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HomeMy WebLinkAbout011220114. ROLL CALL City Council Present: Mayor Jim Hill Vice -Mayor Don Wright Council Member Andrea Coy Council Member Richard H. Gilimor Council Member Eugene Wolff aivOF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 12, 2011 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Pastor Norm Holm, Sebastian Campus of Calvary Chapel Melbourne. 3. Council Member Gilimor led the Pledge of Allegiance. Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Police Chief, Michelle Morris Police Captain, Mike Beyer MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mayor Hill requested removing item 12B from the agenda and to revisit it at a future date and there was no objection. 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. 11.005 A. Certificate of Appreciation to Richard Taracka for Police Pension Board Service Mayor Hill thanked Mr. Taracka for his community service and presented the certificate to him. Regular City Council Meeting January 12, 2011 Page Two 11.006 B. Karen Deigl, Senior Resources Association Update on Senior Program Bus Shelter Karen Deigl, CEO, Senior Resources Association gave a PowerPoint presentation on the public transit system noting strong ridership increases. (see presentation attached). She cited awards received and noted Phil Matson had been awarded MPO Planner of the Year. Phil Matson, IRC Metropolitan Planning Organization, described the integral part the public transit system plays in keeping cars off the road, identified public transit deficiencies, the significant increase in Sebastian riders, availability of holiday service for the first time, new shelters, and the proposed relocation of Vero's hub. Ms. Deigl said in 2011 public transit will have challenges, the shelters will be completed, there will be holiday service expansion, and thanked Sebastian for their partnership during the past two years. Ms. Coy asked how we can get Vero Beach to partner financially since they have the bulk of ridership and were requesting route and hub changes. She said she will mention this to Vero Beach Council Members. Brief Announcements Mr. Wright invited the public to the 12 Annual Chamber Concert in the Park Series starting this Friday, in Riverview Park from 5:30 8:30 p.m. Mr. Gillmor said the Art Center will be open Tuesdays and Thursdays, from 11:00 am 3:00 pm with free art classes on Tuesdays, there will be a grand opening in March, and local artist, Fritz Van Eden and photographer Jerry Peterman will be displaying their work. Ms. Coy announced the Senior Activities Fair on Thursday, January 20 in the City Council Chambers giving seniors an opportunity to see what is available for them in the area. Ms. Coy also announced that Aeropostale at the Indian River Mall is collecting jeans to give away to homeless people from January 17 to February 13 and will donate 10,000. 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. A. Approval of Minutes 12/15/10 Regular Meeting 11.007 B. Approve the Purchase of Seven Ford Crown Victoria Interceptor Vehicles for the Police Department in the Amount of $232,750.00 in Accordance with State Contract 10 -18 -0907 (PD Transmittal State Contract, Quote Sheet) 2 Regular City Council Meeting January 12, 2011 Page Three 11.008 C. Resolution No. R -11 -01 Approve Fourth of July Agreement Between City of Sebastian and Lions Club (City Manager Transmittal, R- 11 -01, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A JOINT PROJECT AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND LIONS CLUB OF SEBASTIAN, INC. IN REGARD TO THE 4 OF JULY CELEBRATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 10.085/11.009 D. Approve Change Order #6 to Masteller Moler, Inc. for Powerline Road Improvements in the Amount of $6,400.00 (City Manager Transmittal, Change Order) 11.006 E. Approve Bus Shelter Agreement Between City of Sebastian and Senior Resources Association (City Manager Transmittal, Agreement) Mayor Hill removed item A and Mr. Wolff removed item B. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve consent agenda items C, D, and E. Result of the Roll Call Ayes: All Nays: None Passed 5 -0 Item A Mayor Hill noted on circle page 10 the Charter Review applicant Ms. Kennedy's first name should be changed to Janet and on circle page 22, the sentence clarifying the motion needed to be corrected to "Ms. Coy and Mayor Hill modified their motion to include the punctuation change." He noted these corrections had already been made. MOTION by Mayor Hill and SECOND by Ms. Coy to approve Item A as corrected passed with a voice vote of 5 -0. Item B Mr. Wolff asked if the vehicles will be patrol vehicles noting residents approach him about buying higher mileage per gallon vehicles and he explained they are patrol and pursuit vehicles. The City Manager confirmed they were higher mileage pursuit vehicles that have particular specs and the department typically rotates the older vehicles to other staff and volunteers. Mr. Wolff also noted about a one third of the value of a car is setting it up with patrol equipment, asked what is happening to the equipment on the older vehicles and why they are not transferred to the new cars. The Police Chief responded they have not requested cameras and the other equipment has a life span of about five years and they do reuse what they can. She said the light bars are used on the volunteer cars with a change to amber covers. 3 Regular City Council Meeting January 12, 2011 Page Four Mr. Gillmor said at the last Treasure Coast League of Cities meeting, he spoke to a fellow who deals in compressed natural gas to which future vehicles can be converted and which, he said, would be cheaper, and if the City converted 5 -7 cars every year it wouldn't take long to change the fleet. He said he would like to see this as an agenda and bring in someone who could do a report to see if it is feasible. MOTION by Mr. Wolff and SECOND by Mr. Wright to purchase seven Ford Crown Victoria interceptor vehicles in the amount of $232,750.00 in accordance with State Contract 10 -18 -0907. Damien Gilliams asked if there is any reason the vehicles don't have GPS and Mayor Hill said the Chief nodded in the affirmative that the vehicles do have GPS. Mr. Gilliams said the large engines make you want to chase and asked what the sense is when a policy to not chase should be considered. Result of Roll Call: Ayes: All Nays: None Passed 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. 11.005 A. Police Pension Board of Trustees (City Clerk Transmittal, Code, Letter, Application, List, Ad) Interview, Unless Waived, and Submit Nomination for One Unexpired Position Mr. Zomok introduced himself noting he was on the board prior to this, had close to 40 years of human resource management plan administrator experience, was the secretary of a board, introduced a new minutes form, and would look forward to serving on the board again. MOTION by Ms. Coy and SECOND by Mr. Wright to appoint Mr. Zomok to the Police Pension Board of Trustees. (No vote was required. Board appointments are done by nomination and then roll call. Since he was the only applicant and nominee, his appointment was confirmed) 9. PUBLIC HEARINGS 10.159 A. Second Reading, Public Hearing and Adoption of Ordinance No. 0 -10 -09 Alcoholic Beverage Sales Restriction (City Attorney Transmittal, 0- 10 -09) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY CODE OF ORDINANCES CHAPTER 10 CONCERNING RESTRICTIONS ON THE SALE OF ALCOHOLIC BEVERAGES; RELAXING THE RESTRICTIONS IN SPECIFIC CIRCUMSTANCES; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. (First Reading 12/15/10) (PJ ad 12/29/10) The City Attorney read Ordinance No. 0 -10 -09 by title and Mayor Hill opened the public hearing at 7:08 p.m. 4 Regular City Council Meeting January 12, 2011 Page Five The City Manager stated this is the second reading with the punctuation change recommended from the first reading. Public Input Damien Gilliams said at the last reading he asked that open hours be extended to compete with businesses to the north and for a reference prohibiting police vehicles from parking within 1,000 feet of an establishment. He asked Council to be open- minded to other suggestions, not change the ordinance for just one business. He said if customers stayed past 1:00 am bartenders could cut the drink down, talk customers into staying, but he didn't expect Council to get too creative. Mayor Hill stated if anyone has issues with police officers in the community, they can call the Chief of Police. Edna Gonzales, Las Palmas Restaurant, said she keeps hearing the ordinance is being changed for her restaurant, but she is not the first restaurant that has tried, that she brought it to Council to benefit her business, future businesses and the City. She said hoped she would quit being singled out for this change and appreciated everyone's effort in making these changes to bring Sebastian to the forefront of economic growth. Pastor Ron Thomas, Sebastian, requested the full text of his remarks be entered into the record. (see text attached). He also had written questions to distribute to Council and Mayor Hill clarified that those questions should have been delivered prior to the meeting for review. Mr. Thomas read his statement objecting to the ordinance as written and recommending it be amended to limit it to the CRA district. Mayor Hill noted his five minute time limit 7:20 pm expired. Mr. Wolff made a motion to extend his time and Mr. Gillmor seconded. Mayor Hill extended the time by two minutes. Mr. Thomas compared the suggestion that food sales of 51% is supposed to alleviate fear of alcohol with five families eating dinner with water and soda being the same as five couples only drinking alcohol. He asked that the exception to the 450 foot prohibition only be in the CRA district. Mayor Hill closed the public hearing at 7:23 p.m. MOTION by Mayor Hill and SECOND by Ms. Coy to adopt Ordinance No. 0- 10 -09. Mr. Wolff said had had heard from a member of the IRC School Board, stated we have a unique situation, whereby Sebastian Elementary is very close to available commercial land and with passage of this you could establish a restaurant that serves alcohol within a school drug free zone which is acknowledged by the community. He said if we change it to only allow it for businesses within 1500 feet of US1 where we anticipate restaurants want to operate; we've closed the loophole for Sebastian Elementary and didn't feel that would hurt economic development. He asked Council to make a small amendment which would protect both elementary schools, give deference to Las Palmas and cover both sides. Mr. Gillmor said he agreed, if the ordinance is passed in its present form we are saying it is okay to sell alcohol in a school zone and Mr. Gilliams is correct that this is only being considered for one business that is too close to a church; we are sending a message 5 Regular City Council Meeting January 12, 2011 Page Six that we want to be just like Vero or the County which we aren't. He said he would be comfortable with slight tweaking. MOTION to AMEND by Mr. Gillmor to add in paragraph (1) (B) the word "and" and then add a (C) are located in the CRA district He said that solves the problem, maintains the buffer, and gives restaurants in CRA the ability to operate, noting we have other special restrictions in the CRA district. Mr. Wolff noted the noise ordinance was excluded from the CRA district. Mayor Hill said he didn't know if it was okay to make laws in the CRA versus the CR512 corridor. Mr. Wolff asked if we would exclude any businesses on US 1 outside of the CRA district. The City Manager said yes on the south end of US 1 which is outside the district, and cited the three schools within City limits which this would not affect that because Pelican Island is surrounded by residential, the preschool is zoned single family with conditional use, but the Charter School on Wave Street does have commercial zoning adjacent. Mayor Hill asked about the point of CR512 where the twin pairs meet. The City Manager said the developable part is more than 450 feet away from the school going by the former City Attorney's opinion that the distance is measured from front door to front door. SECOND TO THE AMENDMENT by Mr. Wolff. Ms. Coy said there would probably never be another school in our district within our lifetime, Sebastian elementary school is open 180 days a year, children are there 6 1 /2 hours a day and are not allowed to leave the school, the City pays two security guards at the crosswalks, a City police officer is stationed in the school zone, there have not been any incidents to date, and she didn't understand the objection. She said the School Board chose not to take up this issue and Todd Rosenbaum with Mothers Against Drunk Driving thanked us for excluding the free standing bar. Ms. Coy said if she could grasp one legitimate argument other than the statements we are making regarding schools, she'd understand, but both churches involved the last time this was discussed have no issue with the ordinance now. She said there was no concern from the schools the last time. Mayor Hill asked for clarification that the property across the street from Sebastian elementary school is more than 450 feet away. The City Manager said the property is more than 450 feet away from the front door and would not have any affect by adoption of the ordinance as written. 7:43 pm Mr. Wright commended Ms. Coy for the work she put in, he felt a restaurant is different than a bar, police and security are protecting our children on 512, it is 20 mph in front of the schools, the traffic slows down, and that alcohol abuse will happen in a restaurant, in a home or anywhere, that trying to regulate personal responsibility is a slippery slope and he would not support the amendment. 6 Regular City Council Meeting January 12, 2011 Page Seven Mr. Gillmor said this is like someone just coming to us and saying, change the code, and we change it, and it is a bad message, urged them not to throw out the baby with the bath water and said he sees the difference in the CRA district. Mr. Wolff said Council members are servants of the community and tough things come to them, if they can help a restaurant like Las Palmas, he would like to, and at the same time if others take offense, he would like to think we could find common ground and cross that bridge when it comes. He said Mr. Gillmor's amendment could be considered middle ground with Reverend Thomas. Result of the Roll Call on the Amendment: Ayes: Gillmor, Wolff, Nays: Hill, Wright, Coy Failed 3 -2. Result of the Roll Call on the Motion: Ayes: Coy, Hill, Wright Nays: Gillmor, Wolff Passed 3 -2. 10. UNFINISHED BUSINESS none 11. PUBLIC INPUT 7:52 pm Damien Gilliams gave his e-mail address for those who would like to write, said he hoped the work done on Laconia Street is reviewed and the engineer is reprimanded, said the approved $75,000 for broadcasting equipment did not need to be spent since the school board has the equipment, that Arts and Music festival is raising money for directional signs in the district and should give back to the City; said it is time to get into the 21 century with the City phone system to record activity and make sure things are followed up on, that City e-mails need to be sent to Clerk's office on a more permanent basis, and done weekly, and there should be a policy in place. He said he had the chance to review the working waterfront project and is appalled at how the City Manager handled it because Kayaks, Etc. put in a proposal but a powerful political party received it; it is not fair to give a lease to someone special, it was done dirty under the table and it should be changed. He asked if there were special favors being done. Mayor Hill said he has received many calls and asked the City Manager to describe what is happening on the Laconia issue. The City Manager said he met with the contractor on Tuesday who provided a number of reasons why it is deficient but they did not take ownership. He said we will be taking core samples, material samples, APAC will put together a list on how to correct the deficiencies, we'll compare notes and something better than what was spec'd may be provided. He said they are managing it, are in a good contractual position to hold the contractor accountable and something better may be provided; and that he would keep Council informed. Mayor Hill confirmed the City is not happy, full payment hasn't been made, and there are bonds that will protect the City. The City Manager added the City is in a good contractual position to hold the contractor accountable. 7 Regular City Council Meeting January 12, 2011 Page Eight 8:11 pm Ms. Coy said she would like to hold their feet to the fire, and fix it now. The City Manager said the core sampling is important, and that an independent engineer will be coming out tomorrow. Mr. Wolff asked where was Neel Schaffer on this job, noting they lose face as Council members when the community has to come to us to say Laconia is falling apart. The City Manager said what he has told residents is staff is continually asked to do more with less; we let bids using multiple contractors which isn't standard but saves money, we did not hire a residential inspector on this because we believed we had a good contract, good specs and experience in asphalt improvement so we felt we could save money. He said Neel Schaffer has been with us, noting inspection services are a couple hundred dollars an hour and staff is doing the best it can. He said Council and the community have asked us to shave where we can, these are the things that can happen and the public needs to be more understanding —we aren't out of money yet, we are trying to fix the problem, and we are getting more streets paved. He said he will Tight the fire, has confidence that APAC will step up to the plate; wouldn't say fire Neel Schaffer; and cited three fixes for future projects: don't use separate contracts, use a residential inspector, and use different specs which may not be necessary for residential roads. Mr. Wolff said Barber Street and Route 60 leave a lot to be desired, probably our expectations are based on a product from the 60's, 70's, maybe 80's and we have lost the ability to pave good roads. The City Manager said Barber Street is going to be a Cadillac road; we would not have built it to that standard; he knows it's been painful but since August the contractor has really moved and the State has held the contractor accountable. He said people don't like to be inconvenienced but people lose perspective and think that government isn't doing it right; and all things considered it has come together well. Mr. Wright cautioned that we want to see Laconia remedied, that testing is critical, if there is problem we'll need evidence, urged they not rush and destroy the case to recover compensation; noting it has been a terrible inconvenience. The City Manager added the cure could be a product above specs and he apologized to the community. Barbara Salmon, Sebastian, said she travels Barber everyday and it is going to be great. She invited the public to come down to Riverview Park on January 22 23 to enjoy the Fine Art and Music Festival. Sal Neglia, Sebastian, said the Cuban restaurant is excellent but he was on Council when the ordinance was implemented and asked how we protect children from someone that has had too much to drink; citing that within two miles of the riverfront we have eight places that serve liquor and asked if we need another, Fisherman's Landing will be one more place. He asked Council to protect the children and adults. 8 Regular City Council Meeting January 12, 2011 Page Nine Ben Hocker, Sebastian, said about two years we authorized the City Manager to purchase two gas saving devices to try on police cars and he asked where he could get the results of the test. Mayor Hill suggested he contact the City Manager. Mr. Hocker said he observed a Stuart landscaping company trimming swales along Indian River Drive and found out the City subbed the contract out to non residents, asking why we are furloughing employees and not rehiring people that leave to cut swales. He also asked how to obtain a permit to start a valet parking company such as the one contracted at Mulligan's Beach House Bar Grill which parked his car on the riverfront in the Cavcorp boat trailer area for two hours. Mayor Hill suggested he have a meeting with the City Manager. Mr. Hocker noted things are happening at the waterfront, noted the old Main Street improvement was still on the website and asked where he could find future projects on the site. Mayor Hill said he would talk to staff to see why the site is not updated and get an answer for him. Mayor Hill also noted there is a "buy local" policy on the books but the City has to be good stewards with tax dollars. Janet Schaffer, Sebastian, said she lived here for four years and every night they spend time at the Yacht Club but the parking has become horrendous since Mulligan's moved in, and asked if something could be done. Mayor Hill said he will meet with the City Manager to see how things have been to date and how many complaints he has received and noted there is a parking study underway and we will be improving the parking situation. Mr. Wolff added that he would like the City Manager to look into trucks parking in rights of -way along Capt. Hiram's. Ron Thomas pointed out new information (in regard to item 9A) that organizations such as the School Board and M.A.D.D. have policies whereby they will not comment on legislative actions. Ms. Coy called for a point of order calling for new business. Mayor Hill asked Mr. Thomas to speak briefly. Mr. Thomas said he received the information on the 700 feet from the City Manager's office but was told the Growth Management Department determines churches door to door and schools from door to property line so that puts the commercial property within the 450 feet which was a false premise in their earlier discussion. Mayor Hill recessed the meeting at 8:25 p.m. and reconvened the meeting at 8:37 p.m. All members were present. 12. NEW BUSINESS 11.010 A. First Reading of Ordinance No. 0 -11 -01 Repealing Code Chapter 22 Aviation Set Public Hearing for February 9, 2011(Airport Transmittal, 0- 11 -01) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING CHAPTER 22, ARTICLE 11; AVIATION IN ITS ENTIRETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 9 Regular City Council Meeting January 12, 2011 Page Ten The City Attorney read the title of Ordinance No. 0- 11 -01. The Airport Director explained staff discovered a redundancy in the ordinances with the help of the City Clerk that the Council has approved the Airport Principal Guiding Documents in 2007, and recommended adopting this ordinance to remove the chapter from the Code. MOTION by Mr. Gillmor and SECOND by Mr. Wright to move staff's recommendation to adopt Ordinance No. 0 -11 -01 on first reading and set the public hearing for February 9th Result of Roll Call: Ayes: All Nays: None Passed 5 -0 Survey) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; CREATING THE CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY SEPARATE FROM THE CITY COUNCIL; PROVIDING FOR THE POWERS AND RESPONSIBILITIES OF SUCH AGENCY; PROVIDING FOR MEMBERSHIP AND ORGANIZATION OF SUCH AGENCY; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND API EFFECTIVE DATE. This item was removed under agenda modifications. 11.012 C. Working Waterfront Committee Consider Permanent Committee (City Manager Transmittal, R- 09 -42) The City Manager explained this was agendized at Council's request and staff would accept direction. The City Attorney pointed out the resolutions in the backup are the current regulations for the waterfront committee. Mr. Wright said if they look at the committees involved in the working waterfront area, the Working Waterfront, the CRA, and FSL committees, they should look at options available which might be combining all of the committees into one, combine two and leave one, or have all three committees. He said the Working Waterfront would be more of a waterfront committee as we have City docks, there might be a mooring field grant, barriers in the water could be constructed to protect the shoreline, there is the Archie Smith fish house, an abandoned concrete pad near Squid Lips, so when he thinks about what the charge would be for the committees, he would like to get input from the committees and try to get some idea on how they want to move forward in the future. Ms. Coy agreed, the committees should discuss this as a group and make a proposal of what they would want to see. Mayor Hill agreed and said he was concerned about relieving the financial duties of Council as the CRA and discussed possibly an advisory board that would be in the best interest of the community. MOTION by Mr. Wright and SECOND by Ms. Coy to put the three committees on the agenda for discussion and analysis on how they want to move forward. 10 Regular City Council Meeting January 12, 2011 Page Eleven Mr. Gillmor said it is great when they have people willing to spend time, but he questioned one size fits all, didn't know if the same people involved in the waterfront would want to work on FSL grants. He asked the City Attorney if they could have a committee without having a committee that is bound by the sunshine. The City Attorney advised that he didn't think that would be practical but he would think about it. Mr. Wolff said the Working Waterfront status as a temporary committee begs for review, if you amalgamate committees, you might lose people, so let's talk about it but he wouldn't say anything is broke, but they could talk about what makes sense and suits the volunteers we get. Mr. Wright suggested inviting those committee members to attend the discussion as the Working Waterfront members feel the job they were tasked with is over. The City Clerk recommended they consider the current Natural Resources Board and Parks Recreation Committee that may have overlapping duties. Mr. Gillmor said there are committee members present who might want to provide input. Mayor Hill advised that to do it correctly, Council as body should ask the committee for input as a whole. Public Input Damien Gilliams said it is good to have committees but if they aren't receiving direction and getting results, what is the sense of having any committee, they should see what the waterfront businesses need and put together a report for Council. He said staff hasn't been looking into SBA money to match up with CRA to get anything done except when a special interest needs to raid the CRA for a special purpose. The motion to put the three committees on the agenda, discuss and analysis of how Council wants to move forward passed with a voice vote of 5 -0. 11.013 D. Resolution No. R -11 -02 Unfunded Mandates (City Manager Transmittal, R- 11 -02, List) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ENCOURAGING THE FLORIDA LEGISLATURE TO STOP UNFUNDED MANDATES AND REQUESTING THAT CERTAIN UNFUNDED MANDATES BE REPEALED; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Manager said the Mayor spoke at the December delegation meeting asking the legislature to stop unfunded mandates or repeal the ones that affect us and Senator Haridopolos and Representative Mayfield asked for a list, so he put together a list for Council to review that expresses clear purpose, tackles some problems, and includeds some unfunded mandates the legislature might want to look at. Mayor Hill said he liked the way the resolution is written, and last week he did meet with Senate President Haridopolos to discuss his concerns with unfunded mandates. MOTION by Ms. Coy and SECOND by Mr. Gillmor to adopt Resolution R- 11 -02. Mr. Wolff asked what the definition of an unfunded mandate is. The City Manager responded an unfunded mandate would be a directive that's promulgated to a local jurisdiction without funding for its execution. 11 Regular City Council Meeting January 12, 2011 Page Twelve The City Attorney interjected that the City Manager was correct and cited circle page 99, reading "an unfunded mandate requires a municipality to spend funds or take a certain action without providing state revenues to fund the requirement He noted that any mandate is also an assault on home rule even if it is funded, an unfunded mandate is a double whammy because you limit home rule and do it using municipal funds. Mr. Wolff asked how the first one is an unfunded mandate when you simply have limitation on how to use that money, and it doesn't cost you anything to use the money. The City Manager said it ultimately makes you shift the blocks -makes you more reliable on ad valorem taxes. Mr. Wolff said he wasn't buying that one. 9:04 pm Mr. Wolff cited the second mandate, "Limits and regulates municipal elected officials' ability to regulate millage rates," and asked if the fact that we have to pay for advertisement to tell taxpayers what our intentions are —isn't that money well spent and what we want to do. The City Manager said State statutes regulates how the levy is to be done, also how to raise the taxes and how high they can be which might be considered a good thing. He said the State is telling you they want you to have police officers, pay them in a certain fashion, have land development regulations, and when you go back to the millage rate- you have to have rolled back and they are capping the things we have to do which is an unfunded mandate. Mr. Wolff disagreed stating it isn't something you have to do that will now cost you money, it is the procedure, and if it is removed, every municipality could do whatever they want. He said the rest of the list is clear and he asked if the other Council Members considered the first two mandates fit into the parameter of costing a municipality a great deal of money and a burden to the way we run government. Mr. Wright said the discretionary sales tax has limitations; it can't go into the general fund, if the tax is spent for things that may not be the best way to move ahead, but if it was in the general fund it could be postponed or used on something else. For the second mandate, he said at the FLC conference they spent three hours analyzing implications of the millage rate, supermajority, going up and going down; he thought we would notify public anyway but the rules are overwhelming and he asked if they should be regulated by State or local decision. He said they should be local decisions. Mayor Hill said he understood Mr. Wolff's concern if it should be on the list and suggested verbiage in the paragraph preceding that describes we have these mandates and onerous State regulations. 9:12 pm The City Manager said the first two are broad, but they restrict the way we provide those services, and inhibits ability to generate revenue to pay for services. Public Input Damien Gilliams, said every time we go to the delegation meeting we are not prepared, suggested the Clerk start a wish list six months out, noting if we did homework in advance we could get some extra money, grants, special projects and things we need help with. Mayor Hill said the topic is the delegation's request for a list of unfunded mandates. 12 Regular City Council Meeting January 12, 2011 Page Thirteen Mr. Gilliams said if we were prepared we could go with the other communities and as a group we could be more effective. Ms. Coy asked for a point of order. Mr. Gilliams said if we had our ducks in a row, maybe Senator Haridopolos could have put it in a bill. Mayor Hill said is an important time for us as the Senate President is in our delegation; he went to the inauguration and heard the Governor's speech on regulation and job creation was a very exciting event. Result of Roll Call Ayes: All Nays: None Passed 5 -0 13. CITY ATTORNEY MATTERS none. 14. CITY MANAGER MATTERS The City Manager reported: exotic species along Roseland Road will be removed next week in accordance with a SJRWMD consent order; the CR512 project is closer to being done, once we receive a county permit it can go out to bid; we will need a county permit before we go to bid on the US1 project; and we did receive a draft of the parking survey, staff is making a few corrections before we bring it to Council. Mr. Wolff said someone called about a mooring study. The City Manager said the study goes back to a grant notice we received from Fish and Wildlife to do a study for the mooring field with the first thing being an engineering report to determine how we will take care of the grasses; the letter said the State approved it and it was being sent to the feds for approval but a study has not been commissioned and the project is still outstanding. 15. CITY CLERK MATTERS none. 16. CITY COUNCIL MATTERS A. Council Member Gillmor none B. Council Member Wolff none C. Mayor Hill none D. Vice Mayor Wright Mr. Wright said we were sent five year information from SJRWMD that has comments that our water supply is in an acute stage and he sent a response to the individual that he thought SJRWMD focus should be on expanding future water supply and he asked where they were going to have water to meet future population needs in our area. He said he is concerned that we fund the District, the Board is appointed, and their focus seems to be putting more emphasis on water restrictions with residents who can't vote on the appointments. He said we need to look at some of their plans and if necessary provide them with feedback to seek additional water not just conservation efforts. 13 Regular City Council Meeting January 12, 2011 Page Fourteen Mayor Mr. Wolff asked if it was reasonable to expect SJRWMD to construct dams in Indian River County. Mr. Wright said there might be an area in Fellsmere but he didn't even know who is looking at this issue. Ms. Coy said most of their focus is to get it back into the aquifer. Mr. Wright agreed but it isn't working. Mayor Hill said he knows Commissioner Bob Solari has some of the same concerns and he might want to talk to him. E. Council Member Coy Ms. Coy corrected the individual that proffered that the Sebastian River Fine Arts and Music Festival should donate $25,000 should be aware that the festival does not make that kind of money and the vendors are individual vendors. She said four of them were accused of being in cahoots with the City Manager and making pacts and unfortunately she can't fight back but there are no cahoots, she resents the allegation and for the general public she does not know of any individual in cahoots with the Working Waterfront Committee otherwise she would be prosecuting. She thanked Council for approving the alcohol regulation, clarifying this was bought to her attention because of other individuals interested in the Villages as business owners and by no means was this taken for one individual or person. She wished everyone a happy new year. 17. Being no further business, Mayor Hill adjourned the Regular Meeting at 9:34 p.m. Approved at he January 26, 2011 Regular City Council meeting. ATTEST; 14 I t 1,6)A d- i Gt (960) rn__ /l Q�t_�. 04 1 PROLOGUE May I begin by outlining the terms "intent" and "effect." I think we can all agree that the original intent of this ordinance was to provide a "safe space" for our children. This is not a new concept: We do not allow tobacco products or alcohol in our schools or on campus and beyond that scope, for example, we reduce the speed limits on our highways in school zones. The'effect of this ordinance is not so much to prevent specific accidents, but simply to codify the position of our community that the sale or consumption of alcohol in the immediate vicinity of our schools or churches is not an appropriate activity. Truth, upheld by one or acclaimed by thousands; "Truth," as Winston Churchill put it, "is incontrovertible, malice may attack it, ignorance may deride it, but, in the end, there it is." I must tell you at the outset that I have never been more disappointed in the conduct of our local officials than by your ramrodding of this ordinance change over the past two months. With only five minutes allotted, I have, nevertheless, stood before you and presented logical arguments against the change; offered several ways to modify the ordinance without throwing out its original intent; and asked at least three direct questions concerning your intentions in raising this issue all to no avail as without a single answer you have moved forward with singularity of purpose to enact this awful amendment. What may have escaped your notice, however, is that while having ignored my direct appeals, you have, nevertheless, put yourselves on the record, both corporately and as individuals on this issue. Relying solely on your own statements, then: Wright Your support for allowing restaurants with fully stocked bars next door to our schools has been the clearest and most forthright from the dais. However, referencing your comments acknowledging the concerns of your fellow Council members on December 15 may I respectfully ask: Under what theory of intelligent political governance do you write an ordinance that allows something you DON'T want, with the stated intention of changing it back to prohibit that action should anyone be so bold as to follow the original ordinance? Hill In private conversation, Mr. Mayor, you have defended your support of this exception city -wide because in your estimation, "a `good law' should apply everywhere, not just to one area of our municipality." Consequently, I look forward to your proposals to establish a single, city -wide speed limit and unified commercial zoning (the broadest available) as well as a unified, standardized building code. Second: Your unswerving support for this exception stands at odds with your insistence that you do not find the sale of alcohol in a school zone an acceptable activity. It is not my intention to be either condescending or pedantic, but, do you not understand the concept of a logical necessity? I plead with you, sincerely, to reconsider your position because as it stands, sir, you are the epitome of a political oxymoron. Perhaps you should talk to your counterpart, Karen Golonka, in Jupiter whose Abacoa Town Center went from the "family friendly location it was originally designed to be to a bar scene" (TCPa1m 1-/6/10) Also, in conversation with Mr. McCain, you explained that this ordinance change was just "Sebastian getting in line with the county and Vero." Well, sir, God bless the county and Vero, but this is Sebastian. Mr. Hill, recently you touted, and rightly so, the "small town feel" that the City of Sebastian enjoys. Well, now is the time to stand up for the small town values which provide the foundations of that distinction. Coy For more than half -a -dozen years I have counted you a personal friend and confidante. I have turned to you from_time -to -time and received both concern and support. Which makes it all the more disconcerting as to why you would not include me in your "reaching out" to the local clergy? That being the case, however, and more to the point, you feign bewilderment as to why this is not a moral issue for me and despite having made my position crystal clear, NOW you insist on continually trying to marginalize my rancor over this issue by addressing my status as a local pastor instead of recognizing my position as a local resident with a wife children to be concerned about. Nevertheless, last month, from that very seat on the dais, you quoted DUI statistics pointing out after 8:00 PM you are THREE TIMES more likely to be hit by a drunk driver, yet you are promoting an ordinance that would place the source of such right next door to established organizations which serve our children. (5 grade dance Youth Groups Choir Practice) Throughout this process the tenor of our debate (if we can call it that) has been affected by misstatements from the gallery which you have allowed to go uncorrected. Prime among them is the characterization of this ordinance as a "blue law." You HAVE blue laws on your books, but this is not one of them. To reiterate, the regulation with respect to our established schools and churches amounts to "zoning by ordinance." That is, you are informing your zoning board ahead of time concerning particular activities you will or will not look favorably upon in certain areas of our community. Your regulations concerning "times of sale" are your blue laws. Once again, however, let consistency be your guide: If, in your view, 450 feet of separation makes no difference in the sales of alcohol, why is it that you stand by the restriction which denies me the right to by a six -pack at 6:59 AM, but allows me to pick up a keg at 7:01 AM? Perhaps most galling of all is your insistence on making blanket pronouncements which may sound good, but are patently false and, when questioned, your silence amounts to something like: Don't confuse me with the facts; I'm busy making law here. A sample of this is your factitious concern for the potential number of impaired drivers in and around our schools and churches. .This began with Ms. Coy's original request that only beer and wine licenses be permitted (as if someone is any less drunk if they have too many beers instead of whiskeys); this quickly gave way to Mr. Wright's suggestion that a "small bar" should be allowed so that patrons might have a place to await being seated; leading, of course to the final version which allows for a full selection of liquors so long as the establishment receives at least 51% of its profits from food sales. This is supposed to relieve our fears with the picture of folks delaying the affects of their alcohol consumption with copious amounts of food not the reality of the situation that five families ordering dinner with water, coffee and soda provides more than enough cover for five couples ordering nothing but drinks! Need I remind you of the tragic events connected to one prominent, local restaurant this past summer? All of this begs the question, of course, regarding the biggest farce of them all, which is that by supporting this measure you will be seen as pro business. Five years ago, Ms. Coy, you welcomed the support of Sebastian's faith community as you jockeyed for position against Lisanne Monier and the pro- development crowd. Now, with the appearance of bolstering Sebastian's commercial base, but really at the request of a single merchant, tweaking this ordinance city -wide with the unanimous blessing of the Chamber at least provides some temporary public relations cover. And this, in direct contradiction, Ms. Coy, of your previous promise not to consider changing this rule "until the schools and churches came to you asking to change the ordinance." (3/30/05) On the other hand, if you truly want to respect the family values of our community while showing support for businesses distinctive to our riverfront area, consider the following substitute motion: Sec. 10 -1. Sales of liquor near churches and schools restricted. (a) It shall be unlawful for any person to sell alcoholic beverages at wholesale or retail from any building or establishment which is located within a distance of 450 feet from a church or school. (b) No permit or license shall be issued which allows the sale of alcoholic beverages to occur from any building or establishment which is located within a distance of 450 feet from any church or school. 1 (a) Separation of licensed premises from schools and churches. No premises licensed to sell alcoholic beverages shall be authorized by the City within 450 feet of any established public or private elementary school, middle school, high school, charter school or church with the following exceptions: (1) Establishments located within the CRA. CPersonally, I would add :and within 1,000 feet of U. S. Highway 1," but that's just me.] (c) The term "alcoholic beverages," as used in this section shall be taken to include the words "distilled spirits" and shall extend to and include all spirituous beverages created by distillation and by mixture of distilled beverages by what is commonly termed blending, and shall include beer, malt beverages or wine, as defined in the state beverage law. The term "church" or "school" as used in this section shall have its commonly- understood meaning, but shall be limited to those establishments meeting in a free standing building in a single use site of a minimum size of one -half acre. (d) The restrictions contained in this section shall not apply to a person or establishment holding a current and valid permit or license to sell alcoholic beverages in the city from its present location. Sec. 10 -2. Prohibited hours of sale. (a) Except as permitted pursuant to subsection (b) of this section, no alcoholic beverages shall be sold, consumed, served, permitted to be sold, permitted to be consumed, permitted to be served, offered for sale or offered for consumption at any location where alcoholic beverages are permitted to be sold or consumed pursuant to a license or permit issued by the state department of business regulation, division of alcoholic beverages and tobacco, within the city limits during the following hours of each day: (1) Between the hours of 1:00 a.m. and 7:00 a.m. on Sundays. (2) Between the hours of 12:01 a.m. and 7:00 a.m. on Mondays. (3) Between the hours of 1:00 a.m. and 7:00 a.m. on Tuesdays. (4) Between the hours of 1:00 a.m. and 7:00 a.m. on Wednesdays. (5) Between the hours of 1:00 a.m. and 7 :00 a.m. on Thursdays. (6) Between the hours of 1:00 a.m. and 7:00 a.m. on Fridays. (7) Between the hours of 1:00 a.m. and 7:00 a.m. on Saturdays. (b) Notwithstanding the provisions of subsection (a) above to the contrary, alcoholic beverages may be sold, consumed, served, permitted to be sold, permitted to be consumed, permitted to be served, offered for sale or offered for consumption, at any location where alcoholic beverages are permitted to be sold or consumed pursuant to a license or permit issued by the state department of business regulation, division of alcoholic beverages and tobacco, within the city limits on New Year's Day (January 1) between the hours of 12:01 a.m. and 3:00 a.m., in addition to the hours otherwise allowed. Public Transportation in India 2010 System. Highligh System wide Restructuring co More routes, more destinatio Sebastian City Hall SR 60 wet /Outlet Mall IRSC lIam Campus (Ft. Pierce) Statewide Awards Marketing, Planning, Volunteers 2005106 2005/07 2707/08 2008/09 2009/10 2.010/11' 270.070 27/1,77 170,700 2001/02 7002/03 2003201 2704+7 Fixed Route Ridership of Transit in River County overall transportation picture fixed route riders 2010/11 e nd response riders vs. $19 statewide) vs. $4.49 peer group unded through Federal/State Grants ineal Mateh e riders *ye or carpool w/o bus traffic on portions of major ow -Inco Trans Category on- disabled Category 2 Disabled Population on- Disabled Low Income Populat TD Population Forecasts by (Category 1) by (Category Figure 4 -2 Your Gender Is? 60.0% 80.0% Figure 4-4 What was the range of your Total Household Income in 2007? Less than $10,000 $10,000 to $19,999 $20,000 to $29,000 $30,000 or over 1Ta Shelte 7.7% .8% 1 1 9.3% 0.0% 20.0% Police Department 40.0% DEFICIENCIES IDENTI 60.0% No service south of Whispering Pa 80.0% Two transfers required from IRMH, Indian Ri ver Mall In Sebastian: No service to Main North County Transit Routes Proposed Revisions Legend Route 5 Route 9 Route 10 Route 12 (Newt Route I I 0 0 s 1 rr100 2010 North County Trans North County Restructuring Corn Result: in Ridersh.i County /Sebastian Routes PERCENTAGE OF TOT LOCATION 800 .00 OQC00 300 00 500 000 400 000 3% 300.000 200.000 3% 97% 200 2000;07 Fixed Route Ridership 8% 92% 13% 87°/ 200 C8 200 &•09 •All Other Routes Sebastian Area Routes 17% 83% 2009:10 Sebastian Area Percentage of Total Increasing 2011 Upcoming Activiti PI•opoteed Vero Beads. Huh Currently. Identifying Geographic Constraints on Minimize Neighborhood I Maximize IntenTiodal Op 45TH ST 16TH ST 12TH ST 1T F- ST 41ST ST 18TH ST SNAP! 26TH ST kt1.01.4 1A N 21ST ST ST1SR 60 16TH ST11. TH ST 0 u 17 ST 0 96TH ST C In order to maintain the schedule... 12TH ST Grp[ 49�fH 3T n ..If you add this... 91 rsr 37TH sT `SG 1 4 i,� HL N r+� 30TH 5T gE A� TIN ro L 4 4TH ST niJMAR ...You must lose this and this Expenses Continue to Rise Phase I II ossible with Continuation ary Grant Funding Required on New Service ccessful Local Partnerships