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HomeMy WebLinkAbout08-26-2015 CC MinutescnyOF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, AUGUST 26, 2015 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the Regular Meeting to order at 6:00 p.m. 2. Invocation was given by Mayor Richard Gillmor. 3. The Pledge of Allegiance was led by Council Member Hill. 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 Attorney, Robert Ginsburg City Clerk, Sally Maio Administrative Services Director, Ken Killgore City Engineer, Frank Watanabe Golf Course Director, Greg Gardner Police Chief, Michelle Morris Police Commander, John Blackledge 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mayor Gillmor announced that consent agenda item 7E has been requested to be withdrawn by the tenant. Consensus of Council to remove. 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. 15.134 A. Proclamation — Constitution Week September 17-23. 2015 — Accepted by Treasure Coast DAR and CAR Chapters — Holly Hamilton Mayor Gillmor read and presented the proclamation to Karen Bauer, Treasure Coast Daughters of the American Revolution. Ms. Bauer addressed the audience on the meaning of Constitution Week. Regular City Council Meeting August 26, 2015 Page Two 15.135 B. Cindy Weber Alves, Substance Abuse Council - SAFIR - Friday Night Done Richt Ms. Alves gave a Power Point presentation (see attached) on the Substance Awareness Center of Indian River County coalition program called SAFIR (Substance Abuse Free Indian River County), a coalition of business members, community members and parents in the community, who have come together to make Indian River County a safer and healthier place to live for our students. She said they are gearing up in Vero Beach right now, connecting with middle schools and high schools, presented at the Youth Advisory Council, and are promoting an event called "Friday Night Done Right' an intervention for a safer way to tailgate instead of with drugs and underage drinking. She provided flyers for everyone. C. Brief Announcements September 11, 2015 - Patriot Day Remembrance of 9/11 at Veterans Memorial in Riverview Park - 8:43 am Mayor Gillmor read the above announcement. Mayor Gillmor said in regard to the request for membership on the Indian River Lagoon Council, Martin County has approved, but he was unsure of the others, and may know more at the September 4fl' IRL Council meeting. 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 - August 12, 2015 Regular Meeting 15.136 B. Debris Monitoring - Contract Extension with Neel -Schaffer, Inc. through October 31, 2016 (Transmittal, Amendment to Agreement, Contract) 15.137 C. Award Sebastian Municipal Golf Course Restroom Remodel Contract to Kerns Construction in the Amount of $84,215 - Approve Additional Appropriation of $4,215.00 and Authorize City Manager to Execute the Contract (Transmittal, Bid Tabulation Sheet, Kerns' Bid, Construction Services Agreement) 15.138 D. Approve Road Closure for 7t' Annual Sebastian River Middle School IB Program Cowboy River Run 5K Run - Saturday, October 31, 2015 on Indian River Drive from 6:30 am to 9:30 am (Transmittal, Park Use Permit Application and Receipt) during Agenda Modifications 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 2 Regular City Council Meeting August 26, 2015 Page Three 8. COMMITTEE REPORTS & APPOINTMENTS 15.018 A. Natural Resources Board (Transmittal, Applications, Ad, List) L Interview, Unless Waived and Submit Nominations for One Regular Member Position with Term to Expire July 1, 2016 ii. Interview, Unless Waived and Submit Nominations for One Alternate Member Position with Term to Expire July 1, 2018 The City Clerk said Mr. Krull withdrew his application Monday, leaving current alternate member Jim Clifton and Keerthi Weragoda for the one regular member and one alternate member position. MOTION by Mr. Hill and SECOND by Ms. Coy to appoint Mr. Clifton to regular member and Mr. Weragoda to alternate member. Ms. Coy suggested inviting Mr. Weragoda to the podium. Mr. Weragoda introduced himself and gave a brief background. The City Clerk noted Mr. Clifton was in attendance. Mr. Clifton and Mr. Weragoda were appointed to regular and alternate by consensus. Mayor Gillmor said we are blessed with qualified applicants. 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS 15.139 A. All Aboard Florida Update — Review and Comment to Letter to Federal Rail Administration Re: All Aboard Florida (AAF) Final Environmental Impact Statement (EIS) (Letter, Pole Mounted Horn Locations) Frank Watanabe gave a brief presentation highlighting the inventory, identification, calculations and submission of notice of intent for grants for Sebastian quiet zones from June 2014 to August 2015. (see summary attached). Ms. Coy said MPO had tried to encourage the County to look at quiet zones, noted the City had submitted its notice of intent, and then discussed her dismay at inaccurate news reports on WPTV Channel 5 and TC Palm/Press Journal which stated that no Treasure Coast agencies are getting quiet zones. She said she contacted both and to their credit, Channel 5 corrected their story, but that she had left messages for TC Palm article author Lisa Broadt, Larry Reisman and newspaper owner, Mr. Brunjes. She said she received a call back from Arnie Rosenberg, TC Palm Editor from Stuart, and when she told him the article was incorrect, he disagreed with her, and told her talk is cheap, so she asked him to call the City Manager and his only concern that day was being right. She said she has canceled her subscription to the Press Journal, since they can't take the time to get a story right. Regular City Council Meeting August 26, 2015 Page Four Mayor Gillmor asked her to add that this is Ms. Coy's personal opinion about the Press Journal and not the policy of City of Sebastian. Ms. Coy stated it is her opinion only and she is tired of correcting their stories, and getting phone calls. Mr. Killgore asked for a motion to have the Mayor send the response letter to FRA and AAF. MOTION by Mayor Gillmor and SECOND by Mr. Hill to have the Mayor sign the letter. Roll Call: Ayes: Coy, Hill, McPartlan, Gillmor, Adams, Nays: None Passed: 5-0 15.021 B. Seawall Enqineerinq Assessment — Coved, Attachment 2 COS Seawall Assessment PP Presentation) Doug Norman, Hoyle Tanner, introduced Wilbur Mathurin, Project Manager, and said it has been a pleasure working with City staff who were very accommodating. Wilbur Mathurin, Project Manager, gave a Power Point presentation and reviewed the assessment findings (see PP presentation attached. He cited the approximately 6.5 miles of canal abutting 602 homes, which is 61,000 linear feet on both sides of the canal, the different types of materials used for the seawalls, described the four major types of failure including cracking, joint separation, tipping and toe and berm, cited their rating system of 1- 10 with 10 being the best which shows 5% are in poor condition and 3% are in failing condition and 92% of the walls are fair or better. He said two parcels are listed as failing and the seawall is on private property. He provided three remedial options: 1) new seawall built in front of the existing seawall with no permitting associated with DEP or SJRWMD, 2) remove the existing wall and replace with new seawall which would have DEP permitting but not SJRWMD, and 3) leave seawall in place, dredge the canal, and refill over the existing wall and build slope and sod. Mayor Gillmor asked if option 3 would be in play if we were to collapse the wall and entomb it, and Mr. Mathurin responded this option would have no DEP permitting but would have SJRWMD permitting, because if you drop the wall or leave the wall in place, you are filling in some of the waterway, so SJRWMD wants to be sure your hydraulics are okay and you are not impacting any wetlands or any habitat that needs mitigation. Mr. Mathurin continued explaining proposed linear foot costs for each of the three options for years 2017 out to 2035 (see slide). In response to Mayor Gillmor, Mr. Mathurin said they did not look at the seawalls on the north side of 512, only the south side seawalls. Mayor Gillmor expressed concern for statements made that vinyl used on the last project would have a 50 year life expectancy, but sees here 15-20 years. Mr. Hill expressed his appreciation for the report and for staffs interaction with the consultants, and said potentially option four is repairing the walls as they fail, and asked how many have failed at this time. Mr. Mathurin said twelve. Mr. Hill said he wondered if it wouldn't make more sense to make repairs as we go along, and this should be discussed, what would it cost to make those repairs. Regular City Council Meeting August 26, 2015 Page Five Mr. Mathurin said some walls look like they had repairs maybe done by homeowners, were patched and seemed to be holding in place. Mr. Hill said he would assume that some of the problem may be that they were put in by property owners such as the wooden bulk heads. He asked Mr. Mathurin if the numbers he showed would have the City encasing the 37% of bulkheads that are already sodded, and Mr. Mathurin said he anticipates no repairs on those so the number of properties with seawalls drops to 406. Mr. Hill said then we are talking about 60% to do repairs on and of that 60%, 12 are failed and need repair, and though he understands there will be issues of whether or not the property owner owns it, it makes sense rather than put the City on the hook for $15M over the next fifteen years, that we look at another option repairing twelve and then in another five years repairing another twelve. He reiterated it doesn't look like we need to completely reconstruct all the walls. Mr. Mathurin agreed with that, and said a new wall would be about $400 per linear foot but repairs on damaged walls could be about half that. Mr. Hill said he knows that there are issues we have to deal with internally going forward on whose wall it is, whose gets paid versus whose doesn't get paid, but it makes sense for Council to get numbers on individual repairs, and whether that would be a good way to go forward over the next twenty to thirty years. He said it seems like we are in pretty good shape with only twelve that need repairs now, and $15M is big numbers. He said it will be staffs job to provide a less expensive process, and look at less expensive options. Mr. Watanabe said the permitting agencies do not get involved in repairs on each individual property owner repair, even if there is asbestos, because it is too small, but if it becomes a City project, they will get involved. He said he told them that if a wall were to collapse right now, his suggestion would be to fill it in and slope it and they said perfect. Mayor Gillmor said he listened to the debates by Council ten years ago with seawalls north of 512, and to his way of thinking if we do anything, the walls will fail eventually, and won't last forever, and then we will have this conversation again. He said 40% of the canal system doesn't have seawalls, but rather gently sloping bank which makes all the sense in the world and he thinks we should allow the banks that fail to fall down and entomb them in dirt and do some wetland mitigation, noting the Hardee Park wetlands mitigation is thriving, and treats our stormwater. He said our stormwater goes into our swales, ditches, some is treated, some goes to outfalls and into canals and ultimately to the river, and the canal system is an integral part of the stormwater system and part of everyone's concern, so we kind of own it. He said if we go back and look there were some walls on private property on the north side project. He said he would like to get a unified vision on what happens when a wall fails, but let's not put a wall in that is going to fail again. Mr. Hill said it is important to get as much staff input on this as possible. Ms. Coy said there are two clusters on the map where the six failures are on Bailey Drive and Schumann and then George Street, and asked what is making them serious. Doug Norman, Hoyle, Tanner, said some of the homeowners have planted palm trees two feet from the seawall and have sprinkler heads right up against the seawall which has contributed to the some of the failures. He said for them to assess why these six homes are clustered, he did not think there is any secret reason. Ms. Coy said she just wondered if there was something beyond our control, something like a water pattern and not the Regular City Council Meeting August 26, 2015 Page Six property owners' fault that is causing it, and finds it interesting that they are clustered. Mr. Norman noted that some of the homes are elevated eight to nine feet above the seawalls and pressure could be a factor. Mr. Hill said it seems to him with only twelve failures, discussion about replacing the entire thing should be over, and rather going forward and doing repairs and let staff work out logistics of whose responsibility it is. He said he is not close to voting any approval on a $15M repair when we have only twelve walls that are failing. Ms. Coy said she was sure we would hear from the public. Mr. Adams asked for clarification on the numbers for the three options, did it represent the twelve or the entire system. Mr. Mathurin said the entire system, but if you wanted to do the twelve, you would take the linear feet for each property, each being 80 to 100 feet wide, and multiply by the $400 or whatever option you choose. He said the 2017 numbers for the three options would be the total number for the twelve failing properties. Mayor Gillmor called for public input and there was none. Mayor Gillmor said we should request that staff come up with some grant options for sudden failures in 2017 as well as a unified program going forward deciding which one of these options are we going to do, because he could see a mish mash of different options as councils change and there ought to be a unified vision of what this should look like down the road. Mr. Hill agreed and said he would also like to see if there was a 90/10 or 80/20 grant match to go forward for the entire thing, it would be foolish not to look at that. Mr. Watanabe said the only grants available right now are for water quality grants like a Section 319 or TMDL grant. SJRWMD has a 50/50 grant for drainage/seawalls and we just received an award for one project this year, so we can apply for this project as a 50/50. Mayor Gillmor said he did not think we needed a motion just direction for staff to come back to us. Ms. Coy said this needs a lot more discussion, based on the last project, there will be a lot of discussion, and was surprised there was no one here tonight. She said we need to do the best we can for everyone, and again said she was concerned about the cluster areas. Ben Hocker, asked why taxpayers would pay for seawalls on twelve homes where the seawalls are located on private property. Mayor Gillmor said it was stated that only two of the seawalls in need of repair are on private property. Mr. Hocker said it would be his responsibility to maintain a bulkhead on his private property, so why are we reaching into his pocket. He suggested putting in an three eight foot diameter pipe down the canal and putting a road on top. 11. PUBLIC INPUT Mr. Hocker said we are working on Cavcorp, over the last three weekends there have been over 60 trailers parked there and we are planning to put in 35 spots, and asked if there was Regular City Council Meeting August 26, 2015 Page Seven any way to use the area near the two docks at the southern end, move the boat ramp and use that area for boat trailer parking, otherwise people will have to use the overflow parking area and have a hard time walking back to the ramp. He suggested there could be more trailer parking than is planned for Cavcorp, when there is no function on a typical weekend. Ike Heckler, Jr. spoke to Council on a proposed Spacecoast Winners Circle public/private project to include a residential and multi -use sports complex planned for southern Brevard (see distributed flyer attached), which was recently before Palm Bay City Council. 12. NEW BUSINESS 15.026 A. Resolution No. R-15-22 - 3rd Quarter Budget Amendment (Transmittal, R-15-22, Exhibit "A". Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-15-22 by title. MOTION by Mr. Hill and SECOND by Mr. McPartlan to approve R-15-22. Roll Call: Ayes: Hill, McPartlan, Gillmor, Adams, Coy Nays: None Passed: 5-0 15.140 B. Indian River Countv Legislative Delegation — 2016 Legislative Session — (Transmittal. Press Release, Instructions, Form, Rep. Mayfield Letter) Mayor Gillmor read from last year's submittal which included help for the Indian River Lagoon, All Aboard Florida, septic to sewer connections and oyster beds, noting there was no help on any of it. Mr. Hill said all of it is still pertinent today and we can keep beating that drum until we get some action. Ms. Coy said we should focus with AAF on our City goals of corridor safety and quad gates for all of our intersections and that we need help from the State and AAF and should not tax our citizens. Mr. Adams agreed that we need to get the corridor sealed properly and we need all the help we can get. Mayor Gillmor said we need to remind the legislature that the only thing they are required to do is to balance the budget, and they balanced it without doing things they should have done. Ms. Coy said we need safety barriers for residential areas abutting the railroad tracks where kids are playing. Mr. McPartlan said his concerns were AAF safety, noted that Indian River County is going after more sewer connections on Indian River Drive, and added the condition of the Lagoon and oyster beds. The City Attorney suggested that every piece of legislation be accompanied by a staff report with two check boxes: "1) Is this an unfunded mandate? -- Yes or No, and 2) Does Regular City Council Meeting August 26, 2015 Page Eight this impact home rule? -- Yes or No': He said this would help legislative committees, and the cities and counties which are subject to the legislation they are considering. Mayor Gillmor said let's add that and Mr. McPartlan said it should be right at the top. MOTION by Ms. Coy and SECOND by Mr. McPartlan to include all three of last year's recommended items, All Aboard Florida, oyster beds, and lagoon plus Mr. Ginsburg's added suggestion on adding two check boxes to all legislation. Mr. Hill asked didn't we also discuss the sewer, and Ms. Coy said absolutely, so make that a total of five items. Roll Call: Ayes: McPartlan, Gillmor, Adams, Coy, Hill Nays: None Passed: 5-0 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS Mr. Killgore said staff is keeping an eye on the storm, had gone through emergency management procedures as an exercise and were firming them up. 15. CITY CLERK MATTERS The City Clerk said AV staff would post slides on COSTV to keep the public advised as the storm progresses. 16. CITY COUNCIL MATTERS A. Council Member Hill Mr. Hill said staff was monitoring the storm, urged everyone to be diligent and prepare in the event of a storm. B. Council Member McPartlan - None. C. Mayor Gillmor Mayor Gillmor expressed sympathy to Marianne Berry on the loss of her husband. D. Vice Mayor Adams Vice Mayor Adams urged everyone to be prepared and be careful. E. Council Member Coy — Ms. Coy said the Press Journal had a lovely spot on Indian River County but not one picture of Sebastian or Fellsmere. mayor ATT Sally A. Vo, MMC -City Clerk Gillmor adjourned the meeting at 7:25 p.m. 15 Regular City Council Meeting. 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