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HomeMy WebLinkAbout02102010City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright None. CITY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 10, 2010 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. A moment of silence was held. 3. Vice Mayor Hill led the Pledge of Allegiance. 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, Deb Krueger Building Director, Wayne Eseltine Finance Director, Ken Killgore Golf Course Director, Greg Gardner Growth Management Director, Rebecca Grohall Police Chief, Michelle Morris Police Captain, Mike Beyers Public Works Director, Jerry Converse MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Regular City Council Meeting February 10, 2010 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. 10.027 A. United Way VITA Program Michael Kint, CEO, United Way of IRC Michael Kint announced United Way's Voluntary Income Tax Assistance Program is available at sites throughout the county to assist qualifying individuals with their income tax returns and more information could be obtained by calling 211. Mayor Gillmor asked the City Manager to post this information on Channel 25. 10.028 B. Roy Woodall President of Friends of Historic Roseland Road Request for Adoption of Roseland Road for Cleanup within City Limits Mr. Woodall, 7895 134 Street, Roseland, President of Friends of Roseland Homeowners Association, said he was present at the previous buffer discussion meetings and recalled Council's concern with the appearance of Roseland Road. He said the Friends of Historic Roseland Road were seeking individuals to adopt the portion of the Roseland Road in the City from Airport Road to CR512. For anyone interested, he gave the following phone numbers: 581 -5777 or ask for the Indian River County Traffic Coordinator at 226 -1637. Brief Announcements Ms. Coy wished the City Clerk, who is out on medical leave, to get better. Mayor Gillmor said Council missed her. Mr. Wolff reminded everyone that Saturday, February 13 is the opening day for Sebastian Little League and wished the players good luck. 10.029 C. Kathleen Wagner Idea for Haiti Relief Mayor Gillmor announced Ms. Wagner was not able to attend the meeting. 7. CONSENT AGENDA 1 -10 A. Approve Minutes 1/27/10 Regular Meeting 10.030 B. Authorize Mayor to Sign and Approve Submittal of Edward Byrne Justice 11 -14 Assistance Grant (JAG) Application in the Amount of $5,834 (Police Department Transmittal, Grant Notice Letter) 10.031 C. Mutual Aid Agreement Between City of Sebastian Police Department and City of Ft. Pierce Police Department (PD Transmittal, Mutual Aid Agreement) 10.032 D. Approve Submittal of Application for Florida Energy, Efficiency, and Conservation 23 -39 Grant for Wind Turbines at Sebastian Municipal Airport (Airport Transmittal, Grant Application) MOTION by Ms. Coy and SECOND by Mr. Wright to approve Consent Agenda Items A -D. 2 Regular City Council Meeting February 10, 2010 Page Three The City Attorney asked that the voice vote in the January 27 minutes on circle page six be amended to read 4 -0. Ms. Coy and Mr. Wright agreed to amend their motion to include the correction. Mr. Wolff asked that item D be removed for discussion. Ms. Coy and Mr. Wright again amended their motion to include item A's correction and items B through C. Result of the Roll Call vote: AYES: Hill, Coy, Wolff, Wright, Gillmor NAYS: 0 Motion Carried Item D Mr. Wolff asked the Airport Director to describe the project in detail knowing that he has been working on it for a year or more. The Airport Director said that was correct, the turbines are made of a new technology- composite material that will work well with the Airport's low wind speed, leave a small footprint and give us a credit from FPL. He said if we do not receive the grant there will be other opportunities. Mr. Wolff said one of the exciting aspects is this technology is being built in the United States and hopefully we will receive the grant. MOTION by Mr. Wolff and SECOND by Mr. Hill to approve item D on the consent agenda. Result of the roll call vote: AYES: Coy, Wolff, Wright, Gillmor, Hill NAYS: 0 Motion Carried 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. 10.003 A. Construction Board 41 -52 (City Clerk Transmittal, Application, Ad, List) Interview, Unless Waived, and Appoint One Alternate Concerned Citizen Member with Term to Expire 9/30/2010) Mr. Fortier and Mr. Turner were not in attendance. Mr. Hill and Ms. Coy nominated Mr. Fortier. There were no other nominations. Mr. Fortier was appointed to the alternate member, concerned citizen position on the Construction Board with a term to expire 9/30/10. 3 Regular City Council Meeting February 10, 2010 Page Four 10.017 B. Natural Resources Board 53 -59 (City Clerk Transmittal, Application, Ad, List) Interview, Unless Waived, and Appoint One Regular Member with Term to Expire 7/2011) Ms. Schnee approached the podium to introduce herself. Ms. Coy nominated Ms. Schnee and being no other nominations, she was appointed to the regular member position with a term to expire July 2011. 9. PUBLIC HEARINGS None 10. UNFINISHED BUSINESS None 11. PUBLIC INPUT None 12. NEW BUSINESS 10.023 A. Resolution No. R -10 -03 Authorizing Issuance of Note to SunTrust Bank 61 -121 for the Purpose of Refunding 1998 Bond to Finance Additional Roadway Improvements (R- 10 -03, Schedules Sources and Uses of Debt Service) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA ACCEPTING A PROPOSAL OF SUNTRUST BANK AND APPROVING THE FORM OF A LOAN AGREEMENT WITH SUNTRUST BANK; AUTHORIZING THE ISSUANCE OF A PROMISSORY NOTE PURSUANT TO SUCH LOAN AGREEMENT IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $2,500,000 TO REFINANCE PRIOR INDEBTEDNESS OF THE CITY AND TO FINANCE COSTS OF THE ACQUISTION, CONSTRUCTION AND EQUIPPING OF CERTAIN TRANSPORTATION RELATED IMPROVEMENTS WITHIN THE CITY; AUTHORIZING THE REPAYMENT OF SUCH NOTE FROM CERTAIN GAS TAX REVENUEWS; DELEGATING CERTAIN AUTHORITY TO THE CITY MANAGER AND THE CITY CLERK; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION. The City Attorney read the title of Resolution R- 10 -03. Mr. Wright suggested changing the language in Exhibit A, on circle page 69 because some of the roads may be funded with stimulus money or by another fashion; include a reference that if we don't get the other funding we will go back and fund these roads. Mr. Gillmor cited the existing language and asked the City Attorney if that language gives Council enough latitude to pick and choose. The City Attorney replied that he reads Exhibit A as providing the Council with the opportunity to change the list, make deletions or additions with the available funds; the baseline criteria is the roadway must be located in the City limits, and Council has the discretion as to which roadways will be improved. The City Manager explained Congress is debating to issue another stimulus round with $30 M for roadways, the formulas would be the same with about $5 M going towards Indian River County MPO projects and today the MPO made a recommendation list with Laconia and South Easy as potential projects. He said staff recommends moving forward with the refinancing to lock up the interest rate and have the money on 4 Regular City Council Meeting February 10, 2010 Page Five hand, as it would be six to eight weeks for the federal government to move forward with the monies, and in that time staff would like to survey and prioritize our roads. He said before paving begins, he would come back to Council and let them know if Exhibit A stays the same or changes. MOTION by Mayor Gillmor and second by Mr. Wolff to approve Resolution No. R- 10 -03. There was no public comment. Mr. Wolff clarified that this bond is pledging future local option gas tax revenues. The City Manager confirmed the City will have debtedness for 12 years but this will lower the payment, it will not touch general revenue, and there will be $1.2 M immediately available to improve the streets. Result of the roll call vote: AYES: Wolff, Wright, Gillmor, Hill, Coy NAYS: 0 Motion Carried 10.033 B. Collier Canal Replacement of Docks Removed for Construction (Administrative 123 -133 Services Transmittal, Dock Specs) The City Manager explained staff is ready to wrap up the Collier Creek project and sought direction regarding replacement of the docks, noting the Florida Dept. of Environmental Protection does not need to permit any replacements, there were 35 docks removed to put in the seawalls, with three permitted by the City. He gave Council three recommendations: A) Close out the project and not repair any docks; B) Only repair the docks that were properly permitted; C) Repair all of the docks. Mayor Gillmor asked for clarification of his statement to prohibit any replacement of docks. The City Manager said that was one more option —to prohibit any docks along the wall; his dissertation was based on the financial aspects. The City Manager requested that if docks are replaced, staff would like to draft administrative language to construct a specific dock so they don't interfere with the waterway, and they aren't attached to the wall to preserve the warranty and construction. He also asked for direction as to the City paying for the docks. Mayor Gillmor said he felt the City should allow the homeowners to buy their own docks. There was no public input. Mr. Hill agreed with the Mayor, saying the City has done a lot of work along the canal with no assessments. He added that the City should not replace the non permitted or permitted docks because of the value each property has gained with the new wall. 5 Regular City Council Meeting February 10, 2010 Page Six Ms. Coy asked what the final cost of seawall was. The City Manager replied $5.495 M but he was hoping to return $600,000 to the storm water fund depending on Council's decision on the docks. She noted the economy allowed the City to change the type of embankment to what the residents preferred, 135 residents received a direct benefit to their property, she agreed with the Mayor and Vice Mayor but she did not want to prohibit homeowners from replacing their docks at their own expense. Mr. Wolff said he wouldn't be voting on dock replacement, he has tried to stay neutral throughout the project; and allowed the use of his lot for a staging area for free. He said the prohibition is a wrong choice as it would disenfranchise people who try to keep the canal clean; and it is expected when you buy property on the water you will have access. Mr. Wolff continued to say having the City replace the docks isn't fair; each lot received a $30,000 improvement. He said he replaced his dock with $150.00 of lumber and two hours of time. He said some important questions to ask are what is happening with the mitigation area, and have the City suggest what plantings should go into the right of way. He asked that the people be allowed to put the docks back in with a permit and without holes drilled into the wall. Mr. Wright agreed with Mr. Wolff that the submitted specifications didn't make sense as a two to three foot platform is all that is needed, a permit should be required with no attachments to the wall. Mayor Gillmor said he shared some of Council Members Wolff and Wright concerns but he does not want to see some of the unsightly docks put back into the water, and to that extent if the specs could be modified he could support Option No. 3. Mr. Hill agreed, said there is consensus that the City should not pay for the docks, staff should get permits to protect the wall from damage, and he was concerned if jetting would affect the warranty. The City Manager clarified that the consensus of Council was not to pay for docks and the next issue was how does staff get the replacements built. He said staff tries their dead -level best to be reasonable and the purpose behind the submitted specs was that staff spent time with S.E. Cline going over what is important, protecting the warranty, and S.E. Cline told them jetting is not a good idea because of the potential to disturb the soil in front of the sheets, potentially causing the wall to lose structural stability which should be avoided. He publicly noted if these recommendations are ignored, warranty questions may arise. He said the over engineered specs were drawn up by the City's retained engineer and staff who tried to standardize the docks to protect the warranty, aesthetics, and the City's investment. He suggested: A) Have Council vote to uniformly indicate the City would not pay for the docks, B) Have staff draw up an administrative policy that the homeowners can permit the docks with no jetting, no attachment to head wall, or attachment to the wall (he noted there is language in the LDR to prohibit size), and provide a statement about fences, pools, planting, and landscape. 6 Regular City Council Meeting February 10, 2010 Page Seven MOTION by Mayor Gillmor and SECOND by Mr. Hill that the City will not replace the docks, staff will draw up an administrative policy to be reviewed by Council, dock replacement will be permitted, it can't be attached to the wall, there will be no jetting, and there will be landscaping suggestions. Ms. Coy clarified for the public that when the City requires a permit it's to set standards for safety and protect the City's investment. Result of the roll call: AYES: Wright, Gillmor, Hill, Coy ABSTAINED: Wolff Motion Carried. The City Manager thanked Council for their direction and he would try to have the administrative policy ready by the first March meeting. Mayor Gillmor called for a recess at 7:31 p.m. and reconvened the meeting at 7:44 p.m., all members were present. 10.024 C. Consideration of Changes to Resolution No. R -07 -31 Charter Officer Goal 135 -137 Setting and Evaluation (Transmittal, R- 07 -31) Mr. Wright said he felt public evaluations do not work for benefit of the City or the employees. He said in R -07 -31 he favored the setting of goals in public, conducting an oral interview with individual charter officers on an individual basis, and then discussing the merit increase in public. He asked the City Manager if Council had two Charter Officers. The City Manager said there are three Charter Officers but since the City Attorney is under a contract, Council would need to negotiate any contract modification with him. Mr. Wright said it is appropriate to have financial decisions made in public and employee reviews and critiques in private, so they aren't misread by the public. Mr. Hill said it should be known the review is a public document, which should continue, he would not fear expressing feelings about the Charter Officers in a public meeting, and his biggest concern is public input of Council's evaluations. He noted this used to be done at Council meetings, and suggested adding it under City Council Matters. Discussion followed on Mr. Hill's suggestion. MOTION by Vice Mayor Hill and SECOND by Mayor Gillmor to make the following changes to Resolution No. R- 07 -31: Add an `s' to Charter Officer in the first paragraph Take off the `s' in the word conduct In section two, second paragraph put a period after basis, strike the remainder of the sentence 7 Regular City Council Meeting February 10, 2010 Page Eight -Have the third paragraph of section two read "City Council shall at a meeting in June of each year, publicly evaluate and act upon any merit increases for the City Manager, City Attorney, and City Clerk under City Council matters." Mr. Wolff said this gives Council Members a platform to bring something up if there is no other avenue, and helps to build consensus and team effort. Result of the roll call vote: AYES: Gillmor, Hill, Coy, Wolff, Wright NAYS: 0 Motion Carried 10.034 D. Indian River County School Board Request for Joint Meeting with Sebastian City 139 141 Council (City Clerk Transmittal, E -Mail) The City Manager said the School Board is looking to conduct a joint meeting with Council. Mr. Wolff and Mr. Wright asked if staff knew what the meeting is about and if the City could put something on the agenda. The Deputy Clerk said staff had not heard what the meeting is to be about. Ms. Coy said it was nice they are reaching out to the municipalities and she could not meet on Tuesday nights. She suggested meeting another day or she could put her questions to the Board in writing. Mr. Wright said he would like them to come here and have a discussion on the floor. Ms. Coy pointed out that they are a full time board and hoped they might be more flexible with meeting dates. Mr. Wolff suggested having Mayor Gillmor contact the School Board to see if they can come here, if Council can introduce agenda topics, and if will Mr. LaCava will attend. Mayor Gillmor agreed to contact the School Board. 13. CITY ATTORNEY MATTERS None. 14. CITY MANAGER MATTERS The City Manager announced a delay with the Barber Street improvements as FDOT did not realize that they needed a storm water permit from the SJWMD noting it would push back the construction for 45 days. He said this would be posted on Channel 25 and on the website and he invited the public to contact him or the FDOT field office if they had any questions. In response to the Mayor, the City Manager said the ribbon cutting for the project was still on for Feb. 17 8 Regular City Council Meeting February 10, 2010 Page Nine 15. CITY CLERK MATTERS None. 16. CITY COUNCIL MATTERS A. Mayor Gillmor None. B. Vice Mayor Hill None. C. Council Member Coy Ms. Coy said she has been receiving calls about folks sleeping in parks and RVs moving around from place to place. She noted the Police are doing a wonderful job monitoring this and the City's ordinance will be enforced to keep things safe. D. Council Member Wolff Mr. Wolff said he has been approached by residents affected by expansion of the crematory by the Elk's Lodge. He asked if it was the will of the Council to address the resident's safety and health concerns. The City Attorney advised there has been an appeal of the Planning and Zoning Commission's decision which will go to Council as the Board of Adjustment for a decision. He said it will be quasi judicial hearing, so when Council receives e-mails and letters, in order to preserve their ability to make a decision, he advised them to simply send the correspondence to the Growth Management Dept. for inclusion in the public file. He said there really shouldn't be contact between Council and anybody interested in this from either side and when they get to the hearing they will disclose what contact they've received and he will ask each of them if they can be neutral arbitrators of what's placed on the record before them at that time. He also advised Council to invited concerned residents to come to the hearing, and if Council wished to write acknowledging that they received someone's letter, he would help them write back to the residents. Mr. Wolff thanked the City Attorney and asked that the packet provide some depth so they will be knowledgeable. E. Council Member Wright Mr. Wright said there was a Citizen's Budget Review meeting on Monday, and Mr. Herlihy indicated the City was on track with the first quarter of the budget and he asked the City Manager to confirm this at a meeting to inform the public. 9 Regular City Council Meeting February 10, 2010 Page Ten Richard H. Gillmor, Mayor ATTEST: 17. Being no further business, Mayor Gillmor adjourned the meeting at 8:19 p.m. Approved at the February 24 2010 Regular City Council meeting. �cl�rn� ei ne. Depi4- M c� f k y Gte r p r Sally A. Maio, C City Jerk Mr. Wright also asked for a joint workshop between Council and the Parks and Recreation Advisory Committee as there is in excess of $800,000 available in recreation fees and he would like Council to provide direction for future projects such as more ball fields or a community center. He also said the Working Waterfront Committee will probably need direction to move ahead in the near future. Mayor Gillmor agreed that more can be accomplished in a workshop, where it is unstructured and if there are funds, it is important to cast a vision for the future. Mr. Hill agreed and suggested to doing something similar to planning the years of the capital improvement plan, making sure projects aren't a burden for the general fund. The City Manager clarified it has always been staff's intention to get the Citizen's Budget Review Committee's feedback on the quarterly budget and then bring it to Council. 10 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME MIDDLE NAME iVOL F Eut 6W6 ✓Anl NAME OF BOARD, COUNCIL .COMMISSION, AUTHORITY, OR COMMITTEE Cl 1 y Cou"kiL oft/ or seisos ?,9 v MAILING ADDRESS l r 1 i De VE THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 'CITY COUNTY D OTHER LOCAL AGENCY CITY COUNTY DD �J SE 8 ff 51 A 1 isiO/knl gi Ue(Z NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: [ir ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. I (v t 6 (,((Ri l.gtiwl 4 1$ 4 1 ni rtripbv e Sr ✓ic{ .21/0//0 Date Filed DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on f ebtuFf�N /0 ,20 /0 (a) A easure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: DAckS �Q wt.oVece 0 or e 54 ft/ 1 1114,15 0141404 Dock SecS Signature by NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B EFF. 1/2000 PAGE 2