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HomeMy WebLinkAbout06092010City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright None. cmrc HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 9, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the regular meeting to order at 6:37 p.m. 2. A moment of silence was held. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Deputy Police Chief, Greg Witt Police Captain, Bob Lockhart Public Works Director, Jerry Converse MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 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 Mr. Neuberger was not in attendance. Regular City Council Meeting June 9, 2010 Page Two 10.091 B. Certificate of Appreciation to the City of Sebastian from Commander Bill Boluk, Flotilla 56 U.S. Coast Guard Auxiliary Commander Bolluk was not in attendance. 10.096 C. Proclamation Motorcycle Safety Month July 2010 Mayor Gillmor read the proclamation and presented it to ABATE members, who thanked Council for the opportunity to urge the public to be aware of motorcycles on the road. 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. 1 -12 A. Approval of Minutes 5/17/10 Special Meeting 13 -27 B Approval of Minutes 5/26/10 Regular Meeting 10.092 C. Prior Authorization for Any Member of City Council to Attend 2010 Florida 29 -31 League of Cities Annual Conference in Hollywood, FL August 19 -21, 2010 (City Clerk Transmittal, Info) 10.044 D. Amendment to Mishler Enterprises Airport Lease Agreement (Airport Transmittal, 33 -68 Airport Lease Assignments, 2 Amendment, Mishler Correspondence) 10.093 E. Award Concrete Services Bid to Regan Masonry Cement, Inc. and 69 -94 Authorize Staff to Execute a Three Year Contract between the City of Sebastian and Regan Masonry Concrete, Inc. for Itemized Concrete Services (Public Works Transmittal, Bid Tab) 10.094 F. Approve Purchase of One Used Backhoe from United Rentals in the Amount of 95 -111 $28,972 (Public Works Transmittal, Bid Tab, RFP) 10.085 G. Resolution No. R -10 -18 Powerline Road Deed and Construction Agreements 113 -129 (City Manager Transmittal, R- 10 -18, Deed, Easement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ACCEPTING THE DEDICATION OF CERTAIN RIGHT -OF -WAY FROM THE SCHOOL BOARD OF INDIAN RIVER COUNTY; ACCEPTING IMPROVEMENTS TO SAID RIGHT -OF -WAY FOR ALL PURPOSES; ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM THE SCHOOL BOARD OF INDIAN RIVER COUNTY; PROVIDING FOR RECORDING IN THE OFFICIAL RECORDS IN AND FOR INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Mr. Wolff removed item D. Regular City Council Meeting June 9, 2010 Page Three MOTION by Mr. Wolff and SECOND by Mr. Hill to approve items A, B, C, E, F and G of the consent agenda. The City Attorney noted a correction to item G Resolution R- 10 -18, specifically the location of "Exhibit 2" on page 124, noting that each of the Exhibits has its own attachments. Mr. Hill said the motion should include as amended by the City Attorney, and Mr. Wright seconded the motion at this time. Roll call on the motion Ayes: All Nays: None Passed 5 -0 Item D Mr. Wolff inquired about the applicant requesting camping facilities, and commented there are camping areas established in the area and there are hotels in Sebastian. The Airport Manager said he did not include that request in his recommendation and did not concur with camping at the site and that would be a whole different level of discussion. Mr. Wright asked about anticipated accessory operations, and the Airport Director said they want to build another building, with a paint shop which is needed but will require another level of scrutiny and permitting. Mr. Wright said he wanted to make sure those operations are not going into existing hangars. MOTION by Mr. Wright and SECOND by Mr. Hill to approve as presented passed on 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. Mayor Gillmor announced the Treasure Coast Council of Local Governments has invited members of Council to the July 7 BBQ in Okeechobee, at which Jan Pagano of IRSC will make a presentation. 10.088 A. Parks and Recreation Advisory Committee 131 136 i. Interview Unless Waived and Submit Nominations for One Unexpired Regular Member Position with a Term to Expire May 31, 2011 (City Clerk Transmittal, One Application, Member List, Press Release) John Tenerowicz was nominated by Ms. Coy and, being the only applicant, he was automatically appointed. Mr. Wolff expressed disappointment in the fact that the former member who came before Council at the last meeting for a reappointment had not been appointed, noting there had been contentious issues, and that this sends a bad message to volunteers. Regular City Council Meeting June 9, 2010 Page Four Ms. Coy said he had been interviewed, and Mr. Wright said that person had made a motion to discontinue regular Parks and Recreation Meetings. Mr. Wolff asked if people should be penalized for speaking their mind. Mayor Gillmor said he shared Mr. Wolff's consternation. Mayor Gillmor said he was shocked that his position came up so quickly and the Clerk advised her office was required to advertise for each vacant position by Code and resolution, and that a person fills vacant unexpired terms if someone leaves early and this was the case for him. 9. PUBLIC HEARINGS 10.087 A. Ordinance No. 0 -10 -03 Regulating Pain Clinics (City Attorney Transmittal, 137 142 Proposed Revised Ordinance 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. (1 Reading 5/26/10, Advertised Legal Notices 5/30/10) The City Attorney read the title of Ordinance No. 0 -10 -03 and Mayor Gillmor opened the public hearing at 6:59 p.m. There was no public input. MOTION by Mr. Hill and SECOND by Ms. Coy to adopt Ordinance No. 0 -10 -03 The City Attorney said if this is enacted tonight, it puts into effect the emergency ordinance and is one way of dealing with this problem which may have to be addressed again in the future as well. He said State law has been enacted and is effective October 1 but the legislature did not fund what they enacted. He said to implement the ordinance, he intended to work with City staff to develop an appropriate affidavit that if someone comes in looking to establish a pharmacy, doctors office, or a professional office, those people will sign an affidavit under oath with two columns, one being their establishment is not a pain management clinic or it is, but it meets the exception in the ordinance. He said if someone misleads us that would be violation of our ordinance, subject to injunctive sanctions as well as significant fines. Mayor Gillmor asked if this would apply to someone selling their business and the City Attorney said it included transfers and this fall, staff will have a chance to review all of the licenses coming up for renewal. Mr. Wright asked that community and staff concerns be brought back to Council and the City Attorney pointed out this was the result of conferring with Police Department and watching their May presentation which is mentioned in the ordinance, and will help in court. Mr. Hill congratulated staff for getting this done. The City Attorney thanked the Police Department and the Growth Management office for providing a lot of background information to do the ordinance. Regular City Council Meeting June 9, 2010 Page Five Result of the roll call vote: AYES: Hill, Coy, Wolff, Wright, Gillmor NAYS: None Motion carried. 10. UNFINISHED BUSINESS None 11. PUBLIC INPUT Mrs. Caffray, 350 Sea Grape Avenue, said she wanted to make sure the City is working on Ms. Sevenliss' chicken problem, noting the chickens crow in the morning and the evening, and the neighbor is revving two motor boat engines every morning. She asked if they will be informed of the pig's vaccination, and if the excess chickens are gone. The City Manager apologized for not calling back Mrs. Caffray and said he did visually inspect 319 Toledo and did not notice fowl, bad odor, or noise, and found the house well kept. He said Code Enforcement Officer lachini found the same as he did and they did see evidence of chickens to which there was verbal discussion with the owner. He said staff did follow up but the owner must be caught revving the boat and given an opportunity for the chicken abatement. Mayor Gillmor asked what kind of time frame should be given to take care of chickens. The City Manager said a couple of days to a week down the road, noting staff will be progressive going from verbal to written warning. Mr. Wright asked if the pig was vaccinated and kept inside. The City Manager said staff did not visually identify a pig on the property, but it doesn't mean they are not there but the Code Enforcement Officers have been given direction to watch the property. Mr. Wolff asked if the Code Enforcement Officer would knock on the door to ask about the pig, and the City Manager said they did knock on the door but no one answered. Ben Hocker, Larchmont Terrace, asked if the City required a sign permit to run for office. The Growth Management Director said political signs are exempt from the guidelines and typically, candidates are contacted at multiple points throughout the election with a courtesy call after the election to remind them to clean up their signs. She said Code Enforcement will pick up the signs if the candidate does not. Mr. Hocker asked if there was a penalty for leaving up signs noting Vero Beach has poster signs up a month in advance up and down our highway. Mr. Hill said signs cannot be posted in the rights -of -way. 12. NEW BUSINESS 10.021 A. Resolution No. R -10 -17 Sebastian Aero Services Leasehold Re- Assignment to 143 177 Cooper Trading Corporation AVGAS Leaseback Proposal by Cooper Trading Corporation (City Manager Transmittal, R- 10 -17, Exhibit A Cooper Proposal, Exhibit B SAS Lease, Exhibit C FDOT E -mail) Regular City Council Meeting June 9, 2010 Page Six A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO REPRESENT THE CITY OF SEBASTIAN IN THE SALE/TRANSFER OF LEASEHOLD ASSETS BETWEEN SEBASTIAN AERO SERVICES AND COOPER TRADING CORPORATION; PROVIDING FOR CONFLICTS; PROVIDING FOR EFFECTIVE DATE. The City Manager said the resolution was for a transfer of lease hold and providing staff the authority to execute a lease with Cooper Trading for the sale of AVGAS at the Airport. The Airport Director said Mr. Cooper would like to take over Sebastian Aero Services, refurbish the area, and add a few Fixed Base Operations (FBO) services noting Sebastian Aero Services does have a FBO lease with FAA approved services. He also explained that Mr. Cooper is proposing that the City lease back to him the aviation gas facility; the facility was built three years ago and has been marginally successful. He said he has been in contact with FDOT regarding the fuel system and he has been given a definite maybe with the City still receiving a profit. He added that he would ensure all fuel would be subject to a fuel flow charge for all fuel dispensed, noting Mr. Van Wyck's lease (Sebastian Aero Services) provides for a two cents per gallon for fuel served from his system, and if he is allowed to negotiate a contact he would like to negotiate that all fuel dispensed from the systems would be charged. He asked Council to consider the resolution and then the fuel facility lease back with Cooper Trading Co. assuming their sale goes through. Mr. Wolff asked the Airport Director to elaborate more on the flight training school. The Airport Director said Mr. Van Wyck's current lease has a flight training provision and Mr. Cooper would like to bring a satellite training facility to Sebastian and start his own facility. He continued to elaborate that a few years ago he bought forward a larger flight training operation that was going to come in but it did not go forward and explained could have control over a entity with a lease so having the satellite operation would be to our advantage. Mr. Wolff said the packet indicated it would be a satellite operation and asked where the core operation is located. The Airport Director said it was located in Palm Beach County with a business associate that would house students here but we don't know who that is. Mr. Wright asked if this would change our relationship with Flight Safety. The Airport Director said it would not. Mr. Wright asked if there is a way to limit the number of planes. The Airport Director said he didn't know how we could limit that. In response to Mr. Wright, the Airport Director said Flight Safety has over 100 planes and 300 students. Mr. Wright asked about the number of planes the previously proposed flight school was going to have and the Airport Director said four. Mr. Wright asked the City Attorney if limiting the planes was a reasonable legal question. The City Attorney advised that Council is being asked to do something and they must respond reasonably to the request and there is no harm in asking. Mr. Wolff asked why the new tenant feels they want to control all the fuel at the Airport and why the change in philosophy to go back the other way after funding and building the fuel facility. The Airport Director said he understood people were having trouble getting fuel on weekends and explained the philosophical discussion of a government Regular City Council Meeting June 9, 2010 Page Seven entity competing with private enterprise especially where there is a lease. He also said the new buyer wants to have all available fuel which is a huge part of a FBO business and he will be able to control price in a 50 mile radius. Mr. Wolff asked how we give this to a total stranger. The Airport Director said he made some calls to people who know Mr. Cooper and say he is outstanding, very successful and he trusts those he talked to. Mr. Wright said the facility is self service, doesn't rely on anyone being there and financially we can make close to what we make now and not have any responsibility, and not really going to lose any money. The Airport Director offered to enter lease negotiation detailing the operation of the system. Mayor Gillmor asked if they could give the nod until Mr. Cooper hears from FDOT. The Airport Director said not on the fuel system. Mayor Gillmor asked to separate the two items. Mayor Gillmor and SECOND by Mr. Hill to approve the lease transfer. Ms. Coy said she was here when the City took over the fuel. Mayor Gillmor called for a point of order, stating they are considering the motion for the lease transfer. Bob Moissante, Roseland, said his concern is three fold: lease, fuel, flight school, and asked is it right to let Mr. Cooper get his foot into the door only to present part B and C later. He suggested tabling all items until we find out what Mr. Cooper has in mind. Debra Maerz, Sebastian Industrial Park, said she was disappointed that no one was informed about Mr. Cooper's proposal until today, Roseland was greatly impacted by the Airport's traffic and has retired people who have the time to pour over the background of these companies that go into the Airport. She said she is against this lease transfer. Mr. Stella, Collier Club, said he is the fourth house on the golf course and asked if Mr. Cooper has been investigated. Mr. Hill said there could be 100 planes next week, and asked if we collected for tie downs, and how many tie downs are on the property. The Airport Director said the City does collect and the lease talks about the west side of the field, totaling 32 tie -downs with 12 in use. Mr. Hill said Cooper Trading would have to rent additional hangars; this is a simple lease transfer and he would not want to put restrictions on any company that tries to be successful in this economic time. Ms. Coy said she is not prepared to support this motion because she doesn't want to split the deal. She said she felt they needed to talk about this more. Mr. Wright said he is concerned with the flight school expanding to an enormous operation, we would probably not deny leasehold rights to restrict that, but he is optimistic that we are not going to run into serious noise issues with should be discussed with Mr. Cooper; however Council has an obligation to approve this lease transfer. Mr. Wolff asked if the language stating Cooper Trading is in negotiation with an established flight school on circle page 154 becomes a type of sublet. The City Attorney said it depended on how they frame the transaction. Regular City Council Meeting June 9, 2010 Page Eight Mr. Wolff said this is not a give -me, Mr. Cooper is inviting an established flight school to locate a satellite division at our facility, so LoPresti or someone else could do this as well. Mayor Gillmor confirmed the fuel is new to the deal and Council could give a nod depending on what FDOT says and he asked if the other flight schools buy fuel from the City. The Airport Director said they do not buy a drop. Ms. Coy disagreed stating the fuel needs to be tied to the lease transfer, she noted the last guy was established, she had some serious questions with how this is worded because if it turned into something as big as Flight Safety she would regret it for our small community. The Attorney read Resolution No. R -10 -17 by title. Result of the roll call vote for the lease transfer: AYES: Wright, Gillmor, Hill NAYS: Coy, Wolff Motion carried 3 -2. MOTION by Mayor Gillmor and SECOND by Mr. Hill to approve the fuel portion of the lease transfer. Ms. Coy said the fuel was not just about the money, when the City took up the facility, the price was different depending who you were, and Council directed that we not be the lowest price gas getting everyone flying in here. Mr. Hill read from the FDOT memo and there were questions about setting prices, indicating FDOT is mulling this over and once they give approval, the fuel lease will come before Council again. The Airport Director said he was correct. Mr. Wolff asked in the event the negotiation between Cooper Trading and Sebastian Aero Services can't come to a meeting of minds, can we incorporate transferring the fuel service to Sebastian Aero Services for management until they find a buyer. The Airport Director said that would be on the table, and didn't see why not. Mr. Wolff said the price has been a contentious issue, and asked would Sebastian Aero Services have the opportunity to do what we are offering Cooper Trading. The City Manager said the short answer was yes; but we would want a term of lease, amount of fuel flow back to the City, and potentially amount of fuel mark up—not too low but don't want to restrict the business' profitability, noting ultimately the Airport takes responsibility if prices are too high as with the hangars. He said they will try to make maximum dollar which will get the aviation community complaining. He said yes, the City can go to Mr. Van Wyck and see if wants to make a deal. Mr. Wright said the facility would provide excellent service to the public which accomplishes a goal of putting in the fuel tanks. Regular City Council Meeting June 9, 2010 Page Nine Result of the roll call vote on leasing the fuel facility: AYES: Wolff, Wright, Gillmor, Hill NAYS: Coy Motion carried 4 -1 13. CITY ATTORNEY MATTERS The City Attorney said he expected to have the next installment update of current litigations ready for them at the next meeting. 14. CITY MANAGER MATTERS 10.095 A. Stormwater Utility Fee Credit Application Deadline Extension (City Manager 179 188 Transmittal, Application Form and Policy) The City Manager said he has advertised the storm water assessment credits and he has received interest and continues to move forward with the credit policy. Roseland Issue He said the Roseland Community Association asked him to invite the public to a political forum for the Republican candidates for Indian River County Commission District 2 and 4 at the old Roseland fire house at 7:00 p.m. on June 15 15. CITY CLERK MATTERS none. 16. CITY COUNCIL MATTERS A. Council Member Wright none. B. Mayor Gillmor none. C. Vice Mayor Hill Mr. Hill reminded everyone that school is out and asked everyone to be careful. D. Council Member Coy none. E. Council Member Wolff Mr. Wolff said the City is vested to resurrecting the fishing industry and with the gulf coast spill coming our way, he asked if we could ask the officers of the Sebastian Inlet Tax District and County Commissioners what steps are in place to mitigate oil from coming into the inlet. He said if this comes from Council, it will invoke a formal response. Mr. Wright noted the Sebastian Inlet Tax District is meeting tonight. Ms. Coy added there is an expert at their meeting and said what we are seeing on CNN may not be what is actually happening. Mayor Gillmor said they plan to boom the inlet. Regular City Council Meeting June 9, 2010 Page Ten 17. Being no further business, Mayor Gillmor adjourned the regular meeting at 8:10 p.m. Approved at the June 23, 2010 Regular City Council meeting. 04_r Ri ard H. Gillmor, Mayor ATTES Sally A. Maio, MC City Clerk The City Manager said he has been in touch with Sebastian Inlet Tax District Commissioner Beth Mitchell and he will try to get them on the agenda for the next meeting. He also said he is in constant communication with the County, and the City will react the best we can.