COUNCIL MINUTES

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					                             COUNCIL MINUTES
                             NOVEMBER 7, 2007


Pursuant to Public Notice, Mayor Brimer convened a regular meeting of the City
Council on Wednesday, November 7, 2007, at 7:00 p.m., in the Council
Chamber. Those present were Mayor Mark Brimer, Vice-Mayor Sal D'Amato,
Councilman Joseph Ferrante, Councilwoman Martha Kirby, Councilman
Dominick Montanaro, City Attorney James Beadle, City Manager Michael P.
Crotty, and City Clerk Barbara Montanaro.

Councilwoman Kirby led a moment of silence, asking that all remember all
veterans and those still serving the military. The Pledge of Allegiance followed
the moment of silence.

CITIZEN COMMENTS

There were no citizen comments.

COUNCIL COMMENTS

Councilman Ferrante thanked Councilwoman Kirby for her guest editorial which
appeared in the Florida Today newspaper on November 3.

Councilwoman Kirby reported attending the following meetings: joint meeting
of the A1A and DeSoto Property Use and the Community Redevelopment
Agency Advisory Committee, the Police and Firefighters Pension Conference,
the Special meeting with representatives from Pelican Coast, the special meeting
for financial planning, the meeting hosted by Brevard County regarding sand for
the mid-reach area, the small business forum, Keep Brevard Beautiful workday
on Samsons Island, and the LEAD Brevard Community Summit.

Councilman Montanaro stated that he attended many of the same meetings.
He also commended staff and the Satellite Beach Woman’s Club for a very
successful Founders Day Parade and Market Place.

Vice-Mayor D'Amato reported that he had attended the workshops on October
30 and the Mid-Reach and Business forum meetings. He stated that the
business owners have a challenge with signs and the boards and Council may
have to revisit the regulations.

Mayor Brimer stated that he attended the Florida Redevelopment Association
conference in Daytona and the City meetings. He has sent e-mails to
department heads about the effort of City employees and the success of
Founders Day.
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NOVEMBER 7, 2007                                                        PAGE 2
CITY ATTORNEY REPORT

City Attorney James Beadle did not have a report.

CITY MANAGER REPORT

City Manager Michael Crotty reported that the City’s beaches had sustained a
substantial loss of sand and the dune crossovers have been closed because they
are unsafe. Public Works hopes to have them repaired and open within three
weeks at a cost of approximately $13,600. Most crossovers only need to have
some steps added; others have to have new supports installed. The Mid-Reach
now qualifies as a re-engineered beach and may be eligible for some assistance.

In response to the City Manager’s request, Council authorized him to miss the
May 21 Council meeting.

The Council convened as the Community Redevelopment Agency for the
following agenda item:

PRESENTATION BY THE A1A AND DESOTO PROPERTY USE CITIZEN AD
HOC COMMITTEE PRIOR TO PUBLIC MEETING PRESENTING FINAL
RECOMMENDATION UPDATE

Community Development Director introduced the following members of the A1A
and DeSoto Property Use Committee who were present: Jeff Fleis (Chair),
Janice Oberwetter, Beth Vazquez, and Gabe Feindt. She stated that the
Committee met on October 18 and reviewed each of the options in the June
2007 Interim Report and assigned a priority ranking to the previous
recommendations.    They also provided the rationale for each of the
recommendations.

Committee Chairman Jeff Fleis presented the report showing the four
recommended options, together with stipulations and rationale:

   Offer the property for sale through a Request for Information (RFI) or Request
    for Proposal (RFP);
   Solicit Requests for Information (RFI) or Request for Proposal (RFP) for a
    Public/Non-Profit partnership use on the property;
   Solicit Requests for Information (RFI) or Request for Proposal (RFP) for a
    Public/Private For-Profit Partnership on the property;
   Land Swap for another property within the Community Redevelopment
    District.

A copy of this report in its entirety is attached.

The Community Redevelopment Agency (CRA) discussed the following:
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NOVEMBER 7, 2007                                                          PAGE 3
   Retain the option to sell if a good offer is received in less than a year even if
    the offer is somewhat less than the City paid. At the time of purchase, the
    CRA discussed this possibility. The reason for purchasing the property was
    to protect the neighborhood from a high-intensity use.

   Including the uses that must be excluded clarifies what the community does
    and does not want on that site.

Mayor Brimer asked for public comments; the following individuals addressed the
CRA:

   Janice Oberwetter, member of the CRA Advisory Committee and the
    A1A/DeSoto Committee, stated that the Committee had recommended not
    selling at loss during the first year because the market and/or interest rates
    may change and provide an opportunity for a better sale price. She
    recommended looking at all options.

   Gabe Feindt, alternate member of the A1A/DeSoto Committee, expressed
    appreciation to Jeff Fleis for chairing this Committee. He recommended that
    the City sell the property to avoid more costs for interest and maintenance
    and to start receiving taxes on the property.

   David R. Schechter, 635 Seville Court, thanked the Committee and staff for
    working through a difficult task of defining the process for weighing the
    numerous options proposed by citizens. The land was purchased to control
    the use, not for any particular use. From a financial standpoint it is good to
    get back the money invested; but it has to make sense in terms of its use.


CONCLUSION: The Committee will proceed with their next meeting to finalize
the report and the City Attorney and City Manager will research the legal aspects
about the potential sale of the property – determine if the CRA is required to go
through a RFP process prior to selling the property.

Council thanked the members of the Committee for their time and conscientious
efforts to determine the best use for this parcel of land.

The Council reconvened for the following agenda items:

ORDINANCE NO. 981, AN ORDINANCE OF THE CITY OF SATELLITE BEACH,
BREVARD COUNTY, FLORIDA, AMENDING THE FY 2006/2007 BUDGET
ORDINANCE NO. 949; SAID ORDINANCE WAS PREVIOUSLY AMENDED BY
ORDINANCE NO. 969 AND ORDINANCE NO. 977; PROVIDING AN EFFECTIVE
DATE (FIRST READING)

Ordinance No. 981 is the final budget amendment for FY 06/07 and provides a
good summary of capital projects and major expenditures. The City Manager
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NOVEMBER 7, 2007                                                         PAGE 4
presented an overview of Ordinance No. 981 and the accompanying summary
sheet detailing the proposed changes.

ACTION: Councilman Montanaro MOVED, SECOND Vice-Mayor D'Amato, to
read Ordinance No. 981 by title only on first reading. VOTE: ALL AYES. MOTION
CARRIED.

Mayor Brimer read Ordinance No. 981 by title only, there being sufficient copies
available to the public.

Mayor Brimer asked for public comments; there were no comments.

ACTION: Councilman Montanaro MOVED, SECOND Councilwoman Kirby, to
approve Ordinance No. 981 on first reading. VOTE: ALL AYES. MOTION
CARRIED.

RESOLUTION NO. 850, A RESOLUTION OF THE CITY OF SATELLITE
BEACH, BREVARD COUNTY, FLORIDA, SUPPORTING FLORIDA FOREVER
AND A SUCCESSOR PROGRAM FOR THE FUTURE; AND PROVIDING AN
EFFECTIVE DATE

City Manager stated that Councilman Montanaro serves on the Florida League of
Cities Urban Planning Committee. The resolution shows the City’s support for
the Florida Forever and any successor program. This program has resulted in
nineteen acres of oceanfront property in Satellite Beach being purchased and
preserved in its natural state. If there had not been problems with appraisals, the
City would have acquired more property.

ACTION: Councilman Montanaro MOVED, SECOND Councilman Ferrante, to
read Resolution No. 850 by title. VOTE: ALL AYES. MOTION CARRIED.

Mayor Brimer read Resolution No. 850 by title only and asked for public
comments. There were no comments.

ACTION: Councilman Ferrante MOVED, SECOND Councilwoman Kirby, to
adopt Resolution No. 850. VOTE: ALL AYES. MOTION CARRIED.

APPOINTMENTS TO BOARDS

City Clerk Barbara Montanaro presented the October 30, 2007, Boards Report,
listing vacancies on boards and applicants for boards. Mayor Brimer asked for
public comments before the vote on each board appointment. There were no
comments.

ACTION: Councilman Montanaro stated that he serves as liaison to the
Beautification Board and MOVED, SECOND Councilman Ferrante, to reappoint
COUNCIL MINUTES
NOVEMBER 7, 2007                                                        PAGE 5
Bill Mayer to a two-year term on the Beautification Board, said term to end
November 1, 2009. VOTE: ALL AYES. MOTION CARRIED.

Councilman Ferrante stated that the Board Liaison is a good person to make the
motion on reappointments because they have attended meetings and know
whether an individual is a good match for that particular board.

AGENDA ITEMS FOR NEXT REGULAR COUNCIL MEETING

Councilman Montanaro presented an article that he had written in response to
the Guest Editorial column in the Florida Today newspaper by Mr. Kinberg and
suggested that it be included in the Beachcaster to correct misinformation in that
editorial. Council determined that they want to focus on the positive actions that
they are taking. Vice-Mayor D’Amato stated that he has the Council column in
the next Beachcaster and portions of this article could be incorporated in that
column. Council authorized the use of additional space for the Council Column
to address the facts and figures of positive actions taken by this Council.

There will be a special meeting of the Council Monday, November 26, 5:00 p.m.

The Council did not add any items to the agenda proposed by the City Manager.

ADOPTION OF MINUTES:             OCTOBER 17, 2007, WORKSHOP
                                 OCTOBER 17, 2007, REGULAR MEETING
                                 OCTOBER 30, 2007, SPECIAL MEETING
                                     (AMERICAN EAGLE HOUSING)
                                 OCTOBER 30, 2007, SPECIAL MEETING
                                     (FINANCIAL PLANNING)

ACTION: Councilman Montanaro MOVED, SECOND Councilman Ferrante, to
approve the minutes of the four meetings listed above. VOTE: ALL AYES.
MOTION CARRIED.

Mayor Brimer adjourned the meeting at 8:00 p.m.



Barbara Montanaro, CMC
City Clerk
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NOVEMBER 7, 2007                                                           PAGE 6
                  A1A & DESOTO PROPERTY USE CITIZEN’S
                           AD HOC COMMITTEE

                                  FINAL REPORT

       The Ad Hoc Committee respectfully presents the following Final Report to
the Community Redevelopment Agency. To reach this consensus, we have
deliberated over the concerns and desires of the community and feel that this
Final Report represents the intent of the Ad Hoc Committee and the best use for
the property. In addition, we have provided a statement substantiating our
rationale for each priority.

       The Committee feels strongly that the decision(s) regarding the use of the
property not be made until the City and the Community Redevelopment Agency
have been able to completely evaluate the potential impacts of tax reform.
Further, we believe that the findings of the Market & Economic Study (2005),
indicating that commercial properties within the City be preserved to meet the
needs of the community, be considered in determining an appropriate use for this
commercial property. To this end the recommendations of our final report are
ranked in the following priority order:

OPTION 1

Offer the property for sale through a Request for Information (RFI)
Request for Proposal (RFP) addressing the following:

       A.     ingress and egress issues.
       B.     excluding the undesirable uses by rezoning the property if
              appropriate.
       C.     attempt to purchase the triangular parcels at the corner to make the
              property more desirable if needed.
       D.     with the understanding that it will not be sold at a loss within one (1)
              year from the release of an RFI or RFP; and that this contingency
              be re-evaluated based on the economic and market conditions at
              that time.
       E.     mixed use is not excluded from potential use of the property, if
              approved by the Florida Department of Community Affairs.

Committee Statement:

The basis for this recommendation is to relieve the City of potential financial
responsibility, while allowing for control of the property is ultimately used.
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NOVEMBER 7, 2007                                                        PAGE 7



OPTION 2 or 3 (equally ranked)

Solicit Requests for Information (RFI) or Requests for Proposal (RFP) for a
Public/Non-Profit partnership use on the property.

        Examples of this type of use, include but are not limited to:

                 a.    Senior Center
                 b.    Medical facility
                 c.    Turtle Preservation and Education Center
                 d.    Museum
                 e.    Art Gallery
                 f.    Other educational facilities

Committee Statement:

This recommendation for a partnership is based on the opinions expressed by
members of the community for preferred uses for the property.          This
recommendation promotes the community’s desire for specific types of
development and is substantiated by the Satellite Beach Market and Economic
Study (2005).

OPTION 2 or 3 (equally ranked)

Solicit Requests for Information (RFI) or Requests for Proposal (RFP) for a
Public/Private For-Profit Partnership on the property.

        Examples of this type of use, include but are not limited to for-profit
        entities:
                  a. Senior Center
                  b. Medical Use
                  c. Educational Use
                  d. Recreational Use
                  e. Public Parking together with a commercial use

Committee Statement:

This recommendation for a partnership is based on the opinions expressed by
members of the community for preferred uses for the property.          This
recommendation promotes the community’s desire for specific types of
development and is substantiated by the Satellite Beach Market and Economic
Study (2005).
COUNCIL MINUTES
NOVEMBER 7, 2007                                                           PAGE 8
OPTION 4

Land Swap for another property within the Community
Redevelopment District:

      A.      addressing the ingress and egress issues.
      B.      excluding undesirable uses by rezoning property.
      C.      attempt to purchase the small triangular parcels at the corner if
              needed.
              to make the property more desirable for a swap.
      D.      mixed use is not excluded from potential use of the property if
              approved by the Florida Department of Community Affairs (DCA).

           Examples of properties suitable for land swap, include but are not
           limited to:

                    a. Kash N’ Karry parcels
                    b. Bowling Alley parcels
                    c. Sun on the Beach Plaza

Committee Statement:

Using due consideration, the committee’s ranking of Options 1, 2, & 3 received
higher consideration, but the committee retained Option 4 as a viable alternative
to allow the Community Redevelopment Agency to consider other properties that
might be appropriate for municipal purposes.

EXCLUDED USES:

Use as a police station, fire station, children's or community park, community
garden, gas station, food and/or beverage drive thru, parking lot, band shell, lap
pool, parking area for boats and RV's and any other uses that may be
determined by the CRA at future meetings, with the belief that there are sites
within the City that are better suited for these uses.

REQUIREMENTS FOR DEVELOPMENT:

Any Requests for Information (RFI) or Requests for Proposal (RFP) for the
development of the property should require that a portion of the property be
developed with enhanced landscaping design open to the public with additional
features showcasing the property.

           Examples of this requirement, include but are not limited to:

               a. creative use of landscaping and green-space to enhance this
                  strategic corner
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NOVEMBER 7, 2007                                             PAGE 9
          b. public amenities such as park benches, fountain, or other
             features to set corner off as showplace
          c. use of other design features as found in either the
             Community Redevelopment Plan or Land Development
             Regulations consistent with this purpose

				
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