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HomeMy WebLinkAbout05-27-2015 CC MinutesL SEBASTLAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING and COMMUNITY REDEVELOPMENT AGENCY MEETING MINUTES WEDNESDAY, MAY 27, 2015 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the meeting to order at 6:00 p.m. 2. Invocation was given by Pastor Karen Leedahl, Christ the King Lutheran Church. 3. The Pledge of Allegiance was led by Council Member Andrea Coy 4. ROLL CALL 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 Building Director, Wayne Eseltine City Engineer, Frank Watanabe 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 announced that item 6D Presentation by the Sebastian Art Club will be removed and placed on the next agenda. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS 15.102 A. Proclamation — Foster Care Month — & Treasure Coast Mayor Gillmor read and presented the proclamation to Ms. Kaiser, who said one half of all children removed from homes are in residential group homes, said we need foster families, and urged people to spread the word. She thanked Council Member McPartlan for all of his support to the program. Regular City Council Meeting May 27, 2015 Page Two 15.024 B. Certificate of Appreciation to Gary O'Hara — Citizens Budget Review Advisory Board Mr. O'Hara was not present at this time, however, he arrived later in the meeting and was presented with his certificate of appreciation at that time. 15.040 C. Certificates of Appreciation to Working Waterfront Committee Members Mayor Gillmor read and presented a certificate to Beth Mitchell, Executive Director of the Sebastian River Area Chamber of Commerce, and member of the Working Waterfront Committee. Ms. Mitchell said the Working Waterfront project is ongoing, thanked the Council for the number of years they were involved, and though it was challenging, she thought it would become the jewel of the waterfront. She noted that City Manager, Joe Griffin has not been recognized and deserved the most recognition and kept the lines of communication going and made the most impact. Mayor Gillmor read the list of the other members of the Committee who were unable to be here and thanked all them for getting this off the ground: Tim Adams, Commercial Fisherman; Vicki Christensen, Commercial Fisherwoman; John Conway, Business Owner in District; Sal Neglia, Lisanne Monier and Barbara Salmon, Residents -at -Large. 15.103 D. Presentation from Sebastian River Art Club to City of Sebastian This item was withdrawn and will be rescheduled for June 10th. E. Brief Announcements Mayor Gillmor announced the Chamber Concert in Riverview Park this Friday, May 29, 2015 from 5:30 pm to 8 pm. Ms. Coy said Monday's Memorial Day service was spectacular, and thanked City staff for all the upgrades and sound, and said the new flagpole is being installed. Mr. Hill announced that a magazine listing best communities to raise families in Florida rated three Indian River County municipalities and Sebastian was listed as number 10 in the State. Mayor Gillmor agreed that the Memorial Day service was the he had ever seen, and said we will need more seating. 7. Recess City Council Meeting and Convene as Community Redevelopment Agency Mayor Gillmor recessed the City Council meeting at 6:12 pm and immediately called to order the Community Redevelopment Agency meeting. City Council members, sitting as the CRA were all present. A. Approval of April 22, 2015 CRA Minutes MOTION by Ms. Coy and SECOND by Mr. Adams to approve passed on a Voice Vote of 5-0. 2 Regular City Council Meeting May 27, 2015 Page Three B. Waste Water Hookup Grant Application — Plans. Budget Account Summary) MOTION by Mr. Hill and SECOND by Ms. Coy to approve the grant application from Connie Oquist. Roll Call: Ayes: Gillmor, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0 Adjourn Community Redevelopment Agency Meeting and Reconvene as City Council Mayor Gillmor adjourned the CRA Meeting at 6:14 pm and immediately reconvened the City Council meeting. Ms. Coy asked the City Manager how much has been expended on sewer hookup grants and the City Manager said approximately $65K but $50K of that was for American Legion and VFW. Ms. Coy said that leaves money in the kitty for more grants. 9. CONSENT AGENDA A. Approval of Minutes — May 13, 2015 Regular Meeting 15.104 B. Resolution No. R-15-13 — National Aperture Airport Lease — First Amendment to Lease (Transmittal, Original Lease, R-15-13 with Attached First Amendment and Schedule B) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE SEBASTIAN MUNICIPAL AIRPORT; AUTHORIZING THE MODIFICATION OF OBLIGATIONS UNDER AN AIRPORT LEASE BETWEEN NATIONAL APERTURE, INC. AND THE CITY OF SEBASTIAN; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 15.105 C. Approve GFA International Agreement for Plan Review and Building Inspection Services as Needed — Piggyback Town of Jupiter Agreement — Appropriate $5520 Per Year from Building Department Reserve (Transmittal, GFA International Letter, Jupiter Agreement, GFA List of Contracts w/Government Agencies, Contract) MOTION by Mr. Hill and SECOND by Mayor Gillmor to approve. Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Gillmor Nays: None Passed: 5-0 10. 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. 15.024 A. Citizens Budget Review Advisory Board (Transmittal, Application, List) i. Announcement of Council Member Hill's Appointee Council Member Hill announced that his appointee for the remainder of his term to November 2016 will be Sergio Mota. Regular City Council Meeting May 27, 2015 Page Four 15.106 B. Parks and Recreation Committee (Transmittal, Applications, Ad, List) i. Interview. Unless Waived. The City Clerk advised that each current member (Matthew Sims and JoAnne White - regular members and Rosemary Flescher - alternate) holds the position for which they applied, have requested reappointment and there were no other applications. MOTION by Ms. Coy and SECOND by Mayor Gillmor to appoint all three folks who have been with us for a long time on the board to their same positions. Since there were no other nominations and no other applicants, there was no vote and the three members were reappointed. Mayor Gillmor thanked them for their service. 11. PUBLIC HEARINGS - None 12. UNFINISHED BUSINESS 15.041 A. Indian River County Lagoon Coalition (Transmittal. Coalition Interlocal Agreement) i. Approve Final IRC Lagoon Coalition Interlocal Agreement The City Manager said Vero Beach approved the Interlocal Agreement last week, and it was appropriate at this time to bring the approved Agreement before Council with Vero Beach's signature, noting that after press time he learned that Fellsmere had also approved it. He said, assuming approval, it is appropriate to appoint a Sebastian representative to the Coalition. Mayor Gillmor asked if the reference to Indian River Shores should be stricken, since they have opted out, and the City Attorney recommended not striking it, they won't be part since they have not executed it, but will always have the opportunity to come forward. Mr. Hill said he was in support of the Coalition, and for Indian River being represented, but asked the City Attorney what happens to the Coalition if the Lagoon Council does not give the Coalition a seat. The City Attorney said it would remain in existence until terminated in accordance with its terms. Mr. Hill said he did not see any sort of sunset provision and that concerns him, reading from the agreement paragraph six "Coalition Purpose. The purpose of the Coalition is to represent the interests of the Parties and the Indian River County area by participation on the IRL Council, upon approval of that body, through the Coalition's designated representative and to otherwise further the interests of the Parties in the restoration and protection of the Indian River Lagoon" and asked if the purpose of the Coalition is to get a seat on the Indian River Lagoon Council, what happens if the Council gives the Coalition a seat and then Indian River County decides to get involved. The City Attorney started to respond, and Mr. Hill said he thought the answer was that according to the Interlocal Agreement, if the County Commission joins the Council, the Coalition abandons its seat and tries to recoup the funds expended but there is still no sunset provision for the Coalition. The City Attorney said correct. 11 Regular City Council Meeting May 27, 2015 Page Five He reiterated he is not comfortable with no sunset provision because if we do not get on the Lagoon Council there will still be a Coalition. He suggested we either put in a sunset provision that if we do not get a seat, the Coalition sunsets, or after six months if we do not get a seat on the Lagoon Council, we sunset, or if Indian River County gets in then the Coalition sunsets. He asked the City Attorney how this could be better written into the agreement. Ms. Coy asked what if we don't sunset this, and asked what if the County comes in and we want to keep discussing it in our own best interest, because we are the ones who initiated it, and keep the option that we continue to talk. Mr. Hill said that is a different subject if municipalities want to create another coalition to deal with the lagoon, than creating a Coalition to try to get a seat on the Lagoon Council, and we cannot create something under the guise of getting a seat and then sit out there as something completely different. Mayor Gillmor said his point was well taken, but this agreement does not allow this Coalition to tax anyone, or do anything but get together and talk about the lagoon and try to fix what is wrong with it, and initially the push is to try to get a seat to have some input. He said there will be lots of tax money spent, $1.6M next year, and for Indian River County not to have a voice in how its spent is why we are doing this. He said he can't see anything changing with the makeup of the County Commission until 2016, and if the County wants to then put up money to get the seat, then we back off and the County takes the seat, that would be the proper time for discussion as to do we still want to meet or just go to our County Commissioners to tell them our feelings. Mr. Hill said he had serious problems with that because four out of the five municipalities have passed this for the purpose of getting a seat, and if you wanted to create this for some other purpose, this is a creation of a bureaucracy, and passing this under the guise of getting a seat and then continuing it if we don't get that seat is sort of shady. Mayor Gillmor said he would take issue with him calling it a bureaucracy because no one up here wants to sit on another committee, nor will he sit on a committee if there is no purpose. Mr. Hill said then put that in the document because if the founding document doesn't have that in there, then it's not going to happen. Mayor Gillmor noted the founding document for the Lagoon Council has a sunset provision, said he would be happy to address it at another date, but for this to go back to the other cities to approve the change by putting in a sunset clause, he thought we had spent too much time on this. Mr. Hill asked if this had to go to the other municipalities for approval of a sunset clause, and the City Attorney responded he could write a sunset provision such as Mr. Hill described without the necessity of going back to everybody. He said they would have the option of signing on if they wished and then have it apply to them. Mayor Gillmor asked Mr. Hill if his concern is for our City and Mr. Hill responded of course, but he had thought there would be a provision that if there was no need for this Coalition, because the purpose was the seat, then there would be no need. Ms. Coy said we are not approving a committee but an Interlocal Agreement that creates a committee. She said we are agreeing with three of our neighbors in an Interlocal Agreement. Mr. Hill finished, that creates a board. Ms. Coy said that creates a seat, and said she would argue that if in three or four months and we get the seat, then Indian River County says they Regular City Council Meeting May 27, 2015 Page Six changed their minds, she does not want it to say we are just going to throw up our hands and say "have a nice time, thank you" She said she was not happy they did not join, but respected it because it was their choice. Mayor Gillmor said it came up three times for them and then went down. He said we are trying to do the right thing for our City and for Indian River County and he had no problem with a sunset, but we can't bind other communities. Ms. Coy asked the City Attorney if Council as a group could say that we no longer wish to participate in the Interlocal Agreement. The City Attorney responded yes, though not a sunset provision like Mr. Hill is talking about, but paragraph four of the Interlocal Agreement states you can give 60 days' notice and you can withdraw which requires action of some sort but a sunset provision would not. The City Attorney said he was not sure if that was sufficient for Mr. Hill's purpose. Mr. Hill said it was not, and this discussion has nothing to do with what he was talking about. He said he knows if Indian River County smartens up and gets a representative on there we will remove our representative on the Lagoon Council, which is clear in the document under Section 12, so we're off it and we are never on it if the Council refuses to give us a seat. Ms. Coy asked him why did he need anything else, and Mr. Hill said because we are creating a committee to get a seat on the Council and if that doesn't happen, then the purpose of the Coalition doesn't exist, so he is asking for a sunset provision if we don't get this or in six months or in one year, because the only purpose is under paragraph six. Mayor Gillmor said let's operate under Roberts Rules, the Attorney said he can do this, so put it in the form of a motion and get a second. The City Attorney asked if his sunset is six months and Mr. Hill said he would make it a vear. The City Attorney recommended that we can do it for ourselves, without imposing it on others, but others can sign on if they wish. He cited paragraph thirteen of the Agreement. 13. Complete Agreement; Amendments; Counterparts. This Agreement constitutes the full, complete and wholly independent agreement among the Parties. No subsequent alteration, amendment, change, or addition to this Agreement will be binding on the Parties unless in writing and signed by them and made a part of this Agreement by direct reference. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all which together will constitute one and the same instrument. The City Attorney stated the amendment will say "This amendment shall be applicable and binding upon the signatories hereto, that is this particular amendment. Sunset. This Agreement, the Indian River County Lagoon Coalition Agreement, what's on your agenda now, shall terminate one year from today's date, unless extended by the City Council of the signatory hereto prior to that date." He said that mirrors the kind of sunset provisions we have for some advisory boards we have created. MOTION by Mr. Hill and SECOND by Mr. Adams to approve such as that. Mayor Gillmor called for public input and there was none. Regular City Council Meeting May 27, 2015 Page Seven Mr. McPartlan said he looked at the document and we are all acting in good faith up here, we are trying to keep it as simple as possible, adding that language adds another page to the document, and it is perfectly good as it is. He said if it turns into a boondoggle and three of us agree we come back and say we want out of it. Ms. Coy agreed we go back to paragraph four and just give notice and we are done. Mr. McPartlan said just leave it the way it is and Mayor Gillmor said it is just another item to remember to put on an agenda a year from now. Mr. Hill said it would only be necessary if we weren't on the board, which is the purpose of the committee. Mayor Gillmor called for roll call. Roll Call: Ayes: Hill, Adam Nays: Coy, McPartlan, Gillmor Failed 2-3 MOTION by Mayor Gillmor and SECOND by Mr. McPartlan to approve the way it is. Mayor Gillmor called for public input and there was none. Roll Call: Ayes: McPartlan, Gillmor, Adams, Coy Nays: Hill Passed: 4-1 MOTION by Mr. McPartlan and SECOND by Ms. Coy for Mayor Richard Gillmor to go. Mayor Gillmor called for public input and there was none. Since there were no other nominations Mayor Gillmor was appointed. Mayor Gillmor said there will be a meeting of the Indian River Coalition next Wednesday, June 3 at 3 pm here in Sebastian Chambers, it will be publicly noticed, to formally vote to request a seat, and the public and press are invited. 15.078 B. Drainage Ditch Cleaning Update (Transmittal. PP Presentation Under Separate Cover The City Attorney gave a Power Point presentation (see attached) on components of the comprehensive drainage ditch cleaning program implemented last year due to heavy rains and flooding, noting quarter round installations had been frozen temporarily, and described their planned strategy to hit the over 90 miles of City ditches with new equipment purchases including a new high tech vac truck to be received next week, contracting with a company to assist PW with cleaning out the ditches in areas of the City with Public Works crews taking care of other areas, implementation of a City hot-line, and reorganization of the Public Works Department. Ms. Coy asked what this does to the quarter round, and Mr. Watanabe it should be able to proceed in 2017. The City Manager said that is a moving target, but first we have to get control of the ditches because if we don't, the quarter round won't work. Ms. Coy said she has been promised and promised quarter round and she is promised out, is hearing from people that they were promised target dates, said she needs a new driveway and if she puts it in and water sits there she is going to be really mad, said she is really upset and personally feeling the angst of others, said drainage ditch cleaning does not affect her at all in her area because they were always done. She said we are neglecting people who have been waiting and will have to get on the phone and call the City every day. She said when it rains she has to put boots on to get her mail and put out trash. Regular City Council Meeting May 27, 2015 Page Eight The City Engineer said he understood the situation with the quarter round but if we don't clean out main line ditches, the water will back up. Ms. Coy said she had been promised so much she didn't believe staff anymore and when others say that to her, asked what is she to say to them. Mayor Gillmor said all it takes is money and budgeting for it. Ms. Coy said she invites people to come see her house. The City Engineer said if streets stay under water we will lose streets and then are talking larger dollars. Ms. Coy said she has needed a new driveway and invited him to come see the asphalt on her street, and we need to keep our promises. She said we need to budget to keep our promises to the public. The City Engineer said there are 415 miles of City streets x 2 is the amount of quarter round we need and we are only'/4 of the way there. Ms. Coy said she will be calling the City. Mr. McPartlan said cleaning ditches is like bypass surgery, and the ditches were not taken care of for years and deteriorated, discussed sinkholes and streets collapsing from flooding, said ditches are an important part of the process. He said maybe we need to add some more for the quarter round, but the ditches are the most important component. Mayor Gillmor said we are so much ahead of where we were ten years ago, when the hurricanes came through, and are doing so much better when other cities have had flooding. He said we have done a good job, but it is a constant battle. Ms. Coy said this Council took responsibility nine years ago, when people were being told when they called Public Works that it was their problem, but we keep moving targets for people and we have different people watching the system now. She said she is tired of moving targets and putting boots on. 13. PUBLIC INPUT 14. 15.107 Robin Donahay, Quarry Lane, Sebastian, said she and her husband appeared last year to oppose disc golf at the Stormwater Park, and read from a prepared statement outlining her objections including conditions of the SJRWMD Management Agreement with the City for use of the park, she and her husband's concerns about endangered species and the effect on them, noting someone is marking gopher tortoise mounds with pink, impacts in general from disc golf, the fact that most facilities are connected to existing parks with restrooms and parking, that this use is not appropriate according to the land management plan. She suggested other parks such as the North County complex or Hobart Park. She said SJRWMD has already said no and asked what the process is for the current request and how is it going. Mr. Hill said Gary O'Hara had arrived and Mayor Gillmor invited him to the podium and presented him with his certification of appreciation. Pace) The City Clerk said this will assist in finalizing the Council's proposed budget Goals and Objectives page. Regular City Council Meeting May 27, 2015 Page Nine Mayor Gillmor All goals should revolve around protecting OL and our unique Sebastian lifestyle, and base considering will degrade or improve our City. r riverfront, safeguarding our neighborhoods, all of our decisions on whether what we are 1) Public Safety — continued excellence of our Police Department and kudos to them because we are the only department that had a decrease in crime on the Treasure Coast and by almost 4% from last year which points to excellent police work and show of force and community involvement and kudos to our citizens for not being criminals 2) Water quality, protecting the lagoon and storm water management 3) CRA enhancements 4) Code revisions 5) Protecting our DNA — Sebastian is such a wonderful place to live because you can go anywhere in five to ten minutes — protecting the connectivity that makes us special — protect that through industrial or commercial or land use programs Vice Mayor Adams Protecting the lagoon including the oyster mat program, storm water and making sure we have proper drainage with baffle boxes and making sure the lagoon is there for those whose livelihood depends on it and for our kids growing up in the future Council Member Hill Said Council and staff do a good job going through priorities on a regular basis and was pleased with staff and our direction and understand that although the economy is picking up we should remember that there are still Moms and Dads trying to figure out how to pay all the bills feed their families and consider this in the budget process — said he enjoys working with Council and all keep an mind to each other's ideas Council Member McPartlan 1) The City Manager does a great job and his leadership speaks volumes and overall municipal service delivery, noting the hotline is doing well and numbers are going way down and problems are being dealt with 2) Customer service delivery by our employees and PD is Al and a lot grows out of that 3) Balancing the budget 4) Public safety stating we have a fantastic Police Department because they look at ways to solve problems and are not reactionary, are out there teaching, working with youth, said he works closely with Michelle on other projects 5) Roads and paving are important 6) Storm water, ditches and swales and the lagoon and getting most bang for the buck 7) Address speeding problems — has worked with City Manager and City Engineer on methods to slow down traffic, not speed bumps but other methods because law enforcement can't be everywhere, noting the City Engineer did his doctorate or masters in speed reduction and ways to proactively reduce speed limits Council Member Coy More ditch and storm water money which goes hand in hand with the lagoon Roads Public Safety which is our number one job and we've asked them to do more with less and if there is a way to recoup some positions they have lost over the years at the PD Continue to budget for sewer connectivity because the Lagoon is a huge priority W Regular City Council Meeting May 27, 2015 Page Nine 15. 16. 17 19. She asked if all the baffle boxes were in and he reported the City Engineer says six more need to be funded. She said over time things have gotten a lot better and her phone rings a lot less and the City Manager's phone rings more and he can get it done so the system is working. CITY ATTORNEY MATTERS The City Attorney said we received the releases from the plaintiffs in the Fisherman's Landing case. CITY MANAGER MATTERS The City Manager said the Memorial Day ceremony was seen at the Veterans Memorial and gave a special shout everything in place and equipment worked well. He gave called him today and was supposed to be here for the presentation, noted he was a City Councilman and Vice issues and hopes he is on the mend. CITY CLERK MATTERS - None 18. CITY COUNCIL MATTERS the best attended event he had out to City employees who had a shout out to Sal Neglia who Working Waterfront Committee Mayor and has some medical A. Council Member Coy - None B. Council Member Hill - None C. Council Member McPartlan Mr. McPartlan asked when the Skateboard Park would be operable and the City Manager said maybe early July but he would get back to him. D. Mayor Gillmor - None E. Vice Mayor Adams - None Being no further business, Mayor Gillmor adjourned the Regular Meeting at 7:23 p.m. Regular Meeting. 10 aA C6 4- 0 a--+ Q D c Co Ln ca r--1 O fB N i LL >- cu m � ,'j r ry 1 :a j ND N r • c 4-j r) a oo L .1- -i— A'o ik" E 0 I n ^.tea•.,. I j1 1 I 0 9 .a • s 11 ' i A f rwt '1 v v • Contractor cleaning the rear and side drainage ditches in the northern section • Continue existing PW crew cleaning ditches in the southern section. • June 2015 deploy 2nd PW crew into the ditches in northern operation. • In heavy rains, deploy 3rd PW crew into the ditch cleaning citywide. • Anticipate another year of citywide ditch cleaning