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HomeMy WebLinkAbout04282010Special3. ROLL CALL City Council Present: Mayor Richard H. Gillmor Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright City Council Absent: Vice -Mayor Jim Hill (excused) 4. SPECIAL MEETING ITEMS HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING MINUTES WEDNESDAY, APRIL 28, 2010 6:30 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the special meeting to order at 6:30 2. The Pledge of Allegiance was recited. Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Finance Director, Ken Killgore Parks Superintendent, Chris McCarthy Growth Management Director, Rebecca Grohall Police Chief, Michelle Morris Police Captain, Bob Lockhart MIS Systems Analyst, Rob Messersmith p.m. 10.069 A. Approve Resolution No. R -10 -12 Authorizing Execution of Joint Participation 1 -32 Agreement with FDOT for Airport Master Plan Update Funding (Airport Transmittal, R- 10 -12, JPA) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING FOR AN AIRPORT MASTER PLAN UPDATE; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Manager said this is a resolution to adopt a JPA grant to assist with the cost of updating the Airport master plan. Mr. Wright asked about the participation amounts. The City Manager clarified it will be $7,500 from the City, $7,500 from FDOT, and $285,000 from the Federal Aviation Administration. Special City Council Meeting April 28, 2010 Page Two MOTION by Mr. Wolff and SECOND by Mr. Wright to approve Resolution R -10- 12 authorizing a Joint Participation Agreement between the FDOT and the City of Sebastian for an Airport Master Plan Update. The City Manager noted that the budget is $300,000 for the update but he hopes to do better than the budgeted amount. Result of the roll call vote: AYES: All NAYS: None Motion carried. (Hill absent) 10.070 B. Approve Resolution No. R -10 -13 Authorizing Execution of Local Agency 33 -57 Program (LAP) Certification Agreement (City Manager Transmittal, R- 10 -13, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING AND EXECUTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT PROVIDING FUNDING FOR THE SEBASTIAN BOULEVARD LANDSCAPING IMPROVEMENT PROJECT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Manager explained this is a long process with the State requiring a local agency program certification to receive a grant that will provide a portion of the $279,528 to beautify C.R.512. Mr. Wright asked why the total cost listed on circle page 38 is different than the estimated total project cost. The City Manager said we have $103,000 out of DST funds to match with their $176,102 and the difference is that some of the needed things are not paid for by the grant. Mr. Wright said he is still looking for a conceptual plan and the City Manager said he would bring back an updated draft plan to the May 12 meeting for comment and public input. MOTION by Mr. Wright and SECOND by Ms. Coy to approve R -10 -13 authorizing the execution of a local agency program (LAP) certification agreement. Result of the roll call vote: AYES: All NAYS: None Motion carried. (Hill absent) 10.071 C. Award Bid and Three Year Contract for Independence Day Fireworks Display to 59 -79 East Coast Pyrotechnics of Catawba, SC for $13,500 Per Year (Parks Transmittal, Bid Tabulation, Bid Proposal Price Form, East Coast Pyrotechnics Letter) The City Manager said this is a renewal with the same company that changed their name for the same type of show. 2 Special City Council Meeting April 28, 2010 Page Three MOTION by Ms. Coy and SECOND by Mayor Gillmor to approve the three year contract for fireworks with East Coast Pyrotechnics. Mr. Wright said he was amazed with the tripled cost between the first and second bidders. The City Manager said they did spec it out, used the existing contract and they feel confident it was a level playing field with the high company just being too high. In response to Mr. Wolff, the City Manager said the current contract is $13,250, so the increase is $250. Result of the roll call: AYES: All NAYS: None Motion carried. 10.072 D. Approve Special Event Permit for Riverview Park Reclaimed Ministries "Rock 81 -85 on the River" Community Memorial Weekend Celebration Concert Saturday, May 29, 2010 4 pm to 10 pm Request Free Use of City Stage Four Bands Two to Three Vendors (Parks Transmittal, Letter of Request and Application) The City Manager said this special use request was before Council because of the expected turnout. Mr. Wright noted they did not have evidence of insurance. The City Manager said it was discussed and he could request it. Mr. Wolff relayed concerns about the insurance; no evidence of the group being a 501(c) (3), no proof of Anything Under the Stars occupational license, and asked who pays for the police and event clean up. The City Manager said they would clean up and police their own event noting they did not request police services, and in the event anything isn't cleaned up, the City would keep the deposit. Mr. Wolff asked what if the stage is damaged and if the stage is available for any and all requests. The City Manager said staff has been liberal with the familiar non profits and other government agencies with the stage. Mr. Wolff pointed out that we can expect more requests for the stage and we should be sure there is a level playing field. Ms. Coy said that we have had requests, and she has a difficult time with public funds /public equipment/public taxpayers' parks being used for religious activities. She said if they accept one religious organization, we will have to accept others without exception or subject themselves to liability. She said public property is not the proper place to have religious activities, noting churches receive tax breaks and there are other arenas that can be rented that do not involve public funds. She said Council needs to look at whether we want to sponsor events of a religious nature and if we do open the door, we need to be prepared to accept any organization whether they ask to use the stage or not and she said public funds are used when the City workers set up and tear down the stage. 3 Special City Council Meeting April 28, 2010 Page Four Mr. Wolff said the other thing is there will be vendors and there needs to be a better understanding of the food disciplines and where the food sales profits will go. Mayor Gillmor said if they say they can't do this because it is religious, he asked where they stood on the Sunrise Service for Easter Sunday that utilized the stage. The City Manager requested clear direction from Council on how they want him to move forward. Mayor Gillmor said he would be more comfortable with proof of the 501(c) (3) credentials that it is a non profit. Mr. Wolff added that Anything Under the Stars should also provide proof of an occupational license. He said he was happy for anyone to use the Park as long as it was a level playing field, and he noted there are 30 -50 churches in our community so we could have a request every week. Mr. Wolff suggested a planning basis for the Park and suggested offering the other City parks. Mayor Gillmor said someone did mention there should be a master plan for the parks. Mr. Wright said he was concerned that it is not a City sponsored event and we should not be putting up any money and wasn't sure if this was a separation of church and state issue. He asked the City Attorney about the separation of church and state. The City Attorney emphasized the City is not sponsoring or endorsing the event, it is only a City locale and groups have a right to apply to use City assets and all they all need to be treated the same across the board with the same requirements such as insurance, security, permit, identifying the individuals. He said lawyers use three words to describe these kinds of things: time, place, and manner. He said Council can decide the day, if the City needs the park; if the entire park is needed or just a portion; and the manner in which they will be allowed to use a park. He said the City as a government is not involved in the content of what is proposed, but every application has to be viewed in the same way and if you treat everybody the same you will not have liability. He said Council was considering the right kind of things. MOTION by Mayor Gillmor to approve the event with the caveat that it is verified they are a 501(c) (3), have a business license, fire permit, and insurance. He said he did not want to approve free use of the stage. Ms. Coy asked who are the vendors and if they are licensed. Mr. Wright SECONDED the motion. Ms. Coy asked if the request for proof of the 501(c) (3) status was for both of the event's sponsors. Mr. Wolff clarified the 501(c) (3) request would be for the Reclaimed Ministries and the business tax license would be for Anything Under the Stars. Rick Mosher, Anything Under the Stars, said they were licensed and insured and expected a five to six hour concert. 4 Special City Council Meeting April 28, 2010 Page Five Steve Baran, Reclaimed Ministries, said they were a non profit in the state and 501(c) (3) under the umbrella of the International Fellowship of Chaplains. Mr. Wolff asked Mr. Mosher how the rental of the stage will affect their plans. Mr. Mosher said he understood there might be a reduced fee for non profit organizations. The Parks Superintendent said the security deposit was a refundable $250.00 and the half price for non profits with the set -up and break -down of the stage; it would be about $350.00. Ms. Coy asked if the Ministry would be collecting money and Mr. Mosher said the vendor would sell their items for cost. Louise Kautenburg, Sebastian, said she has nothing against any religion but she did have objection to a specific religion given exclusive right to the Park on a holiday weekend when other citizens might be able to use the Park. She said the City needs to be more conservative with public assets, and if they do for one, they must do it for all. She said this group has a website with lots of facilities in Melbourne and it is an outreach mission they want to have in our Park. Ms. Coy said the examples such as Easter Sunday Sunrise Service and Prayer Outreach on National Day of Prayer are usually one to two hour events and this is six hours, Memorial day weekend. She asked the City Attorney that if they design a park master plan with rules that only those non profit groups from the City of Sebastian could use the parks would be allowed. The City Attorney advised they could not do that as Riverview Park was grant funded by the state. Mr. Wolff said it is a Saturday night, Memorial Day weekend; it is hard for him to imagine with no police there, it would be opportunistic for criminal activity. Mayor Gillmor asked if there are police at the Chamber's Concerts in the Park. The City Manager said generally they go by their experience with police services, and require police when needed. He said staff did not think police services were needed for this event but if Council feels the need, it can be required and have them pay for the cost. Mr. Wright said he is uncomfortable discussing a standard practice without having something prepared as they may be setting precedent. The City Manager said they do have a written standard, and they charge staff to make sure certain things happen, and it becomes a judgment call. Mayor Gillmor invited Jim Sunnycalb to describe the Christmas Eve gathering that included over 300 people. Jim Sunnycalb described the peaceful gathering stating there will probably be more participants next Christmas and they need to know if they should obtain a permit. He said Pastor Goldsmith did rent the pavilion for Christmas. 5 Special City Council Meeting April 28, 2010 Page Six Richa H. Gillmor, Mayor ATTEST: Sally A. aio, MM City Clerk Ms. Coy said that was a spontaneous get together, and she didn't have an issue with that but a concert is different. Mr. Wolff said he would defer to staff for security, but going forward the City may want to think about increasing the $100. deposit as some may not worry about cleaning up or destroying property for $100. Mayor Gillmor said this could be included in the master plan. Result of the roll call vote: AYES: Gillmor, Wolff NAYS: Coy, Wright Motion failed by virtue of a tie vote. (Hill absent) 5. Being no further business, Mayor Gillmor adjourned the special meeting at 7:25 P.m. Approved at the May 12 2010 Regular City Council Meeting. 6