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HomeMy WebLinkAbout01142015 Agenda Packet SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JANUARY 14, 2015 - 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, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are on Back of Agenda 1. CALL TO ORDER 2. INVOCATION – Pastor Seth Goldsmith, Coastal Community Church 3. PLEDGE OF ALLEGIANCE – Led by Council Member Jim Hill 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote 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. 15.001 A. Remembrance of Former City Council Member/Vice Mayor Joe Barczyk (Service 1999-2005) by Council Member Hill B. Presentation of Proclamations and Certificates by Mayor Gillmor 15.002 i. Proclamation – National Mentoring Month – January 2015 – Accepted by 6 Sabrina Seme, Big Brothers/Big Sisters of St. Lucie, Indian River and Okeechobee Counties 15.003 ii. Proclamation – Florida First Responders Appreciation Week – January 5-9, 7 2015 – Accepted by Police Chief Michelle Morris C. Brief Announcements • 1/17/15 and 1/18/15 – Sebastian River Fine Art & Music Festival – IR Drive/Riverview Park • 1/23/15 – Sebastian Chamber Concert in Riverview Park – Nightfly – 5:30 to 8 pm • 1/24/15 – Sebastian River Art Club Show in Riverview Park – 10 am to 4 pm 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. 8-21 A. Approval of Minutes – December 10, 2014 Regular Meeting 15.004 B. Approve Municipal Election Agreement Between IRC Supervisor of Elections and 22-23 City of Sebastian for Conduct of 11/3/15 General Election - $2 Per Registered Voter – Approximately $34,000 from FY 2016 Budget (Transmittal, Agreement) 1 of 203 2 15.005 C. Approve Purchase of One 2015 Chevrolet 2500 Extended Cab 4X4 Truck for Crime 34-44 Scene/Investigations from Alan Jay Fleet Sales under Florida Sheriffs’ Association Contract #14-22-0904 in the Amount of $27,928.50 with Balance of Budgeted Funds to Purchase Additional Required Equipment for Truck (Transmittal, Vendor Quote, FSA Bid Award) 15.006 D. Approve Purchase of Three 2015 Chevrolet Caprice Police Units from Alan Jay Fleet 45-48 Sales Under the State of Florida Contract #215100000-15-1 in the Total Amount of $106,880.76 with Balance of Budgeted Funds to Purchase Additional Required Equipment for Units (Transmittal, Vendor Quote, State of FL Award) 15.007 E. Approve Purchase of One 2015 Ford F-250 4x4 Truck for Code Enforcement from 49-58 Alan Jay Fleet Sales Under Florida Sheriff’s Association Contract #14-22-0904 in the Amount of $26,992.50 with Balance of Budgeted Funds to Purchase Additional Required Equipment for Truck (Transmittal, Vendor Quote, FSA Bid Award) 15.008 F. Approve Purchase of One 2015 Chevrolet Tahoe for Police K-9 Service from Alan 59-64 Jay Fleet Sales under Florida Sheriffs’ Association Contract #14-22-0904 in the Amount of $43,863.50 with Balance of Budgeted Funds to Purchase Additional Required Equipment for Truck (Transmittal, Vendor Quote, FSA Bid Award) 15.009 G. Approve Purchase of One 2015 Nissan Frontier Extended Cab Pickup Truck from 65-73 Roundtree-Moore Automotive Group for Building Department Under Florida Sheriff’s Association Contract #14-22-0904 in the Amount of $18,909 (Transmittal, Vendor Quote, FSA Bid Award) 15.010 H. Approve Purchase of One 2015 Ford F-250 4X2 Truck for Parks Department from 74-83 Alan Jay Fleet Sales Under Florida Sheriff’s Association Contract #14-22-0904 in the Amount of $22,942.50 (Transmittal, Vendor Quote, FSA Bid Award) 15.011 I. Approve Purchase of One 2015 Ford Interceptor Utility Vehicle for Police Department 84-92 from Duval Ford Fleet Sales Under Florida Sheriff’s Association Contract #14-22- 0904 in the Amount of $26,695 with Balance of Budgeted Funds to Purchase Additional Required Equipment for Vehicle (Transmittal, Vendor Quote, FSA Bid Award) 15.012 J. Approve Purchase of One 2015 Ford F-550 Truck for Stormwater Department from 93-102 Duval Ford Under Florida Sheriff’s Association Contract #14-12-0904 in the Amount of $47,724 (Transmittal, Vendor Quote, FSA Bid Award) 15.013 K. Approve Purchase of Two 2015 Ford F-250 4X4 Trucks for Stormwater Department 103-112 from Alan Jay Fleet Sales Under Florida Sheriff’s Association Contract #14-22-0904 in the Total Amount of $53,985 (Transmittal, Vendor Quote, FSA Bid Award) 15.014 L. Authorize City Manager to Acknowledge Authorization Engagement Letter dated 113-124 12/10/14 with Rehmann Robson and Change Order for Additional $2,000 for Police Officers Pension Plan (Transmittal, Engagement Letter, Example Change Order) 15.015 M. Authorize City Manager to Approve Memorandum of Understanding with Coastal 125-128 Florida Public Employees Association Regarding Changes to Collective Bargaining Agreement to Increase the Cap for Employee Incentive Payments for Building Inspector Certifications from $250 to $500 Annually (Transmittal, Memo of Understanding, Article 14.5 CFPEA Pgs 29 & 30) 2 of 203 3 15.016 N. Approve Alcoholic Beverage Request at Yacht Club for Surprise Birthday Party 129 1/24/15 from 7 pm to 11 pm –Age Verified (Transmittal, Permit Application on File) 14.121/ O. Approve Resolution No. R-15-02 - Collier Club Final Plat Phase IIID (Transmittal, 15.017 R-15-02, Area Map, Engineer of Record Certification Letter, Application, Final Plat) 130-138 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CLUB, PHASE IIID; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 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. 15.018 A. Natural Resources Board 139-153 i. Interview, Unless Waived, Submit Nominations for One Unexpired Regular Member Position with Term to Expire July 2017 w/Option to Appoint Alternate if Current Alternate Moved Up (Transmittal, 4 Applications, Ad, Member List) 9. PUBLIC HEARINGS (Legislative & Quasi-Judicial) Procedures for legislative public hearings: Mayor opens hearing Attorney reads ordinance or resolution Staff presentation Public input (Anyone wishing to speak is asked to raise hand and when called, go to the podium and state name for record) Staff summation Mayor closes hearing Council deliberation and action 14.184/ A. Second Reading and Public Hearing - Ordinance No. O-14-06 - Deferred from 15.019 12/10/14 – Amending LDC Section 54-2-3.2 Re: Procedures and Criteria for 154-160 Temporary Use Permits – Legislative Hearing (Transmittal, O-14-06, Definitions) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-2-3.2 REGARDING PROCEDURES AND CRITERIA FOR REVIEW OF TEMPORARY USES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. Procedures for Quasi-Judicial Hearing • Mayor opens hearing • Attorney reads ordinance or resolution or title • City Council Members disclose ex-parte communication • City Clerk swears in all who intend to provide testimony • Applicant or applicant’s agent makes presentation • Staff presents findings and analysis • Council asks questions of the applicant and staff • Mayor opens the floor for anyone in favor of the request (anyone presenting factual information • shall be sworn but anyone merely advocating approval need not be sworn in) • Mayor opens the floor for anyone opposing the request • Applicant provided opportunity to respond to issues raised by staff or public • Staff provided opportunity to summarize request • City Council deliberation and questions • Mayor calls for a motion • City Council Action 15.020 B. Conduct Quasi-Judicial Public Hearing on Resolution No. R-15-01 – Special Use 161-194 Permit - RV Resort in PUD-C Zoning - Chesser’s Gap Transmittal, R-15-01, Procedures & Staff Report, Conceptual Plan, Aerial, Aerial with Site Plan, App with Backup, Chesser’s Gap PUD and Plat, PZ Minutes 11-6-14) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SPECIAL USE PERMIT FOR A RECREATIONAL VEHICLE RESORT WITHIN A COMMERCIAL PLANNED UNIT DEVELOPMENT (PUD-C), SPECIFICALLY FOR THE CHESSER’S GAP PUD LOCATED SOUTH OF SEBASTIAN BOULEVARD ALONG FLEMING STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 3 of 203 4 10. UNFINISHED BUSINESS 14.189/ A. Discussion Only: Sebastian Seawalls (Transmittal) 15.021 195 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda. 12. NEW BUSINESS 13.079/ A. Presidential Streets Project Change Orders – Update by City Manager (Transmittal, 15.022 Change Orders 1, 2, and 3) 196-202 15.023 B. Reschedule November and December City Council Meetings at Council’s Discretion 203 (Transmittal) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Hill B. Council Member McPartlan C. Mayor Gillmor D. Vice Mayor Adams E. Council Member Coy 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) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are Aired Live on Comcast Channel 25. 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 ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY’S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Future Council Meeting Dates: 1/28/15 Regular City Council Meeting 6:30 pm 2/11/15 Regular City Council Meeting 6:30 pm 2/25/15 Regular City Council Meeting 6:30 pm 3/11/15 Regular City Council Meeting 6:30 pm 3/25/15 Regular City Council Meeting 6:30 pm 4 of 203 5 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-13-18 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 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. 5 of 203 6 of 203 7 of 203 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 10, 2014 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the meeting to order at 6:54 p.m. 2. Invocation was given by Reverend Lori Hoey, St. Elizabeth’s Episcopal Church. 3. The Pledge of Allegiance was led by Vice Mayor Adams. 4. ROLL CALL City Council Present: Mayor Richard Gillmor Vice Mayor Jerome Adams Council Member Jim Hill Council Member Bob McPartlan City Council Absent: Council Member Andrea Coy (excused) City Staff Present: City Manager, Joe Griffin City Attorney, Robert Ginsburg Deputy City Clerk, Jeanette Williams City Engineer, Frank Watanabe Administrative Services Director, Ken Killgore Administrative Support Officer, Cynthia Watson Planner, Jan King Zoning Tech, Dorri Bosworth Police Commander, John Blackledge E-Records & Information Manager, Barbara Brooke-Reese AV Specialist, Matt Sinno AV Tech, Gary Vicars 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 8 of 203 2 Regular City Council Meeting December 10, 2014 Page Two 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. 14.003 A. Certificate of Appreciation to Christine Vicars – Citizens Budget Review Advisory Board Service Mayor Gillmor presented a certificate of appreciation to Ms. Vicars who said it has been an educational experience and encouraged people to watch the meetings. 14.172 B. Brief Presentation by Heather Stapleton, CIP, Education Director, Environmental Learning Center Brief Presentation – Impact 100 Grant (Information) Molly Steinwald introduced herself as the new ELC Executive Director and Heather Stapleton gave a brief Power Point presentation (see attached) on new environmental adult education programs for behavior change called “Living for the Lagoon” enabled by the Impact 100 grant to conduct training seminars to large groups, suggesting that they might interface with the City’s Natural Resources Board, that they will focus on septic, fertilizer use, Florida native landscaping, pet waste and will be seeking funding sources for Phase II, and work with cities on potential ways we can work together. 14.040 C. Brief Presentation by Helen Caseltine, IRC Chamber of Commerce, Economic Development Director – Countywide Economic Development Positioning Analysis Update (Information) Helene Caseltine gave a brief update on the positioning analysis being conducted which studies people’s perspective on areas of business externally and internally, noting the consultant’s report is nearly complete and available in its current form on the Indian River Chamber website, economic development page and also on Indian River County’s Community Development page. She said a work session open to the public is scheduled for January 8th at 8:30 am in the Sebastian City Council Chambers, and they will provide an invitation to the City Manager to provide to Council. D. Brief Announcements • 12/13/14 – Sebastian River Art Club Show in Riverview Park from 10 am to 4 pm – Area Churches Present Christmas Music from 1 pm to 8 pm to benefit ecumenical food pantry • 12/19/14 – Shop with a Cop Event starting at City Hall – 4 pm to 7:30 pm • 12/25/14, 12/26/14 and 1/1/15 City Hall Closed Mayor Gillmor read the above announcements. 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. A. Approval of Minutes – November 19, 2014 Regular Meeting 14.047 B. Authorize Mayor to Execute Sovereign Submerged Lands Lease Renewal for Working Waterfront Property (Transmittal, Lease Agreement) 9 of 203 3 Regular City Council Meeting December 10, 2014 Page Three 14.048 C. Approve Additional Engineering Design Service Cost of $72,006.50 to Baker Consultants to Complete Design Modification to Sebastian Airport Hangar C Design (Transmittal, Project Cost Summary, 2/26/14 Agenda Transmittal) 14.191 D. Approve Purchase of One Vacuum Truck Cab/Chassis ($118,636.12) and Vac-Con Cleaner Body (242,866.45) from Maudlin International Trucks in the Total Amount of $361,502.60 Under FL Sheriff’s Association Contract No. 14-12-0904 – Appropriation from DST Reserves/Current Balance (Transmittal, Quotes, FSA Bid Award, Letter Vendor Approval, FY 15/20 CIP Summary & Schedule Five DST Balances) 14.192 E. Approve Purchase of One ALTEC Bucket Truck (AT40-G) from ALTEC Industries, Inc. under Federal General Service Administration Contract Number GS-30F-1028G in the Amount of $94,641 from Equipment and Facilities R&R Fund (Transmittal, Vendor Quote and Truck Spec, GSA Contract) 14.010 F. Approve FDLE Edward Byrne Memorial Justice Assistance Grant (JAG) in the Amount of $3,438.00 and Authorize Mayor to Execute Grant Submittal and Grant Agreement Upon Approval by FDLE (Transmittal, FDLE Letter & Info) 14.193 G. Approve Expenditure of Sebastian Police Department Forfeiture Funds in the Amount of $336.66 to Best Expression Inc. for GREAT graduates in Accordance with FS 932.7055 (Transmittal, FS 932.7055, Chief Certification) 14.194 H. Approve Expenditure of Sebastian Police Department Forfeiture Funds in the Amount of $497.00 to LOGO.SEW LLC for DATE Graduates in Accordance with FS 932.7055 (Transmittal, Invoice, FS 932.7055, Chief Certification) 14.195 I. Approve Calvary Chapel Melbourne at Sebastian Special Event at Riverview Park on 3/28/15 (Transmittal, Park Use Permit Application, Letter) 14.196 J. Approve Road Closures Necessary for Sebastian Charter Junior High 5K Run on 3/7/15 from 6:30 am to 9 am (Transmittal, Park Use Permit Application) MOTION by Mr. Hill and SECOND by Mr. McPartlan to approve the consent agenda. Roll Call: Ayes: Adams, Hill, McPartlan, Gillmor Nays: None Passed: 4-0 (Coy 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. 14.003 A. Citizens Budget Review Advisory Board – Confirm Five Council Appointees and Nominate and Appoint Two At-Large Members for One Year Terms (Transmittal, Three Applications for At-Large, Ad, Member List) City Council appointees are as follows: Coy – Dionna Farmer; Gillmor – Bill Flaherty; Adams – Ed Herlihy; Hill – Gary O’Hara; McPartlan – Tim Slaven The Deputy City Clerk announced that Mr. Frank could not be in attendance but was interested in serving and City Council briefly interviewed at-large applicants Mr. Taylor and Mr. Hoffman. 10 of 203 4 Regular City Council Meeting December 10, 2014 Page Four The Deputy City Clerk called the roll of members present who announced their choices for the two at-large positions. Hill – Frank and Hoffman Adams – Hoffman and Frank Gillmor – Hoffman and Taylor McPartlan – Hoffman and Frank Mr. Hoffman and Mr. Frank were appointed at-large members for one year. B. Other Committee Reports Mr. Adams reported on the Treasure Coast Regional Planning Council’s response to the DEIS and request to ask FRA to redo it to address Coast Guard marine impacts, medical facilities adjacent to tracks, and asked for a face to face meeting. He said counties are trying to legally figure out how to meet with FRA to address their concerns. He further reported that Palm Beach County had a preliminary vote to leave TCRPC, many of the Palm Beach County cities opposed it so they have decided to remain. 9. PUBLIC HEARINGS A. Quasi-Judicial Hearing 14.197 i. Damien Gilliams’ Appeal of Planning and Zoning Commission Site Plan with Conditions and Landscape Waiver Approval for Captain Hiram’s 16 Unit Motel Building at 1615 Indian River Drive (Transmittal, City Attorney Memo, Appeal Application, PZ Order 10/10/14, PZ Minutes 10/2/14, PZ Agenda Packet Backup 10/2/14) (Please refer to City Attorney memo in agenda packet referencing LDC 54-1-2.4 (g) for City Council hearing procedures) Mayor Gillmor opened the public hearing at 7:19 pm, and the City Attorney read the title of the appeal from Mr. Gilliams. Mayor Gillmor disclosed he had communications with Appellant, Damien Gilliams yesterday, and in the past had talked with Tom Collins. Mr. McPartlan and Mr. Adams disclosed they each had a phone conversation with Mr. Gilliams. The City Attorney asked them whether discussions with Mr. Gilliams would affect their neutrality in any way or their ability to judge the appeal based upon the record presented to Planning and Zoning and the argument they will hear tonight, and if they could be fair and neutral without any regard to any prior discussions. All answered yes. The City Attorney further explained that this appeal proceeding is different than other quasi- judicial hearings they have conducted, where they typically act as a circuit judge. He said this is an appellant court, the record has already been set before the Planning and Zoning Commission, and what they will hear is whether the Planning and Zoning Decision should be upheld or not and we are not talking about introducing new testimony that was not brought before Planning and Zoning. 11 of 203 5 Regular City Council Meeting December 10, 2014 Page Five The City Attorney noted he had laid that out for them on page 145 of the agenda packet two LDC sections. He reiterated that this appeal is on the record. He then asked the Deputy Clerk to swear in anyone who will speak. Damien Gilliams said his engineer could not be at the meeting so asked for a continuance to the next meeting, stating his engineer was his professional witness who reviewed the plans, but continued the main reason is that Ms. Coy was not present, and it was critical in case he needed to take it to the next level, he had a court reporter present. Mr. Hill said it was incumbent upon Mr. Gilliams to have his people in place for the scheduled meeting, as this was scheduled in advance, and to allow the property owner to have this cleared up so he can proceed. Mr. Adams said he thought we could afford courtesy of a continuance so we can have an expert witness to put everything on the table. MOTION by Mr. Adams to continue to next scheduled Council meeting. The City Attorney noted that is January 14, 2014. Mayor Gillmor seconded the motion for discussion. Mr. Gilliams noted there is second reading of an ordinance on the agenda to remove stays on appeal that someone is pushing along, so he can continue the project and this would not hold him up. Mayor Gillmor called for public input on the motion. Tom Collins, Captain Hiram’s, said they had been working on the project for a couple of years, said he met with Mr. Gilliams many months ago and asked what his problems were and couldn’t get a straight answer. He said he has worked diligently with staff, Planning and Zoning, received variances, got a 7-0 vote from Planning and Zoning, spent money and now Mr. Gilliams tells us his engineer can’t show up, and this is just a delaying process, an abuse of the system by Mr. Gilliams and a waste of taxpayer money. He urged them to proceed because Mr. Gilliams has already said he will appeal to the circuit court. Mr. McPartlan asked the City Attorney if Council is acting as an Appellate Court overseeing what Planning and Zoning Commission already did and can only consider evidence presented to Planning and Zoning Commission, and since this engineer was not there that testimony would not matter and it would have to be seen as this board as an expert in engineering to provide any testimony. The City Attorney responded correct. Mr. McPartlan said, having seen that, he would like to go forward, since the engineer does not come into this decision making. Mr. Gilliams said this is a due process and he is entitled to have this professional to review the plans that were presented to Planning and Zoning, it is expert testimony and he was sure it is allowed. He then asked them to take into consideration that his certified engineer and Ms. Coy were not present, 20% of the vote. Roll Call on Motion to Extend: Ayes: Adams Nays: Hill, McPartlan, Gillmor Failed: 1-3 (Coy Absent) The Deputy Clerk then swore in anyone intending to give testimony. 12 of 203 6 Regular City Council Meeting December 10, 2014 Page Six Damien Gilliams presented his appeal, gave his background, residency for over 23 years, and his experience, stating he was here to overturn Captain Hiram’s conditional use, site plan and landscaping waiver from the riverfront overlay district, or try to persuade Council to get Mr. Collins to comply or investigate his site plan. He said all records here were a result of a public records request to the Clerk’s office and came out of Collins’ files, to which the Clerk can attest. He said the project has an adverse impact on the health, safety and welfare of the public and it is imperative this board consider revoking the conditional use. He said action was taken at the October 2nd Planning and Zoning Commission meeting with findings of fact, he was noticed by staff to be at this meeting by Growth Management and had a legal standing to be here. He started out by presenting an exhibit, the unity of title, which he stated, lays out what Hiram’s is trying to accomplish and takes four pieces of property and makes it one. He said the unity of file was in the GMD file as submitted by Mr. Collins, and alleged this should have been done at the time of Phase II which was for the last hotel developed. Mayor Gillmor asked wouldn’t that be only one folio number instead of four. Mr. Gilliams said that is correct. (Mr. Gilliams repeatedly moved away from the microphone while speaking to gather paperwork and hand out exhibits to members of Council and staff, so some of his input is not audible). Mr. Gilliams said for the record when Mr. Collins went to Planning and Zoning, the unity of title was not in order and in the unity of title, the mortgage part of that application, it needs to be filled out to be put on notice. He found out that Mr. Collins is not Hiram’s president and he should not be executing the documents, since it is owned by a corporation. He said according to the Land Development Code, this should have been done for the previous site plan. Mr. Gilliams proceeded with his second argument, the as-built survey. He said staff and Planning and Zoning required Mr. Collins to do an as-built survey on the motel across the street which was not completed, and if it was completed properly as required by code, he would have had to include all improvements on the property including the docks, all businesses operating on docks, reflecting parking for all those uses. He said Planning and Zoning could not properly review the site plan because there was no as-built survey done within twelve months of application or done back in 2004. Mr. Gilliams then presented what he called Exhibit G, which he described as the as-built survey that was done reflecting only the hotel and was not the intent of Planning and Zoning when they approved the last hotel. He said the site plan is dated June 19, 2003 and states “as built survey for the entire site”. He then presented what he called Exhibit F from the Captain Hiram’s file in the City, reading LDC 54-4.18.4.d.3 provisions regarding site survey, requiring a topographic survey. He said topographic site survey requirements extend 50 feet beyond the property boundaries and should include water bodies, the docks, the businesses, the impact on the river, the parking; and it is not there. He continued to read the requirements. He said the engineer of record at the time asked where the environmental surveys were. Mayor Gillmor asked if this information was given to Planning and Zoning. Mr. Gilliams said members don’t have books to look anything up because of budget problems with staff here. 13 of 203 7 Regular City Council Meeting December 10, 2014 Page Seven Mr. Gilliams continued saying a traffic study was done on only one parcel here instead of all four and asked, which is why he did not meet the threshold for a study and stated that a traffic study would show things the Commission would not pick up, noting Hiram’s got a variance on parking stalls. Mayor Gillmor said that variance has nothing to do with this project, and that Mr. Gilliams is limited to only discussing items that came before Planning and Zoning. The City Attorney said that was part of those variances and site plan was created at that time. Mr. Gilliams said those parking spaces won’t accommodate. The City Attorney said that was part of variances granted by this board over a year ago and the site plan was prepared based on that. Mr. Gilliams said part of the conditional use was to meet safety issues and you don’t proceed if you can’t park a vehicle. Mayor Gillmor again said that is not admissible. Mr. Gilliams said he is appealing the conditional use, site plan and waiver from overlay district and part of the conditional use criteria is to meet safety issues. He said if it is proven they cannot meet requirements you don’t proceed, and this board tonight has the ability to fix it. Mr. Gilliams then cited Exhibit A, a Police report showing there were hit and run accidents. Mr. McPartlan said we have been all over the board with exhibits F, G, and now A and he would like the applicant to get his stuff together because we have other items to address tonight. Mr. Gilliams said the police report in the Planning and Zoning file says everything is okay down there, but he did records research. Mr. McPartlan asked the City Attorney if we accept documents, do they have to be certified copies. The City Attorney responded that these documents cannot be entered into the record. Mr. Gilliams continued to distribute documents to Council and staff and speaking away from the microphone so not all of his input is audible. The City Attorney said the appellant has done a great deal of work leading up to this hearing, obtaining massive amounts of public records from a variety of sources, but this is not the venue where this information should be introduced. He said this was before Planning and Zoning and it is an appeal on the record and we are not creating a new record here, that all of these documents were available prior to the Planning and Zoning hearing and should have been brought there. Mr. Gilliams said if you check the minutes, he was there and made it very clear on the record. The City Attorney said he permitted the appellant to proceed with his appeal even though the appellant did not provide a transcript of the hearing. Mr. Gilliams said, he had it here and it’s part of the file. The City Attorney said we needed a transcript and Mr. Gilliams responded. Mr. Hill called a point of order, stating the City Attorney is speaking to Council, and Mr. Gilliams’ interruption is inappropriate. 14 of 203 8 Regular City Council Meeting December 10, 2014 Page Eight The City Attorney said these documents are public records, but weren’t part of the Plannign and Zoning record, and all of us are seeing them for the first time tonight. He said in this case you act as advisory and judge based upon the record that was before Planning and Zoning and these documents are not part of that record. Mr. Gilliams disagreed with the City Attorney, and said he had a right to due process hearing and that allows him to go to the file on that piece of property and pull things that are related. He said this is a multi-phase process according to his documents and he is entitled to share them with Council because they cannot know otherwise what was required in Phase II, and he is laying down a foundation for the court properly. He said he did not expect them to make a decision on what he did here and if they wanted he could pack up and leave. He said they are shutting down access to Oyster Pointe, citing a memo from Neel-Schaffer dated June 19, 2013 in the property file. The City Attorney asked if this was before Planning and Zoning. Mr. Gilliams said Ms. King had this file before her and it was backup to her report. Mayor Gillmor asked Ms. King if she had the file at the meeting. Ms. King said they get many comments back from many agencies which are part of the file but not presented to Planning and Zoning, Z, and as staff works through the process the engineers resubmit plans to address the concerns, and staff whittles down the comments in the staff report to Planning and Zoning. Mr. Gilliams again cited concerns of our City Engineer who said it is a traffic nightmare and is shutting off someone else’s site plan. He went on to say he spent lots of money obtaining the City Hall site plan file copies and has a right to present them to this board because they weren’t presented to Planning and Zoning so they could make an educated guess. Mayor Gillmor said Mr. Gilliams is attempting to present items not presented to Planning and Zoning. Mr. Gilliams said he is trying to articulate what Planning and Zoning did not see and perhaps they need to provide the members with the backup information with the staff report because mistakes are made. He asked to be allowed to present the codes that were violated. Mayor Gillmor said if it has to do with what was presented to Planning and Zoning, then fine. Mr. Gilliams said Mr. Collins requested a landscaping waiver and already had a landscaping waiver from a previous hearing, and now he is asking for a waiver on top of additional stuff and this does not meet the code. He closed by saying, if you look at the site plan, you’re missing a lot and without an as-built you won’t know what is down there for all four parcels, all the extra businesses and parking calculations are not there. Mr. Gilliams said he was distributing a document “What is Competent Substantial Evidence in Florida Landscape Hearings”, and the City Attorney told him to make arguments with respect to facts presented to Planning and Zoning, and he would not be handing out documents. Mr. Gilliams said he was allowed to at the last hearing, and placed the document in front of the City Attorney. The City Attorney told him to make an argument on the facts developed at the Planning and Zoning hearing and Mr. Gilliams said he already made his arguments and proceeded to hand documents out to Council. 15 of 203 9 Regular City Council Meeting December 10, 2014 Page Nine The City Attorney again reiterated the competent substantial evidence that was presented to Planning and Zoning and how we are doing arguments based on that and we are not creating evidence at the appellate level and if Mr. Gilliams were in appellate court he would not be handing out documents like this. Mr. Gilliams said at circuit court you can. The City Attorney advised Council that at this stage they are the equivalent of an appellate court and made the distinction between this and other quasi-judicial conduct. Mr. Gilliams cited LDC 54-2.6.2 and read the six criteria for conditional uses used to make a decision and opined that the application did not meet some of the provisions, and if it does not meet the smell test they have a fiduciary responsibility to address it .He respectfully requested them to overturn the conditional use, unity of title, said the as-built needs to be done, stating this should be a standard review and it is not. Tom Collins said as he understands it, Mr. Gilliams is not appealing what he did but the decisions of Planning and Zoning, and it insults the intelligence of what the City has done. He said he has complied with everything the City has asked, worked with his neighbors, and frankly didn’t have anything else to say. He said this is off-base, the as-built is in the file, a requirement after Planning and Zoning, that this is a fiasco and it is time to move on. He suggested staff can reinforce what is presented to Planning and Zoning. There were no Council questions. No one requested to give input in support of the appeal, and no one requested to give input in opposition to the appeal. Mayor Gillmor asked if the City has the unity of title. Ms. King said yes and that it was a condition of Planning and Zoning approval and Mr. Collins brought staff a copy of the recorded document. Mayor Gillmor asked if we have the as-built survey, and Ms. King responded he hasn’t built the project yet, so we will get an as-built at the end of the project, though there is an existing one that was produced as part of the public records request. The City Attorney said the appellant can be given an opportunity to rebut. Mr. Gilliams said Ms. King says they have an as-built survey and advised Council to look at the site plan for the hotel across the street and it states it is supposed to show everything on the entire parcel and it is not in the file and if she has it, she needs to show it to him and prove it is within twelve months of application according to the LDC. He said it is not because there because they don’t want people to know about all the buildings on the property that don’t have a name on them, and not list all the things that require parking, and not ask who signed the unity of title. He said obviously he won’t get justice that is why he will take it to the next level. Mr. Adams asked if the as-built survey is for the current project or encompasses all the parcels involved and Ms. King said an as-built is done at the end of a project after it is built and comes with an engineer’s certification that the project has been built substantially in conformance with the site plan. She said it was requested by Mr. Gilliams yesterday and it has to do with the hotel on the east side. She said she recalled a letter from the engineer of record attached and she handed it to the Deputy Clerk for the records request. She said the current parcel was not part of the parent site yet, and said they asked for the unity of title because if it was going to be part of the overall project they would not require a landscape 16 of 203 10 Regular City Council Meeting December 10, 2014 Page Ten buffer, and they did not request the unity of title on the front side of Planning and Zoning because if it was not approved, why would he want to unify, so the Commission requested it as a condition. At this time she produced an as-built which was brought to her by a fellow staff member from the property file which had the engineer’s certification letter, noting this was not part of the record before Planning and Zoning. MOTION by Mr. Hill and SECOND by Mr. McPartlan to deny the appeal. The City Attorney advised they add “and uphold the decision of the Planning and Zoning Commission”, and they added it to the motion. Roll Call: Ayes: McPartlan, Gillmor, Adams, Hill Nays: None Passed: 4-0 (Coy – Absent) Mayor Gillmor called recess from 8:22 pm to 8:36 pm. All members were present. B. Legislative Hearings 14.184 i. Second Reading of Ordinance No. O-14-06 (Revised) – Amending LDC Section 54-2-3.2 Re: Procedures and Criteria for Temporary Use Permits - (Transmittal, O-14-06, Definitions, Hearing Notice) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-2-3.2 REGARDING PROCEDURES AND CRITERIA FOR REVIEW OF TEMPORARY USES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. The City Attorney read the title of Ordinance No. O-14-06, and Mayor Gillmor opened the public hearing at 8:37 pm. Mr. Hill said there has been a lot of discussion on this item, but there is not a lot of opposition to the intent but he thought there were some things in here that may warrant a delay of about a month to get these things cleaned up, such as what types of properties, where located, the amount of time someone could have an event, how often, what types of food. He asked that we hold this over until the next Council meeting. He said the City Manager has the discretion to make sure no one is adversely affected by the postponement. Mayor Gillmor said he thought there were changes that needed to be made, have it be commercial rather than be in residential. Mr. Hill said he thought there were changes that could be made tonight but is not an emergency situation, and on some of the issues the City Manager talked to individual Council members, there are issues coming from the public they need to talk to the public on prior to coming forward, and issues brought forward over the last several days are good issues and the potential for other ones warrant delay to the next meeting. Mayor Gillmor asked the City manager’s thoughts and the City Manager responded he would take Council’s direction and talk to Community Development staff to further refine this and City Attorney, and perhaps amongst ourselves can come back with a better product. MOTION by Mayor Gillmor and SECOND by Mr. Hill to defer to January 14th (wording on advice of City Attorney). 17 of 203 11 Regular City Council Meeting December 10, 2014 Page Eleven Lisanne Robinson thanked them for agreeing there are problems with this, and asked how we can get the business community and non-profits involved because this is not the time tonight to go over this and asked if we could schedule a workshop to get staff, businesses and non-profits together and hash out the details, stating this will affect the business community. Mayor Gillmor said businesses can contact staff and members of Council. Ms. Robinson commented wouldn’t it be nice to get people together including not for profits, noting these events have blossomed to 54 events for this season and is not a small issue and word needs to get out to the business community with an email because it may affect them. Louise Kautenburg thanked them and said this was kind of rushed, and asked, if delayed to the next meeting and we are going to change some things, would it be as a new first reading. The City Attorney said if the changes being proposed altered the title of the ordinance, but if it could be made with the same title that has already been advertised it wouldn’t require it and could be a substitute ordinance. The City Manager said a suggestion has been made to take this back to Planning and Zoning, and still move temporary use permits forward as they come up. Mr. Hill said this is not rocket science, it is shown we are willing to hold this off, there will be opportunities at the next reading for input and he is comfortable with the motion as it is. Roll Call: Ayes: Gillmor, Adams, Hill, McPartlan Nays: None Present: 4-0 (Coy – absent) 14.185 ii. Second Reading of Ordinance No. O-14-07 – Repealing Stays on Appeals (Transmittal, O-14-07) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO ZONING AND LAND USE PLANNING PROCEDURES, REPEALING STAYS UPON APPEALS OR PETITIONS OF WRIT OF CERTIORARI, AMENDING SECTIONS 54-1-2.5, 54-1-2.4 AND 54-4-18.6 OF THE LAND DEVELOPMENT CODE, PROVIDING FOR RETROACTIVE EFFECT, REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. The City Attorney read the title of Ordinance No. O-14-07 and Mayor Gillmor opened the public hearing at 8:47 pm. MOTION Hill and SECOND by Mr. McPartlan to approve O-14-07. No one requested to provide input. Roll Call: Ayes: Adams, Hill, McPartlan, Gillmor Nays: None Passed: 4-0 (Coy – absent) 10. UNFINISHED BUSINESS 14.018 A. Review City’s Submission to Federal Rail Administration – All Aboard Florida Draft Environmental Impact Study DEIS (Transmittal, Comments Letter) The City Manager exhibited the 800+ page City of Sebastian response to FRA submitted on time. He said it is available on the city website AAF Link and in the Office of City Clerk. 18 of 203 12 Regular City Council Meeting December 10, 2014 Page Twelve 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda 14.189 A. Attorney Rich Stringer – Elkcam Waterway Seawalls Attorney Rich Stringer addressed City Council on the issue of City canals on the south side of CR 512. He stated canals are a part of a single city-wide system that drains the City, where swales lead to lateral ditches and ultimately lead to the canals in the GDC portion of the City, is grandfathered and we need to be careful in altering it. He said City staff has taken a position on canals south of 512 that the location of the lot line designates who owns the seawall. He said on Elkcam canal there are eight homes on Joy Haven where the seawall meanders to the City side, and ten homes on Concha on the owner’s side but otherwise it is all City side. He cited the twenty foot City rear drainage and utility easement which allows the canal to be there, exhibiting a plat of one of the properties in question. He said while a property owner has no control of a seawall if it beyond the property line, the City could have control of it if it is over on the lot because of the easement, and also the lateral pipes run in the easement going back to the canal. He said it is seamless, noting homeowners do not have easements with their neighbors which would allow them to cut the seawall at a property line, there are no City code regulations that address seawalls, and the absence of any means of control indicates City ownership. He noted north of CR 512, 80% of the lots the seawall were outside of the owners’ lots, 20% were on the owners’ land and the City took the position that you can’t own part of the system. He said he did not think GDC concerned themselves about ownership of the seawall because they had the easement and that controlled maintenance. He said that Elkcam and Schumann canals go back and forth and to tell your neighbors they are responsible is not a responsible decision. He said some seawalls are failing, one contractor’s estimate was $30,000 for ten feet and there are five miles of seawalls south of 512, normally it takes a long term process, but there is one with a swimming pool about to fall in, ten feet up there is rift in in the land towards the pool and a chasm where you can see roots and pipes, said all repair work has to happen off the property owner’s land. He said something has to be done, this is not reasonable or just, and asked Council to take action and affirm they own it. 14.198 B. G. Martin Hall – Makers Space (info) Mr. Hall gave a brief Power Point presentation (see attached) regarding locating a MakerSpace to Sebastian that provides for space for hi-tech hobbies for those that don’t have means to pay for these hobbies otherwise. Bruce Zingman thanked all the organizations involved in providing another great Santa Parade and the fifty entries from the community, and announced Santa will be back in Riverview Park on December 13th and 20th from 2-4 pm and will bring presents for everybody. Tom Racidic, Barber Street, resident 12-13 years, expressed concern for speed issues along Barber and Schumann where the speed limit is 35, the same as the new speed on US 1 and he did not see the comparison. He suggested lowering the speed limit to 30 or putting in stop signs, or maybe no-through truck signs. He said someone ran off into the swale to pass his wife, and mentioned he’d heard we have a speed radar sign. 19 of 203 13 Regular City Council Meeting December 10, 2014 Page Thirteen The City Manager said the radar is broken, and he has Mr. Watanabe looking to purchase two more units. Mayor Gillmor said it may be an issue of more enforcement rather than speed limit. Nick Scheskowsky, Joy Haven, said with normal sea levels there is beach in the canals, that there is an agency spraying the grasses in the canals and it kills the grass, noting that may be degrading the seawalls. Ben Frazier asked, when the sea walls were built, did the City issue permits, and did they survey to see where the seawalls would be installed, and did they check to see if the seawalls were installed correctly or was it just a willy nilly installation. He said it appears there was a lot of liability with the City. Ben Hocker congratulated new members of Council, asked whether we paid for the Sebastian police boat lift at Mulligans or are we renting the space and why is it not at the Working Waterfront. The City Manager said the slip was donated, but the City purchased the lift, and was there because we wanted a faster response time to get to issues in the water, it shows a presence and we do not have dockage at the Working Waterfront since it is leased to FLS. Mayor Gillmor said there is only commercial craft at the Working Waterfront Mr. Hocker said he read in the lease that it is for commercial and pleasure and asked if the use of the slip will carry through if Mulligan’s changes owners; said a friend from Winter Haven contacted him to say a rail yard is being installed as well as a tractor trailer depot storage which leads him to believe commercial freight will be transferred to freight trains; and said we need an additional cross walk at Captain Hirams for the new motel and that there are still vehicles sticking out into the road from the diagonal parking, which still does not have concrete stops. 12. NEW BUSINESS 14.104 A. Resolution No. R-14-30 – Revision to Temporary and Special Event Fees (Transmittal, R-14-30) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING TEMPORARY USE AND SPECIAL EVENT FEES; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney said this should be deferred consistent with Ordinance No. O-14-06. MOTION by Adams and SECOND by Hill to defer until January 14, 2015. Roll Call: Ayes: Hill, McPartlan, Gillmor, Adams Nays: None Passed: 4-0 (Coy absent) 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS 14.018 A. Mayor’s 12/2/14 Letter to Federal Railroad Administration (Letter) The City Manager presented the letter sent to FRA based on Council’s direction from November 19, 2014, with the two resolutions adopted by Council attached. 15. CITY CLERK MATTERS - None 20 of 203 14 Regular City Council Meeting December 10, 2014 Page Fourteen 16. CITY COUNCIL MATTERS A. Vice Mayor Adams - None B. Council Member Coy - Absent C. Council Member Hill – Wished everyone a Merry Christmas and Happy New Year. D. Council Member McPartlan - Wished everyone a Merry Christmas and Happy New Year E. Mayor Gillmor Dedicated to his wife and sang “Have Yourself a Merry Little Christmas”. 14.199 i. Discuss City Board and Committee Training This item was not addressed. 17. Being no further business, Mayor Gillmor closed the Regular Meeting at 9:24 pm Approved at the ___________________________, Regular Meeting. By: __________________________________ Richard H. Gillmor, Mayor ATTEST: __________________________________ Sally A. 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