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Home My WebLink About04-25-2018 CC MinutesMY OF SEBASTL HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, APRIL 25, 2018 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Hill called the Regular City Council meeting to order at 6:00 p.m. 2. Pastor David Daniel, Sebastian Church of God gave the invocation. 3. The U.S. Naval Sea Cadets were not in attendance. 4. The Sebastian Charter Junior High Excel Club led the Pledge of Allegiance. 5. ROLL CALL Mayor Jim Hill Vice Mayor Linda Kinchen Council Member Ed Dodd Council Member Albert Iovino Council Member Bob McPartlan City Staff Present: City Manager Joe Griffin City Attorney James Stokes City Clerk Jeanette Williams Administrative Services Director Ken Killgore Assistant Administrative Services Director Cindy Watson Public Facilities Director Scott Baker Building Official Wayne Eseltine Police Chief Michelle Morris Deputy Police Chief Greg Witt Police Commander Dan Acosta Procurement Manager Randy Moyer 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. 18.061 A. Dedication of Freedom Shrine Donated to the Citv by the Exchanae Club of Sebastian Mr. Adam Preuss and Dr. Jeff Slade gave a brief history of the documents of the Freedom Shrine and dedicated it to the City. Mayor Hill proclaimed the month of May as Freedom Shrine month to encourage the citizens to visit the Shrine in the first floor hallway at City Hall to learn and understand the significance of our nation's past and future. Regular City Council Meeting April 25, 2018 Page Two B. Presentation — 25h Anniversary of the Sebastian Exchange Club Foundation Blue Water Open Charitv Offshore Fishinq Tournament Michael Natale, Co -Chair of the Blue Water Fishing Tournament, presented the Mayor with a poster of the event signed by all of the members in appreciation for the City's support. Brief Announcements May 5 — Craft Club of Sebastian Show — Riverview Park — 10 am to 3 pm Vice Mayor Kinchen announced the Craft Club Show scheduled for May 5. 7. AGENDA MODIFICATIONS - None 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 — April 4, 2018 City Council Workshop & Special Meeting B. Approval of Minutes — April 11, 2018 Regular City Council Meeting 18.062 C. Resolution No. R-18-20 - Partial Abandonment of Rear Easement —169 Joy Haven Drive (Transmittal, R-18-20, Map, Report, Approvals, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 18, BLOCK 390, SEBASTIAN HIGHLANDS UNIT 11; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. 18.063 D. Approve Chief of Police Employment Agreement (Transmittal, Agreement) 18.064 E. Approve "Concerts in the Park" Agreement with Sebastian River Area Chamber of Commerce (Transmittal, Agreement) 18.065 F. Approve Alcoholic Beverages at Community Center for Mosher Event on June 9, 2018 from 5:00 pm to 9:00 pm - DOB Verified (Transmittal, Application, Receipt) Council Member Dodd requested to pull item D. MOTION by Vice Mayor Kinchen and Council Member McPartlan to approve consent agenda items A, B. C, E and F. 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. Regular City Council Meeting April 25, 2015 Page Three Item D Council Member Dodd said the Police Chief is in the City's organization structure as a department head and they may want to consider employment agreements with all of the department heads. It was the consensus of Council that the Chief's position is unique situation especially given her tenure and if there were other department heads that might need contracts, they could have a conversation with the new City Manager. MOTION by Council Member McPartlan and SECOND by Council Member lovino to approve consent agenda item D. ROLL CALL: Council Member Dodd — Nay Council Member lovino — Aye Council Member McPartlan — Aye Mayor Hill — Aye Vice Mayor Kinchen — Aye Motion carried 4-1. 9. COMMITTEE REPORTS & APPOINTMENTS - None 10. PUBLIC HEARINGS - None 11. UNFINISHED BUSINESS — None 12. PUBLIC INPUT - None 13. NEW BUSINESS 18.066 A. ApDrove Modification to Golf Course Restaurant Concession Agreement (Transmittal. Lease. Addendum) The City Manager reported the restaurant has not been well received, the operator has asked for relief on rent in exchange for ownership of certain equipment that he has installed in the restaurant which would require a modification to the lease, and he recommended approval. Mayor Hill said it will take something quite large to fix what is going on; decisions were based on it being a full-fledged restaurant; municipal golfers are coming to play golf and maybe grab a burger and beer but their intent is to play golf. He could not see how the temporary relief will fix what is going on. Vice Mayor Kinchen said she agreed and suggested the operator try other things before reducing the rent. Council Member Dodd said the lease was signed with a business model that isn't working; he would consider relief until November 1s`to give the operator time to change his business model. 6:21 pm Mayor Hill said he agreed there needs to be a new model and asked if it was fair to others that might want to bid. Regular City Council Meeting April 25, 2018 Page Four 6:30 pm Council Member Dodd noted if the restaurant closed, the liability would be greater than $7,000 and at that point, the City would then need to go out to bid but the turnaround time would be shorter because the building and equipment have been repaired. Mayor Hill said the operator had some misconception as to the type of clientele that would be going to the restaurant. The current model cannot be successful. He said he would want to offer a reasonable out for the operator and if he didn't think he could make it work, Council could figure out what type of restaurant they want and rebid it. Council Member McPartlan said he couldn't support the amendment in the package, but he could support reducing the rent a $1,000 a month for a year to make up for the $14,000 worth of equipment the operator has put into the restaurant. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to modify pages 67-68 of the agenda packet to include: -Changing the forgiven date to October 1, 2018 -Strike #2, #3 -Keep #4, # 5 and #6 This would give the operator an opportunity to make the decision to stay in business and change the business model. The City Attorney advised the first paragraph does reduce the rent until October 1, 2018 and puts the amount in forbearance until 2019. There was no public input. Council Member lovino said he would support the amendment because if the operator goes out of business, people will lose their jobs. Mayor Hill said their goal was to get the lease to work or something successful at the restaurant. Council Member Dodd agreed, this would give the operator an opportunity to solve his business problem. Council Member lovino asked if they should make the time period three months. Council Member Dodd noted the down season is about to begin and will pick up in the fall; if it is needed, transitioning to a new operator won't take a long time since the equipment is operational. Vice Mayor Kinchen said a rent reduction won't help pay the loans back; it would be better to change operators now. Council Member Dodd said he didn't think they could charge the rent needed to make a business successful there; if the operator cannot come up with a business model, the City will have to change the vision and rebid the restaurant. ROLL CALL: Council Member lovino — Nay Council Member McPartlan — Aye Mayor Hill — Nay Vice Mayor Kinchen — Nay Council Member Dodd — Aye Motion failed 3-2. 0 Regular City Council Meeting April 25, 2018 Page Five 14. CITY ATTORNEY MATTERS 18.028 A. Discuss Possible Response to Indian River Countv Reaardina Fire Marshal The City Attorney said he has watched the two County Commission meetings where the Fire Marshal was discussed and he has formulated a response. He offered to forward the response to them for review or bring it to the next meeting. He asked that Council not discuss the merits or pitfalls of the case publicly. The City Attorney will finish the letter and then ask Council if he is on the right course. Council indicated that they were intent on continuing the installation of our own Fire Marshal. 15, CITY MANAGER MATTERS The City Manager invited the public to City Hall to view the Freedom Shrine. He said the Public Facilities Director and Building Maintenance Manager Jim Testa did a superb job on installing the Freedom Shrine. Report on Hurricane Matthew Reimbursements The Administrative Services Director reported the City incurred $1,782,000 in damages and on Monday, received all but $75,000 which is still coming from FEMA and the State. The City has successfully recovered $1,500,000 that will replenish the reserves. 16. CITY CLERK MATTERS - None 17. CITY COUNCIL MATTERS A. Council Member Dodd noted the final distribution of the ShrimpFest proceeds was impressive and asked that it be posted on the City's website. B. Council Member lovino invited the public to the Town of Indian River Shores Special Olympics 5K Fun Run on Saturday, April 28th. He also displayed a copy of the Glades County Democrat newspaper featuring a front page article on Paul Carlisle's departure from Glades County. He said he is looking forward to Mr. Carlisle's starting at Sebastian. C. Council Member McPartlan - None D. Mayor Hill -None E. Vice Mayor Kinchen asked the City Manager if he received the drainage complaint from Ms. Rodriguez at 1020 Carnation Drive. She cited e-mails about speed bumps on South Easy Street and the City Manager reported that there was a traffic study that warranted a three-way stop but no speed bumps. He suggested the Police Chief may provide more of a police presence. Regular City Council Meeting April 25, 2018 Page Six 0 18. Being no further business, Mayor Hill adjourned the Regular City Council meeting at 6:52 p.m. the May 9, 2018 Regular City Council meeting. vette Williams, MMC —City Clerk