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HomeMy WebLinkAbout07282010City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Don Wright None. c SEBAsTaN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 28, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the Regular City Council Meeting to order at 6:30 p.m. 2. Invocation was given by Reverend Todd Thomas, Sebastian Christian Church. 3. The Pledge of Allegiance was recited. 4. ROLL CALL City Council Absent: Council Member Eugene Wolff (excused) Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Administrative Services Director, Debra Krueger Airport Director, Joe Griffin Finance Director, Ken Killgore Growth Management Director, Rebecca Grohall Police Chief, Michelle Morris Police Captain, Robert Lockhart MIS Senior 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. Regular City Council Meeting July 28, 2010 Page Two 10.108 A. Go -Line Karen Deigl, Inter County Transportation Coordinator (No Backup) Karen Deigl, Senior Resources CEO and Inter County Transportation Coordinator, introduced Phil Matson, IRC Metropolitan Planning Organization, who described the makeup and function of the MPO, and gave a Power Point presentation (see attached) exhibiting increase in ridership in the North County area. Ms. Deigl continued the Power Point presentation exhibiting future planned routes to AIA stops, proposed Saturday service and shelters. She thanked the City Council for their donation of $50,000 in 2009 and 2010. Mr. Hill said he appreciated their visit and all they do. Brief Announcements Mayor Gillmor presented a Pelli Award to Ed Herlihy for the time he contributed to creation of two new City websites. Mr. Herlihy described the websites sebastianbusiness.com and sebastianretirement.com. Ms. Coy announced that Indian River State College will send an advisor to the Sebastian campus at the Old Schoolhouse on Main Street every Tuesday from 2 6 pm. Ms. Coy announced that Congregate Meals and By the River have combined efforts to provide services to City seniors and thanked Karen Deigl for her participation in making this happen. 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. 5 -17 A. Approval of Minutes 7/14/10 Regular Meeting 10.109 B. Resolution No. R- 10 -21- Partial Vacation of Easement 102 Darden Court (GMD 19 -34 Transmittal, R- 10 -21, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 10, BLOCK 565, SEBASTIAN HIGHLANDS UNIT 17; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 10.110 C. Authorize Piggy -Back and Two -Year Extension of Banking Services Contract 35 -48 with Wachovia Bank with No Increase in Fees (Administrative Services Transmittal, Wells Fargo Letter, 2005 Agreement, Current Fees Sheet, Account Analysis Statement, Exhibit A Fees for IRC, Article Re: Wells Fargo) 10.088 D. Removal of Parks and Recreation Committee Member for Absences in Accordance 49 -51 with Code (City Clerk Transmittal, E -mail) 2 Regular City Council Meeting July 28, 2010 Page Three MOTION by Ms. Coy and SECOND by Mr. Hill to approve the consent agenda items A -D. Result of the Roll Call: Ayes: Gillmor, Hill, Coy, Wright Nays: None Passed 4 -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. 10.017 A. Natural Resources Committee (City Clerk Transmittal, Applications, Ad, List) 53 -62 i. Fill Two Expired Regular Member Positions Both Terms to Expire July 2013 It was the consensus of Council to reappoint the two applicants Eric Spokas and Barbara Salmon to the Natural Resources Committee, noting they were the only applicants. B. Citizens Budget Review Advisory Board 10.039 i. Report DR -420 Recommendation (Backup Below) Ed Herlihy, Chairman of the Citizens Budget Review Advisory Board, presented a PowerPoint program (see attached) which includes the Board's recommendation. He expounded on the Chapter 185 Police Pension contribution which will increase by 14% annually and for which the City has no control. He suggested recommending a one cent gas tax to the County Commission. He recommended, on behalf of the Board, a millage rate of 3.5940 tonight, noting that Council could, during its budget deliberations, decrease but not increase the millage once the DR -420 is submitted. He said the Board does not recommend using general fund reserves to supplement the budget. He noted an increase of the millage to this amount would still result in an actual tax reduction on a typical property. Mr. Wright thanked him and the Board for their effort and time. He asked if they had determined the effect of the one cent gas tax. The City Manager said potentially the City might receive zero revenue, because the County may or may not share any increase with Sebastian. Further on the millage, if increased, special funds could remain in place rather than supplementing the general fund. 9. PUBLIC HEARINGS None 10. UNFINISHED BUSINESS None 3 Regular City Council Meeting July 28, 2010 Page Four 11. PUBLIC INPUT Kathy Parent, said a property next to her house is in foreclosure, and she has found through Code Enforcement that overgrowth on the property cannot be addressed because there is no code to require the bank to take care of it, and was advised to request an ordinance to allow the City to fine banks which own these homes. In response to Council, she said there is a pepper tree that is prolific, that she had some satisfaction from the bank in the form of trimming, though they have not solved the problem. The City Manager said he had not talked to Ms. Parent about this issue, and would get with her and the City Attorney and Code Enforcement first to see if there is something that can be done under the Code, and then come back to Council if necessary. 12. NEW BUSINESS 10.039 A. DR -420 Certification to Set Proposed Millaqe Rate (Administrative Services 63 -74 Transmittal, Forms DR -420, DR -420 MM -P, DR -420 TIF, Budcom Report) The City Manager recommended a proposed millage rate of 3.594 for the DR -420 certification, though ultimately staff will recommend a millage of 3.3456 mills. Mr. Hill said even though there may be a reduction in resident taxes; it would not apply to businesses. Mr. Wright said he likes the idea that Council will be adopting a proposed millage that will give most residents a tax reduction, said he was concerned with the increase in retirement funds, and asked where the money will come from in future years. He said the other problem is that the Sebastian Police Department is costing the City more than all ad valorem taxes collected, and we have to start looking at these costs and putting a plan in place because they could become out of control and put us in a crisis. Mayor Gillmor said this has to be fixed on the State level because it is their mandate. The City Manager clarified two assumptions in the presented police retirement pension chart. The first being the actuary report states 14% of earnings should be contributed to keep the fund stable and the City contributes more than that; and it assumes salary increase of 6% but under union negotiation are the furlough days and salary freezes which will bring salaries down, so the $600,000 cost has been mitigated for FY11/12. MOTION by Mayor Gillmor and SECOND by Ms. Coy to set the proposed millage rate ceiling at 3.5940 rate. Result of the Roll Call: Ayes: Hill, Coy, Wright, Gillmor Nays: None Passed 4 -0 4 Regular City Council Meeting July 28, 2010 Page Five 10.111 B. First Reading of Ordinance No. 0 -10 -04 Police Pension Chapter 185 Plan 75 -101 Changes in State and Federal Regulations Set Public Hearing for 8/25/10 (Administrative Services Transmittal, 0- 10 -04, Two Letters, 0- 10 -14) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 58, ARTICLE III, POLICE OFFICERS' RETIREMENT SYSTEM; PROVIDING FOR AN EFFECTIVE DATE AND CONFLICTS. The City Attorney read Ordinance No. 0 -10 -14 by title only. MOTION by Ms. Coy and SECOND by Mr. Wright to approve Ordinance No. 0 -10 -04 on first reading and set public hearing for August 25, 2010. Result of the Roll Call: Ayes: Coy, Wright, Gillmor, Hill Nays: None Passed 4 -0 10.112 C. Lease Agreement and Business Plan City and Fishermen's Landing Sebastian, 103 -113 Inc. (City Manager Transmittal, Proposed Lease) (Business Plan Previously Provided Via City Manager's E -Mail) The City Manager explained some provisions of the lease and recommended approval. Mr. Wright said most of what we are looking at are things we have talked about, and said the Management Plan was well written, though we are not locked into something that can't be modified, which is the spirit of these documents. Mr. Hill agreed that this is a culmination of everything we have been working on, expressed appreciation to the Working Waterfront Committee and said this is a proud moment for the City. Mayor Gillmor asked the City Attorney about possible flexibility of the lease, noting his concern has been that there will probably not be a lot of income, it will take time to get the fish house up and running, and there may come a time that the Hurricane Harbor is leased and throwing off x amount of dollars, and the fishermen are making money but no money is coming back to the City, could the lease be renegotiated at some point. The City Attorney said the lease states that renegotiation is anticipated at the end of ten years, in addition, in any contract the parties undertake their obligations in good faith and in a spirit of working together. He said we don't have experience behind us with this and it could come back to you by both or one party with a request to reconsider a different situation based on economic or business factors. He said he would expect since this is a new venture that the Council would be open to discussions of any requests. Mayor Gillmor said he would be more comfortable with a five year horizon but this is what the committee recommends. MOTION by Mr. Hill and SECOND by Ms. Coy to approve the working waterfront business plan as suggested and amended by the Waterfront Committee and execute a waterfront lease as recommended by the Waterfront Committee. 5 Regular City Council Meeting July 28, 2010 Page Six Result of the Roll Call Ayes: Wright, Gillmor, Hill, Coy Nays: None Passed 4 -0 10.113 D. Sebastian River Area Chamber of Commerce Lease Amendment No. 1 (City 115 -137 Manager Transmittal, Proposed Lease Amendment, 2005 Lease, 1997 Lease) The City Manager said in 2005 the City approved a new Chamber lease, which repealed a 2002 lease, and gave the Chamber five years to permit and seven years to construct improvements to their current building with the provision that, if those time frames were not met, the lease would defer back to their original 1997 lease. He recommended extending the time limit for the improvements, and recommended approval of amendment #1 as presented. He said the City Attorney and Chamber Attorney have reviewed the amendment and find it acceptable. MOTION by Mr. Hill and SECOND by Mr. Wright to approve Amendment #1 to the Sebastian River Area Chamber of Commerce lease. Result of Roll Call: Ayes: Gillmor, Hill, Coy, Wright Nays: None Passed 4 -0 *10.013 E. Lease Amendment No. 2 of 3 to LoPresti Aviation Lease Agreement (City 139 -163 Manager Transmittal, Second Amendment, Lease, Correspondence) The Airport Director briefly explained the amendment and recommended approval. MOTION by Ms. Coy and SECOND by Mr. Wright to approve amendment No. 2 of 3 to the LoPresti Aviation lease. Result of the Roll Call: Ayes: Hill, Coy, Wright, Gillmor Nays: None Passed 4 -0 *For the record, this amendment was the THIRD amendment to the LoPresti lease, and reference in the amendment to section 7 should have read 6 Sally Maio, City Clerk] 13. CITY ATTORNEY MATTERS None. 14. CITY MANAGER MATTERS 10.114 A. Archie Smith Fish House (City Manager Transmittal) 165 The City Manager said this item has been discussed thoroughly at CRA meeting and he had no other matters. 15. CITY CLERK MATTERS 6 Regular City Council Meeting July 28, 2010 Page Seven 16 CITY COUNCIL MATTERS A. Council Member Coy 10.115 i. Train Station (No Backup) AT T, Sally A. Maio iMMC City Clerk Ms. Coy said she would like to put this off for now and asked the City Manager to get back to us on the status of the Vero Beach train station. B. Council Member Wolff Absent C. Council Member Wright None D. Mayor Gilimor Mayor Gilimor said that the Mayors Committee will meet on August 3, 2010 in Orchid and noted that Mayor Sawnick requested a meeting between the mayors and the County Commissioners to ask that if each City contributed for economic development, would the County match the contribution. Ms. Coy said it seemed that the north County area is not getting a fair share of leads for interested groups. The City Manager said he had been requested by Chairman O'Bryan to host an Economic Development joint meeting in Sebastian in response to the Mayors' request for a meeting and asked for input from Council. Mayor Gilimor said he thought there might be a miscommunication with Chairman O'Bryan and it is in fact that the Mayors' group wants to meet with the County Commission and he would call Commission Chairman O'Bryan to clarify that. E. Vice Mayor Hill None. 17. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 7:52 p.m. Approved at the August 11 2010 Regular City Council meeting. 7