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HomeMy WebLinkAbout02-24-2016 MinutesmLf SEBASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AND COMMUNITY REDEVELOPMENT AGENCY MINUTES WEDNESDAY, FEBRUARY 24, 2016 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Gillmor called the Regular Meeting to order at 6:00 p.m. 2. Invocation was given by Vice Mayor Adams in the absence of Pastor Jeff Woods. 3. The Pledge of Allegiance was led by Council Member Hill. 4. ROLL CALL Citv Council Members Present: Mayor Richard Gillmor Vice Mayor Jerome Adams Council Member Andrea Coy Council Member Hill Council Member Bob McPartlan Citv Staff Present: City Manager, Joe Griffin City Clerk, Sally Maio Special Magistrate, Kelley Armitage For City Attorney, Robert Ginsburg Deputy City Clerk, Jeanette Williams City Engineer, Frank Watanabe Deputy Police Chief, Greg Witt Planner, Dorri Bosworth COUNCIL REORGANIZATION - City Manager Transmittal Mayor Gillmor said he would make a brief statement as follows: that Sebastian is a wonderful place, it has been his honor to serve the citizens of Sebastian as Mayor for many of the years he has served on City Council, but it has come to pass that three of his cohorts are displeased with his current term and he had no wish to continue as Mayor in this current atmosphere, and read Section 2.06 (e) of the City Charter: Vacancies. In the event the office of mayor shall become vacant during the course of a term, the vice -mayor shall succeed to the office of mayor. In the event the office of vice -mayor shall become vacant during the course of a term, a new vice -mayor shall be chosen as the first order of business at the next council meeting. He said he had given his letter of resignation from the position of Mayor to the City Clerk (see letter attached which was provided to the City Clerk in a sealed envelope just prior to the start of the meeting by Mayor Gillmor), said as of this minute he was vacating the Office of Mayor and congratulated Mr. Adams. At this time they exchanged seats and he handed the gavel over to Mr. Adams. Regular City Council/CRA Meeting February 24, 2016 Page Two Mayor Adams said before they continued he was not thrilled about the situation, that as Mayor, Mr. Gillmor has done a fantastic job, and if there was any issue, he would hope he would have been given the opportunity to resolve the issues before situations such as this occurred. He said he would reluctantly take on the mantle of Mayor, a great honor, but the manner in which it was bestowed upon him was not in the way he wished. Attorney Armitage asked if the Mayor is planning on calling for nominations for the Office of Vice Mayor. Mayor Adams asked for nominations. Ms. Coy said she had a question about that. MOTION by Mr. Hill and SECOND by Ms. Coy that this Council's decision for Mayor made at the organizational meeting on November 18, 2015 be rescinded and direct Vice Mayor to open nominations for Mayor. Mayor Adams asked the Attorney if that is how we should proceed. Attorney Armitage responded that we are now in an interesting position because the Mayor has resigned and it would be up to the Council whether to accept that or to call for a general reorganization. He said if the Council accepts the Mayor's resignation then the Vice Mayor would have to specify that he would take over, but if the Council does not accept the resignation and calls for general reorganization, then the motion is perfectly fine. Ms. Coy said she personally does not accept the resignation because there have been two whole weeks for this to have occurred, it is the eleventh hour, and had it been done with time to deliberate with the City Manager or there was some time frame involved she would be more comfortable, but at this time we should honor the Council meeting agenda, noting to her knowledge no one here knew this was coming, and do the reorganization. She said Mr. Adams may wind up being Mayor by their selection. MOTION by Ms. Coy not to accept the resignation. Mr. Hill said there was already a motion on the floor and asked the Attorney if the motion was acceptable to cover a general reorganization meeting. Attorney Armitage said it is up to him as the maker of the motion to accept a friendly amendment. Mr. Hill said he would accept the friendly amendment. In response to Attorney Armitage, Ms. Coy said she had seconded the original motion, so she accepted her friendly amendment also. Attorney Armitage asked if they wished to restate the motion as amended by the friendly amendment. MOTION by Mr. Hill and SECOND by Ms. Coy that this Council's decision for Mayor made on our original meeting on November 18, 2015 be rescinded and direct the Vice Mayor to open the floor for nominations for Mayor and reject the resignation of Mayor Gillmor. Mr. Gillmor asked does this mean that every time we have three people that are upset with the Mayor that we can have reorganization, or the Mayor of the month. Attorney Armitage said whatever powers Council granted with the Charter the Council can undo, so since the Charter specifically grants the authority to the Council to decide who serves as Mayor, the Council can undo that decision at a later time. He said in particular, the Charter does not specify a Regular City Council/CRA Meeting February 24, 2016 Page Three term for the Mayor but it does specify a term for the Vice Mayor, and the only interpretation they could find is that it is intentional, so perhaps his summary could happen. Mr. Gillmor said it sounds like he was interpreting something where the original intent was that the Mayor would be there once a year, and asked doesn't it state that the reorganization would take place after the election, not whenever you want to reorganize. Attorney Armitage responded it doesn't set out a specific term for Office of Mayor but does specify that the Office of Vice Mayor is for one year, and so reasonable interpretation of inconsistencies like that is that it must be intentional, especially by the number of Charter Review Committees that have reviewed this, and there must be a specific reason why the Mayor does not have a specific term, and the only interpretation is that whatever the Council giveth the Council taketh away. Mayor Adams asked for a clarification of the motion, and Mr. Hill said the motion was to deny acceptance of the Mayor's resignation and to move that this Council's decision for Mayor made at our organizational meeting on November 18, 2105 be rescinded and direct the Vice Mayor to open the floor for nominations for Mayor, and was seconded by Ms. Coy. Mr. Gillmor asked if there would be public comment on this. Tina Cafro, 631 Bayfront Terrace, Sebastian, said she was shocked because she thought Mr. Gillmor was doing a fantastic job, was disgusted that members of Council can't work together on behalf of the members of the town, and the bickering among them is appalling. Norman Meyer, 107 Woodstork Way, said however the Council decides, thanked Mr. Gillmor for his work on the pollution of the Indian River Lagoon. Mayor Adams called for a roll call, but Ms. Coy asked for Council deliberations. Mr. Hill said enough was said at the last meeting, his goal was not to embarrass anyone, appreciated the work of all five individuals sitting on the dais today, but when he gets concerned about the direction he sees, then it is his responsibility as a Councilmember to police the Council and ask fellow Council members if they agree with him. He said he finds this Council has not been moving in a direction he is pleased with, had concerns of Councils of 2007 and 2008 where there were terrible things going on and did not want to see that happen. He said again he appreciates the hard work of all five individuals up here, looks forward to going forward and resolving all the issues we have in Sebastian efficiently and as a team like we have done in the past, be able to disagree and move on to the next issue. Ms. Coy said she got a lot of phone calls today, was disappointed to she is hearing that this is because Mr. Hill aspires to higher office and that she didn't believe that at all. She said she too prefers not to air stuff and would rather let it stay where it is, admires Mr. Gillmor for resigning knowing something was coming, applauds the work he has done on the lagoon, said an IRL Council member does not have to be Mayor to serve, and nothing will change. She said she appreciates the transparency, cited the email from Ms. Munoz which was a good summary, and said it is time to move on. Roll Call: Ayes: Coy, Hill, McPartlan Nays: Adams, Gillmor Passed: 3-2 Regular City Council/CRA Meeting February 24, 2016 Page Four Mayor Adams opened nominations for Mayor. Mr. Gillmor nominated Jerome Adams Ms. Coy nominated Bob McPartlan Roll Call on nominations: Coy — McPartlan Hill — McPartlan McPartlan — McPartlan Gillmor — Adams Adams — Adams Mr. Adams congratulated Mayor McPartlan and handed over the gavel. Seats and name plates were changed. Mayor McPartlan opened up nominations for Vice Mayor. Attorney Armitage advised that Mr. Adams stays Vice Mayor. 6. AGENDA MODIFICATIONS - None 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. 16.035 A. Proclamation — March for Meals — Accented by Karen Dieal. President/CEO — Senior Resource Association Mayor McPartlan read and presented the proclamation and presented it to Shawna Callaghan. Ms. Callaghan briefly cited program statistics, stressed the importance of healthy meals for seniors, and invited the Council Members to spend a day delivering meals which takes place from March 21 through March 24 at 10 am at SRA headquarters. 16.036 B. Presentation by Indian River Countv Mosauito Control — Doua Carlson. Director Mr. Carlson gave a brief Power Point presentation on mosquito control in Indian River County (see attached). Mayor McPartlan noted there are slides on COS -TV that can be updated with this information. Mr. Carlson announced the District's phone 562-2393 and website www.irmosauito.com and said any groups that would like a similar presentation can contact him. C. Brief Announcements March 18 — Chamber Concert in Riverview Park 5:30 — 8 pm — Heart of Oak Mayor McPartlan read the above referenced announcement. Ms. Coy said she attended the Pelican Landing Assisted Living open house today, said they are 40% booked, and scheduled to open at the end of April. Regular City Council/CRA Meeting February 24, 2016 Page Five 8. Recess Citv Council Meetina and Convene as Communitv Redevelopment Aaencv A. Mayor McPartlan recessed the City Council Meeting and called the CRA Meeting to order at 6:44 p.m. Roll Call: CRA Members Present Mayor Bob McPartlan Vice Mayor Jerome Adams Council Member Andrea Coy Council Member Hill Council Member Gillmor B. Approve January 27. 2016 Minutes — Excerpt from Council Minutes MOTION by Mr. Hill and SECOND by Mayor McPartlan to approve the 1/27/16 minutes. Roll Call: Ayes: McPartlan, Adams, Coy, Hill, Gillmor Nays: None Passed: 5-0 C. Award Facade. Sian and Grant to Capt. Hiram's. 1606 Indian River Drive, 50% of the Cost up to $7.500 (Transmittal, FSL Grant Funds Summarv, Summary of Staff Review Meetina. Application. Backup) Dorri Bosworth presented staff report on the Captain Hiram's FSL Grant application to change out panels on their existing sign with new colors and updated logo, a new fence, a new sign for the new hotel building which will open this weekend, and replace an awning. She cited staff review to determine if it met FSL grant intent which is to remove blighted non- conforming signs, noting Hiram's had received a grant in 2008 to replace non -conforming signs. She said staff felt that the request for $15K did not quite meet all grant requirements but that since they were going to be updating the site they would leave it up to the CRA to review, agreed with the committee, but thought $7,500 was a fair grant. The City Manager said staff is recommending approval. MOTION by Mr. Hill and SECOND by Mayor McPartlan to award Captain Hiram's 50% of the cost at $7500 for sign refacing, new signage, fencing at hotel and awning replacement. Tom Collins, Captain Hiram's, said they are constantly upgrading the property, believed some of the signs were conforming but needed updating, are putting a fence up and replacing an awning that is kind of dilapidated, at a cost of $35K to $40K, so he talked to staff, noting they are big taxpayers, their taxes help to fund the CRA, and it would be helpful to them to upgrade. Damien Gilliams, 1623 U.S. 1, asked are we back at this again, Council knows the intent of the program, we have septic tanks that are polluting the river and you have business people looking for welfare that does not meet the intent of what the CRA stands for and it is despicable. He said if they approve this and continue to let our river be polluted and not get some of our businesses off septic systems, then the whole purpose of the program is a sham and a sludge fund. He said the parking the City put in with CRA money is being torn up, for it to be sent by staff is an insult, and Mr. Collins should be ashamed. Regular City Council/CRA Meeting February 24, 2016 Page Six Vice Mayor Adams said he could not see how staff could recommend this for a grant when they themselves admitted it really doesn't meet the criteria to be awarded a grant and their signs are not non -conforming, the grant is there to help people who have non -conforming signs and bring them into compliance with our code and not to redo a conforming sign or build a new fence. He said he did not think it meets the requirements. Mr. Hill said we have given grants for new properties and new construction, citing a grant for Tire Kingdom, and this should have been considered within the confines of the grant and brought forward to CRA for a decision. He said in regard to the $7500 being discussed, and the bloviating about us wasting money on beautification for businesses, which is what the FSL grant is all about, and not doing enough for the lagoon, we actually have money specifically set aside to help people get off septic. He said the true intent of the grant is beautification of the riverfront district, money being poured into this property by the owner benefits the City, and it is reasonable to provide some of the tax dollars they are generating on their property in the CRA to specifically go back to businesses, and more than reasonable for them to ask for a matching grant. He said enjoys the river and Sebastian all the time, and staff did a good job of providing a recommendation on this. Mr. Gillmor said the only sign he sees that meets the criteria, agreeing with Mr. Hill that we have done signs for new business, is the new sign K on page 32 of the agenda packet. He asked Ms. Bosworth if there were figures on the cost for that. She responded the total amount was $26K and that they are not broken apart. Mayor Gillmor asked if we have had similar signs come through here for about $7K to $9K, and Ms. Bosworth said yes, monument signs. Mr. Gillmor said he would have trouble paying for the whole sign, and said that would be the only part that meets criteria for FSL grants, agrees with Vice Mayor Adams, and would have a problem with $7500. Ms. Coy said there are new signs on page 32, page 33, and page 34, plus a new business name, though she understands some of his point, but we are not giving even a 50% grant, for a total cost of $26,000. She said many times we have redone monument signs when someone went out of business, said with a new business name the amount is apportionate. She said we have separate money for sewer that we are very generous with and every year there is $100K sitting out there, and the speaker received some of that to redo their business, and this is separate CRA money for Facade, Sign and Landscape. McPartlan was in agreement with $7500 for new signs and updating signs. Roll Call: Ayes: Coy, Hill, McPartlan Nays: Adams, Gillmor Passed: 3-2 D. Consider Moorina Field Cost Estimates (Transmittal. Estimates) The City Manager said he was instructed in January to bring forward cost estimates for a mooring field, the City Engineer worked up the numbers and they are in the packet. Mayor McPartlan said he cannot see the City getting into the mooring business, wanted to see the numbers, and if someone wants to do it a public/private partnership and get into the mooring business and bring it back to us, God bless them. Members of Council agreed. Vice Mayor Adams said this amount of money could be used elsewhere, this is not a priority and we should not get involved, even if there is a public/private partnership. Regular City Council/CRA Meeting February 24, 2016 Page Seven Tom Collins said discussion of mooring fields started many years ago around the time of the 2004 storms, when boats damaged property and he thought mooring fields would help. He said the numbers seem kind of high, this is not a money maker, just an effort to control the boats, and maybe ten years from now it might make some sense. He thanked them for their consideration, said perhaps the Working Waterfront people might want to get involved in it, and he will work with the Coast Guard to regulate the anchored boats. Ben Hocker, Sebastian, said he believes there is $18,000 still budgeted for mooring fields and if so it should be used for the bulkhead at the Yacht Club which is deteriorating. 9. Adiourn Communitv Redeveloament Agencv Meeting and Reconvene as Citv Council Mayor McPartlan adjourned the CRA Meeting and reconvened the City Council Meeting at 7:05 p.m. All Members of Council were present. 10. CONSENT AGENDA A. Approval of Minutes — February 10, 2016 Regular Meeting 16.020 B. Authorize the Execution of Letter Regarding City Clerk Sally Maio Voluntary Early Retirement Incentive Program Benefit (Transmittal, Letter) 16.021 C. Authorize the Purchase of One Tractor from Deere & Company Under the State of Florida Contract #2100000-15-1 in the Amount of $90,026.58 and One Boom/Ditcher/Mower from Ring Power Corporation Under Florida Sheriffs Association Contract #15-13-0904 in the Amount of $72,860 (Transmittal, Quotes, Contracts, Pictures) 16.037 D. Authorize CSA -6 With MBV Engineering, Inc. Continuing Services Agreement to Provide Surveying, Engineering, and Structural Design Services for New Police Evidence Building In the Amount of $27,500 (Transmittal, Scope) MOTION by Ms. Coy and SECOND by Mr. Hill to approve the consent agenda. Roll Call: Ayes: Hill, McPartlan, Gillmor, Adams, Coy Nays: None Passed: 5-0 11. COMMITTEE REPORTS & APPOINTMENTS 16.038 A. Natural Resources Board (Transmittal, Applications, Ad, List) i. Interview, Unless Waived, Submit Nominations for One Unexpired Regular Member Position — Term to Expire 7/1/2017 With Option to Fill Alternate Member Position The Deputy City Clerk reported that the only other applicant, Rachel Jussaume, had withdrawn, leaving only alternate Vicki Tunker. Ms. Tunker was appointed to fill the regular position to expire 7/1/2017. Regular City Council/CRA Meeting February 24, 2016 Page Eight 12. PUBLIC HEARINGS 16.009 A. Second Readina and Public Hearina of Ordinance No. 0-16-01 — Drone Reaulation — (Transmittal. 0-16-01. F.S.934.50) 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. (PJ Ad 2/10/16) Attorney Armitage read the title of Ordinance No. 0-16-01 and Mayor McPartlan opened the Public Hearing at 7:06 p.m. MOTION by Mr. Gillmor and SECOND by Mr. Adams to approve 0-16-01. John Olsen said he recently purchased a drone, and said, if you want to fly you are to call an airport, and since Sebastian does not have a tower, who would he call. The City Manager said he could get in touch with the Airport Manager. Shawn ??, read from a December 17, 2015 FAA statement recommending that any State or Local Government contact FAA with drone issues first and asking that they not impose regulations, to prevent a patchwork quilt of different restrictions. Mayor McPartlan asked him to leave his information with the City Manager. Mayor McPartlan cited a letter of objection from resident Todd Smith which had been emailed to Council Members today and placed in front of them at the dais (see attached). Mr. Gillmor said this ordinance was well thought out, noted that it made exceptions for lawful businesses, citing a friend's real estate business that uses drones for business, that our ordinance exempts government, law enforcement, and business enterprises and thinks the intent is not to restrict but to keep drones from becoming a nuisance. He noted that the Chief of Police recently told us there are more and more nuisance issues with drones. Vice Mayor Adams read a prepared statement into the record supporting the ordinance (see attached), stating his support for the ordinance. Mr. Hill said Council is five individuals who sometimes disagree and that can't be taken personally, said he disagrees with the ordinance because he believes we have ordinances in place that protect the public. He thanked Ms. Coy for finding the State law in regard to drones which goes well beyond what this does to protect privacy of citizens, said we should not be regulating toys, we cannot regulate safety and he could not support the ordinance. Mr. Gillmor said it is clear we are not talking about toys but something larger, that Chief Morris gave us good direction and was concerned, and it is something we should do and can because of home rule. Mr. Hill read the definition of drone, and said that definition includes those helicopters. Ms. Coy said the statute is clear, we have FAA regulations, and read from portions of FS 934.50 regarding prohibitions, noting paragraph B prohibits use of a drone with a recording device by a "person" as well as other agencies and maybe that needs to be addressed by Regular City Council/CRA Meeting February 24, 2016 Page Nine the Police Department. She said she would be willing to put off one more meeting to make sure. She asked the City Manager if he was comfortable with the Statute, said we have parachuters, now we have gliders, asked are we protecting the airport and how many miles around the airport does the regulation cover. The City Manager responded 1000 feet and three miles, reminded Council about the preemption issue, it does seem the Florida Statute is all encompassing, and noted the FAA regulation that was due to come out in September has not come out yet. He agreed with the speaker who brought up the patch work of regulations that may be created, and said that is what FAA is concerned about. Ms. Coy said she sees potential abuse of use of drones, noting there have already been issues reported, cited the example of a scrappy neighbor taking pictures of something over your property, and bringing it to the Police Department. She said she wants to protect children and private property rights but there is overreach and thought State and Federal regulations are sufficient, and knows realtors who are properly licensed to use drones. Mayor McPartlan said the drone issue has gotten personal, that air space over your house is United States government property, run by the FAA, and no matter how many ordinances we draw up, if neighbors have problems they will still have problems. He said no one is more concerned about keeping kids safe than him, but this ordinance is not going to change that. Roll Call: Ayes: Gillmor, Adams Nays: McPartlan, Coy, Hill Failed: 2-3 13. UNFINISHED BUSINESS - None 14. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda Graham Cox, 1213 George Street, Sebastian, addressed Council on his recent attendance at the IRL Council symposium on the condition of the lagoon, where the Chairman asked people to suggest actions that could be taken right now to improve the lagoon. He said Bob Stephens, who was here tonight, explained to the Council about spraying of herbicides along the canal banks which he believes are killing birds and making its way to the lagoon. He said his property backs up to the same canal, has observed the diminishing of birdlife, and it is rare to see someone fishing on the banks of the Stormwater Park. He said the main herbicide used is Roundup Custom, said he spoke with the Applied Aquatics District Manager, Wade Pharis, who provided him the MSDS sheet detailing chemicals being used, and he then provided that information to Council, City Manager and IRL Council Director, as well as several articles on the effects of the herbicide on fish and other wildlife. He said in his opinion this goes far beyond the City, and it would be encouraging if we took the lead to discuss non-toxic methods, and then he asked Council to agree to consider this information and suspend herbicide spraying until there is a better understanding. Mayor McPartlan said he received the emails and will forward them on to the City Manager and confirmed that the City Manager is looking into those chemicals for assurance that they are approved by DEP. The City Manager said we use Applied Aquatics to spray a number of areas in the City and noted there are tons of birdlife at the Airport and Golf Course, and sand hill cranes are even a detriment to traffic flow and thriving. He said he questioned Mr. Stephens to see if he had seen any carcasses of dead animals and he said no, so perhaps 9 Regular City Council/CRA Meeting February 24, 2016 Page Ten they are migratory or don't like his back yard because they are elsewhere. He said Applied Aquatics is licensed by the State of Florida, and do work for SJRWMD, Fish and Wildlife, and did not know if there was more we can do. He said just because they suppose something is wrong doesn't necessarily make it so, and noted we have a mandate from SJRWMD for the Hardee Park project where we have to use herbicide to control growth. Mayor McPartlan said the only other thing would be to do it manually, maybe we could contact the Sheriff and see if he had some labor, because the cost of doing it manually would be astronomical. The City Manager said Roundup is one chemical they use, but there are different kinds, noting they use a diluted Roundup at the Golf Course. He said he would take direction from Council. Ms. Coy said she would like to see list of what is sprayed in canals from Applied Aquatics, and thanked Mr. Cox for his research, but wanted to see it from the horse's mouth. She said she does not use Roundup at all, and perhaps could discuss some more. Bob Stephens, Concha Drive, Sebastian, said he has invited people to come to his house to look at wildlife before and after spraying, doesn't know why the City Manager is bent on spraying chemicals, noting grass turns yellow to black after spraying, fish are gone and birds don't come back anymore. He said this is bad stuff, and those attending the symposium said we have to stop what we are doing, citing dying grasses in the lagoon. He said there is money available from IRL Council. He cited an example of a neighbor whose visiting grandchildren swam in the canal and took two showers to get the chemical stink off, and when freshly sprayed he needs to shut windows because of his COPD. He cited DEET, Agent Orange and the Love Canal, and volunteered to get a committee together. Mayor McPartlan said he could go to Natural Resources Board. Bill Rigby and Arda Rigby, Wabasso, addressed City Council on the November 18u' Council meeting regarding the CNG facility and contractual obligation with Waste Management, stating he was confused and seeking clarity. He asked if the CNG mentioned in the contractual obligation for the waste haulers was tax payer money. Mayor McPartlan said it was not, but was a contract we made with them for pickup of trash, but that we did not make a CNG facility, citing that if Waste Management was to obtain the recycling for the County, we would look at incorporating a CNG station, so we are at an impasse with Waste Management trying to work out what was in the contract and everything along those lines, so there is no current CNG and no taxpayers' dollars involved in that. Bill Rigby clarified that part of the contract was just voided. Mayor McPartlan said we are in talks with Waste Management concerning that. Bill Rigby then asked, if they incorporated it in the contract, what law was the City following. Mayor McPartlan said this is the beauty of contracts and why there are so many attorneys out there to try to work it out and get to the bottom of it and resolve it, and it is ongoing. Bill Rigby said he has been a contract manager for over 20 years, has monitored contracts, and understands being told he can look at it this way or that way, but had a problem with that, because if it's a contract, it's a contract and whatever is written in the contract is written in stone, and binding, and he would have to abide what is in the contract. 10 Regular City Council/CRA Meeting February 24, 2016 Page Eleven Mayor McPartlan said he had one minute left to speak and advised he speak to the City Manager. He said this has come up and they haven't done it but we can't say your contract is null and void and then nobody is getting their garbage picked up. Bill Rigby said he is not here to say a contract is void, not here to say no one is going to get their garbage picked up, just trying to find out the legal ramificationsl. Mayor McPartlan responded so are we. Bill Rigby said you are saying we are trying to work it out, but heard in this Chamber that one said it is a default and one said it is a major breach of contract and asked if someone would please tell him what is a major breach of contract and what is a default. Mayor McPartlan said if you talk to three different lawyers you will get three different answers, and up on Council some consider it a major breach of contract and some did not, but they are not attorneys and are in discussion with them and trying to resolve the situation. He then advised Mr. Rigby that his five minutes of input time was up. Bill Rigby asked him if he was saying it was an attorney issue. Mayor McPartlan said he was saying we have a contract with Waste Management, that was one of the things in the contract, and was it a deal breaker that is going to end the contract, not necessarily, and to get out of the contract will require legal action on both the City's and Waste Management's side and a lot of litigation, so he can't give him an answer because he is not an attorney, and can't tell him what the Council wants to do going forward with the current contract. Mr. Rigby asked the Clerk to make a note to the record that he asked several questions and did not get the answer that he wanted to get. Mayor McPartlan said his public input time was up. Ardra Rigby asked if he could give Bill Rigby his time and the Mayor said Ardra Rigby can use his own time, and Ardra Rigby said his question is the same. Mayor McPartlan said his answer is the same as it was before, and if they are not happy with the answer he is sorry. Bill Rigby asked if he was saying is that under their parliamentary procedure he can't give direction to the Clerk. Mayor McPartlan said this is a public meeting and what he has said will be transcribed as well as being taped. Mayor McPartlan said Mr. Rigby can say it or he will say it himself, he didn't answer his question to his sufficiency. Bill Rigby said not to his sufficiency, according to the law. Mayor McPartlan said that is the end of the time. Ms. Coy said you have to be very careful when something is under litigation, and anyone familiar with law and contracts would know that we have to be very careful in our dealings, and this is in the attorney's hands and we are not trying to be nasty about the issue, but are waiting for the attorney to come back to us as a governing body. Ben Hocker, Sebastian, commented that he was tired of being awakened at 6 to 6:10 am every time Waste Management picks up garbage and thinks the contract says 7 am, and the cans are not dropped in the same locale and the lids are open. He congratulated Mayor McPartlan, and asked if he needed to be sworn in. The City Clerk said the officers are not sworn in (Council Members are each sworn after elected prior to the next regular meeting and Mayor and Vice Mayor are elected from among the five Council Members once seated). Mr. Hocker said he did not see a natural gas facility here. 11 Regular City Council/CRA Meeting February 24, 2016 Page Twelve Andrea Ring, Natural Resources Board, said property owners can put out a sign in front of their house asking them not to spray and they are not supposed to spray, stating herbicides are not biodegradable, and stay in the water. Damien Gilliams thanked the Mayor for taking his call today and getting back to him, when he asked if he would support Mr. Adams if Mayor Gillmor resigned and now understands why, because there was a conspiracy this evening, and was disturbed by what transpired, and for the record, thought it was unethical. He said we are not in litigation with Waste Management and has not been a causative action against them, so let's get the record straight, Waste Management is in default for not fulfilling the terms of their contract and the City is trying to renegotiate for the record, so if you give a straight answer you don't have to dance around, and if you don't know, direct it to your attorney to explain. Mr. Gilliams said he did not receive a dime from the City for a septic system, it was set aside. He said he was disturbed by what's going on with surplus property here at City Hall between the Art Club, Senior Center, the Embroidery Club and seems like everyone is trying to get free space and told the City Manager you need to have a standard operating procedure, noting there is one for surplus property and how it is to be disposed, and not be given to friends of the Council, but advertised and put out to all clubs to have an opportunity to get space and if we have to charge then charge. He cited the Senior Center charge of $1 per visit, and it is appalling to him that Ms. Coy is writing checks to her favorite organizations in the community with money raised on City property. He said Council needs to direct staff to get it's house in order with non -profits so surplus property is disposed of in a proper manner, and favoritism is not being handed out to certain groups. He said special Council people are getting special deals around here, thanked the City Manager for setting aside $700K for roads and swales which are deplorable, we need more money and a management plan in place to fix them. Mayor McPartlan noted his time was almost up and Mr. Gilliams asked if he was keeping track. Mayor McPartlan said he was and he keeps track of every call Mr. Gilliams makes to him, every phone call he returns and said Mr. Gilliams plays bits and pieces of what he wants the public to hear and is very gifted at it, he puts on a spin and that's the way it is, but it is not the way it is. He said he talks about the Senior Center like it is a Council Members' piggybank but it is the senior center that does that and if someone didn't have the dollar, I'm sure someone would take a dollar out of their pocket and come in there for free. He said there are people who actually believe some of the things that Mr. Gilliams says. Mr. Gilliams said they should have their paperwork on file and asked why doesn't he check their bank account. Ms. Coy asked to respond to some of the accusations, and welcomed back Mr. Gilliams, agreed the public has the right to know the truth. She said to start, Andrea was not on vacation for Waste Management item but was right here, that we are not in default at this point in time and our attorneys are working with Waste Management attorneys, so that was a bunch of bunk and baloney. She said she was sorry that three members of the Senior Center board just left, because she is not comfortable sitting up here speaking for them, that they do indeed ask for a dollar, and if someone doesn't have a dollar they get a bye, and there is no membership fee like other clubs. She said all anyone has to do is stop by the center to see them, it is a wonderful activity, and to disparage an activity that the board and seniors run, and say it is a council member's project is wrong. She said the paperwork will soon be at City Hall, because all non -profits who get space are being asked to provide it. 12 Regular City Council/CRA Meeting February 24, 2016 Page Thirteen The City Manager said letters went out to 11 organizations. Ms. Coy said including the Senior Center, and they will all be asked to provide our documentation for being a non-profit and all non-profit organizations in the City who receive discounted services for park use, building space, will be under the same guidance. She said it may have taken too long, but everyone will be treated the same, that all the Senior Center finances are available for review, their information is going to be on-line and transparent, said she will continue to respond to bad information, stating it is a game to him but not to her. John Olsen said it takes nine years for avocados to grow, and since they are weeds, they are killed by herbicide; said he lives on Schumann and Audubon, and the sidewalks are in terrible shape, was told the City would fix them in October, but cones were placed, and he has a hard time walking around the cones. He said when he bought his property in 2002 they said he would get a bulkhead, his neighbors tried to repair theirs but were not allowed, there is asbestos and it either needs to be removed or covered up. Mayor McPartlan advised him to contact the City Manager, and he could post a sign for them not to spray herbicide. Thomas Bowman, George Street, said they spray in the canal behind his house and wildlife stays away for a few days, there was a mishap that destroyed grass at the golf course and what if a bid mishap happened and rain washed out it all to the lagoon, and asked if he put up a sign will they clear by hand, or just let it grow. He said he moved to a new house next door to him and Waste Management said the new price would be $14 but he know it was supposed to be $11, happened to his next door neighbor and wondered if they are overcharging other people. Mayor McPartlan said the City Manager would give him the number for Bob Delacruz and the rates are on COS -TV. He said he had another neighbor moving in and hoped it did not happen to them. Ms. Coy said she wanted to be there when they call, and told Mr. Bowman he brought it to her attention and she brought it to Waste Management and the City Manager, and has some ideas on how to check. 15. NEW BUSINESS - None 16. CITY ATTORNEY MATTERS - None 17. CITY MANAGER MATTERS The City Manager said March 23, 2016 is City Clerk, Sally Maio's last meeting and he would like direction on how Council would like to proceed on her replacement, and if they would like to talk to him individually, just let him know. 18. CITY CLERK MATTERS The City Clerk announced that early voting for the Presidential Preference Primary will take place in Sebastian Council Chambers from Saturday, March 5 through Saturday, March 12 from 7:30 am to 4 pm each day, and is open only to Republicans and Democrats. 19. CITY COUNCIL MATTERS A. Council Member Jim Hill Mr. Hill said he had the greatest amount of respect for every one of the Council, looks forward to do grateful to do the tasks we have been hired by the citizens to do, and as we go forward, he hoped we can move forward in a way that is best for the people of the City of Sebastian. 13 Regular City Council/CRA Meeting February 24, 2016 Page Fourteen B. Mavor Bob McPartlan Mayor McPartlan said he attended Little League opening day last Saturday, City personnel did a great job on the fields, attended and spoke at career day at Gifford Middle School, and some Council Members have been invited to speak at Sebastian River and Storm Grove Middle Schools and encouraged them to take the opportunity to speak to the young people because they have a lot to say and hopefully will be compassionate good future leaders. He then reported that Castle had a memory field event today with 145 flags each representing a child who died as a result of child abuse or neglect in the past year on the Treasure Coast, noting if we could stop for at least one child, that child could change the world. C. Council Member Richard Gillmor Mr. Gillmor said he had some things he had been working on: 1) the SHIP program for affordable housing, noting that Sebastian is approved for up to $200,000 per year for affordable housing and he spoke to Elizabeth Woodruff, Director from Ft Pierce, who sent him three e-mails including information about the program, basically the government gives you $200,000 to use for fixing up houses, or down payments, and the only requirement is that you administer it, or you can hire someone to administer it for you and pay with the funds. He said if you don't ask for it, another City will get it. He asked for permission to forward those emails to the Mayor through the Clerk's office for him to look at and bring it back to Council. Mayor McPartlan said some of the dollars are transferred to the County and they administer some of those funds through the Treasure Coast Homeless Services Council, said we have some of the programs listed on COS -TV, with the key to get them before they become homeless. Mr. Gillmor said there is $200K available to the City if we opt in to the program. Mayor McPartlan said if he could get those emails tomorrow, he has a meeting with the Treasure Coast Homeless Services Council. Ms. Coy said the County administers SHIP and Sebastian residents have received funds. Mr. Gillmor asked wouldn't you like to have it here and you can pay a company to administer the funds. Mr. Gillmor said another item he would like Council to take a look at is the few canal walls that are failing, said he was at Mr. Johnston's on Joy Haven and the canal section looked like it had gone another foot and half, had pictures he had forwarded to the City Manager, had pictures from a year ago, and said he did not how it can last another year, we have to come up with some type fix for that and Council has to talk about it. Mr. Gillmor said he had been taking a look at contracts lately and it appears that when we write a contract, such as Kerns Construction, or whoever does our work, there is boiler plate wording no matter what the job is. He said it is our job to peruse the contract when it comes to City Council. He cited three Kerns' Construction contracts, one for golf course restrooms with a liquidated damages built in of $100 a day and they were supposed to be done January 15'", and didn't make the deadline, and he sent an e-mail to the City Manager assuming they were in liquidated damages, and was told they were not and had another month. He said the same company had restrooms at City Hall complex and there is also a golf course irrigation contract and they both also had $100 per day liquidated damages and this needed a fix, citing the large difference in the contract amounts. He noted that Kerns' also has a $500K+ contract to put in a golf course storage facility and it is important to get it 14 Regular City Council/CRA Meeting February 24, 2016 Page Fifteen done in a certain amount of time, because if we don't that FAA grant will be in jeopardy. He said he will be looking a lot closer at contracts in packets and hoped we can do something different than $100 a day. D. Vice Mavor Jerome Adams Vice Mayor Adams said Council made history today with the reorganization, finds it unfortunate, was disturbed at the way Mr. Gillmor was treated and if there was a problem, it should have been brought to his attention with an opportunity to rectify the situation before any action was taken. E. Council Member Andrea Cov Ms. Coy said the only place we can rectify those issues is here. Vice Mayor Adams said he would have liked to have given Mr. Gillmor the opportunity to rectify whatever the differences are. Ms. Coy said she would like to agendize Ms. Maio's retirement for the next meeting because we have to deal with it to see what we are going to do to fill the Charter Officer slot; and, would like to invite the Art Club back to see where they are, get a status and discuss the lease on the 3123 agenda. 20. Being no further business, Mayor McPartlan adjourned the Regular City Council meeting at 8:27 p.m. Approved at the March 23, 2016 R ular City Council Meeting. By: /O " / WZCIW' Bob artlan, Mayor ATT ES . Xt Sally A. A10, MMC, City Clerk 15 February 24`' 2016 To; City Clerk Sally Maio; Subject; Resignation of Mayor I Richard H. Gillmor, resign the office of Mayor of the City of Sebastian effective immediately after my opening statement at tonight's City Council meeting. I do not resign the office of Council member to which I was duly elected to last November. I thank all my supporters and City employees whom I have had the pleasure of working with these last 7 years. God Bless• I-MOSQUI-0-1/, Control Awareness Week (unc 2222 —'X. ' 14 AM*A Transmission cycle for viruses present in Florida every year: West Nile, St. Louis encephalitis & Eastern equine encephalitis Mosquitoes that transmit West Nile and St. Louis encephalitis viruses come from water sources like this... Only two Florida mosquito species can transmit dengue viruses! Dengue transmission cycle Aedes aegypti "Yellow fever mosquito" DengueMap Visit the CDC Dengue Pace A CDC-HealthMap Collatloratio^ vo North Pacific Ocean North - .. .J At tan tic _ pyo lfe1 Ocean�r' ....0 � ObYa ,1SudM Indian South Q op South+ Ocean ` Pw Wie Pacific s Atlantic a� « Ocean Ocean bNn 91 HealfhfAap Reports: Recent reports of local and regional dengue or Imported cases of dengue from official, newspaper, and other media sources. View source O Country Level 4 Local or Province Level Mongalie w..�.�'. • � ..� cmna Chikungunya virus - Likely to reach USA and transmitted by the same mosquitoes as Dengue viruses Mosquitoes that transmit dengue viruses come from water sources like this... 4' AO, r&IMA W a 11 A 0111.19.1 ... V%%t%Eisme 01 Protecting Florida from Dengue and Chikungunya through the control of A e. aegypti and A e. albopictus Workshop June 3-4, 2014 11IONNO I GAtoP Successful dengue control is dependent on community participation to remove mosquito - producing containers from homes and workplaces. Mosquito control and local health departments can only help, not do it all! IRMCD website: www.irmosquito.com lO c www.irmosquito.com Todd N. Smith, P.E. 121 Hinchman Ave. Sebastian, Fl. 32958 772-559-3699 tnspe@bellsouth.net February 24, 2016 City Council City of Sebastian 1225 Main St. Sebastian, Fl. 32958 RE: Proposed Drone Ordinance Dear Honorable Council: This letter shall serve as my notice of opposition to the recently proposed drone ordinance. I have been a citizen of Sebastian for many decades and raised my family here. I have been a practicing engineer in our community for approximately 30 years and sat on a professional services advisory committee that assisted the Indian River Count Commission in developing new ordinances from 1990 to 2010. First let me say that it is my opinion that the ordinance is a "knee-jerk" reaction to the introduction of privately owned drones in our community and possibly some isolated adverse events. I find the ordinance is written in a way that is overly restrictive, hard to enforce, and poses challenges for the operator to comply with. Important questions that should be asked is: If I am an operator how will I know when I breach that arbitrary boundary of 35 ft. There is no instrumentation on my drone that will advise me of that. Is there any science behind the determination of this number that determines that at that height and below safety is increased? I think potential safety hazards might actually be higher with the drone flying in such a low position relative to trees, power and cable lines, etc. Additionally, the higher the flight the odds are the more attentive the operator will be with the equipment. The 35 ft. limitation is far too restrictive compared to FAA regulations. Why can is not be used at night? Most people that own them probably would not want to take the risk of losing the drone during night but if someone wanted to use it for some night photography and fly it in a responsible manner why should that be restricted. As a private citizen with this ordinance, one can fly the drone on their property but can not take a picture of a bird or a flowering tree in a neighbor's yard? Yet, they can stand on the ground with a camera and take the same picture. I'm confused about the logic behind that and the need for this ordinance to regulate photography in such a way? In today's society people are taking pictures using their cameras and cell phones of all kinds of things that are not on their property and for the most part completely unregulated. 4. If a citizen flies a kite on their property does it pose any less hazard than a drone? 5. To what extreme shall a person have to go to assure he stays within designated boundaries? How are they going to deal with uncontrollable features such as wind strength and direction that could instantaneously change at different elevations outside of their control? No matter how much experience a person may have the flight of the drone can be influenced by this. Whereby, once the drone technically leaves a property boundary that person has violated the ordinance even if they have total control and brings it back into their boundary. How enforceable is that? The parts of the ordinance that make sense regarding lasers and weapons I believe are covered by FAA policy and other laws and regulations that are in place. I believe our police force currently has the ability to take action against anybody using equipment to harass people, animals, etc. As a community, I believe we are constantly over -regulating ourselves with ordinances. Why at this time is there such a need of a more restrictive ordinance that the regulations dictating by the FAA without researching all the issues that could affect this issue. I hope that you will not pass this ordinance this evening. Take the time to evaluate how much of an issue this really is throughout the community. Give our citizens the chance to act responsibly with this technology. Be more positive than a restrictive ordinance and document where citizens can go to fly the drones and have fun with their families, such as parks, beaches, etc. Encourage citizens to fly these in provided areas where they don't have to worry about conditions outside of their control. Give the staff the time to really put some research and science behind the development of an ordinance that is reasonable and enforceable. The council still always has the authority to re -visit this at any future date if it really becomes warranted. Sincerely, Todd N. Smith, P.E. Drones What is a drone? It is an unmanned aerial vehicle. In today's world a drone is typically a remote controlled flying machine with four rotary blades. They weigh anywhere between 0.5 and 55 lbs. the ability to record video and/or sound. A drone may not be categorized as a "toy helicopter or toy plane; those toys do not have the flight distance capabilities, are not built to be equipped with cameras, or weaponized. Some drones are equipped with cameras and have audio/visual recording capabilities. A drone, as is understood in today's society, is not a remote controlled toy helicopter or airplane that you would buy for a child as a gift. Toy helicopters or airplanes do not have video or audio recording capabilities. That being said, drones are what I am focusing on in this ordinance and their use. I'm here to focus on drones, which could become a public nuisance, or worse,* if not properly regulated. My intention is not to interfere with anyone's enjoyment or business practice. My intention is to make it safe for all involved. Drones improperly used have the potential of causing serious harm. With the proliferation of drones, we are all too familiar with the news stories of incidents that have resulted in injury to persons and/or property. Channel 25 WPBF had a story on drones this past Monday in which someone spoke of how dangerously close a drone came to hitting him while he was giving a tour at the Jupiter Lighthouse. We have heard stories of commercial airlines coming close to or spotting drones in and around the airport terminal. We've seen other news stories where people on the beach or in other places were knocking down drones because they felt the drones were invading their privacy. Drones need to be flown at 400 ft. or less and always be in the line of sight of the operator. These are some of the FAA rules. Yes there are FAA rules. Some people may say then why bother with a local ordinance? The answer to that is found in one of the FAA rules located at their "Know before you fly" website (http://knowbeforeyoufly.org/for- recreational-users/) and it says "Check and follow all local laws and ordinances before flying over private property". That to me says we are allowed to put rules in place to maintain the safety of our city and its citizens. My concern with drones started out as a matter of safety around the airport including its airspace. It would be terrible if a drone were to interfere with an aircraft during landing or takeoff or with a skydiver during a jump. Can you imagine the disastrous outcome? Privacy issues came up regarding drones. Some drones have the ability to fly over %: mile. Can you imagine a drone equipped with a camera, flying to your home and recording you while you are in your back yard or recording you through a window in your home where you expect to have a degree of privacy? It may seem trivial or farfetched to some, but I bet you won't feel that way if it happens to you or a member of your family. I find that we sometimes get so caught up in trying to prove each other wrong or discredit/discourage each other's request for change that we fail to step back and look at the big picture. There's nothing illegal, ridiculous, or overstepping in asking that regulations be put in place to safely monitor a fast -rising sport for drone -enthusiasts that could, at any time, pose extreme risk and harm to the residents of this community. Our priority here is for the safety and welfare of our residents; and remember, we are not the only city looking to put an ordinance in place (Miami has rules in place for drones); and, if I'm not mistaken, the FAA and National Transportation Safety Board is looking closely at putting regulations in place.