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HomeMy WebLinkAbout05262010City 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, MAY 26, 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. Rev. Ellie Lea, First Presbyterian Church of Sebastian gave the invocation. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg Records Program Manager, Donna Cyr Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Deputy Police Chief, Greg Witt Police Captain, Bob Lockhart Public Works Director, Jerry Converse Parks Supervisor, Chris McCarthy MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 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. 10.001 A. Certificate of Appreciation to Chuck Neuberger, Planning Zoning Committee Service Mayor Gillmor said that Mr. Neuberger had asked to receive his certificate at the June 9 meeting. Regular City Council Meeting May 26, 2010 Page Two Mayor Gillmor noted there had been a request for a presentation of a check to the City, the City Manager noted the request had been changed, Damien Gilliams approached the podium. Mr. Wright called for a point of order and Ms. Coy asked if this should not have been an agenda modification. Mayor Gillmor requested to modify the agenda to accept a check for the Junior Golf League. MOTION by Mr. Wright and SECOND by Mr. Wolff to amend the agenda for a presentation on the Junior Golf League passed with a voice vote 5 -0. Damien Gilliams, Owner of No Name Sports Bar, Sebastian, said he worked with the Golf Director to raise money for kids not fortunate enough to play. He thanked Brake City of Sebastian, Paradise Florist Gifts, Shears to You Salon, Menz Battista, Esq., Benchmark Kitchen Cabinets, Talk of the Town Hair Salon, Treasure Coast Aluminum, Leon Nichols, Esq., the Municipal Golf Course, and Discount Coastal of Sebastian for the $1,211.00 donation and said interested kids should contact him or the Golf Course Director for funding assistance. 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. 1 -14 A. Approval of Minutes 5/12/10 Regular Meeting 10.090 B. Resolution No. R -10 -16 Urging State to No Longer Utilize State Transportation 15 -19 Funds to Balance State Budget (City Clerk Transmittal, R- 10 -16) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO FLORIDA STATE TRANSPORTATION TRUST FUND; REQUESTING THAT THE GOVERNOR VETO THE CURRENT "SWEEP" AND THE FLORIDA LEGISLATURE NOT MAKE FUTURE "SWEEPS," TRANSFERS, OR DIVERSIONS OF MONIES FROM THE STATE TRANSPORTATION TRUST FUND; PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. MOTION by Mr. Wolff to approve consent agenda items A and B. The City Attorney asked Council to include the adopted emergency Ordinance No. 0 -10 -02 as an exhibit to the minutes of Item B. Mr. Wolff agreed to this and Ms. Coy SECONDED approval of consent agenda items A and B with the reference requested by the City Attorney passed with a voice vote of 5 -0. 8. COMMITTEE REPORTS APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10.088 A. Parks and Recreation Advisory Committee 21 -32 (City Clerk Transmittal, Applications, Ad, List) Interview Unless Waived and Submit Nominations for One Expired Regular Member Position with a Term to Expire May 1, 2013 Regular City Council Meeting May 26, 2010 Page Three Mayor Gillmor said there were three applicants. Scott Simpson, Sebastian, said he is a teacher and interested in the involvement of kids as he is the father of two and four year sons who know where all the parks are. He also offered to liaise with the School District and Council. Mr. Wright said Council was discussing utilizing the schools for activities and asked if that was possible. Mr. Simpson said he was not authorized to give authority but would be happy to speak with the School District. John Tenerowicz, 310 S. Wimbrow, said he is familiar with the parks as he just retired as a parks foreman who built or maintained most of the City's parks, he volunteers with the Sebastian Police Department and chairs the City Employee's Events Committee. John Danise approached the podium. Mr. Wright said Mr. Danise took his spot on the Committee and asked him how the Committee should run, how often to meet, and be organized. Mr. Danise said the Committee should run as designated in code; noted he made a motion at their last meeting to meet quarterly unless the chair or two members ask for a specific meeting as the energy to have a meeting could be saved. He noted only eight people have attended the meetings since his service. He said he recommended listing the members on the City web page so they could be contacted and open to the public. Mr. Hill said it was nice to have so many civic minded individuals applying. Ms. Coy nominated Mr. Simpson. Mr. Wolff nominated Mr. Danise. Mr. Hill nominated Mr. Tenerowicz. Roll call on the nominations was as follows: Mr. Hill Tenerowicz Ms. Coy Simpson Mr. Wolff Danise Mr. Wright Simpson Mayor Gillmor Danise This resulted in a tie between Mr. Simpson and Mr. Danise. Roll call on the tie was as follows: Ms. Coy Simpson Mr. Wolff Danise Mr. Wright Simpson Mayor Gillmor Danise Mr. Hill Simpson Mr. Simpson was appointed to the regular member position with a term to expire May 31, 2013. The Deputy Clerk advised that Council will be filling another vacancy at their June 9th meeting. Regular City Council Meeting May 26, 2010 Page Four 9. PUBLIC HEARINGS None 10. UNFINISHED BUSINESS 10.023 A. Review Street Resurfacing Report (City Manager Transmittal, Plan) 33 -45 The City Manager said he wanted to review the streets they have inventoried for resurfacing that were grouped into four categories: good, fair, poor, and bad. He reviewed staff's recommended action on circle page 34 and said Frank Wantanabe from Neel- Schaffer was available for questions. Mr. Wright said the subdivision where he lived was in the process of fixing Fischer Circle and they found the major cost was the asphalt and 1 '/2 inch of asphalt would be needed to do a good job but he went back to page 41 and it says'/ inch was used to estimate the number of tons needed for the level course, and he asked if the cost projections would be substantially different. Frank Wantanabe, Neel- Schaffer, explained a half inch is the leveling course, then one inch is added so the analysis is for 1 inch roadway. Mr. Hill asked what staff's plan was for the poor roads in the CRA District. The City Manager agreed those roads could be done with CRA funds, but Council direction has been hold spending while Council revisits the CRA master plan; and he noted that they talked about one -way streets, adding landscaping and a couple of different things, so before the streets are repaved they should be sure that is where they want to go. He said he planned to have the first CRA master plan workshop on June 9 at the end of July they will have a better feeling for CRA monies, and then they can talk about repaving. He said if it was Council's inclination to pave the streets they could be added but he wasn't sure where Council would want to go with capital improvements so he did not commit any funds except those for Indian River Drive to solicit a micro surfacing number. Mr. Hill agreed that it would be foolish to spend CRA dollars until we are sure, but noted they will not have beautification without resurfacing or restructuring. Mr. Wright added the CRA's roads in are in very poor condition and one of his biggest concerns was that the cost for total restructuring is high compared to maintenance and they should look at maintenance funding in the upcoming budget process. Mayor Gillmor said he would much rather see money put into the poorest streets than micro surfacing Indian River Drive. Ms. Coy agreed the roads should be done and list Indian River Drive under the poor category. Mr. Wolff asked the City Manager if $161,000 was for resurfacing. The City Manager directed Council to circle page 34, noting they listed the streets that need to be repaved and repaired and at Council's direction, staff could go ahead with the chart listed which adds up to $161,000. Mayor Gillmor said if it is listed on the agenda, it is certain that it will get done but the businesses in the district need to know they will get their roads fixed. Regular City Council Meeting May 26, 2010 Page Five The City Manager pointed out the paragraph under the chart indicates the district's roads that could be done. Mr. Hill said that two weeks ago bump outs was the thing to get done now and now they are talking about roads and the entrance which means they don't have a plan. He suggested not spending a dime until a plan is in place. Ms. Coy suggested they don't have to pay for the roads with CRA funds but they will know better after the workshop. Mr. Wright said Mr. Hill made an excellent point, noting they could have construction equipment drive over a freshly paved road and having a plan in place will save money in the long run. Mr. Wolff said he was going to ask about the $161,000 number because Indian River Drive was not included but he understood now why it was not and he cautioned that if Council wants to do the district's roads, Indian River Drive should be last. The City Manager agreed and noted that when they go out to bid, they will have a unit cost for renourishment, rebuilding base, asphalt paving, and micro surfacing so they can always add later and use the unit costs for a change order. Mr. Wolff directed Mr. Wantanabe to circle page 7, under D. Estimating Pavement Budget Items Full Depth Reclamation with Recycled Cement Treated Base and said it doesn't actually tell how the cost is calculated and what part of FDOT standards it comes from. Mr. Wantanabe clarified that reconstruction is the highest cost which includes the entire depth of the roadway including the base and the soil; and reclamation is what is happening on Barber Street with the grinding using some of the material as the new base and you don't know how far until you start to grind down, and sometimes they have to go down the entire 8 inches. Mr. Wolff said the other items described how the unit bid that is measured. Mr. Wantanabe said it is typically square yardage because the third number is unknown which is why you cannot use cubic measurement. Mr. Wolff asked if they are up to FDOT standards. Mr. Wantanabe said all of the proposals meet FDOT specs and FDOT understands that lower agencies can't meet the high requirements but many cities are resurfacing so all these meet the local agency standards. Mr. Wolff said when he traveled down streets recommended for micro resurfacing, he noticed the edges have chunks of asphalt are missing, and asked how they weighed that up. Mr. Wantanabe said he and the Public Works Director drove every street and looked at the wheel tracks, then center, then edges, and used the majority of the road to rate them. Regular City Council Meeting May 26, 2010 Page Six Mr. Wolff asked if the potholes will be done at the same time as the micro surfacing or later. Mr. Wantanabe said there is a contract in place and they should be done at the same time with the hot mix. Mr. Wolff asked why they see sunken asphalt. Mr. Wantanabe said asphalt installation is an art, and unless a little rise is included, it compacts down and makes a dip. Mr. Wolff said he wanted to ascertain if the City had the equipment to repair potholes. Mr. Wantanabe said asphalt repair should be farmed out because of the equipment's high cost. MOTION by Mr. Hill and SECOND by Ms. Coy move to approve staff recommendation. Public Comment Damien Gilliams asked Council not to tap into the CRA funds to repair the district roads as they already paid gas taxes so it will be double dipping the tax payers. Result of the roll call: AYES: Wolff, Wright, Gillmor, Hill, Coy NAYS: None Motion carried. 10.070 B. CR 512 Beautification Project (City Manager Transmittal, Plan) 47 -56 The City Manager said he wanted to bring this back to inform Council of the construction plans for the intersections at Roseland, Barber, and Fleming Streets noting the City still needs to receive the LAP certification; and the County still needs to approve the improvements and the maintenance. Mr. Hill said he was glad the City Manager clarified it was the County who has looked down upon these efforts in the past; and he urged Council to consider maintaining CR512 that the City chooses to beautify. The City Manager said there will be five flower beds and mowing grass to add to staff's list which should be carefully considered when considering new projects. Mr. Wright said since we are looking at a master plan, if we decide to set up a master plan for US 1 it is important we adjust this to match, adding the final design should be part of the overall look we want. Mr. Hill said we have an overlay of the corridor and he would separate the two as two areas of our community, noting this is in line with the plan. Mr. Wolff said there is a limit of square footage to work with on CR512. Mr. Wright said no action is required tonight, but just that the consistency blends together. Ms. Coy said they may want to reconsider the beginning of the triangle once it comes to CRA as it is a gateway. Regular City Council Meeting May 26, 2010 Page Seven Mr. Hill pointed out the triangle is part of both of the overlays. He said the actual buildings are different on CR512 than on US 1 and there should be a smooth transition. The City Manager clarified once they receive LAP certification, he will get County approval, then go out to bid and come back to Council with a construction agreement. Mayor Gillmor requested a visual rendering or picture so he can visually see what is going in. The City Manager pointed out that he did ask if they had a problem that they get back to him and had included vegetation notations a few time throughout the transmittal. He continued that going forward the issue is the middle median serves as retention pond requiring detailed calculations on how much retention we are taking away and they will be fighting where that water will go, becoming an engineering challenge to improve the corridor. He also said there could be mitigation issues such as plantings, not filling in holes, bump outs in medians and Council may want to look at this in the CIP planning. In response to Mayor Gilmor, the City Manager again said nothing could begin until they received the LAP certification, and in response to Mr. Wolff, the City Manager said the funding would come from DST funds. Mr. Wolff said the medians do serve as retention ponds and we will have to work with what we've got and make it aesthetically pleasing. Ms. Coy said she sees some potential to reroute some of the water to make it more appealing. There was no public input on this issue. 11. PUBLIC INPUT Linda Sevenliss, 317 Sea Grape Avenue, 19 year resident, said she has a neighbor with a pot belly pig and roosters and she asked how the code can be changed regarding pet animals. The City Manager said Ms. Sevenliss has spoken to Code Enforcement and the code prohibits livestock, but the next code paragraph makes an exception for pigs. He noted at the time when the code was being rewritten from a rural code to a more urban code many had pigs as pets providing for the exception today. He said to immediately help Ms. Sevenliss, Code Enforcement will have to ensure the owner is following pig exception rules that the pig is full blooded pot belly, goes to a vet, and stays inside for ten hours a day. Mr. Hill asked about the chickens. The City Manager said the chickens have to be caged. Mr. Wright asked about health and sanitary conditions. Regular City Council Meeting May 26, 2010 Page Eight The City Attorney said the pig is covered under code section 18 -31, the health issues are dealt with in that it is not allowed to have certain diseases, and there is no provision for smell. He said in regard to chickens, code section 18 -29 provides that no more than two be allowed per lot which includes the hen or the rooster. Mr. Wolff asked if the code addresses how a domestic pet is kept, feces disposed of, or if a nuisance problem existed. The City Attorney advised it does not, just whether it is penned in, with a certain height. Mr. Wolff said any animal could cause this. The City Attorney advised there is the noise ordinance that we can look at. Mr. Wolff asked what step the City can take. The City Manager said he planned to treat the pig as a domestic pet, if violations are present the owner can be written up for this. The City Manager asked Ms. Sevenliss if this was a satisfactory long term solution or did she want Council to do a more strict change to the code. Ms. Sevenliss said it's getting hot, summer is coming, they put manure around their trees, breezes bring the odor into the house, and the roosters are noisy. Mayor Gillmor said they could work with the code. Damien Gilliams, 1623 US 1, asked why it's a health hazard to have pigs and chickens but it's okay to incinerate bodies next to a restaurant. Sal Neglia, Sebastian, said the pig needs to be vaccinated for rabies and checked by a licensed veterinarian which should be a City concern. He asked that CR512 be referred to as Sebastian Boulevard. Mr. Wolff said the onus is on the owner to make sure the pig has gone to the doctor. Frank DeMeyers Easy Street, said he frequents the dog park, thanked Council for it, and commended the Parks Recreation Advisory Committee for being there. Jim Sunnycalb said we have sidewalks that need to be repaired, in particular Easy Street. He said he would like to see a maintenance program for the sidewalks. Mayor Gillmor called for a recess at 7:56 p.m. and reconvened the meeting at 8:10 p.m. All members were present. 12. NEW BUSINESS 10.087 A. First Reading of Ordinance No. 0 -10 -03 Regulating Pain Clinics (City Attorney 57 -61 Transmittal, 0- 10 -03) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE ISSUANCE, DUPLICATION, TRANSFER AND RENEWAL OF LOCAL BUSINESS TAX RECEIPTS FOR CERTAIN PAIN CLINICS OR PAIN MANAGEMENT CLINICS; ENACTING ARTICLE IV OF CHAPTER 30 OF THE CODE OF THE CITY OF SEBASTIAN; PROVIDING FINES AND PENALTIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting May 26, 2010 Page Nine The City Attorney read Ordinance No. 0 -10 -03 by title and described a scrivener error on circle page 60, where he asked that "or" be deleted and add "No local business tax receipt shall be issued, duplicated, transferred, or renewed for certain pain clinics or pain management clinics as defined herein" as Paragraph (1) under Section 30 -83. Prohibition. MOTION by Mr. Coy and SECOND by Mr. Wright approve Ordinance No. 0 -10 -03 with the two amendments as proposed by the City Attorney. The City Attorney announced the public hearing will be June 9th The City Attorney said this is a national problem, there are several ways to do this, he has talked to the Police Department, and this was written for enforcement. He said the State has enacted a bill but portions won't be in effect for years, there are a number of issues involved and they may be revisiting this from time to time. Result of the roll call vote: AYES: All NAYS: None Motion carried. 10.089 B. Resolution No. R -10 -15 Revised Park Regulations and Fees (City Manager 63 -90 Transmittal, R- 02 -47, Section 74 -1 through 74 -10 Park Use) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DESIGNATING CLASSIFICATIONS FOR RECREATIONAL FACILITIES IN THE CITY; ADOPTING PROCEDURES AND FEES FOR RECREATIONAL USE PERMITS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 8.17 pm The City Manager said this is a resolution with modifications for Council's consideration. He said the modifications include: >delineate of type events regulated at the City >facility uses occurring at Community Center and Yacht Club >park events at any outdoor parks with 300 or less >special events with 300 people or greater, generally co- sponsored by the City He said staff wants to keep parks open and not over regulate the fees noting the resolution does increase the fees slightly. He suggested a discussion on where they want to have park use and special uses. Mayor Gillmor clarified the fees are double than what they were before, and institutes a deposit where there wasn't one before. Ms. Coy thanked the City Manager for expediting this but at the same time she asked why this was not put before the Parks Recreation Advisory Committee. She clarified that they are not attempting to limit Christian events and she stated categorically that this is not before them to be anti anybody, but to be fair to everyone. She said of late we have administratively given use of parks, public facilities, and the stage at discounted rates or free which can get us in a lot of trouble. She said if we give to one, we have to give to everyone for free. She said Riverview Park is the City's crown jewel and when people drive by and see a large Regular City Council Meeting May 26, 2010 Page Ten gathering there, 99% of the time the gathering is City sponsored. She said when the door is open for one, its open for all. She passed out a letter from a Vero Beach woman who cites the use of the Park inappropriately. (attached) She said she would like public input and have Council provide more spaces for functions. She cited some of Vero Beach's amenities to rent and noted the east side of Riverview Park could be a covered or fenced for private functions by everyone and anyone which would be separate from Riverview Park. She said the resolution should be sent to Parks and Recreation Advisory Committee so they may identify parts of the Park to hold events and have parts identified as being rented. Mayor Gillmor said we have that now when someone rents the pavilion. Ms. Coy said the problem is people are renting the whole park. Mayor Gillmor said that was not the case, as the Craft Club rents the whole park. The Park Superintendent confirmed the whole park is rented out for various events and amenities such as the splash pad add to events. He said for the big events they can't rent only the pavilion because it is used for the event. Ms. Coy said because of our long history with the Craft Club, the Art Club, and Rotary Club, they should be considered an accepted use. She said you could rent our park for $50, and if you talk to the right person you get the stage for free. Mr. Hill said he didn't see what the problem is, Riverfront Park was built for events, and he has not one time received one single complaint about events in our Park. Mr. Wright asked him to recollect the clambake. Mr. Hill said the voters took care of that issue. Mr. Hill said there is a fee, and as long as we are covering our expenses, we shouldn't make a profit on a public park. Mr. Wright asked the Superintendent how many Park's staff were cut. The Superintendent said none were cut but some were not filled. Mr. Wright said services are increasing but staff is being reduced. Mr. Hill said this is fixing a problem that doesn't exist, people love the events, they draw people driving by, and he is pleased with what has been going on. MOTION by Ms. Coy and SECOND by Mr. Wright to send the resolution back to the Parks and Recreation Advisory Committee for review and public input. Mr. Wolff noted the Rotary Garden Show was not a City sponsored event and asked who cleans up after the event. The Superintendent replied they do their own clean -up. The City Manager added that staff works for three hours every Saturday and Sunday doing sweeps of the parks. Mr. Wolff said he didn't understand if there is the same amount of people working no matter if there is an event or not. Regular City Council Meeting May 26, 2010 Page Eleven The Superintendent said the biggest event is the clambake, then maybe the 4 of July, and there are a lot more people working and the City Manager has the ability to charge more. Ms. Coy asked who brings the bleachers to the park. The Superintendent said they are left at the Park because there is a ceremony this weekend. Mayor Gillmor said he was not in favor of this going back to the Parks and Recreation Advisory Committee but the fees do need to go up and he saw the resolution as simply an update of what has already worked for 10 years and he agreed with Mr. Hill that if it isn't broken, don't fix it. He said when you send something to a committee things get messed up although committees do a good job. Mr. Wolff said he would have liked to have seen use of the stage and bleachers addressed in the packet as there isn't a fluid understanding of how permission is given, and he was concerned whether the stage deposit was enough. Ms. Coy said that brings up equipment and asked the City Manager if he looked at Vero Beach's policy. The City Manager said it was not material, he was familiar with what the City has and what works. Ms. Coy said Vero Beach requires a separate insurance liability for bounce houses and they may not be set up for more than four hours. The City Manager said they look at that when they approve it administratively. Ms. Coy said those items are not on a check list so it would be fair to everybody. She asked if we charged tax for the parks. The Superintendent said tax has been charged on the Yacht Club and Community Center and we recently started charging for the Park. The City Manager said he could provide the written policy for the stage. He said the LoPresti grand opening and all other non profit events, other governments and Chamber have received the stage for free. Ms. Coy said that needs to be in writing and she heard the stage went to Brevard County. The Superintendent said staff did switch with Brevard County for a Movie on the Green. Public Input Seth Goldsmith, Pastor, Coastal Community Church, said his church hosts multiple events in the Park such as a block party, family game night, hog roast, Christmas Eve event, Back -to- School Bash and he feels the community depends on these events, they invest in the community, they pay full price and the Park would not be a jewel if you can't use it. Louise Kautenburg, Sebastian, said she agreed and has enjoyed all events. She said the reason we are looking at this is because things change from time to time, there are more and more requests to use the Park, and they should make sure the public asset is protected. Bruce Lea, Sebastian, said he appreciated Ms. Coy's words and the resolution did not speak to the same thing. He said having the City Manager make the decision as to what adversely affects the public with no appeal is a slippery slope. He said he may not want to see particular group but he will fight for their right to be there and hoped they would fight for his right to be there. Regular City Council Meeting May 26, 2010 Page Twelve Michael Lyle, Pastor, Crossroad Christian Fellowship, said he agreed with Mr. Lea and didn't believe in limiting any organization and if they are going to make exceptions for one, there needs to be exceptions for everyone, if a group pays the fee and lives by guidelines then they should use it as they pay the taxes. Deana DeLuca, Sebastian, said if we want to see that Park used, let's bring the community together, as to making a spot to rent, she suggested putting a fence around the green area for another dog park. She said let's use it and put an end to this. Jim Sunnycalb, said the Parks and Recreation Advisory Committee needs respect as a City committee and asked how the fees will affect his train display. Mayor Gillmor said if everything had to come to Council, nothing would get done, he wasn't disrespecting the Advisory Committee, they are supposed to give vision for new parks, and it will take another month for them to meet and discuss the resolution. Ms. Coy said if staff allows trains, she appreciated Mr. Lea's comments, that if they don't define what is okay they will go down a slippery slope. Mr. Wolff said that will be the City Manager's administrative prerogative to accommodate all those that want to use the park and he was sure he would come to an amenable decision. Erin Sarong, Sebastian, said we all love the park and if someone is using the park for something she doesn't like, she won't go. She said to allow the City Manager discretion for those that want to use it for the good of the community. Mayor Gillmor asked the City Attorney if he reviewed section two, circle page 66, referencing City Manager approval. The City Attorney said he did and noted the City Manager is also constrained by the constitution, if a group came in and said we are the Beacon Society and we want to set the pavilion on fire to make a great lighthouse photograph, the City Manager can say he appreciates the concern but we are not going to allow destruction of property. He said they are going to make a public asset unavailable to others and wouldn't be allowed. He said he didn't view it as a license to be arbitrary with respect to one group or other but Council and the Administration have a duty to protect the public assets and that is what the City Manager will be doing. Mr. Wolff clarified that we are allowing use as long as the group is not destructive. The City Attorney said that is correct. Mr. Wright said he wondered if it is appropriate to use the facility for events that aren't City sponsored events on holidays because of the amount of traffic, and asked would it be allowed that we don't allow an event because there is too much going on. The City Attorney said yes, the legal phrase used is "time, place, and manner" and part of what they're getting is the notice of what is being proposed and you have opportunity to decide if the event should have closed streets, different parking arrangements and different accesses. Regular City Council Meeting May 26, 2010 Page Thirteen Mr. Wright asked what the prohibition was as far as bringing in a boat show, and if it makes sense to refuse something like that. The City Attorney there is a boat show in Vero Beach and they could look at issues involving flea markets, farmers markets, other boat shows, essentially commercial uses, not everything should be the basis of a legal decision. Mr. Wright asked how a boat show adversely affects the public. Mr. Wolff said that was important as there is no appeal process. The City Attorney explained most governments don't invite the public to speak on every issue, but as a tradition this Council does, Sebastian doesn't have a concern about being inaccessible to the public on any issue. Ms. Coy said this opens another door because if there is a boat show it shouldn't be in a park but across the street and there should be input from the Parks and Recreation Advisory Committee and the public. Mr. Wright asked if they could adopt a fee increase and send the rest of the resolution back to the Advisory Committee, and let the public come to Council. Mr. Hill said there is very little changed in the resolution. Mr. Wright said the Advisory Committee should review things on a regular basis. Mr. Wolff suggested taking the City Manager out of it and ask what they are sanctioning him to allow and not allow. Mr. Hill said the Parks and Recreation Advisory Committee could recommend changes at any time. Ms. Coy asked if the City Manager has the discretion to say no to a group. The City Attorney advised that assuming all is in order, he does not. Ms. Coy said there is a train wreck coming, we can include everyone and not embarrass ourselves, and there are a lot of people using that Park everyday. She said Mr. Stringer wrote an ordinance that never came back to Council and the City Manager said it was the resolution before them tonight with a chart. Ms. Coy said the resolution was written five years ago, they didn't have public input, it was slapped together without the Advisory Committee, and she expected Council discussion to direct staff to write the resolution. The City Manager said the request was to place park use on the agenda and he saw his job as to react and prep this for Council so Council could deliberate on the matter, not send it to the Parks and Recreation Advisory Committee. He said he respected her belief that there could be an event that goes wild, but that has not happened to date, he has administered the park and stage fairly, and he will let Council judge him accordingly. He added that he does plan to be more participatory with the Parks Committee. Ms. Coy said if a commercial activity wanted to rent the Park and met the qualifications, would that obligate staff to rent the Park. Regular City Council Meeting May 26, 2010 Page Fourteen The City Attorney said he didn't think so but Council should decide that when it comes up. He advised Council would have to make a distinction such when the Art Show comes up, people want to sell their art. Mayor Gillmor called for a recess at 9:32 p.m. and reconvened the meeting at 9:42 p.m. All members were present. Mayor Gillmor asked Ms. Coy to consider amending her motion to send the resolution back to Parks and Recreation Advisory Committee for review but increase the fees now. Ms. Coy said yes, but a lot still needs to be cut and dry so the City Manager is not in an awkward position. Mr. Hill reminded them of the two organizations that are waiting on the resolution, and he would not support the motion directing the resolution be sent to the Parks and Recreation Advisory Committee. AMENDED MOTION by Ms. Coy and SECOND by Mr. Wright to send the resolution back to the Parks and Recreation Advisory Committee with the increase effective tomorrow. Result of the roll call vote: AYES: Coy, Wolff, Wright NAYS: Gillmor, Hill Motion carried 3 -2. 13. CITY ATTORNEY MATTERS none. 14. CITY MANAGER MATTERS The City Manager said the School Board approved the dedication of the Powerline Road rights -of -way and he will start scheduling the public workshops on the design. 15. CITY CLERK MATTERS none. 16. CITY COUNCIL MATTERS A. Council Member Wright Mr. Wright said the storm water assessment fee was discussed at their recent workshop and he objected to commercial entities paying a larger share of the storm water fee; and he gave credit to the City Manager for providing him the credit policy and application that businesses could apply for. He announced this was available and the application deadline would be extended until July so the business community can take advantage of it. He also invited the public to a light sport aircraft event at the LoPresti hangar June 4 -6. B. Mayor Gillmor none. C. Vice Mayor Hill none. Regular City Council Meeting May 26, 2010 Page Fifteen ATT D. Council Member Cov Ms. Coy Monday invited the public to the Veterans Day function at the Park. Ms. Coy asked Mr. Wright if he asked the City Manager to put the storm water assessment credit application on the website. Mr. Wright said he asked that it be put into these minutes and the City Manager planned to get it on the website, Channel 25, in the paper and under his matters on the next agenda. E. Council Member Wolff Mr. Wolff congratulated the graduating seniors at St. Edwards and the Charter High School and noted next week Vero Beach, and Sebastian River High seniors will be graduating. He gave a special wish to Natalie Wolff and wished her much luck this fall at Yale University. 17. Being no further business, Mayor Gillmor adjourned the regular City Council meeting at 9:52 p.m. Approved at the June 9 2010 r egular City Council meeting. /OP Rich rd H. Gillmor, Mayor Sa y A. Mai. M C ity Clerk The Hometown Team (De BR- rie)(a.c„,\I oc Ow l a u‘eRo 8- J t R5 °L74,66‘7 Li v�..v� h vyl.e_, 4ktR1/4-ePts o-n, ji"S Le4I .1-o erUh Gt. L L vow ciN e Ltire40,;63 Aci Or), h Re LI 5f&r 6 kpit to(2 (h-e--864 c b Als �l b►, o ra.. 4 0- ctC 471 R i J 5 C ti- G (-L-.6111/1 .0jciDi2.41ei p-eox-ec 040hu Fej) Se5 PreA- a6.7 e P Psue so=p- ail 41Cr tqc Aertirta4 to 62-6 AfJye cc 6,,x) 6 kl-M LaLL Beartt LS li p y oY l b um Vaal cohazz C t -k. S-�= o e �1, 6 W I LL CcY1 Cam' 6o mot- R U eL op') -ca -4-t REALTOR' (Pi t) 311-L i SCHLITT ASSOCIATES Vit REAL ESTATE, LLC 947 20th P ace Vero Beach, FL 32960 Ph 772.778.1188 Fx 772.778.7375 info @SchlittandAssociates.com www.SchlittandAssociates.com A con d.„, (A,e, LLLeiLEy A, R,` 19'AD P L IKI D) Pm Peo zvkics 1104-Pjo se,ce-twoj tacetee, ak 16,EK, W&T;-atf Fq cseN1m, AO ate! FA I 41) p -ten 6 ti° 13 c A1r sfe-d -ca2ea li ,19- 8e ciJ Gk L k w 11 (ei?e)lo pez r--eyyrat ran, 21 J -4,�, j I o J ae 4 6-1-M i ty )z 4-R- 4 -b S -mob 0111. E q wpiiv *)w w c' a LL -e) co DO k 5- ip Irpo Ouzo -AO/ 947 20th Place Vero Beach, FL 32960 Ph 772.778.1188 Fx 772.778.7375 info @SchlittandAssociates.com SCHLITT ASSOCIATES tfija 0d REAL ESTATE, LLC The Hometown Team 404 Gcc oteroPazn 957,T?r,lioNt