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HomeMy WebLinkAbout12142011crn � �El��'������ .�� ���. HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 14, 2011 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the regular meeting to order at 6:30 p.m. 2. A moment of silence was held. 3. Vice Mayor Wright led the Pledge of Allegiance. 4. ROLL CALL Citv Council Present: Mayor Jim Hill Vice-Mayor pon Wright Council Member Andrea Coy Council Member Richard H. Gillmor Council Member Bob McPartlan Staff Present: City Manager, AI Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Community Development Director, Joseph Griffin Greg Gardner, Golf Course Director Greg Schmidt, Fleet Superintendent Senior Planner, Jan King Deputy Police Chief, Greg Witt MIS Senior Systems Analyst, Barbara Brooke-Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous voted of City Council Members Mayor Hill asked to pull item 10B since there was nothing new to report. There was no objection. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proc/amations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. A. Brief Announcements Mr. Wright said the Chamber of Commerce will start the Concert in the Park series beginning January 13`h, 2012 with the Atlantic Bluegrass Band; and LaPorte Farms will have their Cowboy Christmas celebration on Saturday, December 17tn Regular City Councii Meeting December 14, 2011 Page Two Ms. Coy said the Chamber Light Up Night and Santa Parade were a great success; the local VFW Post 10210 and Home Depot are teaming up for a national Home Depot award and asked the public to log on to the Home Depot facebook site and vote; that Salvation Army needs more bell ringers; and urged people to watch out for rogue donation collectors in front of the box stores. Mr. Gillmor asked the public to donate to the Ecumenical Food Bank collection box at City Hall, or at the Art Club's Christmas Bazaar in the Park on Saturday. 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. A. Approval of Minutes — 11/16/11 Regular Meeting 11.145 B. Authorize the Purchase of One Cargo Van and One Pickup in the Amount of $46,171.00 Based on the Florida Sheriff's Association/Florida Association of Counties Purchasing Contract #11-19-0907 (PD Transmittal, Quote) 11.100 C. Approve Application Process for 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) in the Amount of $4,723.00 for 911 Operations Center and Crime Scene Equipment (PD Transmittal, Grant Notice Letter and Application) 11.146 D. Authorize Reimbursement of Travel Costs for Council Member Gillmor — FLC Legislative Conference — November 17 & 18, 2011 -$275.50 (City Clerk Transmittal, Council Member Gillmor Email) 11.147 E. Authorize City Manager to Execute the Master Order Agreement for New Telephone System from Arrow S3 in the Amount of $63,644.00 and Appropriate $3,644.00 from Discretionary Sales Tax to Fund Shortage (Administrative Services Transmittal, RFP Presentation, Agreement) 11.148 F. Resolution No. R-11-29 - Authorize City Manager to Execute Mutual Aid Agreement - Cities of Sebastian, Fellsmere and Indian River Shores (PD Transmittal, R-11-29) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LAW ENFORCEMENT MUTUAL AID AGREEMENT AMONG THE CITY OF SEBASTIAN POLICE DEPARTMENT, CITY OF FELLSMERE POLICE DEPARTMENT AND INDIAN RIVER SHORES PUBLIC SAFETY DEPARTMENT; PROV�DING FOR AN EFFECTIVE DATE. 11.149 G. Resolution No. R-11-30 — Support Legislation Banning Texting While Driving - Requested by Treasure Coast Regional League of Cities (City Clerk Transmittal for TCRLC, R-11-30) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SUPPORTING ADOPTION OF STATE LEGISLATION BANNING TEXTING WHILE DRIVING; PROVIDING AN EFFECTIVE DATE. 2 Regular City Council Meeting December 14, 2011 Page Three 11.150 H. Resolution No. R-11-31 — Urging Local Vendors to Stop Sale and Marketing of Candy Flavored Tobacco In the Interest of Area Youth — Requested by Indian River County Health Department and Students Working Against Tobacco (SWAT) (City Clerk Transmittal, R-11-31) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, URGING LOCAL TOBACCO RETAILERS TO STOP THE SAIE AND MARKETING OF FLAVORED TOBACCO; PROVIDING FOR AN EFFECTIVE DATE. 11.151 I. Resolution No. R-11-32 — Support Legislation — Police Officer and Fire Fighter Pension Plan Reform (City Manager Transmittal, R-11-32) A RESOLUTION OF THE CITY OF SEBASTIAN SUPPORTING POLICE OFFICER (AND FIREFIGHTER) PENSION PLAN REFORMS CREATING PLAN SUSTAINABILITY FOR TAX PAYERS AND FINANCIAL SECURITY FOR CURRENT AND FUTURE POLICE OFFICERS (AND FIREFIGHTERS); PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. Mayor Hill pulled item I. Mr. Wright pulled items G and H. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve consent agenda items A, B, C, D, E, and F. Result of the roll call vote: AYES: All NAYS: None Passed 5-0 Item G Mr. Wright said the National Transportation Safety Board has made recommendation to ban all texting and hands free devices in any moving vehicle and while they don't have authority to write rules, they can withhold federal funding from states that don't follow their recommendations. He said there are two bills filed in Tallahassee: one would ban texting and the other bans cell phone use completely. He said cell phone use could be added to the loose wording of this resolution to which he objected. Ms. Coy said she supported Mr. Wright; the resolution could be reworded to only restrict texting. Mr. Gillmor said Council could change the resolution but it was clear that it refers only to texting. Mayor Hill said he would strongly oppose banning the use of cell phones altogether and asked the City Attorney how they could only refer to texting. The City Attorney suggested deleting the third whereas clause and change the word "comprises" to "compromises" in the fourth whereas clause. MOTION by Mr. Wright to eliminate the third and fourth clause and modify the resolution to reflect texting only. 3 Regular City Council Meeting December 14, 2011 Page Four Mr. McPartlan asked if texting and e-mailing are the same thing. Mayor Hill replied it is about entering data into your phone. Mr. McPartlan pointed out there is also new technology that your speech is turned into text so you are still following the screen. Mr. Wright said manual texting is the problem and asked the Attorney to make another change to reflect that. The City Attorney offered that in section one, second line, they could say ban "manual" texting. Mr. McPartlan said the reading that people are doing while they are driving is also a problem. Mr. Gillmor said this is just to send a suggestion to Tallahassee to look at this. MOTION by Mr. Wright to adopt the resolution as modified and insert the word manual in front of texting throughout the resolution. SECOND by Ms. Coy. Result of the roll call: AYES: All NAYS: None Passed 5-0. Item H — Flavored Tobacco Mr. Wright said he was concerned with what happens next and in New York City they have banned the sale of these products and he didn't think they should go that far because it could then become a contraband item and become more popular. He said he would like to see additional education efforts in this area. Mayor Hill said this would not ban anything in the City. Mr. Gillmor replied that was correct, it wouldn't stop kids from smoking; it was just a recommendation to ask the retailers to be prudent with what they market. Ms. Coy held up her cigarettes and said she couldn't agree more with the Vice Mayor, this was the next step to totally ban cigarettes, that Mr. Gillmor's first statement was to ask retailers to stop selling them, she agreed there needs to be education but this will lead to banning the sale. Mary Burkins, Breathe Free IRC; Tina Zayas, FDOH/Indian River County Health Department; and Officer Steve Marcinik, Substance Awareness Council were present to speak. Ms. Burkins said 79% of the kids polled indicated they are getting the tobacco from other people or from home, she hoped the resolution would show the tobacco industry is targeting the youth, education would continue as 90% of the users start under the age of 18. Ms. Zayas said they wanted the City to be aware of this, support and protect the health of our children. 4 Regular City Council Meeting December 14, 2011 Page Five 7:02 pm In response to Ms. Coy, Ms. Burkins said statistics of how many kids are smoking cherry tobacco is in the agenda backup material; the kids are seeing the advertisements; the flavoring is in cigars, cigarillos, Skol and hookah (as opposed to cigarettes); tobacco is a huge gateway drug and the smokeless tobacco use among our middle school children is double the State average. MOTION by Mr. Gillmor and SECOND by Mayor Hill to approve the resolution as written. Mayor Hill said the product is clearly being peddled to the youth and he would support this to urge vendors to stop the sale and marketing to the youth. Mr. Wright said it is an infringement on individual rights, he didn't buy the argument that tobacco leads to marijuana, and he was not in favor of any anti-tobacco legislation other than what is in force. Result of the roll call: AYES: Gillmor, Hill NAYS: Coy, McPartlan, Wright Failed 3-2. Item I— Police Officer 8� Firefiqhter Pension Reform Sebastian Police Officer Steve Marcinik, on behalf of the Police Department, asked Council not to adopt the resolution in support of the department, it is too general, too infringing, there are reduction of benefits based on genetics and diet, there has been a Brevard County Sheriff study that the general population lives 12 years longer than a police officer because of high stress. Harry Tanner, Member of the City's Police Pension Board, said he has a responsibility to protect the funds and membership of the Board, the referenced house bill is published wrong, so for that reason alone, it doesn't belong before Council for consideration. He said there are two bills in legislative committee that the Board plans to write letters opposing, by the time HB365 and SB910 finish the legislative process they could be rewritten entirely different so it would not be good governance to support this. Mr. Wright asked him if he was before Council as an individual or representative of the Board recommending a policy that doesn't affect the funding. Mr. Tanner said these bills would take the funding put into pension plans to attract quality police officers and give it to the cities. Mr. Wright asked if the legislation would affect Sebastian's fund negatively and require Council to put additional money into the plan to make it adequate. Mr. Tanner said the answer would take actuary work, there is a new contract for the new-hires, and the fund is directly affected by how much the officers will receive when they retire which could be greater but needs to be looked at by actuaries. Mr. Wright said the reason the City would do this is to make the pension more solvent. Mr. Gillmor said his duty is to guard the money. Mr. Tanner asked the City Attorney if his duty was to protect the fund and the membership. Regular City Council Meeting December 14, 2011 Page Six The City Attorney asked to reserve his comment as Council will be hearing more about the pension issue in the near future. Mr. Gillmor explained that cities are doing the same with less and less; currently if a police officer has high blood pressure it is automatically assumed it is work related and they can retire and receive the pension so the FLC is trying to say if someone is 300 Ibs, and genetically inclined to disease, the City shouldn't have to pay for the pension. He said he supported paying officers more up front than when they retire; the City has five officers that will receive $75,000 a year for as long as they live and there are very few funds that can support that kind of payout. MOTION by Mr. Gillmor and SECOND by Mr. Wright to pass the Resolution No. R-11-32. Ms. Coy said she would like to see the final bill before adopting the resolution, that people want less government, but here they were writing more regulations. Result of the roll call: AYES: Gillmor, McPartlan, Hill, Wright NAYS: Coy Passed 4-1. 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regiona/ committee reports. No public input or action except for City committee member nominations and appointments under this heading. pgs 109-132 A. Citizens Budqet Review Advisory Board (City Clerk Transmittal, Member List, Press Release, Code Section, Three At- Large Member Applications) i. Formally Announce Council Appointees a. Mayor Hill — Jerry Klenck (2010-2012) b. Vice Mayor Wright — Harry Marshall (2011-2013) c. Council Member Coy — Dionna Farmer (2011-2013 d. Council Member Gillmor — William Flaherty (2010-2012) e. Council Member McPartlan — Timothy Slaven (2011-2013) Mayor Hill read the members' appointee list above. ii. Interview, Unless Waived, Nominate and Appoint Two At-Larqe Members for One Year Terms The City Clerk noted that Jerome Adams had withdrawn his application. MOTION by Ms. Coy and SECOND by Mr. Wright to appoint Mr. Herlihy and Ms. Vicars. There were no other applications or nominations so they were both appointed. The City Attorney said he and his predecessor opined the Board was treated as an ad-hoc board because they only met twice a year and members could have membership on another board, but he has since changed his opinion since the Board now meets more often. He asked Council if they were of the same opinion. Mayor Hill said he would be open to discussion on this in the future. The Clerk noted that Budget Review Advisory Board is adopted by ordinance and in the Code. � Regular City Council Meeting December 14, 2011 Page Seven B. Planninq and Zoning Commission (City Clerk Transmittal, Member List, Press Release, Two Applications) i. Interview, Untess Waived, Nominate and Appoint One Regular Member — Term to Expire 11/1/2014 Mayor Hill explained that Mr. Hepler has reapplied but the Clerk's office received Mr. Paul's application after the deadline. MOTION by Mayor HILL and SECOND by Ms. COY to accept Mr. Paul's late application passed with a voice vote of 5-0. Mr. Gillmor nominated Mr. Paul and since there were no other nominations, Mr. Paul was appointed to the regular member position with a term to expire November 1, 2014. 9. PUBLIC HEARING 11.141 A. Second Readinq of Ordinance No. 0-11-20 Relatinq to Storaqe of "Junk" (Citv Attornev Transmittal, Proposed 0-11-20) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO THE STORAGE OF "JUNK"; AMENDING SEC. 86.46, AND SEC. 86-47, ARTICLE III "JUNK" OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING DEFINITIONS; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (PJ ad 11/30/11) The City Attorney read the title of Ordinance No. 0-11-20 and Mayor Hilt opened the public hearing at 7:24 p.m. The City Manager said the current code doesn't provide for a definition of junk and this would help in code enforcement proceedings. In response to Mayor Hill, the City Manager said this doesn't affect boats parked along the sides of houses. Darrell Baird, 321 Browning Terrace, said his problem started in September 2002 when the Police Department took 20 guns from his neighbor's yard sale, since then he has made several complaints but none were answered, and three years ago met with City staff who said they would clean up the place but it never happened, was told by Code Enforcement that the person is special and should not be touched. He said this year he asked Council Member Coy for help but nothing has been done, and he would like to see the property cleaned up. Claire Scharman said she was married to Bruce Scharman for 16 years and he had a nervous breakdown after taking care of his mother, said he frames his art in concrete and puts it in his yard, that he is not visible being on the end of the street, and people do stop to buy his art. She asked Council to defend her husband. Nicky Episcopo, nine year resident, said what ever one does on their property affects a whole neighborhood, would like to include painting in the ordinance, said on his block there is a house abandoned for six years, and the City should have the power to knock the house down after five years. He would like to see volunteers help the older residents. 7 Regular City Council Meeting December 14, 2011 Page Eight The City Manager said the purpose of the ordinance is to give Code Enforcement the ability to get junk into compliance. MOTION by Ms. Coy and SECOND by Mr. Wright to approve Ordinance No. 0-11-20. Ms. Coy said she drove to the area and there is a point where collections become annoying. Mr. Gillmor asked what type of teeth is in the ordinance. The City Manager said junk is defined in section 86 of the code, and enforcement is under chapter 66, which gives the City the authority to issue an abatement letter and go through a lien process. The City Attorney said the LDC equates a carport with a garage and under the Code, you can have as much junk as you want as long as it is enclosed so staff felt there was an ambiguity there, the ordinance clearly defines open air. Mr. Gillmor asked if the City would clean up the carport if not done by the property owner. The City Attorney said typically, a warning is given, then a ticket with a deadline, and if they don't comply, Code Enforcement goes back and a fine is involved to which an offender can appeal. Mr. Gillmor said he was concerned how the problem would be solved. The City Attorney said there are different kinds and situations of junk. Mayor Hill said the question is enforceability of this Code. Mr. Gillmor said over the years he has seen people just say they aren't going to do it and it never gets fixed. Mr. Wright asked why they can't just go in, clean it up, and charge the individual instead of dragging it out over months. The City Attorney said significant issues would need equipment and the City can go in, clear it, and then ameliorate it. Mr. Gillmor suggested contacting Port St Lucie where they have a nuisance ordinance that attaches the cleaning expense to the tax lien. Result of the roll call vote: AYES: All NAYS: None Passed 5-0 10. UNFINISHED BUSINESS 11.002 A. Presidential Streets — Neel Schaffer — Cost (Citv Manaqer Transmittal, Work Authorization #37) The City Manager said last month, Council talked about drainage problems on Coolidge and Washington Streets and thought during the design process it would be a good idea to tackle this at the same time for a total prospective budget of $455,200, and as he mentioned, he could shift Powerline Road savings and begin to execute the contract. He asked Council to consider additional money and the work authorization to move forward, let the bids, receive responses back by the end of February and bring a contract to them by March 14th. He also outlined how the funds break down and recommended transfer of $150,000 from DST for the changes and approve the work authorization. MOTION by Mr. Gillmor and SECOND by Mr. Wright to adopt the work authorization. 8 Regular City Council Meeting December 14, 2011 Page Nine Result of the roll call vote: AYES: All NAYS: None Passed 5-0 Mayor Hill called for a recess at 8:00 p.m. and upon reconvening at 8:13 p.m., all members were present. 11.012 B. Workinq Waterfront Business Plan and Lease Modifications (Citv Manaqer Transmittal} This item was removed from the agenda during Agenda Modifications. 11. PUBLIC INPUT (see Public Input procedures on back of agenda — public input is five minutes) Marty O'Brien, City employee, PEA representative, congratulated Council Member McPartlan and wished everyone a great Christmas. Jim and Jake Sunnycalb invited the public to see their train at the Polar Express movie showing in Riverview Park this Saturday at 6:00 p.m. and go out to LaPorte Farm's Cowboy Christmas on Saturday. Maria Janovich, 729 Cleveland Street, asked to keep the Sebastian way of life as residents are disappointed in the proposed design plan for parking on Cleveland Street noting the City Manager has chosen to cram 54 parking spaces into the Street. She said many other cities have gone under revitalization to their streets in a friendlier manner. She asked Council to consider outlawing diagonal parking on all residential streets; there is no signage for the Yacht Club parking or where to enter or exit; we should provide shelter for passengers waiting for transportation, provide wide sidewalks as the view is spectacular; and negotiate in-lot parking by way of leases or out right sale with the property owners. Mayor Hill said there will be a public workshop January 4'h on the proposed design. Kathy Cheshire, 925 Indian River Drive, said her address is less than a quarter mile from Mulligan's and Cleveland Street where she enjoys the Sebastian way of life, and the residents and visitors want to keep it that way as it is what brings in revenue, and she urged Council to keep or do what is necessary to keep the ambience to old Florida. 12. NEW BUSINESS 11.053 A. Approve Professional Services Contract with Infrastructure Enqineers, Inc. for Cavcorp Desiqn (Citv Manaqer Transmittal, Aqreement, Fee Analvsis Chart) The City Manager said the selection committee determined the most qualified engineer is Infrastructure Engineers, Inc.; the contract will provide design services, public workshops, some construction, landscaping and electrical services; and staff recommended approval. MOTION by Mr. Gillmor and SECOND by Mr. Wright to approve staff's recommendation. E Regular City Council Meeting December 14, 2011 Page Ten Mr. Wright said he spent an inordinate amount of time on the contract; found the pricing was not out of line, worked the numbers to make sure the City wouldn't receive work order changes, and it seemed to be a good product for the City of Sebastian. The City Manager explained the City had spent a considerable amount on inspection services for the Main Street, Powerline Road, and Laconia projects so in this contract he built in a different inspector to come under Infrastructure Engineering's umbrella which should be about 15% less than the amount he is permitted to spend under the Code. Mr. Wright said the cost for impervious surFace is getting close to asphalt and that is going to be important to watch to maximize parking and eliminate the need for a retention pond. He said an alternate figure on a different composition base might be a good idea. Result of the roll call vote: AYES: All NAYS: None Passed 5-0 11.152 B. Golf Course Fees (Citv Manaqer Transmittal) The City Manager said back during the CIP process he talked about the need for updating the irrigation system and constructing a new club house and he requested Council feedback on the idea of surveying the golfers. Mayor Hill suggested getting the survey done and then come back for discussion with Council. Mr. Gillmor asked the Mayor what he expected the survey to tell them. Mayor Hill said he expected honest thoughts and if three dollars would freak out a lot of people and if they would be willing to pay for a better facility. Mr. Gillmor said the course is a quality facility, the current fee structure will not allow for that level of care to continue; of course people are going to say they don't want to pay more, and he asked how long the survey and fee change would take. The Golf Course Director said there are enough people in the area now to get a good feedback within two weeks. Ms. Coy asked if a proposed increase could be agendized for the next meeting and survey the golfers in the meanwhile noting fixing the irrigation is a given. Mayor Hill said the City Manager is requesting the survey; there might be another type of funding source for the irrigation if they wait a year; suggested drafting the survey and put it on the next agenda. Ms. Coy said they should be made aware of the cost--$3.00 for irrigation, $7.00 for a new club house. Mr. Wright said a comparison of the rounds played last year compared to the last couple of years could be inctuded with a projected financial statement to determine if the increase will be enough to make the repairs. Mayor Hill also requested a report on the condition of the system and the monthly repair expenses for the last couple of years. 10 Regular City Council Meeting December 14, 2011 Page Eleven Mr. Gillmor offered to make a motion to agendize this for January. The City Manager said he has received good feedback and will begin to gather a good 3-4 weeks of data. 11.153 C. First Readinq Ordinance No. 0-11-21 - Noise Ordinance — Set Public Hearinq for Januarv 11, 2012 (City Attornev Transmittal, Proposed 0-11-21) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO NOISE; AMENDING CHAPTER 67 OF THE CODE OF THE CITY OF SEBASTIAN; DELETING THE EXEMPTION FOR NOISE EMANATING FROM NON-RESIDENTIAL USES; PROVIDING DEFINITIONS; PREPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. The City Attorney read the title of Ordinance No. 0-11-21. Ruth Sullivan read a prepared statement and submitted petitions for the Clerk noting the noise is still prevalent. (see both attached) Pam Morgan, General Manager of Oyster Point Resort, said her 89 units have a year long 80% occupancy, the issue of volume has long been a concern; she has worked with Mr. Collins, but she still receives complaints from angry, sleep-deprived guests. She said the key is to control the bands' volume, there needs to be regulations for the outside bands and penalties to encourage compliance. Willard Seifert, 1013 Indian River Drive, said when he acquired his property, Suzi's was a tackle shop that progressed into a bar with music that is an annoyance; the open air is not the problem but is the volume that has gotten louder and louder. He said the proposed ordinance needs more work so everyone knows what is acceptable to Sebastian. Mr. Gillmor asked was Suzi's a problem before as much as it is now. Mr. Seifert said when Suzi bought the bar he told her that he hoped she wouldn't bring in loud bands but now that the new owners have taken over it has become a lot louder and it's time to get a grip on this. Tuck Ferrell, 12546 N. Highway A1A, said the beach residents have concerns when the bands turn up the volume, they can't sleep at night, it might be affecting the birds at Pelican Island, the more you can enclose the speakers the better, it's noise pollution, he has talked to the offending restaurant, and called the Sheriff's office. This affects real estate and an ordinance would be good. Chris Pinson, one of the owners, apologized and said they don't realize there is a problem until they hear from a few, they have received a terrible progress report, investigated ways to monitor the bands, do self-policing, received tips to stifle the music by landscaping, are in the process of moving the bandstand to a different configuration, wanted the public to know they are not sitting back as arrogant bar owners, they turn down the music when the police come, and said Mr. Gillmor didn't find the music obnoxious. He said if Council does an ordinance the baseline needs to determined, there needs to be a lot of talk and asked the public to call him if it is annoying. He said he has an app on his phone called Sound Sniffer which he found comparable to the police department's decibel measuring equipment. 11 Regular City Council Meeting December 14, 2011 Page Twelve Cheryl Doyle, 25 Palmer Drive, said she enjoys the river establishments but doesn't enjoy hearing the music for 15 hours every weekend, and has 22 tenants that can't open windows or enjoy their back porches. She said Mrs. Sullivan spoke to a gentleman at Suzi's one weekend and it was just as loud as any other weekend so there is no consideration, that if there is no ordinance, there will be no control, and the businesses know that, the problem is interfering with her ability to make a living. Lee Paver,14 Palmer Drive, said she works all hard week and wants to relax Friday night after work but can't, that the band music is ear piercing. 9:14 pm Council Input Mr. Wright said the ordinance doesn't respond to the needs of the community, he is not sure there are City people qualified to measure and come up with the right standards to protect people and the businesses, he encouraged Council not to move ahead but do professional research to come up with a fair ordinance for everybody. Mr. Gillmor concurred with Mr. Wright, there should be a separate viewing in a mixed use environment, smaller speakers under the eaves, have the band plug into a master switch which will capture the sound, agreed they should have some type of ordinance that would target the decibels. Ms. Coy expressed her disappointment with the establishments because things didn't get better. She cited the businesses affected: Grace's Landing, Palmer Road Apartments, Harbor Lights, and Oyster Pointe. She said businesses will have another 3- 4 weeks to get it right while the ordinance is revised. Mr. McPartlan said an ordinance is needed with the assistance of professionals, he spent time with the police department's decibel reader, and just talking is 5 decibels over the ambient level. Mayor Hill suggested receiving input from the non-bar business community as well. Mr. Wright agreed and suggested an emergency ordinance for the residents. Mr. Gillmor asked if there is anything on the books now. The City Attorney replied there is an exception for non-residential areas so the police can ask but not cite them. Ms. Coy pointed out this is has been happening for three months and she gets the calls at 11:30 pm. Mayor Hill tasked the City Manger and City Attorney to come back with something that has been tested and vetted in other areas as there have to be communities that have dealt with this. Ms. Coy agreed that they can meet with the business owners. Ms. Coy said in the interim the public could call the non-emergency police line and document the complaints and have them visit the offending establishments. The Clerk pointed out that due to advertising requirements, if an ordinance comes back for another first ready, it may not be adopted until the first meeting in February. Mayor Hill declared that the ordinance died on the table. 12 Regular City Council Meeting December 14, 2011 Page Thirteen 11.111 D. Economic Development Plan Presentation bv Economic Development Director (Citv Manaqer Transmittal) The Community Development Director presented a Power Point presentation going over Sebastian's accomplishments, goals, and efforts to be a more business friendly City. (see attached) He requested advertising funding for the Economic Development Department that had been coming out of the Airport budget. He described his plan to start using Google Ads again; develop and print up a nice brochure to give out at outings at a cost of $5,000; and have travel funds for Council Members to go to trade shows to tout the City. Mr. Wright said the Community Development Director is a member of the North County Business Development Committee which will help participate in funding economic development activities after a plan was in place by soliciting the business community for money that the cities could match. He said the critical steps are preparing the documents/brochures, get the business community to agree that this will help them which is the next step for the Chamber. Ms. Coy asked if the Google Ad banners are effective as she hits them a lot by mistake. The Community Development Director said the ad will show up if it is in the queue, for example "best Florida retirement area" it will definitely bring up Sebastian. Ms. Coy started to make a motion but Mr. Wright said it wasn't necessary as he would like to first develop a brochure to target relocating businesses. Mayor Hill asked the City Manager if he could find $18,000 of seed money. The City Manager said he might be able to obtain some from the union contract savings and noted this would be special revenues. 9:55pm Mr. Gillmor said the Treasure Coast League of Cities Google Ad campaign will run until February, it has been a success, and agreed money is needed for brochures and travel. The City Manager was directed to find some brochure and travel money. MOTION by Mr. Wright and SECOND by Mr. Gillmor to extend the meeting until 10:30 p.m. passed with a voice vote of 5-0. 11.154 E. Consider Amendments to Resolution No. R-09-45 — Citv Council Meeting Procedures and Direct Staff to Brinq Back Revised Resolution for Adoption (City Clerk Transmittal, R-09-45, Wriqht Email Recommendation) Mr. Wright explained that each new Council typically looks at procedures, and he identified three items to change on page 209: Section 4- should read the City Manager sets the agenda for the meeting and the City Clerk prepares the agenda packet. Section 7- add Council deliberations to the order of business Section 8(b)(1) time limit — add the wording that public input is permitted for five minutes on any one item for a cumulative total of 10 minutes at any meeting 13 Regular City Council Meeting December 14, 2011 Page Fourteen Mayor Hill said Council cannot restrict individuals from speaking on public hearings so there would be five minutes for each public hearing and a 10 minute cumulative meeting limit which would provide need for a time keeper situation. He described how he attended a school board meeting with a time limit of three minutes that went very well and suggested a three minute time limit with Council's discretion to extend or shut down speakers. Ms. Coy said she would not be in favor of changing anything that is in place because the current rules provide for the Mayor to exercise his right to terminate someone with a majority vote of Council. Mr. Gillmor concurred with Ms. Coy, five minutes is more than enough time to state their case, and Council needs to do their job as well in supporting him. Mr. McPartlan said he also appreciated Ms. Coy's comments, they shouldn't let one bad apple spoil the whole batch, and the vast majority does not abuse the rule. Mr. Wright said the wording to terminate does not put the entire responsibility on the Mayor, it could be any Council Member. MOTION by Mayor Hill and SECOND by Ms. Coy to change Section 4 and Section 7a per the request of Mr. Wright. Result of the roll call: AYES: All NAYS: None Passed 5-0 13. CITY ATTORNEY MATTERS — none 14. CITY MANAGER MATTERS The City Manager said the Presidential Street Project Public Workshop will be on January 4th, 2012 with the time to be announced. He invited the public to come and provide feedback. He said that some of the CDGB grant could be used for the Four Chaplains Memorial and a revised resolution would be forthcoming to send to HUD. He explained the reason he pulled the Working Waterfront Business Plan from consideration was because he had not received input from Fisherman's Landing Sebastian and he hoped to have it at the next meeting. He wished everyone a happy holiday. 15. CITY CLERK MATTERS The City Clerk reminded everyone that the December 28th meeting was canceled and wished everyone a happy holiday. 14 Regular City Council Meeting December 14, 2011 Page Fifteen 16. CITY COUNCIL MATTERS A. Vice Mavor Wriqht Mr. Wright distributed a brochure from Doug Coward on a clean energy loan program that will provide 4% interest rate available for a home improvements that will benefits residents and businesses. He said he would like Mr. Coward make a presentation to Council in January. He said Port St. Lucie is now charging fees to banks on foreclosed homes and he would like to look at these ordinances where the banks are required to pay the City to manage the foreclosed properties. He thanked everyone for a very good year and wished everyone a Merry Christmas and Happy New Year. B. Council Member Coy Ms. Coy donned her musical Santa hat, thanked everyone, and wished everyone a Merry Christmas, Happy Hanukah, happy holiday. C. Council Member Gillmor Thanked staff for the great job in tough times and also wished everyone a Merry Christmas and prosperous New Year. D. Council Member McPartlan Mr. McPartlan wished everyone a Merry Christmas and Happy New Year. E. Mavor Hill Mayor Hill said Commissioner O'Bryan asked him to speak on Indian River County's Economic Alliance that uses private investors with matching $2,000-5,0000 stipends to promote a unified front. Helene Caseltine, Economic Director with the IRC Chamber of Commerce said they were on a funding campaign called the Economic Leader Alliance Investment Program where they are stepping up their private partner investments, they are appropriating County funding with new investors. She distributed packets of information. Mayor Hill asked the presentation be scheduled for January. He said Light Up Night was fantastic but the City needs to work closer with the Chamber on crossing US1 during the event which was very dangerous. He suggested a lit sign indicating the event is taking place or a police presence. He said 2011 was a great year; it was a pleasure working with Council, and wished everyone a Merry Christmas, Happy New Year and God's blessings for everyone's families. 15 Regular City Councii Meeting December 14, 2011 Page Sixteen 17. Being no further business, Mayor Hill adjourned the regular meeting at 10:26 p.m. Approved at the January 11, 201 �Regular City Council meeting. _._.._.._ _ Ji �ll, Mayor ATTEST: � � , Sally A. Maio MMC, Cit Clerk 16 Submitted to City Council December 14, 2011 by Ruth Sullivan Noise Ordinance needed in Sebastian Riverfront District At the last council meeting I requested the city enact a noise ordinance which will allow residents and business owners accommodating sleeping guests to have a peaceful coexistence with bars offering loud, outdoor music. At that time the council decided to allow ihe bar operators a chance to (quote) " redeem themselves" by voluntarily controlling their sound levels of music, singing and announcements being sent into the adjoining neighborhoods through huge outdoor speakers. We found the ne�ct weekend that this does not work. The sound levels were still keeping residents awake with the pounding base, loud singing and announcements telling patrons (quote) "Our next gig is at ---" and this goes on until midnight. As I said at the last council meeting, I went on the internet to learn what decibel sound levels professionals have studied. Eric Zwerling, Director of Rutgers University's Noise Protection Assistance Center, cited evidence provided by the Federal Environmental Protection Agency. This report states (quote) "a safe level no louder that 55 decibels". They found a definite "link between sleep disturbance and noise". I had no idea of what a decibel sounded like, so I bought a decibel meter. For the past weekends I have sampled the level of music emiting from river front bars where complaints have been made. The decibel meter registers both sound and music levels. Since music registers at a lower reading, in fairness this is the level I used. �- At each reading I stood across the street from each sound source, giving a distance of the width of the street, plus two sidewalks before taking a reading. On Thursday, Dec. 1, at Suzi's Tiki Bar at about 7 pm the music level was from 62 to 67 decibels. Qn Friday, Dec. 2 at l 1 pm Suzi's sound level was 70-SS decibels. On Friday, December 2, standing the same distance away, at Earl's the music reading was 70 to 80 decibels at 11:08 pm. I was asked taday by the manager of Oyster Pointe-Oyster Bay to include the readings taken at Capt. Hiram's. On Friday, Dec. 2 at 11:12 pm Capt. Hiram's concert music registered between 85 to 94 decibels. On Saturday, Dec. 3 at 11:10 pm Capt. Hiram's music registered between 64 and 70 decibels. On Saturday, Dec. 3 at 11 pm Suzi's sound level was 69-73 decibels measured inside my apartment # 1, which is about one block away from the outdoor speakers. Remember professionals set a safe level of sound at 55 decibels. In reading the proposed ordinance it is clear it will not solve the problem . The ordinance uses the higher SOUND level for measurement (rather than the MIJSIC level) and then makes it even worse by setting the sound level requirement (quotej "to exceed the ambient level". Webster's Dictonary describes "ambient" as on ALL SIDES. So the ambient level would measure the sound ON ALL SIDES OF THE AREA OF COMPLAINT--Meaning traffic noises, voices, wind in trees, plus the offending music level itself! ! And then adds 5 decibels more to be allowed. Obviously this ordinance will correct nothing. It also sets the time for enforcement between 11 pm to 7 am for the river front area where our Snow Birds go to bed at 8 in the evening. We need specific decibel limits measured from the source of the sound regardless of hours of operation. More development on the river front is planned with outdoor music, which will affect more residents and businesses with sleeping guests. We are only asking for a fair and effective ordinance that sets reasonable decibel levels of music that will not damage our businesses or keep us awake at night. There are professionals found on the internet that offer objective advice on proper sound levels for such operations. Please rewrite this ordinance. Ruth Sullivan, owner, Harbor Lights Apartments Submit petitions Mrs. Doyle collected about 50 signatures for this noise ordinance. � � ,� � � A PETITION REQUE STING A NOISE ABATEMENT � ORDINANCE We, the undersigned residents of Sebastian, having suffered unreasonable noise from nearby esta.blishments, request the city coun�il adopt a strong noise ordinance for the Riverfront District to include decible standards and fines for violations. ,, NAME ��� ����� � �c�C�� ��°�a ��`'! �. .,�, � � 1.. � . • � , � ,� 1 ��� �,i, � ��� ! ��� ��� � �,1� �� � � ( L. ADDRESS �.� , ��,s ��� � � aa �►�� ��� ��- ��'� � o o� �,r�,r� 2;� �� � 40 1 -�I�G��l�n i����.✓��� �� / r2 � I ,�N �� �'^ � � � �^ �,� n /�/� 1 � �. �� , �� --� �-� ��-�.-,., � �� 1�1�� ��� r-�ti �. �� �-��� :�� 9' � I � � 25'�c����. � � �" ,�' � � �� � �� �132 c s�.��y �� ��2 �3Z � ��� 3 z C�w�C� � �� ���� � �°� . � �� � DATE 'l �q/�/ / r,�i� ( l< , � ,a ��i � o�-����► r � - Z_v.- I / 1 z� �� � �� /ze% � � � ,� (�-��- li �� _ �- �, i�. �'� �l � I( � Z� -!I l�� Z� �l� i1-z�-/l ����-i� � `2�-il I � �� . A PETITION REQLTESTING A NOISE ABATEMENT ORDINANCE We, the undersigned residen�s of Sebastian, having suffered unreasonable noise from nearby esta.blishments, request the city council adopt a strong noise ordinance for the Riverfront Distxict to include decible standards and fines for violations. . � •- � / ��� ,� � � � � ��� ��� �� �n � � Q� I �� u v►� I J'� � �( i v ADDRESS � � l 2� �.��.G.�,�.�,��r ��occ-s`t-z� �� � a .S -t� ,�, �,�.�;, �t , �� ^ � �� �� � �� ��� � << �- f I ��� Nll��� �ay�,'� � � /� _ � ���� S � �, � -� r � ��� � s� - J �� � sa,� s�"d G DATE `�/�/i� �� � �r � �� � � � � Z�3�� � / ( �� �� �� /3 /// � A PE'I'ITION REQUESTING A NOISE ABATEMENT ORDINANCE We, the undersigned residen#s vf Sebastian, having suffered unreasunable noise from neazbY establishments, request the city council adopt a strong noise v�rc�i�ce for the River&ont Distxict to include decible standards azid fines €or �olat�ions. . NA1V� � � � �� -� � C � ��� � ' �� � -� � �� ,� 0 N i i ��,���.s �,, � � ���� � ��or� 5�`2�°G�'� Sura h ��s pa,r� % �� ���1-�r� � ��� � �� �--y, � J � Z� � � n�- �-°�- 1 � � ��� /� � / � � If�' (r���^- � . y " ,� /�% � 1 ��.i`.�� Ij - `� �1R� V ' �' � � ` � ✓ W '��" �� ADDRESS 12 �'�4 L ►��� p� s �� , � �o �� �r,��O� � n� �' �,�, f,-4 � � l� �� � � 1. \ � �a 1��� D�, � � ���+� �er � � _ � ��1��� �Jr, � I U( �� C r �r :�! �-- 7 P�, � �, e ,� ��i� � �G�-� I� �^� V�. ��� ��. "-' � /r �� 4 �,� ��� �.�-•� � �]'c `�'�"�t �` � / - � � I o � DA l2 �/ , � �. /G' �� 'z-�'-� fODZ 5 �''��G� L—U�ld'�� /� �� „�� ��-� � �, � 5� �,, S ���'� rr � � D �p� �� �� �� ����j �1�-D �rc` c��° � �Z�ZJ � � Iz-2- �( ,��rZ.� ) � Z, �. --l/ 12-Z- � � �� ���� I Z � � �"L-°� c ► 1'L �3%2vIJ % o� �� �2a S I� 1°`-i�� ��/� �/ � � ��< �r /�� �� /a�3��h ���`� ��� .��/ � � �� ��- �-�,�1 � A PETITI�1rT REQUESTING A NOISE AB�TEMEl�TT ORDINANCE We, the undersigned residen�s of Sebastian, havi.ng suffered u�ea�onable noise `irom nearby establishments, request the city council adopt a strong noise ordinance for the River&ont District to inciude decible s#andards aaid �►es for �iolations. � � �y�,�� `�2-5� �� ����� . � , � l,� - � -� r � �°�' � I�<<�S P�r��� - % % �v� m � ��� % � ���- � � � � �u � � �� �+.� . __ l � -�. ��. ADDRESS � �+'l���Z l��- �(b��� �� PG�w�.�, �,�, s�,y���h� F�- ' � � 7J��- � � � f �L/r7r%'� 1�t� �i�'�7�9- N I C9 1��:1 r�e.� � r�� ��-�ar� �� � � �� , �� � ���� �� ��� , �?� �' ���-�. �C.- � ����� �� � lcso ���-�,o �cP� � ��� /� ����c, � 02, s_e,G.�� ll �� �. J r ���3 �G ��� '�"� ,/� �bu1S l9 �`j ��� � �� � c� � % L b � / � i /_1-,�,� yl � U� DA'I'E .��a�j�� <</�..�r,� t�/��/ �, � �l-a�-, — �1 11�2, (� ��! ��a�l;i � � �� �� � �/�� �� l / � � �� l � ��- �r � �r ��,�� � 11-��-�/ `� ��-i� i/��� �/1 � ��2g�1/ I l � lc��/L� I i c� ��� 1 �- � � �. A PETITION REQUESTING � NUISE AB�iTEMEI�tT OIZDINAI�CE We, the undersigned residen�s of Sebastian, having suffered wnreasso�no le noise from nearhy establishments, request the criy cotmcil adopt n� noise ordinance for the iliverfront District to inciude decible standards and fines for �olations. . � � ��' �-�✓A L ,�►' �R� rr� � � / . �o . ������� � ��-�- � ADDRESS � � ✓� 1i�?� � � �� - �_�� L_����� Id� ��b� . o�`�'( �� � � a��° � � �� �� �� � / � ���� T f.3 ��. ,� ����� � � � r Z 3' // r� I �-�-,tl �2�3�� �+ 0 � U N H •,-1 A � �+ N 8 a 0 � a� > v R U •,a E O � O U W � .,-� W 4-1 .� H C5 N O h � � � � 0 N � � F+ N .a E N v N A � .,� U � � 0 U �, a� •,a U b N � � .,� 6 p � � � �L � � VI � � •� � � � O V C� � � �� � O � O V � �L � � � � � � � � � � � •� r..� V � � � � � � � � � c � �� � 0 1I � � i "O t� A C '� � � a �, n c 0 0 e W N �-► � V1 ii W N �+ � N p• � � � � � n � � x � b � °. °'. � � a� r� o m -• o v. � � a� � < �., •� r •'� �. �, � � � '* n ,� �: �'a, ° � � t" b �r a ► y � � � � �* •-. d '� � � 'n p �, c'� es' c � t �. � �ar�a � � � �D C C�J � � � � � � � � � e�p' D� p � y O "C � A ... � � p o � � r � � � ,� � a C7 � R° ^ � �D � n � o b c O �. 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