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HomeMy WebLinkAbout10122011- w HOME OF PELICAN ISLAND Cf1YOF SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 12, 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. A moment of silence was held. 3. Pledge of Allegiance was led by Girl Scout Troop 50043. 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 Planner, Dorri Bosworth Finance Director, Ken Killgore Police Chief, Michelle Morris 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. A. Proclamation — Arts and Humanities Month — Accepted by Cultural Council Chairman, Barbara Hoffman and Treasurer, Donna Lindsay Mayor Hill read and presented the proclamation to Cultural Council Chairman, Barbara Hoffman. Regular City Council Meeting October 12, 2011 Page Two B. Brief Announcements Ms. Coy thanked everyone who tried to make the Latin Festival a success despite the bad weather, citing the Sharks Marching Band, the City Manager and Mr. Griffin; and Mayor Hill thanked the Public Works Department. 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 6 -19 A. Approval of Minutes — 9/28/11 Regular Meeting pgs 20 B. Christmas Parade Street Closings — December 3, 2011 (City Clerk Transmittal) pgs 21 -26 C. Approve Purchase of Toro 3150 Riding Triplex Greens Mower for Golf Course in from Hector Turf, Deerfield Beach the Amount of $23,406.00 — Sole Source and Below State Contract Price (Golf Course Transmittal, Quote, Letter) Ms. Coy removed item C. MOTION by Mr. Gillmor and Mr. Wright to approve items A and B passed on a voice vote of 5 -0. Ms. Coy clarified that the mower was being purchased for the Golf Course with Golf Course enterprise funds. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve item C. Roll call result: 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. pgs 27 -33 A. Construction Board Interview, Unless Waived, Submit Nominations for One Expired Concerned Citizen Position — Term to Expire 9/30/2014 Mayor Hill noted that there was only one applicant. Nomination by Mr. Wright and Ms. Coy to approve Jean Carbano. Ms. Carbano was appointed for another term that will expire 9/30/2014. 2 Regular City Council Meeting October 12, 2011 Page Three 9. QUASI- JUDICIAL HEARING pgs 34 -115 A. Hearing on Appeal of Planning and Zoning Commission Approval of Clams `R' Us Site Plan (Community Development Transmittal, Memo, Order, Letter, Minutes, Two P &Z Packets) The City Attorney read the title of the item noting the record is pages 34 -115 of the packet. Mayor Hill opened the hearing and read instructions for the hearing, which advised that the hearing is limited to the record before them which came forward from the Planning and Zoning (P &Z) hearing and Council can reverse or uphold the P & Z decision as a matter of law. No member of Council had ex -parte communications to disclose. Upon the advice of the City Attorney, who said that although no new testimony was to be given, the City Clerk swore in all those who intended to address Council. The Community Development Director said the site plan application was submitted in September 2009 to Growth Management, was submitted to Planning and Zoning on March 17, 2011, at which time P & Z requested additional items of the appellee, it came back before P & Z in August and was approved by 4 -3 vote. He said the appellant submitted an appeal to that decision and noted the site plan approval in question is on pages 104 -115 as approved on August 4, 2011. Mayor Hill asked if it would be appropriate to set a time limit of 15 minutes, and the City Attorney advised 15 minutes for each side. Michael McNerney, unit owner within the three story condominium structure across the street from the subject property, said he thought Planning and Zoning made three errors in approving the site plan by a 4 -3 vote, noting the record from the August 4th meeting supports the finding of those errors. He said there was no competent evidence to address three major points made by people, and there was no basis to make the decision. He said he had an excerpt of the hearing on video disk and would like to play it. He said when the site plan first came before P & Z, it was sent back because of the size of the structure and then came back in August with no change in size, but actually larger because they took a slab and put a roof on it to count within the square footage of the house, and the size issue was not addressed at all when it returned. He said the record is replete with references and facts about the landscaping, there is a dispute on the landscape waiver, the Chair confirmed it was sent back because of the size, and when the issue of trees was raised, the testimony was no one thought they would live, the applicant said it didn't matter if they died, and members of P & Z pointed out they wouldn't live, so the question of landscaping was not supported by the record. He said the third issue was raised by the P & Z Chairman that the development of the site with residential use is inconsistent with the City's plans from Main Street up to Jackson, to develop a tourist area, and that was the portion of the meeting he wanted to play for them. He recapped the objections as the size of the building, trees not meeting landscape requirements, and the use not being consistent with the strip there and having a single family home there would kill the plans. 3 Regular City Council Meeting October 12, 2011 Page Four Attorney Doug Vitunac, representing the appellee, opposed the playing of the video since it was not in the original record. The City Attorney advised City Council to take his motion under advisement, and not rule on it now. He said it is first up to the Chair and then Council whether they wish to hear this statement, noting it was part of the August hearing but that the appellant had not provided a written transcript to Council. Mayor Hill said he would allow the tape to be played. The video excerpt from the August 4, 2011 P & Z meeting was played. Chairman Dodd is heard citing LDC Section 54- 4.18.1 subsection (3) regarding intent of a site plan, specifically "development is compatible and coordinated with existing and anticipated development within the immediate area surrounding the site" and further stating this is a large house on a small footprint, the City has invested money for tourism in this area to generate tax revenues and bring tourists to the City, he sees this as Sebastian's Miracle Mile and the City can build a tourist mecca. He said he had proposed four months ago to ask City Council to remove single family residences in that area, that this site plan was inconsistent with that section and the Commission should deny it. Mr. McNerny said this is a large house on a small footprint with a clam business behind the house; Phase 1 is the clam operation but there is no rendering in the record of what this is going to look like. He closed by stating the record is deficient, there will be no house for some period of time and that ought to be considered. Attorney Doug Vitunac, 1756 Beachland Boulevard, Vero Beach, said Mr. McNerny actually raised 4 points. He said that it was sent back due to size was a subjective opinion, that the code has requirements his client has to meet and the staff report shows this is a 1500 square foot building on a .44 acre lot, with 11.2% building coverage. He stated the second point is there is nothing in the record on the appellees' side where someone says we don't think trees will live, that landscaping was reworked in response to P & Z, citing minutes on pages 50 and 57 of the agenda packet. He stated the third point was about the opinion expressed by Chairman Dodd at the meeting, where essentially he said if the City isn't going to make enough money is a reason for denial, noting the district is zoned for single family development which is on the record as well. He said the neighbors want no development and Chairman Dodd wants more development. For the record, he stated his objection to the appeal itself, stating no one from the Condo Association appeared at the August 4th meeting and the appeal should be denied on that alone, that no one spoke in objection and asked if Mr. McNerny was authorized to represent other owners. He said the appellee was deprived of the chance to cross examine Mr. Dodd. He said staff's finding of facts say requirements were followed (page 56 of agenda packet). He said in response to P & Z concerns about elevation, the appellee had them designed by architect, Amy Banov (page 53 of agenda packet) and Ms. Banov presented testimony and staff member Dorri Bosworth stated that it met the of the old fishing village style. Attorney Vitunac responded to the fourth point made by the appellant, stating the LDC provides for phased plans, that all work on Phase I will be a benefit to the land, storm water, that non - native species will be removed, and there will be shore line stabilization, 4 Regular City Council Meeting October 12, 2011 Page Five so those concerns are not relevant. He said the Condo Association says there should be landscaping and concrete installed prior to Phase I which would not make sense, because no one could get in if all landscaping was installed. He stated in Florida the appellee is entitled to know what is going to be argued, it's not an objective appeal, and does not cite Code Sections, that the development meets all requirements of the Code, citing agenda packet pages 49, 50, stating on the other side is speculation. He then cited pages 38, 64 and 65 in regard to the number of agency permits required and obtained. He said this has been a long term project and we have an appellant trying to negate a project by paying $175 and writing a letter. He noted Mr. Sembler has said this protects an independent way of life and not a government way. He urged them to move for denial of the appeal, and said they would take the position if they sent it back to P & Z their response would be that they have exhausted administrative remedies, and would take it to circuit court. Joe Weisman, appellee and property owner, said as the last point, the dock is substantially the clam operation which is approved by the Governor and cabinet, each one of the agencies approved it, and the dock is in the plan. Mr. McNerny, in his rebuttal, said it's true the site is .44 acres but half of it is wetlands, when it was stated that the structure was too big and it was sent back they made no changes to the size, there is no refuting that the statement was made at P & Z that the trees won't survive is in the record, that he did not say the dock was wrong but that we don't know what it looks like, and that it was stated the dock was approved by the Governor, but what does the clamming operation look like. He said as to the issue about incompatibility, it is based on the P & Z Chairman reading the Statute on what is allowed in the area, and that he had also read the Statute. He said we can make comments about our feelings but we wouldn't get very far, and that he was trying to point out deficiencies in the record and requested it be sent back to P & Z and establish record to address these points. Mayor Hill closed the hearing at 7:14 pm and said it is time for Council deliberation, and it was Council's responsibility to decide if the P & Z decision was legal and have we been shown something not legal and is there a legal basis to overturn the P & Z decision. Ms. Coy addressed the Community Development Director, asking if mixed use is permissible on the riverfront, and he said yes. She asked about the building height, he said 25 feet, which is the limit, covering 11.2% of the lot. Ms. Coy pointed out that if a tree dies property owners are required by Code Enforcement to replace the tree. The Community Development Director confirmed that was true but there was no evidence that the trees would die and the appellant did not ask for any landscaping waivers. Ms. Coy said she couldn't find anything presented that was done wrong at P & Z and though they may have different opinions, their decision was to approve the plan. Mr. Gillmor asked about Attorney Vitunac's statement that he was not able to depose P & Z Chairman Dodd or the condo owners. 5 Regular City Council Meeting October 12, 2011 Page Six The City Attorney explained in a quasi - judicial hearing one party would have the right to cross examine, objections made are taken seriously by the Court, which is the reason he suggested Council take Mr. Vitunac's motions under advisement, it may not be necessary to preclude the motion, which may proceed in Court, Council has the alternative to deal with those issues and deal with merits so a review in Court would have the benefit of Council's review of the objections and merits, and they can deal with that which is why he suggested listening to the full appellant presentation. Mr. Gillmor pointed out the riverfront area does allow for residential development, the law provides for residential use and he thought Council would have to deny the appeal. Mr. Wright said there was a request to adjust the size of the building but there were no facts that the size was out of scope, it seems the P & Z wanted it reduced because of aesthetic reasons, and asked if that was correct. The Community Development Director explained the building is allowed up to 30% of lot coverage, this is 11.2% and when it went back, P & Z requested a change to the elevation. He also confirmed the building is limited to 25 feet in height. In response to Mr. Wright, the Community Development Director said there was no discussion regarding the possibility of the landscaping dying. Mr. Wright cited the mixed use along the waterfront noting this is not inconsistent; and asked if P & Z ever considered removing single family residences from the district. The Community Development Director said it has been under discussions, but not voted on. Mr. Wright said he could not find any legal reasons to uphold the appeal. In response to Mr. Wolff, the Community Development Director said 2,858 square feet of the house is under air. Mr. Wolff pointed out the parcel is just slightly smaller than a Highlands lot so it wasn't out of the ordinary; he didn't see how it doesn't conform to the area; and it would be disingenuous to say if trees die they will be replaced, but it will be legal when the c.o. is issued. Mr. Wolff said he couldn't understand how to get approval of a structure without having details of the structure. The Community Development Direct explained the appellant went through a long process with Department of Agriculture to get approval. The Zoning Technician explained phase 1 would be the retaining wall, and stormwater; phase 2 would be the docks and aquaculture (updwellers and raceways) which is not pictured but the layout is pictured. Mr. Wolff said he thought the garage would stand alone until the house was built and the Zoning Technician said only one of the garages will be built to be used for tools, and a location for the clams to be dropped- off /picked -up. Mr. Wolff asked if attendance was mandated to file an appeal. The City Attorney said he thought so, but if they were to make that ruling initially, they run the risk of having the Court disagreeing with him and send the whole matter back —but they allowed the hearing to go forward and the appellant to make his case spending half an hour instead of a year or two of potential delays, issues, and problems. In response to Mr. Wolff, the Community Development Director said there would not be a sign erected saying "Clams R Us." Mr. Wolff said he took exception to Mr. Vitunac's statement that government was in the way; otherwise, the river would be barren and we would need attorneys because there would be safety violations. 6 Regular City Council Meeting October 12, 2011 Page Seven He said he initially objected to the phasing, but since there won't be a structure, he did not have any objections to this project moving ahead. MOTION by Mr. Gillmor and SECOND by Mr. Wright to deny the appeal. Roll call result: Ayes: All Nays: None Passed 5 -0 Mayor Hill called for a recess at 7:38 p.m. and reconvened the meeting at 7:50 p.m. All members were present. 10. UNFINISHED BUSINESS pgs 116 A. Working Waterfront Update (City Manager Transmittal) The City Manager said since the FCT compliance letter came out, staff has had several discussions with the tenants and in response the FCT delineated the intent of business plan as follows: music in the common area should be governed by a Special Event Permit and should be in direct support of "Working Waterfront" activities, such as fundraisers for nonprofit commercial fishing organizations, commercial fishing heritage festivals, and seafood festivals. the television screens or similar projections are to be used on the outside deck, it should be limited to direct support of "Working Waterfront" activities, such as education history or commercial fishing in Florida the food serving activity on site should not be referenced to as a restaurant, keeping in the nature of seafood shack, seafood eatery or seafood cafe delete all reference to bar and restaurant on the property and in the leases, subleases related to the grant all tenants and subtenants should become members of the state marketing campaign, Florida Fresh — linking efforts between the market and eatery the existing bar should be identified should be limited seating of 8 to 10 seats with eatery service the food service area should have six tables with 4 seats total eatery service for 24 -32 people He recommended Council accept FCT's determination and said he would like to move forward by having another meeting with FLS tomorrow at 11:00 a.m., formalize it with a letter or memo of understanding, and modify or rewrite the business plan within 30 days. He said other issues to cover will be how the final amenities will be built; noting time would probably need to be extended on those, and tackle any other issues that might come up. 7 Regular City Council Meeting October 12, 2011 Page Eight The City Manager said the State is permitting the City to operate as we deem appropriate but Debbie McManus has asked for a music grace period for five dates that have already been booked. He said those events should be allowed to go on but no more until the other amenities are constructed. Mr. Wolff said musicians are notoriously unreliable and not paid in advance; to lead Council that they have been paid is a breach of good faith. Mr. Wright said it would be worth it to see if there are cancelation penalties involved. Mayor Hill stated the State has given a definitive outline that we need to take and we will have to come into conformity. 8:05 pm Public Input Sal Neglia cited an eighth point from FCT included is the submission of a site plan showing all existing and proposed activities. The City Manager confirmed that would be included in the business plan revision. Barbara Salmon, Sebastian, said the music is in the common area like a free concert; and musicians are typically booked through a booking agency so the events have been scheduled. Mayor Hill clarified the special events are to be by FLS and not the eatery. The City Manager said that was correct, the music is to permitted as a special use with the sole purpose of generating revenue for working waterfront or FLS fundraiser. Mr. Wolff pointed out the letter from FLS's attorney states it could be argued that the whole project could be considered a fundraiser. The City Manager stated the City didn't agree with that position, that music on a regular basis would be in non - compliance. The City Manager reiterated if a special event generates funds for FLS that would be permitted. David DeVirgilio, Sebastian, said we should never have come to this point; and he hoped someone oversees this in the future to make sure we comply. Dave Walton, Sebastian asked if FLS pays taxes. Mayor Hill explained the City owns the property, along with many other properties involved in private enterprises, and they do not pay ad valorem taxes. Mr. Walton said when he moved to Sebastian he worked with the City to put up a sports bar but wasn't able to get anywhere because of parking, drainage, and complaints from neighbors. He said he didn't see any landscaping bids come out for this site as his son is a landscaper; and a good landscaper will guarantee installed plants. He said everyone was involved in the non - compliance and asked if there was anything in place to prevent it from happening again. Damien Gilliams, Sebastian, said the point Mr. Walton was trying to make is when a corporation is subsidized by the government, it is not a fair playing field and the two leases are not paying fair market value. He suggested there should be established hours of operation so there isn't competition with the existing businesses; Council is not doing due diligence and it is tearing up the community; everybody needs to learn because Council is affecting peoples' lives; Council cannot reward people for not complying with stormwater management and landscaping; property sitting for six months must be brought into compliance and he asked why the City is looking the other way. Mayor Hill said the City is getting fair market value and taking steps to make it right. 8 Regular City Council Meeting October 12, 2011 Page Nine Greg Hepler, 1291 Barber Street, said people have forgotten the museum, asked when will they see how to build a crab trap, and will there be a curator building. He said he is not opposed to the project; but he would like to see other businesses incorporated to the fish market. Mayor Hill replied those are part of the Hurricane Harbor building and are in the works. Bill Tiedge said there is a museum in the seafood market, there is a lot more to come, he is selling to other local restaurants and he is hearing that this is best thing to happen in Sebastian. Ms. Coy asked why the City needs to rewrite the business plan. The City Manager stated the State said leases are sufficient but the intent wasn't clearly delineated in the business plan, so they request the modification to support, define, and guide the operations. Ms. Coy said the Stan Mayfield grant has two recipients in Florida and by going on -line to www.MsApplesCrabShack.com you can get an idea of what is expected. She said the music should be very specific, she disagreed that the site itself is a fundraiser, and if they waiver on the music the lawyers will step in again to figure it out. She also said it is clear the bar isn't supposed to be there as the goal is to have families come through to watch the fishermen. MOTION by Ms. Coy to instruct staff to bring the working waterfront into compliance in accordance with the instructions contained in the e-mail dated Tuesday, October 11th effective immediately, all activities not in compliance need to cease. MOTION DIED for lack of second. MOTION by Mr. Gillmor to go with staff's recommendation, have the City Manager work to bring things into compliance. Mayor Hill asked if that included the City Manager's plan to draft a MOU to the State and rewrite the business plan within 30 days. Mr. Gillmor said it did. SECOND by Mayor Hill. Ms. Coy asked them to add compliance by the next meeting, October 26th. Mayor Hill said that we have 30 days to come up with a plan and we may be able to come into compliance before then. The City Manager said he felt very comfortable that on October 26th FLS will make modifications, there will be a memorandum of understanding, and if the tenants can't come into compliance, the City will issue notice of violation. Mr. Wright said the hours of operation need to be part of the order as they go forward and asked what happens if the tenants don't follow the regulations - -there should be a medium level fine. He asked for clarification of the table service seating area and suggested discontinuance of the Working Waterfront Committee and have the new president, Tim Adams, form a committee of businessmen that will support his operation to fulfill the plan and dreams that we have. He also requested a plan for when the additional amenities will be completed. He said the agreements should be conceptual on October 26th so we know where we stand. He requested information on cancelation penalties for the booked events. Mr. Wolff agreed with all of Mr. Wright's points - -there should be hours of operation; there has to be enforcement as there hasn't been compliance to date. He explained the fine shouldn't be an additional amount to the monthly lease as the in -kind value for the receipts submitted to date total $400,000 so it is a wash for some time; the fine has to be cash money. 9 Regular City Council Meeting October 12, 2011 Page Ten He said a definitive understanding of the table service will lead to a clear operation and success. In regard to the bar, he said the emphasis was education, cultural heritage and we cannot condone school children visiting an operating bar as there are children whose parents drink and they deserve to be educated and not observe what occurs in the home. He requested the definition of what the bar means. Mr. Gillmor said he found Mr. Wolff's objection to bar disingenuous because he voted to serving beer at an event sponsored by the Charter Jr. High. Mr. Wolff explained the beneficiary was a school, it was held on the weekend and there was no mandatory attendance. Mr. Wolff offered to have Mr. Gillmor call him a hypocrite, but if there is a functioning bar, he will take 100% of his efforts in front of the school board and leaders of the community to ensure that Indian River County school children do not take field trips to a place with a working bar. Ms. Coy said the Charter Jr. High school requested the service of alcohol. She agreed that she couldn't envision a school bus full of children witnessing an unruly group. Mr. Gillmor called for the question. In response to the Mayor, the City Attorney said that was at his discretion and he allowed Mr. Wolff to continue. Mr. Wolff said he was asking for the definition of table service, bar service, and museum expectations. He said FLS needs time to raise money, form a committee amongst themselves; Mr. Adams will bring in talent, the amenities will happen quickly and it is going in the right direction. He said the City Manager thought the fish house would cost $250,000 so there will have to be a lot of fund raising with a time line out in the future. Mr. Wright said he would be looking for cooperation during school trips by closing the bar. Mayor Hill and Mr. Wolff agreed. Mayor Hill reiterated the motion was to direct the City Manager to obtain compliance as the State requires with the input received this evening. Mr. Wright said he would like to see a report back at the next meeting. Mr. Gillmor agreed to AMEND his motion to include the report and this was SECONDED by Mayor Hill. The City Clerk stated the motion was to go with staff recommendation bring project into compliance with a report of the progress presented at the October 26th meeting. Mr. Wright asked that the additional comments be included and Mayor Hill pointed out the City Manager would have failed if he did not include everything. Roll call result: Ayes: All Nays: None Passed 5 -0 11. PUBLIC INPUT Bruce Zingman, Sebastian, thanked Council for consenting to the Christmas Parade on December 3rd; announced the Sebastian Property Owners Candidates Forum to held tomorrow night at 7:00 p.m. in these chambers that will be televised. 10 Regular City Council Meeting October 12, 2011 Page Eleven Damien Gilliams, said when someone is in violation, they come into compliance first and negotiate later so it is backwards with the working waterfront business plan. Ms. Coy called for a point of order citing this topic was previously on the agenda. Mayor Hill allowed him to continue. Mr. Gilliams said compliance should be done immediately; alcohol should not be served on this property; when the City does property waivers, it should be done for all vacant properties to start new businesses so they don't have to bring in storm water engineering and landscaping plans because the City isn't conforming to their own regulations. He said people are leaving this town, being harassed about petty stuff such as flags; one gentleman lost a tenant to incorrect parking requirements; he has units sitting vacant and it has to stop. 12. NEW BUSINESS pgs 117 A. Approve Go -Line Grant Contribution as Requested, Subject to FY 2012 and 2013 Appropriations (City Manager Transmittal) The City Manager said he would like to formally execute the expenditure for fiscal year 2012. Ms. Coy said she was disappointed that Vero Beach doesn't contribute; she would consider half -price at $25,000 for six months to put pressure on Karen Deigl. Mr. Wolff asked her if she saw in the newspaper that Vero Beach complained that the Go -Line was late in installing the bus shelter and Vero hasn't put in a nickel. Mr. Gillmor said they are doing an in -kind donation of land for the hub; and explained each dollar in the grant is matched so a lower amount will mean a lower grant. Mr. Wright said he found it objectionable that Vero Beach doesn't contribute, Council asked Karen Deigl to come back with information and they received their answer from the newspaper; he would approve this year but this may be last time, that it should be funded by County. Mr. Wolff commended Mr. Wright as it was reported that Commissioner Solari wanted to derail the train but he was afraid it would jeopardize the Go -Line. He said it is a valuable resource but how the $50,000 was taken from the employees' health care package is not a sustainable program. Mayor Hill said the money was coming from local option gas tax. The City Manager said it was coming from the local option gas tax to reduce the transfer from local option gas tax to the general fund. Mr. Wolff clarified the City Manager said at a previous meeting it was coming from the employee health care savings. The City Manager said undeniable there is an indisputable relationship between all general fund transfers and special fund transfers that does affect how we pay for items in the general fund. MOTION by Mr. Gillmor and SECOND by Mayor Hill to approve the one time appropriation of $50,000 for fiscal year 2012 to the Go -Line service. The City Clerk noted for the record there was an error in the title of the agenda item, it was only supposed to read FY2012. 11 Regular City Council Meeting October 12, 2011 Page Twelve Damien Gilliams said the service is essential, we should take into consideration what Vero Beach does, need to think ahead maybe go to the clam bake and figure out how to get it funded in the future. David DeVirgilio, Sebastian, member of the Metropolitan Planning Organization's Citizen Advisory Committee, said there has been discussion to charge people but it would be a great opportunity for people to ride for free. Ms. Coy said it was an all day affair to get to Vero or Ft. Pierce; if a bus stops at a hub it is counted unfairly as two trips in the ridership count; she knows we are not getting our fair share out of this yet Sebastian and Fellsmere need it the most; she will support it but object because they are not dealing with the City any better as we don't have the shelters or service. Roll call result: Ayes: All Nays: None Passed 5 -0 pgs 118 -167 B. Adopt Resolution No. R -11 -26 — PEA Collective Bargaining Agreement (Administrative Services Transmittal, R- 11 -26, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA PUBLIC EMPLOYEES ASSOCIATION (CFPEA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2013; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTION IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Resolution No. R- 11 -26. The City Manager said the PEA passed the two year contract and briefly outlined the changes. He said to give employees a foresight, the negotiations have identified a benchmark for the assessed value of FY12 and if number is above that, there would be more revenue to re- discuss benefits. If it is below, we have defined the minimization of benefits in year two of the contract. MOTION Mr. Wright and SECOND by Ms. Coy to adopt Resolution R -11 -26 PEA agreement. Damien Gilliams said Council is asking the employees to do more but giving them less, they need a strategic plan because employees shouldn't have to go for two more years, suggested Council forego their salaries to put a fire under their feet to focus. Mr. Gillmor said when things do improve there will have to be a super COLA; said he was going to support this but they need to look to the future. Mayor Hill and Ms. Coy thanked staff for putting this contract forward, noting there are a lot of folks without any income, they appreciate each cut the employees receive. Mr. Wolff said there are funds for capital improvements and there are calls for more that come with maintenance which comes back to doing more with less and going forward Council needs to be cognizant. 12 Regular City Council Meeting October 12, 2011 Page Thirteen Mr. Wright said they put in a trigger to readjust the contracts, and have discussed goals to recapture general fund money so Council is asking employees to stick with them and when funds are there we are preparing to give something back. Roll call result: Ayes: All Nays: None Passed 5 -0 pgs 168 -241 C. Adopt Resolution No. R -11 -27 — PBA Collective Bargaining Agreement (Administrative Services Transmittal, R- 11 -27, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. (CFPBA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2013; PROVIDING FOR 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 approve Resolution No. R- 11 -27. The City Attorney read the title of Resolution No. R- 11 -27. Damien Gilliams said the Police Department saved the citizens $250,000 a year with their citizens academy and asked why it can't be done at City Hall, he thanked the Department for saving money. Ms. Coy and Mayor Hill thanked the Police Department and volunteers. Roll call result: Ayes: All Nays: None Passed 5 -0 pgs 242 -247 D. Exempt Employees Management Benefits Package (City Manager Transmittal, Policy) The City Manager said the package marries the PEA benefits to department heads and middle management and recommended approval. He pointed out this has never been before Council but he wanted to memorialize the changes. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve the exempt employees package. Roll call result: Ayes: All Nays: None Passed 5 -0 13 Regular City Council Meeting October 12, 2011 Page Fourteen pgs 248 -250 E. First Reading Ordinance No. 0 -11 -18 — Eliminate Term Limits for City Boards — Set Public Hearing for 11/16/11 (City Attorney Transmittal, 0- 11 -18) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DELETING TERM LIMITS FOR BOARD MEMBERS, AMENDING SECTION 2 -171 OF THE CODE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. The City Attorney read the title of Ordinance No. 0- 11 -18. MOTION by Mr. Gillmor and SECOND by Ms. Coy to move approval on first reading. There was no public input. Mr. Wolff said this is limiting the term limits for members of the boards and cited the current code which limits service to six years, if someone new comes along who would like to serve the incumbent would need to take a break and then they're at liberty to come back. He said he would think they would want to give people opportunities to get involved; he understood the impetus, but Council could just as easily get somebody they don't like so he thought this was a double -edged sword; on the local level, everybody should get a chance. Mayor Hill said he disagreed, if Council continued as -is and only one person applied that person is automatically placed on this board, it is Council's responsibility to choose who is placed on a board, Council could remove anyone not fulfilling their obligation at any time; said just because someone is applying doesn't mean will they will make a positive impact. Mr. Wolff said Council can only remove someone if they don't fulfill their responsibility, but not if they aren't effective, it's a double -edged sword; he asked if nobody likes you how are you going to get nominated. Mr. Gillmor said there are some good people who enjoy working on the boards and once they find their niche they are a positive force and then to have them get off is a disservice. He said losing Larry Paul on P & Z was tough. Ms. Coy reminded Council of the fact that Mr. Paul could have come back very quickly. The City Attorney said as long as his terms weren't consecutive. Mr. Wright added as long as no one else applied. Result of roll call: AYES: Gillmor, Hill, Wright NAYS: Coy, Wolff Passed 3 -2. The City Attorney added that the public hearing will be held November 16th for the ordinance. 14 Regular City Council Meeting October 12, 2011 Page Fifteen 13. CITY ATTORNEY MATTERS pg 251 A. Litigation Update (Report) The City Attorney said in keeping with the new fiscal year, he provided his report to keep Council up to date. 14. CITY MANAGER MATTERS The City Manager said the County Planning and Zoning Commission will be hearing the Ocean Concrete appeal on October 27th and he requested direction on sending a resolution to the Commission. Mr. Wright suggested forwarding the existing resolution. Ms. Coy suggested adding a cover letter to the existing resolution. He recognized that employees and union representatives discussed a number of difficult issues with grace this year. 15. CITY CLERK MATTERS The City Clerk announced the Chamber of Commerce forum on October 19th from 7:00 to 9:00 p.m. that will be broadcast live on channel 25. The City Attorney stated he was planning to attend County P & Z meeting on behalf of the City. MOTION by Ms. Coy and SECOND by Mr. Wolff to extend the meeting passed with a voice vote of 5 -0. 16. CITY COUNCIL MATTERS A. Council Member Wolff Mr. Wolff reported that at the MPO meeting earlier in the day, they went over an extensive bicycle program that will train phys ed teachers in the schools and if anyone in the public thought their child's school might benefit from this program to contact their child's phys ed teacher to make inquiries. He said the vote on board term limits was interesting and the candidates' platforms will be interesting to see as they discuss term limits. B. Mayor Hill — none. C. Vice Mayor Wright Mr. Wright explained that the phasing of Council member terms in the referendum question of possibly going to four year terms. 15 Regular City Council Meeting October 12, 2011 Page Sixteen D. Council Member Coy Ms. Coy said Roseland is having their annual barbeque this weekend at the fire house that will feature good food and music. E. Council Member Gillmor 17. Being no further business, Mayor Hill adjourned the meeting at 10:02 p.m. Approved at the October 26t`', 2011 Regular City Council Meeting IT/Hill, Mayor ATTEST: Sally A. MaioJMMC — City Clerk 16