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HomeMy WebLinkAbout12092009City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright None C fYOF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 9, 2009 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the regular meeting to order at 6:30 p.m. 2. Father John Morrissey, St. Sebastian Catholic Church gave the invocation. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg Deputy City Clerk, Jeanette Williams Records Program Manager, Donna Cyr Airport Director, Joseph Griffin Administrative Services Director, Debra Krueger Finance Director, Ken Killgore Growth Management Director, Rebecca Grohall Jerry Converse, Public Works Director Police Chief, Michelle Morris Police Captain, Mike Beyer MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Regular City Council Meeting December 9, 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. 09.155 A. Employee of the 4 Quarter Douglas Buerger, Maintenance Worker II, 1 Public Works Division Mayor Gillmor read Mr. Buerger's accomplishments and presented him with a plaque and savings bond in recognition of his achievements. Brief Announcements None. 7 CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 3 12 A. Approval of Minutes 11/18/09 Regular Meeting Minutes 09.007 B. Resolution No. R -09 -45 City Council Meeting Procedures Repealing R -09 -05 13 19 (City Clerk Transmittal, R- 09 -45) Item C A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R- 09 -05; ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 09.034 C. Authorize Travel and Registration to Institute for Elected Municipal Officials, 21 24 January 22 -24, 2010 in Gainesville, FL (City Clerk Transmittal, Info) Mr. Wolff removed Item C. MOTION by Mr. Hill and SECOND by Ms. Coy to approve consent agenda items A and B passed with a voice vote of 5 -0. Mr. Wolff said the travel expense for item C should be paid from individual Council Member's monthly $300 expense accounts. He said he did not dispute the registration fee but the allotted $750 for each member to travel is too much. Mr. Hill disagreed stating it is an important training course for newly elected officials, noted the hotel has the classroom facilities, and he would leave it as it is. 2 Regular City Council Meeting December 9, 2009 Page Three Ms. Coy agreed with Mr. Hill and said the expense account is to be used for travel up to 75 miles and this trip is beyond 75 miles. Mr. Wolff pointed out their monthly $300 does not have an accounting for it, no invoices are turned in, no one holds them accountable if they spend it or don't spend it. He suggested members taking the $300 pay their own way, noting everyone should spend taxpayer's money like it was their own money. MOTION by Mr. Hill and SECOND by Mayor Gillmor to approve item C, adding the expense covers mileage and wear and tear on the vehicles; and it is the travel policy of the City which could be changed. With Mayor Gillmor's second, he said the $750 expense seemed large; he thought the seminar was interesting when he attended and he asked the Deputy Clerk if his allotment was $129 a day when he went last January. The Deputy Clerk went over the travel expenses individually. Ms. Coy confirmed the mileage rate is based on the federal rate and to take the mileage out of the $300 expense account seemed unreasonable. Mr. Hill added that he appreciated the time it took members away from their families while working for the City. Mr. Wright said this was a seminar for newly elected officials, he planned to go, and he would travel Thursday night and return late Sunday so it would be a full weekend of his personal time. Result of the roll vote was: AYES: Hill, Coy, Gillmor, Wright NAYS: Wolff Passed 4 -1 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. Ms. Coy said at the Indian River County Land Acquisition Committee earlier in the day, there was an almost unanimous vote to recommend to the County the purchase of the parcel on the south prong of the Sebastian River called the Russell property, located north of Marine Resources Council property who offered to manage the property. Ms. Coy asked Council if they would consider writing a letter of support to the County Commission to approve the purchase. MOTION by Ms. Coy and SECOND by Mr. Hill to send a letter of support signed by the Mayor passed with a voice vote of 5 -1. Mayor Gillmor asked the Deputy Clerk to take care of the letter. 3 Regular City Council Meeting December 9, 2009 Page Four 09.004 A. Citizens Budget Review Advisory Committee 25 -48 (City Clerk Transmittal, List, Press Release, Code, Applications) Formal Announcement of Five Council Appointees Each Council Member announced their appointments as follows: Council Member Coy Adrina Davis Mayor Gillmor Ed Herlihy Council Member Hill Jerry Klenck Council Member Wright Harry Marshall Council Member Wolff Brad White ii. Interview, Unless Waived, and Submit Nominations for Two At -Large Members Mayor Gillmor said there were four applicants. Mr. Cardinale was not present. David DeVirgilio approached the podium and Mr. Wolff said he has noticed a recent phenomena that people who volunteer for these committees go on to select the future council by forming political action committees which dilutes the opinion rendered by the committee and jeopardizes one's face value. He asked Mr. DeVirgilio if he were nominated, would he plan to start a political action committee. Mr. DeVirgilio said he ran for office and was not affiliated with any political action committee and didn't plan to affiliate with any because independent thinking, and representing the whole City is something the City needs. Ms. Coy asked Mr. DeVirgilio if he ran again, and the realtors PAC offered him money, would he refuse. Mr. DeVirgilio said accepting funds didn't mean he would vote in their favor. Edward Kroah went over his extensive financial background. Ms. Coy nominated Ms. Vicars Mayor Gillmor nominated Mr. Kroah Mr. Wolff nominated Mr. DeVirgilio Roll call on the nominations was as follows: Ms. Coy Vicars Mr. Wolff DeVirgilio Mr. Wright Vicars Mayor Gillmor Vicars Mr. Hill Vicars Christine Vicars was appointed to the first position on the Citizens Budget Review Advisory Committee. 4 Regular City Council Meeting December 9, 2009 Page Five For the second position, Mr. Hill nominated Edward Kroah Mr. Wolff nominated Charles Cardinale. Roll call on the nominations was as follows: Mr. Wolff Cardinale Mr. Wright Kroah Mayor Gillmor Kroah Mr. Hill Kroah Ms. Coy Kroah Edward Kroah was appointed to the second position on the Citizens Budget Review Advisory Committee. 09.002 B. Parks Recreation Advisory Committee 49 80 (City Clerk Transmittal, Applications, List, Press Release) Interview, Unless Waived, and Submit Nominations for One Regular Member Position to Expire 5/31/2010 The Mayor said there were six applicants. John Danise said he was in recreation for over 50 years. Mr. Wolff said Mr. Danise was a little bit modest as he has volunteered thousands of hours at Schumann Park giving free lessons to children. Dominic Durr and George Geiger were not present. Ms. Coy asked Jarad Pelletier if he was a senior this year; and what his plans were for next year. Mr. Pelletier said he was a senior and planned to attend the police academy in Miami. Ms. Coy asked him not to be upset if he was not moved up to the regular member position as she would like him to continue with his education. Daniel Turner and Jose David Reyes were not present. In response to the Mayor's call for nominations, Mr. Hill nominated Mr. Danise. There were no other nominations and Mr. Danise was appointed to the regular member on the Parks Recreation Committee. 09.157 ii. Airport Playground Recommendation (City Manager Transmittal, Ideas, 81 101 Overview, Locations, Velocity E -Mail, St. Pete Info, Equipment Info, FAA E -Mail) The City Manager said the Parks Recreation Committee has met and they recommend to Council the construction of an aircraft centric playground. JoAnn White, Chair of the Parks Recreation Committee, said they were given the same packet that Council has and they were in favor of the idea. 5 Regular City Council Meeting December 9, 2009 Page Six Mayor Gillmor asked where the playground will go. Ms. White said there were some parcels off Roseland Road. The City Manager directed Council to circle page 84. Mr. Wright said it would be right next to the green square, adjacent to the fence on Phillipson's property. Mayor Gillmor asked for the cost estimate. The City Manager said they wanted to include some of airplane rockers depicted in the packet but with in house construction and maintenance, he did not think it would be over $5,000.00. He suggested granting recreation impact fees to the Airport Enterprise Fund so it comes out of all of the recreation districts and have it be an Airport property (owned and operated by Airport staff). Mayor Gillmor asked if this was in a flight approach path. The City Manager said no, it cannot be in the RPZ (runway protection zone) in accordance with FAA regulations. Mayor Gillmor asked if the area could be developed. The City Manager said it could be, but it is irregular, doesn't have great frontage, and it wouldn't attract industrial development. Mayor Gillmor said he thought it was a good idea but suggested it be closer to the LoPresti hangar to go with their "First Saturday" monthly events. Mr. Wolff said that makes sense with the fuel pump there and the access from Main Street. He asked if there was any available property. The City Manager said there are a couple of good locations, between the Airport administration building and the airfield by the parking lot; or other side of Airport Drive East, between the Golf Course Hole #17 on the grassy field. He said the Airport Director prefers the spot between the administration building and the airfield. The Airport Director said there was talk about a year ago of putting in a concrete pad with picnic tables behind the administration building because people come there to watch the sky divers on the weekend. Mr. Hill said he was concerned with constructing a new park requiring maintenance and the west side would be more expensive than the spot by the administration building. Mr. Wright said this recommendation came from Scott Baker during one of the airport meetings and he asked Mr. Baker to speak on other locations. Public Input Scott Baker representing Velocity, The Airports Owners and Pilot Assoc., and being a resident flying enthusiast, said he was in favor of an Airport park on either side as long as people could get a closer view of the planes so it fuels imagination, promotes learning, science, mathematics, flying lessons, and responsibility. 6 Regular City Council Meeting December 9, 2009 Page Seven Mr. Wolff asked if the business community could install a model plane or used plane that the older kids could use. Mr. Baker said that is a strong chance and perhaps Velocity or the other businesses could sponsor some of this equipment. Ms. Coy spoke of displaying something Navy at the site. The Airport Director said a couple years ago, he checked into getting surplus aircraft out of the bone yard and it could be pursued. Steve Philipson, About Kayaks, said using the resources that we have, including an About Kayaks contribution would be enjoyed by the community. Damien Gilliams, 1623 US Highway 1, asked if he understood correctly that there might be monies transferred from the recreation impact to the Airport as a grant. Mayor Gillmor said that was correct. Mr. Gilliams asked why the Airport's enterprise funds couldn't be used. Mayor Gillmor said a park wasn't budgeted. Mr. Gilliams said it was not appropriate to give zoned impact fee money to the Airport and suggested a fundraiser to let the Airport stand on its own or ask FDOT for grant money. Mr. Wolff said that is certainly food for thought since last Saturday's LoPresti event was such a success. Mr. Hill said this item is under reports and no action will be taken. Mr. Hill confirmed with the City Manager that the impact fee is collected from new homes for construction of new parks. He said maintenance is his biggest concern and he would not want to create something that needs to be maintained. He supported the project and moving it to the other side of the Airport. Mr. Wolff asked how much money there in the recreation impact fee fund. The City Manager said a little over $1 M. Mr. Wright said this project would benefit the entire community and recreational impact fee money could be used. Mayor Gillmor suggested getting an old F4 fighter or some space junk. Mr. Wright asked how to move this to an action item. The City Manager said he would come back with detailed budget information and the Airport Director would look into getting some military equipment. 7 Regular City Council Meeting December 9, 2009 Page Eight 09.053 C. Working Waterfront Committee 103 124 (City Clerk Transmittal, R- 09 -42, Applications) Interview, Unless Waived, and Submit Nominations for One Resident At -Large Member Vicky Christensen said she has been a commercial fisherman for 19 years and would be an asset to the committee. Mayor Gillmor said there will be an opening for a commercial fisherman and asked her if she would be interested in that position. Ms. Christensen said she would. There were no questions for David DeVirgilio. Greg Hepler 1291 Barber Street, said he has a local business and would like to serve as the citizen -at- large. Barbara Salmon, Sebastian, said she has stayed on top of the working waterfront project and would like to be a part of it. In response to Mayor Gillmor, she said she has been fishing all her life. Pete Sharman, 30 year resident, said Sebastian has a disappearing heritage and history, and if the waterfront project is done nicely, it would be a nice destination and be self supporting. Mr. Hill nominated Ms.Salmon. Mr. Wolff nominated Ms. Christensen. Roll call on the nominations was as follows: Mayor Gillmor- Salmon Mr. Hill Salmon Ms. Coy Salmon Mr. Wolff- Christensen Mr. Wright Salmon Ms. Salmon was appointed to the citizen -at -large position on the Working Waterfront Committee. Mayor Gillmor advised Ms. Christensen her application would be submitted for the fisherman position at the next meeting. The Mayor called for a recess at 7:43 p.m. and upon return at 7:57 p.m. all members were present. 9. PUBLIC HEARINGS None 10. UNFINISHED BUSINESS None 8 Regular City Council Meeting December 9, 2009 Page Nine 11. PUBLIC INPUT (Procedures on Back of Agenda) Bruce Zingman, Sebastian Property Owners Association, thanked the City Council for having the Santa Parade. He also thanked staff and various other organizations that helped to make the parade happen. He said Santa will be back at the GFSWC clubhouse for the next two Saturdays from 2:00 to 4:00 p.m. Louise Kautenburg, Sebastian, said at the last meeting a citizen suggested getting the banks to register foreclosed houses so we would know which properties need their lawns mowed and she thought most probably don't understand how properties get in that situation. She explained that when a bank takes ownership they hire an asset manager who cuts the grass and repairs the house for the market. It is prior to foreclosure that the problems arise as the house can sit as much as 18 months before the bank takes possession. She suggested a temporary interim ordinance for abandoned houses which will slightly change the process for code violations. She said a notice is posted on the door, and sent to the last owner, when it is known for sure it is abandoned that is when the City maintains the grass until the fine is paid and every time a title company does a lien search the fines will get paid. She said sometimes some purchasers don't do their due diligence at Sheriff's sales. Ms. Kautenburg said that come spring there will be about 500 more homes that will be in deplorable conditions and she urged Council to act before we have a crisis. Mayor Gillmor said it is a good suggestion and asked the City Manager to look into. Damien Gilliams said the City should start the budget process early and convene the Citizens Budget Review Advisory Committee. He noted the budget amendment states the special functions at the park are requiring police overtime which should be paid by the organizations. Ms. Coy called for a point of order, stating this is more appropriate under the next item. Mayor Gillmor agreed and told Mr. Gilliams he could speak when it came up. Mr. Gilliams said he was glad that Ms. Coy brought that to his attention, said if Council is going to follow rules why did she get to rave on the Veterans of Foreign Wars at the last meeting when he was asked to sit down. Mayor Gillmor asked Mr. Gilliams to pick another subject. Mr. Gilliams asked for clarification and Mayor Gillmor asked him again to pick another subject. Mr. Gilliams then took his seat. 9 Regular City Council Meeting December 9, 2009 Page Ten Joe Scozzari said the Council Member did take time to talk about her personal business which is not about City business. Mayor Gillmor asked him to pick another subject. Mr. Scozzari continued to say that any time a member does their personal agenda at a meeting it should be taken out of their pay. Mr. Hill called for a point of order. Mayor Gillmor directed him to leave the podium. Jim Sunnycalb, Sebastian, announced on Saturday from 10:00 a.m. to 8:00 p.m., his model train will be back in Riverview Park. In memory of Pete Harris, he displayed a model car he and his son made to go around the tree. 12. NEW BUSINESS 09.042 A. Resolution No. R -09 -46 FY 2009 4 Quarter FY08 /09 Budget Amendment 125 157 (Administrative Services Transmittal, R- 09 -46, Memo, Reports, Schedule, Accomplishments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009 AS PROVIDED FOR IN EXHIBIT "A PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager said he wanted to note the change of this item on agendas to be more frugal and not assume it would just pass. The City Attorney read the title of Resolution No. R- 09 -46. MOTION by Mayor Gillmor and SECOND by Mr. Hill to adopt of Resolution No. R- 09 -46. Mr. Wright stated they were amending a budget for a year that is already over and in effect they were amending a shortage, moving money around, and he asked for an explanation. The Finance Director explained the purpose of presenting the amendment is to provide information to the public and Council where things had issues they had to deal with. He also said if they didn't do an adjustment, it would look like we exceeded the appropriation which legally we are not allowed to do. Mr. Wright said he guessed we were $1,622,801 short last year. The City Manager said that was all funds. The Finance Director said the biggest part was debt service bonds which had insurance, but they lost their rating so we had to set aside more cash to protect the bond holders and we didn't have any option on it. In response to the Mayor, the Finance Director said we didn't expect to use the funds. Damien Gilliams, 1623 US Highway 1, said he was glad the Finance Director brought out the rate had dropped and if they drop any, further it will be in jeopardy. He said we overspent starting in 2010 and he is glad it is a listed item on the agenda so the public can discuss it. He said there was overtime in Police Dept. that was not allocated and we need to think about having the organizations making a profit pay at events for their police and reimburse the CRA fund for the Public Works employees. He asked the Finance Director to read all four quarterly amendments. 10 Regular City Council Meeting December 9, 2009 Page Eleven In response to Mayor Gillmor, the Deputy Clerk said the information is available on- line. Mr. Wolff said the amendment is well laid out, he liked the synopsis which is indicative of the current financial situation and he noted what was actually accomplished is incredible. He pointed out that two CDs that expired and he asked what happened to that money. The Finance Director said the money was let flow into cash as they did not want to take a chance with the SBA. Mr. Wolff asked if there were any possibilities down the road. The Finance Director said they would examine cash flow, maybe go longer term, but it is not advantageous to get in the market now. He added that they are looking at proposals for advisors right now. Mayor Gillmor asked the Finance Director if the interest rates will climb back up. The Finance Director said he could not tell any better than anyone else. The City Manager invited Council to contact him, the Finance Director or Administrative Services Director at any time they have a question, the quarterly report ties everything together and this report has some positives and some negatives. He said our expenses exceeded revenues by $491,000 because we kept estimating through the quarterly reports; said we still have stable reserve funds but we don't want to spend the cash because we have things to plan for. He noted some major revenue shortages included: the 1 /2 sales tax, intergovernmental revenue, municipal sharing, increasing fuel issues and declining interest issues. He said the department heads are doing a good job, budgeting low to keep people accountable. One last comment he gave was, throughout the years the Police Divisions have been reduced to keep the Department more organized which have decreased the overtime expenses. He said we are doing more with less and managing the money wisely. Result of the roll call vote: AYES: All NAYS: None Passed 5 -0 09.156 B. Consider Release of Lien on 573 Michael Street Code Enforcement 159 162 Case 2005 -35822 (City Manager Transmittal, Notices, Calculations) The City Manager explained Mr. Linscott is a habitual code enforcement offender for junk and debris; this case came to a head in December 2005 when the Department issued a notice for junk and debris, the case was heard in February 2006 where he was advised to clean up the property or face a fine of $250.00 a day. The City Manager said the property was eventually cleaned and the lien was filed for the number of days the property was not in compliance. He said to this date there are no maintenance code violations but there is an expired construction permit to add on a garage and he requested that if it is Council's desire to waive any fees, that the waiver be held until the construction is permitted and taken care of. 11 Regular City Council Meeting December 9, 2009 Page Twelve Steve Lulich, Attorney representing Mr. Linscott, said the record owners are Patricia and Michael Linscott (Patricia is Michael's mother who lives in Indiana). Mr. Lulich said they were here because of the defective process; his client has never received notice of these violations; the property was occupied from October 1996 until October 2006 by Lisa Wonder; he was not in town in 2005 -2006; he nor his mother pulled any construction permits; Ms. Wonder lived rent free for many months and the Linscotts evicted her in Sept. 2009; he took possession of the property 40 days ago; and he is willing to take care of the expired construction permit. Mr. Lulich distributed a final judgment of the eviction and a notarized statement that Patricia Linscott was not aware of the construction permit. The City Manager said Mr. Linscott did come to see him and let him know the code issues were Ms. Wonder's fault and the City did follow proper process with four signed notices. Mr. Lulich said his client is not contesting that at all. The City manager passed out the notices with signed return receipts for Council inspection. Mr. Lulich said the problem is the tenant signed and the owner never really received notice. He offered to have Mr. Linscott explain how he found out about the situation. Mr. Wolff asked what the circumstances were that allowed Mr. Linscott to be informed of the matter. Mr. Linscott replied on June 2 he and his mother tried to evict Ms. Wonder and her parents. At that time the parents informed him there were $60,000 worth of liens on the house. Mr. Wright asked if we had a copy of the expired building permit showing the name to who it was issued. The City Manager said it was signed by Michael Linscott and Monalisa Wonder on Feb. 26, 2001. Ms. Coy said it looked like both signatures could have been done by the same person. Mr. Lulich offered to have Mr. Linscott retrieve his driver's license from his vehicle to compare signatures. Mr. Hill noted the signature on the certified letter looks very similar to the building permit. Mr. Lulich said he had numerous conversations with Ms. Wonder, stating he had a hard time working with Ms. Wonder because she and Mr. Linscott had a child together she thought she owned the house. Mr. Hill pointed out that as an owner you have responsibilities to keep your property up to code. Mr. Lulich stated that is true but the owner was not properly notified, he had to evict Ms. Wonder to legally take back possession of the house. Mr. Hill asked the City Attorney that if the owner did not receive notice, how that legally binds the owner to the fees. The City Attorney asked who paid the taxes. Mr. Lulich said it was escrowed into the mortgage. The City Attorney asked who received the TRIM notice and he suggested putting this 12 Regular City Council Meeting December 9, 2009 Page Thirteen 09.150 163 172 matter off a week until it is determined who is listed on the Property Appraiser's record, noting if we complied with the notice provision Mr. Linscott has more of an equitable argument than a legal one; but if we didn't, he very well might have a legal argument. Mr. Lulich offered to give a memorandum of law on recently decided cases. The City Attorney said either we complied or didn't with notice requirements and once we find out, we can make a decision. The City Manager noted we did send notice by certified mail. Mr. Wright noted the Property Appraiser's record listing the property owner on circle page 162. The City Attorney requested time to review the material. The City Manager offered to table this until the January 9 meeting to take care of the Building Department issues which would give staff relief that the structure will get remedied. (1 regular meeting is January 13, 2010) MOTION by Mr. Hill and SECOND by Mayor Gilimor to table the matter until the January 13 meeting passed with a voice vote of 5 -0. C. First Reading Ordinance No. 0 -09 -14 Roseland Road Buffer Set Public Hearing for January 13, 2010 (Growth Management Transmittal, 0- 09 -14, draft minutes) Public AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE TO CREATE SECTION 54 -3 -11.11 ROSELAND ROAD BUFFER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Ordinance No. 0- 09 -14. Mayor Gilimor said he was in favor of moving this forward with one change. MOTION by Mayor Gilimor and SECOND by Mr. Hill to pass Ordinance 0 -09 -14 with the addition of an item #4, the City reserves the right to replace and improve existing Airport business directory business signage. Mayor Gillmor added this is because Council has expressed that they want to change out the existing signs on Roseland Road and Main Street. Bob Denton, Roseland Road, said he thought that was a good suggestion and until June he thought the buffer was in place since 2002. He said he was concerned that FAA communications do not represent what is in the ordinance and he read from some e -mails asking what is the meaning of "duration" in the correspondence. The City Manager said "all of it." (The audience was not privy to this correspondence.) Mr. Denton's time was up, MOTION by Mr. Wolff and SECOND by Ms. Coy to allow Mr. Denton to continue for three minutes passed without objection. 13 Regular City Council Meeting December 9, 2009 Page Fourteen Mr. Denton stated there is only a limited amount of buffer on Roseland Road indicated but there are unprotected areas north and south of the buffer that the FAA might want to protect and he asked the City Manager for an explanation of the area. Holly Dill, also representing James Linus, asked the Mayor to repeat his addition to the ordinance. She said she supported the ordinance with the Mayor's addition and hoped the buffer went all the way along the Airport property. Tim Glover, President, Friends of St. Sebastian River, said he was involved with City staff establishing the buffer and he thanked Council for their support. Steve Philipson, 25 Airport Drive West, said he was concerned with the portion where the buffer does not exist with his sign and he requested that his sign be allowed to stay and grandfathered in as an accepted buffer arrangement. David DeVirgilio, 113 Pelican Island, asked if the buffer is reinstalled, what is the cost to revegetate the whole berm. Mayor Gillmor said he thought the Australian pines were going to stay. The City Manager said the ordinance states to maintain buffer as is with language to remove exotics or dead material and there is requirement to refurbish the buffer. Mr. Wolff asked the City Attorney if it would it be fair to say buffer is really a strip of 50 foot vegetative matter. The City Attorney said the word buffer has a certain history, we are drafting the ordinance consisting of everybody's understanding of the past seven years, and we are using the term everybody understands in describing the strip. Ms. Coy said the intent also implies it is a transition area from industrial area to residential area and the vegetation is to help the transition. She said depending on who is interested in moving there would leave some room for negotiation as to what kind of buffer there should be installed by the City and the new tenant. Mr. Wolff asked the Growth Management Director if this is addressed in the Land Development Code. She said the code does require type A opaque buffer and that was the intent of #4 which was stricken by public input at the Planning and Zoning hearing. Mr. Wright said there is a plan to develop the other side of the property for industrial use, and he was concerned the wording would prevent high quality landscaping. The Growth Management Director said that was intent of staff in stricken #4, but they where here at Council's discretion. Mr. Wright said he was concerned because it is 40 acres open for future development, and he was curious if people want scrub or high quality landscaping which would enhance their property or enhance future tenants. Mr. Wright also noted there are existing signs and a swale that need to be maintained; he asked if there any language that would prevent us from improving the property. 14 Regular City Council Meeting December 9, 2009 Page Fifteen Mr. Hill said there were probably many that believe the native scrub is beautiful and the idea is to protect the native look, he thought the ordinance reads very well. Mr. Wolff said that leads to the Mayor's suggestion of adding #4 where signage can be improved, would the improvement be a lighted sign. He pointed out the Roseland neighbors want to preserve the historic, natural setting. Mayor Gillmor added that as beautiful as some of the landscapes are, they are privately maintained which is not cheap. Ms. Coy said in her dealing with the residents for the last five years, she knows they would prefer the native look, and she supported the Mayor's addition. Mayor Gillmor called for the question. Mr. Wolff asked if Mr. Denton's question was answered. The City Manager said the question was called but he would proceed at however Council would like him. The Mayor said two different issues were being discussed and tonight was to consider the ordinance. Result of the roll call vote: AYES: All NAYS: None Passed 5 -0 13. CITY ATTORNEY MATTERS None. 14. CITY MANAGER MATTERS None. 15. CITY CLERK MATTERS None. 16. CITY COUNCIL MATTERS A. Vice Mayor Hill none. B. Council Member Coy Ms. Coy wished the Jewish community a Happy Hanukkah. C. Council Member Wolff none. D. Council Member Wright Mr. Wright said following up after the budget amendment, he would like to see the Citizens Budget Review Advisory Committee given year end statements; ask them to begin to review the next budget; and follow the activities during the year so they can be helpful to Council in making decisions. 15 Regular City Council Meeting December 9, 2009 Page Sixteen E. Mayor Gillmor is and H. Gillmor, Mayor ATTEST Sally A. Maio, C City Clerk Mayor Gillmor said they received an e-mail from Judith Bewersdorf who wanted to be considered for MPO CAC but the position was filled while still being advertised and he asked Council if she could serve as an alternate to the position. There was no objection from Council. 17. Being no further business, Mayor Gillmor adjourned the regular meeting at 9:26 p.m. Approved at the January 13, 2010 regular City Council meeting. 16