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HomeMy WebLinkAbout01-27-2016 CC Agenda SEBASTIAN CITY COUNCIL REGULAR MEETING AND COMMUNITY REDEVELOPMENT AGENCY AND BOARD OF ADJUSTMENT AGENDA WEDNESDAY, JANUARY 27, 2016 - 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 – No invocation scheduled at this time 3. PLEDGE OF ALLEGIANCE – Led by Vice Mayor Adams 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 16.010 A. Proclamation – Joan Swiderski Day - Volunteer - Certified Professional Association of 6 Therapeutic Horsemanship (PATH) Instructor for Special Equestrians of the Treasure Coast 16.011 B. Ruth Stanbridge, Indian River County Historian - Indian River County Historical Society 7 1st Annual Mullet Fry at Working Waterfront Fisherman’s Landing at 1540 Indian River Drive on Saturday, February 6, 2016 – noon to 2 pm C. Brief Announcements 2/5/16 – Chamber Concert in Park – Nikki Talley – 5:30 pm to 8 pm 2/6/16 & 2/7/16 – Craft Club Show in Riverview Park 10 am to 3 pm 2/13/16 – Sebastian River Art Club in Riverview Park – 10 am to 4 pm 2/15/16 – City Hall Closed for Presidents’ Day 1 of 130 2 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 8-16 A. Approval of Minutes – January 13, 2016 16.012 B. Prior Approval for Council Travel – Vice Mayor Adams Attendance at FLC Advanced 17-18 IEMO III – March 11-12, 2016 – Orlando (Transmittal, Agenda) 16.013 C. Resolution No. R-16-02 – Amending Financial Policies (Transmittal, R-16-02) 19-20 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION R-15-29 TO MODIFY AND CLARIFY THE FUND BALANCE POLICIES SECTION REGARDING THE CAPITAL RENEWAL AND REPLACEMENT RESERVE; DIRECTING THAT THE GENERAL FUND OPERATING SURPLUS BE ASSIGNED THERETO; AUTHORIZING THE CITY MANAGER TO USE SUCH FUNDS IN CERTAIN INSTANCES SUBJECT TO CITY CODE SECTION 2-10; PROVIDING FOR REPORTING THE USE OF SUCH FUNDS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 16.014 D. Approve FDLE Edward Byrne Memorial Justice Assistance Grant (Transmittal, Grant 21-47 Notice Letter/Program Announcement) 16.015 E. Approve Purchase of Parts and Modification of Existing Robotics System for Council 48-49 Chambers Cameras from Electronic Systems Intergration, Inc. in the Amount of $24,268 – Cameras to be Bid at a Later Date – FY 15/16 Budgeted Item (Transmittal, Quote) 16.016 F. Approve Lions Club of Sebastian 4th of July Joint Project Agreement (Transmittal, Joint 50-53 Project Agreement, Participant Application) 16.017 G. Approve Alcoholic Beverage for Party at the Yacht Club on 2/6/16 from 1 to 4 PM – 54-56 Applicant DOB Verified (Transmittal, Application, Receipts) 16.018 H. Approve Alcoholic Beverages for Thompson Party at Community Center on 3/26/16 57-59 from noon to 4 pm – DOB Verified (Transmittal, Application, Receipts) 16.019 I. Approve Pelican Island Wildlife Festival in Riverview Park on March 12, 2015 with 60-62 Requested Street and Boat Ramp Closings (Transmittal, Email) 2 of 130 3 8. RECESS CITY COUNCIL MEETING/CONVENE AS COMMUNITY REDEVELOPMENT AGENCY A. Call to Order and Roll Call B. CRA Items 63-64 i. Approval of 1/13/16 Minutes (Excerpt of 1/13/16 Council/CRA minutes) ii. Presentation by Rob Bolton – Step Program Power Point (no backup) 65-78 iii. Consider Construction of Mooring Field (Transmittal, Boat Mooring Field Assessment, City Engineer Power Point Presentation) C. Adjourn CRA Meeting 9. CONVENE AS BOARD OF ADJUSTMENT A. Call to Order and Roll Call 79-81 B. Approval of Minutes - Excerpt of 11/18/15 (Excerpt of Council/BOA minutes) 82-104 C. Quasi-Judicial Hearing on Request from Brian Frazier, 851 Williamson Avenue Variance Requested from Section 54-2-7.13(b)(4) of the Sebastian Land Development Code to allow a boat to be parked in the driveway in front of the house, whereas the Code requires the boat to be located behind the front building line, and in no event less than 25 feet from the front house line, or be located wholly within a carport or garage. • Mayor opens hearing • Attorney reads title • City Council Members disclose ex-parte communication • City Clerk swears in all who intend to provide testimony • Applicant or applicant’s agent makes presentation • Staff presents findings and analysis • Council asks questions of the applicant and staff • Mayor opens the floor for anyone in favor of the request (anyone presenting factual information • shall be sworn but anyone merely advocating approval need not be sworn in) • Mayor opens the floor for anyone opposing the request • Applicant provided opportunity to respond to issues raised by staff or public • Staff provided opportunity to summarize request • City Council deliberation and questions • Mayor calls for a motion • City Council Action D. Adjourn Board of Adjustment Meeting 10. RECONVENE AS CITY COUNCIL 3 of 130 4 11. 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. 12. PUBLIC HEARINGS - None 13. UNFINISHED BUSINESS 16.020 A. City Clerk Retirement (Transmittal, 12/16/15 Memo, Employment Agreement) 105-110 14. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda 15. NEW BUSINESS 16.021 A. Stormwater Maintenance Program (Transmittal, City Engineer Presentation) 111-122 16.022 B. Consider Assignment of City Hall Parking (Transmittal) 123 16.023 C. Consider Assignment of City Boards/Committees – Annual Review (Transmittal, List of 124-125 Boards/Committees) 16.009 D. First Reading of Ordinance No. O-16-01 – Drone Regulation – Schedule 2nd Reading 126-130 and Public Hearing for February 24, 2016 (Transmittal, O-16-01) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING FOR THE REGULATION OF DRONES; PROVIDING DEFINITIONS; PROVIDING REGULATIONS FOR SUPERVISION, LOCATIONS AND RESTRICTIONS FOR THE USE OF DRONES, PROVIDING EXEMPTION, PROVIDING PENALTIES, CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE. 16. CITY ATTORNEY MATTERS 17. CITY MANAGER MATTERS 18. CITY CLERK MATTERS 19. CITY COUNCIL MATTERS A. Vice Mayor Jerome Adams B. Council Member Andrea Coy C. Council Member Jim Hill D. Council Member Bob McPartlan E. Mayor Richard Gillmor 20. 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) 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 4 of 130 5 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: 2/10/16 Regular City Council Meeting 6:00 pm 2/24/16 Regular City Council Meeting 6:00 pm 3/9/16 Regular City Council Meeting 6:00 pm canceled for early voting 3/23/16 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 130 PROCLAMATION JOAN SWIDERSKI DAY – JANUARY 27, 2016 WHEREAS, In conjunction with Sebastian’s core value that honors those who volunteer their time, energy and money to the greater good of our community, today we honor Sebastian resident Joan Swiderski, who exemplifies what it means to volunteer as a certified Professional Association of Therapeutic Horsemanship (PATH) Instructor for Special Equestrians of the Treasure Coast, a 501(c)3 therapeutic riding facility; and WHEREAS, PATH sets standards worldwide and to become a certified instructor is a rigorous process which requires many hours of training, schooling, continuing education and certification testing. The safety of a rider with a disability, the safety of a horse and the safety of volunteers are all the responsibility of the instructor and Joan not only carries this weight with professionalism and integrity, she also mentors other instructors as well; and WHEREAS, Over the past few years Joan has given hundreds of instructions, coaches the Special Olympics Equestrian Team from Indian River County, has been the key component in Barn Management Classes over the summer, organized and instructed 75 first graders on horsemanship and even gave a lesson with them on a horse in the fall of 2015; and WHEREAS, Joan is in the process of becoming a certified Equine Specialist through PATH which would qualify her to work with students with mental health and/or learning issues, a demanding process, and she does this without pay or compensation! She is a resident of the City of Sebastian and exemplifies what it means to “volunteer” and brings honor, dignity and credibility to Sebastian. NOW, THEREFORE, I, Richard Gillmor, by the authority vested in me as Mayor of the City of Sebastian, and on behalf of the City Council of the City of Sebastian, do hereby proclaim January 27, 2016 as Joan Swiderski Day in Sebastian for her commitment to and compassion for others. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian to be affixed this 27th day of January, 2016. City of Sebastian, Florida ___________________________________ Richard H. Gillmor, Mayor 6 of 130 Sponsored by The Indian River County Historical Society Saturday, February 6th 2016 (12pm-2pm) Working Waterfront, Sebastian, FL (Fisherman’s Landings, 1540 Indian River Drive) Ticket cost $10 per person - available at: • Historical Society Office - Vero Beach Railroad Station, 2336 14th Avenue, downtown Vero Beach • Telephone: (772) 778-3435 • Email: indianriverhisto@bellsouth.net • Website http://www.irchistorical.org *Side dishes (beans, slaw, and cheese grits with a taste of swamp cabbage for $1 extra) provided by Marsh Landing Restaurant The historical displays and exhibits in Hurricane Harbor, part of Fisherman’s Landings, will be open for tours. These displays were designed by the Indian River County Historical Society specifically for the City of Sebastian’s Working Waterfront Project to highlight the history of Sebastian and the Indian River Lagoon. 7 of 130 SEBASTIAN CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENGY (CRA) REGULAR MEETING MINUTES WEDNESDAY, JANUARY 13, 2016 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the Regular City Council Meeting to order at 6:00 p.m. 2. Invocation was given by Reverend Dave Newhart, St. Elizabeth’s Episcopal Church. 3. The Pledge of Allegiance was led by Mayor Gillmor. 4. ROLL CALL City Council Members Present: Mayor Richard Gillmor Vice Mayor Jerome Adams Council Member Andrea Coy Council Member Bob McPartlan City Council Members Absent: Council Member Hill (excused) City Staff Present: City Manager, Joe Griffin City Clerk, Sally Maio Attorney, Robert Ginsburg Administrative Services Director, Ken Killgore City Engineer, Frank Watanabe Police Chief, Michelle Morris 5. AGENDA MODIFICATIONS None. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 16.001 A. Proclamation – Children’s Week – Accepted by Jacki Jackson, CEO, Early Learning Coalition Mayor Gillmor read and presented the proclamation to Jacki Jackson, CEO, Early Learning Coalition, who briefly addressed the audience in regard to the importance of early learning for all children, stated they serve 600 children from poorer working families in Indian River County with grant funding to provide quality pre-school. 8 of 130 2 Regular City Council/CRA Meeting January 13, 2016 Page Two 16.002 B. Proclamation – National School Choice Week – January 24 - Accepted by Dr. Martha McAdams, Sebastian Charter JHS Mayor Gillmor read and presented the proclamation to Marvel Nolan, Vice Principal, Sebastian Charter Junior High School, who addressed the importance of educational choices for all children. 16.003 C. Proclamation – Dr. Martin Luther King Jr. Birthday Observance - January 18, 2016 – Accepted by Vice Mayor Jerome Adams Mayor Gillmor read and presented the proclamation to Vice Mayor Adams, who addressed the important work of Dr. Martin Luther King, Jr. and said if everyone were to treat one another the way they want to be treated it would solve so many problems in our Country. New Pelli Award for Police Chief Morris, Sebastian PD and Volunteers Mayor Gillmor read an email received from Space Coast Honor Flight and presented a “Pelli” award to Chief Morris, Sebastian Police Officer Carlin Parker, Commander John Blackledge, and Police Volunteers John Lacenere and Paul Roughsedge (who could not be at the meeting) for their assistance to Veterans while attending monthly Space Coast Honor Flight luncheons at Captain Hiram’s. Chief Morris thanked the Mayor and Council and encouraged people to come and see the Veterans walk into their monthly luncheon assisted by Police Officers and volunteers. 16.004 D. Sebastian Clambake Foundation – Presentation of Proceeds Checks to Recipients Anjani Cirillo, Sebastian Clambake Foundation, with the assistance of the Clambake Board members Dot Judah and Wayne Snow, explained the process for selecting recipients of the proceeds of the annual Clambake Festival, thanked Police Officers and the approximately 600 volunteers, and presented checks to recipients. $8K was presented to the Sebastian River High School crew, who said funds will be used for a second boathouse at C54 canal. The rowing coach said they are bringing in college and US Olympic rowing teams for rowing practice to their facility, and introduced former and current high school rowers Buddy and Kenneth, who also expressed their appreciation. $12K was presented to the Elks Club, which will be used to finish a pavilion behind their building and installation of a handicapped accessible sidewalk. $20K was presented to the American Legion, which will assist with new restrooms to be constructed once their sewer connection project is completed. 16.005 E. CNG Presentation by Jim Hayhurst Jim Hayhurst, J.R. Leonard Construction Company, CNG Services Group, Gas Power Services, gave a Power Point presentation on CNG systems, (see presentation attached). Discussion followed regarding slow and fast fill systems, whether slow fill would work for the City, and were a facility were made available to the public it would have to be slow fill. 9 of 130 3 Regular City Council/CRA Meeting January 13, 2016 Page Three Ms. Coy asked for a hard copy of the Power Point presentation. Discussion continued on the different types of compressors available, how compressors are powered, cost savings from outfitting vehicles for CNG, the fact that ethanol in gas has lowered mpg on vehicles and CNG provides better mileage, though the opposite is true for diesel, and that 80% of all refuse trucks currently on order are CNG. Mayor Gillmor thanked Mr. Hayhurst for his presentation and Mr. Hayhurst said he was available if they needed any further assistance with CNG. F. Brief Announcements • 1/16/15 & 1/16/16 – Sebastian Fine Art and Music Festival – IR Drive/Riverview Park Area • 1/18/16 – City Hall Closed for Dr. Martin Luther King Jr. Day • 1/21/16 through 1/24/16 – Fellsmere Frog Leg Festival Mayor Gillmor read the above listed announcements, and Mr. McPartlan announced the Sebastian Citizens Academy which will begin January 21st for six weeks and said people can pick up applications in City Hall or by visiting the Police Department website www.sebastianpd.org. 7. RECESS COUNCIL MEETING/CONVENE AS COMMUNITY REDEVELOPMENT AGENCY A. Call to Order and Roll Call Mayor Gillmor called the CRA meeting to order and the City Clerk called the roll: Present: Mayor Richard Gillmor, Vice Mayor Jerome Adams, Council Member Andrea Coy and Council Member Bob McPartlan Absent: Council Member Jim Hill (excused) B. Approval of 10/14/15 CRA Minutes Excerpt w/in Council Minutes (Page) MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve the CRA minutes carried on a voice vote of 4-0 (Hill absent) C. Approve Wastewater Hook-Up Grant Application of $5,000 to Allen Properties LLC – Wendy’s, 1625 US Highway One (Transmittal, Application, Deed, Tax Receipt, Construction Plan, Budget Account Summary) The City Manager presented the request for approval of the septic to sewer hookup grant application from Wendy’s. MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve the grant. Roll Call: Ayes: Gillmor, Adams, Coy, McPartlan Nays: None Absent: Hill Passed: 4-0 10 of 130 4 Regular City Council/CRA Meeting January 13, 2016 Page Four D. Award CRA Landscape Services Agreement to Ameron (Transmittal, 15-12 Statement of Qualifications, Conlon Bid, Ameron Bid, Agreement) The City Manager said for too long we have experienced ups and downs in landscape services in the CRA, through no fault of City workers with vacations or people out sick, resulting in non-standard services especially at Riverview Park, which also extends to pest control issues. He said he and the City Engineer went out for a solicitation of qualifications, and got two responses by the November 25th deadline. He said they were interviewed and asked to submit a cost bid, and following review, staff selected Ameron to supply landscape services in the CRA district for $156,450 per year. He recommended approval of the agreement and authorization for him to execute. MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve and authorize the City Manager to execute the contract. In response to Mayor Gillmor regarding the difference between RFP and RFQ, the City Engineer said generally when you go out for general contract services you base it on a bid price, and typically go for the lowest bid, and that is usually what we do with an RFP request for proposal. He said when you go after professional services, typically like engineering or architectural services, you have to go through competitive bidding under State CCNA law, however, when you go after other professional services that are not under that umbrella like and engineer or architect, you want to hire based on best qualifications, and most cities send out a request for statement of qualifications with no numbers, rank them based on qualifications and then select based on price. He said because they were looking at a high profile area, they wanted a more professional company. In response to Mr. McPartlan, he confirmed that the process was appropriately advertised. In response to Mr. Adams, the City Manager said the cost from the Conlon proposal was $161,754, and that Conlon was going to do a month long cleanup for an extra $8,000. He said staff made the distinction on qualifications, wanted to be sure we had a company responsive to us, uniformed properly, trucks clean and marked, cleanliness, friendliness and attention to detail and Ameron’s price fell into line. The City Manager also responded to Vice Mayor Adams question about whether it may have been cheaper using City staff, stating that he, the City Engineer and Administrative Services Administrator ran the numbers and after looking at all factors, fixed and variable costs, and the fact that there are people locked into parks who can’t be transferred to stormwater and roads and drainage, this was the only viable option. He said he wanted to make sure we had a professional company we could hold accountable where we have escape clauses, and we can have more control as to quality of work in the CRA. He said this is a three year contract with two one year automatic extensions. Ms. Coy said this is an excellent choice since Ameron has been around for a long time, have an excellent reputation, and already provide us good service in pest control. She asked about the address 706 South Easy Street from the other proposer and whether it was a residence. The City Manager said he did not pick up on that. Roll Call: Ayes: Coy, McPartlan, Gillmor, Adams Nays: None Absent: Hill Passed: 4-0 E. Mayor Gillmor adjourned the CRA Meeting at 7:17 p.m. 11 of 130 5 Regular City Council/CRA Meeting January 13, 2016 Page Five 8. RECONVENE CITY COUNCIL MEETING Mayor Gillmor reconvened the City Council meeting at 7:17 pm. All members were present with the exception of Mr. Hill who had an excused absence. 9. 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 – December 16, 2015 Regular Meeting 16.006 B. Voluntary Early Retirement Program – Approve Addition (Transmittal, Financials) 16.007 C. Approve Sebastian River Youth Football and Cheerleading Association (Sharks) BSSC Lease Agreement (Transmittal, Old and New Leases, Little League Lease) 16.008 D. Approve Fiscal Year 2016-2017 Budget Calendar (Transmittal, Draft Calendar) MOTION by Ms. Coy and SECOND by Mr. McPartlan to approve. Roll Call: Ayes: McPartlan, Gillmor, Adams, Coy Nays: None Absent: Hill Passed: 4-0 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. Mayor Gillmor reported on the first Indian River Lagoon Council meeting held in our Chambers on January 8, 2016, noting all of them were very impressed and pleased with our City staff and facilities. He said during the meeting Doug Bournique spoke about a St. Johns meeting held in Palatka the day before, where they looked at two water farming areas, both in our area and which would take the overflow that dumps into the St. Sebastian River. He said they had approved them and this will bring maybe one to two million dollars into our County, water farming will start and it might not have happened had the Indian River Council not come into being. Ms. Coy asked about the reserved parking spaces at the City Hall complex for the Lagoon Council, noting that between the college and senior center activities are those reserved spots necessary, because when the lot is full they sit there empty when other people need them. Mayor Gillmor said they are going to be hiring staff and they will be there every day. Ms. Coy said other agency’s staff works there every day and do not have reserved spots in the lot. Mayor Gillmor responded it had not come from him, nor does it have anything to do with meetings, but was done as a courtesy by the City Manager because it is going to be the home of the Indian River Lagoon Council. The City Manager said it was not the Mayor’s call, but his to make them feel at home and special. Ms. Coy responded said she wanted them to feel special and Mayor Gillmor asked how are they going to feel when we wipe that out. Mr. McPartlan thought three spaces was a lot. Mayor Gillmor said we will put it on an agenda and we’ll vote on it. 12 of 130 6 Regular City Council/CRA Meeting January 13, 2016 Page Six 11. PUBLIC HEARINGS - None 12. UNFINISHED BUSINESS 16.009 A. Unmanned Aircraft Systems (UAS) – Drones – Consider Future Regulation - (Transmittal, UAS FAQs, News Article 1/2/16 Christopher Burns, Drone Ordinance/Resolution Examples) The City Manager said Vice Mayor Adams had asked that a discussion of unmanned aircraft systems or drones be started, said there has been a lot of noise about drones, FAA registration regulation for drones of .55 lbs or above, and cited the materials provided in the agenda packets, noting an article about any regulation imposed locally that may be preempted by federal regulation and examples of municipal ordinances and resolutions. Mr. Adams thanked him and said FAA regulates 400 feet and above but was concerned with the airspace below 400 feet to protect privacy, our citizens and airport space, but not to hinder police force if they are needed for crime fighting purposes. Ms. Coy agreed with his concerns but noted FAA would not allow us to regulate model airplanes. The City Manager said he did know the significance of 400 feet, cited the issue of enforcement which could be sticky situation if council chooses an ordinance, and the potential problems for the Police Department and FAA since their closest office is in Orlando. Mr. McPartlan asked if we have a drone problem. Mayor Gillmor said he thought we do, that someone told him one came over his pool, that remote planes are flown in a particular place near the County pool, and in an area north of the airport. He said drones can carry cameras and we need to come up with ordinance to protect privacy of people. He said if we have an ordinance it will be hard to enforce but most people will comply and it should be crafted to be something that works and exempt police to use in their work. Mr. Adams said at least if the City has something on books people will be aware and there would be consequences. Ms. Coy said she can see issues down the road. Mr. Adams said it will be difficult to enforce but knowledge that there are consequences will deter people from using the in an improper manner. Mr. McPartlan said this seems silly to him, that drones are not flying all over and kids are using them with no bad intent, and asked why we are doing this when FAA can override whatever we do. Mr. Adams said his primary reason was concern for airport safety, and not for residents only. Mr. McPartlan said you can’t operate them near the airport, and asked if we should we prohibit hoverboards too because they are blowing up, stating we can’t have ordinances for everything. The City Attorney confirmed you cannot operate them within four or five miles of an airport. Police Chief Morris said it is a problem in the neighborhoods. They are being called in for with neighbors using drones, said it is against the law for them to be near the airport or planes, said they do not encourage anyone causing damage to other people’s property. She said it would behoove us to look at an ordinance until the State comes up with laws to regulate them. The City Manager said there are planes operating under 400 feet. 13 of 130 7 Regular City Council/CRA Meeting January 13, 2016 Page Seven Mayor Gillmor said it looks like there is enough consensus to put this on an agenda and have the City Attorney come up with an ordinance. Al Manzi, Holden Avenue, suggested making them register a drone like you do a dog and not operate outside of their property without a permit. 13. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda Al Manzi, Holden Avenue, Sebastian, asked if Collier Creek Estates got taken off City services because when they request town services they get no response, citing requests submitted for pothole repairs and recent repairs where holes were filled with dry rock instead of being patched. He also cited a request to remove Brazilian peppers from the sign at the Englar entranceway. The City Manager said this is one reason staff came to Council in October with the City Engineer assessment of roads and Council made appropriations for roads and canceled some projects. He said as to using coquina in holes and no cold patch, if it is wet we can’t use cold patch because it comes right back up, and while it is true that an asphalt truck is on our wish list, we actually wait until we have enough potholes and do them all at once. He said cold patch is temporary and the asphalt plant we use has been shut down. He reminded Mr. Manzi to call the city help line 581-0111 with any issues or call him at his office at 388-8200. Ben Hocker, Sebastian, said there are concerns expressed about the need for filling holes that occur alongside the sidewalk at the bulkhead at the Yacht Club and are concerned the bulkhead is failing and it might be something to look into. He said it is possible that a subdivision homeowners’ contract may require that they are responsible for pavement and asked if Collier Creek street maintenance was turned over to the City. Bruce Zingman, reported on Shop with a Cop at Walmart, noting he saw police officers giving their own funds if a child ran over the $100, and then read a letter from Friends of Sebastian River to the City stating the City was the recipient of their 2015 Environmental award and invited the Mayor to attend the January 26, 2016 awards ceremony at 7:30 pm at the North County Library and then invited all members of Council. Dave Wortmann reported on the status of the memorial walkway brick program at the Veterans’ Memorial at Riverview Park and cited funds raised and named the recipients of $3500 – By the River, Food Pantry, VFW Post 10210, Eagles for Children of Veterans Christmas party. He thanked, on behalf of their committee, all those who donated funds to the program and gave contact information to purchase bricks as www.veteransmemorialbricks.org or email Davidwortmann@comcast.net or call 954-818- 7405 He thanked the Council for allowing the program and Walmart for supplying flags, and the American Legion, VFW and Elks for their support. 14 of 130 8 Regular City Council/CRA Meeting January 13, 2016 Page Eight 14. NEW BUSINESS 16.008 A. Resolution No. R-16-01 – Accepting Quarterly Financial Report and Adopting Necessary Amendments to the FY 2014-2015 Quarterly Report (Transmittal, R-16- 01, Exhibit A, Quarterly Financial Report for Quarter Ended 9/30/15) 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 Administrative Services Director briefly outlined the 4th quarter amendment which has been reviewed by the Budget Committee. In response to Mr. Adams, Mr. Killgore said the remaining balance is used to fund the emergency equipment account. Mr. McPartlan cited that volunteers gave 2500 man hours over the last quarter and thanked them for their time and the fantastic job they do. MOTION by Mr. McPartlan and SECOND by Mayor Gillmor to approve R-16-01. Roll Call: Ayes: McPartlan, Gillmor, Adams, Coy Nays: None Absent: Hill Passed: 4-0 15. CITY ATTORNEY MATTERS – None 16. CITY MANAGER MATTERS – None 17. CITY CLERK MATTERS – None 18. CITY COUNCIL MATTERS A. Mayor Richard Gillmor - None B. Vice Mayor Jerome Adams Vice Mayor Adams said Main Street looks nice and asked when the center line will be striped. The City Engineer said because a double yellow line takes up to 1 ½ feet it, will not be striped and that reflectors have been installed. Mr. Adams asked if there are going to be arrows at the turn onto Fleming from Main because it looks like you are supposed to turn right. The City Engineer said staff is looking at that and can do it ourselves. C. Council Member Andrea Coy Ms. Coy thanked everyone for Shop with a Cop, and could not be involved this year; asked if we could talk about the sign ordinance at the next meeting or no later than the first meeting in February, noting we became lax with signs when the economy tanked to give businesses a break, and now it is like we don’t even have an ordinance, and her reason is we cannot fairly implement political sign rules, if we are allowing others to violate sign laws. She asked the City Manager to put that on an agenda. She reported that today at the Chamber Board meeting, she asked if they would like to participate or get input and they are dealing with it through the Chamber system and come up with suggestions and many of them agreed there is an issue and needs to be addressed. 15 of 130 9 Regular City Council/CRA Meeting January 13, 2016 Page Nine Ms. Coy said she had talked to the City Manager and wants to sit down with the Art Club and the quilters over in the old council chambers building because there is no lease for the building but rather a verbal agreement, and there needs to be a lease structure going. She said she asked the City Manager to get a meeting for her to sit down with the Art Club and bring it back to Council. D. Council Member Jim Hill - Absent E. Council Member Bob McPartlan Mr. McPartlan said there are companies advertising painted house numbers on driveways and asked if it was a scam. Chief Morris said they don’t know if it is a scam, but it does not comply with city code putting numbers on a residence, nor do they have City permission to paint our curbs. She said the Police Department has put information out on their Facebook page, and the PD does not look on driveways for house numbers and it is against the law to put advertisements on mailboxes. Mr. McPartlan said the City needs three more at-large Charter Review Committee members and people can contact the Clerk’s office; said we need more foster parents and 4Kids is having training on January 30th or people can contact him at 772-708-2900 for information; announced the January 23 final for Treasure Coast has talent and Fort Pierce Central High School; and announced the January 29 Point in Time official count of homeless in our area, noting there are 400 children homeless on the Treasure Coast and there are Veterans homeless and they need an accurate count. He advised to contact him if they know of any to let them know. Ms. Coy said today at the Chamber it came up that we have a significant number of homeless this year on US 1 behind Walmart and in the office buildings along US 1. Mr. McPartlan also talked about other methods of outreach to the homeless, including the HOPE family center. 19. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 8:18 p.m. Approved at the January 27, 2016 Regular City Council Meeting. By: _______________________________ Richard H. Gillmor, Mayor ATTEST:_____________________________ Sally A. Maio, MMC, City Clerk 16 of 130 17 of 130 18 of 130 19 of 130 20 of 130 21 of 130 22 of 130 23 of 130 24 of 130 25 of 130 26 of 130 27 of 130 28 of 130 29 of 130 30 of 130 31 of 130 32 of 130 33 of 130 34 of 130 35 of 130 36 of 130 37 of 130 38 of 130 39 of 130 40 of 130 41 of 130 42 of 130 43 of 130 44 of 130 45 of 130 46 of 130 47 of 130 48 of 130 49 of 130 50 of 130 51 of 130 52 of 130 53 of 130 54 of 130 55 of 130 56 of 130 57 of 130 58 of 130 59 of 130 60 of 130 61 of 130 62 of 130 63 of 130 64 of 130 65 of 130 66 of 130 67 of 130 68 of 130 69 of 130 70 of 130 71 of 130 72 of 130 73 of 130 74 of 130 75 of 130 7 6 o f 1 3 0 7 7 o f 1 3 0 7 8 o f 1 3 0 79 of 130 80 of 130 81 of 130 82 of 130 83 of 130 84 of 130 85 of 130 86 of 130 87 of 130 88 of 130 89 of 130 90 of 130 91 of 130 92 of 130 93 of 13 0 94 of 130 95 of 130 96 of 130 97 of 130 98 of 130 99 of 130 100 of 130 1 0 1 o f 1 3 0 102 of 130 103 of 130 104 of 130 105 of 130 106 of 130 107 of 130 108 of 130 109 of 130 110 of 130 111 of 130 1 1 2 o f 1 3 0 1 1 3 o f 1 3 0 1 1 4 o f 1 3 0 1 1 5 o f 1 3 0 1 1 6 o f 1 3 0 1 1 7 o f 1 3 0 1 1 8 o f 1 3 0 1 1 9 o f 1 3 0 1 2 0 o f 1 3 0 1 2 1 o f 1 3 0 1 2 2 o f 1 3 0 123 of 130 124 of 130 1 2 5 o f 1 3 0 126 of 130 127 of 130 128 of 130 129 of 130 130 of 130