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HomeMy WebLinkAbout10282009CITY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 28, 2009 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION Rev. David Foster, Tabernacle Ministries 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 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. Brief Announcements 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 -10 A. Approval of Minutes 10/14/09 Regular Meeting Minutes 09.053 B. Resolution No. R -09 -42 Amending R -09 -17 Working Waterfronts Committee 11 15 Composition (GMD Transmittal, R- 09 -42) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE TEMPORARY WATERFRONT COMMITTEE; AMENDING AND RESTATING RESOLUTIONS NO. R -09 -17 AND R- 09 -23; MODIFYING THE COMMITTEE COMPOSITION; PROVIDING FOR CONFLICT; PROVIDING FOR A TERM AND AN EFFECTIVE DATE. 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. 9. PUBLIC HEARINGS None 10. UNFINISHED BUSINESS 11 PUBLIC INPUT (Procedures on Back of Agenda) 12. NEW BUSINESS 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Coy C. Council Member Simchick D. Council Member Wolff E. Mayor Gillmor F. Vice Mayor Hill 17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are Aired Live on Comcast Channel 25. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENSE UPON WHICH THE APPEAL IS TO BE HEARS. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetings: November 9, 2009 Special Meeting 6:00 pm November 18, 2009 Regular Meeting 6:30 pm December 9, 2009 Regular Meeting 6:30 pm December 16, 2009 Regular Meeting 6:30 pm 2 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -09 -05 Regular City Council Meetings Public input is ALLOWED under the headings: Consent Agenda Public Hearings Unfinished Business New Business Public Input Public input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES, however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input. Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Chair to Control Meeting In controlling the meeting during public input, the Chair will take the following actions: First Offense verbal warning to move on. Second Offense offender is directed to be seated. Third Offense (refusal to be seated or other disruptive acts offender will be asked to leave the premises) Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 3 QTY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 14, 2009 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the Meeting to order at 6:30 p.m. 2. The invocation was given by Reverend Mark Patterson, Alliance Community Church. 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, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Parks Supervisor, Chris McCarthy Deputy Police Chief, Greg Witt Police Captain, Bob Lockhart MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members CRAFT Ms. Coy asked that agenda item 12B Stan Mayfield Working Waterfront Resolution R -09 -41 be moved up to item 8 due to the fact that many people were in attendance to address it following the working waterfront video premiere shown prior to the meeting. There was a voice vote of 5 -0 to move the item forward. Regular City Council Meeting October 14, 2009 Page Two DRAFT 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. 09.048 A. Presentation by Indian River Commissioner Peter O'Bryan Relating to the City of Sebastian Tax Abatement Referendum (PowerPoint Presentation) Commissioner O'Bryan gave a brief power point presentation (see attached), offered the assistance of Commission members in endorsing the ballot question, and then read a resolution from the County Commission in support and presented it to Mayor Gilimor. 09.128 B. Certificate of Appreciation to Frank Garland Nine Years of Construction Board Service Mayor Gilimor presented a Certificate of Appreciation to Frank Garland. 09.145 C. Proclamation Honoring the 2009 World Canopy Relative Work Gold Medal Team That Trained at Skydive Sebastian Mayor Gilimor read and presented the Proclamation to the team representative. 09.146 D. Proclamation Honoring the Friends of St. Sebastian River 20 Anniversary 3 Mayor Gilimor read and presented the Proclamation to Dr. Tim Glover, President of the Friends of St. Sebastian River. Dr. Glover announced an anniversary celebration October 23 at Hobart Park from 3 to 6 pm. 09.087 E. Federal 2010 Census Representative Ann Pierre Request for City Committee Census Representative, Ann Pierre introduced Sebastian representative on the Indian River County Complete Count Committee Member, Robin Ware, and urged the City to form its own complete count committee to promote awareness in the community. Ms. Coy suggested rather than the City forming a committee that would have to be under the Sunshine law, the City could advertise for volunteers to assist Ms. Ware. Mr. Wolff said Ms. Ware is going to need some help handing out information at the Clambake event. Ms. Simchick suggested advertising the Census in the Pelican Brief. Ms. Ware then showed a brief video on the importance of the 2010 Census and distributed copies of the County Complete Count Committee draft minutes (see attached). 2 Regular City Council Meeting October 14, 2009 Page Three Brief Announcements None. 5 -8 A. Approval of Minutes 9/23/09 Special Meeting Minutes 9 -17 B. Approval of Minutes 9/23/09 Regular Meeting Minutes CRAFT 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. 09.059 C. Approve Change Order #8 to S.E. Cline in the Amount of $27,805.00 for 19 -23 Additional Materials for the Collier Canal Project (Administrative Services Transmittal, Change Order, E -Mail, Summary) 09.147 D. Approve Alcoholic Beverage Use Yacht Club for Ford Wedding Reception on 25-29 October 24, 2009 from 1:00 5:00 p.m. (Parks Transmittal, Application, Receipt) 09.148 E. Authorize the Mayor to Execute Addendum to Law Enforcement Agencies 31 -47 Interlocal Crime Lab Agreement (City Clerk Transmittal, Agreement, Addendum) 09.149 F. Approve Applied Aquatic Management, Inc. Weed Control Contract Based on 49 -68 Piggyback Rates from DEP Contract for Time and Materials (PW Transmittal, Cost Estimate, DEP Contract) MOTION by Ms. Coy and SECOND by Mr. Hill, to approve consent agenda items A through F. Result of the roll call vote: AYES: All NAYES: None Passed 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. 3 Regular City Council Meeting October 14, 2009 Page Four DRAFT 09.041 A. Resolution No. R -09-41 Stan Mayfield Working Waterfronts Grant Program 139 -161 Proposed Modification (GMD Transmittal, R- 09-41, Grant Application Form) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, REQUESTING A BOUNDARY MODIFICATION AND INCREASING FUNDING ALLOCATION FOR THE APPROVED STAN MAYFIELD WORKING WATERFRONT GRANT; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. This item had been moved up during Agenda Modifications. The City Attorney read Resolution No. R -09 -41 by title. The City Manager gave a Power Point presentation on the request for the boundary increase (see attached). He noted the Dabrowski parcel is a working waterfront, other communities are anxious to get some of the grant money and the legislature will potentially take back funds that haven't been spent. He recommended approval of the grant modification as set out in the transmittal and his presentation. MOTION by Ms. Coy and SECOND by Mr. Hill to approve Resolution No. R- 09-41. John Conway, Chairman of the Working Waterfronts Committee, said when the committee saw that the Sebastian Entertainment Center property was not going to be an option, they looked at the Dabrowski property and were seeking approval from Council to move approve the modification. Ms. Simchick said she was supportive of this, and thanked the committee and the City Manager. Ms. Coy concurred and said now is the time to jump start the district. Mayor Gillmor said he was also in agreement. Mr. Wolff mentioned Indian River taxpayers purchased the Archie Smith fish house, and it was said then it was the last working waterfront area, and asked why it is now deemed not to be a viable working waterfront area. The City Manager said since the storms it has been used primarily for clamming operations, the water is not deep enough to accommodate fishing boats and that is why they needed the Captain Butcher property. Mr. Wolff asked why they previously listed $2 M for this new site in the Fisherman's Landing grant application and now we might be able to purchase it for $1 M. The City Manager responded that the price is based on current market conditions. Mr. Wolff said in the grant application it is mentioned that the fish house and decking were destroyed in the hurricanes and asked what type of money will be needed to replace them. The City Manager responded that the local fishermen have dug into their own pockets to begin the rehabilitation and his guess would be that the project cost would be approximately $1 M. Mr. Wolff said he was pleased about obtaining the Hurricane Harbor property and suggested putting the $500,000 into rehabilitation of that building. 4 Regular City Council Meeting October 14, 2009 Page Five DRAFT The City Manager said it will take reallocation of CRA projects and if Council should decide to pursue a new grant, then we go back to CRA and start shifting projects to come up with funds from Recreation impact fees, DST or CRA. Mr. Wolff asked how we ensure we don't end up with a derelict project such as what the Archie Smith fish house has become, and the City Manager responded that we will need to change priorities and look to small revenue streams such as the eco tourism venture. Ms. Simchick asked if we could use the CDBG grant for $88,200 and the 108 loan for five times that amount at 2% interest to roll over for economic development at Hurricane Harbor and the City Manager stated as long as we identify an area that meets the LMI restrictions or the job creation restrictions. Ms. Simchick asked that the Working Waterfronts Committee be made aware of this to draw into their plans. Mayor Gillmor said he spent time with Mr. Sembler at the Dabrowski site, and noted a lot of dock work has been completed by the fisherman already, citing a 150' x 20' dock that had been replaced in a weekend for only the cost of materials. He said they have a vision for that waterfront and noted there are other grants out there. The City Manager said he was correct and said we should mention in the lease agreement that they should seek grant funds. He said we are essentially looking to invest back into waterfront. Result of the roll call vote: AYES: All NAYES: None Passed 5 -0 9. PUBLIC HEARINGS 09.134 A. Second Reading, Adoption Hearing of Revised Ordinance No. 0 -09 -13 Local 69 -75 Vendor Preference (City Attorney Transmittal, 0- 09 -13) 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. (1 Reading 9/23/09 Revised, Advertised 9/30/09 PJ Legal Ads) Mayor Gillmor opened the hearing at 7:35 pm and the City Attorney read Ordinance No. 0 -09 -13 by title. 5 Regular City Council Meeting October 14, 2009 Page Six Result of the roll call vote: AYES: All NAYES: None Passed 5 -0 10. UNFINISHED BUSINESS None 11. PUBLIC INPUT (Procedures on Back of Agenda) Holly Dill also supported the correction of th fast tracked, asked that no additional lease or if they are, the 50 foot buffer be included, waivers of the 50 foot buffer will be allowed. from the Department of Agriculture after the included trees in the airport buffer which ind time. Damien Gilliams, 1623 US 1, said what tooN Mayor Gillmor said he spent time at the wor installed, then went on to say he, himself, c told he needed a site plan. He asked the M DRAFT MOTION by Mr. Hill and SECOND by Mayor Gillmor move to enact Ordinance 0- 09 -13. Ms. Simchick cited circle page 72, section b, and asked if the language is firm enough to prevent someone from establishing an address after the RFP goes out to be qualified as a local vendor, and whether there should be a specific time limit for establishment of a business. The City Attorney said there is no specific time frame, but the language is written in present tense, however, if Council wants a time frame that is a policy decision for Council. Ms. Simchick cited circle page 74, and asked if that would include sole source and single source and the City Manager said yes. Dr. Tim Glover, President, Friends of St. Se astian River, encouraged Council to support putting the buffer wording back in a d to reconsider the appeal based on this new information. 50 foot buffer, asked that the review be be approved while the process takes place and that language be established that no She noted that the City received a grant hurricanes to plant trees in the City and it cated additional support for the buffer at that place at the airport was a travesty. He said :ing waterfront and there was a dock me before P Z to put in a dock and was iyor why staff was doing special favors for special people and how he could get a dock (without a site plan. He thanked Mr. Wolff for asking the hard questions and said he hoped other people who come before P Z get treated like other people in the commune y. 6 Regular City Council Meeting October 14, 2009 Page Seven 12. NEW BUSINESS DRAFT 09.132 A. Resolution No. R -09 -40 Sebastian Municipal Airport Runway 4/22 77 -138 Rehabilitation and Improvements (Airport Director Transmittal, R- 09 -40, JPA, Bid Tab, Contracts) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING FOR RUNWAY 4/22 DESIGN AND CONSTRUCTION, RUNWAY REHAB, LIGHTING AND MARKING; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R -09 -40 by title. The Airport Director briefly explained this originated last year with a JPA for design only and he now has received a FAA grant for design as well as construction. He cited the other three approvals required in the agenda transmittal under recommended action which are: move to fund, from Airport Contingency, the increase in the `match' participation for the project by $6,152. move to award West Construction the construction services contract for the Runway 4/22 Improvements Project at the Sebastian Municipal Airport, not to exceed $306, 956 move to award the LPA Group the work authorization for professional services for the Runway 4/22 Improvement Project at the Sebastian Municipal Airport, not to exceed $87,289 Mayor Gillmor asked if we would be voting four times, and the City Manager said the motion could include all four recommendations. MOTION by Ms. Coy and SECOND by Mr. Hill. to approve Resolution No. R -09 -40 in addition to moving funds for the project as stated in item 2, in addition to awarding West Construction as stated in item 3, in addition to moving the award the LPA Group the work authorization for professional services as stated in item 4. Mr. Wolff congratulated the Airport Director, and asked that he ensure that LPA does the job they are being paid for. Ms. Coy noted they are the group that lost the airport buffer and agreed with his comment. Ms. Simchick asked if we retained Kimley -Horn for Airport work and the City Manager said we did but LPA has history with this project and staff did not know about the buffer situation when this RFP was prepared. Result of the roll call vote: AYES: All NAYES: None Passed 5 -0 7 Regular City Council Meeting October 14, 2009 Page Eight 13. CITY ATTORNEY MATTERS None 14. CITY MANAGER MATTERS The City Manager said Mr. Hill had reques modify Resolution R -09 -17 which created t move into negotiating the building leases, rather than member and then add another resolution and bring it back to the October Mr. Wolff asked if there would be a conflict or someone who is with Fisherman Landing, Inc. to be on the committee. The City Attorney said he would review tha and we can talk about it at the next meeting. Ms. Simchick suggested the City Manager nd City Attorney discuss it and present it in the agenda packet appropriately. The City Attorney said with the current stru trigger the conflict, that person could declar keeps happening than the person shouldn't Ms. Simchick asked if the conflict affects m The City Attorney responded that is a poten He said it is more in nature that you want b which they are sitting and make their decisi people or institutions. A board of trustees o that lies elsewhere and in essence be forbi affect that before this particular committee. conflict we are looking at here. DRAFT ed, after agenda packets went out, that we e Working Waterfronts Committee as we o that staff is a liaison to the committee =t -large member. He said staff will modify the 8, 2009 meeting if there is no objection. ture, when an issue comes up that might the conflict and step aside but if the conflict be a member. re than 1% does someone have to abstain. ial issue but he did not see it in this context. and members to be devoted to the board on ns without reference to obligations to other an officer may have a fiduciary obligation en to consider neutrally items that might e said that is probably more the type of 09.150 A. Sebastian Municipal Airport/Roselanj Road Buffer Update (City Manager 163 -187 Transmittal, March 2002 Master Plar Excerpt, Feb. 2002 Master Plan Excerpt, Minutes, 2001 Layout, 2002 Layout, 2008 Layout, Previous CM Newsletter Excerpt, LPA Group Letter) The City Manager explained that during the appeal hearing Mr. Wolff questioned what happened to the buffer, so he and the Clerk'a office looked into it. He said Section 7 -7 of the draft Airport Master Plan approved by Council on February 13, 2002 included language on the 50 foot buffer and stated that it was to be included in the Land Development Code, however the March 200 published document did not include that language. He said it was fair to say that it was Council's intent to include the buffer. He said he has initiated the process for its adoption, and that he and the City Attorney and 8 Regular City Council Meeting October 14, 2009 Page Nine DRAFT Growth Management Director have written the ordinance which will go before Planning and Zoning on November 19 and will incorporate comments heard tonight during public input. He noted that he hoped to bring it back to Council at one of the December meetings. The City Manager said as to whether the buffer affects the subject sign, staff recommends that it does not, that they are two different issues, unless the Board of Adjustment wishes to reconsider. Mr. Hill said he was on Council at that time and it was intent of Council to include the buffer, recommended going forward as staff recommends but the sign is a separate issue. Mr. Wolff said an exclusion of the waiver clause would be appropriate. The City Manager said that waiver comes from the Airport Guiding Documents so that would be a separate issue and staff can bring that back and handle all issues at once. Ms. Coy asked if we can expect any more signs on Roseland Road before this comes back. The City Manager said only Mr. Philipson and he has used up his usable space. He said staff has worked with other commercial aspects at airport but there are no more potential properties outside the fence though there are a few prospects inside the fence. Ms. Coy asked what entrances were at the Airport in 2002, and the City Manager said the same three that are there now. Ms. Coy then said in 2002 the road was there but there was no Philipson lease so we cleared it for Philipson. She said she was challenging the decision to see it as not part of the buffer. She asked the City Attorney if there is any reason we should not deny the appeal, would the response be the same. The City Attorney advised that to preserve the record, any discussion of the appeal should take place at a Board of Adjustment meeting and not by City Council. He advised if Council wants to discuss a particular sign, to do so in a legislative context. He told Council they legally wear two different hats as Board of Adjustment and City Council. The City Manager said staff will move forward with bringing the ordinance to P &Z. Mayor Gillmor asked if we can fast track and the City Manager said we have to work within advertising requirements. The City Manager noted this has affected potential tenants, they have been told there will be a buffer and they don't want to lease. 15. CITY CLERK MATTERS None 16. CITY COUNCIL MATTERS A. Vice Mayor Hill None 9 CD Regular City Council Meeting October 14, 2009 Page Ten Richard H. Gillmor, Mayor ATTEST Sally A. Maio, MMC City Clerk B. Council Member Coy Ms. Coy said the Clambake Festival will take place on November 6, 7 and 8 and needs volunteers. C. Council Member Simchick Ms. Simchick announced the Vero She also recommended thinking a perhaps donating land at the City house closer to the core of Sebasti D. Council Member Wolff each 90 birthday celebration this Friday. out another fire station location, suggesting all complex, which would guarantee a fire :n. Mr. Wolff reiterated the need for vol nteers for census representative Robin Ware and said people can contact t e City Clerk to sign up. Approved at the October 28 2009 Regular City Council Meetin DRAFT E. Mayor Gillmor Mayor Gillmor thanked Ms. Simchic for her fire house suggestion and said with Powerline Road going through that ould make a lot of sense. The City Manager gave an update o Powerline Road, noted staff will meet with the School Board in December and he design is nearly complete. 17. Being no further business, Mayor Gillmor a• journed the Regular Meeting at 8:20 p.m. 10 Subject: Modification to Waterfronts Composition, Resolution No. Ap ro d for Submittal by: f j Committee R -09 -42 Agenda No. Department Finance: 09. 053 Origin: C N City Attorney: City Clerk: Date Submitted: For: Meeting October 22, 2009 of Oct. 28, 2009 A in er, City Manager Exhibits: Resolution No. R -09-42 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: O YOF HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY At the City Council meeting of October 14, 2008, the City Manager brought forth a request to modify the Committee composition. The City designated appointee to the committee would serve as a liaison to the committee and that position would be filled by another at -large member. Council was supportive of the recommendation so Staff have modified the Resolution creating the committee accordingly. Text to be removed is shown in strikethrough, text to be added is shown underlined in Section 2 of the attached resolution. RECOMMENDATION Staff recommends approval of Resolution R -09 -42 to modify the composition of the committee. RESOLUTION NO. R- 09-42 A RESOLUTION OF THE CITY OF SEBASTIAN FLORIDA, RELATING TO THE TEMPORARY WATERFRONT COMMITTEE; AMENDING AND RESTATING RESOLUTIONS NO. 09 -17 AND 09 -23; MODIFYING THE COMMITTEE COMPOSITION; PROVIDING FOR CONFLICT; PROVIDING FOR A TERM AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida has adopted Resolution No. 09 -17 creating the Temporary Waterfront Committee and specifying its duties and responsibilities; and WHEREAS, the City Council of the City of Sebastian, Florida has adopted Resolution No. 09 -23 clarifying the committee's jurisdiction; and WHEREAS, the City Council wishes to modify the Temporary Waterfront Committee's membership; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. Resolution No. 09 -17 is hereby amended to read as follows: Section 1. Temporary Waterfront Committee Established. The City Council of the City of Sebastian hereby establishes a Temporary Waterfront Committee. The purpose of the Committee shall be to study issues, hear and provide recommendations to City Council on specific priority areas: Environmental and cultural resource protection Enhancing the waterfront economy Public access to working waterfronts and coastal resources The Committee is advised that the City applied for the Stan Mayfield Working Waterfronts Program under the following criteria: A parcel or parcels of land used for exhibitions, demonstrations, educational venues, civic events, and other purposes that promote and educate the public about economic, cultural, and historic heritage of Florida's traditional working waterfronts, including the marketing of the seafood and aquaculture industries. The Committee shall include recommendations to the City Council with respect to the foregoing criteria. Section 2. PANEL COMPOSITION. The Committee shall be composed of seven at -large members to be selected by the City Council fulfilling specific targets; Committee members shall be appointed at the first meeting of May for the three years term. The Committee will consist of the following: designee). One member a representative from the Chamber of Commerce. Two commercial fishermen. One member with a business in the CRA District on the waterfront. One member a resident at -large with marine biology and /or eco- tourism qualifications. One member a historian /historic preservationist and /or a resident at- large. One member a resident at -large In the event that no suitable applicants are available from a designated constituency, an otherwise qualified at -large member may be appointed in their place. Section 3. PROCEDURES. The Committee shall hold its initial meeting at 6 p.m. on the second Monday following the initial appointment of its members, at which time it shall select a chairman, and shall thereafter set its own procedures and meeting schedule. Section 4. TERM. This committee shall automatically disband three years from the date of its establishment, or at such sooner date as established by subsequent resolution of the City Council. Section 5. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed and Resolutions No. R -09 -17 and R -09 -23 are hereby rescinded. Section 6. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by The motion was seconded by and, upon being put to a vote, the vote was as follows: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this day of 2009. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Mayor Richard H. Gillmor Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk Robert A. Ginsburg, City Attorney Words stricken through shall be deleted; words that are underlined constitute the proposed amendment; remaining provisions continue in effect.