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HomeMy WebLinkAbout09232015 Agenda Packet AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING & MILLAGE/BUDGET HEARING AND COMMUNITY REDEVELOPMENT AGENCY BUDGET HEARING WEDNESDAY, SEPTEMBER 23, 2015 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are on Back of Agenda 1. CALL TO ORDER 2. INVOCATION – Pastor Seth Goldsmith, Coastal Community Church 3. PLEDGE OF ALLEGIANCE – Led by Mayor Gillmor 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members A. City Manager Request to Accept the Agenda as Presented with Public Hearings to Come Before Consent Agenda 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. 15.147 A. Proclamation – Arts and Humanities Month – Accepted by Barbara Hoffman, Executive 6 Director, Cultural Council of Indian River County 15.114 B. Certificate of Appreciation to Domenic Durr for Planning & Zoning Commission Service C. Brief Announcements i. Saturday, October 3, 2015 – Craft Club in Riverview Park 10 am to 3 pm ii. Thursday, October 8, 2015 - Sebastian’s Community Night Out Hosted by Police Department – in Riverview Park - 5:30 pm to 7:30 pm 7. Recess City Council Meeting and Convene as Community Redevelopment Agency 7 A. Approval of July 22, 2015 CRA Minutes Excerpt of Council Minutes (Minutes Excerpt) 8-13 B. Conduct Public Hearing on CRA Budget for FY 2016 – CRA Resolution 15-01 (Transmittal, CRA Res 15-01) A RESOLUTION OF THE CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY (CRA) ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016; MAKING FINDINGS; AUTHORIZING AMENDMENTS; PROVIDING AN EFFECTIVE DATE. 8. Adjourn Community Redevelopment Agency Meeting and Reconvene as City Council 9. 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. 1 of 224 2 10. PUBLIC HEARINGS 15.026 A. Final Hearing on Millage for Calendar Year 2015 and FY 2015/2016 Budget 14-37 (Transmittals, R-15-26, R-15-27 w/schedule A, R-15-28 w/plan, and R-15-29 w/attachment A, Proposed Budget Under Separate Cover and on City Website) i. Attorney Advises Council on Procedure for Millage/Budget Hearing and Reads Titles for Resolutions R-15-26, R-15-27, R-15-28, and R-15-29 ii. City Manager Announces Proposed Millage Rate of 3.8556 Mills, which is 6.24% higher than the Rolled-back Rate of 3.6290 Mills iii. Budget Overview iv. Mayor Opens Hearing for Public Comment on Millage, Budget, CIP and Policies v. Mayor Closes Public Hearing vi. City Council Deliberation and Action a) Adopt Resolution R-15-26 - Millage Rate for Calendar Year 2015 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 3.8556 MILLS FOR THE CALENDAR YEAR 2015 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. b) Adopt Resolution R-15-27 - Budget for Fiscal Year 2015/2016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY’S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND BUILDING DEPARTMENT FUND AS PROVIDED FOR IN SCHEDULE “A”, ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. c) Adopt Resolution R-15-28 - Approval of Six-Year CIP – FY 2016-2021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING A SIX-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS ENDING 2016-2021; PROVIDING REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. d) Resolution No. R-15-29 - Adopting Financial Policies A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, READOPTING AMENDED FINANCIAL POLICIES GOVERNING VARIOUS AREAS OF BUDGET AND FINANCE AS PROVIDED FOR IN ATTACHMENT “A”; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 11. UNFINISHED BUSINESS - None 2 of 224 3 12. 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. 38-45 A. pproval of Minutes – September 9, 2015 Regular Meeting 46-49 B. Approval of Minutes – September 14, 2015 Special Meeting 15.148 C. Resolution No. R-15-30 – Amending R-00-48 and the Lease Agreement by the Airport 49-61 to the Golf Course (Transmittal, R-15-30 w/Exhibit A, R-00-48 w/Exhibit A) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO SECTION 3 “TERM OF LEASE” AND SECTION 4 “RENT” OF THE LEASE AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN FOR USE OF THE LAND FROM THE SEBASTIAN MUNICIPAL AIRPORT IN THE OPERATION OF THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 15.149 D. Resolution No. R-15-31 – Ratifying a 3% Increase in Rate of Pay Subject to 62-64 Ratification by Coastal Florida Public Employees Association (CFPEA) Bargaining Agreement PEA (Transmittal, R-15-31) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING A 3% WAGE INCREASE FOR ALL FULL-TIME AND PART-TIME (EXCLUDING TEMPORARY AND SEASONAL EMPLOYEES) HOURLY EMPLOYEES IN ACCORDANCE WITH ARTICLE 20.03 OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA PUBLIC EMPLOYEES ASSOCIATION (CFPEA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2016; AUTHORIZING THE CITY MANAGER TO NOTIFY ALL PARTIES OF THE CITY’S RATIFICATION AND CAUSE SAID INCREASES TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 15.150 E. Resolution No. R-15-32 - Ratifying a 3% Increase in Rate of Pay Subject to Ratification 65-67 by Coastal Florida Police Benevolent Employees Association (CFPBA) Bargaining Agreement PEA (Transmittal, R-15-32) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING A 3% WAGE INCREASE FOR ALL STEPS OF PAY GRADE 27 AND 30 IN ACCORDANCE WITH ARTICLE 15.3 OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION (CFPBA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2016; AUTHORIZING THE CITY MANAGER TO NOTIFY ALL PARTIES OF THE CITY’S RATIFICATION AND CAUSE SAID INCREASES TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 15.123 F. Formally Approve Employee Insurance Program for Fiscal Year 2015-2016 68-70 (Transmittal, 7/22/15 Council Minutes Except – Gehring Group Presentation) 15.151 G. Approve Indian River State College Lease in Old Schoolhouse and Authorize City 71-80 Manager to Execute Agreement Facilities Use Agreement (Transmittal, Old Lease, Income/Expense Report, New Lease) 15.040 H. Approve FIND Working Waterfront Project Grant Agreement # IR-SE-13-54 81-117 Amendment – One Year Extension (Transmittal, FIND Grant Agreement, City Manager Request for Extension, FIND Grant Agreement Amendment) 3 of 224 4 15.124 I. Approve Purchase of Airport Stormwater Equipment – CAT 308E Excavator from Ring 118-123 Power Corporation, St. Augustine, FL in the Amount of $127,966 via State of Florida Contract #760-000-10-1 with Funding from Approved FDOT JPA #437887-1-94-01 80/20 Grant and 20% City Match (Transmittal, FDOT Email, State of FL eProcurement Services 760-000-10-1, Vendor Quote) 15.127 J. Approve Contract for Airport Reflective Markings – Hi-Lite Airfield Services LLC in the 124-158 Amount of $45,376.42 via State of Florida Procurement Agreement RFP-DOT-13/14- 9016-GH with Funding from Approved FDOT JPA #437888- 1-94-01 80/20 Grant and 20% City Match (Transmittal, FDOT Email Confirming JPA Execution, State Contract for Marking, Hi-Lite Proposal) 13. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda 14. NEW BUSINESS 15.152 A. Approve Lease Agreement with Velocity, Inc. for Hangar B with Future Forfeiture of 159-195 A&B Leasing dba Velocity Airport Lease (10/31/00) Back to City and Transfer of Velocity Production Facility to City and Authorize City Manager to Execute Appropriate Legal Documents (Transmittal, Velocity Proposal, Lease Comparison Table, A&B Leasing dba Velocity Land Lease 10/31/2000, Velocity Hangar B Lease, Schedule A) 15.058 B. First Reading of Ordinance No. O-15-06 – Amending the Conceptual Development 196-220 Plan and Preliminary Development Plan/Plat for Sandcrest Subdivision – Schedule Second Reading and Public Hearing for October 14, 2015 (Transmittal, O-15-06 with Exhibits, Application, Plan and Plat) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CONCEPTUAL DEVELOPMENT PLAN AND PRELIMINARY DEVELOPMENT PLAN/PLAT FOR A PLANNED UNIT DEVELOPMENT KNOWN AS SANDCREST SUBDIVISION; PROVIDING FOR CONFLICTS; PROVIDING SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 15.153 C. First Reading of Ordinance No. O-15-07 – Declaration of Public Emergencies – 221-224 Schedule Second Reading and Public Hearing for October 14, 2015 (Transmittal, O- 15-07) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO PUBLIC EMERGENCIES; AUTHORIZING THE MAYOR TO DECLARE STATES OF EMERGENCY; PROVIDING DUTIES OF THE CITY MANAGER AND THE CITY COUNCIL DURING EMERGENCY; PROVIDING SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE. 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS A. Mayor Gillmor B. Vice Mayor Adams C. Council Member Coy D. Council Member Hill E. Council Member McPartlan 19. ADJOURN (All meetings shall adjourn at 9:30 p.m. unless extended for up to one half hour by a majority vote of City Council) 4 of 224 5 HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are aired live on Comcast Channel 25, ATT UVerse Channel 99 and streamed on City of Sebastian Website - www.cityofsebastian.org. 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: 10/14/15 Regular City Council Meeting 6:00 pm 10/28/15 Regular City Council Meeting 6:00 pm 11/18/15 Regular City Council Meeting 6:00 pm 12/16/15 Regular City Council Meeting 6:00 pm PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-15-10 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. 5 of 224 PROCLAMATION National Arts and Humanities Month October 2015 WHEREAS, in this complicated world and in these challenging times, the arts and humanities enhance the character of our Nation. The flash of insight that comes from watching a thought-provoking documentary or discovering a compelling novel sparks moments of joy, awe, and sorrow. From symphonies that bring tragedy to life with long bow strokes, to architecture that challenges the boundaries of the world around it, these works add texture to our lives and reveal something about ourselves. During National Arts and Humanities Month, we reflect on the many ways the arts and humanities have contributed to the fabric of our society; WHEREAS, our Nation is built on the freedom of expression, and we rely on the arts and humanities to broaden our views and remind us of the truths that connect us; WHEREAS, by capturing our greatest hope and deepest fears, the arts and humanities play an important role in telling our country’s story and broadening our understanding of the world; WHEREAS, to meet the challenges ahead, we must harness the skills and ingenuity of our children and grandchildren and instill in them the same passion and persistence that has driven centuries of progress and innovation. The arts and humanities provide important opportunities for our young people to unleash their creativity and reach for new heights. NOW, THEREFORE, I, Richard H. Gillmor, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, and on behalf of the Sebastian City Council, do hereby proclaim October as National Arts and Humanities Month in Sebastian and ask our citizens to celebrate and promote the arts and culture in our City and County. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian to be affixed this 23rd day of September 2015. City of Sebastian, Florida ___________________________________ Richard H. Gillmor, Mayor 6 of 224 7 of 224 8 of 224 9 of 224 10 of 224 11 of 224 12 of 224 13 of 22 4 14 of 224 15 of 224 16 of 224 17 of 224 18 of 224 19 of 224 20 of 224 21 of 224 22 of 224 23 of 224 24 of 224 25 of 224 26 of 224 27 of 224 28 of 224 29 of 224 30 of 224 31 of 224 32 of 224 33 of 224 34 of 224 35 of 224 36 of 224 37 of 224 SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 9, 2015 - 6:00 P.M. MINUTES CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the Regular Meeting to order at 6:00 p.m. 2. Pastor Karen Leedahl, Christ the King Lutheran Church, gave the invocation. 3. The Pledge of Allegiance was led by Mayor Gillmor 4. ROLL CALL City Council Present: Mayor Richard Gillmor Vice Mayor Jerome Adams Council Member Andrea Coy Council Member Jim Hill City Council Absent: Council Member Bob McPartlan (excused) City Staff Present: City Manager, Joe Griffin City Attorney, Robert Ginsburg City Clerk, Sally Maio Administrative Services Director, Ken Killgore City Engineer, Frank Watanabe Golf Course Director, Greg Gardner Human Resources Manager, Cynthia Watson Deputy Police Chief, Greg Witt Environmental Specialist, Michelle Stromburg E-Records & Information Manager, Barbara Brooke-Reese 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS 15.097 A. Presentation of Florida League of Cities Municipal Achievement Award for Environmental Stewardship by FLC President Matthew Surrency, Mayor, City of Hawthorne, Florida Florida League of Cities President, and Mayor of Hawthorne, Florida, Matthew Surrency presented a Florida League of Cities Municipal Achievement Award for Environmental Stewardship to Mayor Gillmor and members of City Council, and Public Works Director/City Engineer, Frank Watanabe, Human Resources Manager, Cynthia Watson and Environmental Specialist, Michelle Stromburg, who were involved with the City’s Storm Water Monitoring and Testing Program. Mayor Gillmor thanked them for their efforts, and Council for taking care of the Lagoon. 38 of 224 2 Regular City Council Meeting September 9, 2015 Page Two 15.146 B. Proclamation – Hunger Action Month – Accepted by Krista Garofalo, Treasure Coast Food Bank Mayor Gillmor read and presented the proclamation to Ms. Garofalo. Ms. Garofalo thanked Sebastian for its support of the Treasure Coast Food Bank and cited statistics reflecting the high number of people on the Treasure Coast who struggle to put food on the table. 15.141 C. Proclamation – Attendance Awareness Month – Accepted by Mrs. Lavonne Walker School Attendance Officer and Restorative Justice Coordinator for the School District of Indian River County and Marie O’Brian from the Learning Alliance Mayor Gillmor read and presented the proclamation to Mrs. Walker and Ms. O’Brian. Ms. O’Brian described the “Moon Shot Moment”, which has a goal of developing proficient readers in 3rd grade to affect their futures, said attendance at school matters and asked for ask for help from the community. 15.142 D. Proclamation – Early Learning Coalition – Storybook Forest at Riverview Park – Accepted by Angela Davis-Green ELC Director of Family Services Mayor Gillmor read and presented the proclamation to Ms. Davis-Green. Ms. Davis-Green spoke on the anticipated event on Saturday in Sebastian’s Riverview Park which will have as many as 30 agencies involved to show the importance of early learning, and described a partnership with the Barbara Bush Foundation which will offer on-line book subscriptions for children. Ms. Coy thanked her for doing this in Sebastian, said she would be involved and hoped it becomes an annual event. Mayor Gillmor talked about a Comcast initiative for underprivileged children whereby they can get internet service for $9.95 per month. E. Brief Announcements i. Friday, 9/11/15 Patriots Day 9/11 Remembrance at Veterans Memorial at Riverview Park – 8:30 am ii. Saturday, 9/12/15 Storybook Forest Event for Children - Riverview Park – 10 am to 2 pm iii. Thursday, October 8, 2015 - Sebastian’s Community Night Out Hosted by Police Department in Riverview Park – 5:30 pm to 7:30 pm Mayor Gillmor read the above listed announcements. 7. CONSENT AGENDA A. Approval of Minutes – August 26, 2015 Regular Meeting 15.143 B. Approve Alcoholic Beverage at Yacht Club for May Bridal Shower 9/13/15 – DOB Verified (Transmittal, Permit Application and Receipt) 15.022 C. Extension of DEP Grant Agreement for Presidential Street Monitoring – Amendment No. 1 and Authorize City Manager to Execute (Transmittal, Amendment 1) 15.004 D. Approve Request for Chamber of Commerce Candidate Forum in Chambers with Use of AV Staff and Live Broadcast on October 20, 2015 (Transmittal) MOTION by Ms. Coy and SECOND by Mr. Adams to approve the consent agenda. Roll Call: Ayes: Gillmor, Adams, Coy, Hill Nays: None Absent: McPartlan Passed: 4-0 39 of 224 3 Regular City Council Meeting September 9, 2015 Page Three 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. 15.144 A. MPO Citizen Advisory Committee (Transmittal, Application, Ad) i. Consider Appointment of Dick Krull to Alternate Position It was the consensus of Council to appoint Mr. Krull to the MPO Citizen Advisory vacant alternate position. 15.029 B. Construction Board (Transmittal, Applications, Ad, List) i. Interview, Unless Waived, Submit Nominations for One Expired Regular Member, Plumber Position – Term to Expire 9/30/18 ii. Interview, Unless Waived, Submit Nominations for One Expired Regular Member, Contractor Position – Term to Expire 9/30/18 It was the consensus of Council without interview or nomination, to reappoint James Fortier to his expired Construction Board plumber position, and Shawn Hosey to his expired contractor position, both with terms to expire 9/30/18, since there were no other applicants. 15.145 A. Youth Advisory Board i. Vice Chairman Anthony Scaramuzzi – Presentation of Road Safety Concerns in North County Anthony Scaramuzzi, Vice Chairman of the Youth Advisory Council, gave a brief presentation to City Council on traffic safety issues he had witnessed during recent driver training (see presentation attached). His concerns were for 1) the need for repair and installation of signs between Louisiana Avenue and Sebastian Boulevard for people entering 512; 2) the need for a “Caution Children at Play” sign and crosswalk in area of the Barber Fire Station/BSSC/Skatepark due to the level of activity in that area, and 3) when pulling into Roseland from 512 you cannot see anyone who might be approaching on the 512 sidewalk due to the obstructed view from trees. Mayor Gillmor thanked him for his presentation and said he would like to see more presentations like this from other boards, and turn concerns over to staff. Mr. Watanabe responded that the first issue is on private property but he will make sure the property owner is aware of it, and help out with signage; on the second issue, it is a good idea and said he had discussions with the City Manager about an additional crosswalk and thought signage was a good idea; and the third issue is actually IRC jurisdiction, City staff has gone out there to trim, and he would notify Chris Mora, IRC of the concern. Mr. Adams thanked Anthony Scaramuzzi for the presentation, stating this is the type of thing he was expecting from the Youth Council and is looking forward to more like this. He said the Council needs partnership between them and other committees to bring things forward Council might not have noticed, so they can work together. Ms. Coy told Mr. Scaramuzzi to let his Council know he got results today and maybe that will give others the motivation to bring more to City Council. 40 of 224 4 Regular City Council Meeting September 9, 2015 Page Four 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS 15.101 A. Accept Sebastian Municipal Golf Course Design-Build Contract Ranking and Authorize City Manager to Engage in CCNA Negotiate Design-Build with Nutt Construction in an Amount Not to Exceed $998,500 and Execute Resulting Contract (Transmittal, Bid Responses Rec’d 8/13/15, Scoring/Ranking, Nutt Construction Bid and Contract) The City Manager gave a brief history of the decision to bid out for a Sebastian Municipal Golf Course irrigation system, said the staff committee made up of City Manager, Greg Gardner, Golf Course Director, Frank Watanabe, City Engineer and Ken Killgore, CFO, had selected Nutt Construction by a close vote for the design/build contract, with selection made on qualifications, and requested authorization to move forward to enter into CCNA negotiations with Nutt in an amount not to exceed $998,500, which was Nutt’s bid. MOTION by Mr. Hill and SECOND by Ms. Coy to approve. Ben Hocker, Sebastian, said we have a contract with SMGC for maintenance of the Golf Course which runs from 2010 to 2024, read from the contract which states in part that the contractor must maintain the irrigation systems and be responsible for repairs, and questioned if they are to be maintaining irrigation, why are we going out with a $1M contract when we already have a contract for a maintenance company and our only obligation is providing parts and equipment. Mr. Hill responded the contract with IGM is a contract for maintenance of the Golf Course itself and the irrigation is a part of the maintenance of the Golf Course, and their contract is to maintain that irrigation system which they have been doing, and the question is, is the system that is there suitable for us to go forward into the future. He said the system is antiquated and causes aesthetics and playability issues on the Golf Course requiring replacement of the system. He said IGM has done a quality job of maintaining what is there but it is the City’s desire to go forward with a better product for our customers, and by replacing the system we will provide a better product overall. Mr. Hocker asked why don’t we just provide the parts and let the gentleman who has the contract put it in. Mayor Gillmor compared it to using a mechanic who maintains your automobile, and comes a time when the engine is tired and needs a ring job, you give him $20 to check your oil, but do you expect him to change your rings too. Mr. Hocker said the contract says he does. Mike Pignato, stated he was a golf course irrigation designer and consultant since 1994 with over 250 projects in the eastern U.S., in the Caribbean and Africa, and gave further specifics on projects he had done. He said visited the Sebastian Golf Course property to compare his design with site conditions, and through that process provided the City a very competitive plan to provide 350 more sprinklers than are currently in place and in the corridors that staff felt were required. He said he selected the contractor who installed the irrigation system at Sandridge two years ago, and noted Chris Minott, who was in the audience, was a certified HDPE welding instructor and field inspector, one of the most qualified in the Southeast. He said it clearly states in the bid documents that even though this is a design/build, the award 41 of 224 5 Regular City Council Meeting September 9, 2015 Page Five would go to the lowest responsive and responsible bidder, which conform to the specifics and instructions to the bidder, be the most advantageous to the City, noting they were $50K lower than Nutt and they will be off-site six weeks prior to the scheduled completion, as well as other factors as determined by the City. He said that last phrase can be ambiguous. He said the only other criteria noted was a phone interview to take place with four individuals, and in preparing for the phone interview, he contacted Ms. Tarbell to find out specifics of the process and was told only designers were to participate in the process, yet Nutt Construction was allowed to have the designer and the two owners involved in their interview, which he believed adversely affected the decision. He reiterated they were the low bidder and would have been off the job by the Christmas holiday. Mr. Pignato said he was not questioning Nutt’s qualifications, stating he has worked with Nutt on many contracts, but said since his was the low bid wanted to know why the recommendation was to start with the higher bidder, noting he has never seen it start with anything but the low bid. He said he would not have driven 100 miles to give his input tonight if he had been $1 higher. He said design-build on a Golf Course is a slippery slope, and advised City staff of this, and took issue with the process. He asked that Council not approve the nomination by staff and revisit this, and asked that they request his documents from staff. He said he sits on the Wellington Parks and Recreation Council and when they receive tendered contracts, they have to receive them from staff and not directly from a contractor. Again, he asked that they table this, review it, and have publicly held interviews with questions that are not as softball as these were, noting two of them don’t even pertain to the project. Ms. Coy said she would like to hear staff response. The City Manager said he stands by his presentation, the interview process, the integrity of the four people who were involved with the interview process, and thought we should move on. Mr. Pignato said he was not questioning anyone’s integrity but the agenda states “the scoring and ranking”, yet there was a vote, and typically in a public process if a scoring and ranking is used it is a weighted system where a bid has a calibrated ranking, the design has a calibrated ranking and so does the interview process, and he was not afforded the same opportunity as Mr. Nutt was. He said when he requested a copy of the minutes and the scores, because he figured it had to be a public meeting or it would violate sunshine laws, he was told it was a 3-1 vote of, and that a vote and a scoring system can’t apply in the same dynamic. He said he was not questioning integrity but was asking that the process be followed as laid out in the document. Ms. Coy said she would beg to differ on his opinion of the vote and scoring process being totally separate entities, because we have used a scoring and deliberation process, and there is no need to discuss anything further if you are just going to rank it 1, 2, 3, 4, and have done it on many projects, part of the deliberations are past experience and lots of things can weigh in, which are not necessarily score. She said she had to back the people she has seen go through this before. Mr. Pignato said the fairness ended when he was not allowed to have his contractor in the meeting and it gave his competitor an unfair advantage. He said he was told, and the documents stated, that only the designers shall be interviewed, and the Nutt contractor was 42 of 224 6 Regular City Council Meeting September 9, 2015 Page Six allowed to participate. He said there was not enough difference between his contractor and Nutt Irrigation to warrant spending an additional $50K. Ms. Coy said she has to go back and look at our process, we have had others challenge our process, and it always comes back to our staff, and I have to look at this guy (City Manager) who she trusts implicitly to deal with City business, and if she did not, she would be on him, and he looked her in the eye and said trust the system. Mayor Gillmor said we all agree that there were two bidders who were far superior to the others, and said he takes exception to the comment that this is a sunshine issue because none of the people who interviewed you are subject to the sunshine law, but if it was Council doing the interviewing it would be a sunshine issue, but since it wasn’t he didn’t that held true. He said if we can’t make a deal with Nutt we will be coming back to Mr. Pignato. Mr. Pignato said the bid document states that you will award to the lowest responsible and qualified bidder, and found it difficult to believe his team would not have been viewed as qualified, so the negotiations should have started with the lowest qualified bidder. Mayor Gillmor said the way the process works is, we have to take the most qualified, and unfortunately the scoring said that he was close but not as high as Nutt. Ms. Coy asked the City Attorney if he was satisfied that we were within the legal limits of the advertisements, have we followed our process and not subjected ourselves to lawsuits. The City Attorney responded he thought they had followed the process, and as is always the case, they have the right to reject the bids and start over or can take the Manager’s recommendation and go forward with the recommended respondent. Ms. Coy said as with any contract, there is always that clause in there, and we have protected ourselves within the bidding process, but there are other items in there, so if he says it is based on that totally, when they do have other recourse, she thought that a bad assumption. Mr. Pignato said at the pre-bid they were told that the City’s agronomist on-site was to be a part of the interview and decision making process, and she was not in that phone call. Mayor Gillmor said his time was up, and Mr. Pignato thanked them and said he could see where this was going to go. Mr. Adams said even if we look at the scoring, Nutt came out ahead, and if weighting it on scoring, that alone to him says Nutt is the top choice, and we depended on our City Manager and we know he and his staff are competent, and he stands by the City Manager’s recommendation. Mr. Hill said any one of the two would be wonderful contractors, and both are very qualified, but he knows the individuals on the committee so he is very comfortable with that. He asked the Golf Course Director who would be overseeing the operation. Greg Gardner said he would be the main contact but IGM staff will be there as well as City Engineer, Frank Watanabe. 43 of 224 7 Regular City Council Meeting September 9, 2015 Page Seven Mr. Hill said day to day operation will be by IGM but Mr. Gardner is going to the be the one who is mostly responsible, because IGM could be gone in a few years and we will have this system for many years. He asked what type of systems will go in, and will there be a process to decide what goes in and when we get into that process. Mr. Gardner said that would be the next thing to meet with Nutt Construction whether Toro Rainbird, Century, and look at plans, stating right now there are 850 heads and we may be able to reduce that which will reduce the cost. He said they are leaning toward wireless and individual head control. Mr. Hill said over the years he has seen irrigation blowouts and even small leaks that cause wet areas, and this will provide a much better product. Roll Call: Ayes: Adams, Coy, Hill, Gillmor Nays: None Absent: McPartlan Passed: 4-0 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda Karen Palin, resident of Sebastian and Ken Roberts, Pickle Ball Ambassador from Vero Beach, spoke at length on a sport called Pickle Ball, which has been around for 50 years, residents are currently utilizing Schumann Park tennis courts with lines drawn by the City, it is being played by many people, and there will be more and more over the years. They said Pickle Ball uses a third of the size of a tennis court and is played with a ping pong like paddle, though larger, and a whiffle ball, and that people of all ages can play. Mr. Roberts cited all the new courts being added in Vero Beach and throughout Indian River County. Discussion followed on consideration of sites dedicated to the sport, fundraisers that can be held to assist with funding to establish courts, and recommendations for them to go before Parks and Recreation Committee for a recommendation back to City Council. Mayor Gillmor said he has had people ask him about it at the gym and said Chris McCarthy had pictures of a potential site at Barber Street. The City Manager said they contacted him so he invited them here tonight to address Council, and the next step would be to go to Parks and Recreation and have PR report back to Council. Vicki Moss, President of the Tennis Club, said she had no problem with Pickle Ball but that the courts have been relined and it is confusing for tennis players, who have been using the courts for 20 years. Ms. Coy said let’s see if we can’t expedite something to make everyone happy. Ben Hocker, Sebastian, said he was just informed it is a national program, and asked will they be renting such as they do with little league and football. 12. NEW BUSINESS – None 44 of 224 8 Regular City Council Meeting September 9, 2015 Page Eight 13. CITY ATTORNEY MATTERS The City Attorney said Tropical Storm Erika brought a declaration of emergency from the Governor for the entire State, he was very proud of the City staff response, and advised Council the reason he brought this up is that he is drafting an ordinance for emergency declarations for the next meeting because it is important to spell out a framework for emergency procedures. 14. CITY MANAGER MATTERS The City Manager said he was unavoidably absent at the last meeting and thanked staff for stepping up and doing a great job during the storm, thanked Ken Killgore who sat in for him before Council; and, in regard to recycling, reported the rolling blue bins have been delivered by Indian River County, can be used starting October 1st and all recycling pickup will go to Thursday pickup throughout the City, and regular trash pickup will remain as it currently is. Mr. Adams asked what we do with our current recycle bins, and the City Manager said you can keep them or put them out on October 1st to be disposed of by Waste Management. He said if after three months the 64 gallon is too big or too small, they will exchange for a smaller or larger bin upon request. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member McPartlan - Absent B. Mayor Gillmor - None C. Vice Mayor Adams - None D. Council Member Coy Ms. Coy said if anyone is having problems with recycling, please call her and she will help, noting she is still hearing that the green regular trash buckets are not big enough and that is because people are not recycling. She gave her home number 388-0961. She also said we need to do something about bins delivered to houses for people who are not here right now. The Clerk noted a bin had been left at a foreclosed house next door to her, asked if numbers on the bins are registered to that address and should IRC be notified to pick up. Ms. Coy said in regard to political signs, if a sign shows up on your property and you didn’t request it you can do with it what you want, because anyone posting needs your permission, noting most people who want to be politicians are very responsible. She said she would be participating in the Storybook Forest on Saturday and asked everyone to join in. E. Council Member Hill - None 17. Being no further business, Mayor Gillmor adjourned the meeting at 7:21 p.m. Approved at the ___________________________, Regular Meeting. By: __________________________________ _____________________________ Richard H. Gillmor, Mayor Sally A. Maio, MMC - City Clerk 45 of 224 SEBASTIAN CITY COUNCIL SPECIAL MEETING MINUTES 1st MILLAGE/BUDGET HEARING FY 2015/2016 Proposed Millage and Tentative Budget MONDAY, SEPTEMBER 14, 2015 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the Special Meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Richard Gillmor Vice Mayor Jerome Adams Council Member Andrea Coy Council Member Jim Hill (absent) Council Member Bob McPartlan City Staff Present: City Manager, Joseph Griffin City Attorney, Robert Ginsburg City Clerk, Sally Maio Administrative Services Director, Ken Killgore City Engineer, Frank Watanabe Police Chief, Michelle Morris Police Commander, John Blackledge 15.026 4. PUBLIC HEARING/ADOPTION OF PROPOSED MILLAGE AND TENTATIVE FY 2015- 2016 BUDGET A. City Attorney Advises Council on Procedure for Millage/Budget Hearing and Reads Titles for Resolution Nos. R-15-24 Proposed Millage and R-15-25 Tentative Budget The City Attorney advised on procedures to follow, read Resolution Nos. R-15-24 and R-15- 25 by title at this time to allow anyone to speak on both issues under public input and stated the first order of business of the hearing would be for the City Manager to announce the proposed millage and its percentage over rolled-back rate. B. City Manager Announcement of Proposed Millage Rate of 3.8556 Mills Which is 6.24% Higher than the Rolled-Back Rate of 3.6290 Mills The City Manager announced the proposed millage rate of 3.8556 mills which is 6.24% higher than the rolled-back rate of 3.6290 mills for the record. 46 of 224 2 Special City Council Meeting September 14, 2015 Page Two C. Budget Overview (Complete Tentative Budget Document Under Separate Cover) The Administrative Services Director gave a brief overview of the proposed budget by Power Point (see attached to minutes for specifics of the proposed millage and budget), cited the history of budget preparation, Budget Review Advisory Board meetings, Committee and City Council reviews and budget workshop, and locations of the tentative budget on the City website and in City Hall for review. He noted the total budget increase in the general fund is $248,901, cited amounts and planned uses for the individual funds, effects of rolled-back rate millage and recommended millage, announced that during today’s PBA and PEA union negotiations between the City and unions an agreement had been reached on the 3% COLA subject to ratification by the two unions, and that staff hopes to get the item on the September 23rd City Council agenda. Ed Herlihy, Chairman of the Budget Review Advisory Board, continued the Power Point (also attached to minutes) and summarized the Board’s activities and recommendations, noting they had continued funding for Lagoon, road repaving, AAF and Sewer connectivity. He finished with a slide showing the current excellent financial condition of the City of Sebastian and recommended a millage of 3.8556. Mayor Gillmor said Chairman Herlihy has done excellent job for many years on the Budget Review Advisory Board, and there is a symbiotic relationship between the Board and Administrative Services Director Ken Killgore and the City Manager. He cited Port St. Lucie’s millage of 5.6 or 5.7 which is going up and that our 3.8 millage rate sounds good for a small town like this. D. Mayor Gillmor opened the public hearing at 6:17 pm, and when no one from the audience requested to speak, Mayor Gillmor closed the public hearing. E. Adopt Resolution R-15-24 - Proposed Millage Rate for Calendar Year 2015 - Final Public Hearing and Final Adoption Scheduled for 9/23/2015 (Transmittal, R-15-24) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A PROPOSED MILLAGE RATE OF 3.8556 MILLS FOR THE CALENDAR YEAR 2015; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Ms. Coy and SECOND by Mr. McPartlan to Resolution No. R-15-24 proposed millage rate for calendar year 2015 of 3.8556 mills. Roll Call: Ayes: Gillmor, Adams, Coy, McPartlan Nays: None Absent: Hill Passed: 4-0 F. Adopt Resolution R-15-25 - FY 2015/2016 Tentative Budget (Transmittal, R-15-25) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE TENTATIVE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUES FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND BUILDING DEPARTMENT FUND AS PROVIDED FOR IN SCHEDULE "A", ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY ; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 47 of 224 3 Special City Council Meeting September 14, 2015 Page Three MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve Resolution No. R-15-25 2015/2016 Tentative Budget. Roll Call: Ayes: Adams, Coy, McPartlan, Gillmor Nays: None Absent: Hill Passed: 4-0 At this time the City Manager restated the proposed millage of 3.8556 mills, which is 6.24% higher than the rolled-back rate of 3.6290 mills, and will provide funding for street resurfacing, All Aboard Florida issues, continued stormwater improvements and Lagooon issues, and provide for personnel cost increases. G. Announce Final Public Hearing on Millage and Budget to be held on Wednesday, September 23, 2015 at the City Council Regular Meeting at 6:00 p.m. Mayor Gillmor announced the final public hearing on the millage and budget will be held at the Regular City Council meeting on September 23, 2015 at 6:00 pm. Ms. Coy thanked the Budget Review Advisory Board, a tremendous committee led by Mr. Herlihy, working with Ken Killgore, the City Manager and all our City departments. She said she loved the slide showing we are in such good financial shape, said people really need to appreciate that and hoped she’d see that in the paper. Mr. McPartlan confirmed those comments for the Budget Board, said Mr. Griffin does a great job but Ken Killgore is the one with the sharp pencil and there is nobody else he would rather have in the seat concerning finances. Vice Mayor Adams echoed everyone’s sentiments, said job well done by the Board, by City staff, City Manager and Ken and said he wouldn’t expect anything less, and told them keep up the good work. 5. Being no further business, Mayor Gillmor adjourned the Special Meeting at 6:22 p.m. Approved at the ___________________________, Regular Meeting. By: __________________________________ Richard H. Gillmor, Mayor __________________________________ Sally A. 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