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HomeMy WebLinkAbout10262011CTTYcF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 26, 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. Pastor Karen Leedahl of Christ the King Lutheran Church gave the invocation. 3. Council Member Coy led the Pledge of Allegiance. 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 Airport Director, Joseph Griffin Garage Supervisor, Greg Schmidt Deputy Police Chief, Greg Witt MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions 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. Certificate of Appreciation to Tara Howe for Natural Resources Board Service Mayor Hill presented the certificate to Ms. Howe and thanked her for her contribution. B. Presentation by Don and Chris Loftus, Co- Chairs, United Way of Indian River County Don and Chris Loftus gave a brief presentation on the need to increase participation in support of United Way funding, noting their focus on the thermometers placed around the County this coming year will be to measure the number of lives saved and not specifically dollars earned, cited the large number Regular City Council Meeting October 26, 2011 Page Two of volunteers and lives touched by United Way funds and encouraged people to volunteer for the Citizens Review Panel which visits various recipient agencies. They handed out United Way information packets to City Council. Mayor Hill thanked them for their presentation and praised the United Way program. C. Fellsmere City Manager Jason Nunemaker — Greenway Funding (City Manager Transmittal, Letter) Mr. Nunemaker gave a presentation on the North County Greenway program and solicited Council support. He exhibited the proposed eleven mile greenway map (see attached) from the Fellsmere cemetery at the east end and ending at the proposed National Elephant Center (see attached) and cited the importance of connectivity of various facilities along the trail and the anticipated boon to ecotourism. He said Indian River County had agreed to be a partner and donated $40K which will be spent in the buffer preserve and he cited other private partners He said he is not asking for funding from the City, just support in the form of a letter signed by the Mayor. All were in agreement and Mayor Hill directed the City Manager to draft a resolution and letter of support. D. Brief Announcements Ms. Coy announced the GFWC Haunted House on Main Street through October 31st and asked people to support them. Mr. Gillmor announced the rescheduled Saturday Family Jamboree at the IRC Fairgrounds this weekend, and the first Sebastian Art Festival from 10 am to 4 pm entitled "Fall Colors" at the Art Club Center adjacent to City Hall. Mr. Wright announced the Sebastian Clambake in Riverview Park from November 4 through November 6, 2011 and encouraged everyone to attend. The City Clerk announced the Halloween parade costume contest in Riverview Park this Saturday at 10 am. 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 A. Approval of Minutes — 10/12/2011 Regular Meeting p9 B. Authorize Purchase of Three Ford Crown Victoria Police Interceptor Vehicles in the Amount of $105,290 from Florida Sheriff's Association /Florida Association of Counties Purchasing Contract 10 -18 -0907 (PD Transmittal, Quotes) 2 Regular City Council Meeting October 26, 2011 Page Three MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve the consent agenda. 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. Mr. Gillmor reported on the Treasure Coast Regional League of Cities Google ad words campaign which directs people to the TCRLC website and then on to the participating cities, noting they had spent $1369 so far, had 1080 clicks on the site and 45,572 impressions. He then reported on an email from NBC's "America's Got Talent" in regard to auditions in Tampa, which requests local talent to participate. He said he would pass the information along to the Sebastian River Sharks Marching Band and advised anyone else interested to sign up. Mr. Wolff commended him on the apparent success of the Google ad words campaign. Mr. Gillmor said the cost per click was $1.36, they had budgeted $6K, and in keeping with current activity there will be 4400 views over the next six months. 9. PUBLIC HEARING - None 10. UNFINISHED BUSINESS A. Four Chaplains Memorial in Riverview Park (City Manager Transmittal) Larry Wapnick, President, Four Chaplains Monument Committee, presented a replica model of the planned monument, said they plan to complete the project and unveil it on February 14, 2012 which is survivor Ernie Heaton's 89th birthday. He said this truly shows interfaith in action, and described some of the appurtenances of the memorial such as the eternal flame and a 48 star American flag. He said there will be visitors from around the country including relatives of the chaplains. He said he has been so moved by local veterans groups such as VFW and American Legion, and that he would like to make them custodians of the memorial as well as Jewish War Veterans and US Navy Armed Guard. Ernie Heaton said he had been here before, had met Andrea Coy years ago and it is always a pleasure to come back. Ms. Coy asked if there are many memorials like this and asked if it would be the largest. Mr. Wapnick said there are memorials in Long Island and CT but this will be the largest, the memorial being eight feet across and the ship resting on a ten foot base and the pool will be 18 feet with water flowing. Mayor Hill asked, since it is on City property, do they need help with site work and Mr. Wapnick said they would love it if the City could help. 3 Regular City Council Meeting October 26, 2011 Page Four Ms. Coy said once undertaken, perhaps the location of the trellis to the northeast corner might interfere with other ceremonies at the Veterans memorial and we'll have to see as we go along. Mr. Wapnick said they will leave it up to compositor who knows best and we can work out the details, noting that ideas come from people and all ideas are welcome. He said the City Manager and Mayor have worked diligently with them. The City Manager said there is an approved site plan and construction plans need to be finalized, then we can get into construction late November or early December. He said he will come back to Council to show them the final design specs at the November or December Council meeting. Mr. Wapnick left the model as a gift for the City to display. 11.012 B. Working Waterfront Update III (City Manager Transmittal, Letter) The City Manager updated City Council, said he had received a letter from the restaurant regarding their intent to vacate the premises and now we are in compliance with the Working Waterfront grant assurances. He said he had sent letters to the tenants and had asked the State to confirm that we are in compliance. He said the State had asked us to modify the leases and amend the Management Plan which he is working on. He said he is asking the State for 60 days to get the amended plan in place. Damien Gilliams said he appreciates the update, said with the Working Waterfront we are taking the lead in the industry, FDEP served a violation letter and the City Manager is trying to comply but things are not in compliance, there is no floor plan and no hours established, the City removed objects down there and we have soiled our name by not being in compliance. He said a business person invested $100K and now leaves feeling mistreated. He said Council members were down there and no one told her she was not in compliance but the State found out and we need to clear the air. Mayor Hill said for the past three years he has been on the property every week or two as have others on Council, has met with FSL to discuss what was going on and asked what their vision was and it was identical to our vision and what the State directed us to do, and he was never told anything else. He said no one from the City ever had any indication that a restaurant, bar and tiki lounge would be there, and then he received a phone call on a Friday that a restaurant was open, looked into it and called the City Manager to go see what was going on, and the vision that we had been sold was not what was there, that staff was concerned and staff met with all representatives within five days of the opening and told them they had to be in compliance. He said very early on in the process we got a legal letter and were told to stop talking to the lessees and it was his understanding that FLS said "it is what it is" and will be until the State tells them it had to change. He said we have taken steps to bring it into compliance and the City Manager has done a yeoman's job in dealing with this situation, we got the property in compliance and we need to move forward and make sure the vision sold to us goes there. He said the business community is excited to help us out, including some of those who were directly opposed in the beginning, said there was a bump but in the two and a half years what has occurred is fantastic. He said we need to settle some issues such as hours of operation and field trip accommodations, saying there is misinformation being bantered about. 4 Regular City Council Meeting October 26, 2011 Page Five Mr. Gillmor said he agreed and it was unfortunate how it came down, and to set the record straight, we are not the manager of that property, rather FLS has that responsibility, and for us to give direction to anyone who has a leasehold is not proper and could be a legal problem, that it is between the leaseholder and sublessees. He said he was amazed at the speed of the opening of the restaurant. He said when we had the Treasure Coast Regional League of Cities meeting there we were told the facility would open in October, we had an art show there and just after the TCRLC meeting they called and told us to get the art work down and the restaurant was open. He said he was excited about the vision and how quickly it morphed into a usable building. Mr. Wright said he was pleased we are in compliance and now with the vision that we had, the people we are dealing with understand that, that the commercial fishermen are there and we should get moving quickly. He said there is a lot of work involved with paperwork that needs to be finished, and he is very optimistic the ultimate plan will be carried out, but we should not put it on a fast track, and it should be done carefully. He said there is no mandate that we have to be fully operational tomorrow, there should be no more misunderstandings and we'll be well served. Ms. Coy said Mayor Hill's experience was identical to hers though maybe a couple of days apart. The City Manager said it was actually simultaneous. Ms. Coy said her experience was generated by several phone calls and when she went there, was surprised it was a restaurant, the fish tank was there in the service window, and she was greeted by three wait staff who asked if she'd be dining in or out, that none of Council or staff was notified of a grand opening, it just occurred, and when we got wind of it we jumped in. She said Mr. Wright was correct, that we need to move on and not rush and there is no need to point fingers, that no one on the dais or City Hall gave permission to this restaurant and they did not know it was happening, but we had to take the blame. She said there is no need to rush, Crab E Bill has a great business going and the project is about fishermen and fishing and that is what we have to stick with and it will be a great success. Mr. Wolff said it was not so much the speed of the opening, it was the speed of the closing, that there were inaccuracies in the Lemmon column in the newspaper which left the impression that the City had a lot more involvement than it had. He said it was Crab E Bill which had the relationship with the McManus family with the sublease and the details and formation of that relationship are unknown to us, and that if it was a City project everyone would have been eligible to put in a bid. He said he was not sure how Crab E Bill found someone from Ft. Pierce and maybe that requires more investigation. He said the only tipoff could have come when the equipment was installed, but no one here on Council had any idea, as the owner of property, what the actual business plan was, but now it is closed and she has left. He said he was very concerned that threads unwound need to be tidied, that Mrs. McManus paid forward to Crab E Bill and the money went into the building. He said we need to determine if anything is owed, what happens to the equipment, and while we have a long arm distance relationship, we should not get into a legal situation, and as long as issues are lingering we will not have peace of mind. He said we have to sit down with all parties and hear from them, ask what is their six months' plan, that we can't be pushed into having a business in there, that we should hear what lessons have been learned and said it would be fantastic if it was available to a Sebastian resident. He said it was important to state tonight to get the record straight on what actually took place. 5 Regular City Council Meeting October 26, 2011 Page Six The City Manager said Council has summarized the issue exactly and correctly and has an excellent understanding. He said misappropriation of funds was stated, which is a big accusation, and that no misappropriation had occurred. He said he has gone on the record saying he made one mistake, but that the sale of assets were the junky equipment in the old restaurant, that the Code required public process for the sale but the City Attorney has reviewed and opined that the asset value was so low there was no mismanagement. He said he had pointed out in the appraisals that they stated there was no value in the existing assets, which was provided to Council and to the speaker. He said on the leases his mistake was not giving them to FCT to review before he signed off, however the State has indicated that the mistakes were not major mistakes, that they have had the subleases for six weeks and have not had one word back on any fixes. He said his title is City Manager and he has managed the project, and that going forward we will amend the leases, that the leases speak to obligations, but not such issues as beer, hours, etc. and there was nothing in the lease that would have prevented this. He said the State capitulates that by telling us to amend the Management plan and we are well into the amendment and tying up loose ends. Mayor Hill said he believed the City Manager and his staff were doing a great job on that. 11. PUBLIC INPUT David Walton, Sebastian resident, thanked Larry Wapnick for the memorial, said he was a member of the VFW and American Legion and had been to ceremonies in the park, and discussed an idea which he had spoken to the City Manager about to construct a walkway of honor around the Memorial similar to the one on Main Street, where someone could purchase in honor of someone. He said this would enable us to have trees around the walkway for shade for older people so they don't pass out. Mayor Hill said it sounds like a fantastic idea and urged him to talk to the City Manager to see how it would all work together. Ms. Coy gave her copy of the Four Chaplains memorial backup to Mr. Walton. Damien Gilliams started to discuss the City Manager's comments on the leases, and Mayor Hill told him to stick to the public input policy and speak on new business only. Mr. Gilliams protested and said under the rules he could discuss something from the last six months. Mayor Hill reiterated that the item was discussed under the last agenda item and he should bring new business. Mr. Gilliams again discussed the existing waterfront leases and once again Mayor Hill reminded his to bring new business. Mr. Gilliams said he had a right to respond and said the City Manager made it clear that the leases were not approved by his office or by the State and that when we had the TCRLC meeting down there with high dignitaries, no one said anything. Mayor Hill read from the agenda the requirements for public input, and Mr. Gilliams asked to be allowed to speak. Mayor Hill said we have discussed this for the last three meetings. Mr. Gilliams said the City Manager signed off on liquor licenses and knew how many seats were going in. Mayor Hill said he had his five minutes. 6 Regular City Council Meeting October 26, 2011 Page Seven Mr. Gilliams thanked Mr. Wolff for serving his community and hoped he would take the time to get involved again. 12. NEW BUSINESS 13. CITY ATTORNEY MATTERS The City Attorney reported that at the last meeting he told Council he would appear on their behalf at the IRC P & Z meeting, but had since received a letter that the appeal hearing would not take place because a Federal court had rejected Mr. Maib's protest of the sale of the property and a US Marshall had directed the execution of the deed to the new owner. 14. CITY MANAGER MATTERS Mr. Wolff asked about the pooled water in the median on CR 512 and Barber Street where the new landscaping had been installed and asked what we are going to do. The City Manager said he had no immediate answer and would get with the Administrative Services Director to get a better answer. Ms. Coy, Mr. Wright and Mr. Wolff said they had received phone calls about band noise coming from the waterfront and asked that they be reminded to tone it down. Mr. Wolff said you can hear Earl's music from City Hall over the weekend. 15. CITY CLERK MATTERS The City Clerk encouraged people to get out and vote on November 8, 2011, or vote early at the Supervisor of Elections Office, 4375 43rd Avenue, Vero Beach, FL 32967 from Saturday, October 29 through Saturday, November 5, 2011 from 8 am to 4 pm, which includes Sunday October 30th. She said copies of charter amendment questions and corresponding proposed language are available in the City Hall lobby. 16. CITY COUNCIL MATTERS A. Mayor Hill Mayor Hill said the years fly by so fast, the election is coming up and said he had enjoyed working with all members of Council, thanking them for their civility and that he was proud of the way all have behaved. He thanked Mr. Wolff for serving his community and though they had sometimes disagreed, they always worked well together. B. Vice Mayor Wright Mr. Wright thanked Mr. Wolff and said his decisions were made in the best interest of the City, that it was a pleasure working with him and that he was a gentleman. He then urged people to get out and vote. 7 Regular City Council Meeting October 26, 2011 Page Eight C. Council Member Coy Ms. Coy said she would truly miss Mr. Wolff, that she had grown to appreciate this Council and despite their differences and different perspectives they all worked well together. Ms. Coy reported on Janet Begley's PJ article citing Sebastian as being the 34th top cheapest place to live. Ms. Coy gave kudos to Ronnie Preuss for the countless hours and phone calls made to help one of her English student save his home from foreclosure and to Snyder and Associates who helped him get insurance. D. Council Member Gillmor Mr. Gillmor echoed what everyone said about Mr. Wolff, citing his intellect and humor and hoped that he won't be a stranger. E. Council Member Wolff Mr. Wolff said he was grateful and honored to have had the opportunity to be on Council, and shared some thoughts on their four years together, trusted they had found some things he did worthy, that he had made some mistakes but did what he believed in, always tried to give his best, listened and never gave up his independence. He said when we suffer a setback and believe all has ended, it is not true, and that great things come when you are tested. He said he leaves proud of the people who stood by him and proud of what we have accomplished, he will remember all and the City will always be in his heart. 17. Being no further business, Mayor Hill adjourned the regular meeting at 8:06 pm Approved at the November 16, 2011 Regular City Council Meeting TE Sally A. Maio MC — City Clerk 8