Loading...
HomeMy WebLinkAbout08272008CRA Minutescm ~ HOME OF PELICAN ISLAND COMMUNITY REDEVELOPMENT AGENCY (CRA) (CITY COUNCIL) MINUTES WEDNESDAY, AUGUST 27, 2008 - 5:30 pm CITY COUNCIL CHAMBERS 1225 MAIN ST, SEBASTIAN, FL The Mayor called the meeting to order at 5:34 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Rebecca Grohall The Mayor announced that due to a recent hit by lightening and tropical storm Fay we were experiencing network problems. 4. APPROVAL OF MINUTES A. 7/9/08 Meeting MOTION by Mr. Neglia, SECOND by Ms. Simchick, the July 9th, 2008 minutes were approved with a voice vote of 5-0. 5. NEW BUSINESS A. Facade Sign and Landscape Grant (GMD Transmittal, Staff Report, Guidelines, Applications) The Growth Management Director reported there were three applicants: Capt. Hiram's with two applications, Anchor Plaza, and the local VFW Post. Community Redevelopment Agency Meeting August 27, 2008 Page Two Mayor Coy asked the applications be reviewed individually as she is on the board of directors for the VFW and would be recusing herself from that application. The Board began with Anchor Plaza. Loraine Leithiser, owner of Anchor Plaza, said she was available for any questions Mr. Neglia asked about the price for the well, pump and electrician. The City Manager said the total estimate was $43,550: $1600 for the pump, $ 1700 for the materials, and $1,050 for the electrician. The Growth Management Director said that was one thing she wanted to clarify with the applicant because irrigation is needed to keep up the landscaping. Mr. Wolff asked the applicant if she had any suggestions to make the grant process better for future applicants. Ms. Leithiser said the Growth Management Director and staff were very helpful and would absolutely recommend the program to others. Mr. Paternoster told Mr. Neglia that he asked about the well and pump in the committee process and recommended irrigation be included in future landscaping projects. MOTION by Mr. Paternoster, SECOND by Ms. Simchick to approve the FSL grant award to Anchor Plaza. Roll call on the motion was as follows: Ayes: Neglia, Paternoster, Simchick, Wolff, Coy Nays: None 5-0 Sebastian River VFW Post #10210 Mayor Coy turned the gavel over to the Vice Mayor. The City Attorney reiterated anon-profit officer disqualifies a board member from participating in the vote. Linda DeSanctis, President of the VFW Ladies Auxiliary was available for any questions. The Vice Mayor introduced the applying entity. The Growth Management Director explained the improvements would bring the site more into the riverfront overlay, and there was additional information on circle page 110 that was requested by the committee, and the landscaping plan is to be a tiered plan. r Community Redevelopment Agency Meeting August 27, 2008 Page Three Mr. Wolff said in the Growth Management Director memo it stated the funds must be used to for the old fishing village theme which this sign does not fall into and asked if it falls into the non-conforming sign category. The Growth Management Director said it is to some degree non-conforming and would come up into standards and guidelines. Mr. Wolff said he was a little taken aback by the size of the sign in front of the old school house but didn't say anything and now that the VFW would also like a similar sign, he asked what if everyone wanted these large signs, where would the fishing village theme be. The Growth Management Director said they are definitely seeing more of the larger signs, the old school house is not part of the overlay district and that vernacular wasn't really provided but the sign was financially affordable. The City Manager agreed the sign is similar to the Yacht Club sign which received good reviews, so the same type was installed in front of the school house. Mr. Wolff said the best billboard is a tree and wanted to make sure we weren't going down the wrong road. The City Attorney said they will probably be addressing the sign code in the coming year and the size can be discussed in the coming year. Andrea Coy, Senior Vice-Commander said the property is quite lengthy for the size of the sign and it will be a good opportunity to raise money, beef up the landscaping, and make it look nice. Ms. DeSanctis thanked the Board and said the sign will triple their advertisement which will give back to our community. MOTION by Mr. Paternoster, SECOND by Ms. Simchick to award the grant to the Sebastian River VFW Post #10210. Public Damien Gilliams, 1623 US 1, asked if this was anon-conforming sign and if the insert letters are allowed. The Growth Management Director said the existing sign is non-conforming and the reader board signs are allowed as long as the sign meets our code. Mr. Gilliams said this is a good project. Cindy Falco said this is a good thing. Roll call on the motion was as follows: Ayes: Paternoster, Simchick, Wolff, Neglia Nays: None 4-0 Community Redevelopment Agency Meeting August 27, 2008 Page Four The City Attorney reminded the Mayor to fill out the voting conflict form. Capt. Hiram's The Growth Management Director said they did request two grants for a total of $15,000. Ms. Simchick asked about the overall guideline that applications will be accepted by June 1, 2008 and drew Council's attention to circle page 58 listing check dates of 2006 and invoice dates of January 2007. She said they had until June 2007 to apply and requested these applications be disqualified based on the timeline as they are not in the fiscal or calendar year. MOTION by Ms. Simchick, SECOND by Mayor Coy to disqualify Capt. Hiram's grant based on the timeline. Mr. Paternoster said he did ask about this in the committee process and there was a prior approval for a retroactive payment to the Keg Shack. The Growth Management Director said the Keg Shack's owner wanted to take a chance and move ahead with his sign before the deadline approached and noted he did apply before the deadline. Mr. Paternoster said precedence was set, the committee made an error which was discovered during this cycle and the committee decided the payment should be made but corrected in the future. Ms. Simchick said the Keg Shack did apply in the same fiscal year and would withdraw her motion if Capt. Hiram's did install and apply in the same fiscal year, noting eighteen months after the fact is a large amount of time. In response to Mr. Neglia, the Growth Management Director said the Keg Shack owner was anxious to fill the space and open the business. Mr. Wolff said while grants have regulations, government should be friendly and the beauracracy should be left to the state and Washington DC and he noted Capt. Hiram's is a pivotal business in our community and in the interest of community relationship, he would like to consider the grant applications. Mr. Paternoster agreed with Mr. Wolff and noted they did discuss this at the committee process and there would not be retroactive grants in the future. Mayor Coy said she would be willing to consider giving half the amount as a compromise. Ms. Simchick asked how the application got to the committee level. The Growth Management Director said Capt. Hiram's was at the last grant award and asked to be considered so she did include it with pros and cons. Community Redevelopment Agency Meeting August 27, 2008 Page Five Ms. Simchick pointed out there was a businessman who was denied during the last cycle that did not meet all of the criteria and she said it would be a mistake to proceed. Martin Carter, Co-owner of Capt. Hiram's, said they were not aware of the grant program when the signs were installed but asked to be considered and the Growth Management Director agreed to consider them. Ms. Simchick said based on the criteria she could not consider these applications. MOTION by Mr. Paternoster, SECOND by Mr. Wolff to extend the CRA meeting until it is finished passed with a voice vote of 5-0. Mr. Paternoster said the previously denied applicant was a different situation. He read the underlined, boldface guideline that states applications must be reviewed and approved before construction begins. He asked if Council awarded the grant to the Keg Shack after sign was completed and the Growth Management Director said yes. Mr. Paternoster said Council has already made the error, this went to the committee who decided to go forward, but until the vote is taken, it is a stalemate. Mr. Wolff asked if there are other applicants on file. The Growth Management Director said no. Mr. Wolff said he received so many comments that the Growth Management Department is difficult and here is a case that the Director put herself on the limb that wants to work with a business and Council wants to slap her. He said there is nobody else in the queue, the sign is of the fishing village theme, and he asked Council to indulge the applicant. Public Damien Gilliams, 1623 US Highway 1, said a double standard is being applied, the big guy is in, and the little guy is not. He said he is keeping score. The Clerk read back the motion, "The applications would be disqualified due to the timeline." Council Discussion Mr. Neglia said tonight is a good night to put the guideline into place. Ms. Simchick referred to the comment, "It made it through staff so it should be o.k.," and noted Council did a Board of Adjustment ruling that made it through staff but Council didn't o.k. it. She said the Capt. Hiram's project is not current and not within the criteria. Community Redevelopment Agency Meeting August 27, 2008 Page Six Mr. Wolff said for the record in his opinion, "Tom Collins does not need the money, I never said Capt. Hiram's doesn't need the money; and Tom Collins and Capt. Hiram's will carry on with or without our assistance and there is a difference between comparing a little CRA grant and certainly the Board of Adjustment and the impact on a neighborhood." Mayor Coy called for the vote to disapprove the application based on criteria. Roll call on the motion was as follows: Ayes: Simchick, Coy, Neglia Nays: Wolff, Paternoster 3-2 Mayor Coy asked Capt. Hiram's to apply for other programs Mayor Coy stated on circle page 11 there is a staff request to revamp the grant program and she asked if Council would like to schedule another meeting or discuss it tonight. Mr. Paternoster requested it be brought up at the next CRA meeting. The City Manager said they would hold off on the FSL grants for now and it will be a budget discussion item at a September meeting. Mayor Coy thanked Beth Mitchell, Executive Director, Sebastian River Area Chamber of Commerce, for her assistance with the program and serving on the committee. 6. Being no further business, the Mayor adjourned the meeting at 6:44 p.m. Approved at the Sept. 17, 2008 CRA meeting. ~, Andrea Coy, Mayor ATTE Sally A. Maio MC -City Clerk FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Coy, Andrea Community Redevelopment Agency MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 501 Palm Avenue WHICH I SERVE IS A UNIT OF: Cj(CITY ^ COUNTY ^ OTHER LOCAL AGENCY CITI~, eba5tlan, FL Indian River J NAME OF POLITICAL SUBDIVISION: City of Sebastian DATE ON WHICH VOTE OCCURRED August 27, 2008 MY POSITION IS: ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 86 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I__ Andrea Coy August 27 ~____________________________, hereby disclose that on ________________ (a) A measure came or will come before my agency which (check one) ___ inured to my special private gain or loss; inured to the special gain or loss of my business associate, ________________________ __ inured to the special gain or loss of my relative, _____________________ ----------- X Sebastian River VFW Post #10210 __ inured to the special gain or loss of__________________________ whom I am retained; or ___ inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: August 29,_ 2008 Date Filed Signature ~~ ,,' 20 08 by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 86 - EFF. 1/2000 PAGE 2