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HomeMy WebLinkAbout09232009City 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, SEPTEMBER 23, 2009 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the regular meeting to order at 6:45 p.m. 2. Rabbi Goldring, Congregation Beth El gave the invocation. 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 Growth Management Director, Rebecca Grohall Police Chief, Michelle Morris Police Captain, Mike Beyer Parks Supervisor, Chris McCarthy MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Regular City Council Meeting September 23, 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. 09.128 A. Presentation of Certificate of Appreciation to Frank Garland Former Construction Board Member Mr. Garland was not present. 09.138 B. Presentation of Plaque Employee of the Second Quarter Barbara 1 Brooke -Reese MIS Senior Systems Analyst Mayor Gillmor read Ms. Brooke Reese's accomplishments and presented her with a plaque and savings bond. C. Brief Announcements Ms. Coy invited the public to the free McKee Botanical Garden Open House on October 3 from 10:00 a.m. to 5:00 p.m. Mr. Wolff welcomed the Sebastian River High students who were in attendance for a class assignment. 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 -13 A. Approval of Minutes 9/9/09 Regular Meeting 15-18 B. Approval of Minutes 9/14/09 Special Meeting 09.139 C. Approve Road Closure for Substance Awareness Council 5K Run Fundraiser 19-22 Saturday, January 2, 2010 7:30 am to 9:30 am Indian River Drive from Harrison Street North to Jackson Street (Parks Transmittal, Application, Info) 09.140 D. Approve Road Closure for Sebastian River Middle School IB Program 5K Run 23 -28 Fundraiser Saturday, November 14, 2009 6:45 am to 9:30 am Indian River Drive from Harrison Street North to Jackson Street (Parks Transmittal, Application, SRMS Letter) MOTION by Mr. Hill and SECOND by Ms. Coy to approve consent agenda items A -D 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. 2 Regular City Council Meeting September 23, 2009 Page Three 09.141 A. Police Pension Board of Trustees 29 -58 i. Appoint Two Resident Positions for Two Year Terms (City Clerk Transmittal, FS 185.05, 5 Applications, Board List, Press Release) Ms. Bastian described her background and said she would like to stay challenged in the investment arena. Mr. Tanner said he was retired from the New York City Police Dept., and has diverse risk experience. Mr. Taracka said he has been a board member for the last four years and he would like to continue. Mr. Thibodeau said he was retired from the Springfield Massachusetts Police Dept. and was looking for a volunteer opportunity. Mr. Zomok was not in attendance. The following nominations were made: Mr. Hill nominated Mr. Taracka Mr. Wolff nominated Mr. Tanner Ms. Simchick nominated Mr. Thibodeau Mayor Gillmor nominated Ms. Bastian The result of the roll call on the first position was: Mr. Hill Taracka Ms. Coy Taracka Ms. Simchick Tanner Mr. Wolff Taracka Mayor Gillmor Taracka Mr. Taracka was appointed to the first position. Using the same nominees, the result of the roll call on the second position was: Ms. Coy Bastian Ms. Simchick Tanner Mr. Wolff Tanner Mayor Gillmor Bastian Mr. Hill Tanner Mr. Tanner was appointed to the second position. Mayor Gillmor thanked everyone who applied and encouraged them to apply for another board vacancy. 3 Regular City Council Meeting September 23, 2009 Page Four 9. PUBLIC HEARINGS 09.129 A. Second Reading and Final Adoption of Ordinance 0 -09 -12 Noise (City Attorney 59 -64 Transmittal, Memo, 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 No. 0 -09 -12 by title and the Mayor opened the public hearing 7:09 p.m. Mayor Gilimor explained in the past there was a noise ordinance but it was lost in code reshuffling, there has always been City involvement with loud noises and this will now give the Police Department an enforcement measure. Damien Gilliams, 1623 US Highway 1, asked if the ordinance included the City when they have concerts at Riverview Park. Mayor Gilimor replied all businesses are exempt. The City Attorney confirmed any activity authorized by City Council or the City Manager is exempt from this ordinance. Mr. Gilliams continued by saying he was planning on acquiring a decibel reader as the City breaks the law constantly. Ms. Coy called for a point of order, stating certain remarks that are slanderous are prohibited; and she took some of his remarks as slanderous. Mayor Gillmor concurred, and Mr. Gilliams said, "To the honorable Mrs. Coy..." Mayor Gilimor gave him a second warning. Tom Collins, Capt. Hiram's, said this issue came to his attention three or four months ago and said when a neighbor isn't courteous to a neighbor there needs to be some "teeth." He said he has talked with Mrs. Ferrell who has come to him with loud music complaints and they have done everything they can do. He urged Council to be cautious when talking about curtailing business interests; they are open to any suggestions; and he would appreciate a call on any issues. Joe Scozzari, Sebastian, said he thought the ordinance was five decibels over a 60 decibel reading. The City Attorney said it would be five over what you hear without the noise. Mr. Scozzari said he hears nothing in his neighborhood at 6:30 in the evening, and five decibels above would be his speaking voice. He suggested looking into decibel levels. Mr. Hill clarified it is five decibels or more at the nearest property line. 4 Regular City Council Meeting September 23, 2009 Page Five MOTION by Ms. Coy and SECOND by Mr. Hill to approve Ordinance No. 0- 09 -12. Result of the roll call vote: Ayes: All Nays: None Passed 5 -0 10. UNFINISHED BUSINESS none. 11. PUBLIC INPUT Damien Gilliams, 1623 US Highway 1, said Council must have a vote when a point of order is called. He said up to this month the City has been spending approximately $1.5 to $1.8 M without going to bid which concerns him as the City is going to take $84,000 out of the reserves. Ms. Simchick cited F.S.287 which outlines requirements for purchasing. The City Manager said she was correct and additionally the City has a purchasing ordinance. Ms. Simchick asked Mr. Gilliams for certain instances of the City's overspending. Mr. Gilliams said Council should request an audit as the City is spending without due diligence. Joe Scozzari, Sebastian, said he provided the spending documents that Mr. Gilliams referenced and said "you can nickel and dime yourself to wealth" as well. Mr. Wolff asked him to name the top three overspent items from his recollection. Mr. Scozzari said the dog park fence, and some Police Department items that donations paid for. He said there are retirees that can help department heads shop. He asked how much department heads are allowed to spend before coming to the City Manager. Ms. Simchick said the department heads spend within their budget, with the comptroller reviewing it. The City Manager briefly explained the operating expenses on page 48 of the budget which show a declining trend for the City. He said anything over $750 requires a bid, then up to $15,000 he can approve, and after that Council must approve. Mr. Scozzari asked if the City stayed within budget or went over. The Mayor said the City went a little over. Ms. Coy asked Mr. Wolff if he heard three items for which the City overspent from Mr. Scozzari. Mr. Wolff said he heard fencing for the dog park and police items. 5 Regular City Council Meeting September 23, 2009 Page Six Mr. Scozzari shouted from the audience it was a dog muzzle for $38.00 and the Mayor gave him a warning. 12. NEW BUSINESS 09.015 A. George Street Ditch Rehabilitation Proiect (City Manager Transmittal, 65-105 Agreement, Recommendation) The City Manager described the bid responses, noting staff's recommendation of Sunshine Land Design is within the proposed local vendor guidelines. MOTION by Mr. Hill and SECOND by Mr. Wolff to approve recommendations 1, 2, and 3 from staff. Damien Gilliams, 1623 US Highway 1, said it is good to see things going out to bid, suggested cutting out the drainage tax (stormwater assessment) when the drainage is all straightened out. He said he paid for a site plan which included drainage and has to pay the drainage tax which is double taxation. Mr. Wolff asked if it would be too difficult to ask Sunshine Land Design to accept the low bid of $76,093. The City Manager explained it was a line item bid, it would upset the bidding process, and the numbers are pretty much there. In response to Ms. Coy, the City Manager said we have had a good working relationship with Sunshine Land Design. Result of the roll call vote: Ayes: All Nays: None Passed 5 -0 09.142 B. NationAir Insurance Group Airport Lease Agreement (Airport Transmittal, 107 -128 Lease, Schedules) The Airport Director said NationAir Insurance Group has made an application to rent a wing at the Airport Administration Building for $8.50 a square foot which has been approved by FDOT. He noted the lease package includes an airport tie down. MOTION by Mr. Hill and SECOND by Mr. Wolff to approve. Damien Gilliams, 1623 US Highway 1, said the last lease he did was for $15.00 a square foot and asked if there was an appraisal in the file. He suggested taking this off the agenda and have two appraisals done so the taxpayer knows what the property is worth. In response to Ms. Simchick, the City Attorney advised that an appraisal was not required by FDOT or FAA. 6 Regular City Council Meeting September 23, 2009 Page Seven Mr. Hill said it was wonderful to see business coming to the community and thanked the Airport Director. Mayor Gillmor reminded everyone what we are not receiving anything for the property now. Mr. Wolff said the building has been unoccupied for four years, by getting people in the building, they will bring more people and in five years we can re- negotiate the price of the lease. Ms. Coy also thanked the Airport Director. The Airport Director said a lot of the credit must also be given to the City Manager and City Attorney. Result of the roll call vote: Ayes: All Nays: None Passed 5 -0 13. CITY ATTORNEY MATTERS none. 14. CITY MANAGER MATTERS 09.143 A. KB Homes Settlement Update (City Manager Transmittal, Minutes, Previous 129 -136 Transmittal, Offers) The City Manager reported that he has accepted KB Homes settlement in the amount of $10,000 which was approved by Council in 2008. 09.144 B. Furlough Day Report (City Manager Transmittal) 137 The City Manager said he is beginning to plan for the furlough days which is asking the all of the employees to take a 5% pay cut except for the PBA who will be receiving a raise through their contract but end up breaking even with the furlough days. He said the days were listed in the agenda packet but they have been nullified and rescheduled as stated in his Sept. 21 e-mail to Council. (copy attached) He said staff will do their very best to keep four police officers on the streets at all times. He noted the police dispatchers are short staffed and will probably not be furloughed; and the Golf Course employees have offered to work without pay to stay open. Purchasing The City Manager said he understood the season (of questioning purchasing) and with Council's guidance he has tried to bring down taxes. He recalled his first budget in which Council wanted to reach rolled -back which was done by 7 Regular City Council Meeting September 23, 2009 Page Eight eliminating the two procurement employees and placing the procurement responsibilities onto the department heads which has saved $750,000 in personnel costs to date. He said the success was measured by decreasing personnel, operating and capital costs. He said at that time he instituted a procurement program with the department heads and displayed the regulations on the overhead screen (attached). In response to Council's renewed directive to spend money locally he cited how much money has been spent since 10/1/08 to date: 932,256 in Sebastian 534,895 in Indian River County 1.26 M in the region 3.2 M outside the region 3 M out of state The City Manager noted part of the outside the region amount is the S.E. Cline Collier Creek project which is out of Palm Coast. He said the out of state amount includes the wall material from a Georgia company and computer supplies from AT &T. He said we are doing our best to use the vendors in town and spending our money wisely. 15. CITY CLERK MATTERS none. 16. CITY COUNCIL MATTERS A. Mayor Gillmor Mayor Gillmor said one of his friends had recently come down with H1 N1 virus and urged people to check with their doctor to see if they need a flu shot. B. Vice Mayor Hill Mr. Hill asked the City Manager to look at some solutions to the hodge podge of signs at the entrance of Main Street to the Airport. He said it is silly season tonight and commended the Mayor for the way he handled the meetings tonight. C. Council Member Coy Ms. Coy asked how many high school students were still in attendance and asked one young lady to come to the podium. Lindsey Wexler, student, said they were assigned a government project and had to write a paper giving their opinion on what they observed tonight. 8 Regular City Council Meeting September 23, 2009 Page Nine Ric and Gillmor, Mayor ATTEST: Sally A. Maio, C City Clerk D. Council Member Simchick Ms. Simchick said it was a great night for the kids to see diversity. She said the Boy Scouts will be in front of Publix on Roseland Road and Sebastian Blvd. this weekend selling popcorn and encouraged everyone to support their local boy scouts. E. Council Member Wolff none. 17. Being no further business, Mayor Gillmor adjourned the regular meeting at 8:07 p.m. Approved at the October 14, 2009 Regular City Council Meeting. 9 Sally Maio From: Alfred Minner Sent: Monday, September 21, 2009 3:40 PM To: council Cc: Dept Heads Subject: Furlough Days Page 1 of 1 Under my matter on the September 23rd agenda, I had planned to discuss the schedule for the furlough days being planned for FY 2010. I went as far to provide you a list of dates. However, those dates are no longer being considered. I will inform Council that Wednesday evening. In making that list, staff used holidays, Council meeting dates and other data to prepare the dates. One avenue we forgot however, were how these days fell over the ability to get payroll completed on short weeks, as well as not wanting employees to receive back -to -back paychecks with furlough shortages. Therefore, the following dates have been reviewed and will be adopted, should council approve the FY 2010 budget. I think these days are also more consistent and will help the public manage the City Hall closures as well. Friday, October 23rd Friday, November 20th Thursday, December 31st Friday, January 29th Friday, February 26th Friday, March 26th Friday, April 30th Friday, May 28th Friday, June 25th Friday, July 30th Friday, August 27th Friday, September 24th Sorry for the confusion on this matter. Al Minner City Manager City of Sebastian 9/24/2009 PURCHASING POLICIES AND PROCEDURES PREPARED BY AL MINNER CITY MANAGER LEVEL IA SPENDING UP TO $750 No Bidding Required No Procurement Documentation Needed No Purchase Order Needed •Just Buy Required Item •And Save Your Receipts or Invoices No Increase in Purchasing Cards ($250 Limit) Use Direct Billing, Active Accounts, Etc. Oversight By Procuring Department, Finance Department and City Manager LEVEL I B SPENDING $751 $2,500 No Bidding Required Purchase Order Required Procuring Department to Complete a "Purchasing Document Packet" Which Shall Include: 1. PO (include pricing information if available) 2. Any Other Required Requisition Form (i.e. sole source form, etc.) City Manager's Office to Review for Completeness and Accuracy Completed Purchasing Document Packet Shall be Filed /Logged in City Manager Office LEVEL 11 SPENDING $2,501 5,000 VERBAL QUOTES PO Required Complete Any Other Required Requisition Form Obtain /Document 2 Verbal Vendor Quotes on Verbal Quote Worksheet Procuring Department to Complete a "Purchasing Document Packet" Which Shall Include: I. PO 2. Any Other Required Requisition Form 3. Completed Verbal Quote Worksheet HOME 't`1F PU ISLAND City Manager's Office to Review for Completeness and Accuracy Completed Purchasing Document Packet Shall be Filed /Logged in City Manager Office LEVEL IIIA SPENDING 5,001 $15,000 WRITTEN QUOTES PO Required Complete Any Other Required Requisition Forms Obtain and Document 3 Written Quotes and Document on Written Quote Worksheet Procuring Department to Complete a "Purchasing Document Packet" Which Shall Include: I. PO 2. Any Other Required Requisition Form 3. Completed Written Quote Worksheet 4. Must Provide the Vendor Written Quotes City Manager's Office to Review for Completeness and Accuracy Completed Purchasing Document Packet Shall be Filed /Logged in City Manager Office LEVEL IIIB SPENDING $15,001 $25,000 WRITTEN QUOTES w/ COUNCIL APPORVAL PO Required Complete Any Other Required Requisition Form Get and Document 3 Written Quotes and Document on Written Quote Worksheet Procuring Department to Complete a "Purchasing Document Packet" Which Shall Include: I. PO 2. Any Other Required Requisition Form 3. Completed Written Quote Worksheet 4. Must Provide the Vendor Written Quotes 5. Council Transmittal Letter City Manager's Office to Review for Completeness and Accuracy Placed on Council Agenda For Review Upon Council Approval, Completed Purchasing Document Packet Shall be Filed /Logged in City Manager Office LEVEL IV SPENDING $25,000 FORMAL SEALED BIDS On All Levels Local Vendor Preference Prepare Bid Packets w/ Assistance From City Manager's Office Bid Packet to be Reviewed and Approved by City Manager Follow All Statutory Bidding Guidelines Council Approval Required Upon Council Approval, Completed Purchasing Document Packet Shall be Filed /Logged in City Manager Office