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HomeMy WebLinkAbout10102012 Agenda SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 10, 2012 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FL OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION – Rev. Karen Leedahl, Christ the King Lutheran Church 3. PLEDGE OF ALLEGIANCE – Council Member Coy 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous voted of City Council Members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. pg 5 A. Proclamation - National Arts and Humanities Month – October 2012 – Accepted by Cultural Council Chair, Barbara Hoffman pg 6 B. Proclamation – Justin Riney – Indian River Lagoon Conservation Paddle Brief Announcements A. Halloween Costume Contest and Parade in Riverview Park East – 10 am B. Early Voting in Council Chambers – October 27 through November 3 – 7 am to 7 pm Each Day 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 7-22 A. Approval of Minutes – September 26, 2012 Regular Meeting 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 23-30 A. Construction Board (City Clerk Transmittal, Applications, List) i. Interview, Unless Waived, and Submit Nominations for One Regular Member, Engineer or Architect Position - Term to Expire 9/30/2015 ii. Interview, Unless Waived, and Submit Nominations for One Regular Member, Contractor Position - Term to Expire 9/30/2015 1 of 146 pgs 31-41 B. Natural Resources Board (City Clerk Transmittal, Applications, Ad, List) i. Interview, Unless Waived, and Submit Nominations for One Unexpired Alternate Member - Term to Expire 7/1/2014 9. PUBLIC HEARING Procedures for public hearings: • Mayor opens hearing • Attorney reads ordinance or resolution • Staff presentation • Public Input • Staff summation • Mayor closes hearing • Council deliberation and action Anyone wishing to speak is asked to raise their hand and when called, go to the podium and state his/her name for the record. pgs 42-67 A. Second Reading and Adoption Hearing of Ordinance No. O-12-10 - Amending LDC – Amending Various Permitted and Conditional Uses in Zoning Districts (Community Development Transmittal, O-12-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, ARTICLE V ZONING DISTRICT REGULATIONS, REGARDING VARIOUS PERMITTED AND CONDITIONAL USES, AS WELL AS ARTICLE VI, CONDITIONAL USE CRITERIA; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. (1st Hearing 9/12/12, PJ Ads 8/28/12 Legal, 9/4/12 Display, 9/25/12 Display, 2nd Hearing 10/10/10) 10. UNFINISHED BUSINESS 11. PUBLIC INPUT 12. NEW BUSINESS pgs 68-71 A. Resolution No. R-12-32 – FY13 Long Term Forecasts (City Manager Transmittal, Attachments A & B) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA MEMORALIZING FISCAL YEAR 2013 LONG RANGE GENERAL FUND FORECAST; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. pgs 72-105 B. Resolution No. R-12-33 FDOT Joint Participation Agreement for Main Street Access Road Improvements (Community Development Transmittal, R-12-33, JPA, Preliminary Plan) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A FDOT PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT TO PROVIDE FUNDING FOR MAIN STREET ACCESS ROAD IMPROVEMENTS AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. pgs 106-146 C. First Reading Ordinance O-12-11 - FEMA & Floodplains, Set Public Hearing for 11/14/2012 (Community Development Transmittal, O-12-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING CHAPTER 46 OF THE CODE OF ORDINANCES IN ITS ENTIRETY AND ENACTING A NEW CHAPTER 46 RELATING TO FLOOD DAMAGE PREVENTION, ADOPTION OF FLOOD HAZARD MAPS, DESIGNATION OF A FLOODPLAIN ADMINISTRATOR, AND ESTABLISHMENT OF PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. 2 of 146 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mayor Hill B. Vice Mayor Wright C. Council Member Coy D. Council Member Gillmor E. Council Member McPartlan 17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half hour by a majority vote of City Council) All City Council meetings are aired live on COS Comcast Channel 25 and streamed live on the City website www.cityofsebastian.org Hearing assistance headphones are available in the Council Chambers for all government meetings. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMODATION FOR THIS MEETING SHOULD CONTACT THE CITY’S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming Meetings: 10/24/12 Regular Meeting 6:30 pm 11/14/12 Regular Meeting 6:30 pm 11/28/12 Regular Meeting 6:30 pm 12/12/12 Regular Meeting 6:30 pm 12/26/12 Regular Meeting Cancelled 3 of 146 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-12-01 Regular City Council Meetings Public input is ALLOWED under the headings:  Consent Agenda  Public Hearings  Unfinished Business  New Business  Public Input Public input is NOT ALLOWED under the headings:  Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards);  Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments);  City Council Matters  Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual’s time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas “Public Input” provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 4 of 146 5 of 146 6 of 146 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 26, 2012 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Pastor Ellie Lea, First Presbyterian Church of Sebastian. 3. The Pledge of Allegiance was led by Vice Mayor Wright. 4. ROLL CALL City Council Present: Mayor Jim Hill Vice-Mayor Don Wright Council Member Andrea Coy Council Member Richard H. Gillmor Council Member Bob McPartlan Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Community Development Director, Joseph Griffin Administrative Services Director, Debra Krueger Finance Director, Ken Killgore Deputy Police Chief, Greg Witt Building Maintenance Supervisor, Marty O’Brien MIS Engineer Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council Members Mayor Hill said there had been a request to add an item to consider “Use of the Chambers” under New Business 12.D. There was consensus of Council to add the item. 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. 12.024 A. Presentation by Senior Center of Sebastian Board of Directors Council Member Coy introduced the Board of Directors and members of the New Sebastian Senior Center, gave a brief background on its inception and read a list of the Center’s donors who gave money, time and materials. She thanked all of them, City staff who participated in the renovation, and City Council for their support of the project. Mary McGee, representing the Seniors expressed gratitude to Ms. Coy for her efforts to get the center operating so quickly, and to all those who donated. Ms. Coy announced the Senior Center will have its grand opening on Friday, September 28, 2012. 7 of 146 2 Regular City Council Meeting September 26, 2012 Page Two 12.072 B. Certificate of Appreciation to Jane Schnee – Natural Resources Board Service Mayor Hill read and presented a certificate of appreciation to Jane Schnee, who offered her services to the City if needed. 12.117 C. Proclamation – Sickle Cell Anemia Awareness Month – September 2012 - Accepted by Bruce Glover, Supervisor, Sickle Cell Foundation Mr. Glover was not in attendance, therefore, this proclamation will be mailed. 12.118 D. Proclamation – Domestic Violence Awareness Month – October – Accepted by Art Ciasca, SafeSpace Director of Development Mayor Hill read and presented the proclamation to Art Ciasca who briefly addressed the audience on the importance of SafeSpace and invited the public to participate in their annual “Walk A Mile in Her Shoes” event on October 27th at Indian River Medical Center. 12.119 E. Proclamation – Pink Tie Friends – Breast Cancer Awareness Month – October 2012 – Accepted by Kathy Everett, President, Pink Tie Friends, Inc. Mayor Hill read and presented the proclamation to Kathy Everett, who invited the public to their annual benefit luncheon November 10th at Harbor Ridge Country Club and welcomed any help from the community to get the word out about their organization. 12.120 F. Dale Simchick – Sebastian River Area Little League Joanne Webster, Little League President, thanked the City for the work done on the Barber Street ballfield and Ms. Simchick displayed a video of the league in action with their players, umpires and volunteers. She asked the community for eight week volunteers to help out the league and said more information could be received from Joanne Webster by calling 633-8502. G. Brief Announcements i. Sebastian Police Dept. National Night Out Event in Riverview Park – Tues. 10/2/12 – 5 pm to 7:30 pm ii. SRHS Homecoming Parade on Indian River Drive – Main St. to Riverview Park – Thurs. 10/4/12 – 4 pm iii. Craft Club of Sebastian Show in Riverview Park – Sat. 10/6/12 – 9am to 3pm Mayor Hill read the brief announcements for the benefit of the viewing public. 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 – 9/12/2012 Regular Meeting B. Approval of Minutes – 9/17/2012 Special Meeting/Budget Hearing 8 of 146 3 Regular City Council Meeting September 26, 2012 Page Three 12.121 C. Approval of Street Closings for Christmas Parade – December 1, 2012 (City Clerk Transmittal) 12.122 D. Approve Alcoholic Beverage Use at Community Center for Kadlec Wedding – 10/6/12 2 pm to 8 pm – DOB Verified (Parks Transmittal, Receipt, Rental Permit Application) MOTION by Mr. Gillmor and SECOND by Mr. McPartlan to approve the consent agenda. Result of Roll Call: Ayes: All Nays: None Passed 5-0 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 12.112 A. Construction Board (City Clerk Transmittal, Applications, Ads, List) i. Interview, Unless Waived, Submit Nominations for One Regular Member, Plumber Position with Term to Expire 9/30/15 ii. Interview, Unless Waived, Submit Nominations for One Regular Member, Engineer or Architect or Contractor Position with Term to Expire 9/30/15 Mr. Wright nominated James Fortier to his same position and Harry Berry to the Contractor position. There were no other nominations. Mr. Fortier was appointed to the Regular Member Plumber position, with a term to expire 9/30/15. Mr. Berry was appointed to the Regular Member Contractor position, with a term to expire 9/30/15. 9. PUBLIC HEARINGS 12.040 A. Final Hearing on Millage for Calendar Year 2012 and FY 2012/2013 Budget (Finance Director Transmittals (4), R-12-28, R-12-29 and Schedule A, R-12-30 and Proposed Revised CIP, R-12-31 and Schedule A) i. City Attorney Advises Council on Procedure for Millage/Budget Hearing The City Attorney advised Council on the proper procedure in accordance with FS 200.065 for R-12-28 and R-12-29, that are all are under the heading of public hearing said, he would read all resolution titles, and individuals could speak during public input on any one or all of the four at that time. ii. City Attorney Reads Titles to Resolutions R-12-28, R-12-29, R-12-30, and R-12-31 The City Attorney read the titles for R-12-28, R-12-29, R-12-30 and R-12- 31. 9 of 146 4 Regular City Council Meeting September 26, 2012 Page Four iii. City Manager Announcement of Proposed Millage Rate of 3.7166 Mills Which is 4.26% Higher Than the Rolled-Back Rate of 3.5646 and Budget Overview The City Manager announced the proposed millage rate of 3.7166 mills which is 4.26% higher than the rolled-back rate of 3.5646. He thanked Council for their clear direction and deliberation during the process; and the Budget Committee and City staff for their work. He said the CIP is essentially the same as during the previous workshop but pointed out an increase to DST for the Fish House from $200K to $325K, for items such as additional fire suppression, piers, demolition though he was confident we could beat the cost and advised grants may be available. He said this is an appropriation but the expenditure would be contingent upon later Council approval of the project. He said he had spent $5,000 for Fish House engineering surveys, noted this reduces the DST reserve level from $792K to $662K, and cited $500K in DST funds for Cavcorp will also be contingent upon later approval of the project. He recommended approval of the CIP as proposed. He said there are no changes to the financial policies and recommended approval of R-12-28, R-12-29, R-12-30 and R-12-31. iv. Mayor Opens Hearing for Public Comment on Millage, Budget, CIP and Financial Policies Mayor Hill opened the floor for public input at 7:16 p.m. on millage, budget, CIP and Financial Policies. Mike Stern, Sebastian, said with the dismal economy it is wrong to raise tax rates, and obscene to change the nice green grass of the Cavcorp property. Damien Gilliams, said to increase the millage rate and raise the stormwater fee is wrong because real estate values are dropping and people are hurting, suggested that there is a discrepancy in budget pages 14, and 24 in regard to reserve amounts and capital projects He said it is a shame that Council allocated only $20K of CRA funds to the business community, while budgeting $130K for operating, while giving license fees to the Building Department enterprise fund. He asked why they are punishing the business community, and noted the Garage has a mechanic who got a raise. Pat Palmatore, Sebastian said she is not getting a raise and has to go to Vero Beach to work, that taxes are going up and income isn’t matching it, and asked Council to take this into consideration. v. Mayor Closes Public Comment Being no further input, Mayor Hill closed public input at 7:22 p.m. 10 of 146 5 Regular City Council Meeting September 26, 2012 Page Five vi. City Council Deliberation and Action 12.040 a) Adopt Resolution No. R-12-28 Millage Rate for Calendar Year 2012 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 3.7166 MILLS FOR THE CALENDAR YEAR 2012 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (TRIM Notice, Display Ad 9/22/12) MOTION by Mr. Gillmor and SECOND by Mr. Wright to approve Resolution No. R-12-28. Ms. Coy said everyone feels the pain of the economy and it will be a long time for good times again, Council has been cutting taxes for seven years and are down to the bottom, and asked, if they don’t raise the millage, what do they cut from the General Fund. She noted the City has gone from 150 to 107 staff members. She said she is personally upside down on her mortgage and noted her taxes, even with the increase, will be less than they were last year and for the majority of people that is the case. She said Council had to make tough choices and she was sorry but had no choice but to support the millage rate since we can’t take any more reserve money and not think about the future, because you never know when you will need it. Mr. Gillmor echoed her comments, noted he has two properties, and with this millage one went down and one went up, and stated when assessed property value goes down, the City receives less to operate. The City Manager noted that taxes had been cut for the last four years and Mr. Gillmor said we can’t do that anymore or we’ll get to the point where we’ll have to cut more employees which will reduce services. He noted that the City’s tax is a small portion of people’s overall tax bill, and for the services rendered, people are not spending much in Sebastian. Mr. Wright said we looked carefully at essential services and have cut expenses in the General Fund and with only a slight increase in the millage rate, said an average home valued at $99K will see a 1 cent per year tax increase, which won’t make or break anybody. He said we are doing a great job of providing essential services and there is really not much more we can do to cut services. He said he was in favor of this, because we can’t let the City go downhill and must maintain the quality of City as judicially as we can. Mr. McPartlan said staff has worked hard on the budget, and if we cut services, Sebastian will look less attractive and values will go down. He said we must maintain our level of service and he supports the millage and budget. Mayor Hill thanked the Budget Committee who worked tirelessly, said this is a lean budge and shows a $250K spending cut over the past several years. He said it is a fallacy that we are big spenders because Council has cut spending in the millions of dollars over the years. He said he was proud of every employee who has worked with Council, because the City has not lost its level of service, only slightly in the Building Department with the hour closing. He said this represents a lean budget for the City. 11 of 146 6 Regular City Council Meeting September 26, 2012 Page Six The City Attorney once again announced the millage rate of 3.7166 mills which is 4.26% higher than the rolled-back rate of 3.5646. Result of Roll Call: Ayes: All Nays: None Passed 5-0 12.040 b) Adopt Resolution No. R-12-29 Budget for Fiscal Year 2012/2013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY’S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND BUILDING DEPARTMENT FUND AS PROVIDED FOR IN SCHEDULE “A”, ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (TRIM Notice, Display Ad 9/22/12) MOTION by Ms. Coy and SECOND by Mr. Wright to approve Resolution No. R-12-29. Result of Roll Call: Ayes: All Nays: None Passed 5-0 12.040 c) Adopt Resolution No. R-12-30 Approval of Six-Year Capital Improvement Program for Fiscal Years 2013-2018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING A SIX-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS ENDING 2013-2018; PROVIDING REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve Resolution No. R-12-30 with project caveats. (Allocation made, but projects do not go forward until Council approves each project) Result of Roll Call: Ayes: All Nays: None Passed 5-0 12.040 d) Adopt Resolution No. R-12-31 Readopting Amended Financial Policies A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, READOPTING AMENDED FINANCIAL POLICIES GOVERNING VARIOUS AREAS OF BUDGET AND FINANCE AS PROVIDED FOR IN ATTACHMENT “A”; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 12 of 146 7 Regular City Council Meeting September 26, 2012 Page Seven MOTION by Ms. Coy and SECOND by Mr. Wright to approve Resolution No. R-12-31. Result of Roll Call: Ayes: All Nays: None Passed 5-0 12.107 B. Second Reading and Public Hearing - Ordinance O-12-07 – Backout Parking (Community Development Transmittal, O-12-07, No Parking Resolutions for Repeal) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTIONS 54-3-10.6(a)(3) AND 54-3-10.7(c)(1) REGARDING PARKING AREAS AND BACKING INTO A PUBLIC STREET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (PJ Ad 9/11/12) 7:38 pm The City Attorney read Ordinance No. O-12-07 by title and Mayor Hill opened the public hearing at 7:38 p.m. The City Manager gave a brief explanation, recommended approval with a modification. He cited agenda packet page 63, Ordinance Section 3 which will repeal four existing resolutions adopted in accordance with Chapter 98 of the Code of Ordinances which impose “no parking” regulations in specific zones, and while three of them are appropriate, R-99-25 would remove the prohibition on parking along the east edge right-of-way of Indian River Drive for its entire length and Council may want to leave that regulation in place and remove reference to repeal of R-99-25 in the ordinance. Damien Gilliams said as one of our revenue generators we have the park-in-lieu- of program, and it is good to use right-of-way to help businesses, but we are taking away percolation in the right-of-way, so we need to make up stormwater, suggesting we need to negotiate with businesses to chip in. He said he will show Council how to make up the $118K the tax increase will bring in. Ben Hocker asked if there had been consideration for eventual widening of the roadway, stating when two large vans travel down Indian River Drive it is already narrow and with cars are parked on the side will they overhang the road. He noted we had to put compact car parking near Captain Butchers because of narrow right-of-way. Mayor Hill closed the public hearing at 7:44 pm MOTION by Ms. Coy and SECOND by Mr. Wright to approve Ordinance No. O-12-07 as amended with the removal of reference to R-99-25 in section three. Mr. Wright said when looking at this, it does provide additional parking which is a good compromise, and engineers will tell us if there is adequate room. Result of Roll Call: Ayes: All Nays: None Passed 5-0 13 of 146 8 Regular City Council Meeting September 26, 2012 Page Eight 12.015 C. Second Reading and Public Hearing – Ordinance O-12-09 – PD Pension – Increase Employee Contribution to 8% in Accordance with PEA CBA (Administrative Services Transmittal, O-12-09) AN ORDINANCE AMENDING CHAPTER 58, ARTICLES III OF THE CODE OF ORDINANCES FOR THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ENTITLED “POLICE OFFICERS’ RETIREMENT SYSTEM”; IMPLEMENTING A PROVISION OF THE 2011-2013 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE COASTAL POLICE BENEVOLENT ASSOCIATION; PROVIDING FOR AN INCREASE IN MEMBER CONTRIBUTIONS; PROVIDING AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES INCONSISTENT HEREWITH. (PJ Ad 9/12/12) The City Attorney read Ordinance No. O-12-09 by title. The City Manager said this will increase the officers’ contribution from 5% to 8% for those hired before 10/1/11, will go to the Division of Retirement for review and be effective 10/1/12. Mayor Hill opened the public hearing at 7:48 p.m. Damien Gilliams said it is wrong to force first responders to pay out of their pockets especially when giving management staff increases, and questioned the increased millage when the unions are on furlough. He asked them to take time to raise revenues to keep officers here. Mayor Hill asked the City Manager if management staff gets paid for furlough days and the City Manager said no. Mayor Hill closed the hearing at 7:50 p.m. MOTION by Mr. Wright and SECOND by Ms. Coy to approve Ordinance No. O-12-09. Mayor Hill noted this was part of union negotiations. Result of Roll Call: Ayes: All Nays: None Passed 5-0 10. UNFINISHED BUSINESS 12.080 A. Indian River Drive - North Parking Lot (City Manager Transmittal, Neel-Schaffer Concept and Layout) The City Manager distributed an updated schematic (see attached) with an additional driveway. He noted the other improvement will be a sidewalk on property owned by Mr. Collins who has agreed to allow the sidewalk. He said he was looking for approval of $108,000 for fifteen parking spots, then he will draft an agreement with Mr. Collins of Captain Hiram’s for the next meeting and in the interim move forward with the bid for construction. 14 of 146 9 Regular City Council Meeting September 26, 2012 Page Nine Damien Gilliam said they are using $108,000 from DST tax funds and raising the millage rate, and are going to put in 15 spaces at taxpayers’ expense in front of the most expensive property in the community. He suggested selling the spaces to the business to bring in income to the community. He said this is called political pay back. He recommended they see if he is willing to pay to save taxpayer money. Ben Hocker, Sebastian, noted $115K (actually $108K) was allocated for 15 spaces, and said he thought the in-lieu-of program price per space was $2,000 and now we are going to put a sidewalk on private property. He asked who would be the insured, and if there is an injury on a town funded sidewalk, which party has the liability. He again expressed concern for the narrowness of the road and asked if the speed limit would be reduced from 30 mph. The City Manager recommended approval of the design. Mayor Hill said the cost is already in the budget. MOTION Mr. Wright and SECOND by Ms. Coy to approve the layout as designed. Mr. Gillmor questioned Mr. Mr. Hocker’s concern about the cost per space for the in-lieu- of parking and said it was a reasonable argument. Mr. Gillmor asked how we got to $7K per spot. The City Manager said when looking at Mulligan’s there were other incentives such as correcting a blighted area, the mixture of parking availability and addition of Presidential Streets, and that the cost of parking in our right-of-way with stamped concrete is more expensive. The City Manager said we are trying to identify parking such as we have done with Coolidge, Cleveland, and Indian River Drive, to enhance the waterfront, and we still have the ability to do parking in right-of-way. He said if we ask to use private property for public use, and add additional parking we should add a sidewalk to keep it safe. He said the cost for the sidewalk is $24K which is already included in the cost. Mr. Gillmor asked him if we had asked Hiram’s to pay for the sidewalk. The City Manager said we had not yet and could, but he wanted to get it out to bid, and we may be able to use an internal crew with the continuing contract with Jack Regan and beat the number by half. Mr. Gillmor said throughout the whole process, any right thinking person would see the City is putting in parking for Captain Hiram’s, because it is right in front of the bar, but regardless, anyone can park there. He said he had a problem with the whole project and even more so now that we are going to pave private property. Mr. Wright said the riverfront is one area where we have economic growth and a successful economic engine, and parking is an issue. He said we are increasing parking in other areas and parking increases use of facilities throughout the riverfront, and to take this and make into public use doesn’t cause him concern because it is consistent with our plans for the CRA. He noted Captain Hiram’s is one of the City’s top ten tax payers. He clarified that there is a difference in where funds come from and are specified for specific types of projects and General fund moneys are out of other pockets and there are restrictions on its use. In response to Mayor Hill, the City Manager said Captain Hiram’s is not required to do this for expansion, and if there was an expansion and they needed to use this parking would not have to pay a fee. 15 of 146 10 Regular City Council Meeting September 26, 2012 Page Ten The City Manager said Hiram’s is considering a hotel expansion on the west side of Indian River Drive and this parking helps to encourage business. Mayor Hill asked again, if he had to use those City spaces to meet his parking requirements, would he have to pay the fee and the City Manager said he would. Mayor Hill said we are not requiring Hiram’s to do this, that we do this type of parking throughout the district and the goal is to increase parking. Mr. McPartlan said he is for more parking on Indian River Drive but didn’t see the need for the sidewalk and that he sees people now walk out to the street from their cars. The City Manager said the sidewalk is to meet public safety and code requirements, though it won’t keep everyone from walking to Indian River Drive and a sidewalk behind the cars would be a code violation. Mr. McPartlan said we will need extra space because bumpers will be sticking out and he did not think it will take the space with large trucks. The City Manager said behind the cars will be a two foot Miami curb to provide a little buffer. Mr. McPartlan asked if it could be done without the sidewalk. Mayor Hill said parking spaces in the CRA district all have sidewalks. Mr. Gillmor agreed if we are going to do this, the sidewalk is important, but we don’t have enough room. He said if the owner would donate or pays for the sidewalk it is a different story but as it is right now, he felt that money is money and we could pave a whole street that needs paving with the $108K. He said we need to rethink this. Mayor Hill agreed with the City Manager and Mr. Gillmor that the sidewalk is necessary to provide safety. Result of Roll Call: Ayes: Hill, Coy, Wright Nays: Gillmor, McPartlan Passed 3-2 Mayor Hill called recess at 8:20 pm and reconvened the meeting at 8:37 pm. All members were present. 11. PUBLIC INPUT Ruth Sullivan, 1250 Indian River Drive, Sebastian, distributed a newspaper article on the Cavcorp property, said many years ago a heavy base was installed, the lot does not need paving, and that paving, installation of catch basins and landscaping will cause spaces to be lost, and there is no need to spend half million dollars which will reduce boat trailer parking. She said we have nearby parks to enjoy festivals, they could lengthen the side to provide trailer parking, put two cars spaces in a trailer lot for festivals, and that boat trailer parking must be near the boat ramp. Dale Simchick, Sebastian, said Sebastian Charter Jr. High School is the number one middle school in Indian River, announced they have broken ground on their $2.8M addition, and promoted a fundraiser 5K run Saturday at 7 am to help fund the school. 16 of 146 11 Regular City Council Meeting September 26, 2012 Page Eleven She then announced the Sebastian Property Owners’ first Monday monthly meetings at the North County Library and next Monday’s speaker will be Russ Lemmon. Jim Sunnycalb, Sebastian said he is kind of the overseer of Riverview Park, and the Christmas Tree, because of outage problems with the current lights, needs to have LED lights installed and was told by the City Manager that it would take $2500 to replace them. He said many people come to the park during this season and it is important that the tree lights work. Jerome Adams, Sebastian, gave suggestions for the Senior Activity Center such as an HD outdoor antenna for TV reception, discounts available for internet services for non- profits, use of magic jack to plug into internet for phone at a cost of $70 and $20 per year. Damien Gilliams congratulated Ms. Coy for her effort on the Senior Center, will contribute $100, and suggested maybe she could start a citizens’ academy. He said he sent Mayor Hill an invitation to debate on October 25, the City contributing to the utility installation on Davis Street was wrong because other utilities don’t ask us to contribute as the County has done. He said the amount derived from the increased millage rate is a pittance, and did not understand why we couldn’t find that. Ben Hocker said there is row of shrubbery on Hiram’s premises, and asked if that will be moved, said we have a candidate putting signs in right-of-way, and since we have maintenance and parks department personnel, he would like to see the signs extracted because it is a blight. 12. NEW BUSINESS 12.123 A. Award Bid and Authorize Execution of Contract by City Manager for Airport Runway Improvement Project to Hi-Lite Markings, Inc. in the Amount of $41,055 and Authorize Execution of Work Authorization by City Manager Under the Continuing Engineering Services Agreement with Michael Baker, Jr. Inc. in the Amount of $114,250 (Community Development Director Transmittal, Bid Invitation, Bid Tabulation/Recommendation, Agreement, Baker Scope/Fee Estimate, Independent Fee Estimate) The Community Development Director/Airport Director gave a brief overview of the runway improvement project and recommended approval of the agreement and work authorization. MOTION by Gillmor and SECOND by Coy to approve Ordinance No. O-12-09 Result of Roll Call: Ayes: All Nays: None Passed 5-0 12.028 B. Preliminary Review Proposed New Fishermen’s Landing Sebastian Lease (City Manager Transmittal, Lease [176 Pg Lease Exhibits Are Under Separate Cover Due to Size]) 8:57 pm 17 of 146 12 Regular City Council Meeting September 26, 2012 Page Twelve The City Manager explained the background on the prior Fisherman’s Landing Lease, and the partnership between the City and FSL up to the point of notification by FCT that the City was not in compliance due to the restaurant operation FSL entered into in the Hurricane Harbor location, the six months of negotiations that culminated in the proposed lease agreement before Council tonight to terminate the current lease, return the Hurricane Harbor location to the City, then allow Fisherman’s Landing to operate the Dabrowski property with a new lease, which provides for the City to construct the fish house. He said Council can say no, approve and send to FCT for review, or discuss options on how to move forward. He said he was here to answer questions and go through the lease paragraph by paragraph if need be. Public Input Louise Kautenburg, Sebastian, said she was pleased with the positive attitude in going forward, however, expressed concern for the 21 year term, vague financials, and the large number of special events provided for without stringent limitations. She encouraged Council to take time to review the proposed lease and make it right. Damien Gilliams said this is a joke, that money wasn’t properly handled, we will pay everything and they pay nothing, but get everything. He said this should be a 100 page lease, and taxpayers are still waiting for a museum, we will have to man the museum, and we are not getting anything but a dollar a month for the next twenty years. Ben Hocker, Sebastian, said we have $4 M in taxpayer funds invested, that one third of the parking on the west side will be exclusive use for the Dabrowski property, but right now there are signs that say if you are not in the fish market or visiting the waterfront you can’t park there which contradicts adding more parking to the City. Mr. Hocker cited his family’s 75 year fish house business, said we don’t have enough traffic in this area to support a fish house, and maybe we would be better off if we operated the entire operation. Mr. Wright said he had done a preliminary review, that there was a huge amount of detail to digest in three days, and suggested that they all spend more time in review since they were not in on the six month negotiation. He said he would like to see financial analysis and financial statements, needed analysis of our on-going costs, expressed concern regarding City liability without complete control, and that special event insurance should not be a requirement of the City. He said he hoped the events would be educational and would not close down Indian River Drive six times per year. He said last year he was in favor of a closing time of 8 pm for the eatery and would like to that put forward, did not understand why we would agree to a 21 year lease term, and said he would hope there would be grants available to substantially reduce the City’s cost. He asked, with the long term lease, what would happen if the fishermen can’t make a living and leave the location, stating we need to make certain they can meet their obligations without the City assuming them, and the City’s financial costs should be kept to a minimum. He said he would like to see additional documents provided, and see if there are alternative means to compromise. He said FSL did put work and money into the Hurricane Harbor site at an estimated $250K, and it would make sense to make a similar contribution back to them, but what he sees does not balance. He said he was not sure if the lease needs to be rewritten or maybe we could just modify the existing lease. He said right now we have a terrific fish market, with a good appearance, and he understands Billy is ready to operate the eatery, and that would benefit the community 18 of 146 13 Regular City Council Meeting September 26, 2012 Page Thirteen immediately. He said maybe we need to modify the lease agreement to suit our needs, said we thought we would put up upfront money and they would stand on their own two feet, and now we’re not seeing they can’t, so we have a lot of work to do before we move forward. Ms. Coy said she too was concerned about the 20 year lease, and we need a clear rationale as to why that is necessary. She asked, on the six annual events, if they have to obtain a temporary use permit from the City and the City Manager responded the lease would be their permit for the uses. Mayor Hill agreed this is new to all of us, and we will have to spend time with Mr. Ginsburg and Mr. Minner, it is a lot to absorb, and with the understanding that staff has been working on this for six months there is not a rush, and though we don’t want to drag our feet, it is unwarranted to ask Council to approve it in less than a week from receipt of the materials and send it off to the State. Ms. Coy said around 2005, Captain Butchers was the initial sight for this that the County was going to purchase with Land Acquisition funds, but because the County offered $7.75M rather than the $8M asking price, the seller declined. Mr. Gillmor said if we could rewind we would do things differently, and hoped we would have a manager on the property by now, said he thought Council was missing the concept, that the reason we got the grant was to save commercial fishing and without the fishermen, what’s the point. He said part of the grant was to cement the history of commercial fishing and spot light the museum, and without the work of Charlie Sembler, we would not have the Hurricane Harbor in the condition it is in now. He said the fishermen didn’t want the Hurricane Harbor and we didn’t have oversight but that is our property. He said if the LLC is dissolved, the City gets the property back, and in the proposed lease, the money comes to us. He said we have to keep our eyes on the larger concept; we want to succeed and to have viable businesses, preserve history and hope commercial fishing will continue. He said he had no problem with a longer term lease and fish are the whole reason we did this. Mr. McPartlan said he supported the concept of the working waterfront, and shared Mr. Wright’s concerns about lack of financials, said we need to tighten up the six events, and that we all want to see it be viable and successful, because FLS did put time and money into it. He said this is preliminary, and we have time to look it over and make sure it’s good. Mayor Hill said he hears concerns and advised that individual members get with the City Manager and City Attorney, digest it over the next several weeks and see if this or a different document comes back, and did not see a major rush. Ms. Coy said we need to discuss this at the next meeting. Mayor Hill again suggested taking time and said we may want to workshop it, will need time to have a conversation and did not want to place it on the next agenda. The City Manager said staff had spoken with some members of Council on an individual basis, and have talked to FLS, have butted heads with our partners trying to find common ground and not throw blame, and just by allocating funds in the CIP FLS sees 19 of 146 14 Regular City Council Meeting September 26, 2012 Page Fourteen Council is committed. He said it seems Mr. Wright’s comments are in line with the majority of Council, you want to demonstrate you are good stewards of public funds, and said he thought it could work. He said we need to revisit the liability issue if we want to have the public out there, and better delineate or define the special events and decide if there is a better option. He said staff wants to hear from each member of Council individually and then they will talk to our partners again, and will report back when we think we are ready. Again he said let’s fix not blame. He said in his conversations with Attorney Stringer FLS seems to be open to discuss points. Rich Stringer, legal counsel for FLS, invited each member to sit down with him or Mr. Adams, stating there are reasons for everything in there. He said the fishermen showed good faith in finishing the Hurricane Harbor building, and sometimes things get lost in a third party. 12.124 C. November and December Meeting Schedules (City Clerk Transmittal) The City Clerk said the November schedule looks fine but at Council’s discretion, they may want to cancel the December 26th meeting since it is in a two day work week between two holidays. MOTION by Hill and SECOND by Mr. Wright to cancel the second December meeting passed without objection. D. Request for Use of Chambers by Damien Gilliams for Forum (added during agenda modifications) MOTION Ms. Coy and SECOND by Mayor Hill to deny the request. Damien Gilliams said he was the applicant that wanted to reserve the Chambers for a debate, was a 28 year resident, that SPOA had canceled its forum on October 25th, that he had a non-profit and had participated in four debates, had served as Chairman of Code Enforcement Board, worked for ABC news and asked why he couldn’t debate the Mayor and invite others as well, that it would be good for the community. He asked why they were denying use of city assets and what they had to hide unless they could tell him what he didn’t meet criteria. Mayor Hill started to respond to Mr. Gilliams and Mr. Wright called a point of order stating this was inappropriate, no one had denied Mr. Gilliams anything at this point and this should be a Council deliberation and not an individual opinion. Mayor Hill said Council will do its due diligence and he had not been denied yet. Mr. Gilliams said he would like to stay at the podium and answer questions after Council deliberation as the previous speaker had. Mayor Hill said we will not have a debate here, that he had five minutes, and if Council had questions they will ask and he could respond. Mr. Gilliams submitted as a citizen, he had the right to use the facility, again listed his reasons, said he volunteered for the community, and did not see anything unusual with his request unless they are afraid to give access just like any other use. 20 of 146 15 Regular City Council Meeting September 26, 2012 Page Fifteen Mr. Gillmor asked who he envisioned running this forum, and Mr. Gilliams said there are associates in Kids Net 50 available. He said they contacted the Press Journal and have a few options and if they can’t do it he would be happy to withdraw. He said it would be done professionally. Ms. Coy said in accordance with the policy he must have experience and asked him to state his experience and that the organization must be a non-profit and his is an LLC. Mr. Gilliams said it is a non-profit. The City Manager said staff provided FL corporate documents to Council. Ms. Coy asked if they had by-laws and Mr. Gilliams said he wasn’t sure he would get on the agenda but that would not be a problem. Ms. Coy asked that it be delivered to the City Manager the next day. Mayor Hill asked if Council had any more questions. Mr. McPartlan said he would like to see some financials because with over ten years of being in this business, he had never heard of this organization and wanted to know what goes back to the children. Mr. Gillmor said Mr. Gilliams explained this many months ago, giving money back for items sold, and he would not cast dispersions on him, that his idea was good. Mr. Wright said we established rules for holding political forums in these Chambers and he asked the City Attorney if he felt this meets the requirements. The City Attorney read the requirement from the City Broadcast Policy which in part provides for verifiable information showing experience in hosting at least one forum. Mr. Wright asked if the City Attorney has that information and the City Attorney responded the request is not sufficient at this time. Voice vote (to deny) carried 5-0. 13. CITY ATTORNEY MATTERS None. 14. CITY MANAGER MATTERS The City Manager thanked everyone for their work on the 2012-2013 budget. 15. CITY CLERK MATTERS The Clerk advised it was 10 pm and a motion to continue was required. MOTION by Mayor Hill and SECOND by Ms. Coy to continue the meeting up to 10:30 p.m. carried on a 5-0 voice vote. 16. CITY COUNCIL MATTERS A. Council Member McPartlan Council Member McPartlan urged people to support the Sebastian PD National Night Out next Tuesday in Riverview Park. 21 of 146 16 Regular City Council Meeting September 26, 2012 Page Sixteen B. Mayor Hill Mayor Hill commended everyone on the budget. C. Vice Mayor Wright Mr. Wright said a lot of positive things were done because of careful financial analysis, prudence, and going forward we can maintain the same millage rate, as the public expects us to do and at the same time maintain quality. He extended his congratulations to Ms. Coy for her effort with the Senior Center, an example of what can be accomplished if we work together. D. Council Member Coy Ms. Coy thanked him and reported on her meeting with Karen Deigl, which needs to be agendized down the road, and asked for names of North County residents to serve on the Senior Resources Board to be turned over to the City Manager who will turn them over to Commissioner Davis. She said she will meet with Mayor Adams to try to schedule a workshop with Fellsmere on Go-Line concerns. She said Jason Nunemaker, Fellsmere City Manager will contact Mr. Minner. She said the Senior Center needs $800 for a 55’ flat screen TV to go along with a donated Wii System. E. Council Member Gillmor Mr. Gillmor advised the Art Center will be open during the Senior Center opening and invited people to stop in. 17. Being no further business, Mayor Hill adjourned the Regular Meeting at 10:05. Approved at the October 10, 2012 Regular City Council meeting. _______________________ Jim Hill, Mayor ATTEST: _______________________ Sally A. 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