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HomeMy WebLinkAbout06-14-2017 CC Minutesamr SEBAST,N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, JUNE 14, 2017 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Regular City Council meeting to order at 6:00 p.m. 2. Pastor Dave Newhart, St. Elizabeth's Episcopal Church gave the invocation. 3. The Pledge of Allegiance was recited. Members Present: Mayor Bob McPartlan Vice Mayor Andrea Coy Council Member Ed Dodd Council Member Linda Kinchen Members Absent: Council Member Jim Hill City Staff Present: City Manager Joe Griffin City Attorney Bob Ginsburg City Clerk Jeanette Williams Administrative Services Director Ken Killgore City Engineer Frank Watanabe Airport Director Scott Baker Community Development Manager Dorri Bosworth Deputy Police Chief Greg Witt Procurement Manager Randy Moyer 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members There was no objection to Mayor McPartlan's request to add Indian River County Attorney Dylan Reingold to item #6 to make a report on Enrolled Senate Bill 8A relating to medical marijuana. 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. Dylan Reingold, Indian River County Attorney reported that legislation is on the Governor's desk for signature that would require municipalities treat medical marijuana facilities in the same manner as pharmacies keeping them 500 feet from schools or ban them. He said if the County allows pharmacies such as a CVS or Walgreens in a commercial district, the County would have to allow a marijuana dispensary in the same district. Regular City Council Meeting June 14, 2017 Page Two The City Attorney advised the City's ordinance is pretty close to allowing the dispensaries and would only require minor tweaks to accommodate the new legislation. Attorney Reingold advised he would report back to the County Commission that Sebastian will allow the dispensaries under certain conditions and he will remove the reference to marijuana dispensaries from the County's pill mill code to allow municipalities the choice of allowing marijuana dispensaries. CONSENT AGENDA A. Approval of Minutes — May 24, 2017 Regular City Council Meeting 17.022 B. Resolution R-17-16 — Accepting the 2nd Quarter Financial Report and Adopting Necessary Amendments to the FY16/17 Annual Budget (Transmittal, R-17-16, Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017 AS PROVIDED FOR IN EXHIBIT W' PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 17.104 C. Prior Authorization for Council Travel to Florida League of Cities Annual Conference, August 17-19, 2017, World Center Marriott, Orlando, Florida (Transmittal) 17.105 D. Approve Application Process for the FY17/18 COPS Hiring Grant and Authorize the City Manager to Accept the Grant if Awarded (Transmittal, E -Mail) 17.106 E. Approve the Police Pension Board Plan Administrator Services Agreement and Authorize the City Manager to Execute Appropriate Documents (Transmittal, Agreement, Exhibit A) 17.107 F. Approve Florida DEP Amendment 2 to Grant Agreement G0429 — Tulip Drive Improvements and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, 10/14/15 Transmittal, Grant Agreement, Amendment #2) Mr. Dodd asked to pull items B and F. MOTION by Vice Mayor Coy and SECOND by Ms. Kinchen to approve consent agenda items A, C, D, and E. ROLL CALL: Motion carried 4-0. Items B and F Vice Mayor Coy — Aye Mr. Hill — absent Mayor McPartlan — Aye Mr. Dodd — Aye Ms. Kinchen —Aye Mr. Dodd asked if the next quarterly report could include an update on the older projects, in particular what is remaining on the project for example the project Presidential Streets on page 20 is being kept open due to water monitoring requirements for $35,000 which could be used for other projects. Regular City Council Meeting June 14, 2017 Page Three He requested one or two sentence status reports and how much of remaining funds is needed to finish the older projects; noting there is about $200,000 that could be allocated to something else. There was no objection from the Council Members. Mr. Dodd said the $43,134.10 grant amendment for Tulip Drive is really a shift from where the money came from, not additional funds. MOTION by Mr. Dodd and SECOND by Vice Mayor Coy to approve consent agenda items B and F. Mayor McPartlan expressed his gratitude that the Community Service Volunteers worked almost 2700 hours which is equivalent to six police officers. ROLL CALL: Mr. Dodd — Aye Mr. Hill —absent Ms. Kinchen —Aye Mayor McPartlan — Aye Vice Mayor Coy — Aye Motion carried 4-0. 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. Vice Mayor Coy reported an interesting fact from Tuesday's Indian River County Commission packet that the County Commission has spent $2,225,000.66 for All Aboard Florida issue and $350,918 for the FPL - Vero Beach electric issue. Mayor McPartlan said at a recent Transportation Disadvantaged Board meeting, Community Coach Driver Rosemary Millar and Go -Line Driver Norman Dow were recognized for their many years of service. He remarked that compared to the neighboring counties, Indian River County's transportation system does a pretty good job. Mayor McPartlan also reported that the state is really attacking home rule citing the additional homestead exemption going on the ballot in 2018 that will leave resulting budget deficits of about $640M for the state, $4M for Indian River County, and $350,000-400,000 for Sebastian. He urged the Council Members to attend the joint annual meeting of the Treasure Coast Regional League of Cities and Treasure Coast Council of Local Government to discuss the impact of this additional homestead with the state legislators who have been invited. He also described proposed legislation that will limit how much municipalities can raise the millage rate and require them to drain their reserves prior to an increase. 9. PUBLIC HEARINGS -None Regular City Council Meeting June 14, 2017 Page Four 10. UNFINISHED BUSINESS 17.034 A. Review, Consider, Discuss Sebastian Municipal Airport Master Plan Update (Transmittal. July 27, 2016 Transmittal, R-16-08, Sept. 14, 2016 Transmittal, R-16-20 FAA Grant, Sept. 14, 2016 Transmittal Work Authorization, TDKA PPT) The City Manager introduced Danielle Gernert, TDKA Planning Manager, who gave a PowerPoint presentation outlining the update process and said there would be an open house tomorrow in City Council Chambers from 1:00 to 4:00 p.m. to seek public input on the Airport's future operations. (See attached) Ms. Gernert said the finalized master plan would be placed on the City's website for public review. The City Manager stated the future development of a control tower was not under consideration. 17.108 B. Resolution No. R-17-15 — Sebastian Municipal Airport Automated Weather Observation System (Transmittal, R-16-16, FDOT Contract, R-17-15, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AGREEMENT AND WORK ORDER WITH DBT TRANSPORTATION FOR THE PURCHASE AND INSTALLATION OF AN AUTOMATED WEATHER OBSERVATION SYSTEM LEVEL III -T AT SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Manager stated the automated weather observation system is needed since a control tower would not be located at the airport and recommended going forward on this resolution. MOTION by Vice Mayor Coy and SECOND by Council Member Dodd to approve Resolution No. R-17-15 There was no public input. ROLL CALL: Mr. Hill — absent Ms. Kinchen —Aye Mayor McPartlan — Aye Vice Mayor Coy — Aye Mr. Dodd — Aye Motion carried 4-0. 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda Jim Sunnycalb thanked staff for printing the rear view mirror "heat" signs. Ben Hocker asked for a status on the dock repair. He also suggested Council consider the reason for missing a meeting, for example major medical or death, and retaining the salary. The City Manager reported the last permit was received Monday afternoon; the reconstruction design had a couple of FEMA required reconfigurations; the contractor kick- off meeting was Tuesday; and will appear within a week or two at the docks. 0 Regular City Council Meeting June 14, 2017 Page Five 12. NEW BUSINESS 17.109 A. Approve Bid Waiver and Piagv Back Collier County Contract to Authorize Shenandoah Construction to Slip -Line Schumann Drive Pipe in the Amount of $92.826.50 (Transmittal, Quote. Agreement) The City Manager said the pipe is failing and he would like to repair it before there are problems with Schumann Drive itself and asked for approval. MOTION by Mr. Dodd and SECOND by Ms. Kinchen to approve the Schumann Drive pipe slip -line by Shenandoah Construction. ROLL CALL: Motion carried 4-0. 17.110 B. Ms. Kinchen —Aye Mayor McPartlan — Aye Vice Mayor Coy—Aye Mr. Dodd—Aye Mr. Hill — absent The City Manager said there have been issues at the dog park and asked for direction. He provided the Vero Beach dog park agreement to begin the conversation and contrary to a recent newspaper headline, he did not want to privatize the dog park but hopefully improve operations. Mayor McPartlan noted the City of Vero Beach has their own animal control office that makes sure the dogs are vaccinated at their park. He said he was not in favor of people leaving their personal items in the park. He said he would like to see a group monitor the park. Mr. Dodd said the Vero Beach dog park had similar issues until the Friends of Vero Beach Exercise Area took over. He said he would support having a group self -police the park and mirror what is being done in Vero Beach. Geri Garzia, Sebastian, said there was someone getting pushy and now the problem is gone; she takes care of her dog; and there will never be any grass in the big dog area. Ben Hocker, Sebastian, suggested having an employee at the park to enforce the functions on the park's sign. He did not favor the Vero Beach lease. Carl Fritz, Sebastian, asked to leave the dog park as it is; said he has yet to see a skirmish; the recent chair problem was blown out of proportion. _?_ said she has moved here recently from City of Pt. St. Lucie who has a successful dog park where people just go in and enjoy. Armand Courchesne, 677 Wimbrow Drive, said he has been going since November and enjoys the park; sometimes things are blown out of proportion. He said he would like to see things calm down over time. Regular City Council Meeting June 14, 2017 Page Six Deborah Schneider said she has been going to the park for two years; it is not the dogs making the problems but the inconsiderate people not abiding the regulations. Ted Pankiewicz, Director of For the Love of Paws, said they take pets from seniors who cannot care for them, has a lot of dog experience would like to get involved if the City needed assistance. Joan Deerhe, 580 Balboa Street, said she has been going to the dog park since it opened; the problems have calmed down. She suggested banning people that cause problems instead of calling the police. The dog park is a wonderful community resource. Vice Mayor Coy asked why people were calling the police. Ms. Deerhe said in the beginning people were bringing un -socialized dogs that were causing problems and eventually those individuals quit coming. She stated things have settled down and individuals have started self -policing each other. Damien Gilliams, Sebastian, said he visited the park earlier in the day and was impressed. He said people are rushing to judgement and overreacting; enforcement is not needed. He said more dog parks are needed for the community. The City Manager said additional dog park facilities would be considered in the upcoming parks and recreation master plan. Andrea Ring reported as a member of the Handicapped Advisory Committee, the park has a very nice handicapped bathroom. Louise Beane, 125 Breezy Way, said she did call the police when a couple of large dogs came into the small dog part because the owner would not leave and the small dogs could not enjoy the park. This past week there was someone smoking and she had an asthma attack and almost fainted. She said smokers will not relocate to another area or put out their cigarettes and asked what could be done. The City Attorney advised a violation of one of the City's codes carries a fine of up to $500 and 60 days in jail. Sunada Ashton said she goes to the dog park every day; the park taught her dog to be socialized; she enjoys the socialization. She called the number posted at the park to report people smoking but it was after hours and asked what they could do. She also said one more solid bench and water fountain would be nice in small dog part. Mayor McPartlan asked if there was a time the frequent smokers could be found smoking in the park. Jim Sunnycalb, Sebastian, suggested having a meeting at the Yacht Club once a month to discuss needed changes and take those items to the Parks and Recreation Advisory Committee and then bring it to Council. He said there seems to be a conflict between the big and small dog parts. He also suggested having a picnic table outside the park for the smokers. Hamilton Edwards, 182 Easy Street, said the big reason to keep the park is to bring people out to socialize. She suggested having an Eagle Scout candidate adopt areas of the park. 0 Regular City Council Meeting June 14, 2017 Page Seven Mayor McPartlan said he didn't know if a workshop was needed. The groups could bring their concerns to the Parks Administrator and if an issue needs to be addressed, it could go to the Parks and Recreation Committee. She suggested people purchasing benches in memory of deceased pets. Mr. Dodd said the City Manager should be the enforcement element for those not following the regulations; the Parks and Recreation Advisory Committee could allocate funds to expand the facility. Mayor McPartlan suggested a grass roots effort could identify violators for the City. Vice Mayor Coy suggested taking pictures. She said it was encouraging to see the concerned speakers and urged them to work things out. She and Council Member Kinchen offered to come out to help as needed. 17.104 C. Approve Florida League of Cities Items (Transmittal, FLC Info) i. Council Delegate to FLC Annual Conference Business Meeting It was the consensus of Council to have Mr. Hill serve as Sebastian's delegate if he plans to attend the conference; if he does not, Mayor McPartlan will serve. ii. Resolutions to be Submitted to FLC Mayor McPartlan requested a resolution that for every bill the legislature might propose, they mark the bill if it is an unfunded mandate or impedes home rule. The City Attorney said he gave a speech to the Florida Bar on the legislature's relation to cities and the counties; there are 14 different ways the legislature can preempt local government. He suggested that cities and counties unite and recognize legislators with awards who vote against these preemption bills; by banding together, the best lobbyists can be identified and hired by the Florida League of Cities and Florida Association of Counties. He said given this past session, business and industry doesn't want to deal with individual cities but want state-wide rule. Mayor McPartlan said the Treasure Coast Regional League of Cities and Council of Local Governments are looking at grading the legislators and calling them out when they are defying home rule; letting them know that the appropriations they bring home doesn't compare to the loss of ad valorem provided by additional homestead exemptions and unfunded mandates. Mr. Dodd stated the average voter doesn't understand the impact of home rule; legislators tout they are the hero by providing additional homestead exemption but in reality they are saying to municipal governments that they have to raise the millage. He suggested giving Razzie Awards to the legislators. The City Attorney asked Council to notice the state isn't lowering the sales tax as opposed to property tax. Vice Mayor Coy clarified the state is trying to usurp local government authority by taking away amenities such as the dog park. 7 Regular City Council Meeting June 14, 2017 Page Eight Damien Gilliams said he reviewed the Florida League of Cities conference topics; the Mayor made a good point in calling out the legislators and hiring a lobbyist may not be a bad idea; instead of sending Council Members to the conference, he suggested sending staff such as an IT employee when wireless technology legislation is under consideration or a clerk's office employee when public records reform is discussed. Those employees could bring the proposed information back to the community. Mr. Dodd said residents have asked him what the City is doing to prepare for the hurricane season and why the City is spending money on resurfacing County Road 512. He noted the County Road 512 project is a County project funded by the state. The City Manager advised for the past two months, the managers have been meeting to improve the City's Emergency Management Plan; a contract has been signed to monitor the debris removal should a hurricane take place; there is an ongoing discussion with the ditch clearance; and repairs are made as needed such as the agenda item to repair the pipe at Schumann Drive. Mr. Dodd said there are several parcels prime for development on the east side of Indian River Drive and asked for Council consensus to review the Land Development Code as to whether there needs to be changes on what's allowed to be done. He said the district is primarily residential and maybe it could be mixed use and have more commercial development along the river. Vice Mayor Coy said the lots are small and she would not encourage additional fill to develop out. Mr. Dodd described a site plan submitted last summer to build a house that was going to be a bed and breakfast that was turned down because of unsafe back -out parking. There were no conditional statements to allow staff to turn down the application. He said if the City didn't want to encourage development, then they should change the code to discourage such development. Vice Mayor Coy pointed out insurance must be small fortune for individuals that want to build there. Mr. Dodd said that is probably not an issue for those that want to build there. It was the consensus of Council to look at the code and discuss it. The City Manager offered to originate the discussion in the Community Development Department and brought forward to the Planning and Zoning Commission. 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS The City Manager said the Fourth of July is coming, the Lions Club is ready for the festivities, including one 5K run sponsored by the Substance Abuse Council of Indian River County previously approved by Council. He also reported the burn ban instituted by Indian River County has been discontinued and he would remove the notices from the website and COSTV Channel 25. Regular City Council Meeting June 14, 2017 Page Nine The City Manager also stated the Boudrot pier has been demolished. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Dodd — Previously discussed B. Council Member Hill - Absent C. Council Member Kinchen Ms. Kinchen said she noticed a woman almost trip on the rough pavement in front of the Yacht Club because of the boat trailers and asked the City Manager to replace that piece of pavement. D. Mayor McPartlan - None E. Vice Mayor Cc v - None 17. Being no further business, Mayor McPartlan adjourned the regular City Council meeting at 7:50 p.m. Approved at the June 28, 2017 Regular City Council Meeting. Mayor Bob McPartlan ATTEST.• Jeelette Williarus, j4M(3- City Clerk '1 Cit of Sebastian TKDA y Tricia Fantinato Senior Planner Project Manager City Council M e e t i n g 4377 Commercial Way #208 Spring Hill, FL 34606 P813-480-99001 tkda.com Danielle Gernert Planning/Environmental and Funding Manager June 14, 2 017 800 20" Place, Suite 1, Vero Beach, FL 32960 P 772-217-95211 tkda.com 6:00 p.m. ,.r MUNIC'At AI 'OM F '` a Why Do Airports Need Master Plans? ✓ To comply with Federal and State regulations governing Airport Management, TKDA Maintenance and Development. Tricia Fantinato Senior Planner What is a Master Plan? Project Manager 4377 Commercial Way #208 Spring Hill, FL 34606 P 813-480-9900 1 tkda.com Danielle Gernert + Projection of the Airport's ultimate growth over a 20 -year timeframe. Planning/Environmental and Funding Manager 80020'^Place, Suite 1, + Plan for the ultimate development of physical facilities. Vero Beach, FL 32960 P 772-217-95211 tkda.com + Development guide, including timing and costs, that considers adjacent land uses and environmental issues. • Step-by-step description of the logic used in formulating the plan. • Display of the plan in graphical and written form. + Positions the Airport to compete for FAA and FDOT funding (up to 95%). AN "a-aft 0 Mun�iarni ,�iuI,ui rmi ■1 .j Master Plan Regulatory Requirements TKDA ✓ Financially Self -Sustaining Tricia Fantinato SePlanner✓ Compliant with Grant Assurances - FAA(39) & FDOT(24) ct Prooject Manager 4377 Commercial Way #208 Spring Hill, FL 34606 ✓ Compliant with Federal, State and Local Requirements P 813-480-9900 1 tkda.com Danielle Gernert ✓ "Good neighbor" in the community g Planning/Environmental and Funding Manager 80020th Place, Suite 1, Vero ✓ Wildlife Mitigation Beach, FL 32960 P 772-217-9521 I tkda.com ✓ Solid Waste Management and Airport Sustainability ✓ Airport Property Inventory ✓ Runway Protection Zone Issues ✓ Zoning and Impacts to Operations ✓ Compatible Land Use MUNICIP Mi TKDA Tricia Fantinato Senior Planner Project Manager 4377 Commercial Way#208 Spring Hill, FL 34606 P 813.480-9900 I tkda.com Danielle Gernert Planning/Environmental and Funding Manager 800 20* Place, Suite 1, Vero Beach, FL 32960 P 772-217-95211 tkda.com Master Plan Elements Aircraft Demand Regu Requirement; Airport Environmental Sustainability Needs MUNiav�n oN STEPS OF THE MASTER PLAN • Airport Goals and Opportunities Identification • Inventory of Existing Conditions Aircraft Demand Forecasts Existing and Future Critical Aircraft Identification Airport Capacity Determination Identify Airport Facility Needs Preliminary Alternatives User and Community Input STEPS OF THE MASTER PLAN • Refine and Evaluate Alternative Options • Recommend Airport Development Plan • Evaluate Environmental and Wildlife Impacts • Create Waste Management Treatment Plan • Create Sustainable Airport Development Plan Graphical Representation of 20 -years of Development Phase proposed development Provide Financial Analysis of future revenue and expenses Create 20 -year Airport Capital Improvement Program Mi Environmental Overview TKDA Scrub Jay Survey: Onsite survey conducted and completed on two Tricia Fantinato Senior Planner potential areas of development on Airport property. Conclusion of survey Project Manager 4377 Commercial Way N208 determined no Scrub Jay impact will be caused by future development. Spring Hill, FL 34606 P 813-480-9900 1 tkda.com Danielle Gernert Wetland Delineation and Mitigation Recommendations: Onsite survey Planning/Environmental Manager entaland to determine boundaries between wetlands and uplands. Fu 800 20" Place, Suite 1, Vero Beach, FL 32960 P 772-217-95211 tkda.com Environmental Assessment: The Environmental Assessment (EA) will be prepared to evaluate the potential impacts on the physical and human environment that could result from the proposed development and alternatives to that development. • Habitat Conservation Plan with Indian River County and U.S. Fish and Wildlife Mm t !t MUNIIIP�A! �IFI�IiRI Please Join Us! i TKDA public Input Tricia Fantinato Senior Planner Project Manager 4377 Commercial Way #208 f o r Spring Hill, FL 34606 P813-480-9900 I tkda.com Gernert Planninng/Enivonmentaland Sebastian Airport Master Plan Funding Manager Soo 20th Place, Suite 1, Vero Beach, FL 32960 P 772-217-95211 tkda.com June 15, 2017 1:00 p.m. — 4:00 p.m. City Hall Council Chambers $EBo ZIAt� o . .