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HomeMy WebLinkAbout09282011CRY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 28, 2011 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Reverend Todd Thomas, Sebastian Christian Church. 3. The Pledge of Allegiance was led by Vice Mayor Wright. 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 Administrative Services Director, Debra Krueger Community Development Director, Joseph Griffin Finance Director, Ken Killgore Deputy Police Chief, Greg Witt MIS Engineer, Rob Messersmith 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. pg 5 A. Proclamation — National Physical Therapy Month — October 2011 Accepted by Amber Miller Mayor Hill read and presented the proclamation to Amber Miller, who thanked the Mayor and noted the website www.moveforwardpt.com. 1 Regular City Council Meeting September 28, 2011 Page Two pg 6 pg 7 pg 8 pg 9 B. Proclamation — Sebastian Charter Junior High School's Latin Festival Charity Event Accepted by President John Rivera Mayor Hill read and presented the proclamation to John Rivera and students from Sebastian Charter Junior High school. Mr. Rivera thanked him for the proclamation and listed some of the sponsors of the event which will take place at the Municipal Airport on October 8th to benefit the school building fund. He noted website sich(c�latinfest.com. C. Proclamation — Champion Pigeon Plum Tree Accepted by Mr. & Mrs. August Kmak Mayor Hill read and presented the proclamation to Mr. and Mrs. August Kmak. D. Proclamation — Champion Red Maple Tree Accepted by Mr. Christopher Ruthven Mayor Hill read the proclamation, however Mr. Ruthven was not in attendance. E. Proclamation — Jane Schnee — Scrub Jay Conservation Land Mayor Hill read and presented the proclamation and Peli Award plaque to Jane Schnee. Ms. Schnee expressed her surprise at receiving the award. F. Presentation — Dr. Richard Baker — Audubon Society Richard Baker invited the public to their monthly Audubon meeting held at the North County Library on the second Monday at 6:00 p.m., except in November, 2011, it will be the second Tuesday. He said the Audubon's mission is to keep the lagoon, environment, wildlife, and fishing industry healthy. Ms. Schnee gave a brief power point presentation on the preservation of scrubs jays. In response to Mr. Gillmor, she said it would be great if people put back the scrub habitat on vacant lots. Mr. Gillmor suggested if people have overgrown lots, they can restore the habitat. G. Brief Announcements Mr. Wolff thanked the IRC School Board for holding their business meeting in the chamber last night, and hoped more people will turn out in the future. Mr. Gillmor announced biologist Electa Pace's photography exhibition called "Expedition" to be held at the Art Center from October 6 to 29 with an opening reception on the 6th from 4:00 -7:00 p.m. 2 Regular City Council Meeting September 28, 2011 Page Three 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. pgs 10 -20 A. Approval of Minutes — 9/14/11 Regular Meeting pgs 21 -24 B. Approval of Minutes — 9/19/11 Special City Council Budget Hearing MOTION by Ms. Coy and SECOND by Mr. Wright to approve consent agenda items A and B. Result of the roll call: AYES: All NAYS: None Passed 5 -0 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Mr. Wright said he attended the joint meeting of the County Beach and Shores Preservation Committee, IRC Mayors and the County Commission where a number of scientific presentations indicating the science of reefs, barricades, and structures proved the PEP reef has increased sand northeast and south of Vero Beach. He said the cost of restoration is mind blowing so these meetings are being held to find a more effective and less expensive way of preserving the beach. He gave Mayor Hill, who represents the City on the Beach and Shores Committee, the presentation handouts. Mr. Gillmor said he was at the FLC Board of Directors meeting last week and they decided to reduce municipalities' membership fees by 25% for another year. 9. PUBLIC HEARINGS A. Final Hearing on Millage and FY 2011/2012 Budget (Admin. Services Transmittal, R- 11 -21, Admin. Services Transmittal, R- 11 -22, Admin. Services Transmittal, R- 11 -23, Program, Admin. Services Transmittal, R- 11 -24, Policies) City Attorney Advises Council Procedure for Millage /Budget Hearing The City Attorney said this was the second public hearing and state law requires the millage rate be adopted first and then the budget. ii. City Manager Announcement of Proposed Millage Rate of 3.3041 Mills Which is 11.44% Lower Than Rolled -Back Rate of 3.7311 Mills and Budget Overview The City Manager announced the proposed millage rate of 3.3041 mills is 11.44% lower than the rolled -back rate of 3.37311 mills. He gave a very brief breakdown of the $19.8M 2011/2012 fiscal year budget. 3 Regular City Council Meeting September 28, 2011 Page Four iii. City Attorney Reads Titles to Resolutions R- 11 -21, R- 11 -22, R- 11 -23, and R -11 -24 The City Attorney read the titles to Resolutions R -11 -21 Millage, R -11 -22 Budget, R -11 -23 six year CIP program, and R -11 -24 financial policies. iv. Mayor Opens Hearing for Public Comment on Millage, Budget, CIP and Financial Policies Mayor Hill opened the public hearing on the 2011 millage, 2011/2012 FY budget, CIP and financial policies at 7:12 p.m. Marty O'Brien, City employee, PEA representative, said the union reluctantly passed the contract, a group of employees are scraping the bottom, they are like a ship with hole bailing out with a bucket for the last three years and will be for two more years. He said they're a skeleton crew taking care of the City to make Council look good and he asked Council to take care of the people making them look good. He said he planned on becoming familiar with the budget process and speaking again in the next two years. Damien Gilliams said on page 18, the City Manager stated keeping the same millage rate will not be realistic or possible and he suggested establishing an employee fund account from the festivals so employee don't have to take furlough days, encouraged recycling, seek grants from the Dept. of Justice, and establish a grant department which can happen if Council will direct the City Manager. He continued to suggest putting in natural gas and propane lines, seek rents and royalties but not like the riverfront, charge for passport issuance, educate the kids in the 300 acres next to City Hall, and seek state CDBG grants. He also suggested having the big corporations bring in the revenue instead of charging franchise fees; jobs are needed so people will buy homes, and he asked that staff be directed to think outside the box to bring money in. Mayor Hill said they have been working on the budget for six months and taxes are staying the same. Ben Hocker said in reviewing the CIP, there was $15,000 for a mooring field and $50,000 for the handicapped pier at Main Street. He said since we turned down the mooring field grant, he suggested providing the $15,000 towards a handicapped pier at Main Street and at the Yacht Club. He also noted he did not see a HUD sign at Riverview Park for the pump station recently installed. v. Mayor Closes Public Comment Being no further input, Mayor Hill closed the public comment portion of the hearing at 7:26 p.m. 4 Regular City Council Meeting September 28, 2011 Page Five vi. City Council Deliberation and Action: pgs 25 -27 a) Adopt Resolution No. R -11 -21 Millage Rate for Calendar Year 2011 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 3.3041 MILLS FOR THE CALENDAR YEAR 2011 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Ms. Coy and SECOND by Mr. Wright to adopt Resolution No. R -11 -21 setting millage rate for calendar year 2011. Result of the Roll Call: Ayes: All Nays: None Passed 5 -0 The City Manager reiterated the proposed millage rate of 3.3041 mills which is 11.44% lower than the rolled -back rate of 3.7311 mills. pgs 28 -35 b) Adopt Resolution No. R -11 -22 Budget for Fiscal Year 2011/2012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND BUILDING DEPARTMENT FUND AS PROVIDED FOR IN SCHEDULE "A ", ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Mr. Gillmor and SECOND by Mr. Wright to adopt Resolution No. R -11 -22 adopting the budget for FY 2011/2012. Result of the Roll Call: Ayes: All Nays: None Passed 5 -0 pgs 36 -58 c) Adopt Resolution No. R -11 -23 Approval of Six -Year Capital Improvement Program for Fiscal Years 2012 -2017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING A SIX -YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS ENDING 2012 -2017; PROVIDING REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Mr. Wright and SECOND by Ms. Coy to adopt Resolution No. R -11 -23 adopting the six -year capital improvement program. 5 Regular City Council Meeting September 28, 2011 Page Six Mr. Wolff pointed out in regard to the last speaker, the City turned down the mooring field grant but planned to go forward with a mooring field and the $15,000 is what the City Manager estimates is needed to put a field in. Mr. Wright added the grant Council turned down was only for technical, engineering services and not construction. Mr. Gillmor asked the City Manager if he was aware of any grants that pay for operating expenses. The City Manager replied not any of significance, noting there are local law enforcement block grants but generally, grants are investment items that make more operating costs. Mr. Wolff asked if the COPS program would be considered overhead. The City Manager said that program did pay for salary, training and uniform but it was phased and after three years, the City had to commit to keeping an officer for two years. In response to Mr. Wolff, the City Manager said there was not a HUD sign yet but it would be taken care of. Result of the Roll Call: Ayes: All Nays: None Passed 5 -0 pgs 59-69 d) Adopt Resolution No. R -11 -24 Readopting Amended Financial Policies A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, READOPTING AMENDED FINANCIAL POLICIES GOVERNING VARIOUS AREAS OF BUDGET AND FINANCE AS PROVIDED FOR IN ATTACHMENT "A "; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Ms. Coy and SECOND by Mr. Gillmor to adopt R -11 -24 which re- adopts the financial policies. The City Manager noted for the record the financial policies used to require 25% working capital in reserve, $350,000 for emergency expense, and $100,000 for property and casualty deductible payments. He said up to FY2009 the CAFR reported the general fund in a way that highlighted those expenditures and lumped unrestricted reserves as one inflated number and it was hard to determine how much we were over in working capital. Then in 2010, GASB suggested cities make a change in the balance sheet by calculating restricted reserves and list unlisted reserves and now our policies don't match what was reported in the March CAFR, so staff is recommending a change to eliminate the $350,000 emergency requirement and $100,000 reduction property and casualty requirement and increase the working capital reserve from 25 to 30% which would reflect how it was managed in the past so going forward the magic number for reserves is 30% of the total budget. 6 Regular City Council Meeting September 28, 2011 Page Seven Result of the Roll Call: Ayes: All Nays: None Passed 5 -0 10. UNFINISHED BUSINESS pgs 70 -72 A. Billboard Proposal (City Manager Transmittal, 2 Photos) The City Manager said at the last meeting, he presented modifications for the new billboard but staff found out the pixel count wasn't a good quality, so he put in two new pictures to receive feedback. Ms. Coy said she liked the one with the kids fishing. In response to Mr. Wolff, the City Manager said he did not know the intellectual property status of the pictures. Mr. Gillmor and Mayor Hill said they could go with either one. MOTION by Ms. Coy and Mr. Gillmor to use the picture of the children fishing. There was no public input. Result of the roll call: AYES: All NAYS: None Passed 5 -0 Mayor Hill called for a recess at 7:39 p.m. and reconvened at 7:53 p.m. All members were present. pg 73 B. Working Waterfront (City Manager Transmittal) The City Manager said at the last meeting there was some preliminary discussions and directives with regard to the status of the Fisherman's Landing Sebastian (FLS) project, he and the City Attorney have talked to the lessees and sub lessees about compliance and they have asked for the City's indulgence as they work out the operating issues, and moving forward with the improvements to the other part of the plan. He said part of the problem is that the FLS president has been out of town but in communication with him to get these issues fixed as soon as possible; there has been communication with Council members, and on September 27th, Florida Communities Trust (FCT) sent the City a warning that we were not in compliance because the lease and sublease were not reviewed prior to execution which was strictly an administrative oversight and the State does want to weave in some compliance issues such as the fish market being permitted with an eatery with six tables but no restaurant operation, sit down bar, tiki bar or music. He said the letter has been forwarded to the lessees and he does plan to get an action plan together for Council to approve. (copy of FCT letter attached) Mayor Hill said the City's hands are tied and have been given direction to come into compliance. 7 Regular City Council Meeting September 28, 2011 Page Eight Ms. Coy said time to negotiate has been taken away. In response to her asking what has changed since she first brought this to his attention, the City Manager said nothing significant. Ms. Coy said she did not buy the excuse that Mr. Sembler is not available since we all have cell phones and fax machines and 30 days to come up with a plan is not satisfactory, she would like specific direction. Ms. Coy said she obtained copies of all of the meetings the project was discussed at for the last three years and played a brief excerpt of the February 17, 2011 Planning and Zoning Commission Meeting. (DVD attached) Ms. Coy stated the excerpt was the City's promise to the public, the City does business in the sunshine and asked how we got to where we are with a restaurant with a bar and music from February 17th. She cited the intent as listed in the management plan to protect commercial fishing by providing dockage, protect commercial fishing by providing an area for freshly caught seafood and aquaculture products, rebuild packing house, provide information to day trippers on history of Sebastian's waterfront, and showcase local seafood. Mayor Hill said he didn't think anyone suggested veering from the plan and the letter was written because of FLS lack of response to the City. He said the City is in a very good place today and looked forward to coming up with plan to get things where they need to go. Ms. Coy asked what would happen after the 30 day deadline specified in the letter. Mayor Hill said his understanding is that the City would be hit with non - compliance and given 120 days to comply. In response to Ms. Coy, Mayor Hill said he was not okay with operating out of compliance. Mr. Gillmor said the only way something like this works is when there is a public /private partnership and he didn't want to see this railroaded off a cliff. He said people aren't going to get off 195 to look at fishing reels, what is happening is what was approved, rebuilding the fish house will come from the leases that are there, people will come to watch the fish come off the boat, buy it and eat it. Mayor Hill reiterated the City has no choice but to comply. Mr. Wright said there are two meetings to be scheduled within the next 30 days and they should have a good idea where the situation is and by the second meeting, know whether the plans will be in compliance. He suggested charging the City Manager to get back to them quickly with verbal agreements. Ms. Coy suggested meeting in two weeks and if the progress is not acceptable, it gives the City another meeting within the 30 days to fix things. Mr. Wolff said it is obvious the Planning and Zoning Commission had concerns as to what was going on, it was sad that so many people present at the meeting were vested in this, it was clear from tape that this was a result of poor legal counsel given to the management of the waterfront. The State is strict because they are not in the business of competing with businesses. The money is to help the commercial fishermen. 8 Regular City Council Meeting September 28, 2011 Page Nine Part of the justification is to include education for children and the retailing of products but in no way does the State want to get into the restaurant business. Between 60 and 90% fail within the first year. He said the people in the audience were misguided and the profits from selling the retail fish are going back to Crab -E Bill who might donate some to build the fish house. He said the retail seafood is safe but what's in question is the size of the restaurant, the capacity and what is allowed such as the live entertainment. He said hopefully there can be a smaller take out window and the other businesses will benefit from the spinoff. He said he felt bad for the individual that was going to get hurt but he was sure all parties could come to an agreement by the next meeting. MOTION by Ms. Coy and SECOND by Mayor Hill to direct staff to come up with a plan for the October 1 2th meeting that addresses concerns outlined by FDEP: restaurant operation, sit down bar, tiki bar and nightly live music. 8:46 pm Damien Gilliams said this could have been avoided, said a family is going to get financially hit, the lesson to be learned is that when the public comes to the podium let them speak as they are the ones that called the State, Council and staff has to take responsibility, the taxpayers are getting hit. He cited proposals to replace a roof but it was only repaired, said nobody was watching the ball, there was kitchen equipment installed and the City was the enabler. He said he was going to miss Mr. Wolff. Mayor Hill said the City put in $250,000, FLS put in $450,000 totaling $700,000 spent for renovating the property. Ms. Coy asked for an accounting of the renovations. Joe Scozzari said Council are the fathers of City of Sebastian, asked why the Mayor didn't go to the State to get this rectified, and why the public had to go. He said Bill is a great guy, with nice fish, and cooking it up doesn't make it a restaurant, keep the common area. He said Council needs to take the blame. Mayor Hill said the tone is off, there is not a lot of difference in what is going on and what will go on, he will take the blame because he is proud of the project and at the end of the day, people will spend the day on the river. He said this is wonderful for the City and its citizens. John Campbell, Sebastian Taxpayer Alliance, thanked Council for supporting recent actions to ensure the project is carried out in accordance with the management plan, it shows commitment and fiduciary responsibility to the taxpayers. He said what they heard tonight is that a timely response and completion of the project is coming and it will meet all conditions of the FCT letter, and Council has their full support to see this come to fruition. Bill Tiedge, Crab -E Bill, said he was upset with what is going on, for the first couple of weeks people have been saying this is the best thing for Sebastian, he believes everyone has good intentions with this project, it will take several phases over a couple of years, the education is the next phase, he will to do what it takes to bring in a fresh variety of seafood to the City. He said the market has always taught adults and children about seafood, cooking seafood and we have to make it work, failure is not option. 9 Regular City Council Meeting September 28, 2011 Page Ten 9:00 pm Lisanne Robinson, resident, CRA business owner, not part of the Coalition, Working Waterfront Committee Member said everyone's intentions are good, everyone's interpretation might be a little different, but limited food service at 161/2% of the entire project is what she came up with. She said Mr. Sembler has done a fantastic job on the property, he was asked to do the building first, the fish house is coming from the lease holders, it is only 40% done, let's wait for the other 60 %. She said the State is trying to do this for what has been done to the fishermen, the $36,000 going back to City annually is a better deal than the property taxes from one of the riverfront entities, we should bring it into compliance, there is a creative group that can change it into viable business and thinking big is a good thing. John Manson, Sebastian, borrowed Mr. Wright's management plan and cited page 3, "generating new tax bases, bolster local economy through food, beverage, motel /hotel sales and most importantly job creation;" noted the restaurant did create 44 jobs, the fish is good and fresh, said keep it open and keep everybody working. Ms. Coy said everything done in the CRA district is to bolster the economy and advised him to read the grant conditions. Mayor Hill said no one is planning to close anyone down. Barbara Salmon, Working Waterfront Committee Member said she was part of creating the management plan, there was always discussion of food service and the scope of it is what is ancillary, because everyone got up in arms, the State came in and said we need to comply, this is to be an incubator to start a boon to the waterfront. Ben Hocker, Sebastian said Mr. Sembler had to use his own funds to improve the property and his lease was adjusted to $1,000. Mr. Sembler turned in receipts for a quarter million dollars worth of improvements, he receives $3,000 a month from Bill Tiedge, and in turn, Bill Tiedge receives $2,000 a month from Debbie McManus. He asked why the figure of $36,000 keeps popping up. He asked how the City is benefiting from receiving $12,000 a year for this purchase. 916 pm The City Manager said with his explanation he would refer to FLS as the lessee, the Fish Market as the sublease, and the eatery as the sub - sublease. The City has a lease with FLS for them to pay $1,000 a month and the payments can be credits to improvements at Hurricane Harbor or the Dabrowski property. The lease states the City expects the lessee to lease the property and the money generated is to stay with the lessee to improve the property. The rent for the fish market area will be $3,000 a month which is the $36,000 that goes to FLS to make improvements and perpetually run the working waterfront. The sub sublease does not give a direct ratio for the rent but states whatever is collected from a sublease is passed back to FLS so the top dollar is slightly more than $36,000 because there is a ratio allowed for FLS improvements. 10 Regular City Council Meeting September 28, 2011 Page Eleven Sal Neglia said he was concerned with the funding needed and sources to improve the Dabrowski property. He said they are not close to success because the museum and teaching opportunities haven't been done. He said it has been mentioned the County wants to partner with the City on restoring the Archie Smith fish house where Mr. Gillmor said he would like to see a tackle shop but noted there are already two in town. Mayor Hill reminded everyone the focus is getting into compliance with the State. Debby McManus said they are the family that will be held responsible for what is going on, she was not told about the terms of the grant, she is not subsidized by the State, she is spending money in Sebastian, she has been battered by the newspaper, other local businesses and people who have never stepped foot into the restaurant. She said not one person spoke up while she was preparing the restaurant, the management plan allows six tables, and from her lease at the railing, there are four tables and then the bottom level and outside are common areas. She stated she was putting the City on notice that she will be getting representation. She said there needs to be clarification to the other waterfront businesses, it wasn't fair that everyone says `look what a good thing they've done' while she goes under since she has put in $100,000 worth of kitchen equipment and will not make it as a concession stand. Ms. Coy said she tried to talk to her twice, and now they are not allowed to talk to her or Crab -E Bill and she feels badly. Brad White, 449 Easy Street, said he has a copy of the FCT letter and it does not say it is a violation of the grant, but rather the management plan which is the City's own restrictions. Mr. Wright said the management plan is part of the grant by inclusion. Mr. White suggested revising the plan to better fit the businesses. Mr. Wright said interpretation would be part of the negotiation with the State. Ms. Coy said the declaration of restrictive covenants is part of the grant. 9:36 pm The City Clerk repeated the motion, "To direct the staff to come back with a plan no later than October 12th that addresses the concerns outlined in the DEP letter date 9/27 regards restaurant, sit down bar, tiki bar and nightly live music." Mr. Wright said we are looking for FLS and the tenants to come up with an agreement with staff to be in compliance and move forward with the grant. MODIFIED MOTION by Ms. Coy to include a provision that all FLS and all sublessees must agree to the plan that is bought back to Council. SECOND by Mayor Hill. Mr. Gillmor suggested two weeks is too short to negotiate the whole thing. The City Manager said the City Attorney, Charlie Sembler, Rich Stringer, Bill Tiedge, and Debbie McManus need to sit down with him, he will represent the consensus of what Council will do and in two weeks be very close to a plan. Mr. Wright said his report should be based on the negotiations that will happen so they can see where they are. 11 Regular City Council Meeting September 28, 2011 Page Twelve Mr. Wolff asked when Mr. Sembler indicated he would fly in. The City Manager said he is in a remedial toxic clean up situation out of state, hoped to leave his location on Saturday and be in Sebastian next week. Result of the roll call: AYES: Coy, Wolff, Hill, Wright NAYS: Gillmor Passed 4 -1. 11. PUBLIC INPUT Rick Skirvin, representating Global Lifeguards said he would like to propose an event at the Sebastian Airport on October 29th called Brian's Ride, which was a successful event last year. He asked for a positive note of approval to meet advertising requirements. Mayor Hill advised him to get with the City Manager. In response to Mr. Wolff, he said all of the profits would be donated back to the children of fire fighters. Damien Gilliams said he can be reached at Damienlovessebastian.com. Mayor Hill advised him not to state his campaign address again. Mr. Gilliams asked Mayor Hill to pay for his own travel to the Florida League of Cities convention out of his $300.00 a month allowance, asked how the City can enforce overgrown lots when the County isn't mowing CR512; there should be an emergency meeting to increase home sales; if more people recycled there would be less in the landfill; he cited repairs completed at the Hurricane Harbor noting the lift station has not been accounted for; and requested the City's checkbook be on the Internet. MOTION by Mr. Wright and SECOND by Mr. Wolff to extend the meeting until 10:30 passed with a voice vote of 5 -0. 12. NEW BUSINESS pgs 74 -77 A. Resolution No. R -11 -25 General Fund Forecast (City Manager Transmittal, R- 11 -25) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA MEMORIALIZING FISCAL YEAR 2012 LONG RANGE GENERAL FUND FORECASTS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title of Resolution No. R- 11 -25. The City Manager said this is new and more of a staff tool, but since there is no economic relief in sight it would be good to memorialize where the City is, to show the community what we are trying to do on a long term basis. MOTION by Mr. Wright and SECONF by Mr. Wolff to approve Resolution R- 11 -25. Result of the roll call: AYES: All NAYS: None Passed 5 -0 12 Regular City Council Meeting September 28, 2011 Page Thirteen 13. CITY ATTORNEY MATTERS The City Attorney reported that in recognition of Constitution Week he spoke to six classes of eighth graders at Storm Grove Middle School on September 19th on the Constitution and the Declaration of Independence. 14. CITY MANAGER MATTERS — none. 15. CITY CLERK MATTERS The City Clerk announced the upcoming SPOA candidate forum on October 13th from 7:00 p.m. to 9:00 p.m. and the Chamber of Commerce forum on October 19th from 7:00 p.m. to 9:00 p.m. which will be broadcast live on Channel 25 COS -TV. 16. CITY COUNCIL MATTERS A. Council Member Gillmor Mr. Gillmor said he would like to agendize what might be reasonable to activate the City's Economic Development Office under Joe Griffin, Economic Director. Mayor Hill suggested having the City Manager outline his position description. Ms. Coy suggested having the Economic Development Director come to Council with ideas. B. Council Member Wolff In regarding the Mr. Skirvin's request to hold the event at the Airport, Mr. Wolff said we need to keep money in the community and he wasn't aware of any fallen Indian River County firefighters. He said the clambake helps the local community, the Latin festival is helping the Charter School and if we are going to have a thousand people attending we should make sure the dollars are going to be responsibly distributed and we need to ask to give Mr. Skirvin a responsible answer. C. Mayor Hill Mayor Hill said they agreed across the board in regard to the working waterfront and looked forward to working further with this Council. D. Vice Mayor Wright Mr. Wright said the North County Business Development Committee has been meeting monthly and at the last meeting, they discussed getting a plan together to promote Sebastian which tied into his request to review advertising expenses at the last two Council meetings. He said in the Economic Development Element of the Comprehensive Plan was adopted six months ago and we haven't done anything with it yet as there has been different priorities and changes in the organization but the Economic Development Director should begin to work on the plan. He said his Committee has been trying to raise private money to supplement City funds to utilize the power of cooperative of the city businesses to maximize advertisement. Mr. Wolff said he was interested in the $10,000 the Chamber spent on the aviation website and asked if he wanted to have commercial businesses advertising on the City's website. Mr. Wright said loop -net site so anyone looking for land could contact the City. Mr. Wolff asked if there would be a City booth at the Latin Festival. 13 Regular City Council Meeting September 28, 2011 Page Fourteen Mr. Wright said he would like to bring focus to the plan and get ready to go. E. Council Member Coy Ms. Coy said she sat silent for 30 days on working waterfront issues and she is committed and positive the City will resolve it to everyone's satisfaction. 7. Being no further business, Mayor Hill adjourned the meeting at 10:15 p.m. Approved at the October 14, 2011 Regular City Council meeting. ATTE Sally A. Mai %, MMC — City Clerk 14 4 QROiEC114N g '‘ g FLORIDA , September 27, 2011 Mr. Al )dinner, City :Manager City of Sebastian 1225 Main Street Sebastian, Florida 32300 -1600 Florida Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Bo& kvard Tallahassee, Florida 32399 -3000 Re: Compliance warning: Restaurant and related activities FCT project: 08- 003 -W1\'1 Sebastian 11`orking Waterfront Dear Mr. Nfinner: Regarding activities taking place at the City of Sebastian Working Waterfront project site (City), the City's Declaration of Restrictive Covenants requires that all leases and subleases be reviewed and approved by the Florida Cominunities Trust (FCT) prior to execution and that all activities on the site shall be consistent with the approved management plan. The City's working waterfront leases and subleases were executed without the required FL1 review and approval. FCT legal counsel is reviewing the leases now, and it appears some minor changes are needed. FCT is preparing addenda to the leases, which will need to be executed by the appropriate parties. In addition, the City's management plan allows limited food service in conjunction 'with the fish market, and approximately six tables. 1t does not allow for a restaurant operation, sit -down bar, Tiki bar or nightly live music which you currently have. This is a warning notice that the City is in violation of the Declaration of Restrictive Covenants and the approved management plan. Within 30 days, please provide FCl' a plan for corrective actions to resolve the issues of the restaurant and bar operation and nightly live music. Ii we do not receive satisfactory response in 30 days, an official notice of violation will be issued. If you have any questions, please contact Grant Gelhardt at (850) 245 -2669. Sincerely, Clay 5rnallwood Director Division of State Lands CS /gg /s /7