HomeMy WebLinkAbout02252015 Agenda Packet
SEBASTIAN CITY COUNCIL
REGULAR MEETING
AGENDA
WEDNESDAY, FEBRUARY 25, 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 Grant Foster, Riverside Church
3. PLEDGE OF ALLEGIANCE – Led by Vice Mayor Jerome Adams
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.
15.042 A. Proclamation – Brian’s Ride for Cystic Fibrosis – Accepted by Brian McCandless
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15.043 B. Proclamation - National Invasive Species Awareness Week – Accepted by Karen
7 Schuster, Florida Medical Entomology Laboratory & Pelican Island Audubon Society
Nature Stewardship Society Volunteer
C. Brief Announcements
• Friday 3/6/15 – Sebastian Chamber of Commerce Concert in the Park – Blue
Cypress Bluegrass – 5:30 pm to 8 pm
• Saturday & Sunday 3/7/15 & 3/8/15 – Craft Club Show in Riverview Park – 10 am
to 3 pm
• Saturday 3/14/15 – Pelican Island Wildlife Festival in Riverview Park – 10 am
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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.
8-16 A. Approval of Minutes – February 11, 2015 Regular Meeting
15.044 B. Award Bid and Three Year Contract with Three One Year Renewals by Mutual
17-45 Consent for Janitorial Services to Nash Janitorial Service in the Amount of $3,459
Monthly (Annual $41,508) (Transmittal, Bid Tabulation, RFP, Contract)
15.045 C. Approve Prior Authorization for Reimbursement for Council Travel for Vice Mayor
46 Adams to Attend FLC Legislative Action Day for One Day in Tallahassee on March
17, 2015 (Transmittal, Agenda)
15.046 D. Award Bid for Skate Park Reconstruction to Misiano Construction and Remodeling in
47-105 the Amount of $93,935.00 and Authorize the City Manager to Execute Contract
(Transmittal, Bid Tabulation, Construction Services Agreement)
15.047 E. Approve Purchase of Four Video Systems from Safety Vision, LLC under GSA
106-110 Contract #GS-07F-0022J for $19,754.20 for Four Recently Purchased Replacement
Police Vehicles (Transmittal, Vendor Quote-Safety Vision, GSA Contract)
15.048 F. Approve Sebastian River Art Club Show Dates in Riverview Park for 2015-2016 and
111-114 50% Reduction of Rental Fee – 11/28/15, 12/19/15, 1/23/16, 2/13/16, 2/14/16,
3/19/16, 4/10/16 – 10 am to 4 pm with Raindates as Requested on the Immediate
Sunday Following (Transmittal, Park Use Permit Application, Art Club Letter)
15.049 G. Approve American Cancer Society Relay for Life Event in Riverview Park on April 25,
115-120 2015 from 11 am to 11 pm and Close Sebastian Boulevard from Just Past Parking
Entrance East to Indian River Drive and Harrison Street from Just Past Parking
Entrance East to Indian River Drive from 8 am to 11 pm (Transmittal, Park Use
Permit and Mobile Stage Applications, Map of Park and Receipt)
15.050 H. Approve Pelican Island Wildlife Festival in Riverview Park on March 14, 2015 from
121-124 10 am to 4 pm and Close Indian River Drive from Coolidge Street South to the
Southern Parking Entrance, Harrison Street from Just Past Parking Entrance East to
Indian River Drive and Sebastian Blvd from US 1 East to Indian River Drive from 6
am to 6 pm – Approve Restricting Half of Yacht Club Boat Ramp from 10 am to 5 pm
(Transmittal, Letter from PIPS)
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.
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9. PUBLIC HEARINGS (Legislative)
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 the
record)
Staff summation
Mayor closes hearing
Council deliberation and action
15.033 A. Second Reading and Public Hearing - Ordinance No. O-15-01 – Police Pension
125-168 Fund (Transmittal, O-15-01, Actuarial Opinion)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING AND RESTATING
CHAPTER 58, LAW ENFORCEMENT, ARTICLE III, POLICE OFFICERS’ RETIREMENT SYSTEM,
SECTIONS 58-46 THROUGH 58-69, INCLUSIVE, OF THE CODE OF ORDINANCES OF THE CITY
OF SEBASTIAN; ESTABLISHING A “LOCAL LAW” PENSION PLAN FOR POLICE OFFICERS TO BE
KNOWN AS THE CITY OF SEBASTIAN POLICE OFFICERS’ RETIREMENT SYSTEM; PROVIDING
FOR DEFINITIONS; PROVIDING FOR MEMBERSHIP; PROVIDING FOR A BOARD OF TRUSTEES;
PROVIDING FOR FINANCES AND FUND MANAGEMENT; PROVIDING FOR CONTRIBUTIONS;
PROVIDING FOR BENEFIT AMOUNTS AND ELIGIBILITY; PROVIDING FOR PRE-RETIREMENT
DEATH BENEFITS; PROVIDING FOR DISABILITY BENEFITS; PROVIDING FOR VESTING OF
BENEFITS; PROVIDING FOR OPTIONAL FORMS OF BENEFITS; PROVIDING FOR
BENEFICIARIES; PROVIDING CLAIMS PROCEDURES; PROVIDING FOR REPORTS TO THE
DIVISION OF RETIREMENT; PROVIDING FOR A ROSTER OF RETIREES; PROVIDING FOR A
MAXIMUM PENSION LIMITATION; PROVIDING FOR MINIMUM DISTRIBUTION OF BENEFITS;
PROVIDING MISCELLANEOUS PROVISIONS; PROVIDING FOR REPEAL OR TERMINATION OF
THE SYSTEM; PROVIDING FOR DOMESTIC RELATIONS ORDERS, EXEMPTION FROM
EXECUTION AND NON-ASSIGNABILITY; PROVIDING FOR PENSION VALIDITY; PROVIDING FOR
FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR CONVICTION
AND FORFEITURE, FALSE, MISLEADING OR FRAUDULENT STATEMENTS; PROVIDING FOR
INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDING FOR DIRECT TRANSFERS OF
ELIGIBLE ROLLOVER DISTRIBUTIONS AND ELIMINATION OF MANDATORY DISTRIBUTIONS;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.
10. UNFINISHED BUSINESS
11. PUBLIC INPUT
New information or requests to city council not otherwise on the prepared agenda
12. NEW BUSINESS
15.051/14.123 A. Authorize Agreement Between River Park Plaza Property Owners (480-484 US
169-178 Highway One) and the City to Construct 34 Paved Parking Spaces Within the City-
Owned Adjacent Riverview Park Overflow Parking Lot at Their Cost to Include
Interconnectivity with Their Existing Parking Lot and Parking-In-Lieu Credit
15.052 B. Resolution No. R-15-04 – Creating a Sebastian Youth Advisory Council (Transmittal,
179-182 R-15-04)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
ESTABLISHING THE SEBASTIAN YOUTH ADVISORY COUNCIL; PROVIDING FOR MEMBERSHIP;
PROVIDING FOR DUTIES AND RESPONSIBILITIES; PROVIDING FOR PROCEDURES; PROVIDING
FOR SUNSET; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
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15.053 C. First Reading of Ordinance No. O-15-04 – Repealing Sec. 74-33 - Establishing Golf
183-193 Course Rates – Set 2nd Reading and Public Hearing for March 25, 2015 (Transmittal,
O-15-04)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING
SECTION 74-33 ARTICLE II OF THE CODE OF ORDINANCES PERTAINING TO MUNICIPAL GOLF
COURSE RATES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
15. CITY CLERK MATTERS
16. CITY COUNCIL MATTERS
A. Vice Mayor Adams
B. Council Member Coy
C. Council Member Hill
D. Council Member McPartlan
E. Mayor Gillmor
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:
3/11/15 CRA Meeting – 6 pm
3/11/15 Regular City Council Meeting 6:30 pm
3/25/15 Regular City Council Meeting 6:30 pm
4/8/15 Regular City Council Meeting 6:30 pm
4/22/15 Regular City Council Meeting 6:30 pm
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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 the 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.
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SEBASTIAN CITY COUNCIL
REGULAR MEETING
MINUTES
WEDNESDAY, FEBRUARY 11, 2015 - 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor Gillmor called the Regular Meeting to order at 6:30 p.m.
2. Invocation was given by Reverend Dave Newhart, St. Elizabeth’s Episcopal Church.
3. The Pledge of Allegiance was led by Mayor Richard Gillmor.
4. ROLL CALL
City Council Present:
Mayor Richard Gillmor
Vice Mayor Jerome Adams
Council Member Andrea Coy
Council Member Jim Hill
Council Member Bob McPartlan
City Staff Present:
City Manager, Joe Griffin
City Attorney, Robert Ginsburg
City Clerk, Sally Maio
City Engineer/PW Director, Frank Watanabe
Human Resources Manager, Cynthia Watson
Police Chief, Michelle Morris
Police Officer, Steven Marcinik
Police Commander, John Blackledge
E-Records & Information Manager, Barbara Brooke-Reese
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
Mayor Gillmor requested, on behalf of the City Manager, addition of New Business item 12
E for an airport lease for Hangar B. Ms. Coy moved for approval and there was no objection.
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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.
15.034 A. Proclamation – African-American History Month – Accepted by Vice Mayor Jerome
Adams
Vice Mayor Adams and Mayor Gillmor read the Proclamation and it was accepted by Vice
Mayor Adams.
15.035 B. Proclamation – Crossing Guard Appreciation Day – February 6th – Accepted by
Sebastian Crossing Guards and Supervisor/Certified Trainer Officer Steve Marcinik
Mayor Gillmor read and presented the Proclamation to several of the City of Sebastian
crossing guards and Police Officer Marcinik.
15.036 C. Waste Management Presentation – Earth Day Community Recycling Event in
Riverview Park and Community Cleanup Day at BSSC and Schumann Park
Amy Boyson, Community Affairs Manager, Waste Management, introduced Deana Ryder-
Hicks, Public Affairs Manager, and Bob Delacruz, Vero Site Manager, and gave a brief
presentation on planned community activities on April 18, 2015 from 9 am to noon, 1) at
Riverview Park in conjunction with Sebastian’s Earth Day event to include paper shredding/
recycling and electronic recycling and 2) at Barber Street Sports Complex and Schumann
Park, a Community Cleanup Day to include household goods excluding white goods (see
flyers with specifics attached). She said they would be advertising the events on bill inserts
on March 6, 2015, an e-newsletter in April, and slides on Comcast Channel 25 with
information regarding automated collection by robotic arm (see slides attached).
Deanna Ryder-Hicks gave an update on the status of compressed natural gas vehicles into
Sebastian, (see Power Point presentation attached), the benefits to the community, said
they are working with local engineers to look at properties where infrastructure can be put
into place for a fueling throughout the County, they are working with FL City Gas, and will
keep everyone up to date as they progress.
Mr. Adams asked her to define white goods, and she responded large household appliances
such as stoves and refrigerators.
Mayor Gillmor asked if we had a clause in our new franchise contract with Waste
Management whereby we could provide a fueling station because we are getting gas here,
and the City Manager responded that the provision provides that if Waste Management
acquires the County franchise and if there is a CNG line down 512 then we will supply land,
perhaps at the Airport at a fair market lease rate, and they would install a CNG station.
D. Brief Announcements
2/14 & 2/15 – Sebastian Art Club Show – two day judged show
2/16 – Presidents Day – City Hall Closed
Mayor Gillmor read the announcements above.
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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 – January 14, 2015 Regular Meeting
B. Approval of Minutes – January 28, 2015 Regular Meeting
15.037 C. Prior Approval for Council Travel – Mayor Gillmor Attendance at FLC Advanced
IEMO III – March 13-14, 2015 – Hilton Orlando/Altamonte Springs, FL (Transmittal,
Registration Form)
MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve the consent agenda.
Roll Call: Ayes: Gillmor, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0
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.
15.030 A. Disabilities Advisory Committee - Announce Member Names for Record
Carolyn Sartain-Anderson, Michael Goodfellow, Albert Iovino, Andrea Ring and
Mildred Virant
Mayor Gillmor read the names of the new Disabilities Advisory Committee appointed on
January 28, 2014 into the record as set out above.
9. PUBLIC HEARINGS (None)
10. UNFINISHED BUSINESS
15.021 A. Unified Plan on Seawall Options (Transmittal, PowerPoint Presentation)
The City Manager said he was directed at the January 14, 2015 meeting to get with the City
Engineer, and come back with preliminary planning for seawalls, and since then there have
been numerous brainstorming sessions and a meeting with St. Johns River Water
Management, and the City Engineer has prepared a Power Point presentation.
The City Engineer gave a brief presentation (see Power Point attached for reference) which
included photographs representing the existing south canal locations showing some with
only sloped banks, some with seawalls on only one side or both along the 6.5 miles; set out
the engineering assessment process to develop a unified plan, cited need for available
options both interim and long term, mitigation methods, and costs and availability of grants
typically with 50% match. Ms. Coy asked if it was possible that areas with seawalls could
become sloped and vice versa depending on the analysis, and Mr. Watanabe answered that
is a good assessment, that there are different types of damage and the engineering
assessment will highlight all the locations and come up with potential areas we need to
improve, what it should look like, because in the long run it will all have to be upgraded.
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Ms. Coy noted she did not hear him say the word “rip-rap”. Mr. Watanabe said you try to
avoid that, that it is okay for emergency but for long term it is not the answer.
The City Manager emphasized that when the northern section was done on Collier Canal,
the erected walls entombed the old walls, and that required us to mitigate and we had
Hardee Park to use for mitigation, but we may not have that in the southern canal areas, so
the City Engineer’s point was important because we are going to be required to mitigate. He
said the purpose tonight is to give a preliminary assessment, and that he was seeking
direction to put out an RFQ for qualified engineering firms to bid on this, come back with the
bid results, and then report further on our strategy.
Mayor Gillmor asked if he wanted a motion to approve $50K. The City Manager said he did
not know what the cost would be and this is a best guess.
MOTION by Mr. McPartlan and SECOND by Mr. Adams to approve the $50K and if it costs
more bring it back.
Mr. Hill said the designated fund for this is General Fund reserves so we are tapping
reserves for $50K, and he was concerned about this because we have funds available in the
General Fund for a stormwater and lagoon line item. He said Council was told over and over
again not to tap into reserves, that we should raise taxes rather than tap into reserves. He
said as a stormwater element this could be one of those projects we utilize that lagoon fund
for.
Ms. Coy said she was not opposed to using the General Fund reserve and would prefer not
to tap into that lagoon fund because we have big lagoon projects too, that this seawall
project will be huge, and we are looking at grants. Mr. Hill again reiterated his concern about
using reserves when they were advised not to and there are funds to use for this in the
General Fund. He said it is a worthy project but the funding source is wrong. Ms. Coy said
the funds are not undesignated, projects were suggested and we already spent $50K for the
septic, half of this year’s lagoon fund. She said she disagreed with him but that is not always
unusual.
Mayor Gillmor said this is an extraordinary expense, reserves are for rainy days and that is
why you have the reserve.
Roll Call: Ayes: Adams, Coy, McPartlan, Gillmor Nays: Hill Passed: 4-1
15.038 B. Barber Street Traffic Campaign (Transmittal, COS PD Statement, Traffic
Assessment Presentation by City Engineer)
The City Engineer gave a brief Power Point presentation (see attached for reference), stating
for the record that he was a licensed traffic engineer, said new 30 mph speed signs have
been installed, described traffic counts, explained traffic investigation and traffic calming
processes, including using speed fine signs, dummy PD vehicles, speed trailers, community
outreach and education, and explained long term traffic options including traffic lights at
either side of the bridge on Barber Street where there is sight obstruction with light trips, and
perhaps at Tulip near the fire station, noting an approximate cost of $100K for one signal with
steel pole.
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Ms. Coy asked if stop signs would work at those areas, and Mr. Watanabe responded there
are programs that simulate traffic situation and best methods can be determined.
Mr. McPartlan asked if we can break down speed data by the hour to help with police
enforcement, and Mr. Watanabe said we can, staff has been doing some preliminary
engineering and once we do an official speed study the speed limits have to be posted
based on those results, which could result in higher speed limits, but in this case, based on
the latest speed check it would be 32 mph, though it won’t stay that way because people go
back to bad habits. Mayor Gillmor said he liked the signs on the garbage cans.
Chief Morris said the PD has started enforcement, she interviewed for CH 25 last week on
this issue, and it will play going forward, and responded to Mr. McPartlan that there was no
consistent time in the data they collected to show speeding at any pattern as to a higher
speed time.
In response to Mr. McPartlan the City Manager said the new speed trailers for the next
budget will not have the ability to take a photo, but there are speed trailers with message
boards on top. Chief Morris said the messages can be programmed any way you want
them. She further said they are writing tickets.
Ms. Coy said hit their wallet and the numbers add up for their insurance noting we were the
speed trap in Sebastian years ago.
The City Manager said he would like to pursue the idea of a traffic magistrate brought up by
Mr. McPartlan, noting our special magistrate had that job in Palm Beach County and it is not
a tough leap to do this. There was no objection to pursuing that.
11. PUBLIC INPUT
New information or requests to city council not otherwise on the prepared agenda
Linda Jereb, on behalf of the Barber Street Campaign, thanked the Police Department and
Council and said they have noticed a great difference.
12. NEW BUSINESS
15.039 A. First Reading of Ordinance No. O-15-02 – Extending Veterans Advisory Board
Repealer for Additional Five Years – Schedule Second Reading and Public Hearing
for March 11, 2015 (Transmittal, O-15-02)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
SECTION 2-253 OF CHAPTER 2, ARTICLE V. DIVISION 7. OF THE CODE OF ORDINANCES;
PROVIDING FOR A REPEALER EXTENSION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-15-02 by title and said this is first reading of the
ordinance that would extend the Veterans Advisory Board’s life for five years. (Subsequent
to the meeting, the City Attorney advised the City Clerk, prior to the legal ad placement, to
add “Veterans Advisory Board” in the title for reference.
MOTION by Mr. Hill and SECOND by Mr. McPartlan to approve.
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Wayne Newland, Chairman of the Veterans Advisory Board, said the Board is a link
between the Veterans and their needs and the City, they have been very active and
accomplished much including traffic control during ceremonies which has greatly enhanced
the events, have begun engineering the sewer connection project for the VFW and
American Legion. He said they appreciate the progress on little things but it serves to bring
their concerns to City Council and has been very successful.
Roll Call: Ayes: Coy, Hill, McPartlan, Gillmor, Adams Nays: None Passed: 5-0
15.031 B. First Reading Ordinance No. O-15-03 - Temporary Use Permits – Schedule Second
Reading and Public Hearing for March 11, 2015 (Transmittal, O-15-03)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT
CODE SECTION 54-2-3.2(a)(7) REGARDING PERMITTED LOCATIONS FOR TEMPORARY USES
AND SPECIAL EVENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-15-03 by title.
The City Manager said he had direction to bring this back, after Father Dave Newhart made
a presentation to Council at the last meeting with concern, he met with Father Newhart, the
City Attorney and the Mayor, and the ordinance is back before them with one sentence
added to restrict temporary uses in PS districts in residential areas to non-commercial uses,
and he asked them to pass on first reading.
Mayor Gillmor said this will allow pumpkin patches, picnics. Ms. Coy said no commercial
vendors, no outside vendors. Mr. Adams said he was pleased everyone was able to sit
down and resolve this since the original ordinance did not meet the intent of what Council
wanted to do.
MOTION by Mr. Adams and SECOND by Ms. Coy to approve.
Mayor Gillmor said his concern was that we not require permits for things that we would
expect churches to do anyway, like dinner on the grounds or inviting boy scouts over for
some type of minor jamboree, and we should not expect that churches in residential areas
couldn’t use their property for displays or things like this if its non-commercial. He said he
did not want to see them get a permit for that but for something they know is going to be
large like a pumpkin patch or something else, this allows them that freedom.
Reverend Newhart thanked the Council for hearing the voice of many of the churches and
the neighborhoods. He said they did some research and between 2010 and 2014 there have
been 110 permits requested and ten of them were between two churches and there were no
complaints to the police or code enforcement, which says a lot about those events. He said
they have never been intrusive, thanked the City Manager, City Attorney and Mayor for
meeting with him to hash it out, noting these events are beneficial for the community, and
this speaks volumes to the Council that they have good ears as evidenced here tonight. He
commended them for their efforts. He noted he had not seen any of them at their events and
invited them to attend, and also to join them in the February 28 KIRB cleanup along the
Indian River.
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The City Attorney advised that this ordinance provides three layers of investigation and
decision making being staff, then City Manager and then appeal to City Council, and Council
has the last word.
Roll Call: Ayes: Hill, McPartlan, Gillmor, Adams, Coy Nays: None Passed: 5-0
The City Clerk said for the record, both hearings will be on March 11th.
15.040 C. Award Working Waterfront Fisherman’s Landing Marina Fish House Construction
Contract to Ferreira Construction in the Amount of $416,990 and Appropriate $4,915
from DST Funds (Transmittal, Bid Summary Sheet, Construction Services
Agreement)
The City Manager recommended award of the fish house construction to Ferreira
Construction in the amount of $416,990, noting we will be short by almost $5k and asked for
an appropriation of $4,915 from DST funds.
MOTION by Ms. Coy and SECOND by Mr. Hill to award the Working Waterfront Fisherman’s
Landing Marina Fish House construction contract to Ferreira Construction in the amount of
$416,990 and appropriate $4,915 from DST funds.
Roll Call: Ayes: McPartlan, Gillmor, Adams, Coy, Hill Nays: None Passed: 5-0
15.041 D. Consider Funding to Participate in Indian River Lagoon Council (Transmittal, Lagoon
Council News, Mayor’s Letter to IRC Commission Chair Davis)
Mayor Gillmor reported on his attendance at the last few IRL NEP Council meetings including
today’s where Indian River County officially bowed out of the Council, cited his conversations
with SJRWMD representative, Doug Bourneke, Interim Director, Maurice Sterling, and Mayor
Winger of Vero Beach, and the bottom line is that we need to have a representative on that
Council. He noted Mr. Bourneke stated it well, that the status quo is that the counties have no
control right now and this is an effort to remove the bureaucracy to a process where the five
counties located around the lagoon have a majority say in how money is spent. He said the
two water management districts will be contributing $500K each, DEP $250K, federal
government $500K, and the five counties $250K total, for a total of $2M.
He said the two objections that were brought out from Commissioner Solari were that he didn’t
feel SJRWMD or SFWMD or DEP should have voting members on the Council and that there
was no sunset review. He said there is in fact a strong sunset review in the draft five years
out, the Council can disband with a majority vote, they can disband at any time by a
supermajority vote, and any individual member can opt out at any time but leave their pledged
funds for that year. He said all other commissions have voted unanimously and it would be a
travesty for four counties and other agencies to form a Council without Indian River County as
a representative. He said he had voiced the idea to Tom Frick that Sebastian have some form
of seat on the Council, and when they form without IRC he believes there is a mechanism to
allow other entities to join, but it is up to the Council whether to accept us. He said we have
been at the forefront with saving our lagoon but still have a lot of work to do, will spend money
for the foreseeable future, and without an ear he did not see us getting any of the money.
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He said every agency will have to buy into it, citing that the Treasure Coast Council of Local
Governments, on which Vice Mayor Adams sits, has attendance by representatives of the
federal government and deals with lagoon issues all the time. Mr. Adams said it is a great
opportunity to make contact with legislators through the aides who attend. Mayor Gillmor
closed by saying he was asking a resolution or vote of confidence to seek a seat on the
Lagoon Council.
Mr. McPartlan asked if we would share funding and membership with Vero Beach if we were
accepted. Ms. Coy asked if it is possible not to split with Vero Beach but request our own
seat at the rate of $25K. Mayor Gillmor discussed the possibility of offering them office
space in the old school house as in-kind. Ms. Coy suggested we first ask the Council if they
will accept us as our own entity and what would it cost. Mr. McPartlan said they are going to
want $50K for our seat if we want a vote. Mr. Hill said they are going to need to vote
unanimously to allow Sebastian a seat, and to have same vote for not as much money
doesn’t make much sense. He said he thought Indian River County had some legitimate
concerns and wished they could work out their issues with the board, noting some of them
want to, that we do need a voice but he would like to see IRC represent us on the board. He
said we should have a voice, agreed it won’t happen for less than $50K, and suggested we
go forth and ask them for a say and bring it back.
Mayor Gillmor said as of today the full board voted to remove any reference to IRC from the
document, and that he has had conversations with County Commissioners as well.
Ms. Coy said looking at the players and two names mentioned on page 144 are long
standing, very vocal players who she knows will not budge, especially when you have the
citrus organizations involved in all of this, with long standing water issues, control issues and
have been very active.
Mayor Gillmor said they voted to form with at least six members and have five on board right
now, St. Lucie and Brevard will vote next week, and they only need one of them and it will
be formed, with the first full meeting the last week of Feb or March 4 or 11. He said if we can
get a seat for $25K would Council authorize that because he would like to be at that meeting
and give that pitch. He said they approached Treasure Coast Regional League of Cities and
Space Coast League of Cities but they don’t have that kind of money. He said this Council
was crafted close to the Tampa Bay project and there are lots of cities on that Council.
Mr. Hill said once we start talking money, they will lose him on that, but we can say go
forward and find out what it takes to pursue our vote, and then come back and then we have
something we can vote on, but he would be reluctant to just throw it out there.
Ms. Coy said we are not voting on money tonight.
Mr. McPartlan said we could go to the meeting and express the interest that Sebastian has
on this project, hopefully the County will come around and take care of the seat, and if not
maybe Vero Beach would like to join and split a seat but the thing is, we are willing to do
whatever it takes to be a part of this because the return on your money is 8:1. He said if no
one else wants to come on board with us, we go after our own seat for $50K.
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Mayor Gillmor said based on conversations he has had, they are going to be receptive to
having us.
Ms. Coy said we have had people looking at that office space and the City Manager said
yes but at the opposite end of the building.
Mayor Gillmor said he thought he had his marching orders.
New E. Airport Hangar B Lease – Eagle Air Transport (added to agenda during agenda
modifications - see new backup attached to minutes)
The City Manager said Mr. Nelson of Eagle Air Transport, which operates the planes which
provide Skydive Sebastian lift services, had asked him if Hangar B is available for temporary
use for work he needs to get done on his planes. He said this is a temporary two month
lease effective immediately at $2500 per month net, and asked for Council approval.
MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve the temporary lease of
Hangar B.
Ms. Coy s asked if it is extendable upon request. The City Manager said paragraph C of the
lease (see new backup attached to minutes) has a provision for extension with Council
approval.
Roll Call: Ayes: Gillmor, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0
13. CITY ATTORNEY MATTERS - None
14. CITY MANAGER MATTERS - None
15. CITY CLERK MATTERS - None
16. CITY COUNCIL MATTERS
A. Vice Mayor Adams - None
B. Council Member Coy
Ms. Coy reminded everyone that Barber Street speed limit is 30 mph and we are
watching.
C. Council Member Hill - None
D. Council Member McPartlan - None
E. Mayor Gillmor - None
17. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 8:02 p.m.
Approved at the ___________________________, Regular Meeting.
By: __________________________________
Richard H. Gillmor, Mayor
ATTEST:
__________________________________
Sally A. Maio, MMC - City Clerk
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