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HomeMy WebLinkAbout04-13-2016 Minutes(in cc SE�T�W HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, APRIL 13, 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 1. Mayor McPartlan called the April 13, 2016 Regular City Council meeting to order at 6:00 p.m. 2. Pastor Todd Thomas of the Sebastian Christian Church gave the invocation. 3. Council Member Gillmor led the Pledge of Allegiance. 4. ROLL CALL Citv Council Members Present: Mayor Bob McPartlan Vice Mayor Jerome Adams Council Member Andrea Coy Council Member Richard Gillmor Council Member Jim Hill City Staff Present: City Manager Joe Griffin City Attorney Bob Ginsburg City Clerk Jeanette Williams Administrative Services Director Ken Killgore Police Chief Michelle Morris Police Commander John Blackledge City Engineer Frank Watanabe Community Development Director Marissa Moore Planner Dorri Bosworth 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members It was the consensus of Council to add Consent Agenda Item G — Earth Day Celebration Road Closure and move up the presentation by the American Legion to Committee Reports. 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. 16.050 A. Certificate of Appreciation to Mary Wolff — Sebastian Representative on the Indian River County Public School Planning Citizen Oversight Committee Mayor McPartlan presented the certificate to Mrs. Wolff who said it was her privilege to represent Sebastian on the Committee. Regular City Council Meeting April 13, 2016 Page Two 16.051 B. Proclamation — Guardian Ad-Litem Month — April 2016 - Accepted by H.L. "Vern" Melvin, Circuit Director, 190' Judicial Circuit Court Mayor McPartlan read and presented the proclamation to Toyann Hall who acknowledged and thanked the people that volunteer for the program. 16.052 C. Proclamation — Child Abuse Prevention Month — April 2016 - Accepted by Kathie Cain, Executive Director of Indian River Healthy Start Coalition Mayor McPartlan read and presented the proclamation to Kathie Cain who explained the pinwheels represent that child abuse and neglect is preventable. 16.053 D. Proclamation — Mayors Day of Recognition — April 5, 2016 — Accepted by Americorp — Sharyn Hopper Mayor McPartlan read and presented the proclamation to Sharyn Hopper who described some of the children services provided by Americorp. 16.054 E. Proclamation — National Volunteer Week - April 10 —16, 2016 - Accepted by Sebastian Community Policing Volunteers Mayor McPartlan read and presented the proclamation to Community Policing Volunteers John Tenerowicz, John Lacenere, and Barney Giordan. William Teague thanked the Police Volunteers for saving a lot of lives in front of his business on Indian River Drive. 16.055 F. Proclamation — National Public Safety Telecommunicator's Week - April 10-16, 2016 — Accepted by a City of Sebastian 911 Operator Mayor McPartlan read and presented the proclamation to Sebastian Dispatcher Debora McGruder and Sebastian Police Commander John Blackledge. G. Brief Announcements • Friday, April 22 4.5 & Saturday, April 23 44-- American Cancer Society Relay for Life • Wednesday, April 20 - City Council Trak Calming Workshop -6:00 pm —to be broadcast • Saturday, April 23 — Natural Resources Board Earth Day Celebration in Riverview Park and Waste Management Community Shredding and Electronic Recycling Event • Saturday, April 23 - Waste Management Community Cleanup at Barber Street Sports Complex — 9 to noon • Frlday, April 29 — Chamber of Commerce Concert in the Park — Professor Pennygoode's Mighty Flea Circus — 5.30-8 pm Mayor McPartlan read the brief announcements. 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. A. Approval of Minutes — March 23, 2016 Regular Meeting 2 Regular City Council Meeting April 13, 2016 Page Three 16.056 B. Approve Alcoholic Beverage for Lackey Party at Yacht Club on 4/17/16 from 4 pm to 9 pm — Permittee DOB Verified (Transmittal, Application, Receipt) 16.057 C. Approve Alcoholic Beverage for Reyes Baptism at Community Center on 4/30/16 from 6 pm to 11 pm — Permittee DOB Verified (Transmittal, Application, Receipt) 16.058 D. Authorize the City to Piggyback Off Agreement #2012017 Between Indian River County and Precision Contracting Services for Fiber Optic Systems Equipment, Material, Supplies, Maintenance, and Installation Services (Transmittal, IRC Notice of Award, IRC Minutes Excerpt, Bid Tab, Renewal) 16.059 E. Award Street Milling and Paving Contract to Ranger Construction Industries in the Amount of $244,049.60. Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Bid Tab, Bid, Agreement) 16.060 F. 2016 Capital Improvement Projects Update (Transmittal) added G. Earth Day Celebration Road Closure (Transmittal, Map) Mr. Gillmor asked to pull Item E. MOTION by Ms. Coy and Second by Mr. Gillmor to approve Consent Agenda Items A -D and F, G. Roll Call: Ayes: Adams, Coy, Gillmor, Hill McPartlan Nays: None 5-0 Item E Mr. Gillmor said he didn't have any problem with the item but an item spending a quarter million dollars shouldn't be on the consent agenda so the public can have an opportunity to speak on it. Mayor McPartlan invited the public to speak. No one spoke on this item. MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve Item E. Roll Call: Ayes: Coy, Gillmor, Hill McPartlan, Adams Nays: None 5-0 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Mr. Gillmor reported that the Indian River Lagoon Council met in Volusia County and tabled the 2016-2017 Work. Plan to receive more information. He said if everything goes smoothly the Council will be granting the City $100K to match the City's $100K for the Indian River Drive Septic Sewer Project. This gives the City more clout to seek funding from the County to hook up most of the businesses along Indian River Drive. He also said the City of Vero Beach will receive $120K for their stormwater projects. 16.066 A. American Legion Post 189 Military Museum (Transmittal, Letter) The City Manager said he was acting upon a request from the Veterans Advisory Committee and introduced Commander Newland. W, Regular City Council Meeting April 13, 2016 Page Four City of Sebastian Veterans Advisory Committee Chairman, Wayne Newland, introduced Len Dube and reported the Committee has put the stamp of approval on Mr. Dube's project. Len Dube, Member of the City of Sebastian Veterans Advisory Committee said he hopes to move his museum filled with military artifacts from Torrington, CT to Sebastian where it will be a perfect fit. He said he will donate the localized items to the Historical Society. Barney Giordan, Member of the City of Sebastian Veterans Advisory Committee, also Member of Indian River County Veterans Council said the Veterans Council is considered one of the best councils in the state of Florida and it is important to have these artifacts available. He strongly emphasized support for the museum. 9. PUBLIC HEARINGS — None 10. UNFINISHED BUSINESS 16.061 A. Seawall Monitoring Update (Transmittal, PP) 6.48 pm The City Engineer gave a PowerPoint presentation and said the consultant hired to study the seawalls identified about 3% of the walls as failed. The plan for any private property wall that falls is to bury it, slope it back, sod it, and charge the property owner for the material and labor. (See presentation attached) Mr. Gillmor asked what happened to the old wall on 219 Joy Haven. The City Engineer said the existing piles and foundation had to be cut leaving a portion may now be sticking in our right of way, the new wall is in front of the old wall. He said the property owner replaced the wall at her own expense of about $25,000. Mr. Gillmor said assuming a wall fell onto our property, he asked would we put out a RFP to have a private contractor come in. The City Engineer said the City would try to get written permission to access the wall through the property owner's land side, cover it with dirt, slope it and sod it at a cost for the dirt, sod, and equipment rental. Mr. Gillmor asked what would happen if the property owner wanted the kind of wall they had before. The City Engineer said of the property owners he has contacted, they are concerned if their home or pool will be impacted as opposed to the same type of wall. Mr. Gillmor asked what will happen to the person next door to a failing wall. The City Engineer said when the adjacent property will be affected the City will take action from a public safety standpoint. Mr. Gillmor said he a year ago, he looked at some of the walls; there was a possible lawsuit with Attorney Rich Stringer who said it was a city wide system; when Collier Creek's seawall was replaced, the property owners weren't charged; he didn't think every seawall should be replaced but he felt the City should take ownership of the whole system, have a unified vision and if the property owner didn't want the slope they could replace their wall at their expense. MOTION by Mr. Gillmor, "It is a system that benefits everybody, the City should take ownership, put the 11 failing walls on a schedule and take care of these problems." 4 Regular City Council Meeting April 13, 2016 Page Five The City Manager said staff did that this week by sending a certified letter to the property owner at 243 Joy Haven who wasn't receptive to the plan of laying the wall down, filling it with dirt, sloping it and sodding it. The City Manager reconfirmed the plan for a failed seawall is to slope it. The seawalls on City property will be sloped by the City. He said there might have to be some definitive instructions to staff and not leave it upon the City Engineer to make a snap decision in the field and asked if they would like to start discussion or put it on the next meeting's agenda. Ms. Coy said she thought the plan was as presented; if the property at 243 Joy Haven does not allow the City to slope it, it will be a hazard and the City will need to be prepared to do what is required. Mr. Hill agreed the plan is what was presented; and if there was a safety issue the City would have to do what is necessary without the owner's approval. The City Attorney agreed, the City would have to act, similar to if there had been a fire or sinkhole to limit the damage. Mr. Hill said they would have to be careful not to accept or take property from citizens and to take ownership of the wall would be taking property from them. Ms. Coy said for the record, she has seen the failing seawall as well as the replaced seawall. She thanked the property owner for replacing her wall. Mr. Gillmor said the letter to 243 Joy Haven property owner did not indicate the cost to repair a wall; the City should take care of this and by not doing so is penny wise but pound foolish. William Teague, 933 Indian River Drive asked if there is domino effect with the seawalls; he would like to see things done the right way so this isn't repeated in a few years. Ben Hocker stated he has property with a bulkhead that was his responsibility and if it fell into the canal he had the obligation to remove it from the waterway. He could have extended the bulkhead 16 inches if it failed but his property line would not have changed with the 16 inches. He said the property owners could check to see if their homeowners insurance will cover the repair or the City could put a lien on the property. He said the City should stay out of the bulk head repair business. Damien Gilliams, 1623 US Hwy 1, said they should look at the facts, part of General Development permitting process was to install the seawalls; the City paid for the Wimbrow Drive seawall repair setting precedence for ownership. He said the City should repair the wall in phases, it will benefit the drainage citywide, and it will prevent litigation expenses that could be used for the repair. 7:06 pm Mr. Gillmor restated his MOTION to take ownership of the failing walls and come up with a plan to slope the wall so it doesn't have to be replaced again, and take care of cost. Mr. Adams SECONDED the motion. Mr. Hill pointed out the homeowner's expense will be minimal because the repair would utilize materials and equipment from the City. He didn't know what "take ownership" means and was concerned that means stripping land away from citizens in which he doesn't want to be a part of. He said the City Engineer's plan is viable and supported by SJRWMD, EPA and the homeowners. 5 Regular City Council Meeting April 13, 2016 Page Six Mr. Gillmor clarified that "take ownership" means the City will not charge the homeowner. Ms. Coy pointed out that one or two property owners have already paid to replace their seawall; ownership of someone else's property is eminent domain which is against City code. Mayor McPartlan said the City does have a plan in place that they agreed on and the City Manager has his direction. Roll Call: Ayes: Gillmor, Adams Nays: Hill, McPartlan, Coy Motion failed 3-2. 16.062 B. Consider Waste Management Contract Modification (Transmittal, Agreement, Modification, Presentation) 7.39 pm Dina Ryder Hicks, Public Affairs Manager, introduced herself as well as Vero Hauling Site Manager Bob DeLaCruz, Commercial Account Manager Kurt Hawker and Senior Consultant George Geletko. She said they were here to discuss a CNG fueling station, a commercial recycling campaign, and continued community focus to replace the original contract narrative of the CNG fueling station within the City limits. She apologized for the misunderstanding and non -communication regarding the status and focus of the CNG trucks and a CNG fueling station within the City. She gave a PowerPoint presentation outlining the modifications. (see attached) She asked for Council's support and approval to work with the City Manager and City Attorney to draft an amendment to the franchise agreement and move forward with the three modifications. MOTION by Mr. Hill and SECOND by Ms. Coy to modify the franchise agreement with the three items mentioned in Ms. Hicks' presentation. Damien Gilliams said they have a motion on a violation with a very expensive contract; Waste Management is offering $40K to offset the natural gas facility which isn't even close. Before going any further, he said there should be an audit to make sure everyone is charged evenly and a complete assessment of what it would have cost to put the fueling station in the City should be done. The community is entitled to their fair share. William Teague said he and his employees were really into recycling; they take turns taking recycling home; he wants to do the right thing and knows everyone cares. Rose Glaser, 1082 Genesee Avenue, said her business recycles a stuffed 8 cubic feet dumpster a week so to pay $10 a month would be a joy to pay. Ben Hocker, Sebastian, said he remembered when Waste Management displayed a gas truck and the City was to have new trucks by a specific date; maybe the City should have kept a closer eye on the contract. He said he came to Florida from up north where Waste Management worked with his cities and they paid close to three quarters of their highway maintenance budget with the recycled materials. He said the City should receive reductions instead of an increase for the businesses. He also noted the trucks are coming by his house at 6:30 a.m. which aren't supposed to come until 7:00 a.m. rei Regular City Council Meeting April 13, 2016 Page Seven Ms. Coy requested to add the words "or other project" to Item 2 (on page 180 of the agenda packet) in case the City does not build a fueling station in the future. Mr. Hill AMENDED his motion to include Ms. Coy's request and she SECONDED the amendment. Mr. Hill said he appreciated Waste Management's effort to go above and beyond what they are required to do based on a miscommunication; they have done a great job and hopes this will move along smoothly so that service isn't disrupted. Mr. Gillmor thanked Waste Management for making the contract whole; his constituents are kind of happy there won't be trucks getting fuel and ultimately the City might want a station but he is happy with this. Mayor McPartlan commended Bob DeLaCruz for his prompt customer assistance and said this is something they can go forward with. Ms. Coy asked that the dumpster be replaced in City Hall's parking lot. Roll Call: Ayes: McPartlan, Adams, Coy, Gillmor, Hill Nays: None 5-0 16.063 C. Discuss Parking in Riverview Park and at Other Recreational Facilities (Transmittal, Code Sec. 74-4(a)(10)) The City Manager said the Mayor asked to put on the agenda the code that deals with parking. Mayor McPartlan said it seems like people are just driving into the park to display their products. The City spends a lot of money on the landscaping, the crown jewel is deteriorating, irrigation pipes are getting broken, sidewalks are cracked and the City should maintain a sense of order. Mr. Hill agreed, there are several events that have large vehicles that get driven in that should be allowed at discretion at City Manager but they can't have cars running over the park every single weekend and park behind their tents. He suggested they help folks get their products to the tent with a wheel barrow or cart. He asked the City Manager to enforce the ordinance and use his discretion to allow certain vendors to bring their trucks into the Park. Ms. Coy agreed the Park is being damaged; there have been more cars under the trees than in the perimeter of the park which is unsightly. She suggested a distinction could be made for the five City sponsored events and maybe a master plan could be implemented for those events to include the installation of a road grade sidewalk to the east of the bathroom for the food vendors. She supported enforcement of the current code or stop renting that part of the Park which would take away Sebastian's hometown feel. Mr. Gillmor said with all due respect to the previous Council Member, the Park is not getting destroyed, if they didn't have the events only the homeless would use the Park; the Art Club has always obeyed the rules and removed their cars. He cited Sec. 74-9. - Claims against security deposit: 7 Regular City Council Meeting April 13, 2016 Page Eight 8:00 pm All or part of the security deposit for any permit issued under this article shall be forfeited to the city if it is determined by the city manager that non-compliance with the terms of this article or conditions of the permit occurred, or if damages to the facilities have occurred which can be attributed to the applicant. The city manager is authorized to pro -rate the amount of estimated damages and shall return any amount of the deposit in excess of estimated damages. Damages are determined to be either physical destruction to the facilities or costs associated with specific clean-up attributable to the applicant. He said to restrict Riverview Park so the Art and Craft Club can't use it would change the culture of the City. He felt the City Manager has the ability to manage this and applauded him for purchasing the wagons to help the Art Club carry their artwork and to shut down the Park for anything but the five City sponsored events would be ludicrous. Mayor McPartlan said no one is excluding the Art or Craft Club from going in there, just enforcing the parking rules; during the event the cars are staying in the Park, it looks like gypsies are coming in there with lines hanging off their vehicle which doesn't look that good. Public Input Marie Ferraro, 5279 N Miramar Lake Drive, Craft Club President, thanked the City Manager for working with her, said for the past 7 or 8 years the Club has become accustomed to driving on the grass, unloading and leaving their cars there, she apologized for not reading the full ordinance, she is in favor of keeping the Park pristine. She has seven disabled members that may not be able to participate in future shows if there isn't a mutual resolution. With her camera, she walks the Park before a show and after. After the Clambake she found 15 smashed electrical boxes that weren't damaged by the Art or Craft Club. After the March show, she was told the Public Works staff had a mess to clean up after the show but she only found the mess left by the homeless that rifled the garbage cans. She said Riverview Park has a personality and is an event center, and suggested putting in a product that will allow them to enter and exit. Helen Voltz said she and her husband are the food vendor for the Craft Club. Their pickup truck has a freezer in the bed and they pull a trailer that carries eight foot tables and a grill. They could not park outside of the grass because they wouldn't be able to access the freezer. She said her equipment has a lot of electrical cords. Riverview Park is a more functional park than anything in Brevard County and she appreciates doing business in the Park once a month with the Craft Club. She said she pays the Craft Club $35.00. Ms. Coy said she could think of two possible solutions for food vendors other than driving across the tree roots. Rose Glaser, Chair of the Natural Resources Board Earth Day Festival, said they had a meeting with City employees and agreed to keep all vehicles out of the park. She was frightened to ask the participating vendors not to park in the Park but three of the six have agreed. They will park on Harrison Street where the City has agreed to run electrical wires and place signs. She said three vendors will come early, unload at Sebastian Blvd and then move their vehicles. 8 Regular City Council Meeting April 13, 2016 Page Nine She questioned how much this would be enforced as the Friday night Concert in the Park vendors moved out of the Park but had to drive back in to pick up their stuff; she saw the Boy Scout vehicles by the kayak launch placing the oyster bags; kayak companies back their trucks into the park to unload the kayaks. Mr. Hill said the City Manager is authorized to use his discretion. Judy McNamara, President of the Art Club, thanked the City Manager for his assistance; the Club does not allow anyone to park in the Park. She did walk around the sidewalk and the ones that are broken are by the restrooms. The shows bring a lot of business and everyone will lose if they are banned from the Park. She said since they have been enforced, a lot of people are still parking in the Park including the City worker that collects the trash. She said a workshop of some kind is needed. Mayor McPartlan reiterated they are not looking to ban anyone from the Park, this has to do with vehicle usage in the park. Jock Crockett, Thunderbird Drive, said he has fallen in love with Sebastian, he enjoys going to the park every week, it is a unique park and asked Council not to change it. Amanda Lucas said she thought the Park is a fine treasure and no one can say or do or be there better than the Park itself so it needs to be treasured. She said the decisions to be made should guard the Park for days to come; keep the heavy equipment in certain places; a master plan with decisions is what we need. Mr. Hill clarified they are not changing anything, just talking about parking enforcement. Damien Gilliams, adjacent property owner, said he remembers when the City received grant money to purchase the Park, the intent was to be a park, not a commercial park; they should have consistent standards. He has pictures of someone illegally dumping at the Park. If the City installs a hardened roadway and electricity, maybe they should do a commercial site plan. Mayor McPartlan asked him to drop off his pictures regarding illegal dumping to the City Manager and Chief. Mr. Adams said the parks are for everyone, everyone should do their part to make sure it is available for the next person. There is a Boy Scout motto to leave no trace—so everyone should leave it the way you found it. Ms. Coy noted that Public Works staff pulled the wagons in and out last Saturday and does not want to see City staff appropriated each and every time. Mayor McPartlan agreed and said if there are elderly that need assistance the whole club should help them or designate a spot for those individuals. He suggested Boy Scouts or those that need volunteer hours might help the elderly and disabled. E Regular City Council Meeting April 13, 2016 Page Ten Ms. Coy said she would like to see a master plan. Mr. Hill suggested having the Parks and Recreation Advisory Committee start a master plan process with staff. Ms. Coy said the immediate need such as hardening the walkway should be addressed to accommodate the vendors. Mr. Hill said the City Manager will use his discretion to accommodate the vendors and he can periodically report to Council under his matters. The City Manager said the Parks and Recreation Advisory Committee just asked him to go out for a Parks Master Plan RFQ and he just had a pre-bid meeting. He said those participants will present their submittals to the Parks and Recreation Advisory Committee for evaluation and the recreational fund will pay for the plan. Ms. Coy asked if it was mandatory to go to outside for bids as they know best what the community's needs are. The City Manager said the master plan will cover all of the parks. Mr. Gillmor said he spoke to Barbara Hoffman who just completed a master plan for the Vero Beach Art District by the Treasure Coast Regional Planning Associates who might be able to accommodate the City. Mr. Hill said he was pleased with the Treasure Coast Regional Planning Council's Charrette process of the C.R.512 Corridor. 16.064 D. City Clerk Employment Agreement (Transmittal, Agreement) The City Attorney said at the instruction of Council, he and the City Manager met with the Clerk and the resulting contract was in the kit for their consideration. It included a review after three months. MOTION by Mr. Hill and SECOND by Mayor McPartlan to move approval of the City's Clerk's employment agreement. Mr. Gillmor said he thought they would be looking at an interim contract; they have a wonderful opportunity to form a relationship with Jeanette Williams but he would like to have interim on the contract and do a full contract in 90 days. He said his other concern was item 7 on page 196, fiscally the City should get away from paying off sick leave that becomes a golden parachute for those that have worked here for 30 years. He would like to negotiate a contract without the sick leave payoff; the City should start at the top with the charter officers .and then there will come a time when it can be negotiated with the unions that sick leave payoffs won't be there. Roll Call: Ayes: McPartlan, Adams, Coy, Hill Nays: Gillmor 4-1 Mayor McPartlan called for a recess at 8:31 p.m. Upon return at 8:40 p.m. all members were present. 16.065 E. Discuss Sign Code Enforcement (Analysis, Reed v. Town of Gilbert) The City Attorney said our code is similar to cities and counties across the nation; there are classifications of signs based on their function. The City has always believed that if the government is not taking a position for or against what is on the sign, under the First Amendment our regulations were not "content based." The Supreme Court has changed our understanding of what is acceptable under the First Amendment. 10 Regular City Council Meeting April 13, 2016 Page Eleven The Supreme Court now holds that if you have to look at the sign to see what kind of sign it is, your regulations are content based, so even if you are neutral, you will be judged that you are regulating content of speech. He said the problem with content based, a court will look at our regulations under a very strict standard of judicial review—strict scrutiny. The court looks at legislative action three different ways: Deference to the legislative decision (which doesn't apply); Intermediate scrutiny where if we act reasonably and deal with time place and manner out regulations should be upheld. Governments don't win strict scrutiny cases. On page 213, Justice Bryer talks about strict scrutiny leading to almost certain condemnation. The two factors that are difficult to sustain are a compelling government interest and the least restrictive kind of regulation. For example, the Court shocked municipal attorneys by saying public safety and the protection of drivers/passengers/pedestrians may well meet the compelling standard. The attorneys took that as a given. The court shocked public safety the protections of drivers, pedestrian may well meet compelling, may have to prove directed in a certain way. He said there are all kinds of signs proliferating and the questions to Council is what do you want to accomplish—what do you want to happen. He said the political signs are unenforceable and we cannot enforce what is on the books now. To tell if a sign is temporary, you have to read it and then it is content based and subject to unwinnable strict scrutiny. With a broad brush, the City can say no signs in the public right of way—no billboards in Sebastian. He offered to draft an amendment to say no thin, flexible wire signs as aesthetics and traffic safety will be sustained by the court or whatever the Council might have in mind. He commented that the Supreme Court recognizes that a lot of sensible and reasonable regulations are unlawful but it is a small price to pay for the First Amendment. He advised that they will have to write something related to type, structure of sign, lit or not lit, moving parts, a certain height, no roof signs which can be enforced. Mayor McPartlan said the City Attorney could argue the Supreme Court case or write a new ordinance. In response to Ms. Coy, the City Attorney said the current code prohibits signs in the right-of-way and it can be enforced. She asked that enforcement begin. MOTION by Ms. Coy and SECOND by Mr. McPartlan to task the City Attorney to write a new sign ordinance. Damien Gilliams said the Supreme Court case was very well explained, it is nice to see there is a right to speak. He said he is aware of his property line before signs are removed from the right-of-way; the political season will bring a lot of people from different districts and the City needs to be lenient. He said trying to regulate the size is wrong; he suggested they talk to the constituents; focus on the real problems of the community. 11 Regular City Council Meeting April 13, 2016 Page Twelve Mark Bondy, 997 George Street, asked if the City will be cherry picking the signs to be removed. Mayor McPartlan said the City will not be cherry picking and asked if he had a particular sign in mind. Mr. Bondy gave a yard sale sign in the right-of-way as an example. The City Attorney advised that garage sale signs are not to be off site. Ben Hocker said since Council stated there are not to be signs in the right-of-way, he asked if the Crabby Bill sign is in the right-of-way on Indian River Drive and if it is to stay, maybe it should say "Working Waterfront." The City Manager said one arm of the sign might be in the right-of-way. Roll Call: Ayes: Adams, Coy, Gillmor, Hill, McPartlan Nays: None 5-0 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda Ben Hocker said the Mayor asked the public to notify him if they knew of anybody that was homeless because the City receives funds. He asked if the funds were from the state or federal government. Mayor McPartlan stated the Treasure Coast Homeless Services Council, federal government and state assistance receives the funds. Mr. Hocker said there are cars with people sleeping overnight in them, there are RVs in Riverview Park, a tractor trailer has been sitting for two days and he asked if there is an ordinance on the books. Mayor McPartlan said there is a large homeless population and people are allowed to live in their cars as long as they are not trespassing. Mr. Hocker asked how the City receives CRA money and what is the time frame. The City Manager said the City receives money from the County and he believed the time frame would be when the project is done. Bob Stephens, Concha Drive, said he is still seeking a cease and desist order, a permit and a management plan of the herbicides sprayed by Applied Aquatics on the waterways. He spent last Friday with Graham Cox at the Indian River Lagoon Council meeting and learned about the fish kill. He hoped Council would get a chance to read the minutes of the Lagoon Council meeting. He said the fish kill made international news, the Lagoon is sick and we need to be part of the solution. Damien Gilliams said the gentleman before him is correct, the fish kill was just unbelievable and something they have to take seriously as the economic life line of the River is very large. In regard to the City approving an extension to the auditor's agreement, Mr. Gilliams said it should have gone out to bid to see if the City could have received a competitive bid. 12. NEW BUSINESS 16.066 A. American Legion Post 189 Military Museum (Transmittal, Letter) Previously moved up on the agenda. 16.067 B. Resolution No. R-16-08 — Authorizing the City's Participation in the Florida Local Government Investment Trust and Deposit Any Monies Not Immediately Required (Transmittal, Summary, Minutes, R-16-08, Joinder) 12 Regular City Council Meeting April 13, 2016 Page Thirteen A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION AND DELIVERY OF A JOINDER TO AGREEMENT AND DECLARATION OF TRUST CREATING AND ESTABLISHING THE FLORIDA LOCAL GOVERNMENT INVESTMENT TRUST; AND PROVIDING AN EFFECTIVE DATE. The Administrative Services Director said he has been concerned that 70% of the City's money is in the local bank account and the State Board of Administration. He has been looking for a third vehicle to put some of those funds in that would give easy access to the funds if needed and allows a longer term to invest that will double the return. He asked for Council's support. MOTION by Mr. Hill and SECOND by Mr. Gillmor to approve Resolution No. R-16-08. Roll Call: Ayes: Coy, Gillmor, Hill, McPartlan, Adams Nays: None 5-0 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS - None 15. CITY CLERK MATTERS 16.068 A. Mock City Council Meeting in Chambers and City Hall Tour— Storm Grove Middle School — April 25, 2016 -11:15 am — 2:30 pm (no backup) The Clerk announced Storm Grove Middle School would be visiting again and invited City Council to join the tour and meeting that day. 16. CITY COUNCIL MATTERS A. Council Member Richard Gillmor - None B. Vice Mayor Jerome Adams — None C. Council Member Andrea Coy — None D. Mayor Bob McPartlan Mayor McPartlan said the Pelican Island area is in the process of starting a Community School, for those that live in the area, there is a survey to fill out. The community school is for the student, then the family and then serving the community as a whole with a possible health clinic and behavior health services. The surveys will be available at City Hall. E. Council Member Jim Hill - None 17. Being no further business, Mayor McPartlan adjourned the Regular City Council meeting at 9:24 p.m. Approved at the April 27, 2016 Regular City Council Meeting. x;z5,l- 22-�7 - Bob McPartlan, Mayor ATTEST,---- Je nette_ 711ams,MMC=City Clerk �_ 13 Seawall Monitoring By Frank Watanabe, PE City Engineer 4-13-16 City Council Meeting �� SEBAST�V HOME OF PELICAN ISLAND City Council approved in May 2015 the consultant engineering assessment of the seawalls. The engineering assessment included six miles of the Southern Canal System: �. South Collier Canal George Street Canal Schumann Waterway 4. Elkham Waterway The assessment was completed in August 2015, the final report identified only 2.96% of the seawalls as failing. Types of Canal Seawalls * Concrete Transite 30.3% Metal/Metal 27.8% ® Concrete/Metal 2.2.% ® Rip rap rock 1.9% Concrete/Vinyl 0.3% Wood Seawall 0.13% Wood piles 0.13% * Wood/Steel 0.13% * No wall - earth berm 37.5% Failing Seawall locations Street location Canal Rank Visited 1. 243 Joy Haven Drive Elkham 1 2/22/16 2. 443 Joy Haven Drive Elkham 1 3/7/16 3. inn George Street George 2 3/4/16 4. 1137 George Street George 2 3/4/16 5. 1179 George Street George 2 3/4/16 6. 1261 George Stree George 2 3/4/16 7. 862 Schumann Dr. Schumann 2 3/4/16 8. 868 Schumann Dr. Schumann 2 3/4/16 9• 874 Schumann Dr. Schumann 2 3/4/16 io. 807 Bailey Dr. Schumann 2 3/4/16 11. 81g Bailey Dr. Schumann 2 3/4/16 c� Tj __. �T_ � 5 7� � ��';iLll� `,. �_��— _- ice'- -----.. y `T _ z -_ �� �� v v . T �� � � . � � � _ " . �$_ L...' TMONTYMIWEAK-Tv 1"; 11' 11111111111111111111111 Seawalls from Barber Street to Elkham Dam r 1, .. - ter- •. - - . _ e I i i 443 Joy Haven I wnere are we e City has over 7 miles of canals and waterways with various types of seawalls and earth berms. • Eleven (u) seawalls or 2.96% of existing system is rated as failing per engineering assessment. �.a City Engineer revisited and conducted a visual inspection of the a failing seawalls. • Three seawalls along Joy Haven were verified by license professional survey that they are on private property. • Resident at 219 Joy Haven is redoing the wall at a cost of $25,000 (design and construction). • Emergency plan for any fallen wall is to buried the wall and then charge property owner for the material and labor, if on private property. Questions Lm Lf SEBAST�V HOME OF PELICAN ISLAND Waste Management Local Company. Global Resources. City of Sebastian Solid Waste Franchise & April 13, 2016 THINK GREEN: (m cf SEBASO" HOME OF PELICAN ISLAND WASTE Solid Waste Contract Modifications Opportunity for City Residents and Businesses • CNG Fueling Station Commercial Recycling Campaign • WM Community Focus on Sebastian Lp". WASTE MANAGEMENT THINK GREEN: 1 Compressed Natural Gas Fueling Station for Sebastian • Significant benefits to City • Reduces 80% of carbon monoxide • Reduces 86% of air particulates • Reduces 50% of nitrogen oxides • Better for our air; better for our Lagoon • Assist City of Sebastian in CNG Fleet Conversion Plan • WM contribution of $40,000 for City's CNG station • WM engineering consultation to construct facility • WM to purchase fuel from City for its vehicles as needed wwM. WASTE MANAGEMENT THINK GREEN: i Commercial Recycling Campaign for Sebastian Recycle `16! commercial recycling campaign • Campaign for encourage recycling among City of Sebastian businesses • 2 -yard or 4 -yard dumpster recycling program available to commercial businesses within City limits • First three months of recycling service is free; very competitive rate thereafter • Promotion timeframe of May 1, 2016 - July 31, 2016; Must sign up by July 31 • Campaign promoted with City of Sebastian bill inserts, City Council meetings, City website, City TV; Education for customers on recycling • 18 current commercial recycling customers with 2 and 4 yard containers will be segued into the campaign wwm. WASTE MANAGEMENT THINK GREEN. Commercial Recycling Campaign for Sebastian • Recycle `16! commercial recycling campaign • 2 yard or 4 yard containers serviced 1x or 2x per week • Sign up by July 31; First 3 months free • Rates after 3 -months free promotion • 2 -cubic yard container, serviced 1x per week = $10.16 per month • 2 -cubic yard container, serviced 2x per week = $21.16 per month • 4 -cubic yard container, serviced 1x per week = $21.16 per month • 4 -cubic yard container, serviced 2x per week = $43.16 per month • Pricing rates to adjust annually by 10% starting January 1, 2017 • Garbage container "right sizing" evaluation from WM account manager W WASTE MANAGEMENT THINK GREEN. 1 WM Community Focus on Sebastian • Continued solid waste and recycling services for annual City events • WM/Sebastian Community Shredding and E -Recycle Event, April 23, 2016 • WM/Sebastian Community Clean Up Day, April 23, 2016 W WASTE MANAGEMENT THINK GREEN: 6 Questions? ww# WASTE MANAGEMENT THINK GREEN. Commercial Ma SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: 13 April 2016 Agenda Item Title: Street Closing for Earth Day event on 23 April 16. Recommendation: Approve closing Harrison Street from the west property line of the City Splash Pad facility to Indian River Drive on 23 April 16 from 7:30 AM — 3PM; approve closing the Yacht Club from Midnight to 3PM on 23 April 2016. Background: Earth Day is a City -sponsored event held in April at Riverview Park. The event has grown to include a bicycle challenge. The Natural Resources Board (NRB) is requesting closing a portion of Harrison Street between the western edge of the splash pad facility and Indian River Drive. In addition, maintenance of traffic (MOT) plan should include the closure or the City Yacht Club, boat ramp, and parking lot to reduce traffic congestion and parking issues in the vicinity of the Earth Day event. The street closing will not affect any of the adjacent businesses. Adequate message board signage will be deployed. If Agenda Item Requires Expenditure of Funds: N/A Administrative Services Department/CFO Review: Attachments: City Manager Authorization: Date: 13 April 2016 Vicinity map. EARTH DAY RECOMMENDED M.O.T 44 f . r "�• .r . a -f 13 _ '. � .: _._ � � -i . .• .- '�" � -- _ .} fir, - ,.r' April 12, 2016 (ZECbMrnC-µ��`� CLOS I NCS S CLo5//J61 ,4PP2orE� AT ;�3rVlAZCtt 201(-) 1:,)I (DO wQ U L 1:2, 912 0 0.025 0.05 0.1 mi 0 0.0375 0.075 0.15 km IRCG IS IRCPA Ind a nRiverCou my y , Y7i i d � k C Lf EARTH DAY RECOMMENDED M.O.T 44 f . r "�• .r . a -f 13 _ '. � .: _._ � � -i . .• .- '�" � -- _ .} fir, - ,.r' April 12, 2016 (ZECbMrnC-µ��`� CLOS I NCS S CLo5//J61 ,4PP2orE� AT ;�3rVlAZCtt 201(-) 1:,)I (DO wQ U L 1:2, 912 0 0.025 0.05 0.1 mi 0 0.0375 0.075 0.15 km IRCG IS IRCPA Ind a nRiverCou my