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HomeMy WebLinkAbout10-12-2016 MinutesCITY OF 5 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, OCTOBER 12, 2016 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McPartlan called the regular City Council meeting to order at 6:00 p.m. 2. Deacon John Dunlop, St. Sebastian Catholic Church gave the invocation. 3. Council Member Hill led the Pledge of Allegiance. 4. ROLL CALL Council Present: Mayor Bob McPartlan Vice Mayor Jerome Adams Council Member Andrea Coy Council Member Richard Gillmor Council Member Jim Hill Citv Staff Present: City Manager Joe Griffin City Attorney Robert A. Ginsburg City Clerk Jeanette Williams Records Clerk Cathy Testa Asst. Admin. Services Director Cindy Watson Airport Director Scott Baker Building Director Wayne Eseltine City Engineer Frank Watanabe Police Chief Michelle Morris Police Commander Dan Acosta 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members It was the consensus of Council to add a presentation by the Airport Director on the FPL's hurricane operations under Item 6; a moratorium on building permit fees as Consent Agenda Item 7F; an unpermitted tree removal as New Business Item 14E; and a presentation by the City Engineer on debris clean-up under New Business Item 14. 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 16.157 A. Proclamation — Veterans Dav - Accepted by Members of the American Leoion Post 189 and Veterans of Foreian Wars Post 10210 Regular City Council Meeting October 12, 2016 Page Two Mayor McPartlan read and presented the proclamation to American Legion Post Commander Wayne Newland and Veterans of Foreign Wars Commander Jack Willis. 16.158 B. Expression of Gratitude from Members of the American Leaion Post 189 and Veterans of Foreian Wars Post 10210 for the Wastewater Sewer Grant Commanders Newland and Willis thanked the City Council for the opportunity to receive the Wastewater Sewer Grant and hook up their posts to the County's sewer system. 16.159 C. Proclamation — Arts & Humanities Month — October Accepted by Barbara Hoffman. Executive Director of Cultural Council of Indian River Countv Mayor McPartlan read and presented the proclamation to Ms. Hoffman. 16.160 D. Proclamation — Recoanizina Indian River State Colleae's Selection as a Too 10 Asoen Award Finalist Accepted by Dr. Casev Lunceford. Provost Indian River Countv Indian River State Colleae Mayor McPartlan read and presented the proclamation to Dr. Lunceford. Added Presentation by Airport Director — Asolundh and FPL Hurricane Recovery Operations at the Airport The Airport Director displayed a PowerPoint presentation and brief video of the Asplundh and FPL equipment and operations staged at the Airport used for the hurricane recovery efforts. Mayor McPartlan thanked the City staff and volunteers who also worked during the hurricane. E. Brief Announcements • Sebastian River Area Chamber of Commerce's Candidates Forum —October 18 from 7-9 pm for Sebastian City Council Candidates • Early Voting Available at City Hall from October 24 through November 5 from 8 a.m. to 4 p.m. Mayor McPartlan announced the two events. Ms. Coy said the opening of the haunted house sponsored by the GFWC Sebastian Junior Woman's Club would be delayed a couple of days due to storm damage but would in fact be open. More information could be obtained at http://gfwcsebastianjrs.org. 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 — September 19, 2016 Special Meeting/Budget Hearing 2 Regular City Council Meeting October 12, 2016 Page Three B. Approval of Minutes — September 28, 2016 Budget Hearing/Regular Meeting 16.161 C. Award Nuisance Abatement/Lot Mowing Contracts to Listed Contractor for Specific Categories (Transmittal, Bid Tab, Proposals, Agreements) 16.162 D. Approve Road Closures for Annual Christmas Parade on Indian River Drive, Saturday, December 3, 2016 at 6:00 p.m. (Transmittal) 16.163 E. Approve Early Learning Coalition of Indian River Council's Storybook Forest at Riverview Park, Saturday, February 11, 2017 from 10:00 to 1:00 p.m. (Transmittal, Applications, Agreement, Receipt) Added F. Approve Moratorium on Building Permit Fees for Hurricane Damage Repair Permits (Transmittal) MOTION by Mr. Hill and SECOND by Mayor McPartlan to approve Consent Agenda Items A -F. ROLL CALL: Vice Mayor Adams - Aye Ms. Coy —Aye Mr. Gillmor —Aye Mr. Hill —Aye Mayor McPartlan - Aye Motion Carried 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. 16.164 A. Construction Board i. Interview, Unless Waived, Submit Nominations for One Expired Alternate Member, Concerned Citizen Position (Transmittal, Application, Ad, List) It was the consensus of City Council to reappoint Latisha Hays for another term that will expire September 30, 2019. 11. PUBLIC HEARINGS - None 12. UNFINISHED BUSINESS - None 13. PUBLIC INPUT David Cherry said he would like to trim some of the dead tree limbs at Hardee Park but was advised an arborist needs to be present and he must sign a waiver of liability in case he was to get hurt. He suggested having an employee enroll in the arborist program at the college so that trained employee and volunteers could clean up the parks and keep them looking great. Regular City Council Meeting October 12, 2016 Page Four 14. NEW BUSINESS 16.165 A. Consider Community Center Use by Alkathon at No Charqe (Transmittal, letter) The City Manager said staff recommended approval. MOTION by Ms. Coy and SECOND by Mayor McPartlan to allow Alkathon to use the Community Center at no charge for the three holiday events outlined on page 125 of the agenda packet. ROLL CALL: Mr. Gillmor—Aye Mr. Hill—Aye Mayor McPartlan — Aye Vice Mayor Adams — Aye Ms. Coy - Aye Motion Carried 5 - 0. 16.166 B. Resolution No. R-16-22 — Enaineerina Review/Insoection of Riahts-of-Wav Permit ADDlications (Transmittal. R-16-22) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING A FEE FOR AN EXISTING RIGHTS-OF-WAY PERMIT APPLICATION; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Resolution No. R-16-22. The City Manager said the City's code requires the City Engineer to review construction within the City's rights-of- way. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve Resolution No. R-16-22. ROLL CALL: Mayor McPartlan — Aye Vice Mayor Adams —Aye Ms. Coy — Aye Mr. Gillmor -Aye Mr. Hill -Aye Motion Carried 5 - 0. 16.167 C. Discuss Indian River Countv's Proposed Ordinance Reciardina Medical Mariivana Treatment Centers (Transmittal. Notice of Hearina. Proposed Ordinance) Mayor McPartlan said he asked for this item to be placed on the agenda so they are prepared for it. He said he didn't deny the benefits of medical marijuana but he could see the impact it has on families already struggling and it will be a drain on social services and police training. He asked that the City mirror what the County might do. Ms. Coy asked the City Attorney if the state could supersede what the City enacts unless it is done quickly. The City Attorney said it is possible. Mayor McPartlan asked the City Attorney to get in touch with County Attorney Reingold to see if the City can tax regulation costs that will incur. 12 Regular City Council Meeting October 12, 2016 Page Five The City Attorney said he thought the County might permit municipalities to sign on where they handle the regulation or we could do our own thing. He said a lot is going to depend on the policy Council wants to do for City. Mr. Hill said in his opinion, the County is completely zoning out the possibility of having a center except for two small sections in the County. He said whether they agree or not, if the referendum passes, that means 60% of Florida residents want the treatment centers and asked if it was legal to prohibit a center through zoning changes. Arnold Diehl, Florida Cannabis Action Network Board Member, said he would like to help educate and encourage this natural choice for people. Mayor McPartlan said the state of Florida has over 300,000 child abuse reports a year and over 70% of the reports involve drugs; and on young, undeveloped brains marijuana has major implications that are long-lasting. Ben Hocker, Sebastian, said he knows of multiple people that have lost their lives and are going through rehab because of marijuana. He said if it happens, it should be dispensed by hospitals, not glorified pill factories. Carol Carpel, 418 Arbor Street, said everyone probably knows someone that would benefit from cannabis; it would be in the best interest of the citizens to have a treatment center easily accessible. As a member of the Florida Cannabis Action Network, she too, offered to meet with Council or staff to help draft an ordinance that would benefit citizens. Ms. Coy said the City needs to be prepared, proactive; and do the best for every citizen. Mayor McPartlan asked the City Attorney to prepare an ordinance that would regulate the treatment centers. 16.168 D. Declaration of Local State of Emeraencv (Transmittal. Declaration. Emeraencv Order) The City Manager said the City Attorney crafted an order to make sure certain things were at his disposal in case things were catastrophic. He reported that he mobilized #1 of the order and recommended the state of emergency be cancelled. He said a number of employees worked Saturday and Sunday after the storm and he would like to give those employees time and half for each day they worked and eight hours comp time for each day. In addition, he requested to give the employees a bonus of $100 a day for each day on the weekend they worked. MOTION by Ms. Coy and SECOND by Vice Mayor Adams to approve the City Manager's request to give a $100. a day bonus to the employees that worked Saturday and Sunday to get the City back up and running. Regular City Council Meeting October 12, 2016 Page Six ROLL CALL: Vice Mayor Adams —Aye Ms. Coy —Aye Mr. Gillmor —Aye Mr. Hill —Aye Mayor McPartlan - Aye Motion Carried 5 - 0. Mayor McPartlan thanked the employees who started cleaning up Friday while other municipalities waited until Monday. MOTION by Ms. Coy and SECOND by Mr. Hill to cancel the declaration of local state of emergency. ROLL CALL: Ms. Coy — Aye Mr. Gillmor - Aye Mr. Hill — Aye Mayor McPartlan — Aye Vice Mayor Adams - Aye Motion Carried 5 - 0. The City Engineer gave a PowerPoint presentation on the assessment and debris clean-up efforts. He said City crews inspected the separation of vegetative debris from construction debris, then the vegetative debris was picked up by Tim Rose Construction. He explained that the City benefited from utilizing Tim Rose's contract whose equipment was already in town rather than the contracted hauler who would include an additional cost of monitoring the clean-up. He said the first pass should be completed by Saturday, picking up 7,000 cubic yards of debris; and a second pass would begin next week. He said he was documenting everything to receive FEMA money in conjunction with the County. Mayor McPartlan asked if there could be a bigger pipe at Laconia and Rose Bush. The City Engineer said there are several undersized pipes in that system which is to be upgraded in the Capital Improvement Program. The City Manager confirmed there will be an additional pipe installed at Laconia and Tulip Drive. Ms. Coy reported there was a huge cypress down at Chesser Street, near Stevenson. Mr. Hill noted the stormwater drained by Saturday indicating the City's system is working. In response to Mr. Hill, the City Manager said there are two debris haulers under contract on standby but he made the decision to start the clean-up with Tim Rose not knowing if there would be FEMA reimbursement. This also gave the haulers an opportunity to go to another location along the east coast. Added E. Dangerous and Unoermitted Tree Removal at 550 Palm Avenue Ms. Coy said most of the danger, fatalities, and injuries occur after the hurricane and she has learned this is true. She read a memorandum of record describing a tree that could have fallen on her. (See attached) She said she was shaken that the tree could have come down on her and how she was verbally abused. She said the man picked up an after -the -fact permit and asked that the City keep the fee. Regular City Council Meeting October 12, 2016 Page Seven Ben Hocker asked why this personal problem was brought before City Council. Mayor McPartlan said any Council Member can put something on the agenda; and it brings awareness of the bad behavior that does take place. Mr. Gillmor cited a company working at Lake Drive not putting up orange traffic cones or workers to help route traffic. Ms. Coy said the City Engineer had to place cones at another location for a company. Mr. Hill suggested starting to enforce the use of traffic cones. In response to Mr. Hocker, he noted Council unanimously approved the addition of the unpermitted tree removal to the agenda. 15. CITY ATTORNEY MATTERS - None 16. CITY MANAGER MATTERS The City Manager said he has observed eye -watering dedication under adverse conditions by the employees and they will appreciate the bonus. 17. CITY CLERK MATTERS - None 18. CITY COUNCIL MATTERS A. Vice Mavor Jerome Adams Vice Mayor Adams also thanked the City Manager, Chief Morris and the staff for taking the City through the hurricane. He noted this was his last meeting and thanked the Charter Officers and staff for helping him learn the complex process of City government. He thanked the other Council Members for allowing him to have a voice on the dais and the residents for the opportunity to serve them. He hoped that his time brought some value to the City. He also thanked his wife and son for the late nights and missed events because he was working for the City. B. Council Member Andrea Cov Ms. Coy asked Council if the United Church of Sebastian could have the special needs playground equipment that would be removed to make way for the new police evidence building. The City Attorney offered to draft a resolution to declare the property surplus. It was the consensus of Council to make the donation. She thanked the residents who were working together to get the City back to normal. C. Council Member Jim Hill Mr. Hill said he appreciated the service from Council Members Gillmor and Adams; noted he was on the November 8'" ballot and hoped to come back for another term. He thanked staff for everything they have done as well. Regular City Council Meeting October 12, 2016 Page Eight D. Mavor Bob McPartlan Mayor McPartlan confirmed with AN staff there were informational slides such as tree cutting, unscrupulous contractors on Channel 25. He said this afternoon, he and Ms. Coy attended a Veterans of Foreign Wars (VFW) ceremony honoring Sebastian Middle School Teacher Jack Hodge for teaching the Patriotism and Americanism Program at the school. Mr. Hodge was named VFW Teacher of the Year by the local VFW Post and went on to receive the district and state title. He was then one of the top ten finalists to be named National Teacher of the Year therefore the VFW Supreme Commander sent special commendations to honor Mr. Hodge this afternoon. Mayor McPartlan said it was a true honor to have Mr. Hodge in our community. He noted Mr. Hodge is involved with the Sebastian Middle School Veterans' Breakfast and he invited veterans to stop by the School November 7 at 7:15 a.m. He thanked the City Manager and his staff for their efforts during the hurricane. E. Council Member Richard Gillmor Mr. Gillmor said it was his last meeting and he was honored by their trust. He always mind and thanked everyone for their help. he thanked the citizens who supported him, tried to keep the best interest of the City in Mayor McPartlan announced the next City Council meeting would be November 16th and encouraged everyone to get out and vote. 19. Being no further business, Mayor McPartlan adjourned the regular City Council meeting at 7:44 p.m. Approved at the November 23, 2016 Regular City Council Meeting, Mayor ASI: IHalle urams-, MMC—"City Clerk Hurricane Matthew Debris Assessment & Push • Friday 10/7 after the storm • Engineering/PW conducted field assessment 1. All streets, bridges and structures 2. Damage to the piers 3. Fall trees and blocked streets cleared 4. Push completed by end of Friday 10/7 JM1 T HOME OF PELICAN ISLAND 10/13/2016 1 10/13/2016 Y Nf fJ r ` �Mz •" N e 10/13/2016 Q 10/13/2016 Debris Removal —1s1 Pass • On Sat 10/8, contacted Debris Hauler and due to assessment, debris removal to be handled by local contractor and PW. • Debris Removal is only the vegetation • Local contractor (Tim Rose) on the Barber Street Reconst. had equipment in place ready to assist. 1. Northern Debris Team—Phillip 2. Southern Debris Team — Blake/Michelle • 15i Pass to be completed this week 10/14 • 2nd Pass to start Monday 10/21 m, SEBASYlAN HOME OF PELICAN ISLAND 10/13/2016 5 at.. ♦ a4- 10/13/2016 9 IF at.. ♦ a4- 10/13/2016 9 ,? � eoucac t fOC4 in „ ��, ANNE d }� :�.�w 2 � 4f2� ` » : M?»��� �y� %�^^��. �$¥}y\/� .� &; � � r . 2� ,«-z¥22&_�e� �� . : \� � { � \ ,.. , : �v _��.�,�. \= �\�� _._.�� y� �� � \ \ \ � � w 10/13/2016 0 %. Lfl 1l,1UJIVI I • Completed field assessment with only minor damages (piers). • Started and completed Push on Friday 10/7. • Started debris removal on Sat 10/8 —1St Pass. • Estimate 1st Pass to be completed this week. • Coordinate FEMA assistance with IRC • 2nd Pass to start on Monday 10/24. �AST1/� HOME OF PELICAN ISLAND 10/13/2016 10 tIIV i SEAT_" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: 12 October 2016 Agenda Item Title: Building permit fees for hurricane damage repairs. Recommendation: Approve moratorium on building permit fees for hurricane damage repair permits only, for a period of three months starting on 10 October 2016; ending 10 January 2017. Background: Hurricane Matthew hit the City of Sebastian on 6/7 October. Some City residents suffered damage to their properties. It is appropriate that the City's Building Department establish a moratorium on building permit fees for hurricane damage repair permits for a relevant period of time. This action would help minimize resident's losses and encourage owners to obtain building permits. Building permits promote the use of licensed contractors and help insure the inspection process, thereby protecting properties from future damage. If Agenda Item Requires Expenditure of Funds: Total Cost: Undetermined Amount Budgeted in Current FY: None Fund to Be Utilized for Appropriation (if necessary): Building Department Enterprise Fund Administrative Services Department/CFO Review: Attachments: City Manager Authorization: Date: 10 October 2016 None Joseph Griffin From: Andrea Coy <soscoy@bellsouth.net> Sent: Monday, October 10, 2016 10:56 AM To: Joseph Griffin; Jeanette Williams; crr@ufl.edu; Michelle Morris; Robert Ginsburg Subject: Incident at 550 Palm Avenue Attachments: 550 Palm Avenue - Pine Tree.docx Memorandum for Record Subject: Dangerous and Un -permitted Tree Removal at 550 Palm Avenue On Friday, October 7', 2016 around 10am, I was driving my car on Palm Avenue, the street where I live. My neighborhood had been without power from Hurricane Matthew since 11 pm on Thursday. My car windows were up and the air conditioning was blasting as I rounded the corner of Bayan onto Palm. I was travelling very slow to avoid the debris and was focused on limbs and branches on the right side when I saw people waving their hands to my left and motioning to back up. As I looked to my left, I saw a man with a chain saw working on a very tall, perfectly erect pine tree. I quickly backed up and watched the pine tree fall completely across the road directly in front of me. Shaken, but grateful to be alive, I got out of my car and asked the nearest guy, "What are you doing?" He immediately responded in a violent, aggressive, manner that I can only describe as a rage. "Who the f*** are you? It's none of your f***ing business what I am doing. This is my house and my f***ing property and I can do whatever the f*1 I want." I did not respond and was backing up towards my car. He continued shouting at me and following me to my car. At some point he recognized me and said, "Oh, you're the bleeding heart, f***ing liberal on council who lives down the street. Get the f*** off of my property. Get the f*** out of here." Since the tree was completely across the road, I had to back up and go around the block to get home. I immediately called the City Manager to report the incident. The homeowner worked very quickly to cut up the tree and pile it up alongside the road so the City of Sebastian can pick it up. He has been telling other neighbors who evacuated and weren't here that the hurricane took it down. There are numerous things wrong with situation above including: 1) Not posting road guards to stop traffic before dropping the tree. 2) Not having a permit to cut down a perfectly healthy tree. 3) A homeowner thinking and saying that he can do anything he wants to his property. 4) A homeowner not being able to control his temper (rage) and language when dealing with another neighbor on public property (the road). I don't think the citizens of Sebastian should have to foot the bill for his wrong -doing by removing the tree he illegally cut down. He would like us to believe that the hurricane took it down but that clearly is not the case. I witnessed the incident. Cuts on the massive amount of debris are clean and made from a chain saw, not ripped and blown off by the wind. I would like to invite the homeowner to come to the council meeting this Wednesday and explain to City Council and the bleeding heart f***ing liberal City Councilwomen why he believes we should take away the his entire tree at the public's expense. Attached is a picture from the property appraiser's website showing the pine tree before the storm. i 31380100002034000018.0