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HomeMy WebLinkAbout05122010City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff CITY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 12, 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. Rabbi John Goldring, Congregation Beth El, gave the invocation. 3. The Pledge of Allegiance was recited. 4. ROLL CALL City Council Absent: Council Member Don Wright (excused) Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Administrative Services Director, Deb Krueger Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Police Chief, Michelle Morris Police Capt., Mike Beyers Public Works Director, Jerry Converse Parks Supervisor, Chris McCarthy MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members The City Manager asked that item #12 I be moved up on the agenda after the consent agenda; and pull items 12 H G until the May 26 meeting so that Council Member Wright could give input on those matters. There were no objections to the City Manager's requested changes. Regular City Council Meeting May 12, 2010 Page Two 10.073 A. Presentation of Plaques to Employees of the Quarter Officer Eric Antosia Officer Ron Carlson Mayor Gillmor read a brief narrative describing Officers Antosia and Carlson recent act of heroism and presented the officers with plaques. 10.074 B. Certificate of Appreciation to Robin Ware City 2010 Census Representative Mayor Gillmor read and presented a certificate of appreciation to Ms. Ware. 10.075 C. Proclamation Sebastian Area Historical Society 25 Anniversary Acceptance 1 by George O'Neal Mayor Gillmor read and presented a proclamation to Mr. O'Neal who invited everyone to their free open house in the old school house on Saturday from 1:00 to 5:00 p.m. 10.076 D. Proclamation Safe Boating Week Acceptance by Commander William Boluk 3 and Vice Commander Frans Eyberse New 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. Mayor Gillmor read and presented a proclamation to Commander Boluk and Vice Commander Eyberse of the Sebastian Power Squadron who invited everyone to the free open house at the Coast Guard Station in Ft. Pierce on May 22 Inaugural "Pelli" Award Mayor Gillmor asked Officer Bill Jursik to come forward and said there is a new award called the "Pelli" to honor those who exemplify the spirit of Sebastian. He presented the first one to Officer Jursik who installed a mail box for an elderly resident on Easter Sunday. 10.077 E. Proclamation National Tourism Month Acceptance by Beth Mitchell, 5 Sebastian River Area Chamber of Commerce Vice Mayor Hill read and presented a proclamation to Ms. Mitchell and Ms. Holbrook. 10.078 F. Proclamation Cleaning for Reason Acceptance by Tom Heveron, 7 Beachland Cleaning Service, Participant with "Cleaning for a Reason" Mr. Heveron was not in attendance. Proclamation Emergency Services Workers Vice Mayor Hill read and presented the proclamation to Daisy Knowles. 2 Regular City Council Meeting May 12, 2010 Page Three 10.019 G. Announcement Tree City USA Designation Vice Mayor Hill presented the award to Rebecca Grohall, Growth Management Director who noted it is the tenth year that the City has been recognized. 10.079 H. Presentation of New City Websites Ed Herlihy (City Manager Transmittal) 9 The City Manager said this is part of the City's economic development effort to do more outreach and this was spearheaded by volunteer Mr. Herlihy who put together the "economic development" and "retire Sebastian" websites. Mr. Herlihy said this was a group effort with the assistance of Al Minner, Joe Griffin and Barbara Brooke Reese. He displayed the sites and said they were targeting different audiences to entice people to move here; they were open to suggestions; and he thanked local photographer, Jerry Peterman, who donated all of the aerial photographs. Mr. Hill asked what kind of working relationship was there with the Indian River Chamber and Sebastian Chamber who have been working on economic development. Mr. Herlihy said both sites have direct links to the Sebastian Chamber which will also link their site to the two sites. Mr. Hill asked where the information on these websites was derived from as the economic development website would have county -wide information available. Mr. Herlihy said the economic website has the entire City economic development plan, including the application. He said he spent a lot of time searching other websites to see what is offered. Hill said the County has some really great tools and hopes the City is utilizing those tools and updating the websites. Mr. Herlihy it is a cooperative effort and the City Manager is very supportive and it isn't hard to make changes. Mr. Wolff questioned the use of the building graphic on the economic development home page. Mr. Herlihy said it was deemed to attract attention but it is changeable. 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. 11 -20 A. Approval of Minutes 4/14/10 Regular Meeting 21 26 B. Approval of Minutes 4/28/10 Special Meeting 27 33 C. Approval of Minutes 4/28/10 Workshop 10.080 D. Approve Use of Chambers and Broadcast Services for Sebastian River Area 35 Chamber of Commerce Candidate Forums (City Clerk Transmittal) Regular City Council Meeting May 12, 2010 Page Four 10.081 E. Approve Amended and Restated Treasure Coast Regional League of Cities 37 43 Interlocal Agreement (City Clerk Transmittal, E -Mail, Agreement) 10.082 F Approve Closing Indian River Drive from Harrison Street North to Jackson Street 45 48 on November 13, 2010 from 6:45 a.m. to 9:30 a.m. for the Sebastian River Middle School IB Program 5K Run Fundraiser (Parks Transmittal Application, Letter) 10.083 G. Approve 50% Reduction of All Applicable Fees for Craft Club of Sebastian Craft 49 54 Shows at Riverview Park from 9:00 a.m. to 3:00 p.m. on 10/2/10, 11/13/10, 12/4- 5/10 and 1/8/11, 2/5/11, 3/5/11, 4/2/11 and 5/7/11 with Rain Dates of 10/3/10, 11/14/10, 1/9/11, 2/6/11, 3/6/11, 4/3/11 and 5 /8 /11(Parks Transmittal, Application, Letter) 10.084 H. Approve 50% Reduction of All Applicable Fees for Sebastian River Art Club's 55 59 Shows at Riverview Park from 10:00 a.m. to 4:00 p.m. on 11/20/10, 12/11/10, 1/15/11, 2/12/11, 3/12/11, 3/13/11 and 4/9/11 with Rain Dates from Noon to 4:30 p.m. on 11/21/10, 12/12/10, 1/16/11, 2/13/11 and 4/10/11 (Parks Transmittal, Application, Letter) Ms. Coy pulled G and H. MOTION by Mr. Hill and SECOND by Mr. Wolff to approve consent agenda items A -H passed on a voice vote of 4 -0. Item G and H Ms. Coy said she was not opposed to these events but would like to update the park plan in a workshop and include these two groups within the new plan. She said they take up 15 weekends of the year with their earliest date being October 2 and this postponement would not affect their schedules. Mayor Gillmor said he appreciated the need to revisit the park resolution but did not know that it needs to be a whole workshop. Mr. Wolff agreed. The City Manager reminded them that there are CRA and CIP meetings coming up. Ms. Coy suggested we try it on a regular agenda and if too much we can separate it out. Mr. Hill said he didn't see how approving these events would affect that resolution. Ms. Coy said we have another organization coming up and they may request 50% off and we have to be consistent. Mr. Hill said the organizations will rent the park 15 days and contribute to the community and that is why they are bought to Council. MOTION by Ms. Coy and SECOND by Mr. Wolff to pull items G and H until such time to rewrite Resolution No. R -02 -47 within 60 days. 4 Regular City Council Meeting May 12, 2010 Page Five Linda DeSanctis, Laconia Street, said our park is our jewel and everybody wants to be there and asked that they not rent out the entire park but only rent the pavilions. Mayor Gillmor asked that this be brought to the next agenda on May 26th. Result of the roll call: AYES: Coy, Wolff, Gillmor, Hill NAYS: None Motion carried 4 -0 (Wright absent) 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. 10.087 I. Pain Clinics Report (PD /GMD Transmittal, Memo, News Articles, DVD) 205 -229 The City Manager said this was before Council as the result of some recent Council Member inquiries. The Growth Management Director said there in an increase in pain clinics and pain management clinics in the South that have contributed to a rise in prescription drug abuse, identify theft, organized crime and drug overdose. The Police Chief turned the mic over to Detective Theo Robinson who made a presentation. Detective Robinson said he has gained knowledge regarding the pain clinics over the last five years; the most prevalent drugs are oxycodone and alprazolam and the City is not immune from these clinics. He described some of his recent cases and displayed a PowerPoint presentation. (see attached) Ms. Coy mentioned that there is State legislation pending to create a database of these offenders and Detective Robinson said it did pass but has yet to be funded and still leaves gaping holes in the system. Ms. Coy pointed out that Florida does not have the database that tracks these doctors, but the states that do have less of a problem. Detective Robinson said there are 11 deaths a day in Florida due to oxycodone. He displayed an evidence box of drugs and supplies confiscated from a 55 year old unemployed plumber who made $45,000 a month selling drugs. He urged Council to act quickly and take steps. Mayor Gillmor asked how they could help. The Growth Management Director recommended a moratorium against the issuance of local business tax receipts and during the moratorium, they could write code that would require practices that prescribe pain medicine be owned by a physician. She said other municipalities have made it impossible to dispense medicine on -site. Mr. Wolff said it is sad to see that the people who are doing the resales are the ones getting busted but the doctors are operating with impunity. Detective Robinson replied many of the clinics are owned by regular people who advertise for doctors on Craigslist who can write these prescriptions. He suggested that the City could require that a clinic has to be opened by a doctor. 5 Regular City Council Meeting May 12, 2010 Page Six In response to Ms. Coy, Detective Robinson said they were lucky in that the county pharmacies are working closely with them. Mr. Hill asked if they could implement an emergency moratorium tonight. The City Attorney advised he is not a fan of moratoriums, but Council could implement an ordinance tagging business tax licenses as suggested in the packet by next month and if that was not fast enough, Council could enact a moratorium. He said the problem is that the City is a small city with boundaries and people will simply cross boundaries but we can do our part and make it as inconvenient as possible for those who break the law. Mr. Hill said he was concerned about how much money someone could make; and how many people could die between now and September. He asked the Chief if September is soon enough to stop this. The Chief said it was hard to say but they are investigating a pain clinic right next to the police department, so realistically there is one already in the City. MOTION by Mr. Hill and SECOND by Mayor Gillmor to approve an emergency moratorium to stop these pain clinics from coming to Sebastian until we can have ordinance in place such as the one outlined on circle page 215. There was no public comment. Result of the roll call: AYES: Wolff, Gillmor, Hill, Coy NAYS: None Motion carried. (Wright absent) 10.001 A. Planning Zoning Commission 61 -68 (City Clerk Transmittal, Application, Ad, List) Interview Unless Waived, Submit Nominations to Fill One Expired Regular Member Term (City Clerk Transmittal, Application, Ad, Board Member List) Mr. Roth, Lake View Drive, Sebastian, said he was appointed three months ago and he welcomed the challenge the Commission is currently undertaking with the comp plan revisions and would like to continue for another term. Mr. Roth was nominated by Ms. Coy and Mayor Gillmor with no objections from the other members. Mr. Roth was appointed to another term on the Commission with an expiration date of May 1,2013. 9. PUBLIC HEARINGS None See adopted Emergency Ordinance No. 0 -10 -02 attached to these minutes. 6 Regular City Council Meeting May 12, 2010 Page Seven 10. UNFINISHED BUSINESS 10.062 A. Consider Resubmitting 2007 Objection Resolutions to Indian River County Re: 69 -76 Ocean Concrete (City Clerk Transmittal 5/6/10 and 4/14/10, 4/28/10 Minutes Excerpt, Chrono, Resolutions R -07 -02 and R- 07 -23) The City Manager said this was brought back to reconsider issuing their objections to Ocean Concrete to the County. MOTION by Coy and SECOND by Hill to let the County know the City of Sebastian does not support Ocean Concrete at that location. Dale Simchick, S. Easy Street, thanked Council for bringing the item back and suggested updating their objection and resend it. Ms. Coy said her biggest fear was trains slowing down and blocking nearby intersections. Result of the roll call vote: AYES: Gillmor, Hill, Coy, Wolff NAYS: None. Motion carried. (Wright absent) 10.072 B. Approve Special Event Permit for Riverview Park Reclaimed Ministries "Rock 77 83 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 (Revised Parks Transmittal, Letter of Request and Application, 501(c) (3) Form, Business Tax Receipt [License]) (Will Provide Insurance Certificate and Fire Department Permit Prior to Event If Approved) The City Attorney said he bought this back as it failed with a 2 -2 vote and the Charter requires three affirmative votes for action so there was no official action taken on the application. He said the application is similar to any other application for use of the park; the use of public parks is recognized by the first amendment of the US Constitution; the short version is there is a recent US Supreme Court case deciding two issues involving Sebastian. He said one case involved permanent memorials such as the Four Chaplains monument authorized by Council and the other is the use of public parks. He read four sentences from the decision: Pleasant Grove City Utah vs. Summum The government does not have a free hand to regulate private speech on government property. This court long ago recognized that members of the public retain strict free speech rights when then venture into public streets and parks which have immemorially been held in trust for the use of the public and time out of mind have been 7 Regular City Council Meeting May 12, 2010 Page Eight used for purposes of assembly, communication, communicating thoughts between citizens and discussing public questions. In order to preserve this freedom government entities are strictly limited in their ability to regulate public speech in traditional public forum. Reasonable time, place, and manner of restrictions are allowed. The City Attorney said part of rewriting the park use resolution will be the consideration of time, place and manner. He advised that Reclaimed Ministries needs to be treated the same as other applications. He said that he asked the City Manager how he would have handled the applications if the group expected a smaller turnout and the City Manager said he would have issued the permit and for Council to do otherwise requires a significant consideration of factors that would justify that decision. He said the Courts use the highest standard of review which is "strict scrutiny." He said he read the excerpt to show how seriously the courts view the use of public assets, and he noted Council's obligations are to ensure the assets are available for first amendment participation. He said this is the last practical meeting before the group's event and he wanted Council to hear what he had to say. MOTION by Mr. Hill and SECOND by Mayor Gillmor to approve Reclaimed Ministries Rock on the River Event at Riverview Park on Saturday, May 29 from 4 -10 p.m. Louise Kautenburg, Sebastian, encouraged Council to treat the application on a level playing field and she asked if Council allows the use of the stage, they should consider allowing the use of other City equipment. Elizabeth Walton, Wentworth Street, Sebastian, thanked the City Attorney for bringing this back and said the youth need a positive thing to do and any organization that wants to provide something for them to do is wonderful. Linda DeSanctis, Laconia Street, Sebastian, asked Council not to rent the entire park unless it is a City sanctioned function noting there are other facilities that could be used. Sandy Vandermill, Sebastian, said this wasn't about faith but opening the park up to attract open tourism and bring people to the area. Mr. Wolff said he respected what the City Attorney advised in that we should not prevent or attempt to legislate, by way of permit, the freedom of speech so the event should go on. 8 Regular City Council Meeting May 12, 2010 Page Nine He said he was concerned with conducting commerce at this event, noting he wanted to see proof of the 501(c )(3) status of the group. He said the 501(c )(3) document is not for the person making application for the event but Reclaimed Ministries, Steve Baran, with a US 1 address which is also different than the application. He also pointed out that the document is stamped May 6 but was faxed May 5th He said that he didn't see how they can accept the non profit status with the evidence that they have provided. Mayor Gillmor there were two gentlemen here earlier and at the last meeting, with one being Steve Baran, who was under the umbrella of the 501(c) (3) organization. Mr. Hill said staff could check the status of the document before going forward. The City Manager offered to check on the 501(c )(3)non- profit document. Ms. Coy said she noticed the same discrepancies as Mr. Wolff and she called the IRS who could not verify the document was correct but Reclaimed Ministries was just approved April 6, 2010. Mr. Hill asked Mr. Wolff that if it was proven the group was a 501( c)(3), would that resolve his concerns. Mr. Wolff said it would but there is still a question of the use of the stage. The City Manager said staff reintroduced the initial application and unless the stage use is modified, they would have use of the stage. Mr. Hill said he would be open to discussion on that. Mayor Gillmor offered a secondary motion to cut the application fee in half. MR. HILL AMENDED HIS MOTION to cut the application fee in half and direct staff to ensure Reclaimed Ministries is a legal 501(c )(3). Ms. Coy asked where staff came up with the non profit fee. The City Manager said it was part of the administrative policy on rental of the stage. The Parks Superintendent explained there is a "stage use permit." Ms. Coy said what we do for one; we need to do for all. She said the Park should not be let until Council has come up with a policy. The City Attorney said the major difference is Council's motion to defer on items #G H and the commitment with staff to come back won't in any way cause an issue with timing; but it would de -rail this application. Mr. Hill CONFIRMED THE QUESTION is approval with staff confirmation of 501(c )(3) status with the stage leased at the non profit rate. Mr. Wolff added that proof of insurance and a fire permit would also be provided. 9 Regular City Council Meeting May 12, 2010 Page Ten Result of the roll call vote: AYES: Hill, Wolff, Gillmor NAYS: Coy Motion carries 3 -1. (Wright absent) Mayor Gillmor called recess at 8:26 p.m. and reconvened the meeting at 8:44 p.m. All members, except for Mr. Wright, were present. 11. PUBLIC INPUT none. 12. NEW BUSINESS 10.084 A. Sebastian River Art Club Facility Use Proposal (City Manager Transmittal) 85 As a member of the Art Club's Board of Directors, Mayor Gillmor turned the gavel over to Vice Mayor Hill. (see abstention form attached) The City Manager said various community groups have used the old Council chambers since staff vacated the premises and the Art Club has asked to make improvements to the building. Toni Hill, 766 Vocelle Avenue, distributed an outline of their proposal (attached) adding that fifteen members are interested in turning the back rooms into gallery space. Mr. Wolff asked how many square feet the Club is requesting noting this was mentioned at the last meeting that Council should look at using the buildings, and he asked how they would feel if they renovated the building but was only allowed to use 400 square feet with another organization also in the building. Ms. Hill said they would appreciate any space to start with and see if this could get off the ground. Mr. Wolff said they do need to decide what they are going to do with those buildings and equally share them amongst other groups. Ms. Coy pointed out the building might even come down. She asked if any other groups where interested. The City Manager said there were and so far, they have been accommodated, but he wanted to make sure Council knew what was going on, and he recommended a formal lease be put together. Ms. Hill said the interested fifteen members have signed up for a six month trial run. 10 Regular City Council Meeting May 12, 2010 Page Eleven The City Manager requested direction to enter into lease negotiations and bring a lease back to Council. There were no objections. Mayor Gillmor retrieved the gavel. 10.038 B. Resolution No. R -10 -14 Adopting Amendments to the Fiscal Year 2009 -2010 87 132 Budget (Administrative Services Transmittal, R- 10 -14, 2 Quarter Comparison, Capital Project Status Report, Schedule of Investments, Accomplishments, Crime Status Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010 AS PROVIDED FOR IN EXHIBIT "A PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager said this amendment has been favorably reviewed by the Citizens Budget Review Advisory Committee. MOTION by Mr. Hill and SECOND by Mr. Wolff to approve Resolution No. R- 10 -14. The City Attorney read the title of Resolution No. R- 10 -14. Result of the roll call vote: AYES: Coy, Wolff, Gillmor, Hill NAYS: None Motion carried. (Wright absent) 10.033 C. Approve Final Change Order #19) to S. E. Cline for Collier Canal Protect in the 133 138 Amount of $58,061.45, Return $549,681 to Stormwater Utility Fund, and Authorize Staff to Close the Project at the Conclusion of Water Monitoring (Administrative Services Transmittal, Change Order, Summary) The City Manager said this is the final change order to settle dredging expenses associated with the Collier Canal project. He explained that he and the Administrative Services Director knew there would be a second dredging phase as explained in the agenda transmittal. He explained separate authorizations are needed: 1) to execute the final change order #19 to make the final payment to S.E. Cline, 2) return $549,681 to the Stormwater Utility Fund, and 3) leave about $20,000 to manage the water monitoring. MOTION by Mr. Hill and SECOND by Ms. Coy to authorize 1) the execution of final change order #19 in the amount to $58,061.45 S.E. Cline; 2) return $549,681 to the Stormwater Utility Fund; and 3) leave about $20,000 to manage the water monitoring and take care of a few ancillary situations. Mr. Wolff asked if there is any money held for anticipated maintenance. 11 Regular City Council Meeting May 12, 2010 Page Twelve The City Manager said there will be maintenance but it would need to come out of the general fund or stormwater funds. He noted the funds being returned to the stormwater fund are not eligible to be used for maintenance. The City Manager gave accolades to Deb Krueger as the project manager which demonstrated why she was promoted. He also gave accolades to Jerry Converse, Bucky Gerber, Tim Walker, and Ginny Sieferd for a great job on the project. Result of the roll call vote: AYES: Wolff, Gillmor, Hill, Coy NAYS: None Motion carried. (Wright absent) 10.085 D. Approve Work Authorization #4 to Masteller Moler, Inc. for Professional Service 139 -142 to Support Negotiations for Acquisition of Right -of -Way for the Powerline Road Project from the Indian River School Board in the Amount of $9,500 (Administrative Services Transmittal, Work Authorization, Summary) The City Manager said extra time was spent on this to acquire 1.2 acres to align Powerline Road with Delaware Road to the south and the School's driveway to the north and staff recommended approval. MOTION by Mr. Hill and SECOND by Mr. Wolff to approve Masteller Moler, Inc. work authorization #4. There was no public input. Result of the roll call vote: AYES: Gillmor, Hill, Coy, Wolff NAYS: None Motion carried. (Wright absent) 10.086 E. Resolution No. R -10 -10 Vacation of Plat, Fischer Lake Island (GMD Transmittal, 143 -150 R- 10 -10, Plat, Letter) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, TO VACATE AND ANNUL THE FISCHER LAKE ISLAND, PHASE SEVEN SUBDIVISION PLAT, PROVIDING FOR CONFLICTS; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution Nos. R -10 -10 and R -10 -11 by title. MOTION by Mr. Hill and SECOND by Ms. Coy to approve Resolution No. R- 10 -10. Warren Dill, Attorney for the applicant, said he was available for any questions. 12 Regular City Council Meeting May 12, 2010 Page Thirteen Result of the roll call vote: AYES: Hill, Wolff, Gillmor, Coy NAYS: None Motion carried. (Wright absent) 10.086 F. Resolution No. R- 10 -11- Approving Replat of a Portion of Fischer Lake Island 151 162 (GMD Transmittal, R- 10 -11, Replat, Application, City Surveyor, Engineer, Clerk of Court's Approval) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS REPLAT OF A PORTION OF FISCHER LAKE ISLAND, PHASE SEVEN; PROVIDING FOR CONFLICTS; PROVIDING FOR EFFECTIVE DATE. MOTION by Mr. Hill and SECOND by Mayor Gillmor to approve Resolution No. R- 10 -11. Result of the roll call vote: AYES: Wolff, Gillmor, Coy, Hill NAYS: None Motion carried. (Wright absent) 10.023 G. Review Street Resurfacing Report (City Manager Transmittal, Plan) 163 185 This item will be carried forward to the May 26 agenda. 10.070 H. CR 512 Beautification Project (City Manager Transmittal, Plan) 187 203 This item will be carried forward to the May 26 agenda. 10.087 I. Pain Clinics Report (PD /GMD Transmittal, Memo, News Articles, DVD) 205 229 This item was moved forward on the agenda. 13. CITY ATTORNEY MATTERS none. 14. CITY MANAGER MATTERS Powerline Road The City Attorney explained there is going to be a dedication to the City and once it is offered, the Council must decide if they want to accept it. He said the School Board wants to see the document signed first indicating the City wants the dedication. In response to Mr. Wolff, the City Manager said this was done at the advice of the School Board's Attorney. He said the Mayor will execute now and after action of the School Board, the items will be brought back for formal approval by Council. 13 Regular City Council Meeting May 12, 2010 Page Fourteen 15. CITY CLERK MATTERS none. 16. CITY COUNCIL MATTERS A. Council Member Wright absent B. Mayor Gillmor none. C. Vice Mayor Hill Approved at the May 26, 2010 Richard H. Gillmor, Mayor Police Dept. The City Manager said he would like to show citizens that they are receiving a bang for the buck for example the Police Department budget is 4.6 M and when that is compared to other departments of like size or other departments around the Treasure Coast, we are beating others with cost per thousand with officers less per thousand with a crime rate that is relatively reasonable when compared to other places. He said we have a great police force, reasonable crime rate and we are not paying a lot for it and on average, it is $500 per household that goes to the Police Department which displayed three exemplary examples of professionalism tonight. Mr. Hill congratulated the 8 grade class of Sebastian Middle School's IBMYB Program who graduated last night and in particular Macy Hill who has worked very hard over the last three years and has a very proud father. D. Council Member Coy Ms. Coy said she was very concerned with oil spilling in the gulf and let the public know that there are people taking action in the event the oil reaches us. The City Manager said some of the local commercial fishermen have been asked to help contain the oil and County Emergency Services Director John King has been sending periodic updates but the City has not been called to action at this point. Ms. Coy said there is a plan to shut the inlet should the oil come that way. E. Council Member Wolff none. 17. Being no further business, Mayor Gillmor adjourned the regular meeting at 9:28 p.m. regular City Council meeting. ATTET fo r Sally A. Maio, MMC Qity Clerk COX, rYi c(e_ric_4 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME MIDDLE NAME Gillmor, Richard H. NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Sebastian City Council MAILING ADDRESS 1225 Main Street THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: L& CITY COUNTY OTHER LOCAL AGENCY CITY COUNTY Sebastian Indian River NAME OF POLITICAL SUBDIVISION: City Council DATE ON WHICH VOTE OCCURRED May 12 2010 MY POSITION IS: R 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). APPOINTED OFFICERS: 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. 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. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Richard H. G i l l m o r hereby disclose that on M a1 12 (a) A measure came or will come before my agency which (check one) X 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 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: Date Filed I sit on the Board of Directors for the Sebastian River Art Club and serve as the Mayor of Sebastian. May 17, 2010 20 10: by which 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 Sebastian River Art Center General Description: A community Art Center that showcases the Visual Arts, Painting, Sculpture, Drawing and Photography. Mission Statement: The mission of the Sebastian River Art Center is to cultivate an appreciation of the visual arts in our community and provide a venue for art classes for all ages of residents. Goals: The goals of the Sebastian River Art Center are three fold. First is to serve as a gallery to showcase artworks from Sebastian artists. Second to create a venue for traveling art exhibits, and third to provide space for art classes that will cater to all ages; school age to seniors. Management: A standing committee of the Sebastian River Art Club, a non -profit corporation that has partnered with the city for the last 38 years, will manage the Art Center. Limited hours of operation will correspond with those of the Sebastian Historical Museum located next door. Financial Considerations: Sebastian River Art Center proposes to fund the needed improvements from our treasury through donations from the core group of artists who will be participating in the member section of the gallery at the Art Center. We also anticipate a large infusion of "sweat equity" being applied to this project in regards to cleaning, patching and painting along with the staffing of the center by Art Club volunteers. ORDINANCE NO. 0 10 -02 AN EMERGENCY ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING A NINETY (90) DAY MORATORIUM ON THE ISSUANCE, TRANSFER AND RENEWAL OF LOCAL BUSINESS TAX RECEIPTS FOR CERTAIN PAIN CLINICS OR PAIN MANAGEMENT CLINICS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Section 2.13 of the Charter authorizes the City of Sebastian to enact emergency ordinances; and WHEREAS, the Municipal Home Rule Powers Act, Chapter 166.041 (c) of the Florida Statutes, grants municipalities the statutory ability to enact an emergency ordinance; and WHEREAS, the Sebastian Police Department made a PowerPoint presentation to the City Council on May 12, 2010, describing the public health and crime issues relating to the proliferation and activities of Pain Clinics and Pain Management Clinics which presentation is incorporated herein by this reference as if transcribed and fully set forth herein; and WHEREAS, it is appropriate and in the best interest of the City of Sebastian to enact a moratorium prohibiting the issuance, transfer and renewal of local business tax receipts for certain Pain Clinics and/or Pain Management Clinics, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. MORATORIUM ON THE ISSUANCE, TRANSFER AND RENEWAL OF LOCAL BUSINESS TAX RECEIPTS FOR CERTAIN PAIN CLINICS AND PAIN MANAGEMENT CLINICS. a. The foregoing recitations are hereby incorporated as a portion of this emergency ordinance. b. c. The Sebastian City Council, in the exercise of its legislative discretion, hereby finds and determines that a public health emergency exists and the immediate enactment of this emergency ordinance is necessary to forestall the proliferation of certain Pain Clinics and Pain Management Clinics within the municipal limits As of May 12, 2010, no local business tax receipt shall be issued, transferred or renewed for certain Pain Clinics or Pain Management Clinics as defined herein. d. This moratorium shall expire on August 11, 2010, or upon the effective date of amendments to the City Code of Ordinances regulating certain Pain Clinics and Pain Management Clinics if enacted earlier than August 11, 2010. Section 2. DEFINITIONS, EXCEPTIONS. For the purpose of this emergency ordinance, the following definitions are used: (1) "Pain Clinics" or "Pain Management Clinics" defined. The terms Pain Clinics or Pain Management Clinics are defined as offices or pharmacies the primary business purposes of which are to prescribe or dispense pain medication such as opioids including fentanyl, hydrocodone, morphine and oxycodone, or any controlled substance identified in Schedules II, III, and IV of Sections 893.03, 893.05 or 893.0355 of the Florida Statutes. (2) Exception. The definition of Pain Clinics or Pain Management Clinics shall specifically exclude clinics or medical practitioners' offices that: (a) are fully owned by one or more physicians, licensed by the State of Florida and are board certified in pain management, and (b) physicians employed by the practice, who spend the preponderance of their professional time prescribing controlled substances, are also board certified in pain management. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Emergency Ordinance is invalid or unconstitutional, the remainder of this Emergency Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Emergency Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Emergency Ordinance will take effect immediately upon adoption by the City Council. The Mayor thereupon declared this Emergency Ordinance duly passed and adopted this 12 day of May, 2010. The foregoing Emergency Ordinance was moved for adoption by Councilmember H i l l The motion was seconded by Councilmember G i l i m o r upon being put to a vote, the vote was as follows: ATTEST: Sally A. Ma' I MMC City CIerk Mayor Richard Gillmor aye Vice Mayor Jim H i l l aye Councilmember Andrea Coy aye Councilmember Eugene Wolff a y e Councilmember Don Wright absent CITY OF SEBASTIAN, FLORIDA Mayor Approved as to form and legality for Reliance by the City of Sebastian only: „ad Robert A. Ginsburg, City Aftorney and,