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HomeMy WebLinkAbout09142011QIYOF HOME OF PEUCAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 14, 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. Deacon John Dunlop, St. Luke's Catholic Church gave the invocation. 3. The Pledge of Allegiance was led by Council Member Wolff 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 Community Development Director, Joseph Griffin Public Works Director, Jerry Converse Police Chief, Michelle Morris MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous voted of City Council Members 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. A. Proclamation — Constitution Week — Sept. 17 -23, 2011, Accepted by Holly Hamilton, Senior Society President, Treasure Coast Children of the American Revolution Mayor Hill read the proclamation and presented it to Ms. Hamilton. Regular City Council Meeting September 14, 2011 Page Two 6 B. Proclamation — Eagle Scout Jeffrey Price, Boy Scouts of America, Troop 567 Mayor Hill and Chief Morris presented the proclamation to Jeffrey Price who thanked his parents for their dedication and countless hours spent toward his accomplishments. C. Brief Announcements Mayor Hill announced the Indian River County Commission would be holding their September 20th meeting in Sebastian's chambers at 9:00 a.m. and the Indian River County School Board will hold their September 27th meeting in the Sebastian chambers at 6:00 p.m. Mayor Hill said the Coastal Community Church will hold their annual picnic and barbeque in Riverview Park on Saturday from 4:00 to 7:00 p.m. and invited the public to come take a shot at him in the dunk tank. Ms. Coy announced that Thomas Ingui, a senior at Indian River Charter High School, is a very talented pianist. She said his last two concerts before he goes off to college will be on Sunday, Sept. 18th at Concordia Church in Micco at 7:00 p.m. and Friday Sept. 23`d at the Christ by the Sea Church in Vero Beach. Mr. Gillmor congratulated Mr. Wolff on his son, Eugene Wolff being awarded as the Rotary Club high school student for the month of September. 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 of 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 -9 A. Approval of Minutes — August 22, 2011 Budget Workshop 10 -17 B. Approval of Minutes — August 24, 2011 Regular Meeting 18 -22 C. Approve Repairs to the John Deere 710 Backhoe by Sole Source Nortrax of Orlando in the Amount of $26,599.98 (Public Works Transmittal, Estimate, New Unit Quote) 23 -24 D. Approve River Grant Application Support Letter (City Clerk Transmittal, Letter) MOTION by Mr. Wright and SECOND by Ms. Coy to approve consent agenda items A -D. Result of the roll call vote: AYES: All NAYS: None Passed 5 -0 Regular City Council Meeting September 14, 2011 Page Three 8. COMMITTEE REPORTS & APPOINTMENTS — none. 9. PUBLIC HEARINGS 25 -39 A. Second Reading and Adoption Hearing of Ordinance No. 0 -11 -17 — Firearms Regulation (City Attorney Transmittal, 0- 11 -17, FLC Info, Newspaper Article, State Law) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DELETING REFERENCES TO DISCHARGING FIREARMS, AMENDING SECTIONS 18 -1 AND 70 -3 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (PJ Ad 8/31/11) The City Attorney read the title of Ordinance No. 0- 11 -17. MOTION by Mr. Gillmor and SECOND by Mr. Wright to approve Ordinance No. 0- 11 -17. Mayor Hill opened the public hearing at 6:42 p.m. Damien Gilliams, 1623 US 1, said it is important to pay attention to the right to bear arms. Ben Hocker, Sebastian, said there is an organization that is filing a lawsuit to give back power to the municipalities. Mayor Hill asked the City Attorney is he was aware of it. The City Attorney said the City of West Palm or Palm Beach County adopted an ordinance and during the discussion they made it clear they would get back to the legislature in an effort retain home rule power. He said the law goes into effect October 1 and communities are trying to bring their codes into compliance. Ms. Coy said she understands acting contrary to this issue has severe penalties but was disappointed with the way it has come down from the State of Florida and the provision that Council Members could be personally fined or removed for violation of this ordinance. She said she didn't object to the right to bear arms but taking away home rule and it should be addressed before the State delegation. Result of the roll call vote: AYES: All NAYS: None Passed 5 -0 10. UNFINISHED BUSINESS 40 -42 A. Billboard — Change Sign Copy (City Manager Transmittal, Photos) The City Manager said he was seeking feedback on the pictures provided in the agenda packet or Council could direct him going back to the drawing board. Regular City Council Meeting September 14, 2011 Page Four Mayor Hill said he preferred the fishing picture which reflected what they are trying to do in the City but he could go with either one. Mr. Gillmor said he would go with either one but liked the fishing one and suggested changing the color of the word "Sebastian" to yellow on that one. Mr. Wolff and Mr. Wright agreed that the fishing picture represented economic activity. Mr. Wright said prior to the end of the six months approved by Council he wants to review all advertising and promotional expenditures. Damien Gilliams suggested adding something to the billboard reflecting our A rated schools to attract young families. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve the fishing themed sign with color changes to word "Sebastian" with a voice vote of 5 -0. B. Issues to Carry Forward to IRC Delegation Meeting (no backup) Mr. Wright: 1) home rule concerns as mentioned by Ms. Coy earlier; 2) review of award of professional services contracts which have tied the hand of agencies, noting they should be able to look at two or three qualified bids that include qualifications and price; 3) concern with non - elected and appointed agency heads passing rules and regulations that cities have to follow and he would like to see the rules go to the legislature before they are put into effect. Mayor Hill said he did bring that up to the delegation last year and there was some limitation passed last year but they could ask for additional review; 4) require the State to follow the same public records /sunshine law rules they impose on other agencies ; 5) review of overlapping state agencies; Ms. Coy asked the other members if the firearms language upset them. Mayor Hill said the strong words concerned him but he agreed with the law and going forward the strength of the language in future, laws should be gentler. Mr. Wolff agreed as the language to put local officials under the threat of a lawsuit or fine will stop many people from getting involved in local government. He said he is a firearms enthusiast but said discharging a firearm in the city limits should be illegal as it has provided opportunities to progress with cases with the one violation but when it adds language penalizing city legislators it steps out of bounds. Ms. Coy: 1) concern for State making blanket decisions on special taxing districts as the Sebastian Inlet District protects the lagoon so she would like to see the districts reviewed on a case by case basis. Mr. Wright added that the focus should be on taxing districts with non - elected /appointed officials because elected official districts answer to the public. Mr. Gillmor: 1) recommended for less legislation because we have bureaucrats overseeing bureaucrats and we should send message "do less ". Regular City Council Meeting September 14, 2011 Page Five It was the consensus of Council to include all items suggested by Council. Damien Gilliams thanked Mr. Wright for bringing this early in the game; the most important thing with the State is that they are reducing bright future college funds set up by the lottery and requested a letter be sent to the delegation to leave those funds alone; and the fact that the FIND dredging project is happening without public hearings should be mentioned; agreed that the State should operate under the sunshine laws; and suggested starting with the City's own code in reducing mandates to be more business friendly. In response to Ms. Coy, the City Manager said it was a fair statement that public hearings were held on the dredging project. The City Attorney pointed out that every house and senate bill has a staff analysis, and suggested adding two questions to each bill: is this an unfunded mandate, yes or no, and does this impact home rule, yes or no, so the legislator sponsoring the bill is put on notice. Council concurred with adding this. 11. PUBLIC INPUT Clifford Hearl, 1307 Scroll Street, said he has a neighbor that built a garage next to his house and now has bushes and trees that are growing onto his property. He said Code Enforcement told him Council gave the neighbor the right to build on the property line and now vegetation has become a nuisance. Mayor Hill said he would have a discussion with the City Manager and get back with him on the City's rules tomorrow. Susan Keiffer said she represents a group that is interested in starting a farmers' market in Riverview Park, would be willing to discuss terms and provided a handout (see attached). Mr. Gillmor said a RFP was put out but the City did not receive any responses. Mayor Hill suggested putting this on a future agenda, and Mr. Wolff suggested she obtain a copy of the RFP from the City. Damien Gilliams said his prayers are with Mr. Wolff and his father; discussed concerns for issues relating to the Working Waterfront, noting there are leases below market value competing with existing businesses trying to make it, and now signs are posted saying unauthorized people are not allowed on the property. He said everything should be in the sunshine, and some people won't confront Council because they don't want to be blackballed, and he didn't like the CRA account raided to make this happen not leaving anything else for other businesses. Brian Biehl, 1570 Bevan Drive, said he was representing an organized group of restaurants owners, bar owners, commercial fisherman, retail shops and concerned citizens to express concern at what is happening at Fisherman's Landing which is exceeding the scope, the boundaries and spirit of the Stan Mayfield Working Waterfront project and what the grant funds were awarded for. He said they have every expectation that the City will ensure all the operations will be brought into compliance with the grant and management plan. He said they tried to find a number of documents on a list he distributed and requested assistance. Mayor Hill directed him to contact the City Clerk. Regular City Council Meeting September 14, 2011 Page Six Sandy Watts said the waterfront restaurant employs his daughter along with 20 other people and in his opinion the City did a good thing by putting in a facility that is keeping people working and bringing in revenue. Sal Neglia said he was on the Working Waterfront Committee and most of what they discussed went right, but there were not supposed to be waitresses, and they are not obeying what was to be done and there are no educational materials down there. Mayor Hill called for a recess at 7:33 p.m. and reconvened at 7:49 p.m. All members were present. 12. NEW BUSINESS 43 -47 A. Resolution No. R -11 -17 Termination of FDOT JPA for Master Plan Update (Airport Transmittal, Termination, Memo, R- 11 -17) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE TERMINATION OF AN FDOT JOINT PARTICIPATION AGREEMENT FOR AN AIRPORT MASTER PLAN UPDATE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The Community Development Director said this was an unusual situation, that he had to start applying in 2007 in anticipation of a master plan upgrade, but in the meantime had worked with Fish and Wildlife to work out the buffer issue and thought it would be frivolous to go after the funding so he was asking for approval of the resolution to terminate the JPA grant. MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve Resolution No. R- 11 -17. Damien Gilliams said this was a job well done, said he had come to realize the importance of scrub jays, recommended bringing on grant staff in Community Development, and discussed that with a citizens academy, we can educate people. Mayor Hill asked him to stay on the item. He said educating people about the airport and having volunteers was not a bad thing. Mr. Wolff asked if there is mandated number of years for the plan. The Community Development Director said they recommend every ten years, but when we completed the two page layout plan that modified FAA requirements, he anticipated we could go another five years before we had to update. Ms. Coy requested assurance the buffer area is not affected. The Community Development Director said the buffer area is covered by an ordinance which is two years old and not required by the master plan and when we catch up with the next master plan it will be incorporated. Result of the roll call vote: AYES: All NAYS: None Passed 5 -0 Regular City Council Meeting September 14, 2011 Page Seven 48 -49 B. Resolution No. R -11 -18 Champion Tree Program (City Clerk Transmittal, R- 11 -18) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A CHAMPION TREE AWARD PROGRAM; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve Resolution No. R -11 -18 was approved with a voice vote of 5 -0. 50 -62 C. Review Treasure Coast Local Governments Request for Adoption of Fertilizer Ordinance (Transmittal, TCCLG Resolution, F.S.403.9337, Model Ordinance) Mr. Gillmor read the resolution on page 51 passed by the Treasure Coast Council of Local Governments last week, and said he wasn't an expert but thought it common sense to protect the lagoon. He noted Stuart, Sewall's Point, Martin and St. Lucie County had adopted ordinances. Mayor Hill said he tends to steer clear of these types of ordinances that take application out of the hands of professionals and gives it to the amateurs, but does like the best management practices, and it would be reasonable to pass what the state has passed, but if we need to get more strict we would have a lot of discussion. There was a lengthy discussion on the pros and cons of this type of legislation, and though each agreed it was well to protect our waters, it needs to be user friendly and recommended best practices rather than strict regulation for homeowners, while leaving large commercial operations virtually unregulated. Mr. Gillmor asked the City Attorney to review FS 403.067 and advise Council whether the City needs to adopt the State model ordinance, and the City Attorney said he would see if we are on the list. It was agreed this will come back to a future agenda. 63 -109 D. Approve US 1 Enhancement Project Construction Agreement with Santa Cruz Construction in the Amount of $274,945.88 and Construction Administration Agreement with Schulke, Bittle and Stoddard Engineerinq in the Amount of $4,328.00 (City Manager Transmittal, Bid Results, Agreements, Photos) The City Manager said this was in regard to enhancing US1 with a crosswalk, bids were opened bids on August 31, and the low bidder was Santa Cruz. He said he was also asking for a construction services agreement with Schulke, Bittle, and Stoddard to oversee the improvements. He indicated Santa Cruz is a local contractor that can provide a hatch style that is more in line with our vernacular and ambience. MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve the Santa Cruz and Schulke contracts as recommended by staff. Damien Gilliams said the difference in the amount for maintenance of traffic was almost 50% and could be a safety issue and everything must go out to bid to get the best for our services. Regular City Council Meeting September 14, 2011 Page Eight Mr. Wright said he was concerned with a quality difference in the detectable warning strip and he wanted to make sure staff is satisfied with the cost differences and they will not impact the quality of work to be done for the City. He said these issues should be resolved before awarding the contracts. The City Manager said the question begs the answer that if going to bid and not accepting the low bid, then that's an issue; so to ensure quality in construction contracts there is detail included on a warranty and standards have to be met. He said we are familiar with the company from the CR512 project; in his opinion mobilization, costs frequently have discrepancies; and the Schulke construction services contract will ensure a quality product. In response to Mr. Wolff, the City Manager said Santa Cruz is on target and in budget with the current project. Ms. Coy asked if there was a meeting of the minds on the site south of Main Street where there are a lot of accidents. The City Manager said he met with FDOT Engineer Carolyn Gish and Lisanne Robinson to talk about history, potential reasons for the accidents, and how to prevent them. He said they are collecting data and at the end of the project, the speed limit will be considered and a bump out following FDOT standards may come by way of a change order. Result of the roll call vote: AYES: All NAYS: None Passed 5 -0 110 -272 E. Authorize the City Manager to Enter Contract Negotiations with Infrastructure Engineers for the Engineering and Construction Services for the Riverview Park/CavCorp Enhancement Proiect (RFQ, Bid Tab, Minutes, Score Sheets & Bid Packages, Interview Meeting, E -Mail) The City Manager said this was another major CRA project that has been budgeted over two fiscal years, allocating $75,000 for an engineering firm, and initiating the CCNA process for a construction services agreement. Mayor Hill asked the City Manager to explain why this firm was chosen over other firms that ranked higher with the Selection Committee. The Community Development Director said the score sheets were of the top three scorers. Mayor Hill pointed out the top three along with Schulke, Stoddard, Bittle were ranked essentially the same and asked if the Committee ranked Infrastructure Engineers overall as the highest. The Community Development Director said they did not, and explained the three firms selected for interviews were ranked the highest and the questionnaire is a subjective analysis where you have to be objective; for example a company with no City contracts would get a high score and one Committee member gave all of the firms a high score on that question. The City Manager said the agenda packet should have included a summary of the scoring. Mayor Hill asked if what they had was a recommendation to choose the firm that ranked the highest to which the City Manager agreed. Regular City Council Meeting September 14, 2011 Page Nine MOTION by Mr. Wolff and SECOND by Mr. Wright to authorize the City Manager to enter negotiations with Infrastructure Engineers for the engineering and construction services for the Riverview Park/CavCorp Enhancement Project. Damien Gilliams said the MBV office looks like a satellite office which means the money isn't going to stay local; he said being a 25 year resident he is aware of one firm that does a lot of pro bono community work and he asked if that was considered during the selection process. The City Manager said it is a competitive market, everybody was qualified, they tried to give an equitable distribution of workload and stay with a local firm. Mr. Wright pointed out the number of employees in a firm needs to be considered in the equitable distribution of workload. The City Manager offered to start the process over again noting Council is in a position to change the process if they feel the calculations are flawed. He suggested putting a written policy in place to protect Council and staff, but cautioned they will lose control of expenses. Mr. Wright said MBV was the higher ranked company with the four most important questions and asked if they were required to accept the firm based on the summary. The City Manager said they could select someone else. Mr. Wolff said as long as the system has continuity, the work is going to get spread out amongst these firms, and the City Manager wouldn't have come before them if he wasn't comfortable with the selected firm. Result of the roll call vote: AYES: All NAYS: None Passed 5 -0 13. CITY ATTORNEY MATTERS — none. 14. CITY MANAGER MATTERS The City Manager reported that he executed a bill of sale for the Riverview Park lift station right -of -way to the County so they could maintain it. He said he was proud to report that according to Fitch Rating, the City's bond rating is going up thanks to the Finance Department's hard work during the tough economic time. Update Working Waterfront (no backup) The City Manager said they have taken CRA funds, rehabilitated one property, started another and noted the six provisions in the grant: Fixing the Hurricane Harbor facility to create a fish house, eatery, ancillary service, assembly, and museum; use the Dabrowski parcel for docks, historic fish house and ice house He said he has received a few phone calls about not being in compliance with the grant; he has met with Fishermans' Landing to outline some issues that need to be worked on, asked that judgment be reserved until the project is complete noting he is happy with where the project is at. Ms. Coy said there are some things she would like to talk about on September 28th and would like to see a contract with the Fishermans' Restaurant. Regular City Council Meeting September 14, 2011 Page Ten Mr. Wolff said he is distressed that Fishermans' Landing is now talking to the City through an attorney, and concerns such as live music, table service and alcohol should be addressed now. Mayor Hill said when he first walked in into the restaurant he was taken aback because it wasn't what he envisioned but after reviewing all the documents and talking to staff he believed they are moving in the right direction and there may need to be discussion as to how entertainment feeds into a working waterfront, he understood there would be beer and wine sales and he is cautiously excited about this project as not all is in place. Ms. Coy said she would give the process time but she would like to put this on the table and allow public comment no later than September 28th Mr. Gillmor said his biggest concern was getting the building and then headlock it from having the public from using it, as government does not do a good job in running a business. Mr. Wright said the operations might have gone outside of the framework of what was agreed to with live music and the extension of waitress service standing out. Discussion continued on what was intended and Council agreed to have this on the September 28th agenda and allow for public input. 15. CITY CLERK MATTERS — none. 16. CITY COUNCIL MATTERS A. Council Member Coy Ms. Coy said Waste Management had a solar powered compactor at the FLC conference and suggest a demo model at Fishermans' Landing. She asked when the Waste Management contract expires. B. Council Member Gillmor Mr. Gillmor announced a new member of the Art Club who traveled with Jacque Cousteau will exhibit her work at the Club beginning October 4th from 11:00 a.m. to 3:00 p.m. on Tuesdays and Thursdays. C. Council Member Wolff - none. D. Manor Hill — none. E. Vice Mayor Wright Mr. Wright said additional space has been discussed and he asked if there was any City space available for public use. Mr. Gillmor said he did have conversations with Karen Deigl after visiting a converted a military base in Tallahassee and they came up with the fact that they wanted the City to fund their staffing. Mr. Wright said he was looking for strictly volunteers. Regular City Council Meeting September 14, 2011 Page Eleven 17. Being no further business, Mayor Hill adjourned the regular meeting at 9:42 p.m. Approved at the September 28, 2011 regular City Council meeting. Hill, Mayor ATTE Sally A. Maio MMC — City Clerk AP Organic Food Choices Encourage People to Take Responsibility for their own Health AP Oil is a Resource Predicted to Become a Shortage in the Near Future Directly Causing Food Shortages & Sky Rocketing Prices ▪ Many People Don't Want to Have to Grow Their Own Food • Local Food Sources Would Be Made Available and Known to Local Residents ailf It would Save Gas Driving to Other Town's Farmer's Markets for Sebastian Residents such as to Ft. Pierce and Vero Beach and a Farmer's Market Should Be Available in Each Town • A Farmer's Market Builds Community Relationships and is Good for the Local Economy • It would Provide a Place for Kids to be Entrepreneurs and Get Involved with Related Projects AP It would be Educational on World Related Sustainability Issues and Promote Awareness AP Burlap "Sebastian Farmer's Market" Bags could be Sold as a Source of Revenue for the City (ask to see samples) • Music could be Played, Locally Caught Fresh Fish Sold, Unique Hand Made Woven Baskets Sold, EBT cards allowed to b - used etc., etc. Loc. O er: Susan K, er 5 -2 , 46