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HomeMy WebLinkAbout07132011E BASTIgN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 13, 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. There was a moment of silence. 3. The Pledge of Allegiance was led by Council Member Gillmor. 4. ROLL CALL City Council Present Mayor Jim Hill Vice -Mayor Don Wright Council Member Andrea Coy Council Member Richard H. Gillmor Council Member Eugene Wolff Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Manager, Jan King Police Chief, Michelle Morris Parks Supervisor, Chris McCarthy MIS Senior Systems Analyst, Barbara Brooke -Reese AGENDA MODIFICATIONS None. 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. 7 A. Proclamation — Treasure Coast Waterway Cleanup Day — July 23`d, 2011 — Accepted by Steve Haigis Mayor Hill read and presented the proclamation to Steve Haigis and Officer Snook, the Indian River County mascot. Mr. Haigis invited the public to join the waterway cleanup effort. Regular City Council Meeting July 13, 2011 Page Two 8 -15 B. Commendations Presented by Police Department Sergeant Robinson to Corporal Richie Revis, Officer Bill Jursik, Corporal Ken Johnson, Canine Officer Brian Reimsnvder Sergeant Theo Robinson commended Corporals Revis and Johnson, and Officers Jursik and Reimsnyder for their efforts in arrests for a rash of recent burglaries. Chief Morris noted Officer Reimsnyder could not be in attendance and added her congratulations for their efforts. 16 -19 C. Presentation of FEMA Plaque — Outstanding Performance in National Flood Insurance Program Community Rating System — Growth Management Manager Accepting Mayor Hill cited the work of the Growth Management Manager, Jan King as well as Growth Management Department staff Dorri Bosworth and Margie Reynolds in attaining the FEMA Outstanding Performance in the National Flood Insurance Program Community Rating System and presented the plaque to her. 20 -23 D. Proclamation - Recognition of Park Place, Sebastian Award for Manufactured Housing Institute (MHI) "Community of the Year 2011 (South)" (Proclamation Narrative) Mayor Hill read and presented the proclamation to Ted Pankewicz, Community Manager of Park Place and several Park Place residents, citing the beauty of the community. 24 E. Go -Line Presentation by IRC Senior Resources Director, Karen Deigl and Staff Director, IRC MPO Phil Matson (City Manager Transmittal) Phil Matson, MPO Director, gave a PowerPoint presentation (see attached) on the Go -Line transit system citing a 157% increase in ridership in Indian River County since 2007, noting the greatest increase in the Sebastian area. He showed a comparison of the impact of federal and state funding with and without a local fund match and warned of a reduction of service without the match. Karen Deigl, CEO Senior Resources, described existing and planned transit improvements. She said Sebastian's contribution for the last two years had really made a difference, explained this is an expansion grant that pays for the continuation of hours of service, and discussed the idea of expanding service to all holidays except Thanksgiving and Christmas day, adding Saturday service, and in the long term going to 7 am to 7 pm. She requested that Sebastian continue its partnership for a local match of $50,000 for the next three years. She said she had already received an informal commitment from Fellsmere, and will meet with individual Vero Beach Council members tomorrow. Ms. Coy expressed concern that Sebastian participates with Fellsmere in the match and asked why Vero Beach does not participate, and she would like to withhold action until we find out why, since they have most of the service there and shelters. Ms. Deigl said they have one shelter and potentially one more but they are Part 24 funded. 2 Regular City Council Meeting July 13, 2011 Page Three Ms. Coy recommended formally agendizing this matter for further discussion and an answer from Senior Resources as to Vero Beach's intentions, noting Fellsmere also has concerns. Mayor Hill agreed but expressed concern that service would be reduced without the match. Ms. Deigl said without the match they not get grant funding and noted this is a countywide system. Mayor Hill said the question is not whether the system is needed but why Vero Beach has not contributed and asked when they were last approached. Ms. Deigl said she approached the old city council, said the new council is pro transit, Vero Beach is providing a piece of land for the hub, and this will be first time the new council is asked. Mr. Wolff said he shared Sebastian representation on the MPO with Mr. Wright and at the last meeting he raised a question to Commissioner Solari as to whether he could use his influence with Vero Beach and that Vero Beach Council Member Craig Fletcher seemed to be open to the suggestion. He said he did not want to predicate the City's support on whether Vero Beach participates or not, because our seniors rely on the system to get around the county and it's important not to lose grant dollars. Mr. Wright asked for the time frame on the grant and Ms. Deigl said the grant goes into effect on October 1s` and they would need Sebastian's commitment within the next month. Mr. Wright then asked at what point do they do something different so the costs don't continue to come back to taxpayers. Ms. Deigl said advertising programs go back to local funding, discussed putting fares on and said they do scenarios on an annual basis to figure out where we break even. She said what happens with the state with regard to redistricting could affect funding, and noted as a rural area we are very fortunate with the dollars we are receiving. Mr. Wright said his concern is due to the public expectation that this program will be in place forever, and in these economic times match funding will be increasingly difficult for cities as costs increase and other funding dries up. He said the program should be run on a basis that it can be sustained on its own and not based on City funding. Mr. Matson reminded them we have expensive roadway projects, noting each Go -Line bus takes 25 cars off the road and helps maintain a lifestyle in the community. Mr. Wolff asked why we don't have a rider fee and Mr. Matson responded it was based on federal laws which require electronic fare boxes, audits, cash counting monitoring, etc, which the County is not presently set up for. Mr. Gillmor said they are doing a wonderful job for Sebastian, each ride is costing $.49, we'd love to have Vero Beach participate, but we owe it to Sebastian folks that use the Go -Line to continue funding. Mayor Hill agreed and thought it important to have a discussion as to why Vero Beach is not participating, but it should not be predicated on their support. He asked the City Manager where we could we get these funds. 3 Regular City Council Meeting July 13, 2011 Page Four The City Manager said local option gas tax revenues are dwindling, and suggested, since the City Council will look at the CPI at its August 10th meeting and we can then determine where we are, Council can take formal action on August 24th on this request. Ms. Coy said that will give us time to leverage the additional one cent with the County. The City Manager said if the County sought the additional one cent and shared it, it would provide approximately $160,000 which we could provide to Go -Line and also do some street repairs. He noted, however, any ordinance for the additional tax had to be adopted by July 1 so we missed it for calendar 2012, but could move forward to request it for the next year. He said it is still up to the County, if they collect it, whether they share it with the municipalities. It was the consensus of Council to move forward with the schedule recommended by the City Manager. Brief Announcements Mayor Hill read a letter from the Lions Clubs thanking the City for sponsoring the 4th of July celebration, and then he congratulated the Lions Club for all they do for the City, as well as City staff, noting how special an occasion it is. Mr. Gillmor reported on his attendance at the County Commission meeting yesterday at which they discussed proposed redistricting, noting one proposed clause which would have put municipalities within one single district was dropped after he addressed them. 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 pfior to start of the meeting or by raising his/her hand to be recognized. 25 -38 A. Approval of Minutes — 6/22/11 Regular Meeting 39 -40 B. Relocate Approved Sebastian Charter Junior High School Benefit Latin Music and Food Festival from Riverview Park to Sebastian Airport East on October 8, 2011 from 11 am to 8 pm with Same Approvals (Parks Transmittal, 6/8/11 Motions) 41-42 C. Resolution No. R -11 -14 — In Support of FDOT Permit for US 1 Improvements (City Manager Transmittal, R- 11 -14) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING INTENT TO DESIGN AESTHETIC, LANDSCAPE AND RELATED IMPROVEMENTS TO THE US 1 CORRIDOR WITHIN CITY LIMITS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 43 -44 D. Authorize Mayor to Execute JAG Funds Letter to Office of Criminal Justice Grants — Department of Law Enforcement (PD Transmittal, Letter) Mr. Wolff pulled item 7B. 4 Regular City Council Meeting July 13, 2011 Page Five MOTION by Ms. Coy and SECOND by Mr. Wolff to approve consent agenda items A, C, and D. Result of the roll call: AYES: All NAYS: None Passed 5 -0 Item 7B Mr. Wolff asked Mr. Rivera what the genesis of this change was and how it would be operated at the airport. Mr. Rivera said it would be the same approvals but new location, and would include aviation and skydiving, antique automobiles and motorcycles. The City Manager explained that Council had a significant deliberation on the event, this ties into a later item on the agenda in regard to alcohol use in parks, said Ms. Coy had made the suggestion and discussion followed with Mr. Rivera, the Airport Director and himself to utilize the airport, noted the Airport Director is comfortable with this type of event, as previously approved, being covered by the Airport Guiding Documents. Mr. Wolff said we had quite an emotional debate and Mr. Rivera was adamant it had to take place at the park, and we spoke about a corral for the consumption of alcohol and asked how that would happen at the Airport, also noting the spinoff business to other businesses will be different if it is held at the Airport. Mr. Rivera said he was at first apprehensive, but after meeting with LoPresti and tying it together with other activities, realized it will be good for economic development, will be free to the community and could be more successful, it won't have parking issues, and said the entire event will be corralled. The Airport Director said the grand opening of the hangar is a significant event, so this will play into a very nice showcase for the Airport as well. Mayor Hill asked about the corralling and controlling of alcohol sales. The Airport Director said we could look at it as the whole place being corralled by a temporary fence, or consider restricting alcohol to the hangar, stating the subcommittee will actually work it out utilizing an arm band, with proper I.Ds. He said we can turn this into a community event. Mr. Wright said he was pleased when he read this, we do have greater parking there and it is a great opportunity to use the Airport. Damien Gilliams, 1623 US 1, said it was a great idea, redirecting traffic from an area that we need to generate business; is good for the community, shows leadership and shows how to use city assets to their fullest ability. He suggested a real stage be built where we can invite big names like Gloria Estefan to give concerts, and suggested they needed a site plan. 5 Regular City Council Meeting July 13, 2011 Page Six Ms. Coy said this came about because of the issue of parking, she could envision this getting very big and was very grateful that Mr. Rivera agreed to meet and discuss using the Airport. Mr. Wright said he would appreciate follow up. Mr. Gillmor said he thought this a better venue than the park, however his objection is to the alcohol and his vote will stay the same. Mr. Wolff said he wanted to make sure Mr. Rivera and Council were happy with the change. Mr. Rivera said there was a pro- active process to get here, noting the Airport Director brought the idea to him. MOTION by Ms. Coy and SECOND by Mr. Wright carried with a voice vote of 4 -1 (Gillmor voting nay). 8. COMMITTEE REPORTS & APPOINTMENTS — None. 9. PUBLIC HEARINGS 45 -54 A. Second Reading and Public Hearing for Final Enactment of Ordinance No. 0 -11 -04 - Signage and Advertisement (City Manager Transmittal, 0 -11 -04 as Amended and Provided on 6/22/11 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING ARTICLE XVI OF THE LAND DEVELOPMENT CODE REGARDING SANDWICH BOARD SIGNS, GRAND OPENING SIGNS, TEMPORARY SIGNS, AND FEATHER FLAGS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. (1st Reading 6/22/11, PJ AD 6/28/11) The City Attorney read the title of Ordinance No. 0- 11 -04. The City Manager briefly went over the changes directed by Council as were presented at the June 22od regular meeting for review prior to this public hearing. Mayor Hill opened the public hearing. Damien Gilliams, 1623 US 1, inquired about two of the provisions, and said Council was being selective and should treat businesses on 512 and Indian River Drive the same and certain violation penalties were too strict. Mayor Hill said this ordinance is actually loosening the sign code considerably. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve 0- 11 -04. Mr. Wolff asked about the regulation of American and country flags. The Growth Management Manager said elsewhere in the LDC there is a provision that flags representing country, state, military service, etc. are permitted to be flown, but other flags such as "open" or "shop here" are not permitted. Mr. Wright said we have worked hard on this and are not restricting but expanding uses; it is designed to help businesses and replaces an expired ordinance. He commended Growth Management staff for their work on this. The City Manager explained that on 512 sandwich board signs can only be placed between the sidewalk and the business, not the sidewalk and the road. 6 Regular City Council Meeting July 13, 2011 Page Seven Result of the roll call: AYES: All NAYS: None Passed 5 -0. Mayor Hill recessed the meeting at 7:57 p.m. and reconvened the meeting at 8:12 p.m. All members were present. B. Second Reading and Public Hearing for Final Enactment of Proposed Charter Amendment Ordinances 0 -11 -07 through 0 -11 -14 (City Attorney Transmittal, 0- 11 -07, 0- 11 -08, 0 -11 -09 (Amended), 0 -11 -10 (Amended), 0 -11 -11 0 -11 -12 0- 11 -13, 0- 11 -14, FS Recall Provision} The City Attorney read the titles for Ordinances 0 -11 -07 through 0- 11 -14. Mayor Hill called for public input on all ordinances. Bob Zomok, Charter Review Committee member, said the rationale for term limits was fear and if you go to the Internet and type in "term limits" there is a plethora of information. He cited two Internet articles supporting term limits and noted many of Sebastian's charter provisions are as set out in the National Civic League's model charter. He thanked Council for the opportunity to serve on the Committee and thanked staff for their support. Michael Goodfellow, Lakeview Drive, said he had sent an e-mail expressing his concern that Council not remove recommendations from the Committee but rather let voters decide. He said he heard back from Ms. Coy and Mayor Hill. He expressed concern about removing the tie vote issue and term limits. Damien Gilliams said this hearing was not being run properly, that Council should take input on each ordinance individually and this was a violation of statutes and due process. Mayor Hill said he spoke with the City Attorney on this procedure, and had extended Mr. Zomok's time considerably. Mr. Gillmor said the Charter Committee meetings were conducted in the sunshine and open to the public, and not many people showed up. Mayor Hill said these are important documents and we are asking the voters if they want to make changes and Council's job is what to put before the voters. There was no further input. 61 -65 i. Ordinance No. 0 -11 -07 — Charter Amendment 1.02 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN THE QUESTION OF WHETHER TO AMEND THE CITY CHARTER TO DELETE REFERENCES TO "POOR HOUSES ", "DAIRIES" AND "SLAUGHTER HOUSES ", PROVIDING BALLOT LANGUAGE AND AN EFFECTIVE DATE. (15t Reading 6/22/11, PJ AD 629/11) MOTION Mr. Gillmor and SECOND by Mr. Wright to approve Ordinance 0- 11 -07. 7 Regular City Council Meeting July 13, 2011 Page Eight Result of Roll Call: Ayes: All Nays: None Passed 5 -0 66 -68 ii. Ordinance No. 0 -11 -08 — Charter Amendment 4.07 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN THE QUESTION OF WHETHER TO AMEND THE CITY CHARTER BY REPEALING IN ITS ENTIRETY SECTION 4.07 RELATING TO THE MANNER IN WHICH ELECTIONS ARE TO BE CALLED AND HELD PROVIDING BALLOT LANGUAGE AND AN EFFECTIVE DATE. (1" Reading 6/22/11, PJ AD 6/29/11) MOTION by Mr. Wright and SECOND by Ms. Coy to approve Ordinance No. 0- 11 -08. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 69 -72 iii. Ordinance No. 0 -11 -09 (Amended) — Charter Amendment 2.08 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN THE QUESTION OF WHETHER TO AMEND SECTION 2.08 OF THE CITY CHARTER, PROVIDING FOR FILLING VACANCIES ON THE CITY COUNCIL, PROVIDING BALLOT LANGUAGE AND AN EFFECTIVE DATE. (1" Reading 6/22/11, PJ AD 6/29/11) MOTION by Ms. Coy and SECOND by Mr. Wright to approve Ordinance No. 0- 11 -09. Mr. Wolff said he felt it was self serving for Council to appoint a person if there is less than six months to go, because it allows for cronyism and special interest. He said in the case of a tie vote, he thought if the electorate is saying there are two qualified candidates, at that point to draw a straw would be proper because another election boils down to chance anyway. Mayor Hill said it is already in the Charter that Council fills vacancies and this gives a time frame for that to happen. Mr. Gillmor said it makes sense to look at people who just ran but if it was three years after the fact, it would be iffy. Result of the roll call: AYES: Coy, Gillmor, Hill, Wright NAYS: Wolff Passed 4 -1 8 Regular City Council Meeting July 13, 2011 Page Nine 73 -75 iv. Ordinance No. 0 -11 -10 (Amended) — Charter Amendment 2.03, 2.04 and 4.12(a) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN THE QUESTION OF WHETHER TO AMEND SECTION 2.03, SECTION 2.04, AND SECTION 4.12(a) OF THE CITY CHARTER BY CONDUCTING ELECTIONS IN EVEN NUMBERED YEARS AND PROVIDE FOUR -YEAR TERMS FOR CITY COUNCIL MEMBERS; PROVIDING BALLOT LANGUAGE AND AN EFFECTIVE DATE. (1s1 Reading 6/22/11, PJ AD 6/29/11) MOTION by Mayor Hill and SECOND by Mr. Wright to approve Ordinance No. 0- 11 -10. Ms. Coy said there was merit to what was brought before us, she would have no problem putting term limits back into four year terms, and give the public an opportunity to vote. Mr. Wright said he was not in favor of term limits but if returned it should be a separate issue. He said it is Council's role to modify, change, approve or disapprove and to say we are not following procedures by not accepting what was provided is inappropriate. He said Council has been making efforts to move forward and have been very accommodating in approving recommendations. Mr. Gillmor agreed Council cannot link the two issues and get a good result. Mr. Wolff shared disappointment that nobody showed up at the Charter Review meetings, that minutes reflected there was no question when it came to two and four year terms and it was a split vote, but when the prospect of term limits came up the majority moved it forward, so it is disingenuous for this Council to say the two should be separate. He noted there was no discussion by people who have run, no discussion on diversity, stating term limits is an old concept used in ancient times and the US Constitution and there is good reason for term limits because it limits people holding office. Result of the Roll Call: AYES: Gillmor, Hill, Wright NAYS: Wolff, Coy Passed 3 -2 76 -78 v. Ordinance No. 0 -11 -11 — Charter Amendment 2.11 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN THE QUESTION OF WHETHER TO AMEND SECTION 2.11 OF THE CITY CHARTER, BY DELETING REFERENCES MADE TO PENALTIES FOR FAILING OR REFUSING TO FOLLOW ORDERS FROM THE CITY COUNCIL, PROVIDING BALLOT LANGUAGE AND AN EFFECTIVE DATE. (1" Reading 6/22/11, PJ AD 6/29/11) MOTION by Mr. Gillmor and SECOND by Mr. Wright to approve Ordinance No. 0- 11 -11. Result of the roll call: AYES: All NAYS: None Passed 5 -0 9 Regular City Council Meeting July 13, 2011 Page Ten 78 -81 vi. Ordinance No. 0 -11 -12 — Charter Amendment 3.03 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN THE QUESTION OF WHETHER TO AMEND SECTION 3.03 OF THE CITY CHARTER, TO PROVIDE FOR THE REMOVAL OF CHARTER OFFICERS, PROVIDING BALLOT LANGUAGE AND AN EFFECTIVE DATE. (1" Reading 6/22/11, PJ AD 6/29/11) MOTION by Mr. Wright and SECOND by Mr. Gillmor to approve Ordinance No. 0- 11 -12. Result of the roll call: AYES: All NAYS: None Passed 5 -0 82 -85 vii. Ordinance No. 0 -11 -13 — Charter Amendment 2.04, 2.06 and 4.08 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN THE QUESTION OF WHETHER TO AMEND SECTIONS 2.04, 2.06 AND 4.08 OF THE CITY CHARTER, RELATING TO THE COMMENCEMENT OF COUNCIL MEMBER TERMS, PROVIDING BALLOT LANGUAGE AND AN EFFECTIVE DATE. (1m Reading 6/22/11, PJ AD 6/29/11) MOTION by Ms. Coy and SECOND by Mr. Wright to approve Ordinance No. 0- 11 -13. Result of the Roll Call: AYES: All NAYS: None Passed 5 -0 86 -88 viii. Ordinance No. 0 -11 -14 — Charter Amendment 2.09 and 4.13 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY OF SEBASTIAN THE QUESTION OF WHETHER TO AMEND SECTIONS 2.09 AND 4.13 OF THE CITY CHARTER, TO PROVIDE THAT THE FLORIDA DIVISION OF ELECTIONS, THE FLORIDA ELECTIONS COMMISSION OR THE COURTS DETERMINE ISSUES RELATING TO THE QUALIFICATIONS AND ELECTION OF CITY COUNCIL MEMBERS RATHER THAN ASSIGNING THESE RESPONSIBILITIES TO THE CITY COUNCIL, PROVIDING BALLOT LANGUAGE AND AN EFFECTIVE DATE. (1M Reading 6/22/11, PJ AD 6/29/11) MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve Ordinance No. 0 -11 -14 Result of the Roll Call: AYES: All NAYS: None Passed 5 -0 The City Attorney requested Council select the order of amendments for the ballot at this time. Ms. Coy requested that 0 -11 -10 four year terms be question #1 and 0 -11 -07 archaic language be question #8; Mr. Wolff requested that 0 -11 -12 removal of charter officers be question #2; and Mr. Wright requested that 0 -11 -09 filling vacancies be #3. 10 Regular City Council Meeting July 13, 2011 Page Eleven Mayor Hill asked, if we should go with four year terms, would establishment of the Charter Review every five years need to be changed. The City Attorney said it is not a conflict, and if Council wishes to address it, wait to see what happens and at that point propose a charter amendment to set a different time. For the record the City Clerk read the ordinance number with ballot question position as follows: (Ordinances will be amended accordingly) 0 -11 -10 #1 0 -11 -12 #2 0 -11 -09 #3 0 -11 -08 #4 0 -11 -11 #5 0 -11 -13 #6 0 -11 -14 #7 0 -11 -07 #8 10. UNFINISHED BUSINESS 89 -96 A. Parks and Recreation Committee Request for Possible Reconsideration of Riverview Park East Pavilion Location (City Manager Transmittal, 5/23/11, 6/6/11 and 6/27/11 P & R Minutes) The City Manager said there has been considerable debate on the location and Parks and Recreation, through its chair, sought his input, called a Special meeting and formulated a recommendation to ask Council to reconsider the relocation to the southeast corner, and if Council did not want to do that, would they consider another City park location. Matt Sims, Vice Chair, Park and Recreation Advisory Committee, recapped the committee's prior action on the location, and cited their confusion when City Council on May 25th took action to place the pavilion in the northeast corner. He cited the committee's reasons for the southeast location, primarily for better utilization and so it would not block the view of the river. He recapped their June 6th meeting at which the City Manager marked different locations for them to look at. He reiterated the Committee's recommendation to reconsider putting the pavilion in the southeast location and if they did not want to do that, put it in another park. Members of Council said it was their understanding at the May 25th meeting that the Parks and Recreation Committee had submitted two options, either the northeast or southeast location. Mr. Gillmor said he would be willing to reconsider. The City Manager said he probably contributed to the confusion on May 25'" by not jumping in when Council inquired of Mr. McCarthy and he told them what he thought the Board wanted. He said the Committee dealt with this for a long time, discussing should a pavilion go in the park and where, and the consensus was the southeast corner, and two members who did not want it at all capitulated to southeast corner. He said at their May 23`d meeting, Mrs. Robinson spoke about different locations, but the committee still wanted the southeast location but gave Council options. He said at the Council meeting May 25th he wanted to move forward and he brought forward what he thought the committee had decided, preference for the southeast but option for the northeast. 11 Regular City Council Meeting July 13, 2011 Page Twelve He said the committee was asking reconsideration of the southeast, and if Council does not agree then perhaps another new location. Ms. Coy said she was concerned about the house adjacent to that location, wondering what were the plans for the house, and the benefit if it became a commercial establishment. Louise Kautenburg, Sebastian, said this is disturbing at many levels for her, because she thought council makes decisions and moves on. She said she attended the June 6th P & R meeting, the minutes were not accurate, that every member was shocked at the size of the pavilion, asked if they could make it half the size, and every member expressed they wanted to keep it out of line of sight which means they are constructing something they don't want to look at. She said she and friends conducted an opinion poll on the 491 and out of 100 people, 70 did not want it in this park at all. Frank Garland, Ponoka Street, urged City Council not to consider putting the pavilion in Hardee Park due to the effect it would have on the 80 houses surrounding it and citing recent break -ins and the fact that this location is far from the river where it was originally intended. The City Manager responded to him the pavilion cost was $26,000, and Mr. Garland said the City could get the $6600 deposit back. Melanie Manning, Ponoka Street, said residents can hear joggers' conversations in their homes, the biggest concern will be traffic, cost of maintenance, people using it after hours, music, and safety of the residential area. 9:30 pm Mayor Hill clarified Council had not discussed putting it in Hardee Park. Jim Sunnycalb said he had been going to P & R meetings and tending Riverview Park for years, said he had surveyed people and they want it in Riverview Park, and not listening to the committee recommendation is hurting the morale of the committee. Lisanne Robinson said she had no hidden agenda, was Director of the Art and Music festival, the only event which utilizes that section of the park, said the committee made a recommendation without receiving input, and she went to them to explain her reasons for not putting the pavilion at all but if it had to be there, then in the northeast corner. She said to put it near Sportsman's Lodge would be embarrassing and did not think anyone wanted the pavilion. Linda Scott said we already have two pavilions at Riverview, why do we need another one, the wonderful event by Mrs. Robinson is something we should be proud of. She said she walks Hardee twice a day and there is no shade or rain shelter there, and asked Council to consider putting the pavilion there. Don Manning, Ponoka Street, said there are other parks, and asked don't we have better place for our money, like ending furlough days. Barbara Salmon said Hardee Park was in the minutes, but the minutes don't reflect what happened, and no one seems to want this pavilion. She said she thought Hardee was a good idea but no one seems to want it. 12 Regular City Council Meeting July 13, 2011 Page Thirteen Damien Gilliams, 1623 US 1, said this is the biggest joke going, P & R wants a certain location, Mrs. Robinson got wind of it and said that's not where it's going to go, that we ask people to serve but when they give opinion, Council ignores it because it is political. Ms. Coy called a point of order and Mayor Hill told him to direct his comments to the Mayor. Mr. Gilliams said this is payback. Ms. Coy again called a point of order and said if Mr. Gilliams wants to file accusations he do it legally. Mr. Gilliams said Mr. Wolff came to show his support to the committee and it is pay back to suggest it go in Mr. Wolff's back yard because Mrs. Robinson has political favors. Ms. Coy again called a point of order and Mayor Hill said the speaker has a right to speak. Mr. Gilliams said Council wants people to join committees and doesn't listen to advice, suggested all the events go out to the Airport, said to ask the Clerk if taxes were turned in, because the last time he asked they weren't. Dottie Ray, Ponoka Street, said Hardee Park is a shady place and you will see children playing soccer or football on weekends and if you put in a pavilion you take that away. She asked that they not consider Hardee. John Tenerowicz, member of P & R Committee, said he was one of the two who did not want the pavilion and noted the City put a dog park behind his house. Mayor Hill said the real issue is Riverview Park, and when you talk about changes to an incredible place, the idea of a pavilion doesn't make a lot of sense. He said Council thought both locations were options put forward by the Committee, that he would rather not throw good money at bad and lose a couple of bucks and stick it in a park because it is a big park. He said from his standpoint the only place is the southeast corner but was not in favor of that and would ask the City Attorney to look into saving the penalty fee. Ms. Coy said this is not political but common sense and agreed no one wants this pavilion. Mr. Gillmor asked the City Manager to display a rendering of the pavilion in the two Riverview Park locations, suggesting it be put in the southeast location. Mr. McCarthy confirmed we do take in some revenue on pavilion rental. MOTION by Mr. Gillmor to put it in southeast corner died for lack of a second. MOTION by Ms. Coy and SECOND by Mr. Gillmor to extend the meeting passed on a 5 -0 voice vote. The City Manager confirmed the penalty of $6,650 was 25 %. Mr. Wright said he didn't think there was adequate support for this pavilion and suggested reaching out to homeowners and find residents in favor of it. 13 Regular City Council Meeting July 13, 2011 Page Fourteen Mr. Wolff said it was clear no one wants it and we should move on and take a lesson from it. Mr. Gillmor said we need to get a motion before we discuss it. MOTION by Mr. Gillmor to send back to Committee died for lack of a second. In response to Mayor Hill, the City Attorney said discussion without a motion was appropriate. MOTION by Mr. Wright and SECOND by Ms. Coy to rescind the previous motion (made at the May 251" meeting) carried on a voice vote. Mr. Gillmor called a point of order and asked if the vote should be by roll call vote. The City Attorney said the motion and voice vote were in order. MOTION by Mr. Wright and SECOND by Ms. Coy to send back to the Parks and Recreation Committee. Mr. Wolff expressed concern for the second alternative of Hardee Park, because there is no site plan and no consensus so he agreed with Mrs. Robinson that due diligence had not been done on this project. He said we need to establish an appropriate place, who will use it and decide if this an appropriate use He said this made him lose confidence which is why he suggested taking a loss because there hasn't been research as to who would benefit. Mayor Hill agreed, but said Council also has a responsibility to do its due diligence. The City Manager said the location of the southeast and northeast corners were planned and had conceptual layouts, that he was astounded when the committee did not connect the dots as to how big it was because size was talked about at all meetings. He said he came prepared tonight to recommend the southeast corner, but agrees we don't have uniformity and it shouldn't go in that park. He said there isn't a pocket park that would not benefit from this pavilion, and suggested it could even be put at the golf course between the 16th and 12th tees. He said the best option is to absorb the loss and move down the road, that in the overall picture, $6,600 is not a big loss, and recommended directing him and the City Attorney to negotiate out of the contract up to $6,600. Mayor Hill said there are plenty of parks for this and all questions should be raised. Result of the roll call vote: AYES: All NAYS: None Passed 5 -0 11. PUBLIC INPUT (Public Input Procedures are Located on the Back of the Agenda) Damien Gilliams asked why we don't clean up the CRA district by recycling, invited people to Fisherman's Landing on July 20m, commended Park Place and said maybe they can help attract people to get real estate values up, asked for a monthly Go -Line report, hoped police are still working on his burglary, commending them for their award, i 14 Regular City Council Meeting July 13, 2011 Page Fifteen asked how many jobs have been created since the Economic Development plan, said we don't need another tax increase, said we redirected CRA money but still haven't got roads paved, thanked Mr. Wright for bringing up delegation meeting priorities, and said $6,600 should come from Manager and Council salary. Lisanne Robinson, downtown resident, explained how many times she has had to call 911 because of accidents in front of her residence /business and urged Council to continue discussions on traffic calming for US 1. 12. NEW BUSINESS 97 A. Use of Parks Requested by Council Members (City Manager Transmittal) This item was moved to the next meeting agenda. 98 B. Recommendation — Adiust November and December Council Meeting Dates (City Clerk Transmittal1 The City Clerk recommended moving the 11/9 meeting to 11/16 and canceling the 11/23 meeting due to the Thanksgiving holiday, and Council discretion for the 12/11 and 12/28 meetings. MOTION by Mayor Hill and SECOND by Ms. Coy to amend the November calendar as suggested passed on a voice vote of 5 -0. Mayor Hill recommended canceling the December 28th meeting noting we can always reschedule. MOTION by Mayor Hill and SECOND by Ms. Coy to cancel the December 28th meeting passed on a voice vote of 5 -0. 13. CITY ATTORNEY MATTERS The City Attorney requested that City Council consider the political sign ordinance once more and it was the consensus of Council to look at it again. 14. CITY MANAGER MATTERS 99 -101 A. Discuss Recommendation to County Commission for Additional One Cent Gas Tax (City Manager Transmittal, 2011 IRC Distribution Formula for Local Option Gas Tax) The City Manager said he will place this on a future agenda for consideration for 2013, and said now that Council has adopted the resolution tonight for FDOT the US 1 project will start. 15. CITY CLERK MATTERS The City Clerk received consensus for an offer from the County for a staff workshop on redistricting in August to give the public an opportunity to see the plan before the County Commission hearing in Sebastian on September 20`h. 15 Regular City Council Meeting July 13, 2011 Page Sixteen 16. CITY COUNCIL MATTERS A. Council Member Gillmor - None B. Council Member Wolff - None C. Mayor Hill - None D. Vice Mayor Wright - None E. Council Member Coy Ms. Coy gave a special thank you to City Staff and the Lions Club for the wonderful 4th of July event. 17. Being no further business, Mayor Hill adjourned the Regular Meeting at 10:25 pm. Approved at the July 27, 2011 Regular City Council meeting. Hill, Mayo ATT Sally A. Mai., MMC - City Clerk 16