see all of the Mayor's changes in writing prior to the meeting for her and her constituents to review. The City Attorney explained the ordinance draws some lines, people on one side get a benefit and people on the other side don't; any time you do that you are creating the possibility of a dispute as to who qualifies and who doesn't which can get fairly heated. He said as an example the City takes the position as to who receives the benefit or another bidder takes the position as to who qualifies. He noted these disputes can hold the City up in the court system and his thought was to put a sentence in that "Any dispute that arises would be presented to the City Manager and his decision would be final and binding to all parties." Mayor Gillmor said local City guys would get the first shot at matching the local bidder, the ordinance preserves the lowest cost for jobs in the City, and sends a clear message of support for the City businesses. MOTION by Mayor Gillmor to approve the ordinance with the following changes on first reading: Switching out the wording local county to local region Amending section A and B by adding Brevard, Osceola, St. Lucie, Okeechobee and Martin counties Increasing the lowest bid percentage to 5% Adding a section H that would say, "Any dispute shall be presented to the City Manager for resolution with appeal to the City Council" Ms. Simchick said to move forward with a motion, with something that is not in writing, is unfair to her and her constituents, noting the definition of "region" is important. Mayor Gillmor pointed out that it was the first reading and it can be reviewed and changed by the second reading. Ms. Simchick asked the City Attorney if there was something written up that she could read during a recess. In response, the City Attorney said the three changes are: Expand the region to the whole Treasure Coast and Brevard -The benefits would be 5% for both the City businesses and region businesses -The addition of the sentence regarding the City Manager would resolve disputes Don Wright, 720 N. Fischer Circle, Sebastian, said expanding the resolution to a regional basis is important as some counties' resolutions have retaliatory language that would prohibit Sebastian businesses from competing. He asked what establishes a company doing business, citing an example of a new business with a phone and answering machine in a room. Regular City Council Meeting September 9, 2009 Page Six 7:13 pm Al Paternoster said he applauded Ms. Simchick's comments regarding the changes proposed by the Mayor. He asked the City Attorney if the applicants would understand that the City Manager would have the ultimate authority circumventing the court system. Mr. Hill called for a point of order and asked Mr. Paternoster to address the Chair. Mayor Gillmor asked the City Attorney to respond. The City Attorney said that is the intent and in other jurisdictions they have boards, the City Manager, or the court. Mr. Paternoster suggested forming an odd numbered committee to prevent the impression that the City Manager's decision was slanted. Damien Gilliams, 1623 US Highway 1, said this is bad for the tax payers, if he was a contractor he would not waste his time submitting a bid to the City because the locals have an advantage. He said a board is needed for discrepancies. Mr. Wolff said some good points have been bought up, he was not aware of the retaliatory language in other counties; he would prefer the inclusion of the bordering counties. Mayor Gillmor said the reciprocity in St. Lucie County gives local preference to all counties adjoining them as long as we give the same to them. In response to Mr. Wolff, Mayor Gillmor said he chose 5% (of lowest bid) to mirror the County's ordinance, and he noted all counties now have local preference ordinances so other counties are considering bordering companies. Mr. Wolff said the determination of bona fide businesses should be addressed. Mayor Gillmor noted section B, "A physical business address located within a region, in an area zoned for the conduct of such business, from which the vendor is operating a significant portion of its business, and at which maintains full time employees" would qualify. Mr. Wolff suggested the final determination should fall to the City Manager, with appeal to City Council as there will always be people who feel the cards are stacked against them. MOTION TO AMEND by Mr. Wolff and SECOND by Mr. Hill to delete the language that City Manager's decision shall be final and binding to all parties and in place of that the decision of the City Manager shall be appealed to the City Council. Ms. Simchick clarified that she is in favor of local business preference but to change the practice of how the City awards millions of dollars without having time to research the proposed changes is unfair to her constituents and she would not be supporting this reading. Regular City Council Meeting September 9, 2009 Page Seven Result of the roll call on the amendment: Ayes: Coy, Wolff, Gilimor, Hill Nays: Simchick 4 -1 Ms. Coy said she supported all of the Mayor's changes. The City Attorney suggested holding the public hearing on October 14 2009. Result of the roll call on the main motion: Ayes: Wolff, Gilimor, Hill, Coy Nays: Simchick 4 -1 09.135 C. Resolution No. R -09 -31 Florida Recreation Development Assistance Program 45-103 Grant (City Manager Transmittal, R- 09 -31, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CITY MANAGER AND OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM, PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Manager explained this is a resolution in support of the City's application to the Florida Recreation Development Assistance Program (FRDAP) for a grant for the splash pad canopy. He noted that if awarded, the City can spend the canopy's allotted Capital Improvement Program (CIP) monies somewhere else. MOTION by Mr. Hill and SECOND by Ms. Coy to approve the grant application for the splash pad canopy. Don Wright, Chair of the Parks and Recreation Committee, said the committee discussed application for this grant as well as application for a grant to improve the CAVCORP property and he asked what happened to the CAVCORP grant. The City Manager explained that $750,000.00 was set aside in the CIP for both projects but it has not been discussed at the CRA level and he was concerned that application would lock Council into both improvements; but he offered that if Council wanted to commit to both projects, the resolution could be amended and about $400,000 would still be needed from the CRA to complete the projects. He also offered to apply for the CAVCORP improvements in the next FRDAP grant cycle. Joe Scozzari, Sebastian, said the City Manager has the authority to spend up to $15,000 and waive annexation fees and he asked why he must come to Council to apply for a grant. Mr. Hill said the fee waiving was approved by Council. He asked the Mayor to ask the City Manager to explain why. Regular City Council Meeting September 9, 2009 Page Eight The City Manager said every grant encumbers public funds and the granting jurisdictions require a backing of support through resolutions of the governing body that the local jurisdiction is going to spend the money in the appropriate way and live up to the regulations of the grant. Damien Gilliams, 1623 US Highway 1, said the City needs more property on the riverfront while the market is right and suggested taking care of the two projects later. Result of the roll call: Ayes: All Nays: None 5 -0 09.136 D. Resolution No. R -09 -32 Treasure Coast Council of Local Governments (City 105 -109 Clerk Transmittal, R- 09 -32) A JOINT RESOLUTION BY AND BETWEEN THE CITY OF FORT PIERCE, THE CITY OF PORT ST. LUCIE, THE CITY OF STUART, THE CITY OF FELLSMERE, THE CITY OF VERO BEACH, THE CITY OF SEBASTIAN, THE CITY OF OKEECHOBEE, THE TOWN OF SEWALL'S POINT, THE TOWN OF INDIAN RIVER SHORES, THE TOWN OF JUPITER ISLAND, THE TOWN OF ST. LUCIE VILLAGE, FLORIDA MUNICIPAL CORPORATIONS; INDIAN RIVER COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY AND ST. LUCIE COUNTY, POLITICAL SUBDIVISIONS OF THE STATE OF FLORIDA; THE SCHOOL DISTRICT OF INDIAN RIVER COUNTY, MARTIN COUNTY SCHOOL DISTRICT, OKEECHOBEE COUNTY SCHOOLS AND ST. LUCIE COUNTY SCHOOL BOARD, AMENDING RESOLUTION 03 -126; AMENDING THE ARTICLES OF INCORPORATION FOR THE TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS, INC. The City Attorney read the title of Resolution No. R- 09 -32. The City Manager said the Treasure Coast Council has been in existence for three or four years and they are now requesting to include the School Board. MOTION by Mr. Hill and SECOND by Ms. Coy to approve Resolution No. R- 09 -32. Mr. Wolff said the focus of the School Board should be on the students and teachers instead of the administration, noting the members are absent in the students' and teachers' lives. He did not think their inclusion was necessary. Ms. Coy asked Mayor Gillmor for some background on the Council's request. 7:44 pm Mayor Gillmor, member of the Treasure Coast Council, explained the Council has been in existence since 2003 and they think the School Board's inclusion will give the Council the opportunity to tell the School Board the importance of educating kids so we might have a better workforce. Ms. Coy, member of the IRC Economic Development Committee, said there are representatives from the School Board, Indian River State College (IRSC), and the Workforce Development Board on her committee and she has noticed the School Board has enough on their plate right now including long term tax problems. She Regular City Council Meeting September 9, 2009 Page Nine suggested including representatives from IRSC and other training organizations on the Council as they would provide faster implementation training opportunities to improve the workforce. Result of the roll call: Ayes: Gillmor, Hill, Coy, Simchick Nays: Wolff 4 -1 09.137 E. Change November and December Regular Meeting Schedules As Recommended 111 to November 18, 2009, December 2 and 16, 2009 (City Clerk/Citv Manager Transmittal) MOTION by Mr. Hill and SECOND by Ms. Coy to approve staff recommendation. Ms. Coy said she has a commitment for December 2 and she asked if the December dates could be the 9 and the 16 There was a 5 -0 voice vote in favor of holding meetings on November 18 December 9th and 16 Added 12 F. Comcast High Speed Internet Service Ms. Coy said the City has lost their second possible tenant at the Airport Administration building because there is no high speed internet access. She said Mr. Griffin has been trying to get Comcast to provide affordable service, they have made offers that have changed at the last minute, and they haven't been friendly to the City of Sebastian. She asked Council to authorize the City Manager to fund the expenditure of $19,000 to save the tenant and provide a service that should be at the Airport. The City Manager explained there was a franchise agreement requiring certain community services but it has expired and there is an argument that Comcast didn't live up to their end of the agreement. He said Mr. Griffin has been working for two and half years for services but Comcast wants to charge the City an $18,000 construction fee for installation. He said in his opinion the Airport Director should continue to fight but since we are losing possible tenants, we should purchase the service which could be funded by some outstanding FAA grant monies. Mr. Hill said the adopted economic development plan provides the authorization for implementing the high speed internet. Ms. Simchick said the CDBG Entitlement Section 108 loan is a perfect way to pay for this along with water hook -up to the Airport. Ms. Coy said she would like to just authorize the City Manager to get it done to save the tenant. MOTION by Ms. Coy to authorize the City Manager to take money from the Airport fund. Regular City Council Meeting September 9, 2009 Page Ten Mr. Wolff asked what is the difference between the DSL available from BellSouth and high speed internet from Comcast. The Airport Director said the high speed internet would give more upload capabilities than download capabilities and the interested company has a need to upload insurance documents. Mr. Wolff asked if the T -1 line is still in existence and it's cost. The Airport Director said it is still in existence and the annual cost is $12,000. Mr. Wolff asked if the T -1 line can be used for the tenants. The Airport Director said the company's line must be kept sterilized from the City system to keep the Finance and Police Department operations safe. Joe Scozzari reiterated the Comcast construction cost is $18,000 and he asked who was the other company the City was considering. Mayor Gillmor told Mr. Scozzari that was not the case and he asked the City Manager how long it would take to install the internet. The City Manager said he met with Comcast last week and they are reconfiguring the price. Mayor Gillmor said he didn't want to spend the money and have the company say they are going to lease elsewhere. Mr. Hill said others will be able to use the internet access. The City Manager offered to have the Airport Director call the company tomorrow and let them know there will be a lease agreement on the next agenda and then he will call Comcast to come out and install. Mr. Hill SECONDED the motion. Result of the roll call: Ayes: All Nays: None 5 -0 13. CITY ATTORNEY MATTERS none. 14. CITY MANAGER MATTERS none. 15. CITY CLERK MATTERS The City Clerk said the internet has been down due to a Laserfiche upgrade which was completed on Tuesday. She noted there will be two training webinars open to the public on September 17 at 10:00 a.m. and September 21 at 2:30 p.m. in the Council Chambers which will also be broadcast on Channel 25. Regular City Council Meeting September 9, 2009 Page Eleven Richard H. Gilimor, Mayor ATTEST.. Sally A. Maio, C City Clerk 16. CITY COUNCIL MATTERS A. Council Member Wolff Mr. Wolff announced the Sebastian Jr. Women's Club will present Murderous Crossings Mystery Dinner Theater at the Eagles Nest Restaurant on September 12 tickets are $35.00 and more information can be received by calling 589 -7990. He also announced an expert panel discussion of Water, Weeds, and Wildlife at the North County Library on September 15 at 7:00 p.m. with free admission. B. Mayor Gillmor none. C. Vice Mayor Hill none. D. Council Member Coy none. E. Council Member Simchick none. 17. Being no further business, Mayor Gilimor adjourned the regular city council meeting at 8:11 p.m. Approved at the September 23, 2009 Regular City Council Meeting.