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HomeMy WebLinkAbout01-24-2018 CC Minutes w CRAMOF SEe�`�T�N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL & COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING MINUTES WEDNESDAY, JANUARY 24, 2018 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the regular meeting to order at 6:00 p.m. 2. Deacon John Dunlop of St. Sebastian Catholic Church gave the invocation. 3. Council Member lovino led the Pledge of Allegiance. 4. ROLL CALL Mayor Jim Hill Vice Mayor Linda Kinchen Council Member Ed Dodd Council Member Albert lovino Council Member Bob McPartlan Citv Staff Present City Manager Joe Griffin Interim City Attorney Cynthia Hall City Clerk Jeanette Williams Community Development Director Lisa Frazier Airport Director Scott Baker Administrative Services Director Ken Killgore Asst. Administrative Services Director Cindy Watson Procurement Manager Randy Moyer Police Commander Dan Acosta 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members There was no objection to Mayor Hill's request to add the Final Plat of Cross Creek Estates as Item 9 F to the consent agenda. 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. 18.012 A. Sebastian Clambake Foundation — Presentation of Proceeds to 2017 Beneficiaries Anjani Cirillo, President, acknowledged the board of directors, volunteers and community partnerships who worked hard to present a family -friendly, entertaining, great food event. She described the on-line process to be a beneficiary and acknowledged the 2017 recipients. Pat Riviezzo, Vice President, introduced the capital improvement recipients. President Cirillo asked everyone to support the north county festivals because they give back to the community; and, save the dates of November 2, 3, and 4 for the 2018 Clambake. She said this event makes the community special just as Rich Stringer, one of the founding board members, envisioned it to be. Regular City Council & CRA Meeting January 24, 2018 Page Two Brief Announcements 1/26/18 — Chamber Concert in the Park— 20th Street Jazz Band — 5:30 to 8 pm 2/9/18 — Chamber Concert in the Park — Professor Pennygoode's Band— 5:30 to 8 pm 2/10 & 2/11— Sebastian Craft Club Show — 10 am to 3 pm — Riverview Park Mayor Hill announced the upcoming events. 7. Recess City Council Meeting and Convene as Communitv Redeveloament Agencv A. Chairman Hill called the CRA meeting to order at 6:37 p.m. All members were present. B. MOTION by Mr. McPartlan and SECOND by Chairman Hill to approve the December 13, 2017 CRA meeting minutes passed with a voice vote. (5-0) C. Consider Septic -to -Sewer Program Grants (Transmittal, Summary) i. 936 US Highway 1 - 936 Building, LLC (Application, Deed, Tax Receipt, Plan) ii. 1327 N. Central Avenue - Sebastian Oaks (Application, Deed, Tax Receipt, Plan) The Interim City Attorney disclosed that she is the owner of several of the units that will be benefit and recused herself from providing legal advice on these grant awards. The City Manager advised all the documents were in place and recommended approval of both applications. MOTION by Mr. Dodd and SECOND by Mr. McPartlan to approve both grant applications for the septic -to -sewer grant awards. ROLLCALL: Mr. Dodd — aye Mr. lovino —aye Mr. McPartlan — aye Chairman Hill — aye Vice Chairperson Kinchen — aye Motion carried 5-0. D. Chairman Hill adjourned the CRA meeting at 6:40 p.m. 8. Adiourn Communitv Redevelooment Agencv Meeting and Reconvene as Citv Council The City Council meeting reconvened at 6:40 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 hisrherhand to be recognized. A. Approval of Minutes — January 10, 2018 Regular City Council Meeting 18.013 B. Approve Fiscal Year 2018/2019 Budget Calendar (Transmittal, Calendar) 18.014 C. Approve the 2018 Pelican Island Wildlife Festival in Riverview Park on March 3, 2018 from 10 a.m. to 4:00 p.m. (Transmittal, Letter) 18.015 D. Approve Alcoholic Beverages at Community Center for Meyer Event on February 17 from 4:30 pm to 8:30 pm - DOB Verified (Transmittal, Application, Receipt) Regular City Council & CRA Meeting January 24, 2018 Page Three 18.016 E. Award Consultant Service Agreements for Professional Planning and Landscape Architect to GAI Consultants, Inc.; Kimley-Horm and Associates, Inc.; Redevelopment Management Associates, Inc. for Three Years with Two Optional One Year Extensions (Transmittal, Summary, Agreements) Mr. Dodd requested to pull item B. MOTION by Vice Mayor Kinchen and SECOND by Council Member McPartlan to approve consent agenda items A, C, D, E, and F. ROLL CALL: Council Member lovino — aye Council Member McPartlan — aye Mayor Hill —aye Vice Mayor Kinchen — aye Council Member Dodd — aye Motion carried 5-0. Item B Council Member Dodd asked that Council agendize their budget objectives for discussion at the February 14 meeting and determine if they would like to communicate those items to the Budget Review Advisory Board and staff. There was no objection. Council Member Dodd made a MOTION with SECOND by Mayor Hill to approve consent agenda item B which passed with a unanimous voice vote. (5-0) 10. GQMMIVEE REPORTS & APPOINTMENTS LL``ity committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 18.017 A. Police Pension Board of Trustees (Transmittal, Application, Ad, List) i. Interview, Unless Waived, Submit Nomination for One Civilian Position — Term to Expire January 2022 Council Member McPartlan and Vice Mayor Kinchen nominated Randy Moyer who will serve in the civilian position until January 2022. 11. PUBLIC HEARINGS - None 12. UNFINISHED BUSINESS 17.136118.008 A. ADDrove Citv Attornev Aareement with James D. Stokes. Esa. (Transmittal. Hourly Aareement. Flat Rate Aareement) The City Manager reported he had provided an hourly and flat rate agreement for Council's consideration and Mr. Stokes was available to discuss the agreements. Damien Gilliams suggested that Council look at the flat rate agreement to keep expenses down and if any special litigation would be needed, they use a local attorney. The Interim City Attorney advised the Charter provides for the removal of Charter Officers and makes a distinction between with cause and without cause; noting termination with cause does not provide for notice. Regular City Council & CRA Meeting January 24, 2018 Page Four She also noted as a general matter, she disfavors indemnification provisions; they have some limitations such as a client would not be able to waive a future malpractice claims but Florida Statute does authorize indemnification for city officers and agents. She also pointed out the attorney fee shifting provision relating to litigation with the contract, whereby the winner would pay the loser. Attorney Hall advised that they may want to require without cause notice from Mr. Stokes MOTION by Mayor Hill and SECOND by Council Member Dodd approve the flat rate agreement with the recommended changes to Section 11— Term of Agreement. Mr. Stokes agreed with Attorney Hall that the Charter would trump the termination provisions in the contract and he was amendable with the flat rate or hourly rate agreement. ROLL CALL: Mayor Hill —aye Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — aye Motion carried 5-0. The City Manager affirmed he would revise section two of the flat rate agreement and have it ready for the Mayor's signature in the morning. 18.009 B. Aoorove Citv Manager Search Agreement with Colin Baenziaer & Associates in the Amount of $26.500 (Transmittal. Contract. Attachments) The City Manager reported that Colin Baenziger was available to answer any questions and recommended approval of the city manager search agreement. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve the city manager search agreement with Colin Baenziger & Associates. To meet the City Manager's retirement date, Mr. Baenziger said two to four weeks could be cut off from the search time. ROLL CALL: Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — aye Mayor Hill —aye Motion carried 5-0. 17.084/18.018 C. DMC Earth Embankment Design/Engineering Llodate (Transmittal. Proposal) The City Manager said Dredging Marine Consultants were contracted to do an analysis of the seawall system and options should there be a failure of one of the seawalls. Will Cornelius, DMC, reported they have reviewed internet information for the 6 'h miles of the southern canal system which includes southern Collier, George, Elkcam and Schumann waterways; he is currently working with staff on a design to formulate general permit applications with the SJRWMD and FDEP. 4 Regular City Council & CRA Meeting January 24, 2018 Page Five Mr. Cornelius displayed a rip rap diagram and described that the existing wall would be buried unless asbestos was present, the wall would need to be entombed; he did not expect the water capacity to change. Mayor Hill asked if the rip rap design could be installed on individual lots. Mr. Cornelius advised they should take care of the individual lots first and then go into replacement stretches. Council Member Dodd stated rip rap on individual lots might create partial dams during a storm and the City needed to know if SJRWMD was willing to accept that and will the rip rap be a long term fix. Mr. Cornelius responded that they are considering the use of larger rocks in the rip rap; he would not be concerned with the ability to convey the water but he was concerned with some of the pines that should be removed before the next storm. Council Member Dodd asked if there needed to be soundings at 100 ft. intervals and geotechnical borings at every 20-30 feet of the bank to provide a complete engineering study. Mr. Cornelius replied a site specific study could not be done without the soundings and borings but they have enough for a conceptual permit that could expedite the permitting process for individual lot repairs. He would follow up with a precise schedule. 7:15 pm 17.034/18.019 D. Approve Submission of Airport Master Plan Update Studv (Draft) to the FAA for Review (Transmittal. R-16-18, Transmittal, Summary, Web Link) The Airport Director stated the consulting firm, TDKA, has been working on the draft capital improvement program designed to drive the Airport to 100% sustainability and the next step is to send their draft to the FAA for comment. Danielle Gernert, TDKA Planning Manager said the backup in the agenda packet included their executive summary and displayed the layout plan that will be closely reviewed by the FAA. MOTION by Vice Mayor Kinchen and SECOND by Council Member McPartlan to forward the draft plan to the FAA. ROLL CALL: Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — aye Mayor Hill —aye Vice Mayor Kinchen — aye Motion carried 5-0. 13. PUBLIC INPUT New information or requests to City Council not otherwise on the prepared agenda Mary Beth Lucas, 101 Keystone Drive, thanked Council for their service and asked on behalf of residents of Keystone Drive about the unsightly and unsafe conditions on their street. She said the City Manager informed her that the matter would be addressed tonight by way of a paving contract but due to key problems, it is not on the agenda. She requested formal clarification and a timeline for improvements. Regular City Council & CRA Meeting January 24, 2018 Page Six Ben Hocker, Sebastian, asked what was going to happen to the train depot sitting in the CRA district; suggested constructing a bike lane during the Indian River Drive improvements. He also said the swales are damaged when people park in them during the festivals; asked where the sidewalk is that the County was to install along Indian River Drive up to Roseland Road; noted everyone is parking in the swales along Barber Street. He said it seemed a lot of things are going by the wayside. Damien Gilliams, 1623 US Highway 1, said he was happy to see the Clambake show dividence to the community; he suggested the established non -profits pay their own expenses so other non -profits might receive assistance. He asked again, if the parks and recreational impact fee can pay for the Barber Street Sports Complex lights. He said the City could have had proper parking for the festivals if the City had bought the property from him many years ago. Kevstone Drive The City Manager advised Council that he had ordered the potholes on Keystone Drive to be fixed along with a pavement assessment which indicated only the overlay needed to be corrected. He said he postponed the paving contracts to make some needed corrections and hoped to bring them to Council on February 14th for approval. He said the assessment provided for a $30,000 estimate to repave Keystone Drive and offered to request the appropriation as an addition, under the next agenda item—New Business. It was the consensus of Council to put the paving contracts on the next Council agenda, and have Keystone fixed first. 14. NEW BUSINESS 17.098/18.020 A. Consider the Purchase of Real Propertv –1215 Indian River Drive (Transmittal. Advertisement. Appraisal, Bids/Offers/Counters, Last Offer, F.S.166.045) 7:38 pm The City Manager gave a brief history of property owned by Mrs. Ruth Sullivan; his attempts to negotiate a price; the last offer from Mrs. Sullivan being $750,000 and requested direction to go forward. He noted that on page 277, under Section 6, he would like to request a fully insured warranty deed as opposed to a special warranty deed. He also pointed out the special conditions outlined on page 282 requiring a second appraisal, a super majority Council approval, and a satisfactory environmental assessment. He cited the following from the City's Charter (page 286), Section 1.02 (1) ....If the purchase price is in excess of the average of two appraisals, approval of the purchase would require a supermajority vote of four members of Council.... and noted if Council agreed to the purchase, he did not feel a second appraisal was necessary but strict interpretation required the second appraisal. Ben Hocker asked what the plan was for the property. 2 Regular City Council & CRA Meeting January24, 2018 Page Seven Damien Gilliams said the purchase was not a planned budget item; the seller is a former councilwoman; the City was about to overpay for the property; and the City Manager received individual clearance from Council Members which wasn't transparent under the Sunshine Law. Russell Herrmann, 586 Redwood Court, thanked Council for their fortitude and insight that will give his children and grandchildren the opportunity to enjoy the beautiful vista of the Lagoon. The Interim City Attorney recommended requiring a supermajority vote given the conservative interpretation of the sentence cited by the City Manager but noted if a second appraisal was obtained, the average would not matter with a supermajority vote. Not knowing how Council planned to vote, she recommended obtaining the second appraisal. MOTION by Mayor Hill and SECOND by Council Member Dodd to approve the purchase of the property as the contract states, with a second appraisal. The Interim City Attorney also suggested obtaining statutory warranty deed as opposed to a special warranty deed and noted the contract did not identify who would pay for title insurance. AMENDED MOTION by Mayor Hill and AMENDED SECOND by Council Member Dodd to require a statutory warranty deed as opposed to a special warranty deed in Section 6 of the contract. Council Member Dodd noted their objective of protecting what is left of the riverfront leads to the successful festivals that give back to the charities as evidenced at the beginning of the meeting and proves they are good stewards of the riverfront. He asked the Administrative Services Director what would not be funded in the FY18 budget if the property was purchased. The Administrative Services Director advised there were enough reserves in the CRA budget for their $250,000 portion and he proposed removing designated appropriations for the Public Facilities Compound move for the next two budget cycles. Discussion followed on the need for obtaining a second appraisal, noting the Indian River Property Appraiser has the property appraised much lower. Council Member Dodd said it is not unusual to pay more for a piece of property than its appraised amount because of its value and this property is valuable to the City. SECOND AMENDMENT TO ORIGINAL MOTION by Council Member Dodd and SECOND AMENDMENT AGREED to by Mayor Hill to forego the second appraisal. The Interim City Attorney said the Charter does not specify the nature of the appraisal; it was not uncommon to use the Property Appraiser's appraisal as the second appraisal. She said the last sentence of the Charter excerpt was not clear if the supermajority modifies the requirement. 7 Regular City Council & CRA Meeting January 24, 2018 Page Eight Mayor Hill WITHDREW all of his motions at this point and offered the following: MOTION by Mayor Hill and SECOND by Council Member Dodd to approve the contract to purchase the property with the statutory warranty deed, the seller will pay for title insurance and the environmental assessment, and the City Manager will obtain another appraisal. Mayor Hill stated this property is a win for the City and one day the citizens will be glad that City Council purchased it. ROLL CALL: Council Member McPartlan — aye Mayor Hill —aye Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Motion carried 5-0. 15. CITY ATTORNEY MATTERS 18.021 A. Indian River Countv Delegation of the Indian River Lagoon National Estuary Proqram (IRLNEP) Citizens Advisory Committee (CAC) is hosting a listening meeting to obtain inaut from all citizens on Tuesday. February 13. 2018 at 6 om at the Indian River Countv School District Office, 6500 57th Street, Vero Beach Interim City Attorney Hall thanked Council for their patience in relaying her concerns with property purchase. She also thanked them, the charter officers, and staff for placing their trust in and working with her. She announced the Citizens Advisory Committee meeting that will be seeking citizen input regarding the Lagoon. Mayor Hill thanked her for effortlessly stepping in during the difficult time of losing Attorney Ginsburg. 16. CITY MANAGER MATTERS The City Manager also thanked Attorney Hall for serving his office and the City during the interim. He said that while he was thanked for the successful festivals, he recognized that it was the employees that extended themselves in volunteer and paid positions to make those events successful and he thanked them for their loyalty in making Sebastian a great community. 17. CITY CLERK MATTERS The City Clerk also thanked Attorney Hall for all of her assistance. 18. CITY COUNCIL MATTERS A. Council Member Dodd also thanked Attorney Hall for her advice, especially tonight. Regular City Council & CRA Meeting January 24, 2018 Page Nine B. Council Member lovino also thanked Attorney Hall He asked if there are plans for the train depot and he would like backup regarding the recreational impact fee paying for the Barber Street Sports Complex lighting replacement and asked that it be placed on the next agenda. C. Council Member McPartlan thanked staff for the great job on the Fine Arts and Music Festival. He too, thanked Attorney Hall. D. Mayor Jim Hill had nothing further. E. Vice Mayor Linda Kinchen thanked Attorney Hall for everything that she has done for the City. She also reminded everyone to attend the Concert in the Park this Friday night. 19. Being no further business, Mayor Hill adjourned the regular City Council meeting at 8:27 p.m. Approved at the February 14, 2018 Regular City Council Meeting. Je etteilhamv-7 C — City Clerk 9