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HomeMy WebLinkAbout10102012 Minutes�� .7�'� �,,�� HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 10, 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. The invocation was given by Rev. Karen Leedahl of Christ the King Lutheran Church. 3. Boy Scout Troop 599 led the Pledge of Allegiance. 4. ROLL CALL City Council Present: Mayor Jim Hill Council Member Andrea Coy Council Member Richard H. Gillmor Council Member Bob McPartlan City Council Absent: Vice Mayor pon Wright, Excused Staff Present: City Manager, AI Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Community Development Director, Joseph Griffin Building Director, Wayne Eseltine Finance Director, Ken Killgore Senior Planner, Jan King MIS Engineer Analyst, Rob Messersmith Police Chief, Michelle Morris Community Policing Officer, Steve Marcinik Building Superintendent, Marty O'Brien 5. AGENDA MODIFICATIONS Modifications and additions require unanimous voted of City Council Members None. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 12.116 A. Proclamation - National Arts and Humanities Month — October 2012 — Accepted bv Cultural Council Chair, Barbara Hoffman Mayor Hill read and presented the proclamation to Barbara Hoffman who announced that Sebastian was recently named one of top ten places for intellectual individuals to retire. Regular City Council Meeting October 10, 2012 Page Two 12.125 B. Proclamation — Justin Rinev — Indian River Lagoon Conservation Paddle Mayor Hill read the proclamation and announced he will join Mr. Riney at Sebastian's twin piers next Tuesday, October 16th around 3:00 p.m. to help raise awareness. 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 Mayor Hill read the brief announcements for the benefit of the viewing public, noting the Halloween parade will take place October 27tn 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 starf of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes — September 26, 2012 Regular Meeting MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve the consent agenda passed with a voice vote of 4-0. (Wright absent) 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, List) Interview, Unless Waived, and Submit Nominations for One Regular Member, Engineer or Architect Position - Term to Expire 9/30/2015 Interview, Unless Waived, and Submit Nominations for One Regular Member, Contractor Position - Term to Expire 9/30/2015 MOTION by Mayor Hill and SECOND by Ms. Coy to have Mr. Redden serve another term in the Engineer or Architect position and Mr. Hosey serve in the contractor position. There was no objection from Council. 12.072 B. Natural Resources Board (City Clerk Transmittal, Applications, Ad, List) Interview, Unless Waived, and Submit Nominations for One Unexpired Alternate Member - Term to Expire 7/1/2014 Mr. Deredita said he has been a resident since 2002, taken full advantage of all of the natural resources, is concerned about the long term health of the Lagoon, and would like to give back to the community. Mr. Pollack said he was new to the area and would like to learn more, hoped his legal and military background would be useful to help improve things in the Sebastian area. Regular City Council Meeting October 10, 2012 Page Three Mr. Gillmor nominated Mr. Deredita and suggested holding Mr. Pollack to the next vacancy. There were no other nominations. Mr. Deredita was appointed to the unexpired, alternate member position. Other Committee Matters Ms. Coy said she met earlier with Mayor Susan Adams and City Manager Jason Nunemaker of Fellsmere about mutual concerns and she asked to agendize the scheduling of a joint workshop with Fellsmere to join forces and make changes to those concerns. Mayor Hill said he was willing to have a workshop. Ms. Coy said given the recent issues with the Indian River County MPO and Senior Resources Association along with Mr. Gillmor's busy schedule, she volunteered to attend the remaining MPO meetings for Mr. Gillmor until the election reorganization. There was no objection from Council. 9. PUBLIC HEARING 12.114 A. Second Readinq and Adoption Hearinq of Ordinance No. 0-12-10 - Amendinq LDC — Amendinq Various Permitted and Conditional Uses in Zoning Districts (Communitv Development Transmittal. 0-12-10) 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, 2"d Hearing 10/10/10) Mayor Hill opened the public hearing at 6:55 p.m. and the City Attorney read the title of Ordinance No. 0-12-10. The City Manager said this ordinance makes changes to specific zoning classifications and staff recommended approval. Ron Spoda, representing a property owner on U.S. 1 to Indian River Drive, said he understood this would prohibit medical use and it would be wrong to restrict any development in these hard economic times. Mayor Hill assured him that the ordinance does not restrict all medical use and his property would be allowed to continue as an "allowed use." Damien Gilliams said the most important thing to emphasize for the future economy along the riverFront is going to be health care along with electronic use such as the internet, so medical use should not be excluded. The City Manager recommended approval and confirmed the zoning and land use for Mr. Spoda's medical facility would not change. MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve Ordinance No. 0-12-10. Result of Roll Call: Ayes: All Nays: None Passed 4-0. (Wright absent) 10. UNFINISHED BUSINESS — None. Regular City Council Meeting October 10, 2012 Page Four 11. PUBLIC INPUT Bill Simmons, Drawdy Way Resident, asked Council to revisit and rescind their decision regarding the parking in front of Capt. Hiram's. Damien Gilliams echoed the previous speaker. Mayor Hill reminded him that item was on the last agenda and was disposed of. Mr. Gilliams said when Council raises taxes and then gives entitlements by providing parking for one business but makes another business pay the "Parking in Lieu Of Program" and water/sewer is to be installed down Davis Street for developers, Council needs to play by the same rules. He said when Council has the audacity to raise taxes and the storm water fee how could they not give employees a raise. He suggested matching the CRA budget with the Florida General Fund or the Florida Small Business Credit Initiative to help all the businesses prosper; get innovative by starting a resource center, partnership with the college, or start a citizens' academy. 12. NEW BUSINESS 12.004 A. Resolution No. R-12-32 — FY13 Lona Term Forecasts (City Manaqer 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. The City Attorney read the title of Resolution No. R-12-32. The City Manager said this resolution does not set anything in stone but it memorializes a plan to project where the City needs to be. For the record, he said Mr. Wright asked him to relay to Council that he wanted to keep the reserve fund steady and not use any further reserve funds for any future budgets. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve Resolution No. R-12-32 for discussion. Jerome Adams said there is no cost of living adjustment or merit increases for staff and asked Council to consider a one time bonus to say thank you and boost morale. AI Boettjer, Staff Representative, Coastal Police Benevolent Association (PBA) and Coastal Public Employees Association, 1166 Pelican Bay Drive, Daytona Beach FL, said all of the employees have partnered with the City to keep it functioning and the resolution indicates there are no changes until year 2022 which is fourteen years without any increases in employee benefits. He asked Council to consider the employees position, it tells employees that there isn't any hope; a little something will go a long way in these times as mentioned by the former speaker. Regular City Council Meeting October 10, 2012 Page Five Steve Marcinik, PBA Representative for the Police Department, said he understood there is a contract in place but after listening to the City Manager's forecast last year there were words of optimism with the reduction of furloughs and possible merit/cost of living increases; the preservation of employee honor and dignity is done by negotiating some benefit. He said employees continue to feel the reduction of benefits making the City a stepping stone for new hires who leave for careers elsewhere which reduces the quality of life for the citizens who are attracted by the talents of the employees; and understood the financial conditions of the City, but not why the employees are low on the priority list. Marty O'Brien, PEA Representative, said last year there was optimism and while no one saw the economic collapse to be as bad as it is, he couldn't see adopting the resolution for the next ten years with the same prediction especially when the union is being told in advance what they will be able to bargain with. Bill Simmons, Drawdy Way, Police Department Volunteer, suggested taking the allocated $108,000 for parking on north Indian River Drive and putting it towards the police officers. Damien Gilliams said while the resolution does not bind Council, it is sounding off alarms, cited the budget increases on page 40, noted the financial policy only calls for a reserve of 30% so there is money to give employees a raise; a meeting with Fellsmere should be called sooner because their employees just received a raise; for salary assistance start a citizens academy, do more festivals and keep the money noting it will cost more in training when first responders start to leave. In response to Mayor Hill, the City Manager said this was not a budget but a long term vision preparing for the worst, hoping for the best. The City Manager said as part of the bargaining unit, he intends to negotiate in good faith, last year the union didn't believe the budget would sink again but it did, he had not used words of optimism but stated during the FY13 budget process he forecasted bargaining issues such as rethinking the furlough program because there isn't money to rebuild the unpaid days so negotiations will have to begin with keeping the existing cost where it is, otherwise the budget will be impossible to rebuild. He also said if growth occurs sooner, folding the forecast chart to cut out FY14, FY15, FY16 to display, and said the funds may then be available to negotiate. He said he is properly planning how finances will go and as an employee, he has taken the hits too; and when growth starts again there will be money to address the needs. Mayor Hill said salaries have declined rapidly since FY09 leveling out at FY13 so it is somewhat optimistic, the economy dictates the bargaining uniYs position, every single person in our community has been hit hard too and they should be cautiously realistic going forward. Mr. Gillmor said since the resolution does not bind Council to any tax rate or expenditure, he asked why they should do it. The City Attorney explained while it does not bind Council, it is the City Manager telling Council what to look forward to in the coming years, and by adopting it, they would be putting their stamp of approval on it. Regular City Council Meeting October 10, 2012 Page Six Mr. Gillmor said it assumes the revenues will continue to go down but in talking with real estate folks the market is on the rebound, and believes assessments will go up, that this is a disservice to employees by going to year 2022 with no increases, and would not support the resolution. Ms. Coy noted she didn't disagree with the assessment; it was a fluid document that could go either way, they were not required to adopt it, it sends a negative message to staff, and she withdrew her motion. The City Manager said his intention was to arm Council with information that demonstrates to the public how the funds are spent, they are not big spenders but are properly planning, he was sympathetic to the employees but the market generates where benefits need to be and this year the employees' health benefit was increased and they still cut the budget. Mr. McPartlan said the forecast indicates it will be cloudy for 10-14 years and the City is ready for it to be rainy, the economy doesn't look good, he too is a career state employee with no hope of a raise, he believe values will go up and the employees will be taken care of, but they do need to plan ahead. MOTION by Mr. McPartlan and SECOND by Mayor Hill to approve Resolution No. R-12- 32. Result of Roll Call: Ayes: McPartlan, Hill Nays: Coy, Gillmor Failed 2-2. (Wright absent) 12.126 B. Resolution No. R-12-33 FDOT Joint Participation Aqreement for Main Street Access Road Improvements (Communitv Development Transmittal R-12-33 JPA, Preliminarv 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. The City Attorney read the title of Resolution No. R-12-33. The Community Development Director said he is trying to improve the intersection and create another cul-de-sac area for industrial development and recommended approval. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve Resolution No. R-12-33. Damien Gilliams complimented the Community Development Director, cited a total project cost discrepancy on page 76, said a preliminary layout to show potential tenants what will be available would expedite matters, and there is more money to receive from the state and federal governments. Jerome Adams also complimented staff for accessing funds to get the project done and encouraged staff to apply for other funds for projects that might be in the pipeline. Regular City Council Meeting October 10, 2012 Page Seven Result of Roll Call: Ayes: All Nays: None Passed 4-0. (Wright absent) 12.127 C. First Reading Ordinance 0-12-11 - FEMA & Floodplains, Set Public Hearinq for 11/14/2012 (Communitv Development Transmittal, 0-12-11) 7:55 pm 8:09 pm 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. The City Attorney read the title of Ordinance No. 0-12-11. The City Manager said FEMA and Department Emergency Management (DEM) have undergone changes on how they will promulgate floodplain regulations; DEM is requiring flood plain regulations be part of the City's building code and FEMA has changed the flood maps, the ordinance is required to stay in the National Flood Safety Program. The Building Official presented a PowerPoint presentation. (See attached) Frank Watanabe, P.E., Neel-Schaffer, Inc., gave a PowerPoint presentation highlighting the homes in protested flood areas that have been cleared by FEMA which is good news. (See attached) In response to Ms. Coy, Mr. Watanabe clarified that residents can receive letters from the Building Department that their area is no longer in a flood zone and they can apply for cheaper insurance. MOTION by Ms. Coy and SECOND by Mayor Hill to pass Ordinance No. 0-12-11 on first reading. In response to Damien Gilliams, the City Manager said the residents would not be charged a fee to see if their home is in a flood zone noting all Building Department fees are promulgated by resolution. John Tenerowicz, Sebastian, noted the overhead displays are not legible to the viewing public. Result of Roll Call: Ayes: All Nays: None Passed 4-0. (Wright absent) 13. CITY ATTORNEY MATTERS — None. 14. CITY MANAGER MATTERS - None. 15. CITY CLERK MATTERS — None. Regular City Council Meeting October 10, 2012 Page Eight 16. CITY COUNCIL MATTERS A. Mayor Hill — None. B. Vice Mayor Wright — Absent. C. Council Member Cov Ms. Coy said there have been speakers and general public comments about Capt. Hiram's and a lot of tone of "Old Poor Mulligan's, why do they have to pay for parking." She said the public needs to know that Mulligan's is not complaining about the parking at all, they participate in the Parking in Lieu of Program which has provided for the expansion of their restaurant allowing them to receive a liquor license. She said the City has been a good steward and encourages business for everyone downtown. Mayor Hill pointed out the parking at Capt. Hiram's is public parking; it is not required, making the situations totally different. He said Mulligan's needed the extra parking. Ms. Coy asked the public to get the facts before they get emotional and share untruthful information. D. Council Member Gillmor Mr. Gillmor said the first show for the Sebastian River Art Club show is this Saturday, October 13 from 10 a.m. to 4 p.m. at the Art Center. E. Council Member McPartlan Mr. McPartlan reminded the public that October is Domestic Violence Awareness Month and invited the public to join him and "Walk A Mile" in her shoes October 27 at Indian River Memorial Hospital noting the money must be submitted ahead of time so they can order the correct shoe size. 17. Being no further business, Mayor Hill adjourned the regular meeting at 8:16 p.m. Approved�at the October 24, 2012 Regular City Council meeting. "ATTEST: t� � � :�-� � � � (,� � Sally A. M'o, MMC — City Clerk