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HomeMy WebLinkAbout09082010SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 8, 2010 6:30 P.M. 1. Mayor Gillmor called the regular meeting to order at 6:30 p.m. 2. There was a moment of silence. 3. The Pledge of Allegiance was recited. 4. ROLL CALL City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Don Wright 5. AGENDA MODIFICATIONS None Brief Announcements CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 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 Police Chief, Michelle Morris Police Captain, Mike Beyers MIS Senior Systems Analyst, Barbara Brooke -Reese 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. 10.126 A. Proclamation Sickle Cell Anemia Awareness Accepted by Alfredo Miranda, 5 Treasure Coast Sickle Cell Case Manager Mayor Gillmor read the proclamation and presented it to Mr. Miranda. Mr. Miranda addressed the audience on the importance of sickle cell anemia awareness. Ms. Coy announced the 9/11 Patriot Day observation on Saturday, September 11 at Riverview Park Veterans Memorial starting at 8:30 am. Regular City Council Meeting September 8, 2010 Page Two 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. 7 -12 A. Approval of Minutes August 23, 2010 Budget Workshop 13 -21 B. Approval of Minutes August 25, 2010 Regular Meeting 10.127 C. Approve Police Department Digital Camera and Accessories Purchase in the 23 -33 Amount of $5,881.00 from Jiffy Photo aka Lawmen's Photo, Fort Pierce from Forfeiture Fund (PD Transmittal, 3 Quotes) 10.128 D. Award Nuisance Abatement/Lot Mowing Contracts to Listed Contractor for 35-52 Specific Categories (City Manager Transmittal, Price Forms, Insurance Certificates) Mayor Gillmor said he had been requested to remove item A by a citizen. MOTION by Mr. Hill and SECOND by Mayor Gillmor to approve consent agenda items B -D. Result of the roll call vote: AYES: All NAYS: None Passed 5 -0 Item A Damien Gilliams, 1623 US 1, Sebastian, said he had called the Clerk today to clarify why Vice Mayor Hill was listed as excused from the August 23, 2010 budget workshop, when no one was aware of his whereabouts during the workshop and the meeting started late, and asked her for a response, stating Mr. Hill shows no respect by missing the meeting. The City Clerk asked him to address his question to the City Attorney. Mr. Gilliams asked if it was legal to change the minutes after the meeting under Robert Rules of Order. Ms. Coy called for a point of order and said the minutes reflect what happened. Mayor Gillmor said this was a workshop and the City Attorney can probably illicit how the procedure works, noting he understands someone can call after the fact to request an excused absence. The City Attorney said his understanding was that Mr. Hill called the Clerk the following day to explain that he tried to make the workshop but could not make it on time, the minutes are before Council for approval as written, the Clerk indicated in the minutes that Mr. Hill contacted her after the meeting, and Council has the power to approve them. He said anything Council can do in advance, they can do afterwards as well, and noted the City Charter addresses unexcused absences for three consecutive regular meetings and the workshop was not a regular meeting of Council. Mr. Gilliams said this has to do with principal saying the minutes reflect that Mr. Hill called the next day but now he heard that he called after the meeting. The City Clerk responded that the minutes never changed from the time they were prepared the day after the meeting. 2 Regular City Council Meeting September 8, 2010 Page Three MOTION by Ms. Coy and SECOND by Mayor Gillmor to approve consent agenda item A passed on a voice vote of 5 -0. 8. COMMITTEE REPORTS APPOINTMENTS None 9. PUBLIC HEARINGS None 10. UNFINISHED BUSINESS 10.084 A. Use Agreements Insurance Update (City Manager Transmittal, Leasehold 53 -61 Chart, Agreement) Mayor Gillmor recused himself from the next two items and handed the gavel to Vice Mayor Hill to chair the meeting. The City Manager explained that he provided an analysis of various use agreements throughout the City noting most agreement had indemnity provisions and some had insurance requirements, that few had current insurance certificates but staff was in the process of obtaining them. He recommended that we do not do anything different than what we are doing now. He responded to questions from Mr. Wolff relative to the effect of indemnity clauses which hold the City harmless, and that the Chamber is required to maintain liability insurance for 700 Main Street. Mr. Wright said Indian River State College should provide evidence of their insurance to be kept on file. The City Attorney explained the difference between indemnity and insurance, stating that indemnity is important but is dependent on who is providing it and can back it up, and insurance is a third party giving both of the other two parties a guarantee. Mr. Wolff said in regard to park use, one festival has an insurance requirement and the other two do not and said it would be prudent to contact the others to provide it. Joe Scozzari, Sebastian, said he had advised the Council 41/2 years ago about a festival not having insurance and now Council is stepping up to the plate. He said inexpensive festival insurance can be obtained from Hillcrest Insurance in Mt. Dora. Damien Gilliams, 1623 US 1, Sebastian, said there is no reason to conduct business in the park without insurance, said we built a Taj Mahal because we couldn't stay in the old building and now we are letting others use it. Vice Mayor Hill advised him that his subject is actually for the next item. Mr. Gilliams said he is talking in generalities, that the City has not done its homework if people are using City assets without insurance. Mr. Wright said he appreciated the analysis but right now there is no formal policy and would like the City Manager to present a policy for Council to consider noting inconsistent enforcement is not fair to residents. 3 Regular City Council Meeting September 8, 2010 Page Four The City Manager responded that his perspective would be liberal, that the City has coverage if incidents arise; he asked if they have mitigated all of the risks and if they did, would they see a reduction, he answered probably not. He noted the City's exposure is small at park events, the Community Center and Yacht Club and we do not require insurance for those events; however for more exclusive uses, such as the Clambake, there is more exposure, so if you are going to have a policy there needs to be clear delineations. He noted there are groups who use the old Chambers which has been handled by the City Manager's office. He said the City needs to be user friendly and accept some liability, and asked how Council wants to break down the lines. Mr. Wright said he sees the differences in uses and they need to be delineated, and would like them to be laid out so there is no misunderstanding. He said the summary is excellent but needs follow -up; and said that he encourages use of City property but we need to be fair to everyone. Mr. Hill said Mr. Wright made some good comments, and bringing forward a policy would be good. He asked if the City is covered for those groups who use the old Chambers and the City Manager said yes, the City is covered for any incident there. Mr. Wolff questioned the lack of insurance requirement for the working waterfront lease, and the City Manager responded it was not required in the lease agreement, and that perhaps there are some agreements that should be reopened to include insurance. 10.084 B. Sebastian Art Club Use Agreement The City Manager said this was the reconsideration of the Art Club's request to use the facility and he did not feel a certificate of insurance or indemnification clause was necessary. Joe Scozzari, Sebastian, said they are looking for a gallery on City property for retail, and questioned the benefit to the City, noting lots of businesses in the City are closing and if we keep giving property away, it will not help our City's economy. Louise Kautenburg, Sebastian, asked if the Art Club will have retail use and Mr. Hill responded there will be some. Ms. Kautenburg said then she objects to the use for reasons stated by Mr. Scozzari, stating we should have advertised the availability of the space to others, and we have given an unfair advantage to one group without applying the even handed rule. Toni Hill, Sebastian Art Club, said she had originated the idea and it was designed as an art center, though it has come to be interpreted as a gallery. She said the Club has older people who cannot exhibit in the park and this gives them an opportunity to do so, they plan to use one space to showcase art from other groups, and it will be more like a community center. She said the Club doesn't sell a lot of art, and this would be more like an art center. Mr. Hill noted there is art displayed by the Club in City Hall with price tags and asked if this would be any different. Ms. Hill said no, that the Club pays sales tax on its sales, and displays its art in other locations as well. 4 Regular City Council Meeting September 8, 2010 Page Five Mr. Wolff asked about the structure of the Art Club and Ms. Hill said they were a non- profit 501c4, with a Board and were a legal entity. Damien Gilliams, 1623 US 1, Sebastian, said other organizations use facilities, but not for profit, said he had some old tools he would like to post on the walls at City Hall to sell, that we were led to believe we needed a new City Hall because the old building had to be torn down, said the lease calls for the City to maintain the A/C costs which could be substantial, and for the Mayor to provide retail space is a conflict. Marlene Mayfield, Art Club member, said with the City trying to increase economic development, an art center will work to draw in corporations which are looking for communities with amenities for their workers. Julie Scozzari, Sebastian, suggested the Art Club use the facility as an art center, but display their art for sale in other locations. Judy Burgarella, Thunderbird Drive, Sebastian, Art Club member and member of Board of Directors for Vero Beach Art Club, said she managed the "Art Around Town Program," whereby they display in several locations. She said there should not be so much focus on gallery and retail sales, noting it will be more of an art center and maybe they could take the price tags off the paintings. Vice Mayor Hill said the Sebastian Art Club has been here for 38 years and it is not the Mayor's Club; their art is hanging in City Hall now and did not think it would be much different than what they are doing now. Ms. Coy said there is merit on both sides, agreed with Ms. Mayfield that art is disappearing in our country and from the school systems and an art center in Sebastian would attract quality people. She said though she understands the objections to individuals making a couple of dollars, only a handful of pictures are sold, and the art center will create an opportunity to expose people to art. She suggested maybe they can remove the price tags, but said she is willing to support the agreement. Mr. Wright said it is unfortunate that an incidental part of what the Club does has categorized them as a commercial entity and if they were looked at as a public benefit with classes, a meeting place, it would be good for the community. He suggested a verbal agreement until the City decides what to do with the property. Mr. Wolff agreed with Mr. Wright, noting government has a long history of supporting the arts and agreed with the Art Club's 38 year history, a handshake would be fine. MOTION by Mr. Wright and SECOND by Ms. Coy to authorize the City Manager to enter an informal agreement with the Art Club for use of the facility. Result of the roll call vote: AYES: Hill, Coy, Wolff, Wright NAYS: None ABSTAINED: Gillmor Passed 4 -0 Mayor Gillmor returned to his seat on the dais. 5 Regular City Council Meeting September 8, 2010 Page Six 11. PUBLIC INPUT (see back of agenda for procedures) Joe Scozzari said if the Art Club was going to take the price tags off the paintings, they should not charge for any art classes. Damien Gilliams said it was nice to see the Police Dept. obtain three bids on the crime scene camera; asked if there was any progress in getting the City's checkbook on the internet; noted that if the City can allow the Art Club use of the facility there should not be a raise in taxes. Ms. Coy called for a point of order and asked him to present new business. Mr. Gilliams said all of the organizations need to have insurance, noting the City Manager is leaving the City open for liability. Ms. Coy asked for another point of order. Mayor Gillmor told Mr. Gilliams that he had two more minutes. Mr. Gilliams asked how the citizens' academy was coming and noted the City should use the Golf Course to barter for services. Toni Hill, Vocelle Avenue, thanked the Police Department who recently woke up her son in the middle of the night to recommend closing their garage door after he came home. Frank Bilotta said he had just come from the County Commission Budget hearing where Commissioners Flescher and O'Bryan voted to retain all of the lifeguards, and Commissioners Wheeler, Solari, and Davis voted against it. Mayor Gillmor reported the County's second budget hearing would be next week. 12. NEW BUSINESS 10.129 A. Resolution No. R -10 -27 Supporting Maintaining Lifeguards at Treasure Shores 63 -70 Beach (City Clerk Transmittal, R- 10 -27, Bilotta Letter) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, URGING THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS TO MAINTAIN FUNDING FOR LIFEGUARD SERVICES AT TREASURE SHORES BEACH PARK IN THE FISCAL YEAR 2010 -2011 INDIAN RIVER COUNTY BUDGET; PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read Resolution No. R -10 -27 by title. MOTION by Ms. Coy and SECOND by Mr. Hill to approve Resolution No. R- 10 -27. Damien Gilliams asked if he just heard correctly that the lifeguard funding was turned down and Council is still sending a resolution. Mr. Wolff confirmed that was the case because the resolution could not be prepared in time for the County's first vote on their budget. Mr. Wolff said the lifeguard salaries are extremely modest, the beaches are one of the major draws, and to have them unguarded does not make sense. 6 Regular City Council Meeting September 8, 2010 Page Seven Result of the roll call vote: AYES: All NAYS: None Motion carried. 10.107 B. First Reading Ordinance No. 0 -10 -05 CRA Parking Requirements Set Public 71 -80 Hearing for September 22 2010 (Growth Management Transmittal, 0- 10 -05) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54 -3 -15 REGARDING PARKING REQUIREMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Ordinance No. 0- 10 -05. MOTION by Mr. Hill and SECOND by Ms. Coy to pass Ordinance No. 0 -10 -05 on first reading. Joe Scozzari said hallelujah; the ordinance would finally break down walls that are keeping businesses from opening up business. Ben Hooker cited the City's Economic Development Comprehensive Plan Policy No. 143 Protect the character of the City's downtown area and the commercial corridor and said the City is jumping through hoops for businesses that are constantly closing, we will lose the 69 spaces by the new cabana, and the City's gem will be lost. Damien Gilliams asked how the existing parking spaces will be used in a business' site plan. The City Manager said it is essentially a waiver that will cost X dollars based on cost to build more parking. Mr. Gilliams asked why a monthly fee isn't charged to go into the account to meet engineering purposes. Mayor Gillmor said it would be $3,200 per space without exclusive rights. Mr. Wolff asked if the City is cutting the requirement of parking in half for commercial businesses. The City Manager said they are increasing the amount of off -site parking, increasing the distance of the parking and creating the parking in lieu of fund. In response to Mr. Wolff, the City Manager gave the example of another restaurant as big as Capt. Hiram's under this ordinance would come in, the restaurant would need 200 spots, 100 on their site, 70 spaces within 500 feet, and they could buy -out 30 spots. Mr. Wolff asked how the cost per space was calculated. The City Manager explained it was based on construction experience on the Cavcorp proposal, Indian River Drive /Main Street improvement, the costs of the spaces behind the Chamber and boat/trailer- boat/car parking; but it did not include the cost to purchase land. Mr. Wright said this would give our businesses more opportunity and needs to be followed up with the creation of new parking spaces without taking away boat trailer spaces. Ms. Coy agreed, noting the boating spaces need to be clearly marked. Mr. Hill said this was consistent with the economic development plan and a lot of ideas were taken into consideration that will be friendly to businesses and residents. 7 Regular City Council Meeting September 8, 2010 Page Eight Mayor Gillmor noted that the City wants businesses; otherwise, the residents will pay the majority of the taxes. The Clerk announced that the public hearing would be held September 22, 1010. Result of the roll call votes: AYES: All NAYS: None Motion carried. 10.122 C. Discussion Economic Development Funding (City Manager Transmittal) 81 The City Manager explained he did not have a specific allocation but something in the $10,000- 15,000 range could be absorbed into the general fund at the direction of Council. In response to Mr. Wright, the City Manager said Beth Mitchell, Executive Director of the Sebastian River Area Chamber of Commerce, would provide a report to Council before their next meeting. Mr. Hill said while Council has supported economic development, he noted this open- ended, and it is critical to have a presentation to see what the $10,000 is for. Ms. Coy said she did not have a problem earmarking the funds for future use but would like to see a plan. The City Manager explained they will not see the allocation in their budgets but it will be contingency spending. Mr. Hill asked why they would spend $10,000 when they found $40,000 for the billboards for advertising and asked if they did spend the $10,000, would they be limiting themselves to a $10,000 budget for economic development and noted he did not see a need for any allocation for a vague, open -ended line item. The City Manager explained the billboards were paid with CRA funds and as they move forward, they cannot pinpoint those funds will be spent in one portion of the community; it becomes a general operation of the City. Mr. Wolff said he was sure the City Manager didn't wake up two weeks ago and say he needed to take $10,000 from the general fund for economic development and the fact was the pressure is coming from Council and with the budget so limited this borders on ludicrous to dip further into the general fund. The City Manager said if Council believes as a whole body, this is worthwhile, it is up to them to judge, but a greater expenditure he might call ludicrous, noting there is not a lot of flexibility. Mayor Gillmor said unless an amount is budgeted, it is pointless to keep talking about economic development unless the City puts some skin into the game. He said with a sum in the amount of $10,000- 15,000 and a plan put together by Ms. Mitchell the City might be able to do a better job of attracting businesses. Mr. Wright said he would also like to know what they are spending the money on; and noted when times are tough, you don't cut your advertising budget. Damien Gilliams noted that $10,000- 15,000 was a lot for these times; and asked how the money would be spent, said he was not happy with the Chamber who didn't come tonight. Ms. Coy clarified that they were not allocating the money to the Chamber or anyone else. 8 Regular City Council Meeting September 8, 2010 Page Nine 13. CITY ATTORNEY MATTERS none. 14. CITY MANAGER MATTERS The City Manager reported that the Public Employees voted to ratify their contract but the Police Benevolent Association voted not to ratify. He said the Public Employees contract would be on the next Council agenda and he would go back to the table to iron out issues with the PBA. 15. CITY CLERK MATTERS none. 16. CITY COUNCIL MATTERS A. Mayor Gillmor none. B. Vice Mayor Hill none. C. Council Member Coy none. D. Council Member Wolff none. E. Council Member Wright Mr. Wright reported that the St. Johns River Water Management District is planning to discuss the possibility of additional watering restrictions at future workshops that the public might be interested in and the City Manager had the pertinent information. 17. Being no further business, Mayor Gillmor adjourned the regular meeting at 8:38 p.m. Approved at the September 22 2010 regular City Council meeting. ATTE Sally A. Maio, MC City Clerk 9 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: 4( CITY COUNTY OTHER LOCAL AGENCY CITY Sebastian, FL 32958 COUNTY Indian River NAME OF POLITICAL SUBDIVISION: City of Sebastian DATE ON WHICH VOTE OCCURRED September 8, 2010 MY POSITION IS: 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). 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. APPOINTED OFFICERS: 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. 1, H. Gillmor (a) A measure came or will come before my agency which (check one) 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 b whom I am retained; or inured to the special gain or loss of which 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: DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on September 8 Signature 20 1 0 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