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HomeMy WebLinkAbout04132011City Council Present: Vice -Mayor Don Wright Council Member Andrea Coy Council Member Richard H. Gillmor Council Member Eugene Wolff City Council Absent: Mayor Jim Hill (excused) cnvor SEBASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 13, 2011 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Vice Mayor Wright called the meeting to order at 6:30 p.m. 2. Pastor Seth Goldsmith of the Coastal Community Church gave the invocation. 3. Council Member Gillmor 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 Airport Director, Joseph Griffin Building Director, Wayne Eseltine Finance Director, Ken Killgore Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Deputy Police Chief, Greg Witt Police Captain, Mike Beyer Public Works Director, Jerry Converse Parks Supervisor, Chris McCarthy MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members The City Manager requested that item 7c be removed for further consideration. There were no objections. Vice Mayor Wright said that Mr. Cardinale's certificate of appreciation would be presented at the April 27 meeting. Regular City Council Meeting April 13, 2011 Page Two 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. 11.020 A. Certificate of Appreciation to Charles Cardinale Planning and Zoning Commission Service This item was postponed to April 27 11.040 B. Certificate of Appreciation to Jim Morris and Chad Widup Construction Board Service Vice Mayor Wright presented a certificate to Christina Widup for Chad Widup. Mr. Morris was not in attendance. 11.047 C. Government Finance Officers Association Distinguished Budget Presentation Award Vice Mayor Wright announced that the City has received the GFOA Award and congratulated the Finance Department. Brief Announcements Mr. Wolff announced a Community Paper Shredding Day on Saturday, May 21, 2011 from 10 a.m. to 1 p.m. for the residents. Vice Mayor Wright announced the Chamber of Commerce Concert in the Park on Friday April 15 with the Mojo Medicine Band. 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 -20 A. Approval of Minutes March 23, 2011 11.048 B. Travel and Registration Authorization for Any Council Member Interested in 21 -24 Attending Advanced IEMO in Lake Mary on April 29 -30, 2011 (City Clerk Transmittal, Form, Agenda) 11.049 C. Award Bid to REP Serviccs in the Amount of $29,05 1.00 to Install a 28ft 25 48 Pavilion in East Riverview Park (Parks Transmittal, Bid Tabulation, Proposal Price From, References and Drawing} 11.050 D. Approval of Sebastian River Art Club's Show Dates and Rain Dates for 2011/ 49 -54 2012 at Riverview Park and 50% Fee Waiver (Parks Transmittal, Application, Club Information Brochure) Mr. Gillmor recused himself from the vote since two of the items involved him. (see voting conflict form attached) Regular City Council Meeting April 13, 2011 Page Three MOTION by Ms. Coy and SECOND by Mr. Wolff to approve consent agenda items A, B, and D. Result of roll call AYES: Coy, Wolff, Wright NAYS: None Passed 3 -0 (Hill absent, Gillmor abstained) 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. Vice Mayor Wright reported on the Indian River County Mayors' Meeting held on Monday, April 11 which included discussion of PEP reefs. He said at the June meeting there will be a presentation from the people involved in the reef installation from 15 years ago. 11.040 A. Construction Board 55 -70 (City Clerk transmittal, letters, code, applications, ad, list) 9. PUBLIC HEARINGS Interview, Unless Waived and Submit Nominations for Regular Member One Engineer or Architect Position with Term to Expire 9/30/12 ii. Interview, Unless Waived and Submit Nominations for One Regular Member Contractor Position with Term to Expire 9/30/12 If Necessary, Fill Alternate Member Position Mark Redden and Harry Berry were interviewed and expressed interest in serving as regular members. Ms. Heck was not in attendance. Ms. Coy nominated Mr. Redden and Ms. Heck to move into the regular member positions and Mr. Berry to fill one of the alternate positions. 11.025 A. Second Reading and Adoption Hearing of Ordinance No. 0 -11 -03 Flood 71 104 Prevention Set Public Hearing for April 13, 2011 (Building Dept. Transmittal, Report, 0- 11 -03, Community Assistance Contact Report) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING CHAPTER 46 OF THE CODE OF ORDINANCES IN ITS ENTIRETY AND ENACTING A NEW CHAPTER 46 RELATING TO FLOOD DAMAGE PREVENTION; REPEALING SECTIONS 54 -3 -12.15 THROUGH 54 -3- 12.17, INCLUSIVE, OF ARTICLE XII OF THE LAND DEVELOPMENT CODE, ENTITLED SURFACE WATER MANAGEMENT; REPEALING ARTICLE XIII OF THE LAND DEVELOPMENT CODE IN ITS ENTIRETY, ENTITLED FLOOD PROTECTION; AMENDING ARTICLE XXII OF THE LAND DEVELOPMENT CODE ENTITLED LANGUAGE AND DEFINITIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ Ad 3/29/11) The City Attorney read Ordinance No. 0 -11 -03 by title and Vice Mayor Wright opened the public hearing at 6:49 p.m. There was no public or Council input. Regular City Council Meeting April 13, 2011 Page Four MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve Ordinance 0- 11 -03. Result of roll call: AYES: Gillmor, Wolff, Coy, Wright NAYS: None Passed 4 -0 (Hill absent) 10. UNFINISHED BUSINESS None 11. PUBLIC INPUT James Geller discussed his issue with dogs barking in his neighborhood and said he can no longer get it resolved, had contacted City Hall, Animal Control, and both agencies thought maybe there was something Council could come up with, perhaps new regulations. He said it has taken him two years to resolve, and then it all started up again. Vice Mayor Wright asked when he contacted the City Manager and Chief, and Mr. Geller said he visited the dogs owner, then called Police who came out numerous times, and referred him to Animal Control. He said everyone has tried to resolve the issue, but it has been explained that there are laws that need to be changed. Mr. Wolff asked if he had a file on the situation, and Mr. Geller said there should be records on file with the agencies. Vice Mayor Wright asked the City Manager to look into it and report back to them as well as meet with the City Manager. Jay Kalish said the dogs were a nuisance, they bark all night long and he has been threatened by the dog owner. Harry Berry said his neighbor behind him has two pit bulls that are outside and bark. He went to the Police Department and they told him to go to Animal Control. Jim Sunnycalb wished Mayor Jim Hill a happy birthday; announced an Easter Event at LaPorte Farms to be held April 23 from 10 am to 3 pm with free admission noting more information may be obtained at laportefarms.com; announced on a sad note that Dave Humphrey of Ace Hardware passed away and friends and family could express their sympathy at the Church of Christ on Main Street on April 16 at 2 p.m. Damien Gilliams noted the Charter Review Committee will be recommending four year terms for Council and he hoped the public attends the public hearings on this matter as four years is too long to be stuck with someone; asked the programming be looked into for the City's Comcast channel 25 as the meetings were not rebroadcast one weekend; urged the City to go after some grant money that the County turned down for environmentally sensitive land; urged the checkbook be put on the internet; urged a 3 -5% reduction in the millage rate; said natural gas will be a thing in the future and we should put some gas lines in at the Airport; thanked Council for outsourcing janitorial employees; and he disagreed with the way Laconia Street was handled stating we should have received a 10 -20% reduction in price for the patched up road. Regular City Council Meeting April 13, 2011 Page Five 12. NEW BUSINESS 11.051 A. Resolution No. R -11 -09 FDOT Airport Grant for Cameras (Airport Transmittal, 105 -137 JPA) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FDOT TO PROVIDE FUNDING FOR SECURITY CAMERAS AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. THIS DOCUMENT CONTAINS TWO PAGES. The Airport Director briefly described the grant to provide security cameras and recommended approval. MOTION by Ms. Coy and SECOND by Mr. Wolff to approve Resolution No. R -11 -09 There was no public input. Ms. Coy thanked the Director for procuring the 100% grant. Result of roll call: AYES: Wolff, Wright, Coy, Gillmor NAYS: None Passed 4 -0 (Hill absent) 11.009 B. Award Powerline Road Agreement to T. Rose Construction in the Amount of 139 -193 $1,143,887.39 and Authorize the City Manager to Execute the Agreement Within Code Parameters Up To A Proiect Amount of $953,239.49 and Transfer $61,000 from Recreation Impact Fees to Pay For the Sidewalk/Bike Path as Part of the Indian River County Blue Way /Green Way Trails (City Manager Transmittal, Tab Sheet, Letter, Agreement) The City Manager said nine competitive bids were received and there was about $941,000 left for construction. He said the City is $10,000 short noting the contract includes a $61,000 sidewalk for which he would like to use recreational impact fees because it will be part of the blueway /greenway trail. MOTION by Ms. Coy and SECOND by Mr. Gillmor to award the agreement to T. Rose Construction and authorize City Manager to execute, including the $61,000 transfer from recreation impact fees to pay for the sidewalk/bikepath. Damien Gilliams, 1623 US 1, said he had a hard time with transferring $61,000 from the recreation fund to do a sidewalk and noted the engineering services was 20% of the job which was on the high side and asked to keep future costs in check. 7:15 pm Mr. Wolff asked if are there other examples of recreation fees used for sidewalks. The City Manager said no, sidewalk funding in the past has come from DST and local option gas taxes. He explained while the Easy Street sidewalk with recessed lighting hasn't been funded, it has been validated as a legitimate project, and staff realized sidewalks could be considered recreational allowing payment from recreational funds. Mr. Wolff asked if we had learned from our past involvement in big projects; and whether staff has made any changes to the construction services agreement to protect us from circumstances that might arise as those in the Laconia project. Regular City Council Meeting April 13, 2011 Page Six The City Manager said the short answer is no but there are some circumstances that are different, that in using two different contractors to get more bang for the buck for Laconia Street, it was hard to cross check the base renourishment and the base paving, we did not use an outside inspector service, and the past Public Works personnel kept eyes on our projects but staff has been trimmed. He said with Powerline Road is one contractor, they have contracted a $6000 fee for Masteller inspectors to watch the critical points of construction, and we asked for a better quality of asphalt. Ms. Coy asked the City Attorney if he was comfortable using recreation fees. The City Attorney said yes, the combination of bike paths, and the IRC blue way trail bought the appropriation within the appropriate range. The City Manager added the importance of the blue way trail has been discussed with the Parks and Recreation Committee who believed in the trail. Mr. Wolff asked if was envisioned that it could be built without a sidewalk. The City Manager said he wouldn't recommend it because of the pedestrian traffic especially with the Sebastian elementary kids and the blueway /greenway trail. He noted one side was eliminated; the east side will have the sidewalk paid equally from all recreation zones. Vice Mayor Wright said he did understand that he talked to Parks and Recreation but it would be appropriate for him to make a thorough presentation to them to sign off the appropriation and he would have preferred if they were approached prior to tonight's presentation. The City Manager said they meet once a month, he wanted to follow the time line to stay away from the school year but would make a presentation to them. Mr. Wolff said in the past we have had projects involving roads where we discovered culverts that needed to be addressed and asked that from an engineering prospect, if Mr. Moler thought there was anything that could develop or are things straightforward. Steve Moler, P.E. Vice President, Masteller Moler, said he understands the corridor very well, they have designed around the pipe from School Board lake and the Ashbury control center, and there should not be any problems. Result of roll call: AYES: Wright, Coy, Gillmor, Wolff NAYS: None Passed 4 -0 (Hill absent) 11.038 C. Award Potomac Drainage Construction Agreement to Sheltra Son in the Amount 195 -255 of $88,346 with an Appropriation of $33,000 from the DST Fund (City Manager Transmittal, Schlitt Letter, Agreement) The City Manager stated Council awarded this contract to Schlitt at the last meeting but they have since asked to be released due to incomplete insurance requirements and workers comp issues, so he moved to the next bidder, Sheltra Sons whose bid is a little more, requiring an appropriation of $33,000 from the DST fund. MOTION by Mr. Gillmor and SECOND by Mr. Wolff There was no public input. Regular City Council Meeting April 13, 2011 Page Seven Result of roll call: AYES: Coy, Gillmor, Wolff, Wright NAYS: None 4 -0 (Hill absent) 11.052 D. Resolution No. R -11 -10 Auditor Selection Procedures RFP Per State Guidelines 257 -295 (Administrative Services Transmittal, R- 11 -10, F.S.218) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ESTABLISHING AUDIT FIRM SELECTION PROCEDURES IN ACCORDANCE WITH 218.391 FLORIDA STATUTES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. The Finance Director said they were asking to establish procedures for choosing an audit firm, noting the last firm had two extensions and ended up giving the City a discount. MOTION by Ms. Coy and SECOND by Mr. Wolff to approve Resolution No. R -11 -10 auditor selection procedures per State guidelines. Damien Gilliams said staff did a good job in negotiating a discount for the two year extensions; he asked how the RFP would be advertised as the more firms that submitted bids would reduce the cost to the City. Vice Mayor Wright asked how the City would be advertising. The Finance Director said the resolution does require newspaper advertising and an ad would be placed in TCPaIm. Vice Mayor Wright said he would like it to reach more than Indian River County and he wasn't sure the local paper would do that. The City Manager said staff will have it on -line and could advertise in an Orlando paper as well. Ms. Coy reminded them that other bids have come in from all over the State and they have made a commitment to look at local contractors. Mr. Wolff asked how much money we saved when the last firm gave us a discount. The Finance Director said it was a 5% reduction. Mr. Wolff asked how much he would hope to negotiate down. The Finance Director responded the price is only part of the evaluation process. Mr. Gillmor confirmed the last firm could bid again. Result of roll call: AYES: Gillmor, Wolff, Wright, Coy NAYS: None Passed 4 -0 (Hill absent) Vice Mayor Wright called for a recess at 7:47 p.m. and reconvened the meeting at 7:57 p.m. All members were present. 11.053 E. CavCorp Parking Update (City Manager Transmittal, Concepts) 297 -300 The City Manager said he was looking for feedback on the two concepts included in the agenda packet. Regular City Council Meeting April 13, 2011 Page Eight Public Input Damien Gilliams said concept 1 with the egress /ingress off Indian River Drive would be looking for problems; and concept 2 is better to have the traffic on the side streets. Ben Hocker, Sebastian, said he is a horrible boat backer -upper and likes to pull through parking spaces so he hoped there might be a different alternative than backing out boat trailers. Mr. Gillmor distributed and displayed an additional concept and said his biggest problem with the concept is losing the specimen oak tree that is cost prohibitive to move; he noticed most people access the park from Sebastian Blvd. so angled parking by Hess would not work. He recalled a 2003 concept showing 60/40% boat/car parking and said he would like to see that percentage maintained as Brevard's new boat ramp has taken some heat off of the City. Ms. Coy agreed with Mr. Gillmor, was not happy with concept 1, adding we need to make sure what is going to happen on festival days because these lots are critical during those events, and concept 2 has merit with modifications. Mr. Wolff agreed with Mr. Gillmor and Ms. Coy's comments; said $4.00 gasoline is playing a role in the population of boats they are not seeing, said concept 1 doesn't seem to work at any level and suggested another concept to compare against concept 2, and said it would be nice to have it in place by the time season arrives. The City Manager said with lessons learned from Main Street/Indian River Drive, the concept /design phase, and regulatory process will take some time getting it bid by season, but to get it constructed by then is a huge task, and it is more realistic to have it constructed by season 2012. Vice Mayor Wright suggested car parking on the west side /edge of the lot; angled parking on both sides of Coolidge which would substantially increase the number of car parking spaces; and have the trailer spaces be multiple use. Ms. Coy said they should definitely think of a plan for when they put four cars in a trailer space during festivals. 11.054 F. Commercial District Signs and Political Signs (Charter Officer Transmittal, 301 -308 Ordinance 0- 08 -07, LDC Political Sign Provision, Waiver Motions) 8:21 pm Mr. Gillmor said his concern was the sign ordinance doesn't seem to prevent tacky signs from going up; he realized sandwich board signs allowed in 2008 are needed during tough times, grand opening signs are needed; but Sebastian is a special place and we need to readdress the issue and come up with a new plan. Mr. Wolff said he has seen a sign creep over time, that people were relieved with a relaxation, but more and more things have cropped up, for example, a gas station with franchise gets posters and they put it out by the gas pumps, others are putting out handcrafted signs. He said for the business community, they understand you have to have the right impact and all the other signs amount to clutter and it becomes invisible. Ms. Coy said that is case as you come up to the Village shops, and she too has received complaints, and it has reached the point where we need to do something. Regular City Council Meeting April 13, 2011 Page Nine Vice Mayor Wright confirmed that Ordinance 0 -08 -07 was expired, noted some parts are still appropriate today and asked if Council wanted to go back to where they were before with no sandwich signs or control the signs a little bit better. He said the businesses are spending some time and money because they believe the signs are attracting customers to their businesses, but is hearing people don't want home -made, tacky signs. Ms. Coy said business owners were present to speak; she would not mind tabling this for another meeting; but we need to do something, liked the guidelines that were established, or we could contact the Chamber to bring more people in for input. The City Manager said staff was in a dilemma; he suggested tasking the Growth Management Director to go through the ordinance and tighten up what is permitted and not permitted, bring back a draft ordinance at the next meeting, contact the Chamber, instruct code enforcement officers to get rid of some of those signs, receive feedback from the business community on what they need and what needs to go. Mr. Wolff said he couldn't agree with that approach, people will get upset and confused; it would make more sense to bring back a draft and at that point start to enforce and educate what is allowed. The City Manager said it wouldn't work because people will call stating they are upset with the enforcement of the code. He said during the next two weeks code enforcement could contact the community and give Council feedback. Public Input Jim Leeseman, About Storage, said their sign is on the Airport sign which is barely visible, the Australian pine clearing has helped storefront visibility, but they depend on drop -in business. He said if some of the conservation easement was cleared, traffic could see them before they drive by. Damien Gilliams, 1623 US1, said the agenda title is confusing because it includes political signs; he didn't think the ordinance needs to be changed; businesses are going to be cutting; and the political signs are freedom of speech which can't be regulated. Bruce Zingman said there used to be 100 foot buffer on Roseland Road and now it is 50 foot. He noted people will complain if more of the area is cleared. Vice Mayor Wright said he would like code enforcement to educate the businesses at this point. Ms. Coy said this is a fair compromise; give them an opportunity to voice their opinion at the upcoming meeting. Ms. Coy said that is a fair compromise, that people should come voice their opinions, and suggested Code Enforcement visit the businesses, tell them their signs may not be in compliance and tell them when the meeting will be. Mr. Wolff said it needs to be clear we are not opposed to signs, but it's the quality and the presentation that will bring in customers. Mr. Gillmor suggested re- upping the expired ordinance and allowing 60 days for a grand opening sign. Vice Mayor Wright said he liked the suggestion to look at the ordinance again in two weeks, give warnings to folks, and seek input from the business community. Regular City April 13, 201 Page Ten 8:55 pm Council Meeting 1 Political Signs There was no public input regarding political signs. Ms. Coy said she feels the need to reaffirm the commitment to what was in place, it is not a violation of freedom of speech, and enforce it. Vice Mayor Wright said he never understood the waiver and asked the City Attorney to comment. The City Attorney said the first waiver was done in 2008 prior to election and extended in 2009 where he mentioned he would look at the law as it was developing across the country. He said freedom of speech is the highest protected type of speech but regulations for time, place, and manner are permitted. He said he was provided regulations for nine municipalities by the Clerk, Sebastian provides for 30 days prior and five days after which is the strictest of the nine. He said he did not want to suggest a waiver for this year, citing that consideration of clutter and aesthetics deserve recognition particularly when Council has enacted the code on circle page 308. He said if Council wished him to prepare another ordinance that is another issue. Vice Mayor Wright asked if the Sebastian's restrictive ordinance constitutes a violation of freedom of speech. The City Attorney said these issues are very difficult legally, he recognizes the rights the Courts place on freedom of speech and he knows how difficult it is to prevail but they do allow local governments to address issues like this; he would be more comfortable enforcing an adopted ordinance than suggesting waivers, which is a change from his 2009 view because a waiver is not an effective tool to establish policy contrary to the ordinance. He said other communities have their ordinances and Council could place their ordinance in line with the other communities. Vice Mayor Wright asked if the ordinance is in place as it stands. The City Attorney said the ordinance is in place as it stands. Ms. Coy said should would like to make sure what is on circle page 308 is enforceable tonight. Mr. Wolff said when the local election fell in sync with the County they would not enforce the removal of signs and that might have been what started this. Vice Mayor Wright clarified that would include federal, state and local races. The City Attorney said that is correct. Mr. Wolff asked if he wanted to put sign up that says, "Free Tibet," where does he stand. The City Attorney said that is freedom of speech and not tied to an election. 11.055 G. Developer's Construction Agreement Between Capt'n Butcher, Inc. and City of 309 -323 Sebastian Jackson Street Extension Project (Agreement, Landscape Plan Excerpt) 9 :07 pm Ms. Coy said she wondered how many trucks can fit in a parking lot at one time and suggested listening to the City Attorney's explanation. Regular City Council Meeting April 13, 2011 Page Eleven Public Input Damien Gilliams, 1623 US Highway 1, said he gave Mr. Adams a lot of credit for selling the Jackson Street right -of -way for $200,000 plus $123,000 for the parking to the City. Ms. Coy called for a point of order. Mr. Gilliams said Mr. Adams has an unlimited time to build the Jackson Street units; he didn't see exhibits a and b along with the right to modify the agreement; we could send a letter to Mr. Adams to ask him to remove the vehicles. He urged Council not to purchase any more right -of -way. Vice Mayor Wright said he would like to get the City Attorney view on the City's rights and Mr. Adam's rights. The City Attorney said they were talking about the trucks parked on the sides of road, he has been told the road is blocked and he wanted to begin by saying no person has a right to block a public thoroughfare so the police are authorized to ticket. He said the trucks are parked on private property and it was true those spaces would be dedicated to the development if it got built. He pointed out the attached document in the packet was the landscape plan which made the right -of -way clear for discussion. He said the spaces in the center are owned by the City and do not count for the development, the development has not been constructed, the trucks are parked in private parking areas, and they are not taking away public parking. He went on to say there are any number of developments that were proposed a decade ago or even five /six years ago that would probably need modification before development takes place and he thought Council will have an opportunity to look at severe modification to this plan when things turn around for this project. Ms. Coy said if Mr. Adams put in the roadway and drainage improvement which started the development, then stopped, if that changed the permit time frame. The City Attorney said this is not typical circumstance, the property was transferred, improvements the City wanted were constructed, the corridor connection was constructed, the City acquired parking spaces, you wouldn't have succeeded in taking property for spaces because the recent parking study shows there is plenty parking in the area. He said he believed it to be more than the standard development. He said trucks are parked on private property on spaces not needed for development but in the future, those spaces would have to be available. Ms. Coy said trucks are not allowed to park in any other area of the City. Vice Mayor Wright said the trucks are for marina and fishing business, and may be there in perpetuity. In response to Vice Mayor Wright, the City Attorney said it did not change his opinion if the trucks are not parking anywhere else in the City. Mr. Wolff said this is private property that was improved but does not represent the start to the town homes. The City Attorney said that was correct. Mr. Wolff said there is nothing we can do because it is private property and he accepted the City Attorney's opinion. Regular City Council Meeting April 13, 2011 Page Twelve 13. CITY ATTORNEY MATTERS 9:31 pm The City Attorney said Indian River County will be considering a lengthy pill mill ordinance that will have county -wide application except to the extent of a conflicting municipal ordinance, which in that case, the city ordinance would be given more weight. He said the business tax feature is similar to ours in that the State legislature is considering prohibiting or temporarily suspending licenses and if it is passed, he said he would bring it before Council for another look to see if their ordinance should replace ours. 14. CITY MANAGER MATTERS Beach Cove The City Manager said the County is entertaining a site plan expansion for Beach Cove Mobile Home Park which includes their storm water emptying into our drainage system. He said it may be a reasonable plan but the City should have the opportunity to respond to ditch maintenance, their participation in the storm water fee, and review of storm calculations. He advised if we don't get involved, St. Johns River Water Management District will think we are amenable but it will take away from our system's capacity in turn affecting flood maps, homeowner insurance, and future expansion of our capacity. He said he has submitted a letter expressing our concern, requesting review at their expense and reserving our right to say they can't drain into our system or perhaps they should make some kind of accommodation to the City. Ocean Concrete The City Manager said the Court ordered the County to extend the site plan review process and Ocean Concrete has submitted a plan that addressed all County concerns, the County is anticipating submitting staff approval by end of the week and he asked that Council contact him if they are concerned as we have 30 days to formulate an appeal. He explained the County argued they may have not properly allowed the extension of the site plan but they reserved the right not to be judged on the vested right issue which centered around if Ocean Concrete had the right to develop after the County changed the zoning classification in that area. He said Council may want to submit a protest on the site plan after County Attorney Polackwich issues a vested rights opinion and he will work with the Growth Management Director on reasonable appeal points regarding north egress /ingress on Old Dixie Highway and the industrial /residential mix of use. Ms. Coy asked him to include consideration of the trains blocking our intersections as they slow down to stop. Mr. Wright said he was amazed the County is moving ahead without improvement to the north side as truck drivers will affect the intersection. The City Manager agreed the transportation issue is solid grounds for an argument and noted the County did look at that and based on precedent, determined one egress /ingress to the south would be sufficient. Regular City Council Meeting April 13, 2011 Page Thirteen m Hill, Mayor ATT T: He said he would bring the staff review to Council before submitting it to the County. Laconia Project The City Manager said the Laconia project is done and the City is obligated to pay the full amount to APAC, noted the specifications did not limit the number of seams, we have a structural street, and it will be painted within two weeks. He said half of the $1.2 M resurfacing note has been spent, staff is working on the Presidential streets, but before making more improvements, he would like to rebid the contract so that is a single source contractor. 15. CITY CLERK MATTERS none. 16. CITY COUNCIL MATTERS A. Council Member Coy wished everyone a Happy Passover and Easter. B. Council Member Gillmor none. C. Council Member Wolff asked if the rebroadcast schedule has changed. The City Manager said the staff person was out that week so the programming did not get prepped and it wouldn't happen again. D. Mayor Hill absent. E. Vice Mayor Wright none. 17. Being no further business, Vice Mayor Wright adjourned the regular meeting at 9:50 p.m. Approved at the April 27, 2011 Regular City Council meeting. Sally A. 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Public input on other items on the written agenda does not require sign up. For those items you will be recognized by raising your hand. Name: ,J>9t ����F` Address /Phone (optional) y, y Ci k/R E 8J/ Sc 69.5ri, f 9'S f" 172 /5 2 7 2 S ubject: /o��� Name: Address /Phone (optional) Subject: Name: Address /Phone (optional) Subject: Name: Address /Phone (optional) Subject: Name: Address /Phone (optional) Subject: Name: Address /Phone (optional) Subject: Name: Address /Phone (optional) Subject: Name: Address /Phone (optional) Subject: Name: Address /Phone (optional) Subject: Name: Address /Phone (optional) Subject: FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME,-FIRST NAME-MIDDLE NAME 19 //Molt 4 n r r S� 43 C NA ME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE CO j tt- a CNC 4.. MAILING ADDRESS 7 ij K` o c eL e 7 THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY D COUNTY OTHER LOCAL AGENCY CITY b ,5 4� COUNTY Tt-C r N OF POLITICAL SUBDIVISION: Cl1-y0r5' -_S 1« DATE ON WHICH yOTE OC URRED 3 I MY POSITION IS: ELECTIVE 0 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. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, /Ce t/i G ;1 hereby disclose that on 3 20 4 -13 -11 Date Filed Signature (a) A measure came or will come before my agency which (check one) _inured to my special private gain or Toss; 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 whom I am retained; or inured to the special gain or loss of 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: by which Pm t I L Ce c 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