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HomeMy WebLinkAbout08-23-2017 CC Minutes/CRAanLT SEBAST�N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY (CRA) MINUTES WEDNESDAY, AUGUST 23, 2017 - 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. Rev. Dave Newhart of St. Elizabeth's Episcopal Church gave the invocation and tribute to City Attorney Robert Ginsburg 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 Acting City Attorney Cynthia Hall City Clerk Jeanette Williams Administrative Services Director Ken Killgore Asst. Admin. Services Director Cindy Watson Procurement Manager Randy Moyer Airport Director Scott Baker Building Official Wayne Eseltine Community Development Director Dorri Bosworth Police Commander John Blackledge Vice Mayor Coy remarked how much City Attorney Bob Ginsburg will be missed; Mayor McPartlan added that he will never be forgotten and left a great legacy. 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Mayor McPartlan announced that a Patriot Day Celebration would be held in Riverview Park on September 11, 2017 at 8:30 a.m. He also announced the Brevard State Attorney's Office has completed their investigation on the Sebastian Police K9 that recently passed away and his handler. The State Attorney's Office has determined animal cruelty charges will be enforced. The Sebastian Police Department will now conduct an internal affairs investigation; during this time, the Officer has been placed on administrative leave without pay. The Mayor does not have any comment on this matter; he will let the legal system run its course. Regular City Council & CRA Meeting August 23, 2017 Page Two 7. Recess City Council Meeting and Convene as Community Redevelopment Agency A. Chairman McPartlan called the CRA meeting to order at 6:07 p.m. B. MOTION by Mr. Dodd and SECOND by Ms. Kinchen to approve the July 26, 2017 CRA Meeting minutes. ROLL CALL: Vice Chairperson Coy — Aye Mr. Dodd — Aye Mr. Hill —Aye Ms. Kinchen —Aye Chairman McPartlan - Aye Motion carried 5-0. C. Facade, Sign & Landscape Program (Transmittal, Application. Summary) i. Review Program and Direct Staff Accordingly The City Manager said staff was requested to bring the program back for discussion and they were available to answer any questions. Mr. Dodd said he was inclined to do away with program although it has fixed many blighted signs but he acknowledges that other members support the program. He suggested the following changes: Modify the reference to residential or commercial properties to commercial only Remove the "old fishing village" theme reference because there is no design guide or definition for it There is an eligibility requirement that the grant money cannot be used for a code violation. He said there is ambiguity that someone could use the money to alleviate a code fine; he would like the application to say grant money cannot be used to pay code enforcement fines. Change the application language referencing the Committee to Community Development Department and that the City Manager will forward applications to Council for approval Add language that applicants cannot do the same improvement more than once; if the applicant hasn't used the total grant amount, then the remainder must be used for another improvement. He noted the program shouldn't pay for rebranding that is required by a franchise. He noted the program has done a great job of fixing blighted signs but it isn't really doing that now. He said it might be a couple of grant cycles, but they should be careful giving out money for things that businesses already need to do. Regular City Council & CRA Meeting August 23, 2017 Page Three 6:17 pm Mr. Hill said prior to having the program, there were many properties with different types of signs and fagade; he agreed that there isn't a definition of "old fishing village," the idea of bringing property to a certain parameter with the money will lend itself well to the community. The City Manager explained the program's funds roll over each year, there is currently $71- 76,000 in the line item, and $30-40,000 is deposited each year. Mr. Hill suggested capping the program at $80,000 so that as grants are awarded, there might be less needed the following year which would free up some money to address other projects. He said it's a good program and it would benefit the community to look at it periodically. He said they should be careful that if a company purchased a business and wanted to change the sign, the new owner should be able to do so. The Community Development Manager said that she has seen permits for new signs at $8- 9,000 and approximately $1,200 for the refacing panels depending on the size. Vice Chairperson Coy agreed the "old fishing village" theme is difficult to define noting it came from the charrette. She asked if staff should guide applicants. Mr. Hill said as long as the code is met, the charrette ideas would be incorporated. Since there are only two or three non -conforming signs are left, Vice Chairperson Coy suggested they could focus on the landscape and fagade awards. In response to the Board's comments, the Community Development Manager said when helping businesses apply for the grant, she does use the "old fishing village" reference to help them understand what the City is looking for; and there haven't been any residential grants awarded. Mr. Dodd said the application language citing the guidelines to achieve the `old fishing village" theme sounds like a "shall do" instead of a "will do;" and he did not want to pay for changing a sign when it is a normal price of doing business. He did not think it was good idea for government to make a business successful. Mr. Hill said it is more expensive to do business in CRA because of the sign and landscape requirements; especially at start up. The Community Development Manager asked if the application should be changed to add sign refacing as an eligible improvement. Mr. Hill said the program shouldn't be changed, staff should continue to bring those requests forward to the CRA so that the Board may decide. Mr. Hill suggested looking at the history of the program to determine if a potential cap should be placed on the fund. MOTION by Chairman McPartlan and SECOND by Vice Chairperson Coy to approve Mr. Dodd's recommended changes. ROLL CALL: Mr. Dodd —Aye Mr. Hill —Aye Ms. Kinchen —Aye Chairman McPartlan - Aye Vice Chairperson Coy — Aye Motion carried 5-0. MOTION by Mr. Hill and SECOND by Mr. Dodd to direct staff to develop a cap on the fund based on previous years usage going forward. Regular City Council & CRA Meeting August 23, 2017 Page Four ROLL CALL: Mr. Hill —Aye Ms. Kinchen — Aye Chairman McPartlan -Aye Vice Chairperson Coy—Aye Mr. Dodd —Aye Motion carried 5-0. D. Chairman McPartlan adjourned the CRA meeting at 6:31 p.m 8. Mayor McPartlan reconvened the City Council meeting at 6:31 p.m. 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 — August 9, 2017 Regular City Council Meeting 17.132 B. Approve Two Year Extension for Banking Services with Seacoast National Bank and Authorize City Manager to Execute Appropriate Documents (Transmittal) 17.004 C. Approve Sebastian River Area Chamber of Commerce Request for Candidate Forum for City of Sebastian Candidates — October 26, 2017 (Transmittal) 17.123 D. Approve First United Pentecostal Church of Sebastian Gospel Music Event at Riverview Park on Friday, November 10, 2017 from 6 p.m. to 9 p.m. (Transmittal, Request, Applications, Agreement) 17.133 E. Approve Sammi's Cheetah 5K Run/Walk at the Sebastian Municipal Golf Course on September 30, 2017 from 6:00 am to 11 am (Transmittal, Application, Receipt, Route) 17.134 F. Approve Alcoholic Beverages at Yacht Club for Johnston Event on September 23, 2017 from 11:00 am to 4:00 p.m. - DOB Verified (Transmittal Application, Receipt) 17.135 G. Consider Use of Yacht Club for Medicare Information Meetings by United Healthcare from 9:30 a.m. to 11:30 a.m. on October 4, October 18, November 1 and November 15, 2017 (Transmittal, E -Mail, Application, Receipts) MOTION by Mr. Dodd and SECOND by Ms. Kinchen to approve consent agenda items A -G. ROLL CALL: Motion carried 5-0. Ms. Kinchen — Aye Vice Mayor Coy — Aye Mr. Hill —Aye Mayor McPartlan — Aye Mr. Dodd — Aye Regular City Council & CRA Meeting August 23, 2017 Page Five 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. Ms. Kinchen said it was reported at the Indian River County Beach and Shore Preservation Committee meeting that there are 7,959 active turtle nests for the year of 2017, which is the highest in over five years. She also announced there will be an International Coastal Clean - Up on September 16 from 9-11 a.m. at the Wabasso Causeway Park. 11. PUBLIC HEARINGS 17.128 A. Second Reading and Public Hearing - Ordinance No. 0-17-03 Police Pension (Transmittal, 0-17-03, Statement, Analysis, Schedule) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CHAPTER 58, LAW ENFORCEMENT, ARTICLE III, POLICE OFFICERS' RETIREMENT SYSTEM, OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; AMENDING SECTION 58-46, DEFINITIONS; AMENDING SECTION 58-48, BOARD OF TRUSTEES; AMENDING SECTION 58-50, CONTRIBUTIONS; AMENDING SECTION 58-51, BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 58-55, OPTIONAL FORMS OF BENEFITS; ADDING SECTION 58-58.70.1, MILITARY SERVICE PRIOR TO EMPLOYMENT; ADDING SECTION 58-70.2, PRIOR POLICE SERVICE; ADDING SECTION 58-70.3, DEFERRED RETIREMENT OPTION PLAN; ADDING SECTION 58-70.4, REEMPLOYMENT AFTER RETIREMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. (PJ Ad 8/9/17) Mayor McPartlan opened the public hearing at 6:32 p.m. and the City Manager read the title to Ordinance 0-17-03. The City Manager recommended approval. MOTION by Mr. Hill and SECOND by Vice Mayor Coy to approve Ordinance No. 0-17-03. There was no public input and Mayor McPartlan closed the public hearing at 6:35 p.m. There was no further Council discussion on the ordinance. ROLL CALL: Motion carried 5-0. Mayor McPartlan - Aye Mr. Dodd —Aye Ms. Kinchen —Aye 12. UNFINISHED BUSINESS Vice Mayor Coy — Aye Mr. Hill —Aye 17.119 A. Authorize City Manager to Sell Forty -Eight (48) 2014 Yamaha Golf Carts to UGATE Store and Execute Appropriate Documents (Transmittal, E -Mail. Transmittal, Release) The City Manager stated Council authorized the purchase of 80 new cars last June, this would reduce balloon payment due on the existing carts and increase the City's proceeds for the entire transaction. Regular City Council & CRA Meeting August 23, 2017 Page Six MOTION by Mayor McPartlan and SECOND by Mr. Dodd to approve the sale of 48 golf carts to the UGATE Store. Mayor McPartlan complimented the Procurement Manager. ROLL CALL: Vice Mayor Coy — Aye Mr. Dodd —Aye Mr. Hill —Aye Ms. Kinchen —Aye Mayor McPartlan - Aye Motion carried 5-0. 17.022 B. Rte) 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 "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The Administrative Services Director said the resolution reports the budget changes for the quarter, which were reviewed and approved by the Citizens Budget Review Board. He said he hoped to provide a report at their September budget hearing to go over which projects should be cancelled and re -appropriated. MOTION by Mayor McPartlan and SECOND by Ms. Kinchen to approve Resolution No. R-17-24. Mayor McPartlan stated how much he appreciated the Police Department's Community Service Volunteer hours which are equivalent to five police officers. GLi74sa7_114 Motion carried 5-0. 17.031 C. Mr. Dodd — Aye Ms. Kinchen — Aye Vice Mayor Coy — Aye Mr. Hill —Aye Mayor McPartlan - Aye The City Manager said last spring there were two respondents to a request for proposal to operate the Golf Course Restaurant; a selection committee interviewed the candidates and Wesley Campbell was the high score. A lease was negotiated and staff recommends approval. MOTION by Mr. Hill and a SECOND by Mayor McPartlan to approve the Sebastian Municipal Golf Course Restaurant Concession Lease with Mr. Wesley Campbell. Lorraine Durkes, 933 Oswego Avenue, said as a business owner, she has submitted her share of proposals and Mr. Campbell's proposal looks like a first draft and the numbers didn't make sense to her. She didn't agree with selection committee's recommendation. Regular City Council & CRA Meeting August 23, 2017 Page Seven Mayor McPartlan said he was impressed with the proposal and wished the candidate luck. ROLL CALL: Mr. Hill —Aye Ms. Kinchen —Aye Mayor McPartlan — Aye Vice Mayor Coy — Aye Mr. Dodd — Aye Motion carried 5-0. 13. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda Ben Hocker asked if the Council would follow the County's decision to study marijuana dispensaries for one year before one comes into the City noting companies are using the buds in their picture advertisements. He is concerned because he knows of individuals who have experienced unfortunate marijuana use. Mayor McPartlan reconfirmed that there won't be any buds for sale in the state of Florida. Dixon Watt said he was there to request a partial lien release for the property located 12525 85`h Street, Fellsmere, Florida due to a stop work order and code violation notice issued for a mobile home on #2 Calamondin Street. He said the proceeds from the sale of the 85`h street property would be used to clear up the Calamondin lien. The City Manager said there were anonymous documents provided to request the lien release and if directed by City Council he would put them on the next agenda. Attorney Hall explained the Code Enforcement Magistrate rendered an order in May imposing a fine on the Calamondin property and Florida Statute allows all properties with the violation to have a lien, as well as any other property owned by the violator. The property owner has asked for an appeal in the Circuit Court and this matter is considered open in the court system. The City Manager said he could bring it back to them for consideration but he would not recommend vacating the lien. There was no Council directive regarding Mr. Watt's request. 14. NEW BUSINESS 17.136 A. Consider Options and Direct Staff to Fill the City Attorney Position (Transmittal, List, Staff Advertisement, Recruitment Advertisement) 6:55 The City Manager said with the passing of City Attorney Bob Ginsburg, he requested direction from Council on how to fill the vacancy. Mr. Hill said they should discuss whether there should be a full-time or part-time/as-needed attorney and then how they should go about acquiring that individual. He said he would like to see the temporary arrangement with Attorney Hall continue until they have made a decision; he is inclined to go with a part-time/as-needed basis and would like a professional firm to do the search. Mr. Dodd said he would like to see an agreement identifying Attorney Hall as the Interim City Attorney to comply with the Charter's requirement. 7 Regular City Council & CRA Meeting August 23, 2017 Page Eight 7:02 pm He would also like to consider a local search for a part-time attorney using in-house staff with an agreement on how services would be provided if the attorney had to travel. He said after six weeks, if they can't find anyone; then utilize a professional firm. Mr. Hill said there are firms that can provide substitute attorneys should one not be available but that gets expensive. Mayor McPartlan said Attorney Hall has done a good job so far; is involved in the community and he would be happy to negotiate something with her. Addressing Council from the podium, Attorney Hall said she has been filling in for some of the duties but Attorney Ginsburg was still fulfilling some of the duties required by the Charter. She would be interested in continuing as the interim attorney but is not interested in a full-time position or closing her law firm. Vice Mayor Coy asked Attorney Hall if she found a part-time attorney would be sufficient for a City of Sebastian's size. Attorney Hall said she has only been addressing some of the required duties, but attending the meetings and reviewing contracts could be done on a part- time basis; as she continues on an interim basis she would consider applying during the search process if she felt the scope was appropriate for her professional development, the health of her law firm, and her family. Mr. Dodd suggested having the City Manager look at what a part-time position would entail and maybe multiply the time Attorney Ginsburg spent by 1.5 to get a feel if part or full-time is needed, keeping in mind the additional contractual items that need to be addressed. MOTION by Mr. Hill and SECOND by Mr. Dodd to have Attorney Hall work out an agreement to have her stay on as the interim attorney and direct staff to conduct a public search for a part-time attorney. The City Manager advised that an agreement with the title "Interim Attorney" should be drawn up to comply with the Charter. Ben Hocker, Sebastian, said a couple of years ago, Attorney Ginsburg provided a list of recommended attorneys that should be reviewed. ROLL CALL: Motion carried 5-0. Ms. Kinchen — Aye Vice Mayor Coy — Aye Mr. Hill—Aye 15. ACTING CITY ATTORNEY MATTERS Mayor McPartlan — Aye Mr. Dodd — Aye Attorney Hall reminded affected parties that their Form 1 or Form 6 Financial Disclosure Forms are due by September 1". At the last Council meeting, she advised that a motion was needed for the employee health insurance changes but realized it was not needed after completing some research. She apologized for answering in haste. Regular City Council & CRA Meeting August 23, 2017 Page Nine 16. CITY MANAGER MATTERS The City Manager advised there is a line item in the FY 17/18 budget for a new Community Development Director and after conducting a search, he has offered the position to Lisa Frazier who is well qualified and experienced. She would begin employment on September 18''and be introduced to Council in the near future. 17. CITY CLERK MATTERS 17.004 A. Announce Qualifying Period for November 7. 2017 Election is August 24 -September 8, 2017 The City Clerk announced the qualifying period for three, two-year term Council Member seats would begin the following day. 18. CITY COUNCIL MATTERS A. Council Member Dodd - None B. Council Member Hill - None C. Council Member Kinchen - None D. Mayor McPartlan - None E. Vice Mayor Coy Vice Mayor Coy asked that the public not confuse medical marijuana with recreational marijuana; it was voted in by the public and as an elected official she has an obligation to accommodate the public's request. She asked if there have been any requests for a facility. The Community Development Manager reported that she has received about 3 or 4 due diligence calls regarding specific locations and she has directed them to the Dept. of Health to begin the licensing process. She also said Sebastian's ordinance does need to be tweaked in the near future. Vice Mayor Coy said the City will follow the law and people's will. Vice Mayor Coy said her position on the recent events in the news, is that there is no room for racism, bigotry, and hatred in the City of Sebastian. She hoped the citizens make that very clear in their everyday conversations; and if they "see something, say something." 19. Being no further business, Mayor McPartlan adjourned the Regular City Council meeting at 7: 24 p.m. Approved at the September 13, 2017 Regular City Council meeting. Mayor Bohm artIq'n ATTEST. %I J net*6, Williams, MMC 7 City Clerk