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HomeMy WebLinkAbout02092011City Council Present: Mayor Jim Hill Vice -Mayor Don Wright Council Member Andrea Coy Council Member Richard H. Gillmor Council Member Eugene Wolff HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 9, 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. Rabbi John Goldring, Congregation Beth El gave the invocation. 3. Council Member Wolff led the Pledge of Allegiance. 4. ROLL CALL Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Economic Development Director /Airport Director, Joseph Griffin Building Director, Wayne Eseltine Growth Management Director, Rebecca Grohall Police Chief, Michelle Morris Police Captain, Bob Lockhart Public Works Administrative Supervisor, Linda Kinchen Storm Water Supervisor, Tim Walker MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mayor Hill said on Sunday he was unable to accept an award at the Four Chaplains interfaith event held at St. Sebastian Church and he requested Mr. Larry Wapnick and S.S. Dorchester Survivor, Ernie Heaton be added tonight to present a plaque to the City as item 6B and there was no objection. Regular City Council Meeting February 9, 2011 Page Two The City Attorney asked that item 12C be withdrawn as it is not ready for action and there was no objection. 6.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. 11.023 A. Proclamation Problem Gambling Awareness Week, March 6 -12, 2011 5 Mayor Hill read the proclamation and said it would be mailed to the Florida Council on Compulsive Gambling in Altamonte Springs. B. Presentation of Plague Larry Wapnick, President, Four Chaplains Monument Committee and Ernie Heaton, S.S. Dorchester Survivor Mr. Wapnick reported they raised all of the funds to build the monument in Riverview Park; and recently Mr. Heaton spoke at a National Security Agency luncheon in Ft. Meade in addition to a Four Chaplain banquet in Philadelphia where they met the son -in -law of Chaplain Goode, who promised to attend the unveiling. He presented a plaque in recognition of the City's patriotism and generosity to honor the four chaplains by donating property for the monument, which will be a symbol to all citizens who visit regardless of their race or creed. Mr. Heaton added that they were swarmed for information in Ft. Meade by many young GI's just returning from Afghanistan and he thanked Council. Brief Announcements Ms. Coy reminded everyone of the February 18 Concert in the Park to feature the Senior High School Jazz and Steel Drum Band from 5:30 -8 p.m. Mr. Gillmor announced the Third Annual Art in the Park Treasure Hunt this Saturday, with hundreds of dollars of art to be given away. 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 -11 A. Approval of Minutes 1/26/11 Regular Meeting 11.014 B. Grant to Sebastian River Area Chamber of Commerce for Aviation Marketing 19 -29 Proposal on www.aero news.net in the Amount of $5,000 (Airport Transmittal, Letters, Info) Item B was removed by Mr. Wolff. Regular City Council Meeting February 9, 2011 Page Three MOTION by Ms. Coy and SECOND by Mr. Wright to approve item A passed with a voice vote of 5 -0. Item B Mr. Wolff said he was excited at the opportunity to advertise the City Airport and wanted to bring an alternative to what has been proposed. He said after doing research, there is no way to get feedback and adjust results with the aero- news.net proposal. He said he thought maybe it was a strong site so he went to the website forum to only find postings, not dialog in the community; he then looked at the classifieds to find three ads indicating there wasn't a lot going on. He said one alternative option was to use Google AdWords, where you purchase search words with a set budget, only pay for results you get, and you can change your ad words. He displayed and described the AdWord tool called the "estimator", said this is good, viable alternative; and a tool that the Chamber could work with, and in six months become expert on what they need to drive advertisements. Mayor Hill said the Google idea is good; it was a little unfair to search aero- news.net in his display when the aviation community will go there first and he asked if the grant is specific to the aero news.net website. The Economic Development Director said the Chamber negotiated the contract; said Mr. Wolff's presentation is very compelling; he contacted Beth Mitchell who said there was a restriction on the Chamber using Google key words; but if the proposal was turned down, he couldn't see why the City can't act alone. In response to Mayor Hill, the Economic Development Director said approximately $2,600 remained in the Airport's advertising budget; the genesis for the website came from Airport tenant meetings; and the Senior MIS Systems Analyst could track the hits noting we received 19 hits last month on the AirNay.com website. Mr. Wolff said the reason he brought this up was to think more about alternatives. The Economic Development Director asked if it would be prudent to allocate the $5,000 and utilize that upon further investigation of the best way to go, so at least they begin to move forward. He said when they first proposed aero news.net it was the beginning of the season and now they are about two months behind, so he would like leeway to maybe split or vary the proposals. Mr. Wright said most of the sites on a succeeding Google search pages are ignored so information should be available to go to the top of the list. He asked how they would measure the results of Chamber's advertising proposal. The Economic Development Director said the Senior MIS Systems Analyst would be able to track hits on aero news.net, and the information requests would come to him which will be tracked. 3 Regular City Council Meeting February 9, 2011 Page Four Mr. Wolff explained with Google AdWords, depending on what you are willing to pay, that is where your ad will come up. Mr. Wright suggested they utilize the negotiated proposal, leave the other $2600 in the Airport's hands to experiment with Google AdWords, and at end of six months, evaluate where they are. Mayor Hill clarified there is $2600 remaining in the advertising budget but the advertising amount was larger than that. Mr. Gillmor asked how the banner ads would generate someone coming to our website. The Economic Development Director said we would have to develop the artwork, put the website on the internet and the MIS Analyst will be able to track the hits. Mr. Gillmor asked if the Piper banner ad displayed when the aero news.net was on the overhead would be similar to our ad, noting he doesn't usually click on moving ads. The Economic Development Director said he believed it would be. Mr. Gillmor said he really liked the Google AdWords idea. Mr. Wolff said the Economic Development Director must consult with the Chamber but the beauty of it is that we only pay if it is clicked on. Mayor Hill said he liked Mr. Wright's idea where both proposals could be tracked. Public Input Damien Gilliams, thanked Ms. Coy for recognizing the public on the consent agenda, said since the Chamber was not present that was enough to defer the matter, sounds like they are advertising for tenants not for the tax payer; need to do more target marketing and go after the available square feet at the Airport to get it leased out or developed. He cited the Chamber hopes to target pilots that want to buy /service planes or attend lectures. He said they need to look into Mr. Wolff's idea, or other ideas noting we can place classified ads all over the world and get a bigger bang for the buck. He noted the City has not received any word on the success of the $40,000 billboard investment. Ben Hocker, Sebastian, said the Sebastian River Area Chamber of Commerce also represents Wabasso, Fellsmere and he asked what they are contributing to the grant, noted we've given the Chamber a building, and cut their lawn. He suggested Council sit down with the Chamber and let them explain where the money is going and postpone until an acceptable package is put together. Mayor Hill said they bought this back to do it slowly, it's been negotiated, and the money would advertise the City Airport to bring in customers who will bring in business. 4 Regular City Council Meeting February 9, 2011 Page Five Ms. Coy said this has been discussed with the Economic Development Coordinator and the Chamber; they know where all money is going with no discrepancies; she liked Mr. Wright's proposal; and it would behoove them to check out both proposals. She said the other communities aren't advertising because the goal is to help Sebastian and we are lucky to have sponsors to help us. MOTION by Ms. Coy and SECOND by Mr. Wright to propose we allocate $5,000 and reserve $2,600 for the Airport Manager in coordination with the Chamber, to explore Google possibilities. Result of roll call: AYES: All NAYS: 0 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. 11.020 A. Planning and Zoning Commission 31 -51 (City Clerk Transmittal, Letters, Applications, Ad, List) Interview, Unless Waived and Submit Nominations for Two Members: a. Three Year Regular Member Term 2/1/2011 to 2/1/2014 b. Unexpired Regular Member Term 3/1/2011 to 6/1/2012 Mayor Hill explained the alternate members are interested in serving as regular members and there is an additional applicant. Mr. Reyes stated he is currently an alternate; would appreciate the consideration of becoming a regular member; and he has been on the Board for 4 -6 months. Mr. Durr said he has been on the Board for six months; it has been enjoyable and it would be an honor to continue to serve. Mr. Carter said he has been a resident for almost ten years; loved living here; wanted to contribute back to the community and would love to be considered. Mr. Gillmor suggested filling the two regular members with the alternates and seat Mr. Carter as a new alternate. Being no other nominations or objections, Mr. Durr was appointed to the term ending 2014, Mr. Reyes was appointed to the term ending 2012, and Mr. Carter was appointed to an alternate position. 9. PUBLIC HEARINGS 11.010 A. Ordinance No. 0 -11 -01 Repealing Code Chapter 22 Aviation (Airport 53 -57 Transmittal, 0- 11 -01) 5 Regular City Council Meeting February 9, 2011 Page Six AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING CHAPTER 22, ARTICLE II; AVIATION IN ITS ENTIRETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ Ad 1/26/11) The City Attorney read the title of Ordinance No. 0 -11 -01 and Mayor Hill opened the public hearing at 7:25 p.m. The Airport Director said this was to repeal Code Chapter 22, which duplicated the 2007 Council approved Guiding Documents and it was a housekeeping measure. Mr. Wolff said he received a couple of phone calls and attempted to explain the ordinance was necessary housekeeping but the basis of the question was that by sun setting Chapter 22, does that change how the Airport is managed particularly with things that occur such as proposed flight training schools. He told the callers he would present the question to the City Attorney. The City Attorney said they have three actions: Agenda Item 9A repeals the code section, Item 12A also rescinds a number of older resolutions which are replaced by the April 2007 Council approved field rules that the Airport has been operating on for the last four years which will reaffirm the governance of the Airport. He said nothing will change at the Airport, Council is simply recognizing the approved guiding documents are to govern the Airport and the other matters should be cleared away for housekeeping matters. Public Input 7 :30 pm Damien Gilliams said for the phone callers, the deleted section included definitions, policies established, liability, general duties and field rules for the Airport Manager, the Finance Director shall have custody of all Airport funds, deleted the speed limit, take off and landing procedures, pilots convicted of violations of this section for third time shall be barred from the Airport. Mayor Hill clarified that all those cited items are included in the Council approved guiding documents. Ms. Coy said she received the same type of phone calls, said these are housekeeping measures, we have been operating under the guiding documents for four years and things have been going very smoothly. MOTION by Ms. Coy and SECOND by Mr. Wright to approve Ordinance 0- 11 -01. Result of Roll Call: Ayes: All Nays: 0 Passed 5 -0. 6 Regular City Council Meeting February 9, 2011 Page Seven 10. UNFINISHED BUSINESS 11.009 A. Powerline Road Design Update (City Manager Transmittal) 59 The City Manager said Steve Moler and John Boyer were present to give an update on the berm requested by City Council, noting the engineers have found some trouble designing it and they wanted to report the design modification before moving forward. Steve Moler, Masteller and Moler, Inc. said they did an investigation, met with the Public Works Director and designed the buffer to be just west to the right of the curb line. He noted that he wanted to go more west but in talking with the Public Works Director and Storm Water Supervisor he felt the need to keep that side clear for maintenance. Mr. Gillmor asked if the whole area of what he is seeing is 24 feet wide. Mr. Moler said where the car is, is 24 feet, so half of that is 12 feet and the flat section was 8 feet wide which is needed for the maintenance vehicles. Mr. Gillmor said he paced it off and they have 12 feet from the curb to the center line of the power poles and 27 feet to the ditch slope, totaling about 40 feet. He asked if it would be possible to mound earth in the 12 feet. Mr. Moler said it would be very difficult and they are trying to keep the landscaping close to the breakpoint slope. Mr. Gillmor said the point he was trying to make is that he spent a few nights in a Miami hotel on third floor and the noise was unbelievable and then he stayed on the first floor where there was a little bit of buffer which kept the noise out, any kind of buffer would help keep noise out. Mr. Moler said the distance they designed is really only six feet which is not what is out there today. Mr. Gillmor asked if they could move the ditch over but Mr. Moler said they could not as there are underground utilities. Mr. Moler said they are coming up with the best design with the constraints that are there and it would be unsafe to have the maintenance ditch be any less than 8 feet wide across the top. Mr. Wolff asked how the landscape combination will look at six feet high. Mr. Moler said it should be maintained as a continuous hedge. Ms. Coy said the berm will require irrigation and asked how much it will cost. Mr. Moler said they did not develop that budget yet. Ms. Coy pointed out there are plants that don't require irrigation. Public Input Damien Gilliams said the cross section looks incomplete, he couldn't see measurements, and it looks like they are going to manipulate until it works. He asked why they don't use landscaping that doesn't need irrigation; noted Council owes it to people to do this right. Ben Hocker said it was mentioned that four people are affected by this and asked why we are going out of our way to put in shrubbery, noting we have a dog park where we put a fence up, and it might be cost effective to put up a fence. 7 Regular City Council Meeting February 9, 2011 Page Eight Ms. Coy clarified there are more than four affected property owners. Mr. Hocker said we don't do this along Barber Street and he didn't see the logic to spend the money on buffers to appease a minority group of homeowners. David Reyes, surveyor by trade, said he has seen a foot high buffer wash back into the retention area and into the road. He recommended not putting in the buffer because it will just sit where it washes in and require maintenance. Mayor Hill said Council was working hard to minimize the impact of the construction to the homeowners; the plant hedge appears to be the best solution; and if you looked at Schumann Drive you would see that irrigation is needed. He recommended going forward with Powerline Road as designed. MOTION Mr. Hill and SECOND by Ms. Coy to go forward as designed without a berm. Mr. Wright asked if the irrigation had a multipurpose or if it was just for the plants. Mayor Hill said to have success of being aesthetically pleasing it required irrigation. Mr. Moler clarified that Bahia grass does not require irrigation, so irrigation was considered because of the plants. In response to Mr. Wright, the City Manager said there wasn't a cost number built in for landscaping and DOT requires irrigation for any type of plants. The result of the voice vote was Mayor Hill, Mr. Wright, Ms. Coy, and Mr. Gillmor in favor of moving forward as designed. Mr. Wolff cast an opposing vote. Mayor Hill recessed the meeting at 7:55 p.m., reconvened the meeting at 8:07 p.m. and all members were present. 11. PUBLIC INPUT Tina Capros, Sebastian, said Sebastian is a beautiful city except the parking issue at the Yacht Club. She said she sits for hours on end taking in the beautiful scenery, and watches restaurant employees and the valet company park at the Yacht Club, noting the two handicapped spaces are full and the police fail to cite the offenders. She said she wished to have a parking space and not compete with people who have a business, said something should be done, it is a small town, but it is sore spot with her because what she thought she was going to own and be a part of is not the case at this time. Mayor Hill invited her to speak to Chief Morris about any issues regarding the Police Department at any time; there are still some issues with Mulligan's parking to work out; we have directed the City Manager to look into ways to make the parking better; and there are improvements planned to provide more parking. Ms. Capros said a lower dock was removed when the docks were redone and her disabled husband has a hard time getting into their boat. The City Manager said he would look at that. Mayor Hill asked her to take the City Manager's card to set up a meeting. 8 Regular City Council Meeting February 9, 2011 Page Nine Ben Hocker, Sebastian, displayed a flyer posted on his windshield while parked near the Cavcorp lot. He said he suggested a fence between the Yacht Club and Mulligan's to avoid the problem Ms. Capros spoke of. He said beer trucks, food vendors block the boat ramp and there is no way to see the exit sign at night. He said he asked for an overlay of what was to be built at the waterfront and he read in the paper that there will be a second floor to view the dock, and there will be a pig roast indicating the working waterfront is open while under construction; said six truck loads of dirt were dumped on the drainage swale to the west; noted the City sent a letter to the County recommending an algae company along the river, and recently the paper said the fish kill was due to lack of oxygen so Council might want to think again about the company. Damien Gilliams said he felt bad that Ms. Capros had to sit for two and a half hours to be told that she just needed to meet with the City Manager; he apologized to Mr. Wapnick that nobody attended the Four Chaplains event; he was still in favor of the City Manager putting his goals into a resolution; he noticed there is a new hire at the garage and he thought there was freeze and now he understands the garage is subcontracting work out which is better to put money into the community than creating staff with big pensions and benefits. He said he keeps asking about matching SBA funding with CRA funds but is ignored because he is the one that brings the idea to Council; he is going to keep an eye on the budget, look for more cuts and consolidation; and urged the budget committee to start early with the budget. He said under Code 2 -93 with the surplus Hurricane Harbor furniture... Mayor Hill reminded him that he had 15 more seconds. Mr. Gilliams said Council violated the law and there needs to be an investigation and set the procedures correctly on how we get rid of assets. Mayor Hill thanked him. Mr. Gilliams requested extra time but there was no interest. Mayor Hill asked him to take a seat but he did not. Chief Morris escorted him out of the Chamber. 12. NEW BUSINESS 11.010 A. Resolution No. R -11 -03 Repealing Airport Field Rule Resolution and Officially 61 -71 Adopting Airport Principal Guiding Documents as Official Airport Regulations (Airport Transmittal, R- 11 -03, R- 79 -11, R- 85 -12, R- 85 -27, R- 86 -12) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RESCINDING RESOLUTION NOS. R- 79 -11, R- 85 -12, R- 85 -27, AND R -86 -12 WHICH ESTABLISHED FIELD RULES FOR THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR THE SEBASTIAN AIRPORT PRINCIPAL GUIDING DOCUMENT AS APPROVED IN APRIL 2007 TO BE THE OFFICIAL AIRPORT REGULATORY DOCUMENT; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read Resolution No. R -11 -03 by title. 9 Regular City Council Meeting February 9, 2011 Page Ten The Airport Director said this is another housekeeping item, the Guiding Documents approved in 2007 supersede the resolutions. MOTION by Mr. Wright and SECOND by Ms. Coy to approve Resolution R- 11 -03. Ms. Coy clarified again this is a housekeeping effort and asked why there is a U -Haul sign in same spot as the other contentious sign on Roseland Road. The Airport Director offered to check out the sign. Result of the Roll Call: Ayes: All Nays: 0 Passed 5 -0. 11.024 B. Quarter Round Drainage Improvement Update (City Manager Transmittal) 73 The City Manager said he brought this back at Council's request, the City has made significant improvement, since his hire he has put together a plan to address drainage, with a comprehensive approach to clear and maintain the ditches, tried to fix front swale ditches, get homeowners to replace culverts that are deteriorating, and he has put together a quarter round map. He said everybody pays a $48 a year assessment, and the City has tried to take a systematic approach that puts together location, proximity to outfalls. He said the quarter round is a 30 -year plan (displayed on poster board and circle page 74b of the packet) but it is the best course scenario, they have tried to provide temporary relief to folks with the Armadillo and by blowing out driveway pipes. He said they may want to include this in the storm water master plan, or discuss a citizen petition program where residents in block areas need drainage, use contract forces, or use all sorts of funding sources. He said they have used gas tax money, DST monies; and that with tools given have been somewhat successful. Mayor Hill said there have been a lot of improvements and the biggest concern is that homeowners were on the map and then they were not; so he would assume the City Manager identified the worst areas with the plan. On a poster board map, the City Manager pointed out the troublesome areas with their flow patterns. He said their strategy has been to tackle where there are problems, complaints, and topography with about a half a million dollars each year. Ms. Coy commented that when the City was doing CDBG, some problem streets were added for improvement but Council opted to do something else and in the future Council might want to use CDGB money on more quarter round. The City Manager said CDGB money has to be a target area and staff did identify some target areas that would alleviate other funds. 10 Regular City Council Meeting February 9, 2011 Page Eleven Mayor Hill suggested making the map real and put it into the storm water master plan. The City Manager suggested it be a living, breathing document; if it goes into the master plan we describe how we are trying to tackle issues; the quarter round is designed to retain water noting we have people not changing culverts out which is hurting someone else; and plan modifications would come back to Council. Mayor Hill said things will change but the map will give people hope they will be taken care of. Ms. Coy added another tropical storm could have us reassessing everything. Mayor Hill said he liked the direction staff is moving in. Mr. Wolff said driveway replacement culvert is a significant cost, a quality of life issue, and as a property owner, residents have a social responsibility to the rest of community to replace their culvert. He said they need to define an assessment with a way to allow destitute property owners pay their share. The City Manager said staff had decided culverts weren't our responsibility but to improve the swale we took it upon ourselves and realized the benefit. He said they may want to do an assessment, there wouldn't be a big influx of cash, but there would be a lien on the property until it is sold. Ms. Coy said six years ago, Council decided drainage was the responsibility of the City and didn't exclude culverts or canals and now we want to tell people they need to spend money on drainage which is very unfair and if we can fix it, we need to continue it. In response to Mr. Wright, the City Manager said a little bit less than half of the storm water fee was paid for the Collier Creek project. Mr. Wright said Council has gotten into a situation where Council has done public improvements to private property and more will come up but there is a limit as to how far we can go. He said there will be projects coming up similar to Collier Creek and they must decide if everything should be paid by the taxpayer or individual homeowners noting the improvement of Collier Creek came from the storm water fee so they don't have money for storm water projects. He said when you cross over to private property people have an obligation to maintain their property which has to be looked at. Mayor Hill pointed out not every driveway needs to be replaced. For the record, Mr. Wolff asked if anyone can provide that Collier Creek was initially an assessment project; that he would be interested as it was not, and the only record is a statement in a TCPaIm archive by the City that the project would not be. He also cited the notion that the City improved people's property, he asked to be shown water that doesn't flow through there; he took it as a personal affront as he happens to live there; and the whole controversy was that residents wanted the walls left alone. 11 Regular City Council Meeting February 9, 2011 Page Twelve Mr. Wright said he remembered watching the meetings where there was much discussion on how it was to be paid and it was decided not to be assessed but paid by City funds. Ms. Coy said she remembered it was. Mayor Hill said they could continue to go on recollections or produce paperwork and asked Council to stay on the item. Mr. Gillmor noted his street is not due till 2018, and asked how does he move up; the City has done an excellent job; when it rains if you wait an hour or two the swales are doing the job. Mayor Hill said he would like to go with the City Manager's recommendation to place the map in the master plan and there was no objection. He also asked that budget discussion regarding fees and assessment be addressed during the budget time. AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING CHAPTER 16 OF THE CODE OF ORDINANCES IN ITS ENTIRETY AND ENACTING A NEW CHAPTER 16 REGARDING FLOOD DAMAGE PREVENTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Pulled from consideration. 13. CITY ATTORNEY MATTERS none. 14. CITY MANAGER MATTERS 11.026 A. Sebastian Municipal Airport Habitat Restoration /Burn Update (no backup) The City Manager said the Florida Division of Forestry came up with a recommendation for a March burning in polygon 8 (the east side of Airport) to open up a more natural scrub habitat so Council will see smoke at that time. He also said the CR512 project will go out to bid next week, along with the Potomac Drainage project; and the stamped asphalt plans are with FDOT for approval. He said Barber Street is almost complete, the road is open, hopefully the dead sod will come back to life, and the field office will be open for another two weeks. Laconia, Periwinkle South Easy Paving In response to Mr. Wolff, the City Manager reported during the past two weeks staff has taken boring tests, redoing compaction tests, there is a meeting scheduled for Friday with APAC and Asphalt Recycling where he hopes APAC will provide estimates to repair and share the cost between the two companies, he hopes they will accept it, otherwise he will move onto the company's higher ups to have them live up to the contract, noting he has kept the City Attorney in the loop. 12 Regular City Council Meeting February 9, 2011 Page Thirteen He said he believed Asphalt Recycling is working with us, he is disappointed with APAC as their past stance has been to pass the buck and they have not approached this with their fiduciary responsibility; he is fearful until he goes to the higher -ups, resolution would not happen. In response to Mayor Hill, he said the project is bonded but they have not talked about pulling bonds and if APAC doesn't fix the deficiencies, they will have those discussions and figure out how to fix the issues. 15. CITY CLERK MATTERS none. 16. CITY COUNCIL MATTERS A. Mayor Hill none. B. Vice Mayor Wright Mr. Wright said Ms. Cafros described a situation where she would be eligible to use handicapped parking and he would hope those using the handicapped spaces will be ticketed and be towed. He said there has always been an older group that parked at Yacht Club to watch the river and he is concerned where valet parking is allowed and said the Yacht Club should be used for those using the marina property. He said we should look at signs there and noted when someone pulls into exit, it is very difficult. He said he drives by there twice a day and sees most of the overflow parking is taken along with the front row of Cavcorp taken by passenger cars. He said it should be understood that now that we have an operating restaurant we should have anticipated there would be parking but at the same time, we should have some public parking areas. Mayor Hill asked if there been discussion with Mr. Hart regarding the valet company using the Yacht Club parking. The City Manager said he would do that. Ms. Coy asked to him to mention employees should be directed to more obscure parking as is done with any business. C. Council Member Coy Ms. Coy said last week she received a few calls on commercial vehicles parking in swales, and parking overnight on public property and she reminded the public that residents cannot park in the swale unless their driveway is full. Mayor Hill said they are to park in the road, not the swale. The City Manager said parking at the edge of the road is permitted as long as the driveway is full, the homeowner knows it is going on, and no overnight parking. He said they are trying to issue warnings first and tickets second and the Police Department plans to put a slide on the website. 13 Regular City Council Meeting February 9, 2011 Page Fourteen Mayor Hill said he recollects there is no parking in the grass swale. Mr. Wolff agreed. The Police Chief said that is right, but as safety precaution on streets like Barber, and Easy the officers prefer cars park closer to the swale. Mayor Hill requested clarification and if it is acceptable the code should be changed. The Police Chief read Code section 98 -33 into the record and said that was verbatim on the television slide. The City Manager said for the most part it is working well and he offered to have the Chief write a memorandum of clarification to Council. D. Council Member Gillmor Mr. Gillmor reported that he went to the Craft Club Show on Saturday, they had excellent traffic, the Cavcorp lot was full of cars; and he suggested having the sign shop make an a -frame sign to have people park in the overflow parking lot by the Splash Pad. Mayor Hill agreed and suggested making that lot the primary event parking lot. Mr. Gillmor agreed with Mr. Wright that there should be some way to designate the Yacht Club parking for those using the Yacht Club. E. Council Member Wolff Mr. Wolff said when Council discusses problems, they are not discussed with an open mind and a willingness for healthy discourse, more often than not they come in having their minds made up and it doesn't allow an environment for discussion of pros and cons to come up with answers, which would bring Council to a higher level, and the City would be better off. Mayor Hill said when they discuss parking everyone understands there is a problem, he is very pleased with the way this Council is working together; earlier there was a potential for inappropriate action, but they are working together on parking, he would disagree with Mr. Wolff, contentious issues are inevitable but if they go forward at a higher level they, as all five members do, they will do what is in the best interest of the community. Mr. Wolff said he mentioned parking specifically because when Mulligan's application came in there were several flags of economic development hoisted and flown and any objection was tantamount to being against the project, which is why he asked what Council expected when it was approved. He said it almost felt that discussion was so eager to bring Mulligan's in and now at this point Council is discussing parking. Mayor Hill said that was fair enough and all statements made should be looked at from all Council Members which may not be in the best interest of the community and maybe everyone should look in the mirror and make sure discussion is civil. 14 Regular City Council Meeting February 9, 2011 Page Fifteen Approved at the February 23` 2011 ATTEST: 17. Being no further business, Mayor Hill adjourned the regular meeting at 9:30 p.m. II, Mayor Sally A. Maio MMC City Clerk Mr. Wolff agreed and commended him. 15