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HomeMy WebLinkAbout10142009City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff CITY 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 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 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 09.048 A. Presentation by Indian River Commissioner Peter O'Bryan Relating to the City of Sebastian Tax Abatement Referendum (PowerPoint Presentation) 09.128 B. Certificate of Appreciation to Frank Garland Nine Years of Construction Board Service Mayor Gillmor presented a Certificate of Appreciation to Frank Garland. 09.145 C. Proclamation Honoring the 2009 World Canopy Relative Work Gold Medal Team 1 That Trained at Skydive Sebastian Mayor Gillmor read and presented the Proclamation to the team representative. 09.146 D. Proclamation Honoring the Friends of St. Sebastian River 20 Anniversary 3 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. 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 Gillmor. Mayor Gillmor 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. 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. 5 -8 A. Approval of Minutes 9/23/09 Special Meeting Minutes 9 -17 B. Approval of Minutes 9/23/09 Regular Meeting Minutes 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 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 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 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. 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) Dr. Tim Glover, President, Friends of St. Sebastian River, encouraged Council to support putting the buffer wording back in and to reconsider the appeal based on this new information. Holly Dill also supported the correction of the 50 foot buffer, asked that the review be fast tracked, asked that no additional leases be approved while the process takes place or if they are, the 50 foot buffer be included, and that language be established that no waivers of the 50 foot buffer will be allowed. She noted that the City received a grant from the Department of Agriculture after the hurricanes to plant trees in the City and it included trees in the airport buffer which indicated additional support for the buffer at that time. Damien Gilliams, 1623 US 1, said what took place at the airport was a travesty. He said Mayor Gillmor said he spent time at the working waterfront and there was a dock installed, then went on to say he, himself, came before P Z to put in a dock and was told he needed a site plan. He asked the Mayor 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 community. 6 Regular City Council Meeting October 14, 2009 Page Seven 12. NEW BUSINESS 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 requested, after agenda packets went out, that we modify Resolution R -09 -17 which created the Working Waterfronts Committee as we move into negotiating the building leases, so that staff is a liaison to the committee rather than member and then add another at -large member. He said staff will modify the resolution and bring it back to the October 28, 2009 meeting if there is no objection. Mr. Wolff asked if there would be a conflict for someone who is with Fisherman Landing, Inc. to be on the committee. The City Attorney said he would review that and we can talk about it at the next meeting. Ms. Simchick suggested the City Manager and City Attorney discuss it and present it in the agenda packet appropriately. The City Attorney said with the current structure, when an issue comes up that might trigger the conflict, that person could declare the conflict and step aside but if the conflict keeps happening than the person shouldn't be a member. Ms. Simchick asked if the conflict affects more than 1% does someone have to abstain. The City Attorney responded that is a potential issue but he did not see it in this context. He said it is more in nature that you want board members to be devoted to the board on which they are sitting and make their decisions without reference to obligations to other people or institutions. A board of trustees or an officer may have a fiduciary obligation that lies elsewhere and in essence be forbidden to consider neutrally items that might affect that before this particular committee. He said that is probably more the type of conflict we are looking at here. 09.150 A. Sebastian Municipal Airport/Roseland Road Buffer Update (City Manager 163 -187 Transmittal, March 2002 Master Plan 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's 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 2002 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 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 Regular City Council Meeting October 14, 2009 Page Ten ha d H. illmor, 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 Beach 90 birthday celebration this Friday. She also recommended thinking about another fire station location, suggesting perhaps donating land at the City Hall complex, which would guarantee a fire house closer to the core of Sebastian. D. Council Member Wolff Mr. Wolff reiterated the need for volunteers for census representative Robin Ware and said people can contact the City Clerk to sign up. E. Mayor Gillmor Mayor Gillmor thanked Ms. Simchick for her fire house suggestion and said with Powerline Road going through that would make a lot of sense. The City Manager gave an update on Powerline Road, noted staff will meet with the School Board in December and the design is nearly complete. 17. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 8:20 p.m. Approved at the October 28 2009 Regular City Council Meeting. 10