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HomeMy WebLinkAbout03-08-2017 CC Minutes/CRASEBASRA HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, MARCH 8, 2017 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McPartlan called the regular meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. The Pledge of Allegiance was recited. 4. Roll Call: Mayor Bob McPartlan Vice Mayor Andrea Coy Council Member Ed Dodd Council Member Jim Hill Council Member Linda Kinchen City Staff Present: City Manager Joe Griffin City Attorney Bob Ginsburg City Clerk Jeanette Williams Administrative Services Director Ken Killgore Asst. Admin. Services Director Cindy Watson City Engineer Frank Watanabe Community Development Manager Dorri Bosworth Procurement Manager Randy Moyer Police Commander John Blackledge AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members There was no objection to the City Manager's request to add Resolution No. R-17-11 as Consent Agenda Item 9e. 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. 16.177/17.047 A. Presentation of Institute for Elected Municipal Officials Certificates to Council Member Linda Kinchen and Council Member Ed Dodd Mayor McPartlan presented certificates of completion to Council Members Kinchen and Dodd. 17.048 B. Proclamation Recognizing Veterans Memorial Bricks Coordinator Dave Wortmann Mayor McPartlan read and presented the proclamation to Dave Wortmann. Regular City Council & CRA Meeting March 8, 2017 Page Two 17.049 C. Proclamation Red Cross Month — March 2017 - Ron Blank, Community Volunteer Leader, American Red Cross 17.022 D. Mayor McPartlan read and presented the proclamation to Sarah Ruwe and Jim Anderson of the American Red Cross South Florida Region. CAFR Under Separate Cover) Ross Cotherman, Rehmann, Robson, LLC, highlighted sections of the audit and said the City should be very proud to be a participant in the Government Finance Officers Association review. He appreciated working with the City's staff, and given the significant staff change, it was a very good report. He offered to meet with any of the Council Members if they had any questions. Brief Announcements 3/10/17— Chamber Concert in Riverview Park — SRHS Jazz Ensemble & Steel Drum Band — 5:30 to 8:00 pm • 3/18/17 —Pelican Island Wildlife Festival in Riverview Park — 10 am to 4 pm Mayor McPartlan announced the events. Recess City Council Meeting and Convene as Community Redevelopment Agency A. Chairman McPartlan called the CRA meeting to order at 6:23 p.m. CRA Members Present: Chairman Bob McPartlan Vice Chairwoman Andrea Coy Mr. Ed Dodd Mr. Jim Hill Mr. Linda Kinchen B. Approval of Minutes — February 8, 2017 CRA Meeting MOTION by Mr. Dodd and SECOND by Chairman McPartlan to approve the February 8, 2017 CRA minutes. ROLL CALL: Mr. Dodd — Aye Mr. Hill —Aye Ms. Kinchen —Aye Chairman McPartlan —Aye Vice Chairwoman Coy — Aye Motion carried 5-0. C. Award Septic to Sewer Grants (Transmittal) i. 712 Cleveland Street—Thomas Haynes ii. 1413 N. Central Avenue — Constance O'Quist iii. 916 U.S. Highway #1 — Irena Mliczek iv. 1627 U.S. Highway #1 —Sebastian Center, Ltd. Regular City Council & CRA Meeting March 8, 2017 Page Three The City Manager said this was the first grant cycle since the program's revision. The Community Development Manager reported some newspaper articles generated interest, letters are planned to go out to all CRA property owners. She described the four properties requesting the grant and recommended award to the maximum amounts. MOTION by Chairman McPartlan and SECOND by Vice Chairwoman Coy to award grants to the four properties listed. Mr. Hill asked if the members wanted to consider weighing the award amount in the future depending on the applicant's project cost. The Community Development Manager explained that Sebastian Center's cost did include the removal of the septic tank and some additional parking which isn't related to the sewer hookup. Mr. Dodd said the current money will only help 20 properties and suggested having the City Manager seek a grant writer that specializes in this area. Vice Chairwoman Coy thanked the applicants for improving their property. ROLL CALL: Mr. Hill —Aye Ms. Kinchen — Aye Chairman McPartlan—Aye Vice Chairwoman Coy—Aye Mr. Dodd - Aye Motion carried 5-0. The City Manager offered to contact a grant writer he already is working with to look into a specialized grant writer. D. Chairman McPartlan adjourned the CRA meeting at 6:31 pm 8. Adjourn Community Redevelopment Agency Meeting and Reconvene as City Council 9. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. if a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes — February 22, 2017 Regular City Council Meeting 17.050 B. Resolution No. R-17-10 Amending and Restating the ICMA Deferred Compensation Plan (Transmittal, R-17-10, Roth Package, 457 Plan Contributions, 457 Roth Options) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING AND RESTATING THE ICMA RETIREMENT CORPORATION 457 DEFERRED COMPENSATION PLAN AND TRUST; RESOLVING THAT THE ASSETS OF THE PLAN SHALL BE HELD IN TRUST; RESOLVING THAT THAT THE CITY OF SEBASTIAN HEREBY AGREES TO SERVE AS TRUSTEE UNDER THE PLAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council & CRA Meeting March 8, 2017 Page Four 17.051 C. Approve and Waive Park Use Fee for "Light Up Blue for Autism Awareness" Event in Riverview Park on April 8, 2017 from 6:00 p.m. to 10:00 p.m. (Transmittal, Letter) 17.052 D. Approve Alcoholic Beverages for Rodriguez Event at Riverview Park Pavilion on April 15, 2017 from 1:00 p.m. to 6:00 p.m. DOB Verified (Transmittal, Application, Receipt) Added E. Resolution No. R-17-11 — Final Plat — Cross Creek Lake Estates Plat Seven (Transmittal, R- 17-11, Plat, Map, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS CROSS CREEK LAKE ESTATES PLAT SEVEN, BEING A REPLAT OF TRACT N OF CROSS CREEK LAKE ESTATES PLAT ONE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Hill asked to pull item D. MOTION by Vice Chairwoman Coy and SECOND by Mayor McPartlan to approve consent agenda items A, B, C, and E. ROLL CALL: Motion carried 5-0. Ms. Kinchen — Aye Vice Mayor Coy — Aye Mr. Hill -Aye Mayor McPartlan — Aye Mr. Dodd — Aye Item D Mr. Hill said he never recalled seeing a request for alcohol in the pavilion which might be in opposition of their park rules unless it is City sponsored event. The City Attorney requested to continue the meeting and come back to this item. 10. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Vice Mayor Coy said all members have received letters with misinformation regarding the Go -Line Hub and prior to the April Metropolitan Planning Organization (MPO) meeting, she suggested having an informational meeting. Mr. Hill said it would be appropriate for the MPO to have the meeting in the north County area for the people that live in that vicinity. The City Manager offered to contact the MPO to arrange a possible meeting before the April 12 meeting or have the MPO meeting in Sebastian's chambers. Mr. Hill asked for another Council Member to sit for him at the remaining Tourist Development Council Committee meetings for 2017. Mayor McPartlan appointed Ms. Kinchen represent Sebastian's representative. Regular City Council & CRA Meeting March 8, 2017 Page Five Returning to Consent Agenda Item 9E The City Attorney cited Code Section 74.4(7) and Resolution No. R-10-15 regarding alcohol in the park. He said the request is consistent to come before them for approval. There was concern expressed regarding alcohol consumption at private events in Riverview Park given the location to U.S. Highway 1, the playground, the volleyball court. Mr. Dodd suggested looking at how to monitor the consumption of the alcohol. Vice Mayor Coy explained the procedure for City sponsored events and suggested tightening up the code for private events. MOTION by Vice Mayor Coy and SECOND by Mr. Hill to decline the request and refund the applicant's money. ROLL CALL: Motion carried 4-1. Vice Mayor Coy — Aye Mr. Hill - Aye Mayor McPartlan - Aye Mr. Dodd — Nay Ms. Kinchen —Aye Vice Mayor Coy requested a review of the Code be on a future agenda. 11. PUBLIC HEARINGS 17.029 A. First Public Hearing and First Reading of Ordinance No. 0-17-01 Medical Marijuana (Transmittal, 0-17-01, Newspaper Article, 2/2/17 Minutes, 2/16/17 Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO MEDICAL MARIJUANA TREATMENT CENTERS; AMENDING THE LAND DEVELOPMENT CODE ARTICLE XXII (LANGUAGE AND DEFINITIONS); AMENDING ARTICLE VI (CONDITIONAL USE CRITERIA); AMENDING ARTICLE V (ZONING DISTRICT REGULATIONS); PROVIDING FOR SEVERABILITY, CONFLICT, CODIFICATION, AND AN EFFECTIVE DATE. (PJ Ad 2/21/17) The City Attorney read the title to Ordinance No. Mayor McPartlan opened the public hearing at 6:51 p.m. MOTION by Mr. Hill and SECOND by Mr. Dodd hold the first reading of Ordinance No. 0-17-01 and set the second hearing for April 12, 2017. The Community Development Manager said this was a result of their concurrence with the Planning and Zoning Commission to treat the opening of medical marijuana treatment centers as a conditional use. She cited the definitions, zoning districts, and the location/operation criteria discussed by the Commission who recommended approval. There was no public input. Mr. Dodd said he was contacted by Mike Marshall an attorney for one of the medical marijuana groups who asked if the applicants that the City allows to sell be judged; can the City do that to prevent undesirable companies. Regular City Council & CRA Meeting March 8, 2017 Page Six The City Attorney advised he didn't think that would be allowed under the City's zoning Code. The Community Development Manager pointed out that Section 54-2- 6.4(27)b provides that only related products will be allowed to be sold. ROLL CALL: Motion carried 5-0. Mr. Dodd —Aye Ms. Kinchen —Aye Vice Mayor Coy - Aye The public hearing closed at 6:59 p.m. 12. UNFINISHED BUSINESS Mr. Hill —Aye Mayor McPartlan — Aye 17.039 A. Consider Revised Parks and Recreation Master Plan Proposal from Tindale Oliver Design in the Amount of $50,000 and Authorize the City Manager to Execute Appropriate Documents (Transmittal, Proposal, Draft Minutes) The City Manager explained that Council rejected a master plan in February and since then Council Member Kinchen asked that the plan be tweaked and be re -introduced; Tindale Oliver agreed to add certified playground inspections and make a five year CIP plan; the Parks and Recreation Committee requested that Council consider the revised master plan proposal. Mayor McPartlan said he would like to see a master plan outlining what they are going to do given the current trends and how many people are using the facilities that exist. He could not see spending the money to do an inventory. He noted there is a City employee that will take the two-day training to become certified to inspect playground equipment. Vice Mayor Coy agreed, it would be good to have a staff member available to inspect equipment at any given moment and there already is an inventory of what is available. She said the County is currently working with the Treasure Coast Regional Planning Council (TCRPC) to turn the old Gifford trash dump into a playground and suggested maybe they could consult with us. Mr. Dodd said there is an asset list but not a replacement schedule for the equipment which should be considered because there is a finite level of funds and a five-year CIP would help them and the Committee make decisions. He noted the City Manager has indicated there isn't staff available to devise such a plan and outside help would be needed. He also said he was a supporter of master plans but didn't see any usages, statistical growth, how many visitors are from inside and outside the City in Tindale Oliver's proposal. MOTION by Mr. Dodd to have the City Manager to contract for a parks facilities assessment up to amount not to exceed $20,000 to accomplish items 2.1, 2.2, 2.3 of the Tindale Oliver proposal, prepare a maintenance schedule identifying safety issues requiring repair and a five-year replacement plan to go into the FY18 budget cycle and present the finding to the Parks and Recreation Advisory Committee by the City Manager. There was no second to Mr. Dodd's motion. 0 Regular City Council & CRA Meeting March 8, 2017 Page Seven Mr. Hill said Council should decide what direction the way they want to go with the input of the Parks and Recreation Advisory Committee and he is in favor a master plan. The Parks Committee would be Council's eyes and ears to provide a framework of what should be in the master plan. Mr. Dodd said he could deny the proposal as long as the City Manager could complete the safety inspections and prepare a CIP. He said needs should be identified. Ms. Kinchen noted the recreation portion of the City's comprehensive plan has not been updated since 1999. Vice Mayor Coy said she would like maximum input from the public starting with the Parks Committee. The City Manager noted there were three master plans submitted to the Parks Committee and Tindale Oliver was chosen by the committee and what was before them tonight was a revision of their original proposal. The City Attorney advised if an employee is certified, and doing what he is instructed to do, the City would defend him so there should be no personal liability concern. JoAnn White, Senior Member of the Parks and Recreation Advisory Committee said new committee members aren't aware of what was discussed before so a plan would help to direct the committee. She said the committee receives a lot of requests and the plan would identify reasons behind what is happening and what is to happen; the revised proposal is losing what the committee wanted the plan for; the original proposal would conduct interviews, identify needs and provide direction because there is impact fee money collected to apply in designated zones; the plan would provide for continuity. Vice Mayor Coy asked how they could receive the maximum participation. Mr. Hill suggested they have a workshop, distribute flyers in kid's back backs or in person at the sports field to get input. Ms. Kinchen suggested a questionnaire like they did for the skate park. The City Manager said he would have the inspections done internally and he would begin discussing master planning with the TCRPC tomorrow and report back to them. Mayor McPartlan said the Little League charges $110 for a child to play and it was only $35 a couple of years ago and he would like to know how that happened as the City provides the fields and lights. The City Manager said he would have the Little League address Council. Mayor McPartlan said the master plan should provide the foresight of what's going to happen and what can happen for example the activities that the Trans -Florida Railroad Trail from 195 to Fellsmere will provide, the latest sport such as pickle ball; not just an inventory. MOTION by Vice Mayor Coy and SECOND by Mayor McPartlan to disapprove the parks and recreation master plan from Tindale Oliver. ROLL CALL: Motion carried 5-0. Mr. Hill —Aye Mayor McPartlan — Aye Mr. Dodd - Aye Ms. Kinchen —Aye Vice Mayor Coy — Aye 7 Regular City Council & CRA Meeting March 8, 2017 Page Eight 17.053 B. Support the Florida Department of Transportation's Drainage Improvement Project at Jefferson Street (Transmittal, Aerial Photo) The City Engineer displayed a PowerPoint and described the joint venture project to replace the drainage system on Jefferson Street at no cost to the City. 13. PUBLIC INPUT - None 14. NEW BUSINESS 17.054 A. Resolutior A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING FINANCIAL POLICIES TO MODIFY THE SECTION ON THE CAPITAL RENEWAL AND REPLACEMENT RESERVE; DIRECTING THAT THE ASSIGNMENT OF GENERAL FUND OPERATING SURPLUS THERETO BE ONLY FOR THE AMOUNT NECESSARY TO RESTORE THE BALANCE TO $275,000; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager said few meetings ago there was discussion on the renewal and replacement fund; Council Member Kinchen requested a cap be placed on fund and he recommended approval. MOTION by Mr. Dodd and SECOND by Mayor McPartlan to approve Resolution No. R-17- 08. Mr. Dodd asked if the excess would be transferred to the general fund. The Administrative Services Director said he is willing to reverse out the excess. Ms. Kinchen suggested paying off the Early Retirement Program in one lump sum so they can tell how much they saved by offering the retirement. Mr. Hill said that would still be a payout from the reserve account. Ms. Coy said she agreed with Ms. Kinchen, then that line would be about $275K. ROLL CALL: Motion carried 5-0. Ms. Kinchen —Aye Vice Mayor Coy — Aye Mr. Hill -Aye Mayor McPartlan — Aye Mr. Dodd — Aye MOTION by Vice Mayor Coy and SECOND by Ms. Kinchen to move the additional reserve funds created by the amendment be used to pay off the Early Retirement Program. ROLL CALL: Motion carried 3-2. Mayor McPartlan — Aye Mr. Dodd — Nay Ms. Kinchen - Aye Vice Mayor Coy — Aye Mr. Hill - Nay Regular City Council & CRA Meeting March 8, 2017 Page Nine 17.055 17.056 The City Manager said the restroom was discussed at the last meeting, the City has received a proposal for the design and construction of a new facility and he requested authorization to spend up to $130,000. MOTION by Mr. Hill and SECOND by Mayor McPartlan to approve the design and construction of the Barber Street Sports Complex. ROLL CALL: Motion carried 5-0. Mayor McPartlan — Aye Mr. Dodd —Aye Ms. Kinchen - Aye Vice Mayor Coy — Aye Mr. Hill - Aye C. Resolution No. R-17-09 Urging the State Legislature to Refect CS/HB17 (Transmittal, R-17-09, CS/HB17, Summary, Bulletin) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, URGING THE STATE LEGISLATURE TO REJECT CS/1­11317 ON THE GROUNDS THAT IT IS CONTRARY TO HOME RULE, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney said if this bill succeeds there would be no local government regulation of any business or profession. He described how local government home rule came to be and noted CS/HB17 is scheduled to go before the full Commerce Committee in Tallahassee. He said most importantly, this would impact their ability to address local concerns. MOTION by Mayor McPartlan and SECOND by Mr. Hill to approve Resolution No. R-17-09. Mr. Dodd suggested they also do this for HB13 that will terminate community redevelopment agencies in Florida. Mr. Hill said regulations like sign, colors and landscape ordinances make communities a special place to live and he appreciates that and thanked the City Attorney for drafting the resolution. ROLL CALL: Motion carried 5-0. Vice Mayor Coy — Aye Mr. Hill -Aye Mayor McPartlan - Aye 15. CITY ATTORNEY MATTERS - None Mr. Dodd — Aye Ms. Kinchen —Aye 16. CITY MANAGER MATTERS The City Manager said he has received preliminary notice from Florida East Coast Railway that they will start work on the Barber Street rail crossing on April 11 for two days. He will publish notice on the television channels, website, and via message boards at the crossing. Regular City Council & CRA Meeting March 8, 2017 Page Ten He reported that he will close on the purchase of the property at 190 Sebastian Boulevard this Friday. He also said that he is moving slowly and methodically on repairing the docks and piers to ensure the probability that the City will receive FEMA reimbursement for the $1.5M repair. The bid will close April 11 and he anticipated bringing a contract to Council April 26. 17. CITY CLERK MATTERS - None 18. CITY COUNCIL MATTERS A. Vice Mayor Coy Vice Mayor Coy said she would like to work closely with Fellsmere to do some combined activities. B. Council Member Dodd Mr. Dodd said he would not be attending the March 22 meeting. He said if Council agrees, he would like hookup, then the County might consider would benefit from a mandatory hookup. to see an ordinance for mandatory utility doing some expansion. He admitted he The City Attorney said there is a moribund ordinance written from when the City owned the utility. It was the consensus of Council to put this on a future agenda for discussion. C. Council Member Hill Mr. Hill said he has heard from Budget Review Advisory Board members, residents, and a potential board member regarding the recent meetings. He has seen some of the meetings and would like to make sure staff is protected and the board members understand their role and responsibility. He asked the Mayor to draft a letter to the board's chairman with their charter to outline the board's role and responsibilities. Mr. Dodd said the board member that is being referred to is his appointee and they have worked through some of the issues; there have also been conversations between the City Manager and his staff. Mr. Dodd said he wasn't sure the board members understand their role. He said they have a requirement to question what comes from staff; there are some things he has asked his appointee to bring to the board; their role should be to ask technical questions and there might be some training needed. Mr. Hill suggested a letter from the Mayor or the City Attorney should address the board at the very next meeting. Vice Mayor Coy said she too, has had complaints and the board should act as a team. She supported the City Attorney attending the next meeting. D. Council Member Kinchen — None 10 Regular City Council & CRA Meeting March 8, 2017 Page Eleven E. Mayor McPartlan - None 19. Being no further business, Mayor McPartlan adjourned the Regular City Council Meeting at 8:20 p.m. Approved at the March 22, 20„17 Regular City Council meeting. Mayor Bob McPartlan ATTEST., W anette Williams, MMC - City Clerk 11