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HomeMy WebLinkAbout07242013 Minutes CIIY OF 0 • • • HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 24, 2013 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McPartlan called the Regular Meeting to order at 6:30 p.m. 2. There was a moment of silence. 3. The Pledge of Allegiance was led by Mayor McPartlan. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice-Mayor Don Wright Council Member Jerome Adams Council Member Andrea Coy Council Member Jim Hill City Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Community Development Director, Joe Griffin Parks Supervisor, Chris McCarthy Deputy Police Chief, Greg Witt MIS Systems Engineer, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS 13.108 A. Proclamations/Awards Proclamation and Presentation of Pelli Award —GFWC Sebastian River Junior Woman's Club Mayor McPartlan read the proclamation and Pelli award, presented them to GFWC Sebastian Junior Woman's Club members and congratulated them on all they offer to the community. Regular City Council Meeting July 24, 2013 Page Two 13.109 B. Michael Stern Brief Presentation — Idea for Monthly Event in Riverview Park (Transmittal, Letter with Narrative, Application) Michael Stern presented his idea for a monthly 3rd Friday evening event in Riverview Park much like those held in Vero Beach and Melbourne, which could help local businesses and youth programs such as the soccer, football and baseball leagues. He explained the sports leagues would have groups work in the festival at drink and food booths. He said he was interested in working with the Chamber and other organizations. In response to Mr. Hill, Mr. Stern said he did not consider alcohol because he wanted it to be family friendly, recapped his founding and participation in an event in Sunrise Florida that continues today, he has the time and energy, the event would benefit local business vendors, would include food, crafts, a Sebastian has got talent contest, and would be a fundraiser for the sports leagues, which would run their own booths and keep whatever they make. Mr. Hill said he was in favor of the idea of a monthly event but would need more information before he approved it. In response to Mr. Wright, who noted this is intended to be for profit, and asked for his rationale, Mr. Stern said he had no problem with registering as a non-profit, was not a 501 c3 at this time and sometimes for profit for events such as this are more profitable. Mr. Wright stated that past councils have not gone for for-profits in Riverview Park, noted that for other annual events the City hosts, the City typically gets financial statements to verify that funds collected go to charities and non-profits. He also said the fact that Mr. Stern saying that he would supply the list of vendors after approval raised a red flag for him. Mr. Stern said getting them prior to approval would be difficult and Mr. Wright said he could at least identify the people who are interested. Ms. Coy said having done the clambake for many years, a three day operation, takes a lot of energy, volunteers, and time for the non-profits and everyone works very hard, and she was concerned that he might not get the ground swell of support for his activity. She said she would like to see more activities in the park but some months are very busy. She said she would like to see more information and more input from the local sports league reps saying they can handle this. She said she was also concerned that vendors may not be interested if he is only anticipating attendance by 300 people, and wondered if that was a realistic estimate. She also expressed concern for staff time for cleaning up and setting up the stage, noting that City staff is short and there is no funding for OT and wanted assurances that it would not be a burden on the City. Mr. Stern said he was happy to come back with supporters, and said the participants want to do the work and the cleanup, but may need the stage, and want it to be a positive thing. Mr. Hill said Council typically gets a map showing where vendors and other amenities will be set up. Mr. Wright said twelve events per year would not be realistically possible due to conflicts around Christmas and the January art festival and other uses, noting the City wouldn't approve our own fisherman for more than a couple of these events. 2 Regular City Council Meeting July 24, 2013 Page Three Mr. Stern asked for permission for 2013 and then see how they are doing. Mayor McPartlan affirmed Council needs more information before they make a decision though it is a good idea and thought we could do a better downtown Friday than Vero Beach ever had. In response to Mr. Adams, Mr. Stern said he would be joining the Chamber and would speak to them about the event. Mr. Adams expressed concern for conflicts with other events, staff needed for cleanup and security, and said the need for more information is in order. Mayor McPartlan said they all love the idea and advised Mr. Stern to be in touch with the City Manager and Chris McCarthy. Mr. Wright asked if the public would be allowed to speak. Mayor McPartlan called for input for two minutes. Lisanne Monier, founder and director of the Sebastian River Fine Arts Festival, said there is a conflict with the 3rd weekend in January with the art festival, and expressed concern that when you bring in vendors from all over, local businesses can be undercut by them. She cited an example of an event in the park at which a vendor from St. Augustine who sells a clothing product line for half the cost that she sells in her store. She said Mulligans may have issues with food being sold, cited costs for City staff, and said she hoped they do a lot of homework on this, cited conflicts with the Craft Club and the Church flea market, and said this is not sitting right with her. A woman with Mr. Stern, presumed to be Mrs. Stern, said she is an independent business owner with Avon for twenty nine years, participates in the Vero event and Clambake and is looking for an opportunity for people looking for her wares, and are looking for local businesses to do this. She said she is not allowed into the Church flea market. C. Brief Announcements 7/27/13—Treasure Coast Waterway Cleanup—8 am to 12:30 pm — Sebastian Location — Main Street Boat Ramp ii. 8/2/13— Sebastian River Area Chamber of Commerce Grill Out Night— 5:30 pm to 8 pm — Participating Member Businesses Mayor McPartlan announced the Treasure Coast Waterway Cleanup and the Chamber Grill Out Night. Mr. Adams announced some Workforce Solutions Job opportunities 1) August 12, 13 and 14, Port St. Lucie Civic Center— Bass Pro is hiring 250 staff; 2) August 20 and 21, Port St. Lucie Community Center— Burlington Coat Factory hiring 120 staff; and 3) August 21 at Port St. Lucie Civic Center Martin Health Systems hiring 700 staff for new hospital. 3 Regular City Council Meeting July 24, 2013 Page Four 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 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. 14-21 A. Approval of Minutes—July 10, 2013 Regular Meeting MOTION by Mr. Hill and SECOND by Mr. Wright to approve. Result of Roll Call: Ayes: McPartlan, Wright, Adams, Coy, Hill Nays: None Passed 5-0 8. COMMITTEE REPORTS &APPOINTMENTS Mr. Adams reported on the Treasure Coast Regional Planning Council Meeting speaker Chuck Jacoby, Indian River Lagoon Estuary Program, and he said his presentation is available for viewing on the TCRPC website; and approval of a resolution supporting installation of fiber optic cable along FEC Railroad and that a resolution has been forwarded to FEC, FDOT and other organization involved in permitting along the corridor. Ms. Coy announced she did not attend the Beach and Shores meeting this month and did not call her alternate, Mr. Hill, because there was nothing on the agenda and this is the third consecutive meeting with no agenda. She said she asked the Chair to please think about other people's time and effort when there is no agenda, and not meet. 9. PUBLIC HEARINGS — None 10. UNFINISHED BUSINESS — None 11. PUBLIC INPUT - None 12. NEW BUSINESS 13.080 A. First Reading of Ordinance No. 0-13-07 -Annexation — City Owned Property 22-39 Intended for Cemetery Expansion — Schedule Second Reading and Public Hearing for August 14, 2013 (Community Development Transmittal, 0-13-07, Request, Staff Report, Chapter 171.044 FS) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 1.43 ACRES, MORE OR LESS, LOCATED AT 12900 U.S. 1 AND LYING ADJACENT TO AND NORTH OF THE SEBASTIAN CEMETERY; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney introduced the three agenda items, three ordinances for first reading which are for the same property intended for cemetery use, for voluntary annexation, land use amendment, and rezoning, and though all tied together, will be acted upon separately. He then read Ordinance No. 0-13-07 by title. MOTION by Mr. Hill and SECOND by Mr. Wright to approve 0-13-07 on first reading. Roll Call: Ayes: Wright, Adams, Coy, Hill, McPartlan Nays: None Passed 5-0 4 Regular City Council Meeting July 24, 2013 Page Five 13.080 B. First Reading of Ordinance No. 0-13-08— Small Scale Comprehensive Land Use 40-53 Plan Amendment— City Owned Property Intended for Cemetery Expansion — Schedule Second Reading and Public Hearing for August 14, 2013 (Community Development Transmittal, 0-13-08, P &Z Minutes, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF INSTITUTIONAL (INS) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF RESIDENTIAL, UP TO 8 UNITS PER ACRE (M-1) FOR LAND CONSISTING OF 1.43 ACRES, MORE OR LESS, LOCATED AT 12900 U.S. 1 AND LYING ADJACENT TO AND NORTH OF THE SEBASTIAN CEMETERY; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-13-08 by title. MOTION by Mr. Adams and SECOND by Mr. Wright to approve 0-13-08 on first reading. Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Wright Nays: None Passed 5-0 13.080 C. First Reading of Ordinance No. 0-13-09 - Rezoning — City Owned Property 54-64 Intended for Cemetery Expansion — Schedule Second Reading and Public Hearing for August 14, 2013 (Community Development Transmittal, 0-13-09, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF PUBLIC SERVICE (PS) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION OF RESIDENTIAL MULTI-FAMILY, UP TO 6 UNITS PER ACRE (RM-6) FOR LAND CONSISTING OF 1.43 ACRES, MORE OR LESS, LOCATED AT 12900 U.S. 1 AND LYING ADJACENT TO AND NORTH OF THE SEBASTIAN CEMETERY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-13-09 by title. MOTION by Mr. Wright and SECOND by Ms. Coy to approve 0-13-09 on first reading. Roll Call: Ayes: Coy, Hill, McPartlan, Wright, Adams Nays: None Passed 5-0 13. CITY ATTORNEY MATTERS The City Attorney reported that a lawsuit had been served by McManus' company in regard to the Working Waterfront, the State insurer investigated the claim, and have reached the determination that the allegations in the suit don't match what they look for when they represent the City, and do not fall within the Florida Municipal Insurance Trust (FMIT) parameters such as claims for bodily injury, property damage or personal injury, so we will need to make other arrangements for City defense. He said since the City's answer is due before Council's next meeting on August 14th, he was seeking Council's permission to hire a law firm to work with him to represent the city in this case. He said because he only found out about FMIT intentions late today and he had not had much opportunity to talk to anyone else, he was recommending the City use a law firm he was associated with, Shubin and Bass, which has represented Vero Beach, Indian River County and Space Coast League of Cities in Brevard. He said he thinks he could work with them well, but if Council preferred he can explore other firms. He said he was not 5 Regular City Council Meeting July 24, 2013 Page Six averse to handling the case on his own, but did not know what the time commitment would be, and would depend on the initial motions and how the case goes. He said there may have to be executive litigation sessions involved as we move forward. Mr. Hill moved to authorize the City Attorney to hire the law firm he is comfortable working with, and Mr. Wright agreed with the City Attorney's recommendation. He asked if we have a City's errors and omissions policy and the City Attorney replied he did not believe so, noting that no one individual is a defendant, rather there are three defendants, Fisherman's Landing, Crabbie (Indian River Seafood), and the City. He said he believes the City's lease is with the fishermen and that lease has a hold harmless provision and it may be that we will be asking them to cover the City's expenses. In response to Mr. Adams as to whether there were funds budgeted to pay the law firm, the City Manager responded there was not a budget, so funding would probably come from reserves. In response to Mayor McPartlan, who asked if there would be any problem with the City Attorney working with the law firm and answering the Mayor's letter, the City Attorney said he would have to look into that, and that there will have to be some response to the lawsuit before the August meeting, could be an answer or an appropriate motion. Mayor McPartlan asked if he would come back to Council and what the cost will be. The City Attorney said there might be a motion to dismiss filed on our behalf, and a lot will depend on the court's disposition on that motion. Ms. Coy asked would we not want to be severed from the other defendants. The City Attorney said we may have to consider specific allegations as they may relate to us as opposed to the others. He said we don't have a contractual relationship with them and other factors that only relate to us, and he is not sure if they have alleged enough to keep us in the lawsuit. 14. CITY MANAGER MATTERS The City Manager reported that the City's application to Florida Inland Navigation District (FIND) grant was ranked in the top six for the Working Waterfront fish house and we should find out in September when FIND adopts its budget; that he had been notified that FDOT intends to reduce the speed limit on US 1 in downtown Sebastian to 35 mph and should take effect in the next six weeks, crediting Ms. Coy, Representative Mayfield, the Chamber of Commerce and the Metropolitan Planning Organization (MPO) for their work to make it happen; said the installation of trailblazer signs was close to wrapping up; and that the State has signed off on the new lease with Fisherman's Landing Sebastian and the revised business plan. Ms. Coy said she had read a TC Palm article which states Mr. Overton with FDOT will provide speed delimiting to make the speed gradual from 50 to 35. The City Manager said he and the Chief of Police will work out enforcement. In response to Mr. Adams, he said there would be no cost to the City for the replacement speed limit signs and City staff would get notification to residents posted regarding the new speed limit. 6 Regular City Council Meeting July 24, 2013 Page Six 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Hill Mr. Hill requested that the City Manager petition FDOT to post a brown directional sign for the Stan Mayfield Historic Working Waterfront on 1-95 much as they do for other historic districts and perhaps ask for assistance from Representative Mayfield; and petition Indian River County to add a sign on CR 512 where they lead people south on CR 510 away from Sebastian to the beaches and Vero Beach, that directs them east to the Stan Mayfield Historic Working Waterfront. The City Manager said he would get at it. Mayor McPartlan suggested the Chamber could also send a letter. Mr. Hill added that Indian River County be asked to look at the sign on CR 512 because it says "Sebastian 2 miles" and is inaccurate because the sign is inside City limits. The City Manager said he would look into that. B. Mayor McPartlan - None C. Vice Mayor Wright - None D. Council Member Adams Mr. Adams reported that he is considering joining one of the Florida League of Cities Legislative Policy Committees, as it would be a good experience for him and would get the City's name out there. He said he is going to send in his application, and since meetings are sometimes held in Jacksonville he may, in the future, ask for prior travel reimbursement. E. Council Member Coy Ms. Coy said she had received a phone call about people kayaking on Easy Street Lake and asked if this was allowed, noting we do have no swimming signs there. The City Clerk responded her staff got the same calls and we could find nothing in the Code that prohibits kayaks on inland waterways, though it does prohibit motorboats. Ms. Coy said she would like Parks and Recreation look at our policy at their next meeting, stating she was not sure she would want a six year old kayaking without supervision. 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 7:32 p.m. Approved at the August , 20 Regular Council Meeting. ( ) /�/.. Bob McP. - .n, Mayor Atte : Sally A. Maio, M , City Clerk 7