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HomeMy WebLinkAbout02-25-2015 CC Minuteson ca HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, FEBRUARY 25, 2015 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the Regular Meeting to order at 6:30 pm. Invocation was given by Pastor Grant Foster, Riverside Church. The Pledge of Allegiance was led by Vice Mayor Jerome Adams. 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 Administrative Services Director, Ken Killgore Golf Course Director, Greg Gardner Parks Superintendent, Chris McCarthy Police Commander, John Blackledge E -Records & Information Manager, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 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 Mayor Gillmor read and presented the proclamation to Brian McCandless who then gave a brief Power Point and video presentation on his planned Brian's Team ride across the United States from San Francisco, California to Annapolis, Maryland to raise funds and awareness of cystic fibrosis. February 25, 2015 Regular City Council Meeting Page Two 15.043 B. Proclamation - National Invasive Species Awareness Week — Nature Stewardship Society Volunteer Mayor Gillmor read and presented the proclamation to Karen Schuster, who then gave a brief presentation on the need for awareness of invasive species. 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 to3pm • Saturday 3/14/15 — Pelican Island Wildlife Festival in Riverview Park —10 am Mayor Gillmor read the above listed announcements. Vice Mayor Adams announced the Environmental Learning Center EcoFest on March 1s' from 11 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. 8-16 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) February 25, 2015 Regular City Council Meeting Page Three 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) 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 None. 9. PUBLIC HEARINGS (Legislative) 15.033 A. Second Reading and Public Hearing - Ordinance No. 0-15-01 — Police Pension 125-168 Fund (Transmittal, 0-15-01, Actuarial Opinion) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING AND RESTATING CHAPTER 58, LAW ENFORCEMENT, ARTICLE III, POLICE OFFICERS' RETIREMENT SYSTEM, SECTIONS 5846 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. The City Attorney read Ordinance No. 0-15-01 by title, and Mayor Gillmor opened the public hearing at 6:50 pm. The Administrative Services Director stated a formal report from the actuary was provided showing no impact and actually saves the City money, and supported approval of the ordinance. February 25, 2015 Regular City Council Meeting Page Four Mayor Gillmor called for public input and there was none. The City Manager recommended approval. MOTION by Ms. Coy and SECOND by Mr. Adams to approve Ordinance No. 0-15-01. Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Gillmor Nays: None Passed: 5-0 10. UNFINISHED BUSINESS Mayor Gillmor reported that the Indian River Lagoon Council will conduct their first official meeting on March 4, 2015 in Palm Bay, and he would attend with City Council's marching orders. He said he has talked to the Mayors of most of the Indian River County municipalities and that Fellsmere and Vero Beach are on board, Orchid he was not sure, and has a call into Indian River Shores. Ms. Coy said he saw an email from Fellsmere City Manager Jason Nunemaker to Council and it looks there will be participation from Fellsmere, and asked if it had gone to Council. The City Manager reported on his meeting with all the City Managers yesterday and said they are encouraging Councils to participate. He said that based on their participation the funding for the position will be worked out. Mayor Gillmor said it looks like it will be an interlocal agreement with the cities that choose to participate. 11. PUBLIC INPUT None. 12. NEW BUSINESS 15.051/14.123 A. 169-178 The City Manager gave a brief history on how this evolved before Council and Planning & Zoning, said this will provide parking spaces in the splash pad area, is the last step in the process and recommended approval. MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve. Mr. Adams said that last time Council addressed this he had objections because of removal of green space, but this plan will retain our trees, that the parking spaces going in will be taking out the earth we need for percolation, and is still a little concerned but looking forward it seems a good situation for both parties, is a good trade-off and everybody benefits. Mayor Gillmor said the City gains parking, we have interconnectivity, so this will be win-win Roll Call: Ayes: Coy, Hill, McPartlan, Gillmor, Adams Nays: None Passed: 5-0 4 February 25, 2015 Regular City Council Meeting Page Five 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. The City Attorney read Resolution No. R-15-04 by title, and the City Manager said this resolution was initiated by the City Attorney at the request of Vice Mayor Adams. Mr. Adams said this was originally brought up by Ms. Coy and he is totally in agreement, that we need more participation from youth because they will eventually run our City. He said he made contact with the Middle and High Schools, and after speaking with representatives there we formulated this idea for a Youth Advisory Council to see what they envision for City programs and making the City a better place for everyone. He said it will be beneficial to the City to get their perspective and they may come up with brilliant ideas. MOTION by Mr. Adams and SECOND by Mayor Gillmor to approve Resolution R-15-04. Mr. McPartlan asked if there is a way to do this more informally, noting minutes will have to be done by staff, and neighborhood meetings of the committee in Section 13 will have to be facilitated by staff. He asked if they will have to have staff maintain minutes of those meetings. Ms. Coy said Officer Penn from the Police Department currently works with youth and is very interested in helping out with something like this, and she may be willing to assist with the neighborhood meetings. The City Attorney said they won't need to keep minutes because those would not be meetings, said this Youth Council would be subject to the sunshine law and public records law, something new to them because of the way they communicate today, and as long as two of their members are not together doing something there would not be an issue. Mr. Hill said at their quarterly meetings, those would require minutes, and the City Attorney agreed and agreed staff would have to be involved in those. Mr. Hill said perhaps they could meet on an afternoon between 3 and 4 pm when a Council meeting will take place, noting he would not want them to have to meet more than quarterly, it will require staff time and all of the Youth Council members would have to have serious talking to by the City Attorney on the sunshine law. The City Attorney said it is his intention to be at the first meeting. Mr. McPartlan asked if their parents have to sign for them and the City Attorney responded this would be a school activity and thought the parents would have to, noting the school principal or assistant principal would make recommendations to Council for the people who should be appointed. Ms. Coy asked if approval would be needed for televising purposes. Mayor Gillmor stated quarterly would be a good idea, as well as approval for televising. Mayor Gillmor said Florida League of Cities has a lot of information for them to use, and Ms. Coy said the goal is to have them work toward projects they could take to the League level. February 25, 2015 Regular City Council Meeting Page Six Mr. Hill said it would be an outstanding extension of this body to reach out to the schools and bring them in to our Chambers to give them a sense of responsibility in the community. Roll Call: Ayes: Hill, McPartlan, Gillmor, Adams, Coy Nays: None Passed: 5-0 15.053 C. First Reading of Ordinance No. 0-15-04 — Repealing Sec. 74-33 - Establishing Golf 183 193 Course Rates —Set T Readino and Public Hearing for March 25. 2015 (Transmitta 0-15-04) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING SECTION 7433 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. The City Attorney read Ordinance No. 0-15-04 by title and the City Manager gave a brief explanation for bringing the ordinance forward, stating that the process of setting varying rates by resolution is cumbersome as set out in the Code, the Golf Course should be run as the profit center and enterprise that it is by giving authority to the Golf Course Manager to set rates. He said another issue that concerned him was the discriminatory nature of the resident/non-resident rate structure and would like it changed to be the same, and asked for Council to favorably consider the ordinance. MOTION by Mr. Hill and SECOND by Mr. McPartlan to approve 0-15-04. Mr. Adams asked, regarding rates for residents and non-residents, how this change would affect the current non-resident members. The City Manager responded that they will try to implement this change by October 1 �', he would get with Greg and try to work it out in the next couple of months to implement it in a structured way so that it is fair to everyone. Mr. Adams asked the City Attorney that by merely striking the section 74-33 that requires rate setting by resolution, is it enough to give the Golf Course Director authority to set rates by himself or in conjunction with the City Manager or should there be new wording in there. The City Attorney noted Section 74-32 and stated that provision is enough to do this, and is sufficient for our purposes. Mayor Gillmor said the Greens Committee has talked about this and having more members is better for revenue flow, he sees this resolution setting as like a handcuff for the Director, noting the golf course business is very competitive, in the winter you don't need to attract play but in the spring or summer you need to bring in more play. He said we can put out an email blast to get players and compete with other courses and this gives more flexibility to do that. Mr. Hill said he supports the resolution, sees golf courses every day and sees the competitiveness. He said Council needs to have a discussion going forward about the Golf Course employee rate policy and figure out what defines an employee, noting some were concerned it was shady. He said every City employee should receive the rate. February 25, 2015 Regular City Council Meeting Page Seven The City Manager said we have an employee rate established two or three years ago, active employee and retired employees here eight to ten years got $5 nine holes and $10 for 18 holes. Ms. Coy said that is news to her. Mr. Hill said the retired employees are those here ten or more years, with stipulations based on activity. Mayor Gillmor said it was originally $5 for 18 holes and it went from $5 to $10. The City Manager said it is like a standby rate. Mayor Gillmor said there was a City league that used to play during the summer, fell by the wayside and he would like to see it come back because it is a revenue source. Mr. Adams asked if this included part-time employees. (review of the 2013 policy shows it is full-time employees). Ms. Coy said she had no idea we went back to that. Mr. Hill said it was done in writing that Council passed. Roll Call: Ayes: McPartlan, Gillmor, Adams, Coy, Hill Nays: None Passed: 5-0 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS The City Manager said the Honda Classic is at PGA National through Sunday is extending free admission to veterans and anyone can go to donniea(&consultvistra.com for information. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Vice Mayor Adams Mr. Adams thanked Council for supporting the Youth Advisory Council, he will be working with them to get them off and running and hopefully it will be productive. B. Council Member Cov None. C. Council Member Hill None. D. Council Member McPartlan Mr. McPartlan announced Lauren's Walk on April 3rd arriving at Riverview Park to bring awareness of victims of child abuse and requested a proclamation. E. Mayor Gillmor Mayor Gillmor advised he had talked to the City Manager and Mr. Watanabe about paving the Cavcorp lot without all the amenities, said stormwater calculations have already been done by Mr. Watanabe, cited several different numbers that he was given by staff in his discussions, and suggested putting discussion of this on a future agenda. 17. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 7:25 pm. Approved at/ M ch 11, 2 5 Re r Meeting. V Sally A. Maio, MMC - 7